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Backup Documents 11/13/2018 Item #16D 9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 p 9 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO !I C D THE BOARD OF COUNTY COMMISSIONERS OFFICE ,, Print on pink paper. Attach to original document. The completed routing slip and original documents are t `?"-' "d o t e County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in a ttorney Office no later than Monday preceding the Board meeting. NOV 1 LU * *NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is alretokte with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forwRiSi Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date _ 1. Risk Risk Management 1 t'.S 3 i g 2. County Attorney Office County Attorney Office 61 g 4. BCC Office Board of County AS Commissioners \ -/5'Y \.L NS..\\ 4. Minutes and Records Clerk of Court's Office (--re 11 If si(it, tt : Igt,t‘ 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Ana Reynoso/PURCHASIN Contact Information 239-252-8950 Contact/ Department Agenda Date Item was November 13,2018 Agenda Item Number 16.D.9. Approved by the BCC Type of Document CONTRACT Number of Original 2 / Attached Documents Attached v PO number or account N/A 18-7349 Zack's Food Zack's Food Cart number if document is Cart Ministry Catering, Ministry Catlai,Inc. to be recorded Inc. INSTRUCTIONS & C ' . ST Initial the Yes column or mark"N/A"in the Not Applicable c• • n,which- is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signat e STAMP OK N/A 2. Does the document need to be sent to another agency for a••itional signatur-s? If yes, N/A provide the Contact Information(Name;Agency;Address; '•one)on . : ached sheet. 3. Original document has been signed/initialed for legal sufficienc'. documents to be AR signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the AR document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's AR signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 08/25/2018 and all changes made during C' N/A is not the meeting have been incorporated in the attached document. The County J pn option f Attorney's Office has reviewed the changes,if applicable. 1 i -i. -t this lin.,. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is BCC,all changes directed by the BCC have been made,and the document is ready for e joption.,fa Chairman's signature. ���this lin 16D9 MEMORANDUM Date: November 16, 2018 To: Ana Reynoso, Procurement Services From: Teresa Cannon, Sr. Deputy Clerk Minutes & Records Department Re: Contract #18-7349 "Mobile Food Unit" Contractor: Zack's Food Cart Ministry Catering, Inc. Attached for your records is an original of each referenced document above, (Item #16D9) adopted by the Board of County Commissioners on Tuesday, November 13, 2018. The Board's Minutes & Records Department has kept an original as part of the Board's Official Records. If you have any questions, please feel free to contact me at 252-8411. Thank you. Attachment 1 6 D9 REVENUE GENERATING AGREEMENT 18-7349 for Mobile Food Unit THIS AGREEMENT, made and entered into on this day of R0[2, \ 20 ((F, , by and between Zack's Food Cart Ministry Catering, Inc. , authorized to do business in the State of Florida, whose business address is 2338 Immokalee Road, Suite 234, 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 n 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 n Request for Proposal (RFP) I Invitation to Bid {IT} LJ otter ( ) # 18-7349 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. II 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. er.1) 1 6 Dg 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# 85-8015966531C. 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: Zack's Food Cart Ministry Catering, Inc. Address: 2338 Immokalee Road, Suite 234 Naples, Florida 34110 Authorized Agent: Zackory R. Young, Owner Attention Name & Title: Zackory R. Young, Owner Telephone: 239-692-3298 E-Mail(s): zryoung9@aol.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. 16139 Board of County Commissioners for Collier County, Florida Division Director: Barry Williams Division Name: Parks and Recreation Address: 15000 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) 16D9 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 1 000 000 ❑ v g rn mum limits of$ , 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. El Business us ess 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. n 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$1,000,000 for each accident. C _ _ _ _•_ _• • _ - _ ! .. _• .. • . _ •• • .._ .. •••• _ e per-claim, 1=❑ ;-Coverage shall have minimum limits of$ per claim. 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) 1 6 D9 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, RFP/ n t-TB/❑ Other #18-7349 , including Exhibits, Attachments and Addenda/Addendum and ❑ Other : Page 6 of 12 Revenue Generating Agreement#2017.004(Ver.1) /,,j(S1 16D9 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 Ill, 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.G. 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) 4 1609 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. ri - - - - • - tee. _.. . - ' --- . _ . . .. .. _e •e •e• _ .. _ • . ... .. .. . ... . . . a- _ •_ - - - - - - • . • _ _ • a - ' • - -' •: - e- ' • - _•• _ ._ _ .• • • • .e. _- _ Li 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) 1609 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-FMOPSAcoliiergov.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) i Page 8 of 12 Revenue Generating Agreement#2017.004(Ver.1) 1 6 D9 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. d BOARD OF C' NTY COMMI ONERS ATTEST: COLLIER iUN °, FLOR % �� . Crystal K. Kinzel, CI-rk of Courts & // C••.• ,Iter ° B ._: • A By: I : A'dy Solis, Esq , Chairman Dated: K a t`o �lb Attest as. 'CtaiialrW's £ianature only. Zack's Food Cart Ministry Contractor's Witnesses: Contractor: Catering, Inc. vs,1\, s.- , By: : • , — %• �- First Witness Signature ,. ../..tx.„,,. ie , . iv,„,,,,e, i../...0,/,,,c..------ Print Name and Title z Print Name and T e e . i (>' --+els i ek) econd Witness 2'iiick ( .04.y H on Prir> ame and Title •proved t. 'o d Legality: iv / h. _ County Attorney Item# t -+ Agenda 4.. �Daate `a Dated t'l11(91( 'Ree : eputy aerk Page 9 of 12 Revenue Generating Agreement#2017.004(Ver.1) 16D9 Exhibit A Scope of Services following this page (pages 1 through 5 ) (� this exhibit is not applicable • Z/11 Page 10 of 12 Revenue Generating Agreement#2017.004(Ver.1) 1609 18-7349-Mobile Food Unit SCOPE OF WORK For the purposes of this Agreement, "Mobile Food Unit"shall be defined as a self-contained service operation, located in a vehicle or a movable stand, self or otherwise propelled, used to store, prepare, display or serve food intended for individual portion service. Food trucks and pushcarts shall be considered Mobile Food Units. Both Mobile Food Unit design and menu content should be of premium quality, making a significant improvement to the quality and ambiance of the park. The space is suitable for the sale of prepackaged food,beverages,and merchandise.There is no kitchen. Public restrooms and parking are available on site. All items sold and prices are subject to and Parks and Recreation written approval. Mobile Food Service Licenses: There are two categories of mobile food vehicles licensed by the division: Hot Dog Carts and Mobile Food Dispensing Vehicles(MFDV). > Hot Dog Carts are a type of mobile food service license that limit food preparation to frankfurters (hot dogs and precooked sausages)only. Many operators supplement the basic hot dog/condiment menu with prepackaged goods such as chips and bottled or canned soft drinks. • Basic Requirements o Be a vehicle o Be mobile—can move o Have overhead protection—usually an umbrella o Have a hand sink o Have equipment to keep food at safe temperatures—refrigeration/steam tables o Have power to keep the equipment running—commonly an LP-gas tank o Have a plumbing system that allows you to wash hands while operating } o Only food preparation is frankfurters o Have a commissary A Mobile Food Dispensing Vehicle license is a vehicle mounted food service license where the vehicle has adequate hand washing and dishwashing facilities, food protection, refrigeration, power and plumbing system. A MFDV operator performs food service activities inside the vehicle like food storage, cooking or preparation of food and dishwashing. • Basic Requirements o Be a vehicle o Be mobile—can move o Have protection