Backup Documents 01/12/2010 Item #16D 7
16D7
MEMORANDUM
Date:
January 25, 2010
To:
Diana Deleon, Contracts Technician
Purchasing & General Services
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Contract: #09-5247 "Tigertail Beach Water and Beach
Concession Agreement"
Contractor: Recreational Facilities of America, Inc.
Enclosed please find one (1) original, as referenced above (Agenda Item
#16D7), which were approved by the Board of County Commissioners on
Tuesday, January 12, 2010.
The Minutes & Records Department has retained an original for the
Board's Records.
If you should have any questions, please contact me at 252-8411.
Thank you.
Enclosures (1)
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ROUTED TO:
REQUEST FOR LEGAL SERVICES
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Date:
12,2010 '\.l,
, County Attorney's Office/ .. ;;
e Leon, Contract Technician /1. ,e./
Purchasing Department, Extension 8375 _-"X
To:
From:
Re:
Assumption of Contract: 09-5247 "Tigertail Beach Water and Beach
Concession Agreement"
Contractor: Recreational Facilities of America, Inc.
BACKGROUND OF REQUEST:
This Contract was approved by the BCC on January 12, 20
Agenda Item 16.D.7
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This item has not been previously submitted
Agreement review and approval.
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ACTION REQUESTED:
OTHER COMMENTS:
Please forward to the Chairman of the BCC for signature after
approval. If there are any questions concerning the document, please contact
me. Purchasing would appreciate notification when the documents exit your
office. Thank you.
C: Murdo Smith, Parks & Rec
RLS # -LtJ- h~c- t/tlfS"r
U"__O' "_
CHECKLIST FOR REVIEWING CONTRACTS
Entity Name: ~AfjJltI}7/(!),uIt'- P',4/DIU....'f<;
16D7
Entity name correct on contract?
Entity registered with FL Sec. of State?
IP P JfflltteJ~A} IVt!!,
/Yes
----"",=Ycs
~Yes
,./'Yes No
~~~~
J"Yes
Yes
Insurance
Insurance Certificate attached?
Insured registered in Florida?
Contract # &/or Project referenced on Certificate?
Certificate Holder name correct (BCC)?
Commercial General Liability
General Aggregate Required $ I II.\. I L. _
Products/Compl/Op Required $___
Personal & Advert Required $
Each Occurrence Required $
Fire/Prop Damage Required $
Automobile Liability
Bodily Inj & Prop Required $ ~
Workers Compensation
Each accident Required $
Disease Aggregate Required $
Disease Each Empl Required $
Umbrella Liability
Each Occurrence Provided $_____
Aggregate Provided $
Does Umbrella sufficiently cover any underinsured portion?
Professional Liability
Each Occurrence Required $
Per Aggregate Required $
Other Insurance
Each Occur Type:
JYes
---;:7Yes
Yes
_-lL'_ Yes
Provided $__LMi\--_
Provided $ tJUel...
Provided $ I M l L
Provided $_---'-'-_
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Provided $
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Provided $ \ \
Provided $ ,r-:::
Exp Date
Exp Date
Yes
Provided $
Provided $
Required $
Provided $
County required to be named as additional insured?
County named as additional insured?
Indemnification
Does indemnification meet County standards?
Is County indemnifying other party?
Performance Bond
Bond requirement referenced in contract?
If attached, expiration date of bond
Does dollar amount match contract?
Agent registered in Florida?
Signature Blocks
Correct executor name in signahIre block?
Correct title of executor?
Executor authorized to sign for entity?
Proper number of witnesses/notary?
Authorization for executor to sign, if necessary: ------------4
Chairman's signature block?
Clerk's attestation signature block?
County Attorney's signature block?
./ Yes
v Yes
./ Yes
--,"",-Yes
V Yes
-- ./- Yes
----;;;r Y es
Attachments
Are all required attachments included?
/Yes
No
No
No
No
,./'No
No
Exp Date
Exp. Date 101, I/o
Exp. Date t l"
Exp. Date 1 ,
Exp. Date ----':-'-~/
Exp. Date l '
Exp Date
Exp Date
Exp Date
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"
No
Exp. Date
Exp. Date ___
Exp Date_
~No
No
~No
Yes
No
Yes
Yes
No
No
No
No
No
No
No
No
No
No
Reviewer Initials: ~tCt
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04-COA~03012n
MEMORANDUM
1607
TO: Ray Carter
Risk Management Department
FROM: Diana De Leon, Contract Technician
Purchasing Department
.~ '- (lJ-.---
DATE: January 12, 2010
RE: Review Insurance: 09-5247 "Tigertail Beach Water and Beach
Concession Agreement"
Contractor: Recreational Facilities of America, Inc.
