Agenda 09/10/2013 Item #16D 3 9/10/2013 16.D.3.
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution adding Tigertail Beach to the list of park facilities
authorized to sell beer and wine, and authorize the Chair to sign an Amendment to Contract 09-
5247 with Recreational Facilities of America to allow the sale of alcoholic beverages at Tigertail
Beach.
OBJECTIVE: To include Tigertail Beach Park as an approved location for the sale and consumption of
alcoholic beverages in Collier County Parks and to amend Contract 09-5247 to allow the sale of alcoholic
beverages at the Tigertail Beach location.
CONSIDERATIONS: Resolution No. 2011-47, adopted by the Board of County Commissioners on
March 8, 2011, provides that alcohol may be sold at six County park facilities subject to strict written
guidelines. At Tigertail Beach, Recreational Facilities of America (RFA), Inc. operates a full-service
restaurant in addition to managing the beach rentals under Contract No. 09-5247. RFA, Inc. submitted a
request to sell beer and wine at Tigertail Beach to the Parks and Recreation Advisory Board(PARAB)on
January 16, 2013. PARAB approved this request with a 4-1 vote with the recommendation that beer and
wine will only be consumed in the restaurant during normal hours of operation. The Contract requires an
amendment to include language allowing the vendor to serve alcoholic beverages and incorporating the
requirement for liquor liability insurance coverage.
Staff recommends incorporating Tigertail Beach to the current list of approved park facilities.
Approved Park Facilities
1. Sugden Regional Park
2. North Collier Regional Park Exhibit Hall
3. Airport Park
4. Golden Gate Community Center
5. Port of the Islands Marina
6. Goodland Boating Park
The sale and consumption of beer and wine would increase revenue and provide an additional menu
option to park visitors. Strict guidelines are in place for theses sales.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires
majority vote for approval.—CMG
FISCAL IMPACT: The County derives income based as a percentage of revenue for this location.
Allowing the sale of wine and beer would presumably increase this revenue.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners adopts the proposed Resolution
adding Tigertail Beach to the list of park facilities authorized to sell beer and wine, and authorize the
Chair to sign an Amendment to Contract No. 09-5247 with Recreational Facilities of America
incorporating language allowing the vendor to serve alcoholic beverages and requiring liquor liability
insurance.
Prepared by: Natali Betancur, Operations Analyst,Parks and Recreation
Attachments: 1)Resolution, 2)AA0010 Alcohol Policy,3)Exhibit A-1 Contract Amendment
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.3.
Item Summary: Recommendation to adopt a Resolution adding Tigertail Beach to the list
of park facilities authorized to sell beer and wine, and authorize the Chair to sign an
Amendment to Contract 09-5247 with Recreational Facilities of America to allow the sale of
alcoholic beverages at Tigertail Beach.
Meeting Date: 9/10/2013
Prepared By
Name: BetancurNatali
Title: Operations Analys,Parks&Rec-NCRP Admin
7/29/2013 11:40:49 AM
Submitted by
Title: Director-Parks&Recreation,Parks&Recreation
Name: WilliamsBarry
7/29/2013 11:40:50 AM
Approved By
Name: MarkiewiczJoanne
Title: Manager-Purchasing Acquisition,Purchasing&Gene
Date: 7/29/2013 2:37:33 PM
Name: MarkiewiczJoanne
Title: Manager-Purchasing Acquisition,Purchasing&Gene
Date: 7/29/2013 2:41:00 PM
Name: WardKelsey
Title: Manager-Contracts Administration,Purchasing&Ge
Date: 7/30/2013 10:30:48 AM
Name: AlonsoHailey
Title: Operations Analyst,Public Service Division
Date: 7/31/2013 1:34:44 PM
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Name: WilliamsBarry
Title: Director-Parks&Recreation,Parks&Recreation
Date: 8/6/2013 4:46:36 PM
Name: CarnellSteve
Title: Purchasing/General Services Director
Date: 8/12/2013 1:29:46 PM
Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 8/22/2013 9:49:18 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 8/23/2013 3:25:29 PM
Name: FinnEd
Title: Senior Budget Analyst,OMB
Date: 8/23/2013 5:25:51 PM
Name: OchsLeo
Title: County Manager
Date: 8/25/2013 11:00:39 AM
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COLLIER COUNTY PARKS& RECREATION EFFECTIVE DATE: March 2011
POLICIES AND PROCEDURES MANUAL REVISED: January 2013
SUBJECT: Alcohol Beverage Sale and Consumption in PAGE 1 of 7
County Parks and Facilities
CATEGORY: Administration NUMBER: AA0010
POLICY:
To establish the rules and regulations regarding the sale and/or consumption of alcoholic beverages in
designated Collier County Parks and Recreation parks and facilities pursuant to the authority granted in
Ordinance 07-66, as amended and Resolution No. 2011-47
DEFINITION:
A. Alcoholic Beverage: shall mean any beer,wine, and champagne meeting the definition of alcoholic beverage set
out in Section 561.01(4), Florida Statutes,and as hereafter from time to time duly amended.