from the elements and vermin—walls,ceiling,floor o Have dishwashing capacity-a 3 compartment sinks o Have a separate hand sink o Have equipment to keep food at safe temperatures—refrigeration/steam tables o Have power to keep the equipment running—a generator or temporary connect to electricity o Have a plumbing system that allows you to wash dishes and hands while operating o Have either a water and sewer location or a commissary Specifications& Maintenance: The Concessionaire will be required to purchase, supply, or otherwise obtain use of all equipment necessary for the operation of this concession. When applicable, concessionaires will be required to present his/her Mobile Food Unit(s) to Parks and Recreation for inspection. Mobile Food Units and!must be kept in good condition. Parks and Recreation reserve the right to require replacement of Mobile Food Units that are in poor condition or that do not meet Division of Page 1 of 5 Hotels and Restaurants specifications and requirements. 1 6 D 9 Self-contained, self-supported carts and food trucks are highly desirable. There will be an additional utility fee that will apply that require the use of park utilities. It is necessary to keep all Mobile Food Units clean and in good condition. This involves ensuring that the Mobile Food Units do not leak any type of fluid,including water,onto the ground.It is also necessary to keep Mobile Food Units clean and free of graffiti. Mobile Food Units must not be damaged or dented. In addition, the concessionaire shall repair or replace the above if deemed necessary by Parks and Recreation. ❖ Alcohol/tobacco sales prohibited. Hours of Operation: The Concessionaire may only operate during the hours approved by Parks and Recreation. All hours of operation are subject to Parks and Recreation prior written approval. Each concessionaire must vacate the Permitted Premises before the Park closes. Staff:The concessionaire will be required to have a sufficient number of staff available at the Permitted Premises during regular operating hours to ensure proper operation of the concession. Parks and Recreation reserve the right to require that all staff wear uniforms that have been approved in writing by Parks and Recreation. Storage:Parks and Recreation make no representations that there is any storage space at the Permitted Premises.Mobile Food Units may not remain in the Park overnight.The Concessionaire shall be responsible for,at its sole cost and expense, obtaining any additional storage space required for the operation of the concession. No item shall be placed upon any public space without Parks and Recreation's prior,written approval. Trash & Recycle Removal: The Concessionaire will be responsible for, at its sole cost and expense, clean-up and removal of all waste,garbage,refuse,rubbish and litter from the Permitted Premises and the area within fifty(50)feet of the Permitted Premises. The Concessionaire will be required to provide adequate and easily accessible waste and recycling receptacles,approved by Parks and Recreation,and have these receptacles emptied on a daily basis and removed by a private carter.The location and placement of all waste and recycling receptacles is subject to Parks and Recreation's prior written approval. Containers: The sale of items in glass containers is not permitted.The use of straws and plastic bags are 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. Zoning and Permitting Requirements: The Concessionaire is responsible for any future costs,and submittals,for any zone or permit requirements. It is also the responsibility of the Concessionaire at its own expense,to obtain all necessary licenses and permits for the operation hereunder from appropriate local,regional,state and federal agencies to obtain all operational permits.The Concessionaire shall not conduct any other business on County property without specific written authority of the Board of County Commissioners. Reports: A monthly report of activities with information directly from the Point of Sale system must be submitted to the Parks and Recreation Division by the fifteenth(15th) day of each month. This report can be in the form developed by the Concessionaire and approved by the Director of Parks and Recreation or his authorized representative. The