This Contract was approved by the BCC on January 12, 2010, Agenda Item
16.D.7
Please review the Insurance Certificate for the above referenced contracts. If
everything is acceptable, please forward to the County Attorney for further
review and approval. Also, will you advise me when it has been forwarded.
Thank you. If you have any questions, please contact me at extension 8375.
C: Murdo Smith, Parks & Rec
OAff RECEIVEO
JMi ! 3 2010
ii(ISK MAAAGEMENl
~
P;;w /to
16D7
mausen_9
From:
Sent:
To:
Cc:
Subject:
RaymondCarter
Wednesday, January 20, 2010 7:36 AM
DeLeonDiana
mausen_g; GreeneColleen; smith_m
Contract 09-5247 "Tigertail Beach Water and Beach Concession Agreement"
All, I have approved the certificate of insurance provided by Recreational Facilities of America, Inc. for contract 09-5247.
The contract will now be forwarded to the county attorney's office for their review.'
Thank you,
Ray
~~
Manager Risk Finanace
Office 239-252-8839
Cell 239-821-9370
Under Florida Law, e-mail addresses are public records_ If you do not want your e-mail address released in response to a public records request, do not send
electronic mail to this entity. Instead, contact this office by telephone or in writing.
1
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Florida Profit Corporation
RECREATIONAL FACILITIES OF AMERICA, INC.
Filing Information
Document Number P93000001951
FEI/EIN Number 592735782
Date Filed 01/04/1993
State FL
Status ACTIVE
Principal Address
490 HERNANDO DR
MARCO ISLAND FL 34145 US
Changed 05/31/2007
Mailing Address
P.O. BOX 2111
MARCO ISLAND FL 34146 US
Changed 03/08/2004
Registered Agent Name & Address
SMITH. ANTHONY
2012 SHEFFIELD AVE
MARCO ISLAND FL 34145
Name Changed: 07/03/1995
Address Changed: 04/22/1999
Officer/Director Detail
Name & Address
Title PO
SMITH. ANTHONY
2012 SHEFFIELD AVE
MARCO ISLANO FL
Title SO
SMITH. MARTINA
2012 SHEFFIELD AVE
MARCO ISLAND FL
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16Dl
Contract # 09-5247
TIGERTAIL BEACH WATER AND BEACH CONCESSION AGREEMENT
THIS AGREEMENT made effective this 12.-+V\day of ,Jtv\\.Utr'j' 20~.
between Collier County, a political subdivision of the State of Florida (hereinafter 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.
16D?
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 be 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 Beveraqe 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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l6D?
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. UTILlTIES.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
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.
3
16D7
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
4
16D7
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
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.
5
16D7
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
6
16D1
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.
7
16D7
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.
8
16D 7
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.
9
16D7
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.
o
o
o
o
o
o
o
o
o
o
o
o
10
16D7
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: -k....'-U~) 11.(2-c,cO
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST:
HT ~\~~p~ze~URTS
:DeputY~r~;
ltustr as ~,j.~ .',
it.... .t / .. 'l'~',':>'I4.if'a4q S
~,,-:;f .../H't ~. <./
':,:., i{'1'
. ';.. \~ ~'
By:
tf~
d~
B'
Donna Fiala
CHAIRMAN
~
First Witness
MClrtl~a 5'rV1,th
Typed/print witness name
B
ignature of President
1~71~
Second Witness
-ANn-ION'! J. QMI~
Printed name of President
--E:rd M M\Am;h>~
Typed/print witness name
County Attorney
Item # 'I9D~
Agenda II.L-IID
Date ~
Dale ll.}.-I{ 0
Roc' ~
~
Deputy Clerl<
II
OPID M
RFAINC1 10 13
THIS CERTIFICATE IS ISSUEOAS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
ACORD.
CERTIFICATE OF LIABILITY INSURANCE
PRODUCER
Logan Insurance Agency, Inc.
3801 North 9th Avenue
Pensacola FL 32503
Phone:850-438-1449 Fax:850-43S-0085
^n'JsllREO
INSURERS AFFORDING COVERAGE
'I\lSURFR;1o
'NSuRr:R B
Essex Insurance ~~any
THE POLICIES OF INSURANCE USlm BClOW HAI/F BEEN ISSUED TO THE INSURED NAMFO ..sove t-OH THE PQLlCY PERIOD INPiCATED NOTV/iTHST ANDING
ANY HEOUIRfMENT TfRM OR CONDITION or ANY CONTRACT OR QTHHl DOCUMENT WHH I'IEs~'rcr TO WH1C~' THIS CFRfWICAlf MAY BE iSSUED OH
MAY PER1;\IN THE INSuRANCE AFFORDED 8'1 THE POLICIES DESCRIBED HEGEIN IS 5UBJEC L> fltL THE noRMS EXCLUSIONS r..ND C(}NDnl0NS Of Slj(>~
pO! I(;!ES I\GGRLCATr LIMns SHOWN MAY H,WE BE EN REDUCED BY "A:D CLAIMS
lNSR'ADU'l;
L TR IN$RO
Recreational Fac11ities of Am.
Ine, dba Tiqertail Soh Rentals
POBox 2111
Marco Is1. FL 34146
N$URU:;, C
~SURER l)
~jSUHEr;. L
COVERAGES
TYPE OF INSURANCE
GENERAlllABlUTY
POLICY N\JMB€R
POLiCY Ej:'F'ECTNE: ~OUCYExPTRArjON
DATE MMIDO!YY DATE MM!OOf'fYj
A
x
X COMMERCIAL GENERAL LiA6tLl~'Y
Clf\ll-l$ MAnr: X CCUjR
3DC2510
10/01/09
10/01/10
GFN'L AGGRfGAT( liMiT APPliES Pff;
POLICY ';~'fT i.OC
AUTOMOBILE LlABILt1Y
ANY 1.010
ALL OWNED AuTOS
SCHE[)Ul ED i\UTOS
HIRED AU1(;S
NON.OVJN[D AUTCS
GARACE LIABILITY
"NY AUTO
EXCESs/UMBRElLA UA8lUTY
OCCUR
CLAIMS MAJF
DEDUCTHRE
RETENTION
WORKERS COMPENSATION AND
EMPLOYERS' LlA8fLlTY
ANY PROP~IETOR!PARTNER/EXECUT IVb.
OrF1CERl-.4[MBEfl EXCLUDED')
~(,~C S.7S;;~6~S~~S belOw
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS i VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPEC~AL PROVISIONS
Beach Chairs I Umbrellas, Boat Rentals, Concession Stand, 1 ATV
coverage increased to 1 roil eff. 10-12-09
EACH OCCuRRENCE
DAMAGE TOREl'FFD
PREMiSES :E.a occu~encei^
MEC Exr :A"v one :wrsO":
PERSDNAl t. AOV INJURY
GFNfRAI. A:o' 8f:,:;r.,T[
PR(H)i!I;TS c.OMP'OPilriO
COMBiNED S\NGtf liMn
,La a~c'oo'1~'
BO(HlY,NJURi
'Fer Pi"f&D"\
9:}Oll'f INJUHY
,Pel 1l:::;J0;::,,1
PROPERTY GAMA.C[
,f'ww;,;,(JW'1
A\JrG ONlY Lf> ACCIDE.NT
Oh,ERrHAN
AUTO OM Y
EACH OCCURRENCE
AQGHEGA fE
f l fAU; ACCIDENT
E L DISEASE lA
E L DiSEASE Pot ICY LIMIT
16D 7
09
NAIC#
UMlTS
, 1000000
, 50000
,1000
'1000000
, 1000000
, INCLUDED
,
,
,
LA ACe
"'GG $
,
,
,
FR
CERTIFICATE HOLDER CANCELLATION
COLLIER SHOULD ANY Of THE ABOVE DESCRl8ED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOf, THE ISSUING INSURER WILL ENDEAVOR TO MAil !.Q_._ DAYS WRITTEN
NOnCE TO THE CERTIFiCATE HOLOER NAMED TO THE LEn, BUT FAilURE. TO 00 SO$I1ALl
IMPOSE NO OBlIGf.\TION OR LlAfUUTY OF ANY KINO UPON THE INSURER H$AGEt-lTS OR
Rt:PRESENTATlVES
AUTHORIZED REPRESENTATIVE
Collier County Board of County
Commissioners
3301 E. Tamiami Trail
Naples FL 34112
Michael E SuskLnd
ACORD 25 (2001108)
From:
01/22/2010 10:02
#631;61DoY
Page 1 of2
Fonn - Certificate Oflnsurance
CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIODIYY)
1'2212010
PROOUCER (813)637.8877 FA)( (8]3)637.8484
THIS CERTIFICATE IS ISSUED AS A MAnER OF INFORMATION ONLY AND CONFERS NO RIGHTS
Insurance Office of America, Inc. UPON THE CERTIFICATE HOLDER. THIS CERT1FICATE DOES NOT AMMEND, EXTEND OR ALTER
4915 W. Cypress Street THE COVERAGE AFFORDEO BY THE POLICIES BELOW.
Suite 100
Tampa. FL 33607 INSURERS AFFORDING COVERAGE
INSURED Pyramid Employer Services III, Inc. INSURER A: Guarantee In$vrlll1t;e Company 113(18
9843 18th 51. N., Suite 150 INSURER B:
St. Petersburg, FL. 33716-4209 INSURER c:
Alternate Employer: Recreational Facilities INSURER 0;
of America INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTEO 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 1M Y PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED
HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INS" TYPE OF INSURANCE 1 POLICY NUMBER I POLr~~,EFF~~~ I POLIC;I~XPIRAT~N LIMITS
LTR DATE MMIO DATE MMJDD/YY
ENEML LIABILITY I --- - _.1 - ..:1:__ .- EACH OCCURRENCE
-,," --
- COMM GENERAL LIABILITY IRE DAMAGE (Any ooe fire) $
- CLAIMS MADE DOCCUR EO EXP (Anyone person)
- RSONAL & AOV INJURY
ENERALAGGREGATE
~'l AGG L1Mln~L1ES PER: nt PRODUCTS-COMP/OP AGG
POt. PROJ LOC
UTOMOBILE LIABILITY I r- r== COMBINED SINGLE. LIMIT (E..
_ ANY AUTO !acCident]
_ All OWNED AUTOS BOD!L Y INJURY {Per person)
SCHEDULED AUTOS
HIRED AUTOS
NON.()WNED AUTOS BODILY INJURY (Per accident)
ROPERTY DAMAGE (Per ,
ccident)
ARAGE LIABILITY I .. _:::_::::::::=:=--=T-::.:::==-_==--=-.:::___L____.. UTa ONLY. EA ACCIDENT
ANY AUTO OTHER THAN EAAce $
AUTO ONLY: AGO $
XCESS LIABILITY --------====_L =====C--_. ACH OCCURRENCE
l-JOCCUR UCLAIMS MADE GGREGATE
R~EDUCT!BLE
RETENTION l$ I
~:tO~~R~?t::~~~nON AND I GPEOI20000001-IIO =r~-_'-rjI/OlI2010 I 01/{)I/2011 X WCStlllu-lory OTH,
Urn,lS ER
-~-~-~
A .1.. EACH ACCIDENT $100000
L DISEASE.EA EMPLOYEE $100000
.1.. DISEASE-POLICY LIMIT $ 1.000 00
THER ...- =-----:-==---- I -:-=--1-:--'-=--
peSCRIPTION OF OPERATIONSfLOCATIONSNEHICLES/EXLUSIONS ADDEO BY ENDORSEMENT/SPECIAL PROVISIONS
Coverage is provided for only those employees leased but not subcontractors of Pyramid Employer
Services III. Inc. and Recreational Facilite of America for any job, operation, or project pet.fonned
during the above policy period.
Addendum to cancellation: 10 claus notice annlies for non_navrnent of oremium.
ICERTIFICATE HOLDER I IAOOlTlONAL1NSURED; INSURER LETTER IlcANCELLA TION I
SHOULD ANY Of THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION
Collier County Bee DATE THEREOF, THE ISSUING INSURER WIll. ENDEAVOR TO MAIL .3QDAYS WRITTEN NOTICE TO
THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL
iMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE COMPANY. ITS AGENTS OR
Diana DeLeon REPRESENTATIVES.
3301 East Tamiami Tmil A(lthorizooRepresefllative
BldG Herman Peery ~
Naples. FI 34112
http://ioaca.ioausa.comlClientAccess/acti vel certliabfonn. asp
1/22/2010
From:
Form - Certificate OfInsurance
01122/2010 10:02
#631 P.002/002
Page 2 of2
IMPORTANT
16D7
If the certifICate holder is an ADDITIONAL INSURED, the policy(ies) must be endOf$&d. A statement on this certificate does not confer rights to the certifcate holder In lieu of
such endorsement(s).
If SUBROGATION IS WAIVED, subjecl to the terms and condItions of the policy, certain policies may require an endorsement. A statement on this certifiate does not confer
rights 10 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 listed thereon.
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1/22/2010