B. Alcohol Sales: shall mean an event, public or private, where alcohol, (beer, wine, champagne), will be
served/sold and admission to the event and service to those of legal age is dependent upon any of the following
conditions:
a. Sale, admission,a ticket,a donation,or meal charge.
C. Marina: shall mean any Collier County Parks and Recreation owned and operated marina.
D. Public Special Event: an event is considered public if any of the following apply:
a. There is NOT a finite and/or limited guest list.
b. A person of the public may purchase or acquire a ticket for entrance or participation.
c. A person of the public may attend the event.
d. Advertised by website, print or radio media to the public.
E. Private Special Event: an event is considered private where a limited and/or finite number of guests is expected.
Examples include weddings, birthday parties,or private reception,which are NOT open to the general public.
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, COLLIER COUNTY PARKS & RECREATION EFFECTIVE DATE: March 2011
POLICIES AND PROCEDURES MANUAL REVISED: January 2013
Aneet
SUBJECT: Alcohol Beverage Sale and Consumption in PAGE 2 of 7
County Parks and Facilities
CATEGORY: Administration NUMBER: M0010
SECTION 1: ELIGIBLE COUNTY PARK FACILITIES WHERE ALCOHOL SALE AND/OR CONSUMPTION IS PERMITTABLE
A. Sugden Regional Park
B. North Collier Regional Park/Exhibit Hall
C. Airport Park
D. Collier County Parks and Recreation owned and operated marinas at Port of the Islands and Goodland Boat Park.
E. Golden Gate Community Center
SECTION 2: ALCOHOLIC BEVERAGE SALE AND CONSUMPTION PERMIT APPLICABILITY
Applicable to all events, public or private, in parks where alcohol is authorized by permit, and where there is a confirmed
(paid) reservation or contract for rental, which includes written permission (approval) and permit to serve, sell, and/or
consume alcohol.
SECTION 3: ALCOHOLIC BEVERAGE SALE AND CONSUMPTION SERVICE EXPECTATIONS, STANDARDS, AND PARK USER
RESPONSIBILITY(PRIVATE EVENTS)
A. The applicant should review the administratively restricted park listing (Section 1) to determine if the park or
park area prohibits the sale and/or consumption of alcohol.
B. Applicant signing the permit must be present during the entire event.
C. The applicant assumes all risk, and is responsible for acquiring all necessary Federal, State, and Local permits,
and for securing and providing (if required) the necessary Liquor Liability Insurance; $1 million each occurrence
and $2 million aggregate. If in question,the applicant should contact the local beverage control commission and
fully review the proposed event with the proper authorities. Collier County Board of County Commissioners to
be named as additionally insured. Insurance documents must be submitted and approved by the Collier County
Parks and Recreation Director.
D. All park property where alcohol is served, sold, or consumed as part of any event must be both monitored and
actively managed in a manner to prevent alcohol from being provided, sold, served, or obtainable to minors,
guests who are at risk of over consumption,AND to those not invited or included to/in an event.
E. Alcohol will remain directly within the rented or clearly marked site. It may not be carried to other areas of the
park or outside "rented" areas. Alcohol served at facilities may not be carried outside the premises, building, or
fenced area, and it is the responsibility of the organizer to ensure all guests strictly adhere to this policy.
F. GLASS AND STYROFOAM ARE PROHIBITED AT ALL TIMES.
G. All alcohol must be served in aluminum, plastic, or paper containers (recyclable or compostable preferred).
Wine or champagne packaged in glass must be served by applicant (permit holder) provided server(s) from the
bottle into necessary plastic or paper containers at the point of sale or distribution by a representative of the
applicant(permit holder).
H. If at any time the applicant is found to be in violation of any alcohol related Laws/Ordinances, all sales and
consumption of alcohol will be stopped immediately up to and including eviction from the site. If alcohol service
is stopped by a Parks and recreation representative or other authorized person, the service of alcoholic
beverages will be closed for the remainder of the event time.