report, at a minimum, shall include hours of operation, daily attendance figures, weather conditions, etc. This report shall accompany the monthly statement of gross revenues and will be subject to audit. Point of Sale system must be approved by to the Parks and Recreation Division. Commission: Remittance to the County of a fixed monthly 18% percentage of gross sales. Said commission is due to the County by the fifteenth(15th)day of each month for the preceding month and said payment shall be accompanied by a statement of gross receipts for the previous month. Gross Receipts: The term "gross receipts" is understood to mean all income collected or accrued, 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 City sales tax,or other tax,collected by the Concessionaire from customers and required by law to be remitted to the taxing authority. Page 2 of 5 1609 Auditing of Accounts: The Concessionaire will make available locally,books of account, financial statements,tapes, point of sale reports or any other documentation deemed necessary to authorized representatives of Collier County. Point of Sale Equipment: A point-of-sale electronic cash machine or other electronic accounting control equipment for the proper control of cash payments. Cash register tapes must be maintained and made available upon demand during the entire term of the Agreement with Collier County, All electronic cash equipment and accounting procedures must be approved in writing by Collier County. A receipt must accompany all sales to the customer. Signage: Provide,at its 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 Division. Signs that will be used for advertising purposes shall be constructed and maintained to County standards as defined by the Code Compliance Division. The use of the Collier County Logo is prohibited. Assignment of Concession Agreement: The Concessionaire shall not,at any time during the tenure of the Agreement, sublet any part of this Agreement or assign any portion or part of it,except by virtue of written permission granted by the Board of County Commissioners. Site Information: The County is interested in providing a Hot Dog Cart or Mobile Food Dispensing Vehicle at one or all of the following facilities. Please note: Location and access to utilities vary from site to site. ➢ Bayview Park: 16-1500 Danford St,Naples,FL 34112 ❖ Hot Dog Cart o Description:3 boat ramps,fishing pier,6 picnic pavilions,playground o Total Parking Spaces:72 o FY17 Boat Launch Users:51,795 • Eagle Lakes Community Park: 11565 Tamiami Trail E,Naples,FL 34113 Hot Dog Cart or Mobile Food Dispensing Vehicle o Description: Lighted baseball field, lighted softball field, 2 lighted soccer/football fields, lighted basketball court,picnic shelter,lighted playground. o Total Parking Spaces:328 o FY17 Site Visitors:35,573 • Golden Gate Community Park:3300 Santa Barbara Blvd,Naples,FL 34116 4* Hot Dog Cart or Mobile Food Dispensing Vehicle o Description:Aquatics facility,2 lighted softball fields,lighted little league field,lighted baseball field, lighted soccer/football field,4 lighted tennis and racquetball courts,lighted basketball courts; shuffleboard courts,bocce court,playground,paved fitness trail,boat ramp,fitness center,dog park. o Total Parking Spaces:418 o FY17 Site Visitors:244,937 ➢ Sugden Regional Park:4284 Avalon Dr,Naples,FL 34112 ❖ Hot Dog Cart or Mobile Food Dispensing Vehicle o Description:2 multipurpose facilities,multiuse field,7 picnic pavilions,playground,volleyball court, lakeside beach. o Total Parking Spaces: 199 Page 3of5 1 6 D 9 Ba view Park Pro r' ' Location i .. _off 74,1 Nst _ 1 n .•BF 41/1F1...'Put °' Iv_ ,? :. s* ,..-.. ter !, , ...."4' ,:.,' ',. ' theitTifillyc v Lii ro .. ., ,, . ,.,.. ,t II Of Golden Gate Communi Park Pro s sed Location .. F a 1 4t8- a;`a , ` I y1., f`l Y .4 . *r .1. - ..'- \ .-!\ . '''''."' ''•`;,,1",'1,' 4." ''' ' . , A•_ .tom ,%t �, `$h 11101", /7 ii Page 4 of 5 1 6 D 9 Sugden Regional Park Proposed Location g ` �,.- : !Regional Park ' • ,' o 1 O �° .rr•t•., , . -.1'il'ii0. :.,:..;,,r---- I* ' z �• {' ,, Dnl1o'A7o :!_-:14 . li ,4. _,, _ . ,, , .„ ., . ..., . ''..k. . 'r' ."d. A Q ' �, Cindy Ave .4 e ( t, F m tet.. Ea Lakes Community Park Proposed�Location 7 ,,:'''."...',!