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#18-7398 (Kona Ice of Naples) REVENUE GENERATING AGREEMENT # 18-7398 for Mobile Frozen Food Treats Concessionaire THIS AGREEMENT, made and entered into on this a 303 day of 0)A0dec 201g, by and between Naples Shaved Ice, LLC dba/Kona Ice of Naples , authorized to do business in the State of Florida, whose business address is 1495 Rail Head Blvd, Naples, Florida 34110 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three (3 ) year period, commencing ❑■ upon the date of Board approval (l on and terminating on (3 ) year(s) from that date. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two ( 2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ Request far Proposal (- R) • Invitation to Bid (ITB) ❑ Othaf ( ) # 18-7398 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. • The Contractor shall also provide services in accordance with Exhibit A—Scope of Services attached hereto. It is not permissible for other County divisions or governmental entities to utilize the Agreement. Page 1 of 12 Revenue Generating Agreement#2017.004(Ver.1) 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 4. THE AGREEMENT SUM. The Contractor shall pay the County for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto. 5. FINANCIAL REVIEW, RECORDS, AUDIT. The Contractor shall provide, at its expense, an annual independent review of the Contractor's financial records. The purpose of this review is to substantiate that the County has been compensated in accordance with this Agreement. The Contractor 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 Contractor grants to the County the right and authority to audit all records, documents, and books pertaining to the concession operations. Such audit will be conducted at locations and at a frequency determined by the County and communicated to the Contractor. The Contractor 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 Contractor, all at no cost to the County. 6. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. 7. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Naples Shaved Ice, LLC dba Kona Ice of Naples Address: 1495 Rail Head Blvd Naples, Florida 34110 Authorized Agent: Paul W. Peluchette Attention Name & Title: Paul W. Peluchette, Owner Telephone: 239-896-5400 E-Mail(s): paulp@kona-ice.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Page 2 of 12 Revenue Generating Agreement#2017.004(Ver.1) Board of County Commissioners for Collier County, Florida Division Director: Barry Williams Division Name: Parks and Recreation Address: 1500 Livingston Road Naples, Florida 34109 Administrative Agent/PM: Matt Catoe, Operations Analyst Telephone: 239-252-4059 E-Mail(s): Matthew.Catoe@colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 8. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 9. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 10. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. Page 3 of 12 Revenue Generating Agreement#2017.004(Ver.1) 11. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 12. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 13. INSURANCE. The Contractor shall provide insurance as follows: A. ■ Commercial General Liability: Coverage shall have minimum limits of$ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. • Business Auto Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. ■ Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$ 1,000,000 for each accident. 0,1( I w - ,,. a.,.... ... !. _e_ as_.• _..•_ a a _a.a. _ e e _•.__ _ t e__ a. • e_ ►. at e..ta_S_ aa.,_a___. e e _2... _ae_,. •._ ie __aaa . _eae. ,.•._.. •,,..._ aa. e ►.�.. ___ a ... '>. �..*...._•. _.._•as ,,.a.a -go E,_ . .. � . � � • aa • •a „£. •._. �• ... •._ � . . .. as aa.. e. :. a.v. u. n • - - • a__ as a •a a• as _ 9= _ as Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the Page 4 of 12 Revenue Generating Agreement#2017.004(Ver.1) policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non- renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 14. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, 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, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor 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. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 15. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Parks and Recreation Division 16. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 17. APPLICABILITY. Only the sections corresponding to any checked box ( ■ ) will apply to this Agreement. 18. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), U Exhibit A Scope of Services, Exhibit B Fee Schedule, n RFP/ ITB/7 9t #18-7398 , including Exhibits, Attachments and Addenda/Addendum and n athe : Page 5 of 12 Revenue Generating Agreement#2017.004(Ver.1) 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon Page 6 of 12 Revenue Generating Agreement#2017.004(Ver.1) completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. 