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Backup Documents 11/08/2011 Item #10H30H 640 MEMORANDUM Date: January 20, 2012 To: Diana De Leon, Contract Technician Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #11 -5666: Barefoot Beach Concessionaire w/Day -Star Unlimited, Inc. d /b /a Cabana Dan's Attached is an original copy of the contract referenced above, (Item #10H) approved by the Board of County Commissioners on November 8, 2011. The second original document will be held on file in the Minutes and Record's Department for the Board's Official Record. If you have any questions, please contact me at 252 -8406. Thank you. Attachment 10H Purchasing Department 3327 Tamiami Trail East Naples, Florida 34112 Adrninistiative Seed Telephone: (239) 252 -8375 Purch"rig FAX: (239) 252 -6597 Email: dianadeleon acollierQOV.net www.colliergov.neVpurchasing Memorandum Subject: Contract #11 -5666 "Barefoot Beach Concessionaire Agreement" and Amend #1 Date: January 11, 2012 From: Diana Diaz DeLeon, CPPB, Contract Technician, Purchasing Dept. To: Ray Carter, Manager Risk Finance � I The contract was approved by the BCC on November 8, 2011 agenda item 10H. Amendment #1 was approved by the BCC on January 10, 2012 agenda item 16E5. Please review the Insurance Certificate(s) for Day -Star Unlimited, Inc. d /b /a Cabana Dan's. • If the insurance is not in order please contact the vendor /insurance company to obtain a proper certificate. Once you receive the proper certificate(s), please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. • If the insurance is in order please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. If you h Man contact me at the above referenced information. Risk Finance Signature (Please route to County Attorney via attached Request for Legal Services) RECEIVED :AN 12 2011 RISK MANAGEMENT Date G /Acquisitions /AgentFormsand Letters /RiskMgmtReviewofl nsurance4 /15/2010/16/09 10H Contract # 11 -5666 BAREFOOT BEACH CONCESSIONAIRE AGREEMENT THIS AGREEMENT made effective this e day of , 20 1( , between Collier County, a political subdivision of the State of Florida (hereinafter called the "County ") and Day -Star Unlimited, Inc., d /b /a Cabana Dan's, a Florida Corporation with offices at 675 -96th Avenue North, Naples, Florida 34108 (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 2 Barefoot Beach Boulevard, Bonita Springs, Florida, 34134 in conformance with the purposes and for the periods stated herein and subject to all terms and conditions hereinafter set forth. A. TERM. This Agreement shall be for an initial period of five (5) years, commencing on award by the Board of County Commissioners, and shall be renewable upon satisfactory performance by the Concessionaire, for five (5) additional one (1) year periods, under the same terms and conditions. The County Manager or his designee may extend this Agreement for up to one hundred twenty (120) additional days following expiration of the original or subsequent five (5) year terms. 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 at the area known as Barefoot Beach: 1. Under the canopy at the bath house facility as per attached Exhibit "A ", Pages A -1 and A -2, and incorporated herein by reference. 2. The Concessionaire shall have use of the beachfront, in accordance with the limitations of paragraph C (1) below. 3. The Concessionaire agrees to construct a structure at a location on the beach, located within the existing footprint of the current facility, and make other upgrades to the property at an estimated cost of fifty thousand ($50,000) dollars, after obtaining approval in writing by the Parks and Recreation Director or designee, provided all proper permits are obtained prior to construction, including but not limited to state and local agencies. Design of any structure on the facility shall also be approved in writing, prior to construction, by the Parks and Recreation Director or designee. All structures built by the Concessionaire shall become property of Collier County at the end of the Agreement. The Schedule for construction of the structure shall be mutually agreed upon in writing between the Concessionaire and the County within thirty (30) days after approval of this Agreement by the Board of County Commissioners. Any subsequent changes to the agreed upon construction schedule shall be at the sole discretion of the County and shall be in writing. 4. Any improvements made for the benefit of the Concessionaire shall be paid for by the Concessionaire. Page 1 of 11 1OH 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. Food and Beverage Service. The Concessionaire shall set up the concession for the sale of food and /or beverages on the designated location under the canopy of the bath house facility. The sale of food and /or beverages, ice cream, pre - packaged snacks, etc, may also be sold from a designated location on the beachfront, or a mobile cart, in accordance with the provisions of this Agreement, subject to written approval by the Parks and Recreation Director or designee. The Concessionaire may also sell prepared foods such as, but not limited to, sandwich wraps and salads, etc., as long as the proper permits are maintained for the sale of such items. The vending machines operated by the Parks and Recreation Department shall remain at Barefoot Beach. 2. Sale and /or Rental of Related Beach Items and Sundries. The sale and /or rental of items, which may include but not be limited to, umbrellas, beach chairs, tubes, rafts, floats, kayaks, paddle boats, cabanas, caps, shirts, jewelry, etc., and related sundries, including lotion, shall be approved in writing by the Director of the Parks and Recreation Department or designee. The County may authorize the Concessionaire to expand the services, including any lawful activity, provided such authorization is in writing. Concessionaire shall provide an initial written list of the items to be rented or sold at the concession to the Parks and Recreation Director or designee as well as a price list for approval by the Parks and Recreation Director or designee. Both lists shall be updated monthly with any changes. If pedal boats and similar equipment are rented, a chase boat must be present and in operational use at all times. 3. Other Miscellaneous Functions. As approved in advance in writing by the County, these functions may include, but are not limited to, weddings, graduations, dinners, club functions, etc. 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: Day -Star Unlimited d /b /a Canaba Dan's 675 -96th Avenue North, Naples, FL 34108 Phone: 239 - 777 -4040 E -mail: cabanadan @comcast.net Attention: Daniel Byers Page 2 of 11 All notices from the Concessionaire to the County shall be deemed served if maile , OH faxed, or e- mailed to the County at the following address: Collier County Parks and Recreation Department 15000 Livingston Rd., Naples, FL 34109 Fax: 239 - 252 -6536 E -mail: NancyOlson @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. 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 their 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 authorized representative, and at the Concessionaire's sole cost, 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, recycling 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 dumpster currently located in parking lot # 3. The County reserves the right to change this location upon seven (7) day written notice to the Concessionaire. 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, with the exception of the Concessionaire's responsibility of fifty ($50.00) dollars per month utility cost in accordance with item 11 below, 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). Page 3 of 11 0H 9. SECURITY. The Concessionaire must provide at its expense any security measure o 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 lump sum total of Nine Hundred ($900) dollars per month which includes the proceeds received from the sale of food and sundries, canoe and kayak rentals, and receipts from approved events. In addition, the Concessionaire shall pay $50.00 per month utility cost. Both proceeds and utility payments are due 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 State Sales Use Tax on rental payments to the County shall be added to the Concessionaire's rental payments and forwarded to the County as part of said payments. The County is to receive its revenue payment as net, free and clear of all costs and charges arising from, or related to, Concessionaire's obligations under this Agreement, and the revenue payment is to 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 approved by the Director of Parks and Recreation or his authorized representative. This statement shall be accompanied by a report, which, as a minimum, shall include hours of operation, daily attendance figures, and weather conditions, etc. This report shall accompany the monthly statement of gross revenues and may be subject to audit. 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, Page 4 of 11 in ad'dition'to interest at the highest rate allowable by law. If the payment of consideration O 1 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 and may cancel this Agreement. 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, hurricane, civil disorder, 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 or other circumstances return to normal. 14. CONCESSIONAIRE NOT TO REMOVE PROPERTY. Concessionaire shall not remove from the 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 the concession and shall do so within fifteen (15) days following the expiration of this Agreement provided such personal property and equipment is 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 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 to authorized representatives of the Office of Internal Audit of Collier 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 electronic cash machines or other electronic accounting 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. All sales must be accompanied by a receipt to the customer. 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 Page 5 of 11 10H coo(dinate 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 representative of the Director of Parks and Recreation, or by any other agency having responsibility for inspections of such operations. Concessionaire shall undertake immediately the correction of any deficiency 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 on and around the beach concession including the daily cleaning of the restroom facility. The County will furnish the Concessionaire all materials necessary to clean and supply restrooms. The Concessionaire shall clean restrooms (sweeping, mopping, cleaning sinks, toiled bowls, urinals, restocking, and emptying trash containers) twice a day; once before 10:00 a.m. and second time by 2:00 p.m. Concessionaire shall make available all areas under his control for examination at any time by the Parks and Recreation Director or his authorized representative. Music played by the Concessionaire or their employees must be approved by the Parks and Recreation project manager and must be "family friendly" and non - secular in nature. 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, and that have completed a background screening and have been cleared to work for Concessionaire. Concessionaire shall assume cost of background screening . for this /her employees. Subject to the American with Disabilities Act, Concessionaire shall supply competent employees, who are physically capable of performing their employment duties and the County may require the Concessionaire to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County property is not in the best interest of the County. All Concessionaire employees shall wear shirts and shorts 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. Page 6 of 11 10H 23. HOURS OF OPERATION. During the terms of this Agreement, the concession operation shall, at a minimum, be open and properly staffed seven (7) days per week from 9:00 a.m. through 5:00 p.m. for the Beach operation, and from 10:00 a.m. to 3:00 p.m. for the food concession, throughout the Season (December 15th through May 31St of each year) including holidays. During the off Season (June 1St through December 14th) including holidays, the Beach operation shall be open from 9:00 a.m. through 5:00 p.m., and the food concession from 10:00 a.m. to 3:00 p.m. on weekends only. The Concessionaire may open at an earlier time and close at a later time, and the schedule may be changed, subject to prior written approval by the Director of Parks and Recreation Department or designee. All hours of operation shall be conspicuously posted and easily read by park visitors. 24. USE OF THE FACILITIES IS PRIMARY. Barefoot Beach 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, such as weddings, receptions, high school graduation parties, etc., which might temporarily limit access to the event site, subject to the prior written approval for each event, on a case -by -case basis by the Director of Parks and Recreation or designee. 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 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 Page 7 of 11 revc5ke the privilege of the Concessionaire to come upon the County's property or 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. 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. 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. COUNTY CONTROL OF BAREFOOT BEACH CONCESSION Nothing in this Agreement will preclude the County from using the public areas of Barefoot 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 designee. 31. FLORIDA LAW. This Agreement shall be governed by and construed in accordance with the Law of the State of Florida. 32. 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 Bonita Springs 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 designee or any other appropriate agency. 33. 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 designee, and is contingent upon approval of the appropriate permitting agency. Pan 8of11 10H 34. STORM WARNING. Upon declaration of a hurricane projecting an imminent strike, or the implementation of evacuation procedures from Collier County, Concessionaire shall meet with the Parks and Recreation Director or designee for the formulation of plans for the removal of all perishable goods and to ensure the concession site has been properly secured for hurricane approach. 35. CONTAINERS. The sale of items in glass containers is not permitted. The use of straws and plastic bags is also prohibited. The County has a recycle program in place and the Concessionaire will make every effort to comply with that program with respect to the disposal of containers. 36. 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. 37. 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. 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 Operation; Contractual Liability, and Athletic Participants 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. Page 9 of 11 10H 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. 39. THIS AGREEMENT shall be administered on behalf of the County by the Parks and Recreation Department. As used herein, the word "County" shall refer to the Director of Parks and Recreation or designee unless the context renders such construction illogical. 40. 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), Exhibits, RFP No. 11 -5666, 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. 41. 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. 42. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Concessionaire 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 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. 43. 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. 44. 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. 45. ADDITIONAL ITEMS /SERVICES: Additional items and /or services may be added to this contract upon satisfactory negotiation of price by the Parks and Recreation Director or designee and Concessionaire. Page 10 of 11 10H 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. ATTEST: DWIGH-T1: - 8k0C,K-,QLERK OF COURTS ANwis ft, �e �A.J�% rt S v �✓ Typed /print witness name & �tk,_ Second Witness Typed /print witness name Approved as to form and legs uffl ie y- '�-S+ G L, Ate'_ County Attorney r BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CH IRMAN Day -Star United, Inc. d /b /a Cabana Dan's Co,hc ssiomaire Page 11 of 11 nature V P V, Printed name of Preside 6t Item # iN i_ Agenda AN a I Date Date ff 10 H I I 1.0 H �T J LJ ILL Lie ' �T l!' tom. 10H "AGC?RD :a _. »__ ._ i a ;,� DATE {MMIDD /YY) 06/13/'l PRODUCER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION SportUnderwriters.com Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ? A DIVISION OF SPORT AND SPECIAL EVENT INSURANCE AGENCY USA HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR info(ftoortunderwriters com FOR SERVICE CALL: ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, P.O. Box 1131 Tai: 66- 888 -87 COMPANIES AFFORDING COVERAGE Lake Placid, NY 12946 Fax: 866-467-8770 866-889-4763 Certificate #: A- YS- SU- 11- 04 -14- 2869 -17 COMAPANY Employers Fire Insurance Company INSURED SSE! Program Management Inc. COMPANY National Union Fire Ins. Co. of Pittsburgh, PA Cabana Dan's a 675 96th. ave. North COMPANY Naples, FL, USA C 34108 COMPANY D p):_. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE NSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE: MWDOrrY POLICY EXPIRATION DATE Mr�uowrr LIMITS }S GENERAL LIABILITY CCMMERCIAL GENERAL LIABILITY CLAIMS MADE � OCCUR OWNER'S & CONTRACTOR'S.PROT GLOO890 -01 06/1 `ail 1 06/13112 GENERAL AGGREGATE $2,000,000 I X PRODUC'S- CCMP!OP AGG $110001000 PERSONAL & ADV INJURY $1,�Q 000 EACH OCCURRENCE $1008,008 INCLUDES PARTIC ANTHLcTIC PARTICPANTS X FIRE DAMAGE Any one fire) Y $100,000 MED EXP (Any one person) $ Excluded ACCIDENT X MEDICAL Excess Coverage AGGREGATE UMIT PER ACCIDENTAL DEATH $50,000 MAXIMUM MEDICAL BENEFIT PER CLAIM $25,000' B SRG 9125110 ©6/13i11 06/13112 ACCIDENTAL DEATH & DISMEMBERMENT $5,.000 j f DEDUCTIBLE PER CLAIM $1,000 AUTOMOBILE LIABILITY COMBINED SINGLE _!MIT ANY AUTO BODILY INJURY (per insureW $ ALL OWNED AUTCS BODILY INJURY ;per acadent) $ HIREDrNON -OWNED AUTOS PROPERTY DAMAGE $ I EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM OTHER THAN UMBRELLA FORM AGGREGATE $ $ WORKER'S COMPENSATION AND EMPLOYERS' LIABIUTY: WC STATU- OTN TORY LIMITS Ea EL EACH ACCIDENT- $ THE ?ROPRIE7DR! PARTNERSIEXECUTNE INGL OFFICERS ARE: EXCL EL DISEASE POLICY LIMIT -- $ EL DISEASE - EA EMPLOYEE $ j OTHER i DESCRIPTION OF OPERATIONS ILOCATIONSJVEHICLESISPECIAL ITEMS LIABILITY POLICY DEDUCTIBLE: $0.00 PER EACH BODILY INJURY OR PROPERTY DAMAGE CLAIM. 1996 ISO OCCURRENCE FORM (1 1 -88? AND COMPANY'S SPECIFIC FORMS. Coverage for Participant Legal Liability requires that every participant signs a waiver /release. The certificate holder is named as Additional Insured with respect to negligent acts or omissions of the Named Insured and only with respect to the Operations of the Insured during the coverage period. y _ ,M.Ya.B .,� !.k,� jr II' l Certificate;* A -YS -SU 11- 0a -14- 2869 -17 %µ. SHOULD ANY OF THE ABOVE DESCAIBED�POU Y CiES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL Collier County Board of Commissioners 3299 Tamiami Trail East Naples„ FI., USA ENDEAVOR TO MAIL 30 DAYS WRrTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 34112 AUTHORIZED REPRESENTATIVE lb T Mark Di Perna 00 m 0 d+ 0 0 m 0 cn 00 w a, r H 0 0 ui ic 08 (policy Provisions: WC 00 00 00 B) 84 PF INFORMATION PAGE WEG WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY INSURER: HARTFORD UNDERWRITERS INSURANCE COMPANY HARTFORD PLAZA, HARTFORD, CONNECTICUT 06115 NCCI Company Number: 10456 Company Code: 6 10H 1 7 Suffix LARS RENEWAL POLICY NUMBER: 176 WEG PF8408 F---T 08 Previous Policy Number: 176 WEG PF8408 HOUSING CODE: 76 1. Named Insured and Mailing Address: DAY STAR UNLIMITED INC DBA (No., Street, Town, State, Zip Code) ( SEE ENDT ) 675 96TH AVE N FEIN Number: 650655340 NAPLES, FL 34108 State Identification Number(s): UIN: The Named Insured is: CORPORATION Business of Named Insured: CONVENIENCE STORES - RETAIL Otherworkplaces not shown above: 675 96TH AVE N NAPLES FL 34108 2. Policy Period: From 02/04/12 To 02/04/13 12:01 a.m., Standard time at the insured's mailing address. Producer's Name: PAYCHEX INSURANCE AGENCY INC PO BOX 33015 SAN ANTONIO, TX 78265 Producer's Code: 210705 Issuing Office: THE HARTFORD 55 FARMINGTON AVE., SUITE 301 HARTFORD CT 06115 (877) 287 -1312 Total Estimated Annual Premium: $1,564 Deposit Premium: N/A Policy Minimum Premium: $338 FL Audit Period: ANNUAL Installment Term: The policy is not binding unless countersigned by our authorized representative. Countersigned b g y 12/10/11 Authorized Representative Date Form WC 00 00 01 A (1) Printed in U.S.A. Process Date: 12/10/11 ORIGINAL Page 1 (Continued on next page) Policy Expiration Date: 02/04/13 !1