Agenda 01/14/2014 Item # 11D 1/14/2014 11 .D.
EXECUTIVE SUMMARY
Recommendation to award Request for Proposal (RFP) #13-6173 Outsourcing Concessions at the
North Collier Regional Park and authorize the Chair to sign a contract with NASA Holdings of
Miami Inc., dba Concession Services Systems.
OBJECTIVE: To gain the Board of County Commissioners' approval to award RFP 13-6173 to
NASA Holdings of Miami Inc., dba Concession Services Systems in order to outsource the food
service concession at the North Collier Regional Park.
CONSIDERATIONS: The Parks and Recreation Department presently manages and operates
the food concessions at the North County Regional Park. As done in the recent past with Marina
Operations, the Parks and Recreation Department, with the approval of the County Manager,
sought proposals to outsource management of concessionaire services at the North Collier
Regional Park including, but not limited to, the sale of food, sundries and catering services. RFP
#13-6173 was advertised on September 6, 2013 and thirty-seven (37) proposal packages were
downloaded. One (1) proposal was received by the due date of October 10, 2013. A selection
committee reviewed the proposal, and by consensus, agrees that NASA Holdings of Miami Inc.,
dba Concession Services Systems should be awarded the services.
The RFP contained language that requested a minimum concession fee as follows: "The County
shall receive a monthly concession fee of no less than twelve percent (12%) of gross monthly revenue
generated by the Sun-N-Fun, Soccer and Softball field concessions, or not less than five hundred dollars
($500)per month,whichever is higher."
The negotiated concession fee provides that for the first year of the contract the County will
receive five hundred ($500) dollars per month plus ten percent (10%) of gross total concession
sales if sales are at or below $450,000 or twelve percent (12%) of gross total concession sales if
sales are greater than $450,000. The second and third year the County will receive five hundred
($500) dollars per month plus thirteen percent (13%) of gross total concession sales. The fourth
and fifth year, the County will receive five hundred ($500) dollars per month plus fifteen percent
(15%) of gross total concession sales from the concessionaire.
Staff negotiated an agreement and recommends the County Attorney approved contract be
awarded to NASA Holdings of Miami Inc., dba Concession Services Systems.
FISCAL IMPACT: The resources presently in place to operate the NCRP concessions include
one (1) FTE with a budget of$46,400, job bank employees with a budget of$130,100 and an
operating cost budget, including the purchase of goods for sale, of $267,600. The in-house
concession operations typically have had sales of $398,300 and accordingly the FY14 budget
includes a net contribution from concessions operations of$-44,553.
The existing County employee involved with concession operations will be reassigned to other
duties within the Parks and Recreation Department. The job bank employee budget will no
longer be necessary. The ending inventory will be sold at cost to the concessionaire on or before
the first date of operation.
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The successful bidder is expected to begin operation on February 1, 2014. Annual gross sales
under the concessionaire are estimated to be $450,000 in the first year. Based on this sales level
Concession fees would be $45,500. 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 recognized in
the North Collier Regional Water Park budget 001-156314.
Below is a comparison of the impact on general revenue between the most recently completed
fiscal year and the first two fiscal years (a total of 20 months) of the new agreement.
Prior Concession's 2012/2013 2013/2014 2014/2015
Operation (Estimated) (Estimated)
Annual Revenue $ 398,308.77 $ 98,489.64 $ 51,000.00
Annual PS Expense/ $ 175,235.29 $ 71,546.33 $ 4,640.00
Contractual Oversight
Annual Operating ($ 267,626.00) $ 35,000.00 $0.00
Expense
Net impact to General ($ 44,552.52) ( $ 8,056.69) $ 46,360.00
Revenues
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires a majority vote for Board approval. - ERP
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this action.
RECOMMENDATIONS: That the Board of County Commissioners award Request for
Proposal (RFP) #13-6173 Outsourcing Concessions and authorize the Chair to sign a contract
with NASA Holdings of Miami Inc., dba Concession Services Systems.
Prepared by: Natali Betancur, Operations Analyst, Parks &Recreation Department
Attachment: Contract
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.11.D.
Item Summary: Recommendation to award Request for Proposal (RFP) #13-6173
Outsourcing Concessions at the North Collier Regional Park and authorize the Chair to sign a
contract with NASA Holdings of Miami Inc., dba Concession Services Systems. (Barry Williams,
Parks and Recreation Director)
Meeting Date: 1/14/2014
Prepared By
Name: BetancurNatali
Title: Operations Analys, Parks &Rec-NCRP Admin
12/26/2013 8:45:36 AM
Approved By
Name: WilliamsBarry
Title: Director-Parks &Recreation,Parks &Recreation
Date: 12/26/2013 9:46:59 AM
Name: MarkiewiczJoanne
Title: Manager-Purchasing Acquisition,Purchasing&Gene
Date: 12/26/2013 12:50:01 PM
Name: WardKelsey
Title: Manager-Contracts Adrninistration,Purchasing&Ge
Date: 12/26/2013 3:03:23 PM
Name: JohnsonScott
Title: Purchasing Agent,Purchasing&General Services
Date: 12/26/2013 3:38:15 PM
Name: BetancurNatali
Title: Operations Analys, Parks &Rec-NCRP Admin
Date: 12/27/2013 10:41:30 AM
Name:NorthrupAdam
Title: Procurement Strategist,Purchasing
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Date: 12/30/2013 8:30:41 AM
Name: BetancurNatali
Title: Operations Analys,Parks&Rec-NCRP Admin
Date: 12/30/2013 8:59:08 AM
Name: CarnellSteve
Title: Administrator-Public Services
Date: 12/31/2013 9:08:18 AM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 1/6/2014 1:25:21 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 1/7/2014 2:25:56 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 1/7/2014 4:11:03 PM
Name: OchsLeo
Title: County Manager
Date: 1/8/2014 4:42:59 PM
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Contract# 13-6173
Outsourcing of County Concessions within Parks Facilities
THIS AGREEMENT made effective this day of , 20 , between Collier
County, a political subdivision of the State of Florida (hereinafter called the "County") and
NASA Holdings of Miami Inc., dba Concession Service Systems, a Florida Corporation
with offices at 7005 North Waterway Dr., Suite 307, Miami, FL 33155 (hereinafter called
"Concessionaire").
1. SCOPE. The County hereby grants to the Concessionaire, and the Concessionaire
hereby accepts from the County, the exclusive right to operate the following described
concessions at Sun-N-Fun Lagoon and North Collier Regional Park (NCRP), 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 a term of five (5) years, commencing on
award by the Board of County Commissioners, and shall be renewable upon
satisfactory performance by the Concessionaire, for one (1) additional five (5) year
period, under the same terms and conditions, subject to the subsequent approval
of the Board of County Commissioners. In no event, including renewal option,
shall the contract exceed ten (10) years.
B. FACILITIES. The County shall provide to the Concessionaire the use of the
following listed facilities at North Collier Regional Park, and as diagrammed in
"Exhibit A":
• The Concession area of Sun-N-Fun Lagoon.
• The Concession area of NCRP Soccer fields.
• The Concession area of NCRP Softball fields.
Any improvements made for the benefit of the Concessionaire shall be paid for by
the Concessionaire and approved in advance in writing by the Collier County
Director of Parks and Recreation or his/her authorized representative.
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 location as set forth above:
Food and Beverage Sale. The Concessionaire shall set up the concession for
the sale of food, beverages and related items. The Contract Manager may
authorize the Concessionaire to expand the services, provided such authorization
is in writing.
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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: Amok
NASA Holdings of Miami, Inc.