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. 21. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 22. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 24. 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. 25. n .. - ..._ ek . ,.... ... _e.. !..'_ !_ _..... _•!. ••- ._ :.•:• e •_ _.,. !.. •..- ! . =- !: a e . _•s e _ • _ - e - The County reserves the right to perform ..• °a.: S. !::.•._•. •- - __..�_ w, _.•._._.. : •.- _e as!: :-. e _ea_ e: - •-.. :! . •..- ,:a.. u •- . e .: £..a ::•...• •: _!.a _.._ a.. -•,,... •.. _ .•_• 'tee - •:..--- r_ ! !.�.1. •: _:�. ..-:- !• •..�.. �_ �- _•!. ..• l: _!• .-- !.:! _-. !- - l..: ! _• t is not+f� the-same-orbetterqual+#f- i -$ i -E-�}-#kaat-t Y in--advaiqse.....as_- ;_T r-_sha#I-mak er le efforts to--notify Collier-County within seve change. The County r: _ •__ - e s e _ e e e e e ■ AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to Page 7 of 12 Revenue Generating Agreement#2017.004(Ver.1) perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 26. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 27. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 28. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e- mail (DL-FMOPS accolliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. (Intentionally left blank -signature page to follow) Page 8 of 12 Revenue Generating Agreement#2017.004(Ver.1) IN WITNESS, WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first above written. BOARD OF N . COMMI . ' RS ATTEST: COLLIER *UN FLORlt Crystal K. Kinzel, Clerk & Comptroller By: � .._ p e. _ By: __ •■ I. Andy Solis, Esq , Chairman Dated: •— ` ICtl i115 i '1,112 , Naples Shaved Ice LLC Contractor's Witnesses: Contractor: dba Kona Ice of Naples <C414-1?"' BY: First Witness Signature Ss V i ►ccl va f ( e It Print Name and Title Print Name and Title Seco d Witness Print Name and Title Ap roved as to F r an Le ality: /1— QA3Ut County Attorney h9C.Page 9 of 12 Revenue Generating Agreement#2017.004(Ver.1) Exhibit A Scope of Services ❑■ following this page (pages 1 through 2 ) ❑ this exhibit is not applicable Page 10 of 12 Revenue Generating Agreement#2017.004(Ver.1) SCOPE OF SERVICES Description of Purchase This is an non-exclusive Agreement for the Contractor to provide of mobile frozen food products for events and summer camp programs throughout Collier County park facilities. Background Mobile Frozen Food Treats are offered to summer camp and other event participants in Collier County Parks and Recreation programs. The Division's summer camp program runs nine weeks and has historically registered over 2,000 participants. The Division also hosts a variety of events throughout the year that attracts approximately 13,000 thousand citizens and visitors to our facilities. Detailed Scope of Work There is no guarantee of either a maximum or minimum amount of events or programs, as these may vary every year; the Contractor will provide frozen products at most of the park facilities with the exception of those where a contractor is already established (there may be instances when the Parks and Recreation Division Director approves another Contractor onsite). Park facilities may include but are not limited to: 1. Eagle Lakes Community Park 2. East Naples Community Park 3. Golden Gate Community Center 4. Golden Gate Community Park 5. Immokalee Community Park 6. Immokalee South Park 7. Immokalee Sports Complex 8. Max Hasse Community Park 9. Sugden Regional Park 10.Vineyards Community Park 11. Veterans Community Park The Division intends to schedule and coordinate dates and times of events/programs with the Contractor. The Contractor must receive a request from a Division representative to provide services. The Contractor is not allowed to sell items without prior approval from a Division representative. The Contractor will deal directly with patrons and will provide a percentage of sales to the Division. A Division representative will contact the Contractor to schedule specific dates and times of events and summer camp opportunities. At no time shall the Contractor be on any of the park facilities without the authorization of a Division representative. General Contractor Specifications The Contractor must supply the following: • Clean and adequate mobile facilities. • Mobile food services in accordance with quality standards which shall be determined at the sole discretion of the Division representative, in conformance with generally accepted professional standards. • Provide park patrons with high-quality items and services at reasonable prices. All prices are subject to prior approval of the Collier County Parks and Recreation Division Director. • Provide services in a professional, clean and efficient manner, and in compliance with all Department of Health standards, as well as the standards set forth by the Department representative. • Provide adequate, trained staff to manage the operation and provide excellent service to park patrons. • Provide courteous and efficient service emphasizing