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COLLIER COUNTY PARKS & RECREATION EFFECTIVE DATE: March 2011
POLICIES AND PROCEDURES MANUAL REVISED: January 2013
SUBJECT: Alcohol Beverage Sale and Consumption in PAGE 3 of 7
County Parks and Facilities
CATEGORY: Administration NUMBER: AA0010
I. Liquor Liability Insurance and/or Host Liquor Liability Insurance and a Florida Division of Alcoholic Beverage and
Tobacco Permit are required if alcohol will be served,sold, consumed and admission to the event to those of
legal age is dependent upon: sale, admission, a ticket,a donation, membership fee, meal charge, or"tip."
Applicant is encouraged to consult with the Florida Division of Alcoholic Beverage and Tobacco if they have any
questions.
SPECIAL SECTION 4: ADDITIONAL SERVICE EXPECTATIONS, STANDARDS, AND PARK USER RESPONSIBILITY FOR PUBLIC
EVENTS
A. If not an indoor facility or fenced area, event site perimeter fencing must be erected or an enclosed "Beer
Garden" must be installed within the area (see Attachment A).
B. Applicant must minimally contract with licensed Collier County Sheriff's Department Officers as a portion of
their event security plan. Without discussion of event hours, nature and type, applicant may minimally draft a
plan that includes two (2) licensed Collier County Sheriff's Department Officers per 1,000 attendees when
alcohol is served, sold or present at public events. This is in addition to any hired security staffing the applicant
requires for special event needs such as cash transport, admission work, entertainment,etc.
C. Applicant is responsible for site clean-up following the event.
D. Applicant must contract with Collier County EMS to provide medical services and have an Ambulance on stand-
by for the duration of the event.
E. Applicant must use Florida Division of Alcoholic Beverages and Tobacco certified servers hired by the applicant
or through a sub-contract of a licensed caterer.
F. In all instances,the applicant should contact the Collier County Health and Human Service Department to ensure
service is in accordance with Health and Human Services Guidelines,and that necessary permits are obtained.
SPECIAL SECTION 5: LIABILITY INSURANCE REQUIREMENTS AND INDEMNIFICATION FOR ALL EVENTS (PUBLIC AND/OR
PRIVATE)
A. Applicant shall carry public liability and property damage insurance with an insurer satisfactory to the County in
an amount not less than one million dollars ($1,000,000.00). This insurance shall name the County of Collier
Board of County Commissioners as an additional insured for the period of the activity stated on the Alcohol Use
Permit. This insurance endorsement shall also state that coverage will respond to all claims related to the
Alcohol Use Permit activity and shall not exclude participants.
B. Carry non-owned auto insurance coverage with an insurer satisfactory to the County in an amount not less than
one million dollars ($1,000,000.00). This form of insurance shall name the County as an additional insured for
the period of the activity stated on the Alcohol Use Permit.
C. The permit holder agrees to indemnify and hold harmless Collier County, the Parks and Recreation Department
and any employee of Collier County against any and all claims by or on behalf of any person or legal entity
arising from the Applicant's use of premises and/or participation in this program, and will further indemnify and
hold harmless the County, its Departments, and Employees against performance of any agreements arising from
any act of negligence of the Applicant, or any of the Applicant's agents, contractors, employees, or licensees,
and from and against all costs, attorney's fees, expenses, and liabilities incurred in or about any claim or
proceeding brought thereon, all to the extent of the County's liability under general law. The County Parks and
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COLLIER COUNTY PARKS & RECREATION EFFECTIVE DATE: March 2011
r. POLICIES AND PROCEDURES MANUAL REVISED: January 2013
SUBJECT: Alcohol Beverage Sale and Consumption in PAGE 4 of 7
County Parks and Facilities
CATEGORY: Administration NUMBER: AA0010
Recreation Department reserves the right to deny permit, and to charge fees where applicable. The Applicant
must adhere to all County Ordinances,and Parks and Recreation Rules and Regulations.
SPECIAL SECTION 6: ALCOHOLIC BEVERAGE SALES AT COLLIER COUNTY PARKS AND RECREATION OWNED AND
OPERATED MARINAS
A. The Collier County Board of County Commissioners shall permit the sale of alcoholic beverages in Collier County
owned and operated marina facilities.
B. The Collier County Manager shall be named the Partner, Officer,Stockholder on all State of Florida Division of
Alcoholic Beverages and Tobacco Permit and the Collier County Manager or designee will complete the
necessary requirements for issuance of said permit.
C. Collier County Parks and Recreation marina staff will be 21 years or older to sell alcoholic beverages.
D. Collier County Parks and Recreation marina staff will be required to see proof of identification on all alcoholic
beverage purchases.
E. There will be no alcoholic consumption on marina premises without a Collier County Alcoholic Beverage Sale and
Consumption Permit(AA0019).
PROCEDURE: SPECIAL EVENTS
1. Applicant must complete the Collier County Parks and Recreation Department"Alcohol Use Permit,"
(Attachment B). Permit is available at Collier County Parks and Recreation Department, Administrative
Offices, Exhibit Hall, 15000 Livingston Road, Naples, Florida.
a. Permit holder must be 21 years of age or older and must be in attendance at the event at all times.
2. All completed documentation must be returned to the Parks and Recreation Administrative Offices, Exhibit
Hall 60 days prior to the event.
3. Completed application will be reviewed and a recommendation made to the Director by the Parks and
Recreation Advisory Board (PARAB).
4. Ten business days are required to communicate whether an applicant's permit is granted or denied and, if
denied,the reason for such denial. Applicant may appeal the refusal of a permit by written notice to the
Collier County Parks and Advisory Board.
Amok
PROCEDURE: COUNTY OWNED AND MANAGED MARINA OPERATIONS
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COLLIER COUNTY PARKS & RECREATION EFFECTIVE DATE: March 2011
POLICIES AND PROCEDURES MANUAL REVISED: January 2013
SUBJECT: Alcohol Beverage Sale and Consumption in PAGE 5 of 7
County Parks and Facilities
CATEGORY: Administration NUMBER: AA0010
1. Collier County Parks and Recreation will complete the Florida Division of Alcoholic Beverages and Tobacco
Permit application for the County owned and operated marinas.
2. Permit will be delivered to the County Manager,who will be named the Partner, Officer,Stockholder on the
permit and who will fulfill the additional requirements for said Partner, Officer,Stockholder required by the
permit.
3. Completed permit,with temporary licensing fee paid for by Collier County Parks and Recreation,will be sent to:
State of Florida, Department of Business and Professional Regulation, 1940 North Monroe Street,Tallahassee,
Florida 32399-0783.
4. Upon receipt of temporary permit and it's posting in the marina; alcohol sales will be permitted.
5. Collier County Parks and Recreation will be notified approximately 30 days after issuance of temporary permit if
a permanent permit will be issued.
6. If permanent permit is issued, Collier County Parks and Recreation will pay the annual permanent licensing fee
and post permanent permit in marina.
Attachment A
Beer and Wine Garden Technical Requirements
1. If a "Beer Garden" is erected, it shall be chain-link type fencing of preformed 6-feet-high freestanding panels
(support poles may not be inserted into park grounds) which once completed shall be enclosed except for
entrances and exits. Vertical support posts may be no further than 10' apart. As a best practice due to
varying environmental conditions, some fences may require sand bagging.
2. The exact location and number of entrances/exits will depend upon the size of the enclosed area,and shall
be approved by the appropriate Collier County Fire District Inspectors and Parks and Recreation staff. Please
include a diagram of the"beer garden" in your site plan. The applicant is responsible for maintaining a
count of persons entering the garden as determined by the Fire Department.
3. All beer gardens which are requesting to have 50 or more people are required to have a minimum of two
entries/exits. Additional gates may be requested after site plan review/inspection by the appropriate Collier
County Fire District Inspector.
4. The serving areas must be positioned so as not to interfere or impede pedestrian traffic entering or exiting
the enclosure in order to maintain public safety.
5. At a minimum,there will be at least one uniformed security officer stationed at each entrance and exit.
Attachment B
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COLLIER COUNTY PARKS & RECREATION EFFECTIVE DATE: March 2011
POLICIES AND PROCEDURES MANUAL REVISED: January 2013
SUBJECT: Alcohol Beverage Sale and Consumption in PAGE 6 of 7
County Parks and Facilities
CATEGORY: Administration NUMBER: AA0010
Application for a Permit to Sell and/or Consume Alcoholic Beverages
within Collier County Facilities and Parks
Application Name:
Apiplicant's
Address.,.
Email Address:
Cell phone
Day Phone:
Night Phone
Mailing Address:
ti
Organization/Group
lame
Applicant's
Affiliation with
Group
awiic
Nam acihties
Request�ecf
Event Name:
(Description of
Event =
y ..
Event Dates(s):
Anticipated
to ber of rsons
Att nding Event'
Hours of the Sale
and Consumption
of Alcoholic
Beverages(No sale
or consumption of
alcoholic beverages
will be permitted
1 '/: hours prior to
the conclusion of
the event and
vacating the
facility).
Tines.acluding
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COLLIER COUNTY PARKS & RECREATION EFFECTIVE DATE: March 2011
- ' POLICIES AND PROCEDURES MANUAL REVISED: January 2013
SUBJECT: Alcohol Beverage Sale and Consumption in PAGE 7 of 7
County Parks and Facilities
CATEGORY: Administration NUMBER: AA0010
re aration and -`
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EXHIBIT A-IContract Amendment#1 to Contract 09-5247
„ow*
"Tigertail Beach Water and Beach Concession Agreement"
This amendment,dated fri I ,20l to the referenced agreement shall be by and between the
parties to the original Agreement, Recreational Facilities of American, Inc., (to be referred to as
• "Concessionaire")and Collier County,Florida,(to be referred to as"County").
Statement of Understanding
• RE: Contract 14 09-5247"Tigertail Beach Water and Beach Concession Agreement"
In order to continue the services provided for in the original Contract document referenced above, the
Concessionaire agrees to amend the Contract as follows:
Note: Language deleted has been stfueli-Thr-ough.. New language has been underlined.
Section I Scope, subsection C. Uses, hem 2:
Current Language:
bever-a , : - " - ead-another -, • 4. ; „ -
Updated Language,
Agisaik
2. Food and Beverage Sale, The Concessionaire shall set up the concession for the sale of food
and beverages. The Concessionaire will have the ability to serve alcoholic beverages with the
appropriate licenses and permits with written approval be the Board of County Commmtsioners
and only at the food concession building
The Purchasine Director mas authorize the Concessionaire to expand the services,provided such
authorization is in writing.
Concessionaire shall provide to the Counts- Purchasing Director a proper liquor license and
insurance requirements before any alcohol sales commence.
Section 39 Insurance, Addition of item C:
C. Liquor Liability. Coverane shall include Liquor Liability insurance with limits of not less than
51,000,000 each occurrence, $2,000,000 in the aggregate. If written on a claims made form,
COncessionaire shall continue coverage for a period of not less than three Years after the
ter-ruination of the agreement or shall purchase an Extended Reporting Period endorsement.
Collier Count shall be named as Additional Insured on the polies.
All other terms and conditions of the agreement shall remain in force.
IN WITNESS WHEREOF,the Concessionaire and the County have each,respectively, by an
authorized person or agent,hereunder set their hands and seals on the date(s) indicated below.
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Accepted: 07 61 eittS .20
OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY,FLORIDA
By:
Georgia A.Hiller. Esq.,Chairwoman
/7-M1
Concessionaire First Witness CONCESSI NAIE
Recre • nal Facii° ies of Amer can, inc.
By:
c. P A
Print Name
.H41 4$17740 NY'SMt it4.0 I h rwr
Prin. ante and Title
Coricessionai Second Witness
f (1„,i1L741k,"'
Print Name
fr!1,pproved as to Form and Legality:
— 'Assistant County Attorney
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Contract#09-5247
TIGERTAIL BEACH WATER AND BEACH CONCESSION AGREEMENT
THIS AGREEMENT made effective this I day of ,...11h , 2010 ,
between Collier County, a political subdivision of the State of Florida (herein er called the
"County") and Recreational Facilities of America, Inc., a Florida Corporation with offices at
2012 Sheffield Avenue, Marco Island, Florida 34145 (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
concession at Tigertail Beach, 490 Hernando Drive, Marco Island, Florida, 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 an 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 facilities and space:
All that part of Section 07, Township 52 South, Range 26, Collier County, Florida
known as Tigertail Beach; Marco Bch Unit 14, TR A, PAR 1.
The Concessionaire shall have use of the beachfront, in accordance with the
limitations of paragraph 1 [c] below. There is a Chickee hut available on site for
the operation of the concession.
Any improvements made for the benefit of the Concessionaire shall be paid for by
the Concessionaire.
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 below:
1. Sale and/or Rental of Related Beach Items and Sundries. Shall include but
not be limited to: umbrellas, beach chairs, etc. and the sale of incidental beach
recreational items such as sun tan lotions, sunglasses and any other lawful
activity approved in writing by the Director of the Parks and Recreation
Department or their designee.
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Concessionaire shall provide a list of the items to be rented at the concession
to the Parks and Recreation Director or their designee, which shall Ibe updated
monthly with any changes. The Concessionaire shall additionally provide a
price list in writing for approval by the Parks and Recreation Director or his/her
designee.
If pedal boats and similar equipment are rented, a chase boat must be present
and in operational use at all times.
2. Food and Beverage Sale. The Concessionaire shall set up the concession
for the sale of food and beverages. The sale of food and beverages and any
other related lawful activity shall be approved in writing by the Contract
Manager. The Contract Officer 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:
Recreational Facilities of America, Inc.
P.O. Box 2111
Marco Island, Florida 34146-2111
Phone: 239-285-8414; Fax: 239-389-2330
E-mail: asmith2330 @comcast.net
Attention: Anthony Smith, 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
Fax: 239-252-6536
E-mail: MurdoSmith @colliergov.net
Attention: Region #1 Manager
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.
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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 trash receptacles. The Concessionaire agrees to 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 to the designated premises
including, but not limited to, charges for water, sewer, and electricity during the term of
this Agreement. Any utilities that are for the benefit of the Concessionaire shall be paid
by the Concessionaire (i.e. Telephone).
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 percentage of the total gross revenue (adjusted for items returned) of
the Concessionaire's business, including the sale of sundry concession operation as
follows: Five Hundred Dollars ($500) per month minimum or twelve percent (12%) of
gross total concession sales (all sales less sales tax), whichever is greater. Said
payments shall be tendered to the County by the fifteenth (15th) of each month for the Amok
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.
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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 guarantee or the percentage of total gross revenues be paid monthly. The
term "gross revenue" or "gross receipts" 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 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 Tigertail Beach Concession 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 including
equipment from Tigertail Beach and shall do so within fifteen (15) days following the
expiration of this Agreement, provided such personal property and equipment must be
removed without damage to the premises. On Concessionaire's failure to do so, the
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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
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
a 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
Amok
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.
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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
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.
23. HOURS OF OPERATION. The concession shall be open and properly staffed seven (7)
days per week. The hours of operation shall be from at least 9:00 a.m. through 5:00
p.m., including holidays. The Concessionaire may open at an earlier time and close at a
later time 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. Tigertail Beach is for the use of the public for
recreational and other public purposes and the publics 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.
26. PRICES. The Concessionaire agrees that prices and fees charged for concession
merchandise and services will be competitive with those charged for similar merchandise
and service in the general vicinity of the park. All prices must be displayed and visible by
the Concessionaire's customers. All such prices and fees must be approved in writing by
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the Director of Parks and Recreation or designee. The Concessionaire shall rent or 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 TIGERTAIL BEACH CONCESSION. Nothing in this
Agreement will preclude the County from using the public areas of Tigertail Beach 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.
32. FLORIDA LAW. This Agreement shall be governed by and construed in accordance with
the Law of the State of Florida.
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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 and the City of
Marco Island 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 on the
beach 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 use of straws
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.
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.
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.
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B. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with all their applicable state and federal laws.
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. 09-5247, 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
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.
43. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the
Contractor is formally acknowledging without exception or stipulation that it is 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. Failure by the Contractor to comply with the laws referenced herein
shall constitute a breach of this agreement and the County shall have the discretion to
unilaterally terminate this agreement immediately.
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.
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•
9/10/2013 16.D.3.
45. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County
encourages and agrees to the successful Contractor extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful Contractor.
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 Contractor.
•
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9/10/2013 16.D.3.
IN WITNESS WHEREOF, the Concessionaire and the County, have each, respectively, by
an authorized person or agent, hereunder set their hands and seals on the date and year first
above written.
Dated: �atir ��-.Ze.tC BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST: .
DW HT; ,. .vy PLERK OF COURTS
• 4 4
cde-Itt4,
By:
iit,"` Donna Fiala " CHAIRMAN
is Lo f s
A94 .gu,-0„0-''
RECREATION FACT► TIES OF AMERICA INC.
•ncessio ire
1a f.1 I) "� By -
First Witness `ignature of President
Amc
MAr-Jinc Snnif k
Typed/print witness name n
44p,rr-)dN t/ •I • 8Mk- -i
''II Printed name of President
Secon, Witness
irGd M MvirAI Dry
Typed/print witness name
Appro s to form and
le I su icie,y:
Co ty Attorney
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Packet Page-1090-
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OP ID DATEIMMIDD/TYYY)
ACORD. CERTIFICATE OF LIABILITY INSURANCE RF�,Irrcl 10/13/09
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
� Inc. - HOLDER.THIS CERTIFICATE DOES NOT AMEND;EXTEND OR
7,oga 2asTxranae
Ave ne ALTER TFIE COVERAGE AFFORDED BY THE BELOW.
3801 North ants
Pensacola. FL 32503
Phone: 850-438-1449 Fax:850-438-0065 I INSURERS AFFORDING COVERAGE NAIC•
INSURED E INBURERA Essex Insurance Company
'INSURER 8 I
Recreational Facilities of Am. �wsuaERC
InC, dba Ti rtai3 Bch Rentals ;.
P O Box.2113. I INSURER D• �.
Marco Isi. FL 34146 1 INSURER E:
COVERAGES .. . .
j THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
• ANT REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WIN RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN THE INSURANCE'AFFORDED BY THE POLICIES DESCRIBED HEREIN"IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LRABTS.SHOWN NAY HAVE BEEN REDUCED BY PAID'CLAIMS:
SOM i, .a
��,r•
ITR INSRO TYPE OF INSURANCE POLICY NUMBER DATE IMMIOD/YY).. . DA (MAID• LIMITS
I GENERAL UABISTY EACH OCCURRENCE 41000000
A X' COMMERCAL GENERAL LIABILITY 3C2510 10/01/09 10/01/10 aiwSO >rwD nce 5 5009.0
. MED ExP ploy one peocml $1000
CLAWS 7C occuR 9 i PERBONALaADVINJURY s 100000D
'GENERALAC;ORI;GATE 31000000'
PRODUCTS•C01AP/OPADG'SINCLUDED'.,,".
GEN1 AGGREGATE:LIMIT APPLIES PER
POLICY YY1 ms "I )L •
1 AUTOMOBILE LIABILITY COMBINED SINGLE LSAT 3
tat eat?.
ANY AUTO
M .OWNED AUTOS BODILY INJURY !is
SCHEDULED AUTOS _
HIRED AUTOS . BODILY INJURY $: -
NON-OWNED AUTOS I I I t)
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II PROPERTY DAMAGE
I 1 INK*cad°N
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S
ANY AUTO OTE.ER THAN
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OCCUR: �"CLAIMS MADE I AGGREGATE $
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I RETENTION..... 5
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WORKERS COMPENSATION AND I" , ,TORY 1NRS I I ER
EMPLOYERS'LIABILti Y RC
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ANY PROPRIETOR/PARTNER/EXECUTIVE 'do
OFFFFIICERIMEMBER EXCI.UDEO7 EL DISEASE•EA EMPLOYEE i undet
SPECIAL�PROVISIONS below EL DISEASE-POLICY UNIT I
OTHER
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DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES t EXCLUSIONS ADDED BY ENDORSEMENT!SPECIAL PROVISIONS
Beach Chairs, Umbrellas, Boat Rentals, Concession: Stand, 1 ATV •
coverage increased to 1 mil eff. 10-12-09
CERTIFICATE HOLDER CANCELLATION'
COLLIER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF.THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN
Collier County Board of County NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
Commissioners IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR
3301 E. Tamiaati Trail REfRESENTATIVES.
Naples FL 34112 ��/�� ///
AUTHORIZED REPRESENTATIVE ;;iQG��%'�%/LC' /� !�
- . ?l E Suskind 1
ACORD 25(2001/08) Packet Page-1091- @A *RD CORFORAT .N 1988
9/10/2013 16.D.3.
From: 01/22/2010 10:02 #631 P.001/002
Form- Certificate Of Insurance Page 1 of 2
CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DINYT)
) 1/27/2010 ,
PRODUCER
(813 637-8877 FAX (8]3)637-8484
Insurance Office of America,inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS
Insu W.Cypress Stmt UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMMENO,EXTEND OR ALTER
THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 100
Tampa,FL 33607 INSURERS AFFORDING COVERAGE
INSURED Pyramid Employer Services III,Inc.
INSURER k Guarantee Irorrgnoe CanPsny 11356
9843 18th St N.,Suite 150 INSURER B:
St.Petersburg,FL.33716-4209
INSURER C:
Alternate Employer Recreational Facilities INSURER Cc
of America INSURER E
COVERAGES
THE POt rmg OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR
CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED
HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
• INSR TYPE OF INSURANCE f POLICY EFFECTIVE POLICY EXPYtAT10N
QTR POLICY NUMBER r
NERAL LIABILITY 1 DATE(MMIOD/Y11 DATE(MMIDO/yY) LIMA
COMM GENERAL LABILITY 'EACH OCCURRENCE
CLAIMS MADE FIRE DAMAGE(Any one fire) 5
❑OCCUR MED EXP(Any one Person)
PERSONAL LADY INJURY
GENT.AGO LIMIT APPLIES PER: GENERAL AGGREGATE .
'POL [1PROJ FLOC PRODUCTS COMP/OP AGG
'AUTOMOBILE LIABILITY
ANY AUTO ! 1 t COMBINED SINGLE LIMIT(Es
ALL OWNED AUTOS
SCHEDULED AUTOS BODILY INJURY(Per parson)
HIRED AUTOS
NON-OWNED AUTOS WNEQ AUTOS BODILY INJURY(Per occident)
PROPERTY DAMAGE(Per
exid.Ml r 'tea•
GARAGE LIABILITY
J 'AUTO ONLY•EA ACCIDENT
ZANY AUTO
...I
OTHER THAN EA ACC $
AUTO ONLY: AGO S
EXCESS UABILITY 1 1 jEACH OCCURRENCE
OCCUR CLAIMS MADE AGGREGATE
(DEDUCTIBLE
RETENTION IS
WORKERS COMPENSATION AND GPEO12000000 1-1 10 r 01/01/20I0 Y
l 01/01/2011 WDStatu-tort' 0TH-
EMPLOYERS'LIABILITY ! �
A 1 ^ATMs ER
EACH ACCIDENT S 1,0005 1,000.004
E.L.DISEASE-EA EMPLOYEE S 1,000.11 r
OTHER IE L OtSEASE•POUCY LIMIT S 1.000,001
D TION OF OPERATIONS/LOCATIONSNEHICLES/EXLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Coverage is provided for only those employees leased but not subcontractors of Pyramid Employer
Services Ill,Inc.and Recreational Facilite of America for any job,operation,or project performed
during the above policy period.
Addendum to cancellation:10 days notice applies for non-payment of premium.
!CERTIFICATE HOLDER I (ADDITIONAL INSURED:INSURER LETTER IICANCELLATION I
Collier County BCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL EBDAYS WRITTEN NOTICE TO
THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL
IMPOSE NO OBUGATION OR UABILrTY OF ANY KIND UPON THE COMPANY.ITS AGENTS OR
Diana DeLeon REPRESENTATIVES.
3301 East Tamiami Trail
Authorized Representative
Bid G
Naples,F)34112 Herman Peery
i ttp://ioaca.ioausa.com/ClientAccess/active/certliabfo--- --- 1/22/2010
Packet Page 4092-
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From: 01/22/2010 10:02 #631 P.002/002
Form-Certificate Of Insurance Page 2 of 2
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED,the poricy(ies)must be endorsed,A statement on this certificate does not confer rights to the certificate holder in lieu of
such endorsement(s).
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certifiate does not confer
rights to the certificate holder in lieu of such endorsements(s).
•
DISCLAIMER
The Certificate of insurance on the reverse side of this form does not constitute a contract between the issuing Insurer(s),authorized representative or producer,and the
certificate holder,nor does It affirmatively or negatively amend,extend or alter the coverage afforded by the policies fisted thereon.
•
http://ioaca.ioausa.com/ClientAccess/active/cettliabfo ACri 1/22/2010.
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RESOLUTION NO. 13-
A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
AMENDING RESOLUTION NO. 11-47 BY ADDING TIGERTAIL BEACH AS AN APPROVED
LOCATION FOR THE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER AND
WINE) IN COLLIER COUNTY PARKS.
WHEREAS, the Board of County Commissioners approves the Parks and Recreation
Department recommendation to add Tigertail Beach to the list of parks' facilities that are authorized to
sell alcohol (beer and wine);
WHEREAS, pursuant to Ordinance No. 07-66, as amended, the Parks and Recreation
Department has created Policies and Procedures regarding the sale, consumption, or possession of
alcoholic beverages in seven Collier County Parks and Facilities including: Sugden Regional Park,
North Collier Regional Park Exhibit Hall, Airport Park, Golden Gate Community Center, Port of the
Islands Marina, Goodland Boating Park, and Tigertail Beach Park.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that
1. The Parks and Recreation Department Policies and Procedures regarding the sale,
consumption, or possession of alcoholic beverages in the County Parks and Facilities is hereby approved
for the following seven locations: Sugden Regional Park, North Collier Regional Park Exhibit Hall,
Airport Park, Golden Gate Community Center, Port of the Islands Marina, Goodland Boating Park, and
Tigertail Beach Park.
2. The Director of Parks and Recreation has the authority to issue a permit in writing in strict
compliance with the Policies.
3. Alcohol sales, consumption and possession, must be held in strict compliance with the attached
Parks and Recreation Department Policies and Procedures.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida. this day of , 2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS,
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk GEORGIA A. HILLER, ESQ.
CHAIRWOMAN
proved as to form and
% al ty:
„..: lleen M. Greene
Assistant County Attorney
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