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Agenda 12/10/2019 Item #16D 9 (Agmt. #09-5247 Extension - Tigertail Beach Concessions)12/10/2019 EXECUTIVE SUMMARY Recommendation to approve an extension to Agreement No. 09-5247, Tigertail Beach Food & Beach Concessions with Recreational Facilities of America, Inc., for a period of six months or until a new contract is awarded. OBJECTIVE: To provide continued service for beach rental and food concession services to patrons at Tigertail Beach. CONSIDERATIONS: On May 9, 2019, the Procurement Services Division released Request for Proposal 19-7608 to eight thousand eight hundred forty-five (8,845) vendors for the “Tigertail Beach Concession Services” project. Interested vendors downloaded eighty-one (81) bid packages, and the County received two (2) proposals by the June 13, 2019 deadline. A selection committee convened on July 18, 2019, and recommended the award go to Zack’s Food Cart Ministry Catering, Inc. On August 9, 2019, the Procurement Services Division received a bid protest from Recreational Facilities of America, Inc., protesting the award to Zack’s Food Cart Ministry Catering, which was denied by the Procurement Services Director on September 16, 2019. Following an appeal of the denial of the bid protest, the Procurement Director in consultation with staff made the decision to cancel the solicitation (as allowed in Collier County Ordinance No. 2018-08, Section 12: Reserved Rights, subsection 2.a) on November 20, 2019, with the intent to revisit and revise the selection criteria and re-solicit for this service in the near future. The proposed extension allows for the uninterrupted continuation of services to Tigertail Beach patrons while a new solicitation and resulting proposed agreement can be brought back to the Board for consideration. The recommended extension of the current agreement with Recreational Facilities of America, Inc., will extend the current expiration date of January 11, 2020, to July 9, 2020, or until a new contract is awarded, whichever is sooner. A copy of a letter agreement signed by Recreational Facilities of America, Inc., agreeing to the proposed extension is attached. FISCAL IMPACT: Recreational Facilities of America is providing a revenue-sharing plan of a monthly concession commission of 13% of gross sales or $500 per month, whichever is greater. Revenue is budgeted in cost center 156364 within the Parks and Recreation Division General Fund (001) budget. GROWTH MANAGEMENT IMPACT: There are no impacts on the Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. - SRT RECOMMENDATION: To approve an extension to Agreement No. 09-5247, Tigertail Beach Food & Beach Concessions with Recreational Facilities of America, Inc., for a period of six months or until a new contract is awarded. Prepared by: Matthew Catoe, Operations Analyst, Parks and Recreation Division ATTACHMENT(S) 1. 09-5247 RecreationalFac Contract (PDF) 2. 09-5247 RecreationalFac_BoardExtension (PDF) 3. 09-5247 RecreationalFac_InsuranceGL (PDF) 4. 09-5247 RecreationalFac_COI_WorkersComp (PDF) 16.D.9 Packet Pg. 2236 12/10/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.9 Doc ID: 10834 Item Summary: Recommendation to approve an extension to Agreement No. 09-5247, Tigertail Beach Food & Beach Concessions with Recreational Facilities of America, Inc., for a period of six months or until a new contract is awarded. Meeting Date: 12/10/2019 Prepared by: Title: Operations Analyst – Parks & Recreation Name: Matthew Catoe 11/12/2019 2:56 PM Submitted by: Title: Division Director - Parks & Recreation – Parks & Recreation Name: Barry Williams 11/12/2019 2:56 PM Approved By: Review: Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 11/21/2019 10:17 AM Parks & Recreation Ilonka Washburn Additional Reviewer Completed 11/21/2019 11:42 AM Procurement Services Barbara Lance Additional Reviewer Completed 11/21/2019 11:46 AM Parks & Recreation Barry Williams Additional Reviewer Completed 11/21/2019 1:11 PM Procurement Services Ted Coyman Additional Reviewer Completed 11/21/2019 2:51 PM Procurement Services Michael Cox Additional Reviewer Skipped 11/21/2019 3:15 PM Public Services Department Kimberley Grant Level 1 Reviewer Completed 11/21/2019 5:08 PM Public Services Department Joshua Hammond Level 1 Division Reviewer Completed 11/22/2019 7:25 AM Procurement Services Priscilla Doria Additional Reviewer Completed 11/22/2019 8:31 AM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 11/22/2019 8:43 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/22/2019 9:37 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/22/2019 10:21 AM County Attorney's Office Scott Teach Additional Reviewer Completed 11/22/2019 3:14 PM Budget and Management Office Ed Finn Additional Reviewer Completed 11/22/2019 4:02 PM County Manager's Office Sean Callahan Level 4 County Manager Review Completed 11/25/2019 9:51 AM Board of County Commissioners MaryJo Brock Meeting Pending 12/10/2019 9:00 AM 16.D.9 Packet Pg. 2237 16.D.9.a Packet Pg. 2238 Attachment: 09-5247 RecreationalFac Contract (10834 : Extend agreement 09-5247 Tigertail Beach Food & Beach Concessions) 16.D.9.a Packet Pg. 2239 Attachment: 09-5247 RecreationalFac Contract (10834 : Extend agreement 09-5247 Tigertail Beach Food & Beach Concessions) 16.D.9.a Packet Pg. 2240 Attachment: 09-5247 RecreationalFac Contract (10834 : Extend agreement 09-5247 Tigertail Beach Food & Beach Concessions) 16.D.9.a Packet Pg. 2241 Attachment: 09-5247 RecreationalFac Contract (10834 : Extend agreement 09-5247 Tigertail Beach Food & Beach Concessions) 16.D.9.a Packet Pg. 2242 Attachment: 09-5247 RecreationalFac Contract (10834 : Extend agreement 09-5247 Tigertail Beach Food & Beach Concessions) 16.D.9.a Packet Pg. 2243 Attachment: 09-5247 RecreationalFac Contract (10834 : Extend agreement 09-5247 Tigertail Beach Food & Beach Concessions) 16.D.9.a Packet Pg. 2244 Attachment: 09-5247 RecreationalFac Contract (10834 : Extend agreement 09-5247 Tigertail Beach Food & Beach Concessions) 16.D.9.a Packet Pg. 2245 Attachment: 09-5247 RecreationalFac Contract (10834 : Extend agreement 09-5247 Tigertail Beach Food & Beach Concessions) 16.D.9.a Packet Pg. 2246 Attachment: 09-5247 RecreationalFac Contract (10834 : Extend agreement 09-5247 Tigertail Beach Food & Beach Concessions) 16.D.9.a Packet Pg. 2247 Attachment: 09-5247 RecreationalFac Contract (10834 : Extend agreement 09-5247 Tigertail Beach Food & Beach Concessions) 16.D.9.a Packet Pg. 2248 Attachment: 09-5247 RecreationalFac Contract (10834 : Extend agreement 09-5247 Tigertail Beach Food & Beach Concessions) 16.D.9.a Packet Pg. 2249 Attachment: 09-5247 RecreationalFac Contract (10834 : Extend agreement 09-5247 Tigertail Beach Food & Beach Concessions) 16.D.9.a Packet Pg. 2250 Attachment: 09-5247 RecreationalFac Contract (10834 : Extend agreement 09-5247 Tigertail Beach Food & Beach Concessions) 16.D.9.a Packet Pg. 2251 Attachment: 09-5247 RecreationalFac Contract (10834 : Extend agreement 09-5247 Tigertail Beach Food & Beach Concessions) 16.D.9.b Packet Pg. 2252 Attachment: 09-5247 RecreationalFac_BoardExtension (10834 : Extend agreement 09-5247 Tigertail Beach Food & Beach Concessions) 16.D.9.b Packet Pg. 2253 Attachment: 09-5247 RecreationalFac_BoardExtension (10834 : Extend agreement 09-5247 Tigertail Beach Food & Beach Concessions) 16.D.9.c Packet Pg. 2254 Attachment: 09-5247 RecreationalFac_InsuranceGL (10834 : Extend agreement 09-5247 Tigertail Beach Food & Beach Concessions) 16.D.9.c Packet Pg. 2255 Attachment: 09-5247 RecreationalFac_InsuranceGL (10834 : Extend agreement 09-5247 Tigertail Beach Food & Beach Concessions) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) INSURER(S) AFFORDING COVERAGE NAIC # PRODUCER INSURED INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : COVERAGES TYPE OF INSURANCE POLICY NUMBER LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: LOCPOLICY OTHER: EACH OCCURRENCE MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG $ $ $ $ $ $ AUTOMOBILE LIABILITY ANY AUTO $ $ $ $ OCCUR CLAIMS-MADE DED RETENTION $ EACH OCCURRENCE AGGREGATE E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION $ $ $ $ $ Y/N CONTACT NAME: PHONE (A/C, No, Ext): E-MAIL ADDRESS: FAX (A/C, No): CERTIFICATE NUMBER:REVISION NUMBER: $ UMBRELLA LIAB EXCESS LIAB AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD $ INSURER F : $ N/A SCHEDULED AUTOS NON-OWNED AUTOS ONLY OWNED AUTOS ONLY HIRED AUTOS ONLY 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 LTR ADDL INSD POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) PRO- JECT DAMAGE TO RENTED PREMISES (Ea occurrence) COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below PER STATUTE OTH- ER SUBR WVD 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). SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 11/05/2019 PAYCHEX INSURANCE AGENCY INC 150 SAWGRASS DR ROCHESTER, NY 14620 (877) 362-6785 (877) 362-6785 (877) 677-0447 paychex@travelers.com RECRECATIONAL FACILITIES OF AMERICA, INC 490 HERNANDO DR MARCO ISLAND, FL 34145 THE TRAVELERS INDEMNITY COMPANY OF AMERICA 365003831251903 A UB-6N974446-19 10/27/2019 10/27/2020 X 100,000 100,000 500,000 COLLIER COUNTY BOARD OF COMMISSIONER 3295 E TAMIAMI TRAIL NAPLES, FL 34112 16.D.9.d Packet Pg. 2256 Attachment: 09-5247 RecreationalFac_COI_WorkersComp (10834 : Extend agreement 09-5247 Tigertail Beach Food & Beach Concessions)