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Agenda 11/18/2008 Item #16D23 Agenda Item No. 16D23 November 18, 2008 Page 1 of 20 EXECUTIVE SUMMARY Recommendation to approve the Assumption Agreement under Contract No. 00- 3168 "Barefoot Beach Concession Agreement" from Recreational Facilities of America, Inc. by Steven R. Banks d/b/a Barefoot Beach Rentals and to ratify two (2) previous renewals of that Agreement. OBJECTIVE: To complete the assignment of Contract No. 00-3168 from the original party, Recreational Facilities of America, Inc., to Steven R. Banks d/b/a Barefoot Beach Rentals ("Barefoot Beach Rentals") and to ratify two (2) previous renewals of that concession agreement. CONSIDERATIONS: The original contract was dated August 31, 2001, and approved by the BCC as Agenda Item 16.0.6. The Contract was by and between Recreational Facilities of America, Inc. and Collier County. The Parks and Recreation Department utilizes the services provided under this contract. The contract provides for an initial term of three (3) years with provisions for additional renewals of two (2) years and five (5) years, respectively. Because this contract was executed prior to the transition to the new SAP financial system, which tracks renewal periods, the two subsequent renewals were never memorialized, although the concessionaire has faithfully and diligently performed his duties under the contract, and the County has received the full benefit of the contract. The renewals have now been completed (ex post facto), referencing the correct renewal periods and dates, and have been duly signed by the concessionaire. Subsequently, Barefoot Beach Rentals purchased the assets of Recreational Facilities of America on November 1, 2008. County staff was notified on October 31, 2008, of the asset purchase. Following the Procurement Administration Procedures, staff has acquired the necessary documents from Barefoot Beach Rentals which have been reviewed and approved by the County Attorney's staff. The Parks and Recreation Department is recommending approval of the assumption of this Contract by the new firm Barefoot Beach Rentals. In order to complete the paperwork, the Board is also being requested to ratify the aforementioned renewal documents. FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient for Board action.-SRT. As a general rule, whatever acts that public officials may take or authorize in the first instance may be subsequently adopted or ratified by those officials with the same effect as if they were done previously. Ratification of a previous act is legally sufficient where: (a) the public officials have the power to approve the underlying act/agreement, (b) the act/agreement ratified is done in the same manner in which the act/agreement would have been initially approved (i.e., in the Sunshine during a public meeting), and (c) in ratifying the prior act/agreement the public officials have full knowledge of the material facts relating to the subject for ratification. See Frankenmuth Mutual Ins. Co. v. Magaha, 769 So. 2d 1012 (Fla. 2000). Agenda Item No. 16023 November 18, 2008 Page 2 of 20 RECOMMENDATION: That the Board of County Commissioners approves the Assumption Agreement of Contract No, 00-3168 by Steven R. Banks d/b/a Barefoot Beach Rentals from Recreational Facilities of America, Inc" ratifies the renewal documents, and authorizes the Chairman to sign the Assumption Agreement upon County Attorney review, PREPARED BY: Diana De Leon, Contracts Technician, Purchasing Department Page 1 of 1 Agenda Item No. 16023 November 18, 2008 Page 3 of 20 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16023 Meeting Date: Recommendation to approve the Assumption Agreement under Contract No 00-3168 Barefoot Beach Concession Agreement from Recreational Facilities of America, Inc. by Steven R. Banks d/b/a Barefoot Beach Rentals and to ratify two (2) previous renewals of that Agreement 11/18/2008 900:00 AM Prepared By Diana DeLeon Administrative Assistant Date Administrative Services Purchasing 11/4/200812:32:27 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 11/6/20082:25 PM Approved By Scott R. Teach Assistant County Attorney Date County Attorney County Attorney Office 11/6/20083:40 PM Approved By Marla Ramsey Public Services Administrator Date PubliC Services Public Services Admin. 11/6/20084:03 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 11/7/20087:51 AM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 11/7/20088:30 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 11/10/200811:49 AM file://C:\AgendaTest\ExDort\ 116-November%20 18.%202008\ 16,%20CONSENT%20AGE", 11/1212008 Agenda Item No. 16023 November 18, 2008 Page 4 of 20 ASSUMPTION AGREEMENT This Assumption Agreement is made and entered into as of , 2008, by and between Steven R, Banks d/b/a Barefoot Beach Rentals ("Barefoot Beach Rentals") and Collier County, a political subdivision of the State of Florida ("County"), WHEREAS, on August 31. 2001, the Collier County Board of County Commissioners entered into Agreement 00,3168 for Barefoot Bcach Concession with Recreational Facilities of America, Inc, (attached hereto as Exhibit A, and hereinafter referred to as the "Agreement"); and WHEREAS, Barefoot Beach Rentals hereby represents to Collier County that by virtue of an asset purchase agreement Barefoot Beach Rentals is the successor in interest to Recreational Facilities of America, Inc, in relation to the Agreement; and WHEREAS, the parties wish to formalize Barefoot Bcach Rentals' assumption of rights and obligations under the Agreement effective as of the date first above writtcn NOW THEREFORE, IN CONSIDERATION of the mutual promises in this Assumption Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, it is agreed as follows: I , Barefoot Beach Rentals accepts and assumes all rights, duties. benefits, and obligations of the Contractor under the Agreement, including all existing and future obligations to pay and perform under the Agreement. 2, Barefoot Beach Rentals will promptly deliver to County evidence of insurance consistent with Section 42 of the Agreement. 3, Except as expressly stated, no further supplcmcnts to, or modifications of, the Agreement are contemplated by the parties, 4, Notice required UDder the Agreement to be sent to Contractor shall bc directed to: CONTRACTOR: Stevcn R. Banks d/b/a Barefoot Beach Rentals 922 Sundrop Ct. Marco Island, FL 34145-2332 5_ The County hereby conscnts to Barcfoot Beach Rentals' assumption of the Agreement. No waivers of pcrformance or cxtensions of time to perform are granted or authorized, The County will treat Barefoot Beach Rentals as the Contractor for all purposes under the Agreement. Agenda Item No, 16023 November 18, 2008 Page 5 of 20 IN WITNESS WHEREOF. the undersigned have executed and delivered this Assumption Agreement, effective as of the date first above written. FOR COLLIER COUNTY: ATTEST: DWIGHT E, BROCK, Clerk BOARD OF COCNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk TOMHE~G,CHA~AN FOR STEVEN R. BANKS d/b/a BAREFOOT BEACH RENTALS: By: Steven R. Banks, Owner Attest: Corporate Secretary Date; Date: Approved as to fonn and legal sufficiency: ~~ By: Jeffrey A Klatzkow County Attorney 2 Agenda Item No. 16023 , November 18, 2008 Page 6 of 20 Contract # 00-3168 BAREFOOT BEACH CONCESSION AGREEMENT THIS AGREEMENT made effective this .J / day ot,~. 2001, A.D. between Collier County, a political subdivision of the State of Florida (~r called the "County") and Recreational Facilities of America, Inc., a Florida Corporation whose address is P,O. Box 8186, Naples, FL 34101 (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 Barefoot Beach, located at the southern end of Lely Beach Boulevard, 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 three (3) years, commencing on award by the Board of County Commissioners, and shall be renewable upon satisfactory performance by the Concessionaire, for an additional two (2) year initial period and one (1) separate additional period of five (5) years, under the same terms and conditions, subject to the subsequent approval of the Board of County Commissioners, The County Manager may extend this Agreement under all of the terms and conditions contained in this Agreement for up to one hundred twenty (120) additional days following expiration of the original five (5) year term, The County must give the Concessionaire written notice of its intention to extend the Agreement no less than ninety (gO) days prior to the end of the Agreement term then in effect. The Concessionaire shall notify the County in writing within sixty (60) days prior to the end of the respective Agreement term then in effect of Concessionaire's intention whether or not to accept the extension, b, FACILITIES, The County shall provide to the Concessionaire the use of the following facilities and space at the area known as Barefoot Beach: 1, Under the canopy at the bath house facility as per attached Exhibit" A" , Pages A-1 and A-2, and incorporated herein by reference, 2, If needed by Concessionaire, space to store one (1) refrigerator or freezer in the room by the soda machine, 3, The Concessionaire shall have the use of the beachfront, in accordance with the lirnitations of paragraph 1 [c] below. The Concessionaire may construct a building at an approved location on the beach, providing all proper permits are obtained prior to construction, including, but not limited to state and local agencies, Design of any structures shall be approved prior to construction by the Parks and Recreation Director or their designee, 4, Any improvements made for the benefit of the Concessionaire shall be paid for by the Concessionaire, Agenda Item No. 16023 'November 18, 2008 Page 7 of 20 c, USES. The Concessionaire is authorized to conduct the following types of business and to provide the following services, and only such business and services, at the location as set forth below: 1, Food and Beveraae Service. The sale of food and/or beverages, and ice cream products from pushcarts at the pavilion area, or other vehicles authorized by the County, or permanent designated locations on the beachfront in accordance with the provisions of this Agreement subject to approval by the Parks & Recreation Director or their designee. The vending machines operated by the Parks & Recreation Department shall remain at Barefoot Beach, 2. Sale and/or Rental of Related Beach Items and Sundries. Shall include but not be limited to: umbrellas, chairs, hammocks, tubes, rafts, floats, cabanas, caps, shirts, jewelry and beach related sundries including lotion, and any other lawful activity approved in writing by the Director of the Parks and Recreation Department or their designee, 3. Concessionaire shall have the riaht to use the Parks and Recreation canoes for rental purposes when not in use by guided tours, Parks and Recreation shall supply a tour schedule to Concessionaire on a monthly basis. 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, 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 8186 Naples, FL 34101 Attn: Anthony J. Smith All notices from the Concessionaire to the County shall be deemed served if mailed by registered mail to the County at the follOWing address: Collier County Parks and Recreation Department 3300 Santa Barbara Boulevard Naples, Florida 34116 Attention: Director 3. NOT A LEASE, No part, parcel, building structure, equipment or space is leased to the Concessionaire. The corporation is a concessionaire and not a lessee, 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, 2 Agenda Item No. 16023 'November 18,2008 Page 8 of 20 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. The County agrees to provide the assigned facilities in their" as is" condition and to perform necessary exterior maintenance on the facilities assigned to the Concessionaire as well as to maintain the below ground level connection lines for water and sewer utilities, Exterior maintenance of the facilities does not include daily removal of litter from the concession facility, 7, TRASH. RUBBISH AND GARBAGE, The County shall provide all garbage, trash and rubbish receptacles within the confines of its area, Dumping of concessionaire's receptacles and removal of trash, rubbish and garbage to the dumpster shall be the responsibility of the County, The Concessionaire agrees to perform daily removal of litter by 9:00 a,m. in the immediate exterior beach concession area, fifty (50) feet in diameter. The County shall supply a minimum of two (2) trash receptacles to the Concessionaire, The County shall be responsible for durnping receptacles in the dumpster. 8, RESTROOM CLEANING, The County shall be responsible for daily cleaning of restroorn areas, Concessionaire agrees to perform emergency cleanup in situations where Park personnel are not available, 9, USE OF THE FACILITIES IS PRIMARY, Barefoot Beach is for the use of the public for recreational and other public purposes and the public's right to such use shall not be infringed upon by any activity of the Concessionaire, However, this does not preclude the Concessionaire frorn scheduling promotional events which might temporarily limit access to the event site, subject to the prior written approval for each event by the Director of Parks and Recreation or their designee, 10, SECURITY. The Concessionaire must provide at its expense any security measures to protect its area, equiprnent and materials. Such security measures may not violate any other restrictiDn(s) of this Agreement. 3 Agenda Item No. 16023 Novem6er 18, 2008 Page 9 of 20 11, 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. Govemment. 12, CONSIDERATION. The Concessionaire shall remit to the County, as consideration for this Agreement, a percentage of the total gross revenue (adjusted for items retumed) of the Concessionaire's business, including the sale of food, beverage, and sundry concession operation as follows: Five hundred dollars ($500.00) per month minimum or twelve percent (12%) of gross total concession sales, whichever is greater. The percentage shall be based on total gross revenues cumulative year-to-date. Said payments shall be tendered to the County by the 15th of each month for the preceding month, and such payments shall be accompanied by a statement of gross receipts for the preceding month. The applicable Florida State Sales Tax on payments to the County as per this Agreement shall be added to the Concessionaire's payment and forwarded to the County as part of said payments, The County is to receive its revenue payment as net, free and clear of all costs and charges arising from, or related to Concessionaire's obligations under this Agreement and that the guarantee or the percentage of total gross revenues be paid monthly, The term "gross revenue" or "gross receipts" means all incorne 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 County Finance Department 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, In the event the County chooses to renew the Agreement for one additional five (5) year period, the renewal shall be subject to final approval by the Board of County Commissioners, 13, UTILITIES, The County shall pay for charges of utilities to the designated premises including, but not limited to, charges for water, sewer, and electricity during the term of this 4 Aaenda ItellJ No. 16023 - 'November 18, 2008 Page 10 of 20 Agreement Any utilities that are for the benefit of the Concessionaire shall be paid by the Concessionaire, Le, telephone. 14, 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 no later than fifteen (15) days after the close 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 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. 15. FORCE MAJEURE. If closure of the facilities or loss of equipment is due to fire damage, flood, civil disorders, act of nature, etc" to some but not all of the facilities and equipment, the County will allow pro rata adjustment of monthly payments up to the time such damage is repaired. 16, CONCESSIONAIRE NOT TO REMOVE PROPERTY, Concessionaire shall not remove from the Barefoot 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 rernoved 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 Barefoot 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 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 rnay sell such personal property and reimburse itself for such costs and expense, plus all expenses of the sale, 17, 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 five (5) business days after the County's notice to do so is received by Concessionaire all at no cost to the County unless otherwise agreed to in writing by the Parks & Recreation Director or their designee, Concessionaire shall use electronic point-af-sale cash control equipment for the proper control of cash payments, Cash register tapes must be maintained and made available to the County upon dernand during the entire term of Agreement All electronic cash control 5 equipment and accounting Finance Department. Age.nda Item No. 16023 November 18, 2008 Page 11 of 20 procedures shall be with the approval of the Collier County 18. COOPERATION, The Concessionaire agrees to cooperate with the County in the conduct of surveys and to provide reports of visitor usage of 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. 19, INSPECTION, The concession facilities and premises may be inspected at any time by a authorized representatives of the Director of the Parks and Recreation Department 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, 20, 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. 21. 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, 22, 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, 23, 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. .. 24, 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 who 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, 25, HOURS OF OPERATION, For the initial year of operation, at a minimum, the concession shall be open and properly staffed seven (7) days per week, twelve (12) months per year, from 9:00 a,m, to 5:30 p,m., including holidays, weather permitting. Food Concession shall be provided at a minimum between the hours of 10 a,m, to 3:00 p,m. In subsequent 6 Agenda Item No, 16023 'November 18, 2008 Page 12 of 20 years, Concessionaire may request permission to close during the last two (2) weeks of August and/or, the months of September and/or October from the Parks and Recreation Director or their designee. Holidays shall include at a minimum: Memorial Day, Fourth of July, Labor Day, Thanksgiving and the Friday after Thanksgiving, The Concessionaire may 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, 26. 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, Dr 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, 27, 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, Vending machine and concession items shall be comparably priced, All prices must be displayed and visible by the Concessionaire's customers, All such prices and fees must be approved in writing by the Director of Parks and Recreation or designee, The Concessionaire shall rent or sell only those items approved in writing by the Director of Parks and Recreation, 28, 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. 29, DEFAULT AND TERMINATION, If the Concessionaire fails to comply with ar1Y 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. 30, 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, 31, 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 7 Agenda Itef(! No. 16023 November 18, 2008 Page 13 of 20 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, 32, COUNTY CONTROLS OF BAREFOOT BEACH CONCESSION, Nothing in this Agreement will preclude the County from using the public areas of Barefoot Beach for public and/or civic purposes as deemed necessary by the Director of Parks and Recreation. 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 for vehicle parking. Concessionaire shall have the right to use vehicles (A TV) on the beach only as necessary for the purpose of loading and unloading its equipment and supplies, All vehicles (A TV) that are to be used on the beach must have prior written approval of the Collier County Environmental Services and the Parks and Recreation Director or their designee and any other appropriate agency, Any County approved rental of equipment which requires the concessionaire to have an on-site chase boat shall be made upon the prior written approval of the Parks & Recreation Director or their designee, 34, STORAGE, Concessionaire shall not allow any overnight storage of any kind on the beach unless approved in writing by the Parks and Recreation Director or their designee, and is contingent upon approval of the appropriate perrnitting agency, 35, CONTAINERS, The sale of iterns in glass containers is not permitted, The use of straws is also prohibited, 36, STORM WARNING. Upon the declaration of a hurricane watch or the implementation of evacuation procedures frorn Collier County, Concessionaire shall remove all perishable goods from the concession and properly secure the site for hurricane approach, 37, AGREEMENT BETWEEN CONCESSIONAIRES, In the event there is more than one concessionaire located in the same park, beach, or other recreational area, the concessionaire(s) shall enter into a separate agreement with the other concessionaire(s) outlining each of their respective responsibilities, These responsibilities shall include, but not be limited to, cleaning and maintenance of the common areas, picking up litter, dumping of trash receptacles, and any other activity that may require the joint cooperation of the concessionaire(s), Said agreement shall be subject to the approval of the Director of Parks and Recreation, 38, JURISDICTIONAL DISPUTES, Any dispute concerning the Concessionaire's rights under this Agreement versus other concessionaires' rights under other agreements with the County shall be submitted in writing to the Director of Parks and Recreation. 39. FLORIDA LAW. This Agreement shall be governed by and construed in accordance with the Law of the State of Florida, 8 Aoenda Item ~Jo. 16023 - 'November 18. 2008 Page 14 of 20 40. 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, 41, INDEMNIFICATION. The Concessionaire agrees to protect, defend, indemnify and hold the County of Collier and its officers, employees and agents free and hanmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings or causes of action of every kind and character in connection with or arising directly or indirectly out of this Agreement andlor the performance thereof. Collier County will be responsible for its sole negligence, 42, INSURANCE, Before commencing work of any kind, (1) the Concessionaire shall procure the following insurance with insurance companies licensed in the State of Florida, and (2) shall file evidence of such insurance with Collier County's Risk Manager. A. Commercial General Liabilitv: Coverage shall have minimum limits of $500.000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability, This shall include Prernises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability, B, Automobile Liabilitv: Coverage shall have rninimum limits of $300.000 per occurrence, C, 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 30 days prior to any expiration date, There shall be a 30 day notification to the County in the event of cancellation Dr modification of any required insurance coverage, Concessionaire shall insure that all of its subcontractors comply with the sarne insurance requirements that Concessionaire is required to meet The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions, 43, 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. 44, 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 9 Agenda Item No. 16023 'November 18, 2008 Page 15 of 20 set out verbatim: All Insurance Certificate; RFP 00-3168, and Performance Bond. In the event that the Terms and Conditions of the Request for Proposal are perceived or found to be in conflict with the Terms and Conditions of the Barefoot Beach Concession Contract, the Terms and Conditions of the Contract shall take precedence. Continued on next page....,. to Agenda Item No. 16023 November 18, 2008 Page 16 of 20 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,: ", , Daie'd:'j ~'3 i:;.. cd:\,:: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By, ~RMAN Inc. ". ':~~.,;'~ AtTEST: " ~: '~ DWI,GHT E, BROCK; eLERK OF COURTS By:'~~D.Q.. . ...., .' } "At,test'. to Chll!'llan's slgn.'tul'e only. ~!?j[~' t rt; First Wltn ss By: (V)Ur,NA f1, S""'T1" tType/print witness namet ~~~~/~/ Second Itness AtJ-rH"~7l :T. 3M 'TH Printed name f President -p L. 1/ H/ilSEd tType/print witness namet CORPORATE SEAL Approved as to form and "g~ /! ~ Robert N, Za ary Assistant County Attorney 11 I I II II 111-1 I ~IIJ I ^' f I ' ~I 'I' . 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'- IIJ_ "L~ , N'o 16023 Agenda Ite~er 18, 2008 -Novem 18 oPO Page _ ~ COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL CONTRACT ADMINISTRATION PURCHASING BUILDING ADMINISTRATIVE SERVICES DMSION NAPLES, FLORIDA 34112 (239) 252-8375 FAX (239) 252-6597 Agenda Item No, 16023 November 18, 2008 Page 19 of 20 November 3, 2008 Anthony J, Smith Recreational Facilities of America, inc, P,O, Box 8186 Naples, FL 34101 Re: Renewal of Contract #00-3168 "Barefoot Beach Concession Agreemenf' Dear Mr, Smith: Your contract with Collier County was 8cheduled to expire on August 30, 2004, We are requesting a renewal of this contract for an additional two (2) years, The revised contract expiration date is August 30, 2006. If you are agreeabie to the renewal of the referenced contract, please indicate your intentions by providing the appropriate information as requested below: L I am agreeable to renewing the contract for Barefoot Beach Concession for the time period indicated under the same terms and conditions as the existing contract I am not agreeabie to the renewal of this contract Your prompt attention is urgently reque8ted, Please return this ietter to the Purchasing Department with your response as soon as possible, You may fax your response to: 239-252-6597, If you have any questions you may contact me at 239-252-8375, Very truly yours, ,n ~- ~~+<-- Diana ueteon Contract Technician By: Ignature " ) A J SlYI 117-1 Typed Name and Titie (Corporate Officer) Date: II a", ;ZC)O~ J , _ 1Ii./OSIIJtNI /ZP'A'''Ic, C: Murdo Smith, Parks & Rec. ~ COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL CONTRACT ADMINISTRATION PURCHASING BUILDING ADMINISTRATIVE SERVICES DIVISION NAPLES, FLORIDA 34112 , (239) 252-8375 FAX (239) 252-6597 Agenda Item No. 16023 November 18, 2008 Page 20 of 20 November 3, 2008 Anthony J, Smith Recreational Facilities of America, Inc, P,O. Box 8186 Naples, FL 34101 Re: Renewal of Contract #00-3168 "Barefoot Beach Concession Agreement" Dear Mr, Smith: Your contract with Collier County was scheduled to expire on August 30, 2006, We are requesting a renewal of this contract for an additional five (5) years, The revised contract expiration date is August 30,2011. If you are agreeable to the renewal of the referenced contract, please indicate your intentions by providing the appropriate infonTation as requested below: L I am agreeable to renewing the contract for Barefoot Beach Concession for the time period indicated under the same terms and conditions as the existing contract I am not agreeable to the renewal of this contract Your prompt attention is urgently requested. Please return this letter to the Purchasing Department with your re8ponse as soon as possible, You may fax your response to: 239-252-6597. If you have any questions you may contact me at 239-252-8375, ve,!:P'J:You~S, ') () 'i3iifa6e Leon ~~- Contract Technician Accepta erica, Inc. Signature / A J Srnl.d Rf:A ,,.;c.. PRr's,kAf" iyped Name and Title (Corporate Officer) Date: j I 0':' coZ.OC"J,q C: Murdo Smith, Parks & Rec.