_,,,,,,,s.,:,,,' -,- T . '' :a .. [.TW 'fit, a. �' w- ,.jle L es ��rnmunity Park., �a< ": . M , iyes Ce ter �'�. �`7 • s - a 1 ''''w • ,,mr i.ua Ly Park :' .�. ,4,,,f.` i d •. pg • ' `t5_ 0-7 L : .,t,.:.-, „3, , . ., . ' 'il‘. 01 -.''''c''' ''''''''' ,, ' r a raja i�t4r_. '� �i/� -. - 4 L ' ! . F Page5ofS._ ' 1 16D9 Exhibit B Fee Schedule 0 following this page (pages 1 through 1 ) } 1 11 , Pace 11 of 12 Revenue Generating Agreement#2017.004(Ver,1) 1609 RFP#18-7349 MOBILE FOOD UNIT Commission: Remittance to the County of a fixed monthly 18%percentage of gross sales. Said commission is due to the County by the fifteenth(15th)day of each month for the preceding month and said payment shall be accompanied by a statement of gross receipts for the previous month. Gross Receipts: The term "gross receipts" is understood to mean all income collected or accrued, 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 City sales tax, or other tax, collected by the Concessionaire from customers and required by law to be remitted to the taxing authority. Page 1 of 1 pI, 16D9 Other Exhibit/Attachment Description: Q following this page (pages through ) Ii this exhibit is not applicable z1Page 12cf12 Revenue Genereeng Apeement#2017.004(Ver.lyw.,. x � e 1609 ;;t ARL? i CERTIFICATE OF LIABILITY INSURANCE DATE(M4/DD/YYYY) , i, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS .I 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 pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed. »4 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 NAME: 4 tateFarmSSCOTT HANSEN INSURANCE AGENCY INC PHONE 239-566-3344 I FAX t 4�) WG,No.ExtL (AIC.No): �., �� 2930 IMMOKALEE RD STE 1 E-MAIL ADDRESS: NAPLES,FL 34110 - INSURER(S)AFFORDING COVERAGE NAM J t INSURED INSURER A STATE FARM FLORIDA INSURER e; STATE FARM FIRE&CASUALTY ZACK'S FOOD CART MINISTRY CATERING INC a INSURER C: 15000 LIVINGSTON RD INSURER D: NAPLES,FL 34109-3808 INSURER E: •'_I INSURER F: COVERAGES CERTIFICATE NUMBER: EVISION THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD MBER: +-! • 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. i'; EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. , r INSR ADDUSUBR LTR TYPE OF INSURANCE POLICY EFF POLICY EXP t 1NS0�YYVD POLICY NUMBER (MMIDDTYYYY) (MM/DDIYYYVI LIMITS f COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 'v CLAIMS MADE I I OCCUR DAMAGE TO RENTED X BUSINESS MERCANTILE PREMISES(Ea occurrence) S 300,000 A Y 98-BZ-0547-4 MED EXP(Any one person) $ 5,000 . I f01/26/2018 01/26/2019 PERSONAL&ACV INJURY $ 1,000,000 GENT LIMIT APPLIES PER: 000000 i XPOLICY IJECT I LOC i GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OP AGG S 2,000,000 OTHER, _ AUTOMOBILE LIABILITY S Y I 6692547-F28-59 06/28/2018 06/28/2019 COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ANY AU BODILY INJURY(Per person) $ 1,000,000 s B AUTOS ONLY /\ SCHEDULED BODILY INJURY(Peraccrdent) $ 1,000,000 ',i i HIRED NON-OWNED PROPERTY DAMAGE 1 ,. AUTOS ONLY 'AUTOS ONLY I s 1,000,000 I (Per accident) UMBRELLA LIAR _ OCCUR S I $. EXCESS UAD EACH OCCURRENCE ^> CLAIMS-MADE AGGREGATE S DED 1 RETENTIONS WORKERS COMPENSATION t $ - ' AND EMPLOYERS'LWBFLITY Y 1 N I /�'STATUTE ( I ERH B ANY PROPRIETOR/PARTNER/EXECUTIVE �_ OFFICER/MEMBER EXCLUDED? Y N/AI 98-BT-5176-2 03/09/2018 03/09/2018 E.L.EACH ACCIDENT $ 1,000,000 (Mandatory � Hies,describe under I E.L.DISEASE-EA EMPLOYEES 1,000,000 ' i DESCRIPTION OF OPERATIONS belowE.L.DISEASE-POLICY LIMIT 5 1,000,000 sit I{ I '• DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Rm eerka Schedule,may be attached If mere apace Is required) `t ' Collier County Board of County Commissioners as an Additional Inured under the above Commercial General Liability&Automobile policies on a primary& 1 non-contributory basis if&to the extent required by written contract. t "for any and all work performed on behalf of Collier County" r: CERTIFICATE HOLDER CANCELLATION 1.4' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE I _ THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County Board of County Commissioners ' ACCORDANCE WITH THE POLICY PROVISIONS. 1 3295 Tamiami Trail E +• Naples,FL 34112 AU r •RIZEDREPR ENT I l Q 1988-20rksofACO► ACS. CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered ma • 1001488 1132849.12 03-16-2016 ..,,i • .