7005 North Waterway Drive, Suite 307
Miami, Florida 33155
Phone: 786-413-6195
E-mail: juniorscatering @aol.com
Attention: Alirio "Junior" Silva, 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., Naples, Florida 34109
Phone: 239-280-8969
Fax: 239-252-2877
E-mail: StevenWeisberg @colliergov.net
Attention: Steven Weisberg
3. NOT A LEASE. No part, parcel, building, structure, equipment or space is leased to
the Concessionaire; that the corporation is a Concessionaire and not a lessee; that
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. The Concessionaire may not assign this Agreement, or any part hereof,
without prior written approval of the Board of County Commissioners. Any attempt to
assign without such approval shall be void. Concessionaire agrees that without the prior
written consent of the Board of County Commissioners, no shareholder shall sell, assign,
transfer or convey his/her stock (except by operation of law), nor shall the corporation
issue any additional shares of stock, if any such transfer or issuance will effectively
change the ownership of the corporation. However, the shareholders have the right to
convey between themselves and their spouses and children without the County's
consent.
6. MAINTENANCE AND REPAIRS. The Concessionaire shall, to the satisfaction of the
Director of Parks and Recreation or his/her authorized representative 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.
7. TRASH, RUBBISH AND GARBAGE. The County will provide all garbage, trash and
rubbish receptacles within the confines of his area. The Concessionaire shall be
responsible for the pickup and removal of all rubbish, trash and garbage from the
concession area to the common trash receptacles. The Concessionaire agrees to
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perform daily removal of litter in the immediate exterior area within fifty (50) feet of the
concession.
8. UTILITIES.The County shall pay for charges of utilities (excluding electricity) to all the
designated premises including, but not limited to charges for water, sewer and garbage
removal during the term of this Agreement. All electricity charges for the Sun-N-Fun
location will be the responsibility of the Concessionaire, including, but not limited to
connection and usage fees. Fees for electricity in Soccer and Softball Concession areas
in NCRP will be paid by the County. Any other utilities that are for the benefit of the
Concessionaire shall be paid by the Concessionaire (i.e. Telephone, Facsimile, etc).
9. 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.
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. This shall include HRS Screening for
the Concessionaire and its 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 five hundred dollars ($500) per month fee, for the life of the contract,
and; a percentage of the total gross revenue of the Concessionaire's business as follows:
• Year 1: 10%, if gross sales are between $1.00 and $450,000.00, or;
12%, if gross sales are greater than $450,000.00
• Years 2 - 3: 13% of total gross sales
• Years 4 - 5: 15% of total gross sales
• Contract renewals: 15% of total gross sales
Said payments shall be tendered to the County by the fifteenth (15th) of each month for
the preceding month and such payments shall be accompanied by a statement of gross
receipts for the preceding month. It is also understood that the applicable Florida States
Sales Tax on payments to the County shall be added to the payment.
The County is to receive its revenue payment as net, free and clear of all costs and
charges arising from, or related to Concessionaire's obligations under this Agreement,
and that the monthly fee and the percentage of total gross revenues will be paid monthly
for the life of the contract. 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
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from customers and required by law to be remitted to the taxing authority. The
Concessionaire shall provide the Contract Manager a Statement of Gross Receipts.
Such statement shall be certified as true, accurate and complete by the Concessionaire
and by an independent Certified Public Accountant. The Concessionaire agrees to use
point-of-sale machines or other accounting control equipment for the proper control of
cash and payment. All financial records are to be maintained during the entire term of
this Agreement and for a period of three (3) years following the termination of this
Agreement. The Concessionaire shall provide a copy of its State Sales and Use Tax
Report for the same accounting period as required for the Statement of Gross Receipts.
12. DEFAULT IN PAYMENT. A monthly report of gross receipts, the payments computed on
that amount, and any other taxes and fees due must be submitted to the County through
the Director of Parks and Recreation, 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 Fifty Dollars ($50.00) for each such late payment,
in addition to interest at the highest rate allowable by law. 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 cancel this Agreement, and may begin procedures to collect the
Performance Bond. A monthly report of activities shall be submitted to the Director of
Parks and Recreation by the fifteenth (15th) of each month. This report shall accompany
the monthly statement of gross revenues and will be subject to audit. The County has no
duty to notify the Concessionaire of its failure to remit any such payment or report.
13. FORCE MAJEURE. If closure of the facilities or loss of equipment is due to
unforeseeable causes beyond the control of Concessionaire, and not due to its own fault
or neglect, including but not restricted to, acts of nature or of public enemy, acts of
government or of the County, fires, floods, epidemics, quarantine regulations, strikes or
lock-outs, the County will allow pro rata adjustment of monthly payments up to the time
such damage is repaired.
14. CONCESSIONAIRE NOT TO REMOVE PROPERTY. Concessionaire shall not remove
from the NCRP Concession areas 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. Upon expiration of the term specified in Paragraph 1-A, if the
Concessionaire has made full payment under this Agreement, and has fully complied with
the terms of this Agreement, he may remove his 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.
15. RECORDS, AUDIT. 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
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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.
Concessionaire shall use electronic point-of-sale cash control equipment for the proper
control of cash payments. Cash register tapes must be maintained and made available
to the County upon demand during the entire term of Agreement. All electronic cash
control equipment and accounting procedures shall be with the approval of the Collier
County Finance Department.
16. 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. The
County shall provide Concessionaire with advance notice of any special event and shall
coordinate with the Concessionaire regarding same. County shall provide
Concessionaire with notice of the availability of plans for any remodeling of the facilities.
17. INSPECTION. The concession facilities and premises may be inspected at any time by
an authorized representatives of the Director of Parks and Recreation or designee, or by
any other agency having responsibility for inspections of such operations. Concessionaire
shall undertake immediately the correction of any deficiency cited by such inspectors.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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
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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.
A 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.
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).
The County is expecting that the County's current employees (working in the County's
Concessionaire operations) will be provided an opportunity for employment with the
Concessionaire if the County elects to enter into an agreement.
23. 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
Collier County Division of Parks and Recreation. The Concessionaire may open
additional days, subject to prior written approval of the Director of Parks and Recreation
Department. All hours of operation shall be conspicuously posted and easily read by park
visitors.
24. 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 their designee.
25. 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, nor for any purpose in violation of any federal, state, or County law,
ordinance, rule, order or regulation, or of any applicable 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, as noted on the Concession Inspection Report, 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. The Concessionaire shall not commence operation during
such suspension until the violation has been corrected to the reasonable satisfaction of
the County.
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26. 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.
27. 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.
28. DEFAULT AND TERMINATION. If the Concessionaire fails to comply with any of the
terms and conditions hereof and such default is not cured within fifteen (15) days after
written notice is given to the Concessionaire, the County may cancel 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, as noted on the Concession Inspection Report, 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 or
Contract Manager.
29. NO DISCRIMINATION. There shall be no discrimination as to race, gender, color, creed
or national origin in the operations referred to by this Concession Agreement; and further,
there shall be no discrimination regarding any use, service, maintenance, or operation of
the premises. All facilities located on the premises shall be made available to the public,
subject to the right of the Concessionaire to establish and enforce rules and regulations to
provide for the safety, orderly operation and security of the facilities.
30. TERMINATION. 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 sixty (60) day
written notice of such intent. During the notification period, both parties agree to meet its
respective contractual obligations in good faith.
31. 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 their designee.
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32. FLORIDA LAW. This Agreement shall be governed by and construed in accordance with
the Law of the State of Florida.
33. 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 on the beach must have prior written approval of the
Collier County Environmental Services Department and the Parks and Recreation
Director or their designee and any other appropriate agency.
34. STORAGE. Concessionaire shall 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 beach unless approved in writing by the Parks and Recreation Director or
their designee, and is contingent upon approval of the appropriate permitting agency.
35. 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 Parks and Recreation Director or their 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.
36. 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.
37. 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. 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.
38. 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.
38.1 The duty to defend under this Article 38 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
38 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.
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39. 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.
40. 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 their designee unless the context renders such
construction illogical.
41. 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); RFP No. 13-6173, Exhibit "A", and proposer's
proposal. 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.
42. 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, 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
9
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1/14/2014 11 .D.
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 oft
any contract held by the individual and/or firm for cause.
43. 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))). 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.
44. 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.
45. 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.
46. 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.
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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:
, Chairman
Dated:
(Seal)
NASA Holdings of Miami Inc., dba
Concession Service Systems
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
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