customer satisfaction. • Provide a variety of items including a kid-size cup (1 serving), bar or sandwich treats. • Provide at least two flavor choices and preferable no nuts or peanut butter flavors. • At least 20% of the items must be "healthy" options. Healthy options may include items less than or equal to 200 calories and less than or equal to 35% of weight from total sugars in food. Exhibit B Fee Schedule II following this page (pages 1 through 1) Page 11 of 12 Revenue Generating Agreement#2017.004(Ver.1) #18-7398 Mobile Frozen Food Treats Concessionaire Agreement Fee Schedule The Contractor shall remit to the County, as consideration for this Agreement, a percentage of the total gross revenue of the Contractor business as follows: Monthly Commission Paid to County: 18% of Total Gross Sales Said payments shall be tendered to the County by the fifteenth (15th) of each month for the preceding month and such payments shall be accompanied by a statement of gross receipts for the preceding month. Said statement will outline the commission per facility location. It is also understood that the applicable Florida State Sales Tax on payments to the County shall be added to the payment. The County is to receive its revenue payment as net, free and clear of all costs and charges arising from, or related to Concessionaire's obligations under this Agreement, and that the percentage of total gross revenues per event will be paid monthly for the life of the contract. The term "gross revenue", "gross receipts" and/ or "gross sales" means all income collected, accrued or derived by the Contractor 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 Contractor from customers and required by law to be remitted to the taxing authority. The Contractor shall provide the County Representative a Statement of Gross Receipts. Such statement shall be certified as true, accurate and complete by the Contractor and by an independent Certified Public Accountant. The Contractor 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 Contractor 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. 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 County Representative, to be received by the fifteenth (15th) of each month. In the event the Contractor 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. A monthly report of activities shall be submitted to the County Representative 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 Contractor of its failure to remit any such payment or report. The Contractor 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 Contractor with advance notice of any special event and shall coordinate with the Contractor regarding same. Other Exhibit/Attachment Description: ❑ following this page (pages through ) III this exhibit is not applicable Page 12 of 12 Revenue Generating Agreement#2017.004(Ver.1) ® ACCIRD DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 09/14/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Arnie Turner NAME: Northern Kentucky Insurance PHONE Ext): (859)586-8580 FAA/FAX No): (859)586-8616 PO Box 357 E-MAIL amie@cornerstoneinsllc.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Hebron KY 41048 INSURER A: Foremost Insurance 11185 INSURED INSURER B: KONA ICE OF NAPLES FL LLC INSURER C: 1495 RAIL HEAD BLVD INSURER D: SUITE 3 INSURER E: NAPLES FL 34110 INSURER F: COVERAGES CERTIFICATE NUMBER: 2018-2019 Updated WC REVISION NUMBER: 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 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITYEACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED - 2,000,000 CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 10,000 A Y PAS012607042 01/30/2018 01/30/2019PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY PRO LOC PRODUCTS-COMP/OPAGG $ 4,000,000 JECT _ OTHER: DAVSX $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) _ X ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED PAS012607042 01/30/2018 01/30/2019 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY ^ AUTOS ONLY (Per accident) Uninsured motorist $ 1,000,000 UMBRELLA LIAB - _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N 1 A ANY PROPRIETOR/PARTNER/EXECUTIVE NIA WC013249893 01/31/2018 01/31/2019 E.L.EACH ACCIDENT $ , , OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The Certificate Holder shall be named as Collier County Board of County Commissioners,OR,Board of County Commissioners in Collier County,OR Collier County Government,OR Collier County.The Certificate of Insuraance states 18-7398 Mobile Frozen Food Treats Concessionaire as additional insured.For any and all work performed on behalf of Collier County or 18-7398 Mobile Frozen Food Treats Concessionaire is listed as additional insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Collier County Board of County Comissioners, ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail E., AUTHORIZED REPRESENTATIVE Naples, FL 34112 0_ " ���(/fJrfJ I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD