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Agenda 05/26/2020 Item #16C 4 (Terminate Agmt. #17-7108 w/Zacks)05/26/2020 EXECUTIVE SUMMARY Recommendation to terminate Agreement No. 17-7108 with Zack’s Food Cart Ministry Catering, Inc., for convenience. OBJECTIVE: To obtain the Board’s approval to terminate Agreement No. 17-710 with Zack’s Food Cart Ministry Catering, Inc. (“Zack’s”), for convenience. CONSIDERATION: On July 11, 2017 (Agenda Item 16.C), the Board awarded Zack’s Agreement No. 17-7108, Food & Beverage Concession for Collier County (the “Agreement”). The Agreement states at Section 11- Consideration, that the Concessionaire shall remit to the County a percentage of the total gross revenue of the business tendered to the County by the fifteenth day of each month for the preceding month. On February 7, 2020, staff from Facilities Management, PUD’s Financial group, Parks and Recreation, and Procurement held a meeting with Zack Young, President of Zack’s, to discuss default in remitting its monthly payment and agreed upon a payment plan that would allow Zack’s to get current with its payments by March 15, 2020. On March 27, 2020, Facilities directed Zack’s to temporarily suspend operations at the Government Center upon being notified that one of its employee’s tested positive for COVID-19. At that time, Zack’s payments were current through the end of January, but it still owed payments for February and March 2020. On April 15, 2020, the same group of County staff met again with Zack Young. Mr. Young stated in this meeting that the Courthouse location has not been profitable, primarily due to high overhead costs including but not limited to labor, food and insurance, all of which caused him to fall behind in his payments. Those factors, along with the requirement to cease operations due to the COVID-19 outbreak, led him to seek to terminate the Agreement to provide services at the Courthouse location. The attached April 20, 2020, email letter from Mr. Young summarizes his reasons for requesting termination of the Agreement. Zack’s also provides concessionaire services at the following two locations: Barefoot Beach and North Collier Regional Park. Those facilities have also been impacted by the COVID-19 closings, but Zack’s intends to continue operations at those sites when permitted. Notwithstanding the revenue deficiency at the Courthouse location, Zack’s has been a productive vendor at all three sites. Mr. Young acknowledges the balance Zack’s owes the County in his attached email letter and states that he is committed to repaying those funds in time, pending the reopening of his other County-contracted locations. The current balance owed the County for the months of February and pro-rated through March 27th is $3,924.09. Subject to the Board’s approval, the Facilities Management Division prepared the attached notice of termination letter to Zack’s Food Cart Ministry Catering, Inc., memorializing the termination of Agreement No. 17-7108 effective May 1, 2020, as requested in Mr. Young’s April 20th email letter. Facilities is in the process of re-soliciting an Agreement with a new vendor to have on the main campus to replace Zack's. FISCAL IMPACT: Mr. Young has acknowledged the above remaining sum of $3,924.09 owed to the County for the months of February and March 2020 prior to the suspension of services due to COVID-19. There shall be no further sums charged in late fees during the pandemic shut down. Concessionaire shall have 90 days from the time that his other concession locations open back up to pay the sums due into Miscellaneous Florida State Statute Fund (190) for snack bar operations. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.-SRT 16.C.4 Packet Pg. 479 05/26/2020 GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: That the Board approves the termination for convenience of Agreement No. 17-7108 with Zack’s Food Cart Ministry Catering, Inc., as recommended above, and authorize the County Manager or his designee to sign and direct the termination letter to the vendor. Prepared By: Kathleen Sibert, Operations Analyst, Facilities Management Division ATTACHMENT(S) 1. 17-7108 - Terminaton Letter Draft 050120 (PDF) 2. [Linked] 17-7108 Contract w Addendum (PDF) 3. Zacks Termination of contract 17-7108 (PDF) 16.C.4 Packet Pg. 480 05/26/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.4 Doc ID: 12366 Item Summary: Recommendation to terminate Agreement No. 17-7108 with Zack’s Food Cart Ministry Catering, Inc., for convenience. Meeting Date: 05/26/2020 Prepared by: Title: – Facilities Management Name: Kathleen Sibert 05/12/2020 7:09 AM Submitted by: Title: Director - Facilities Management – Facilities Management Name: Damon Grant 05/12/2020 7:09 AM Approved By: Review: Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 05/12/2020 8:06 AM Public Utilities Department Dan Rodriguez Additional Reviewer Completed 05/12/2020 8:37 AM Procurement Services Sue Zimmerman Additional Reviewer Completed 05/12/2020 8:39 AM Procurement Services Sandra Herrera Additional Reviewer Completed 05/12/2020 9:09 AM Facilities Management Damon Grant Director - Facilities Completed 05/12/2020 9:34 AM Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 05/12/2020 9:45 AM Public Utilities Operations Support AmiaMarie Curry Additional Reviewer Completed 05/12/2020 9:57 AM Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 05/12/2020 10:50 AM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 05/12/2020 11:08 AM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 05/12/2020 11:29 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/12/2020 1:13 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/13/2020 11:44 AM Budget and Management Office Ed Finn Additional Reviewer Completed 05/13/2020 2:26 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 05/18/2020 9:24 AM Board of County Commissioners MaryJo Brock Meeting Pending 05/26/2020 9:00 AM 16.C.4 Packet Pg. 481 May 26, 2020 Zackary Young, President Zack’s Food Cart Ministry Catering, Inc. 717 99th Avenue N. Naples, FL 34108 Via Email: zryoung9@aol.com RE: Agreement No. 17-7108 “Food & Beverage Concession for Collier County” (the “Agreement”) Notice to Terminate for Convenience Dear Mr. Young: This letter will serve as the 30-day Notice to Terminate for Convenience the above-reference Agreement, effective May 1, 2020 (as requested by the Zack’s Food Cart Ministry Catering, Inc.) pursuant to the provisions of Section 31 of the Agreement. 31. DEFAULT AND TERMINATION. If the Concessionaire fails to comply with any of the terms and conditions hereof and such default is not cured within seven (7) days after written notice is given to the Concessionaire, the County may terminate this Agreement and revoke the privilege of the Concessionaire to come upon the County's property for purposes for which the concession was granted and may oust and remove all parties who may be present, or may occupy any part of the premises for the purpose of exercising any rights so revoked. In the event of any violation of this Agreement by the Concessionaire, or if the Director of Facilities Management or Designee, shall deem any conduct on the part of the Concessionaire to be objectionable or improper, the County shall have the right to suspend the operation of the concession should the Concessionaire fail to promptly correct any such violation, conduct, or practice to the satisfaction of the Director of Facilities Management or Designee. The Concessionaire shall not commence operation during such suspension until the violation has been corrected to the reasonable satisfaction of the Director of Facilities Management or Designee. The Agreement may be terminated by the County immediately due to any material breach of this Agreement, including, but not limited to, failure of the Concessionaire to maintain the approved hours of operation or failure of the Concessionaire to provide a receipt to each customer for every transaction. The County shall be sole judge of non-performance. Further the County may terminate this Agreement for its convenience by giving the Concessionaire not less than a thirty (30) day written notice 16.C.4.a Packet Pg. 482 Attachment: 17-7108 - Terminaton Letter Draft 050120 (12366 : Recommendation to terminate Agreement No. 17-7108 with Zack’s Food Cart of such intent. During the notification period, both parties agree to meet its respective contractual obligations in good faith. In the event that the County terminates this Agreement, Concessionaire’s recovery against the County shall be limited to that portion of the Contract Amount earned through the date of termination. The Concessionaire shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any loss of anticipated fees and profits. The recommendation to terminate the Agreement will be presented to the Board of County Commissioners at its May 26th meeting with an effective date of May 1, 2020. It is expected that Zack’s will continue to engage with County staff to address the future payment of any remaining sums owed to the County under the Agreement; and the recommendation to terminate for convenience does not constitute a waiver of Zack’s payment to the County. Should you have any questions regarding this termination notice please contact me at (239) 252- 8034. Respectfully, Sue Zimmerman, CPM Procurement Manager - Contracts c: Damon Grant, Director of Facilities Management Sandra Herrera, Procurement Director Katie Sibert, Operations Analyst, Facilities Management 16.C.4.a Packet Pg. 483 Attachment: 17-7108 - Terminaton Letter Draft 050120 (12366 : Recommendation to terminate Agreement No. 17-7108 with Zack’s Food Cart Agreement # 17-7108 Food & Beverage Concession for Collier County THIS AGREEMENT made effective this day of _, 20 , between Collier County, a political subdivision of the State of Florida (hereinafter called the "County") and Zack's Food Cart Ministry Catering Inc., a Florida Corporation with offices at 717 99tn Avenue N. Naples, Florida 34108 (hereinafter called "Concessionaire" or "Contractor"). 1. TERM. This Agreement shall be for an initial period of five (5) years, commencing on August 14, 2017. The County may, at its discretion and with the consent of the Concessionaire, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Concessionaire written notice of the County's intention to renew the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. The County Manager or designee may. extend this Agreement for up to one hundred eighty (180) additional days following expiration of the original. 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. STATEMENT OF WORK. The County hereby grants to the Concessionaire, and the Concessionaire hereby accepts from the County, subject to the exceptions and conditions hereinafter set forth, the privilege to operate the following described concessions at the Collier County Government Center located at 3307 Tamiami Trail East, Naples, Florida, 34112 in conformance with the purposes and for the periods stated herein and subject to all terms and conditions hereinafter set forth. A. FACILITIES. The County shall provide to the Concessionaire the use of the following approved Concession Operations Areas ("COA") facilities at 3307 Tamiami Trail East, Naples, Florida, 34112. B. 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 approved'COA and as set forth below: 1. Food and Beverage Sale. The Concessionaire will provide food service, beverage, and miscellaneous sales operations for a monthly commission of 20% of gross sales returned to the County as outlined in Section 11 of this Agreement. The County will allow Concessionaire and their employees the ability to operate within the facility in a safe and orderly manner. In addition, the Concessionaire is expected to start operations at a minimum of thirty -minutes prior to the scheduled starting time. The recommended service time for the successful Concessionaire is an average of sixty (60) seconds per customer. C. PRICES. The Concessionaire agrees that prices and fees charged for concession services will be competitive within the local market. The Concessionaire will strive to price healthier food items at the same price point or below price point of unhealthy food menu items offered. This will be monitored by the Director of Facilities Page 11 Agreement # 17-7108 Food & Beverage Concession for Collier County 2 Management .or Designee. 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 Facilities Management or Designee. The Concessionaire shall sell only those items approved in writing by the County. D. ADDITIONAL SERVICES/PRODUCTS. The Concessionaire may request in writing to sell additional products, or provide additional related services at any time during the term of the Agreement. The County reserves the right to accept, or reject, those additional products or services at its sole discretion. Should the County accept those additional products or services, the accounting of those sales shall be subject to the same terms and conditions and commission structure as identified in Section 11. The Director of Facilities Management or Designee, may authorize the Concessionaire to expand the services, provided such authorization is in writing. Additional services required may include: catering and delivery, emergency activations and events, training seminars or meetings, open houses, ground breaking ceremonies, dedications, special occasions, County picnics, employee appreciation lunches, and other events or locations deemed necessary. This Agreement does not provide exclusivity for these services. 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: Zack's Food Cart Ministry Catering Inc. 717 99t" Avenue N. Naples, Florida 34108 E-mail: zryoung9@aol.com Attention: Zackary R. Young, President All notices from the Concessionaire to the County shall be deemed served if mailed, faxed, or e-mailed to the County at the following address: Collier County Board of County Commissioners c/o Facilities Management Division 3335 Tamiami Trail East, Suite 101 Naples, FL 34112-5356 Phone: 239-252-8380 Fax: 239-252-3795 E-mail: DennisLinguidi@colliergov.net Attention: Dennis Linguidi, Director of Facilities 3. NOT A LEASE. No part, parcel, building, structure, equipment or space is leased to the Concessionaire. The Concessionaire is not a lessee. The 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. Page 12 Agreement # 17-7108 ®jp Food & Beverage,Concession for Collier County 5. ASSIGNMENT. Concessionaire 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 Concessionaire does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Concessionaire all of the obligations and responsibilities that Concessionaire has assumed toward the County. 6. FACILITIES. The Concessionaire shall maintain sanitary, neat and safe facilities and orderly operations at all times to ensure a maximum value to guests. The Concessionaire acknowledges it is assuming responsibility for managing the COA in its current "as is" condition and in good order. 7. MAINTENANCE AND REPAIRS. The Concessionaire shall, to the satisfaction of the Director of Facilities Management or Designee provide normal and routine daily, monthly, and yearly maintenance of the facilities, designed to keep the premises and equipment in a good state of repair, free from hazardous conditions and deterioration, thus providing for the comfort and safety of visitors and patrons. The County will make and/or manage repairs including, but not limited to: landscaping: mowing, herbicide and pesticide application; exterior painting; sidewalks within the premises; exotic flora/faunal removal; and County, State, and Federal signage. Any improvements, including capital improvements, made for the benefit of the Concessionaire shall be paid for by the Concessionaire and approved in advance in writing by the Facilities Management or Designee. All capital improvements will become the property of Collier County at the end of the term of the Agreement. 8. TRASH RUBBISH AND GARBAGE. The County will provide all garbage, trash and rubbish receptacles within the confines of the concession operations areas, including a dumpster and enclosure. The Concessionaire shall be responsible for the pickup and removal of all rubbish, trash and garbage, including removal of trash from the concession area to the dumpster. The Concessionaire agrees to perform daily removal of litter in the immediate exterior area within fifty (50) feet of the concession. The County shall be responsible for the removal of all trash from the dumpster. The County may assess a monthly fee for its services and the County reserves its right to implement. The Concessionaire shall have a neat and orderly operation at all times and shall be solely responsible for necessary housekeeping on and around the COA. 9. UTILITIES. Water and electric service cost will be the responsibility of the County as there are not separate meters for the building. Any other utilities that are for the benefit of the Concessionaire shall be paid by the Concessionaire (ie WiFi, Telephone, Facsimile, etc). 10. PERMITS, LICENSES, TAXES. The Concessionaire shall obtain and pay for all permits and licenses necessary for the conducting of business and shall comply with all laws governing the responsibility of an employer with respect to persons employed by the Concessionaire. Appropriate licenses and permits shall include but not be limited i 3 g Agreement # 17-7108 Food & Beverage Concession for Collier County compliance with Health Department requirements including: Food Manager Certification; State of Florida Department of Business and Professional Regulation Food Service License; State of Florida Department Division of Corporations Registration; Resale Certification; and Safe Serve certified (certification form needs to be provided for all employees). The Concessionaire shall also be solely responsible for payment of any and all taxes levied on the concession operation or any other taxable activity on the premises. In addition, the Concessionaire shall comply with all existing and future applicable rules, regulations and laws of Collier County, the State of Florida, or the U.S. Government. 11, CONSIDERATION. The Concessionaire shall remit to the County, as consideration for this Agreement, a percentage of the total gross revenue of the Concessionaire's business, including any special event operations as follows: a firm fixed monthly concession commission of 20% or not less than one thousand dollars ($1,000) per month. Said payments shall be tendered to the County by the fifteenth (15th) of each month for the preceding month and such payments shall be accompanied by a Statement of Gross Receipts for the preceding month. Such Statement of Gross Receipts shall be certified as true, accurate and complete by the Concessionaire. 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 the percentage of total gross revenues will be paid monthly for the life of the Agreement. The term "gross revenue", "gross receipts" and/or "gross sales" means all income collected, accrued or derived by the Concessionaire under the privileges granted by this Agreement or other document entered into with the County, excluding amounts of any Federal, State or other tax collected by the Concessionaire from customers and required by law to be remitted to the taxing authority. The Concessionaire shall provide the County a copy of its State Sales and Use Tax Report, as prescribed by the State of Florida Revenue http://dorm fy lorida com/dor/taxes/sales tax.html#tab1. 12. DEFAULT IN PAYMENT. The monthly Statement 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 Facilities Management or Designee, to be received by the fifteenth (15th ) of each month. In the event the Concessionaire fails to pay this consideration within five (5) days of such due date, there shall be a late charge of ten percent (10%) per day added to the fees due. The County has no duty to notify the Concessionaire of its failure to remit any such payment or report. 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 terminate this Agreement. A monthly report as identified in Section 13 shall also be submitted to the Director of Facilities Management or Designee, by the fifteenth (15th) of each month. This report shall accompany the monthly Statement of Gross Receipts and shall be subject to audit. Concessionaire's failure to remit any such payment or produce the reports shall be considered a material breach of the Agreement. Page 14 Agreement # 17-7108i?� Food & Beverage Concession for Collier County 13. MONTHLY REPORTING REQUIREMENTS. The Concessionaire will be required to submit written monthly reports specific to COA by the fifteenth (15t") day of the following preceding month that contain the following stated below. Concessionaire's failure to produce these required monthly reports shall be considered a material breach of the Agreement. A. Certified Monthly Location Total Sales Report: By location, a summary report which identifies the total: • Monthly gross sales by category (i.e. food, beverage, ice cream/frozen, merchandise, etc.); • Tax dollars for the gross sales; • Gross Sales dollars less tax; • Credit card number of transactions and dollar amount; • Cash number of transactions and dollar amount; and, • A written certification statement which contains The following: "To the best of my knowledge, The Certified Monthly Location Total Sales Report, and any additional reports attached hereto, are accurate and reflect the sales and commission owed to the County." B. Daily Transaction Report: An itemized transaction report which identifies: • A transaction reference number that includes the category (i.e. food, beverage, ice cream/frozen, merchandise, etc.), the cost by item, related sales tax, the total of the individual transaction and the payment method (credit card or cash). The final page of the report should summarize the total number of transactions for that day, the dollar of cash transactions and the dollar total of credit card transactions. 14. OPERATIONS. The Concessionaire shall use point -of -sale (POS) electronic cash machines or other electronic accounting control equipment for the proper control of all payments. All sales transaction must be accompanied by a receipt to the customer. Daily Register receipts must be maintained and made available upon demand during the term of this Agreement. All electronic cash equipment and accounting procedures must be reviewed and approved by the Director of Facilities Management or Designee. All financial records are to be maintained during the entire term of this Agreement and for a period of five (5) years following the termination of this Agreement. The receipt/revenue records consist of records documenting specific receipts/revenues collected by an agency through cash, checks, electronic fund transfers (EFT), credit and debit cards, or other methods. This may include, but is not limited to, records such as cash collection records and reports, cash receipt books, cash register tapes, deposit/transfer slips, EFT notices, credit and debit card records, receipt ledgers, receipt journal transactions and vouchers, refund records, bad check records, and other accounts receivable and related documentation. The Concessionaire may sell any concessions desired as long as such items are permitted under Florida state law and the Concessionaire has obtained the proper licensing/tax permits for such sales and approved in writing by the Director of Facilities Management or Designee. Any and all alcoholic beverage sale and tobacco products are Page 15 Q19 Agreement # 17-7108 Food & Beverage Concession for Collier County not permitted. Any equipment necessary for the sale of concessions must be furnished and maintained by the Concessionaire. 15. FINANCIAL REVIEW, RECORDS, AUDIT. The Concessionaire shall provide, at its expense, an annual independent review of the Concessionaire's financial records. The purpose of this review is to substantiate that the County has been compensated in accordance with this Agreement. 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 a frequency determined by the County and communicated to the Concessionaire. The Concessionaire agrees to provide materials for the audit at the place designated by the County within three (3) business days after the County's notice to do so is received by Concessionaire, all at no cost to the County. 16. FORCE MAJEURE..If closure of the facilities or loss of equipment, of either or all facilities, is due to unforeseeable causes beyond the control of Concessionaire, and not due to its own fault or neglect, including but not restricted to, acts of nature or of public enemy, acts of government or of the County, fires, floods, hurricanes, civil disorder, epidemics, quarantine regulations, strikes or lock -outs, etc., the County will allow pro rata adjustment of monthly payments up to the time such damage is repaired and/or the loss of time related to the closure of the facilities. The County must be made aware of the time of closure within forty-eight (48) hours up to the time the damage is repaired or other circumstances return to normal. 17. CONCESSIONAIRE NOT TO REMOVE PROPERTY. Concessionaire shall not remove from the COA any personal property brought thereon or any replacements thereto by the Concessionaire for the purpose of this Agreement, except such items as may be removed with the express written permission of the Director of Facilities Management or Designee. Upon expiration of the term specified in Section 1, if the Concessionaire has made full payment under this Agreement, and has fully complied with the terms of this Agreement, Concessionaire may remove personal property from Collier County Government Complex and shall do so within fifteen (15) days following the expiration of this Agreement, provided such personal property 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 may sell such personal property and reimburse itself for such costs and expense, plus all expenses of the sale. 18. MARKETING. The Concessionaire shall actively market the Concessions programs at the Collier County Government Complex concessions. Proof of advertising such as written marketing programs and literature should be reviewed by the Director of Facilities Management or Designee, prior to distribution to the public and must be submitted two (2) weeks prior to the actual advertising date. Updates need to be provided to the Director of Facilities Management or Designee before advertisement changes are made. Any social media notices must be provided 24 hours in advance. Promotional incentives Page 16 Q Agreement # 17-7108 Food & Beverage Concession for Collier County and discounts will be discussed with the Director of Facilities Management or Designee prior to promotion. 19. COOPERATION. The Concessionaire agrees to cooperate with the County in the conduct of surveys and to provide reports of visitor usage of all concession services, as requested by the Director of Facilities Management or Designee. The Concessionaire will work with the County's Wellness Manager to provide healthy entree and snack items that meet the following guidelines: ®AII products purchased contain Og of Trans fats. ®AII individual items have <_ 480mg sodium per serving, unless otherwise indicated on menu board. ® No purchase of food products prepared by deep frying (unless pre -approved by Wellness). ®Whole grain options offered on menu. o Beverages: At least 50% of the beverage options must be made up of one or more of the following: o Water, including carbonated o Plain (no added flavor or sugar) non -fat or 1% low fat dairy milk, "light" yogurt (120 calorie) o Plant -derived milk (e.g. soy, rice, almond) with 130 or less calories per 8 oz serving o Low -calorie beverages that do not exceed 40 calories per 8 oz serving o Non -sweetened tea or coffee ® Entree Salads made with lean meats and low fat cheeses. e Vegetarian options such as turkey burgers, bean burgers, or hummus and vegetable wraps or flatbreads. • No alcohol related products and/or advertisement. 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. 20. INSPECTION. The Concessionaire shall, to the satisfaction of the Director of Facilities Management or authorized representative provide normal and routine inspections, per a mutually agreed upon schedule (documented in an inspection log available for County inspection) of the facilities, designed to keep the premises and equipment in a good state of repair, free from hazardous conditions and deterioration, thus providing for the comfort and safety of visitors and patrons. The Concessionaire shall ensure that COA's are to be available, for inspection by designated County representatives during regular operating hours and at other times upon reasonable notice. The County reserves the right to conduct unscheduled inspections at any time by an authorized representative of the Director of Facilities Management, or by any other agency having responsibility for inspections of such operations. Concessionaire shall undertake immediately the correction of any deficiency as cited by such inspectors; failure to comply shall be considered a material breach of the Agreement. so Page 17 Agreement # 17-7108 Food & Beverage Concession for Collier County 21. 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. 22. 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. 23. 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. 24. 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. 25. EMPLOYEES; MANAGER, The Concessionaire shall employ people to work at this facility who are neat, clean, well-groomed and courteous. All employees shall observe all the graces of personal grooming. Subject to the American with Disabilities Act, Concessionaire shall supply competent employees, who are physically capable of performing their employment duties and the County may require the Concessionaire to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County property is not in the best interest of the County. All Concessionaire employees shall wear shirts and shorts with the Concessionaire's logo or other identifying marking. The Concessionaire shall have an experienced manager overseeing the concession operations at all times when open for business. When the manager is absent, the operation shall be directed by an assistant manager, experienced and trained in Food and Beverage Concession operations and at least twenty-one (21) years of age. All managers will be Food Safe Compliant with all State of Florida and Collier County "Serve Safe" requirements and licenses. There shall be an after-hours contact person available by telephone and the contact phone number shall be provided to the Director of Facilities Management, or Designee. 26. HOURS OF OPERATION. During the term of this Agreement the concession operation shall, at a minimum, be open and properly staffed in accordance with the operating hours of Collier. County Government Complex, as defined by the Director of Facilities Management or Designee. The Concessionaire may open additional days, subject to prior written approval of the Director of Facilities Management or Designee. All hours of operation shall be conspicuously posted and easily read by visitors. The Government Complex is open Monday through Friday from 7AM — 5PM. Page 18 Agreement # 17-7108 Food & Beverage Concession for Collier County 27. USE OF THE FACILITIES IS PRIMARY. The Collier County Government Complex is for the use of the public 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 from scheduling promotional events, which might temporarily limit access to the event site, subject to the prior written approval for each event, on a case -by -case basis, by the Director of Facilities Management or Designee. 28. 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, 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 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, the County shall have the right to suspend the operation of the concession. Should the Concessionaire fail to promptly correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension shall continue until the violation is cured. The Concessionaire further agrees not to commence operation during such suspension period until the violation has been corrected to the satisfaction of the County. 29. NO DISCRIMINATION. There shall be no discrimination as to race, gender, color, creed or national origin in the operations referred to by this Concession Agreement; and further, there shall be no discrimination regarding any use, service, maintenance, or operation of the premises. All facilities located on the premises shall be made available to the public, subject to the right of the Concessionaire to establish and enforce rules and regulations to provide for the safety, orderly operation and security of the facilities. 30. 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. 31. DEFAULT AND TERMINATION. If the Concessionaire fails to comply with any of the terms and conditions hereof and such default is not cured within seven (7) days after written notice is given to the Concessionaire, the County may terminate this Agreement and revoke the privilege of the Concessionaire to come upon the County's property for purposes for which the concession was granted and may oust and remove all parties who may be present, or may occupy any part of the premises for the purpose of exercising any rights so revoked. In the event of any violation of this Agreement by the Concessionaire, or if the Director of Facilities Management or Designee, shall deem any conduct on the part of the Concessionaire to be objectionable or improper, the County shall have the right to suspend the operation of the concession should the Concessionaire fail to promptly correct any such violation, conduct, or practice to the satisfaction of the Director of Facilities Management or Designee. The Concessionaire shall not commence operation e 9 Pagl Agreement # 17-7108 Food & Beverage Concession for Collier County during such suspension until the violation has been corrected to the reasonable satisfaction of the Director of Facilities Management or Designee. The Agreement may be terminated by the County immediately due to' any material breach of this Agreement, including, but not limited to, failure of the Concessionaire to maintain the approved hours of operation or failure of the Concessionaire to provide a receipt to each customer for every transaction. The County shall be sole judge of non-performance. Further the County may terminate this Agreement for its convenience by giving the Concessionaire not less than a thirty (30) day written notice of such intent. During the notification period, both parties agree to meet its respective contractual obligations in good faith. In the event that the County terminates this Agreement, Concessionaire's recovery against the County shall be limited to that portion of the Contract Amount earned through the date of termination. The Concessionaire shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any loss of anticipated fees and profits. 32. COUNTY CONTROL OF CONCESSION. Nothing in this Agreement will preclude the County from using the public areas of Collier County Government Complex for public and/or civic purposes. In the event of occurrences previously mentioned, the Concessionaire will be notified, as deemed necessary by the Director of Facilities Management or Designee. 33. FLORIDA LAW. This Agreement shall be governed by and construed in accordance with the Law of the State of Florida. 34. VEHICLES. Vehicles are allowed in the areas only where roadways are provided. Vehicles shall park only in areas designated by the County for vehicle parking. Any vehicles that are to be used for concessions must have prior written approval of the Facilities Management Director or Designee. 35, STORAGE. No overnight storage of any kind shall take place on the premises unless approved in writing by the Director of Facilities Management or Designee, and is contingent upon approval of the appropriate permitting agency. 36. STORM WARNING. Upon declaration of a hurricane projecting an imminate strike, or the implementation of evacuation procedures from Collier County, Concessionaire shall meet with the Director of Facilities Management or Designee for the formulation of plans for the removal of all perishable goods and to ensure the concession site has been properly secured for hurricane approach. 37. CONTAINERS. The sale of items in glass containers is not permitted. 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. 39. SAFETY AND SECURITY: The Concessionaire must provide at its expense any security measures to protect its area, equipment and materials. Such security measures may not violate any other restriction(s) of this Agreement. The County will not assume any responsibility for COA security or alarms other than the security cameras at Pagen o 10 Agreement # 17-7108 Food & Beverage Concession for Collier County areas. Smoke, fire or fume activation within the concessionaire's work area, and the reporting of those activations to the County is the responsibility of the Concessionaire. In the event of any emergencies, safety or security accident or incident to employees, visitors, and/or property the Concessionaire must communicate to the Director of Facilities Management or Designee, immediately followed by a written incident report. The Concessionaire is to have a written safety and security plan for the COA. The Concessionaire will cooperate with all jurisdictional law enforcement agencies and personnel. 38. 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 Facilities Management or Designee. 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. 39. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Concessionaire 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, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Concessionaire or anyone employed or utilized by the Concessionaire in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. The duty to defend under this Article is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Concessionaire, 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 Concessionaire. Concessionaire's obligation to indemnify and defend under this Article 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. 40. INSURANCE. Before commencing work of any kind, the Concessionaire shall procure the following insurance with insurance companies licensed in the State of Florida, and provide Certificates of Insurance to be attached to this Agreement. A. Commercial General Liability: Coverage shall have minimum limits of �-1,000,000 Per Occurrence, J2,000,000 for aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. Page 11 O Agreement # 17-7108 G� Food & Beverage Concession for Collier County B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with all their applicable state and federal laws. D. Employer's Liability: $500,000 single limit per occurrence. 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 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. 41. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Division. As used herein, the word "County" shall refer to the Director of Facilities Management or Designee, unless the context renders such construction illogical. 42. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached component parts, all of which are as fully a part of the agreement as if herein set out verbatim: All Insurance Certificate(s); Exhibit — A RFP No. 17-7108, including the Addendum, and Exhibit B - Concessionaire's Proposal. 43. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the RFP, the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 44. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III,Flord Page 112 Agreement # 17-7108 Food & Beverage Concession for Collier County 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 contract held by the individual and/or firm for cause. 45. COMPLIANCE WITH LAWS. By executing and entering into this agreement, the Concessionaire is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes), and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the Public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, Page 11 Agreement # 17-7100.Q4 Food & Beverage Concession for Collier Count company ID Number; 845595 Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) Immediate termination of its MOU and/or; (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. To be accepted as an E-Verify participant, you should only sign the Employer's Section of the signature page, if you have any questions, contact E-Verify at 1-888-464-4218. Page 12 of 17 E-Verify MOU for Employers i Revision Date 06/01/13 E-Venry --- ------------ L�%1T IIQid. Company ID Number; 845595 Approved by: Employer Zacks Food Cart Ministry Catering Name (Please Type or Print) Title Zackory Young Signature Date Electronically Signed 01/19/2015 Department of Homeland Security —Verification Division Name (Please Type or Print) Title Signature Date Page 13 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Vermffy Company ID Number: 845595 Information Required for the E-Verify Program Information relating to your Company: Company Name Zacks Food Cart Ministry Catering Company Facility Address 103121 street sw Naples, FL 34117 ompany Alternate Address County or Parish COLLIER Employer Identification Number 465213411 North American Industry Classification Systems Code 722 Parent Company Food Cart Ministry Number of Employees 10 to 19 Number of Sites Verified for 1 Page 14 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verm1fy--,: Company ID Number: 845595 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State; FLORIDA 1 site(s) Page 15 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verify --------------------- Company ID Number: 845595 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: ULCle CIlt=-etDA Off-M. UITL-e OCO Ceo (LT-9) C90 OOC84 FLOOLOaD ❑oCirAmC2ss 6T.LD--Ff3 O DIIEj MEO UCTJe DfTTTEDR ❑= DCLI B OMUBD (LT-9) C90DCC98 FMOCL7 aO oULWACCCess UOITrFOn FTMUYJ Page 16 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Company ID Number: 845595 Page 17 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 t STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS 850-487-1395 '"k DDm 2601 BLAIR STONE ROAD TALLAHASSEE FL 32399-1011 ZACK'S FOOD CART MINISTRY CATERING ZACK'S FOOD CART MINISTRY CATERING 717 99TH AVE. N. NAPLES FL 34108 Florida Derk„tmern Division of Hotels and Restaurants Busines ��) MOBILE LICENSE DECAL ProfesSl9nal Regulation Expiration Cart. Date; 01/20/2017 ' -1 -A "0"'0" 17 File No: 34528 III NOT TRANSFERABLE Daftl Rw owa aft A ew U%JZ5-1 ZACK'S FOOD CART MINISTRY CATERING OWNER: ZACK'S FOOD CART MINISTRY CATERING Wcatlon Address; ' 9000:4IVINGSTON ROAD -ES, FL 34109 VIN.: NOt 1,; Decal Issued:01123/2017 Florida lay � this decal to be affixed in a prominent plac licensed vehicle, cart or machine, RICK S770 S" 4i`a� STATE OF FLORIDA DEPARTMENT OF BUS] N ESS AND -0F, PROF> ,$S1�L RPGULATiON HTD2150251, *SUED i _Q1/22/2017 HOT DOG CAFI�i) ZAGK'S FOOD G��tt� 813GATERING ZACK'S FOOD GA�fjThl ATERING ( IS I [GENSED under the..provislons of Ch.509 FS. 02 Exptr Uogd.-ie p�G 1 207Z i HERE R MATILQE MI STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF?HOTELS AND RESTAURANTS HTD2150251 VIN NUMBER: The.:HOT DOGCART (20.14) Named below IS. LICENSED Under the provisions of Chapter a09-FS Expiration dais DEC.J 2017_ + ZACWS FOOD CART 117f1Tf(STL OATEI2ING ZAGK.8 FOOD,.CART �!II t T Y CA�ERING « 1:5000ES ,LiVINGSTON RO 1° 3' �, • '' �' NAP FL 34�� t* ISSUED:..,,01/22/2017 DISPLAY AS REQUIRED BY LAW LLER, INTERIM SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ' DIVISION OF.HOTELS AND RESTAURANTS NpS2102901 NBR. OF SEATS: 0 The NON -SEATING FOOD SERVICE (2010) rt'fi. Named below IS LICENSED Urider the provisions of Chapter'509 FS. Expiration date: DEC 1, 2017 z`..` NOW ' TRANSFERABLE. 0. i ZACK'S FOOD CART MINiS�jgYTATERtNG ZACKS SNACKS, 45000_I-IVLNGSTON NAPLES �LF34109 �5�,i tt. Q ISSUED: 01/22/2017 DISPLAY AS REQUIRED BY LAW SEQ# L1701220000761 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGITLA(i0ht `_`' DIVISION OF:HOTELS AND RESTAURANTS NO.S21029.10 NBR. OF SEATS: 0 The NON -SEATING FOOD SERVICE (2010) Named below I,S,LICEN.SED mow$+�*`✓ Under the provisions of Chapter 509 FS. Expiration date:. DEC 1, 2017 � NOW k1y,: TRANSFERABLE, 91 ZACK'S FOOD CART MINI$TRWGATERING INC ZACK'S SNACK$ ($QC.QE- 15LIVINGSTO RD 000 f ti NAPLES a ""`�`lS,aSt t y Z �tb✓_.�`� t S�.�+ r ' x ♦ z t srs .. as ti`� ,� U ISSUED: 01/22/2017 DISPLAY AS REQUIRED BY LAW SEQ# L1701220000763 STATE OF FLORIDA BUSINESSPROFESSIONALREGULATION DEPARTMENTOF .HOTELS AND NO.S2102909 NBR. OF SEATS: 0 u+ The NOWS EATING FOOD SERVICE (2010) Named below IS LICENSED Under the provisions of Chapter 509 FS. NON - Expiration. date:. DEC 1, 2017 TRANSFERABLE. ZACK'S FOOD CART MINISTP CATERId. NG INC __ ZACK'S SNACKS (SOFTBALL) 15000 LIVINGSTON RA �' -.; _, FL NAPLES 34109 1 i u` 1 �• ' a - Ci ai 1 - i �,l 1 H, ••:YTT '. 5 .. 1ti.1 -.� T,t v-_._L,L*'Yi. i-: �J,`vj fit. BY LAW SEQ # L1701220000762 ISSUED: D1/22/2017 DISPLAY AS REQUIRED Go�ier �v{)LlH�y _ A,dcrrustraive Sear_,% Dep ttrmnt Attachment 3: Conflict of Interest Affidavit The Consultant certife's that, to the best of its knowledge and belief, the past and current work an any Collier County project affiliated with: 17-7108 Food & Beverage Concession does not pose an organizational conflict as described by one of the three categories below: - Biased ground rules — The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity — The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information — The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / consultant must provide the following: 1. All documents produced as a result of the work completed In the past or currently being worked on for the above mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. 3. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Firm: Signature and Date: Print Name: !/ Y Title of Signatory: a i-14`e_ State of County of C v Sb UBSCRII }ED AND SW RN to before me this D`/ day of 1M� 20 13 y G (c /� }r�vN S who is pers Wally known to me to be the �w ti t cV for .the Firm, OR who produced the following identification q ZJZO Nota Pub Commission Expiration _ j`i7 RFP_Food & Beverage Concession for Collier Go_ypty�12Q92016: Gooier county nSira&.e4�-v JoFamnent ?mc:urtc'en(:Fa:r:CZs lnlsVJ!Y Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: Solicitation; 17-7108 "Food & Beverage Concession for Collier County" Dear Commissioners: The undersigned, as Contractor declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Contractor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Consultant states that the proposal is based upon the proposal documents listed by the above referenced Solicitation 17.7108 "Food & Beverage Concession for Collier County." (Proposal Continued on Next Page) 17-7108 RFP Food & Beverage Concession for Collier County_12092016 28 PROPOSAL CONTINUED IN WITNESS WHERFgDF, VyE have hereunto subscribed yr names on this `V day of -V 20 ) In the County of E9 � , in the State of �L.. _'�— Firm's Legal Name: Address: %' 7 City, State, Zip Code: /yi��1cs Florida Certificate of Authority Document Number. Federal Tax Identification% J 1 Number CCR # or CAGE Code Telephone: Zvi `? r (a sir' �c FAX: by: Signature (Typed and written) � r Title:<- J� Additional Contact Information Send payments to: (required If different from above) Company name used as payee Contact name: _Yt�6 Title: Address: 7/7/ % �'�/ ' City, State, ZIP /Zt/ �,Q� [ J ' +� L 3 `7'1 P Y Telephone: FAX: Email: Z,,t��l7J U �cti �L7L •�f7rti Office servicing Collier County to place orders (required it different torn above) Contact name: Title: Address: City, State, ZIP Telephone: Email 17-7108 RFP_Food & Beverage Concession for Collier County_12092016 29 Co- �L �',+Sur�ty � Pill Ad[rdrestaf;ve SerNws �rr�"�4 ' - PtawYnlCnt �NrLc9.c�.r.:sr�,l Attachment 5: Affidavit for Claiming Status as a Local Business Solicitation: 17-7108 "Food & Beverage Concession for Collier County" (Check Appropriate Boxes Beiow) State of F(orida (Select County if Vendor is described as a Local Business S Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Procurement Ordinance of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Procurement Ordinance: Local business means the vendor has a current Business Tax Receipt Issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that ldentlfies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non -permanent structure such as a construction trailer, storage shed, or other non -permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. Vendor must complete the following information: Year Business Established in Collier County or ❑ Lee County: Number of Employees (Including Owner(s) or Corporate Officers): i Number of Employees Living in P Collier County or F Lee (Including Owner(s) or Corporate Officers): If requested by the County, vendor will be required to provide documentation substantiating the Information given In this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: �, �. Sltd /n� i /r��s �• e� i Collier or Lee Co t A ir2 s: Signature: r Title: STATE OF 15,�eORIL1A COLLIER COUNTY ❑ LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this t7`r Day of Vv� -1. 20%_ , / Notary Public My Commission Expires: ,Li L� 2 u 2 0 17-7100 RFP Food & Beverage Concession for Collier County_12092016 30 t �o�ier �a-uvtt� t�dmiruc�ra4ti�a SevTrns ^fparhnc�t ' Fm_ierc.�n:9:t�:ca5 Driic� Attachment 6: Immigration Affidavit Certification Solicitation:17.7108 "Food & Beverage Concession for Collier County" This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (iTB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the Company. Failure to include this Affidavit and acceptable evidence of enrollment in the E Verifv program may deem the Vendor I Bidder's proposal as non -responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C, Section 1324 a(e) Section 274A(e) of the immigration and Nationality Act ('INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's I Bidder's proposal. _ Company Name 21 611 S 7�rLD� C �f ll��•�u CA"rz'21^� %�� Print Name' /i y vn�� Title +tilt Signature /� �%� �- r Date i State of n ( l�n County of C %� The oregoing instrument was signed and acknowledged before me this U� day of 20 (— , b G � Yu ✓ j who has produced �L of as Identification. (Print orjypeName) (Type of identification and Number) — Nota P blic Si nature r— Prinjed,Narn of Notary Public, Notary Commission Number/Expiration . _. _ _ The signee of this Affidavit guarantees, as evidenced by the swom affidavit required herein, the truth and accuracy,::.< of this affidavit to interrogatories hereinafter made. 17-7108 RFP—Food & Beverage Concession for Collier County_12092016 31 i I. A/ } rtit i.:�5'%��'-a JefVw�-�,- LBC3('Y; �•. x (Attachment 7: VendorSubstitute W -- 9 Request for Taxpayer identification tJumbar and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the Following information for tax reporting purposes from individuals and companies who do business wit the County Florida (including social security numbers if used by the individual or company for tax reporting purposes). tlp )• tute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all Information that applies to your business and return with your quote or proposal. 1, General information (provide all information) Taxpayer Named :.V > - v <r'-`.� -- fas shown on income tax retum _ Business Name----- r (if different from taxpayer name) Address i ' - tJr.: �s ' city_ - __'lam.:— State Zip _. Telephone Email _i' - rmation - — Remit t Payment Information 1? 7 1;�ti Address,� i` State t r^ Zip?a�iLt City fjj4 State l` _ZipF FAX ----- ...__._ FAX Email x1Jt I — - t hn,—_-- Email C^� �Ct�•'� •�," _ 2. company Status (check only one) rship _Tax Exempt (Federal income tax-exempt entity Limited Liability Company under Internal Revenue Service guidelines iRC — 501 (c) 3) e Enter the tax claSsifiration rn = nigh-oarded Entily. C= Corporation, P = 3, Taxpayer identification NUMber (for tax reporting purposes only) Federal Tax Identification Number (TIN) — _4Q Nnndors who do not have a TIN, will be required to provide a social security number prior to an award of the 4. Sian and Bate Form Certification: Under penalties of perjury, i certify that the information shown on this form is correct to my /fnowledno. Signature Date Title __,- 1 r,) n' - _ Phone Number 17-7108 RFP Food & Beverage Concession for Collier County_12092016 32 �G I C e-r cou:n ty Ft 0 Men wo t,3iru I Js Ow�IsoA1 Attachment 8, Insurance and Bonding Requirements Insurance/ Bond Type 1. []Worker's Compensation Required Limits Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements 2. ®Employer's Liability $500,000. single limit per occurrence 3, NCommercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $1 000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability Property Damage Liability. This shall include Premises and ISO form and Operations; Independent Contractors; Products and Completed Operations and Contractual liability 4. ❑Indemnification To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant 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, 4. N Automobile Liability $ 500,000 Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included S. F1 Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United Slates Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work, $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per Occurrence • $ 500,000 each claim and in the aggregate • $1,o00,000 each claim and in the aggregate $2,000,000 each claim and in the aggregate ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate $2,000,000 per claim and in the aggregate -y n n 2 ,�* L.,e. �''�P.,i .?i 42 /i e— Ge--4- ,i,JLt .7 c-"'p4", .v 4— �—• � f' -s �Io.v t,st'f-a L✓r.t�r-c�s Co.�•�'-c,u�i,. i�N Y �i�z�=r,�L G��lr�,•-- G'o-.,,-¢-7 �,.!'f- � 1` � frr"2t'. y ❑ Valuable Papers Insurance $ Per Occurrence t ❑ Employee Dishonesty / Crime $ Per Occurrence `� 4 Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss Payee endorsement naming Collier County. 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal, All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation, /. ❑ Performance and For projects in excess of $200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be.underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A--" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ❑ Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of Insurance meeting the required insurance ' provisions. 9. ❑ Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10, ❑ The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ❑ Thirty (30) Days Cancellation Notice required. RLC 4/20/2017 Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firmer l /1 U Ill Date rC Vendor Signature Print Name ,52 - Insurance Agency1 •^—,� �` Y ,I Agent Name Se-Q. "r "VimI Telephone NumberW-,;-2 17-7108 RFP_Food 8 Beverage Concession for Colller County_12092016 34 CAtrC)'"Igy Adminift. tive w i s Oe pmwmr- F�gcsmocxrt'^..erne Ur:rsFxt Attachment Z: Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following Items as the necessary action is completed: l✓� The Proposal has been signed. ❑ All applicable forms have been signed and included, along with licenses to complete the requirements of the project. ❑ Any addenda have been signed and included. Name of Firm: io!T :i�ry'G�'� �Mz,�v�i; ,-; �'C Address: `2/' 2 City, State, Zip; Telephone:3Lf Email: G7�� rjv.tii& 0 Representative Signature: Representative Name: Lr.>� /� �VO VA", Date �fl 17-7108 RFP Food & Beverage Concession for Collier County_12092016 26 A4 V oarsJwM rY-M) CERTIFICATE OF LIABILITY INSURANCE 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, EXTENTS OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETihiEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE BOLDER IMPORTANT-, If the certificate holder is an ADDITIONAL INSURED, the po ty(ies) must have ADDITIONAL INSURED provisions or be andomed. if 5UBROGATION IS WAIVED, subject to that terms and conditlons of the policy, certain policies may require an endorsement, A statement on this certificate do" not confer rights to the certificate holder in lieu of Such endQmementts). PROOKER uvnlA,.s NAA1€: t+dt`€'d�e�a�m SCOTT HANSEN INSURANCE AQFNCY INC _ PHONE 231) :5fr5-3344 Peat 2030 I1"tMOK41-EE RD STE t Wg No. F.xt} —_ AM, N*I .... c A1AIL — NAPLES. FL 3411£I INSURER(S) AFFORDING Gt7VEJ2AG€ NALC k INSURER A : STATE FARIuI. FLORIDA IN, rD - INsuRER e : STATE Fr RNI FIRE & CASUALTY.... ZAC1{'5 FOOD CART MINISTRY CATERING INC INSURER C t 15000 LiViNGSTON Rf7 ' ITdSUHEII D; NA LES, FL 34109-3803 _�suTl€1t 1 hNSURCRE..,. COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS 18 10 CERTIFY THAT THE POLICIES OF INSURANCE LISTED Ht LOW HAVE SUN iSSUED TO "rHE INSURED NAMED ABOW, FOR THE POLICY PERIOD INDICATC0. NOTI TfHSTANDiNO ANY RE3UIREMENT, TERM OR CONDITION OF AMY CONTRACT OR OTHER DOCUMENT Vu1TH RESPECT TO M11CH THIS; CERTIFICATE I'dAY BE ISSUED OR NIAY PERTAIN, THE INSLJRANGF AVFORDED BY THE POUCtES OESCRiBED HEREIN IS SUBJr CT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF $UCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAD CLAIMS. --- Itd�Fi,. AfaDLSUeR(". . L i TYPE OF INSURANCE FLiMY NUMBER iYt'?tJcY EFf PCfiL1CY @3fp-I___- ®....., LI1dITS 1AtW[xr`YYY COMMERCIALGliNERALLIABILIYY, ." ChA.H fURFCNCC 5 1,OG�17,[7[)C1 Ct 5IS1s,9 �G tie vU¢r �t RCh414FS�t nxurit�1)(9 I�It1} -- xi BUSINESS MERCANTILE pmq� j} A Y 98-8Z-0547-4 - tiI OV2017 ; 0112b121i18 PrRS0NAL 4 A 1V INJURY 5 1,000-000 3 GCITLAGOREGATELIMIT AIFn-ICSPER: O�NCRALAtkMkEP,{RE 2,000.000 t i tL:Y t r�0 Cam. I?'i?CBUCTw-4,t"AWMP AG 7000mo .. AU1s}M01511-C LIAelr_1TY I .Y M673929 � 0612W2017 0512812018 j�, {�i ��rrx�L� t�ti r� s 50fl,i,'0#}. C gar: AUTO --. EDGILY INJURY 1I711 p rrni 5 -. Ci4i «yG `'+ 15a"'HCGULtG 4tlt.Xy ONLY AIJTOv —n Ea=aC�1LY IN.IUHY (Rh12-':'hd.^.[ft} 5: �UF+�I? °'r�n'rr3•ttTaEp --_ t•RirLRiF F),ti,MAJE 5 !I AUT08 OWLY A.UT LS +WLY J er n._ rtr�Iy � W&BRELLA UAFI GIIOCaHEt C SOU'V � '.... ' 14ME35 LIAR -daPEi t GfiFi L{ 5 .T rD I I RiETE'l Iof., I i €.. _. F R t)Thl- TATt Th: C� AND SIVIPLOYERV UAEULITY YIN- �WOR"KECOMPENSAYiON AN+ RxRIL:IOv. *,�RTI�EWXF-GGgi11C i:FFICCR}t9EttIaF EXCLJpFCra KJA �JI f37-0551-2 031O 2017 Q} VG91��1IJX1 ,C:L_Fq! i1ACC(GCPIt S 500�fktij -- — _ (Kandalorr is NH) ( E.lw UIS �E.Citi F1640YCC 3 S00"000 l ,� 'Fti TIt7ti iJF.G?CR0.. it.`{5 talCty ' I i C.l W_ FA5E: > PC .I.Y LI111T i 5-00,000 CESCRIP1104 OF OPERATI015 T LOCATIONS t VEHICLt-S JACORk} 101. A4di mwd Renlmks SCIIat vO, nmy tie alto O IF more space is mquireu} Celli+ r County Board isf County Oommissi6nOrs, as Additional inured "for Any and all work performed in Collier Caunty" SHOULD ANY OF THE ABOVE: DESCRIBED F1OUME5 BE CANCELLED BEFQRE THE EXPIRAMN, DATE THEREOF, NOTICE WILL BE DELIVERED iNI Collier County Elowd Of CGUilly COITI ni83iOner5 ACCORDANCE WITH THE POLICY PROVISIONS: 3127 Tanhiami Trait E Naples, FL 34112 AUTHi41{�'[Q REPRE��SNYr4 f f � I _ ts� IAA3-2015C PO ION. All rights reserved, ACORD 25 20f 6103} The ACOE7D name and logo are registered marks of AC Gf RD 1rol.t['6 iazy 0l� f3.1«1ru Zack's Food Cart Ministry Catering Inc DBA ZACK'S SNACKS Our proposal is 20°0 of gross sales paid to Collier County EXPERIENCE My name is Zack R. Young I have spent my entire career in the food and hospitality industry from 1991-2011 1 was employed by SRP/IHOP restaurants where I opened every location in Southwest Florida from Naples to Venice. I was a managing partner with approx. 40 employees. I have a passion for people and food. I stand by the motto qf3 quality food fast and friendly. In 20111 decided to start my own business (Food Cart Ministry). It started with a small hot dog cart on the side of a road selling hot dogs and handing out bibles while praying for people in need. We currently now have 4 hot dog carts, 3 BBQ smokers and a wood fired pizza oven that are all mobile to serve food in our community. Since 2011 we have also taken over local high schools and little league concessions. We currently operate at 6 different concessions. In addition to the schools we operate at NCRP/SUN N FUN Lagoon Where we have increased and set record sales for Collier County while serving quality food fast and friendly. MANAGEMENT OPERATION currently have 2 managers that have split all of our locations and have the experience to delegate and lead our team members. Each manager is responsible for different task while performing within the same functions. From payroll to labor management, training, food cost control, customer service, safety and security, cash management, and to maintain high standards of cleanliness all of our employees are finger printed and background checked through Collier County Facility Management Department. Along with a pre employment drug screening through Advance medical. FOOD SERVICE CONCEPT ZACK'S SNACKS Known for "Naples Best Fresh Cut Fries" We would serve Natural fresh cut fries (gluten free) Organic salads, soup, sub sandwiches, Turkey burger, Original Cuban sandwiches, authentic Italian beef sandwiches, Italian sausages, hot dogs, hamburgers, pizza, Chicken Gyro, Yogurt Parfait, Fountain beverages, energy drinks, vitamin water, breakfast sandwiches, omelets, breakfast burrito, coffee, tea, and orange juice. And don't forget the fresh daily smoked BBQ. CAPITAL INVESTMENT spent some time here at the Cafe this past week there is some changes I would like to make to the location of equipment and possibly electrical out puts as of right now I think we can open under new concept and food by July 17, 2017 if needed repairs or investments are needed after we take over operation we can discuss with Facilities Management. We would bring in our own equipment and signage to open for business as soon as possible. PLAN FOR EXISTING STAFF As mentioned before we currently have many locations which come with many opportunities within our company for staffing I am very pleased with the current staff at Russell Cafe and would continue to offer employment through the changeover and beyond if the employees agree. When we took over NCRP we had 9 employees stay with us through the transition 5 of the 9 are still employed with us and the other 4 went away to college We have the same requirements for employment as Russell it is our upmost importance that the current staff will utilize our motto of qf3 when taking care of customers each employee will be on a 90 day probationary period in which they may terminate at any time. All of our team member positions are part time and or seasonal with potential for growth into a management position for the right person. REVENUE PLAN 2017/2018 SALES GOALS Our goal is to increase sales by 15% in the first calendar year then a minimum of 10% each additional year How is that goal going to be met? We start with Fresh cut fries everyone loves fries All of our sandwiches will be paired with fries and a drink as a combo. We will work with Collier County Health and wellness program so we can offer better choice options from salads, wraps, gluten free options, non dairy options, and organic options this will drive sales from the Vegetarian customers to the Gluten free customers and anyone else who is cautious of what they eat. Marketing! We will have our management team be very involved in the community reaching out to the local lawyers, bail bonds offices, and Collier County Government offices informing potential guest of upcoming specials and delivery service to offices. With the few changes needed at this location alone will increase and drive sales to the cafe. Each month our team Is responsible for increasing daily sales on their shift our management team has reporting tools and media based access along with our register marketing program through emails and text. We usually spend approx 1.75% of our monthly sales on advertising and marketing. have read and agree to the RFP17-7108 conditions and exceptions. No exceptions on our behalf REFERENCES Scott Hansen State Farm agent 239-566-3344 Jason Gibson Rita Italian ice 610-906-7161 Ernie Modugno Naples High School AD. 239-250-5300 239-377-2200 Wayne Zeigler Gold Medal 239-431-0635 David Williams GFS 239-596-7436 Steven Weisberg Collier County contract manager 239- 252-4070 Jen Sherman US FOODS 239-287-1503 The above references are individuals I have done business realtions with in the past year. Stag of Florida Department of Revenue Original Return FOR YOUR RECORDS ONLY - DO NOT MAIL Cancellations must be done before 5:00 p.m. ET on the submission date. If the submission is completed ifter 5:00 p.m. ET on the submission date, weekend, or holiday the cancellation must be done before 50 p.m. ET the next business day. All cancellations are permanently deleted from our database. Access Source: 21-8016691155-1 Confirmation Number: 170419075842 DR-15 Certificate Number Collection Period Confirm Date and Time 21-8016691155-1 03/2017 04/19/2017 09:35:44 AM ET Label Location Address 1031 21ST ST SW NAPLES, FL 34117-4305 ZACK'S FOOD CART MINISTRY CATERING INC 717 99TH AVE N NAPLES, FL 34108-2231 Contact Information zack young Name Phone � ail F ( 239 ) 692 - • 3298 F-zroun'g@aol.com territories for the purpose of,fundmg this payment,';pl Revenue at 1 800 352 3671 to make other payment arras is n6t`.an mterjiational'QCH transaction If;:you are ;unsurE i ;heratiy authorize the,' Department of Revenue to ;:process.°this ACH.ar identified 6boye Lunde rstandahere may beservlce charge§:assessed.-on 0 2017 FLORIDA PROFIT CORPORATION ANNUAL REPORT DOCUMENT# P14000025568 Entity Name: ZACK'S FOOD CART MINISTRY CATERING INC. Current Principal Place of Business: 717 99 AVENUE NORTH NAPLES, FL 34108 Current Mailing Address: 717 99 AVENUE NORTH NAPLES, FL 34108 US FEI Number: 46-5213411 Name and Address of Current Registered Agent: YOUNG, ZACKORY R 717 99 AVENUE NORTH NAPLES,FL„ FL 34108 US FILED Jan 11, 2017 Secretary of State CC2123616623 Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing Its registered office or registered agent, or both, In the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail : Title P Name YOUNG, ZACKORY R Address 717 99 AVENUE NORTH City -State -Zip; NAPLES FL 34108 I hereby certify that the information Indicated on this report or supplemental report Is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered, SIGNATURE: ZACKORY R. YOUNG OWNER 01/11/2017 Electronic Signature of Signing Officer/Director Detail Date Signature zack young F.hone Number . 239 692 3298 EMail Address zryoung9@aol com Flortcta' 1 Gross Sales ` 4 2_Exempt Sales" 3 �Ia cable mount 4} ax Go lected ; „ ; : $ 15722.05 $ ' 943.32 A. Sales/Services $ 16887.05 $ 1165.00 B. Taxable Purchases $ 0.00 $ 0.00 C, Commercial Rentals $ 0.00 $ 0.00 $ 0.00 $ 0.00 D, Transient Rentals $ 0.00 $ 0.00 $ 0.00 $ 0.00 E. Food & Beverage $ 0.00 $ 0.00 $ 0.00 $ 0.00 Vending 5, Total Amount of Tax Collected $ 943.32 6. Less Lawful Deductions $ 0.00 7. Total Tax Due $ 943.32 8, Less Est Tax Pd/DOR Cr Memo $ 0.00 9, Plus Est, Tax Due Current Month $ 0.00 10, Amount Due $ 943.32 You have chosen not to donate your collection 11, Less Collection Allowance $ 0.00 allowance to education, 12, Plus Penalty $ 0.00 13. Plus Interest $ 0.00 14, Amount Due with Return $ 943.32 Payment you have authorized 943.32 15(a), Exempt Amount of Items Over $5000 (included in Column 3) 15(a). $ 0.00 15(b), Other Taxable Amounts NOT Subject to Surtax (included in Column 3) 15(b). $ 0,00 15(c). Amounts Subject to Surtax at a Rate DIFFERENT than Your County Surtax Rate 15(c), $ 0.00 (included in Column 3) 15(d). Total Amount of Discretionary Sales Surtax Collected (included in Column 4) 15(d). $ 0,00 16, Total Enterprise Zone Jobs Credits (included in Line 6) 16. $ 0.00 17, Taxable Sales/Untaxed Purchases of Electric Power or Energy 17. $ 0.00 (included in Line A) 18, Taxable Sales/Untaxed Purchases of Dyed Diesel Fuel 18, $ 0.00 (included in Line A) 19. Taxable Sales from Amusement Machines (included in Line A) 19, $ 0.00 20. Rural and/or Urban High Crime area Job Tax Credits 20. $ 0.00 21(a), Scholarship Fund Credit 21(a). $ 0.00 21(b). Film and Entertainment Industry Credit 21(b). $ 0.00 21(c). Economic Energy Zone Credit 21(c). $ 0.00 21 Other Authorized Credits 21, $ 0.00 Detail by FEI/EIN Number Florida Department of State �J „„s,s �z 1, t r mr Department of State I •QIvisjoll of Coroorations I Search Records / Detail By Document Number I Detail by FEI/EIN Number Florida Profit Corporation ZACK'S FOOD CART MINISTRY CATERING INC. Filing Information Document Number P14000025568 FEI/EIN Number 46-5213411 Date Filed 03/20/2014 Effective Date 03/20/2014 State FL Status ACTIVE Principal Address 717 99 Avenue north NAPLES, FL 34108 Changed: 01/26/2016 Malling Address 717 09 Avenue north NAPLES, FL 34108 Changed: 01/26/2016 Registered Agent Name & Address YOUNG, ZACKORY R 717 99 Avenue north NAPLES,FL., FL 34108 Address Changed: 01/26/2016 Office rlDirector Detail Name & Address Title P YOUNG, ZACKORY R 717 99 Avenue north NAPLES, FL 34108 Annual Reports Report Year Filed Date 2015 02/11/2015 2016 01/26/2016 Page I of 2 DNISION OF CORPORATIONS http://search.sunbiz,org/inquiry/corporationsearch/SearchResultDetail?inquirytype=FeiNu... 5/10/2017 Detail by FEI/EIN Number 2017 01 /11 /2017 Page 2 of 2 Document Images 01/11/2017 —ANNUAL REPORT viiewimage in PDF fom at 01 /26/2016 — ANNUAL REPORT View Image In PDF format 02/11/2015 — ANNUAL REPORT View Image in PDF format 03/2012014 — Domestic Profil I View Image In PDF formal Flmiea Depaam9rt of Soma. Ml SM otCmMst na littp://search.sunbiz.org/Inquiry/corporationsearch/SearchResultDetail?inquirytype=FeiNu... 5/10/2017 Elm; -Ve r 01= Fy company ID Number: 845595 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS) and the Zacks Food Cart Ministry Catering (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. . E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a. Notice of E-Verify Participation b. Notice of Right to Work 2, The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. 3. The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee's E-Verify access if the employer is separated from the company or no longer needs access to E-Verify, Page 1 of 17 E-Verify MOU for Employers I Revision Date 06/01113 -E-Vermify -------------------------------------- 01 1 -- \.` Company ID Number: 845595 4• The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual, 5. The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases. a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify, Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form 1-9. 7, The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures. a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti -discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the. Employer is subject to a rebuttable presumption that it has knowingly Page 2 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E.-Ver-1ry____,`v`11/ IliliK. Company ID Number, 845595 employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10. The Employer agrees not to use E-Verify for pre -employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article 11.13 of this MOU. 12, The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article 111,13. below) to contact DHS with information necessary to resolve the challenge. 13. The Employer agrees. not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the employee• is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status Page 3 of 17 E-Verify mou for Employers I Revision Date 06/01/13 company ID Number: 845595 (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464- 4218 (customer service) or 1-888-897-7781 (worker hotline). 14. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration -related unfair employment practices provisions In section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VI I could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274E of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti -discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 16. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at _E-Verifyta_.dhs.gov. Please use "Privacy Incident — Password" in the subject line of your email when sending a breach report to E-Verify. 17, The Employer acknowledges that the information it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C, 1306(a)), Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties, 18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon Page 4 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 'Meir M_V -- Company ID Number: 845595 reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 19. The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally -approved, federally -certified, or federally -recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 20. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 22. The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors, 2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify. a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. Page 5 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 fS i.v 'L'Sr✓�.Illl�i. Company ID Number: 845595 b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire, An Employer enrolled as a Federal contractor In E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later, d. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: I. That Form 1-9 is complete (including the SSN) and complies with Article II.A.6, ii. The employee's work authorization has not expired, and iii. The Employer has reviewed the Form 1-9 information either in person or in communications with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f, The Employer shall complete anew Form 1-9 consistent with Article II.A.6 or update the previous Form 1-9 to provide the necessary information if: i. The Employer cannot determine that Form 1-9 complies with Article II.A.6, ii. The employee's basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form 1-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with Page 6 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Company ID Number: 845595 Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired after completing Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU Is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements, C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA's database. 2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U•S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 3. SSA agrees to provide case results from Its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Employer. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight -day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer, Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and Page 7 of 17 E-Verify moU for Employers I Revision Date 06/01/13 E-Verify --------- Company ID Number; 845595 b, Photo verification checks (when available) on employees. 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4. DHS agrees to train Employers on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E-Verify, DHS also agrees to provide to the Employer anti -discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice, 6.. DHS agrees to issue each of the Employer's E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. DHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law, Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. 8, DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions, ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify Page 8 of 17 E-Verify MOU for Employers I Revision Date 06/01113 ;r}� •ililil, Company ID Number, 845595 case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation, Only the employee may determine whether he or she will contest the tentative nonconfirmation, 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify, The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA, B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case, The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's_ response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation, Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the Page 9 of 17 E-Verify MOU for Employers I Revlslon Date 06/01/13 Company ID Number: 845595 employee to contact DHS through its toll -free hotline (as found on the referral letter) within eight Federal Government work days. 5• If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6• The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee's documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1 • SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1 • This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes, Page 10 of 17 E-Verify MOU for Employers I Revision Date 06101/13 r= -Ve r Im Fy -------------------------- Company ID Number: 845595 B. TERMINATION 1, The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer's participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer's business. 3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non -Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify, ARTICLE VI PARTIES A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DNS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. E. The Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Page 11 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 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 Concessionaire observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Concessionaire 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. 46. 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. 47. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Concessionaire extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful Concessionaire. 48, ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement upon pre -approval by the Director of Facilities Management or Designee and Concessionaire. 49. SECURITY. The Concessionaire is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Concessionaire shall be responsible for all associated costs. If required, Concessionaire 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. Concessionaire shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Concessionaire's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Concessionaire ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Concessionaire 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 Concessionaire's business. The Concessionaire shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS(a-),colliergov.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. Page114 Agreement # 17-7108 Food & Beverage Concession for Collier County IN WITNESS WHEREOF, the Concessionaire and the County, have each, respectively, by an authorized penSUD or agent, have 8X8CUbsd this agreement on the date and year first above � NameJand Title Name laDdTitle BOARD OFCOUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, , E, _ ,,1,2� Penny Taylc6rh-airman By: CONCESSIONAIRE: Zack'eFmod Cart M Name and(Title Page 115 Food & Beverage Concession for Collier County Exhibit — A Request for Proposal No. 17-7108 (following this page) Page116 Agreement # 17-7108 Cam Food & Beverage Concession for Collier County Do er C014-11.ty Administrative Services Department Noauiornerd Servioes Division COLLIER COUNTY .WOARD OF COUNTY COMMISSIONERS Solicitation 17-7108 Food and Beverage Concession for Collier County Viviana Giarimoustas Procurement Strategist 239-252-8375 (Telephone) VivianaGiarimoustas@colliergov.net (Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. Our new address is 3295 Tamiami Trail East, Naples Florida 34112 Table of Contents LEGALNOTICE.................................................................................................................................................................. 3 EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT............................................................................ 4 EXHIBIT II: GENERAL RFP INSTRUCTIONS.........................................................................................................................10 EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS....................................................................13 EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP...........................................................................................16 ATTACHMENT 1: VENDOR'S NON -RESPONSE STATEMENT...............................................................................................25 ATTACHMENT 2: VENDOR CHECK LIST.............................................................................................................................26 ATTACHMENT3: CONFLICT OF INTEREST AFFIDAVIT........................................................................................................27 ATTACHMENT 4: VENDOR DECLARATION STATEMENT....................................................................................................28 ATTACHMENT 5: AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS....................................................................30 ATTACHMENT 6: IMMIGRATION AFFIDAVIT CERTIFICATION...........................................................................................31 ATTACHMENT7: VENDOR SUBSTITUTE W — 9.................................................................................................................32 ATTACHMENT 8: INSURANCE AND BONDING REQUIREMENTS........................................................................................33 17-7108 RFP_Food & Beverage Concession for Collier County_12092016 2 Cove- cou-nty Administrative Services Department Procurement SeMices Dirisian Legal Notice Sealed Proposals to provide Food Concession Services will be received until 1:00 PM Naples local time, on May 10, 2017 at the Collier County Government, Procurement Services Division, 3295 Tamiami Trail E, Naples, FL 34112. Solicitation 17-7108 "Food & Beverage Concession for Collier County" Services to be provided may include, but not be limited to the following: food concession services for the Collier County Board of County Commissioners. A non -mandatory pre -proposal conference will be held on May 2, 2017, commencing promptly at 4:00 PM, and will be held in the Procurement Services Division Conference Room, Collier County Government, Procurement Services Division, 3295 Tamiami Trail E, Naples, FL 34112. If this pre - proposal conference is denoted as "mandatory", prospective Vendors must be present in order to submit a proposal response. All statements shall be made upon the official proposal form which may be obtained on the Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Edward F. Coyman, Jr. Director, Procurement Services This Public Notice was posted on the Collier County Procurement Services Division website: www.colliergov.net/purchasing and in the Lobby of Procurement Services Division Building, Collier County Government Center on April 21, 2017. Our new address is 3295 Tamiami Trail East, Naples Florida 34112 17-7108 RFP_Food & Beverage Concession for Collier County_12092016 3 Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Facilities Management Division (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Request for Proposal (hereinafter, "RFP") with the intent of obtaining proposals from interested and qualified firms offering to provide food concessions services in accordance with the specifications stated and/or attached herein/hereto. The successful proposer will hereinafter be referred to as the "Contractor." The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance, as amended. If awarded, a contract to provide these services will be effective on the date contract is approved by the Board of County Commissioners (herein after, the BCC), signed by all required parties and filed in the Office of Records and Minutes. The anticipated contract term will be for the period of sixty (60) months. Additionally, by mutual agreement and funding availability, the contract may be renewed for one term of sixty months. In no event, including renewal options, shall the contract exceed ten years. An award, if made, will be made to the best overall proposer(s) whose proposal is most advantageous to the County, taking into consideration the evaluation factors set forth in this RFP. The County will not use any other factors or criteria in the evaluation of the proposals received. Brief Description of Purchase The purpose of this specification is to obtain proposals from vendors interested in providing food concession services for the Collier County Board of County Commissioners. Historically the county has received 16% of gross revenue from concession services with an annual sales of around $105,000, however this may not be indicative of any future sales patterns. Background The Collier County Board of County Commissioners requests proposals from properly licensed and insured companies to provide the following services: Food and Beverage Concessions for Collier County facilities including but not limited to: 1. The Collier County Government Center located between East Tamiami Trail, Airport- Pulling Road and Palm Drive. There are approximately 1000 employees on the site each day during regular working hours (7 am to 5 pm) as well as members of the public who conduct business at the various buildings during the same hours. The complex consists of multiple buildings including the Courthouse (which includes weekly jury duty service), Tax Collector, Health Services and Sheriffs Office and jail visitation center, and other business offices open to the public. The number of people on campus each day is variable, but estimated at 2500. The utilization of the proposed concession would be based on this combined figure. There is very little off -site traffic due to the location of the food concession. 2. Other Collier County Government locations: This solicitation is for food concession services only at the facility identified on the main campus location map (attachment provided) and is not related to any other existing or future concession opportunities. The County currently utilizes other food service providers under separate agreement for other County locations and also utilizes food truck providers at the main campus. location and other locations as required. The County also operates a farmers market on the main campus one day per week. 17-7108 RFP_Food & Beverage Concession for Collier County_12092016 4 3. Additional services required may include; catering and delivery, emergency activations and events, training seminars or meetings, open houses, ground breaking ceremonies, dedications, special occasions, County picnics, employee appreciation lunches, and other, events or locations deemed necessary. This contract does not provide exclusivity for these services. Detailed Scope of Work The County is seeking the services of recognized local, regional, or national commercial food providers/chains to develop, manage and operate food and snack services located in the main government complex. It is the intent of the County for the successful proposer to provide a full -service food and snack service during normal business hours (7 a.m. to .5 p.m.). Successful proposers will offer high -quality, freshly prepared food and beverage choices at competitive and reasonable prices. Food choices should include, but not limited to; American style (Burgers, Sandwiches, Fries, Pizza, etc.), Mexican, Home Cooking, BBQ, Cuban, Pastries, and/or healthy options such as a variety of salads and snacks. Beverage options should include, but not limited to; coffee, bottled water, iced and hot tea, sodas and/or sports/energy drinks. At least 10% of the food selections should be organic and/or locally produced to the extent possible. Additionally proposers are expected to work with the County to offer food options that complement the County's Wellness Program and are encouraged to offer a diverse selection of both breakfast and lunch type food items in order to maximize the customer utilization of the concession. The successful proposer will be able to "contract out" special events as necessary with advanced approval from Facilities Management's Director or his designee. The existing food concession space consists of a free-standing building of approximately 770 square feet, which includes large built in refrigerator, sink, and electrical outlets (attachment provided). All other equipment necessary to provide service is required to be supplied by vendor. Current vendor prepares all food offsite. Water and electric service cost will be the responsibility of the County as there are not separate meters for the building. The location of the food concession space is subject to relocation if deemed necessary by the County but will conform to the same general specifications. Successful proposers shall provide all capital improvements and any and all equipment necessary for day to day operation of the concession. All improvements must be approved in advance and in writing by the Director of Facilities Management or his designee. Term of Contract The contract term, if an award(s) is/are made is intended to be for three (3) years with two (2) one year renewal options. Prices shall remain firm for the initial term of this contract. The County's intent is to negotiate an agreement with the number one ranked firm. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. 17-7108 RFP_Food & Beverage Concession for Collier County_12092016 5 Projected Solicitation Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. Event' Date Issue Solicitation Notice 4/21/17 Last Date for Receipt of Written Questions 5/3/17, 1:00 PM, Naples Local Time Pre -proposal meeting 5/2/17, 4:00 PM, Naples Local Time and Locations Addendum Issued Resulting from Written Questions or Pre- 5/4/17 Proposal Conference Solicitation Deadline Date and Time 5/10/17, 1:00 PM, Naples Local Time Anticipated Evaluation of Submittals 5/12/17 — 5/26/17 Anticipated Completion of Contract Negotiations 6/2/17 Anticipated Board of County Commissioners Contract 7/11/17 Approval Date Response Format The Vendor understands and agrees to abide by all of the RFP specifications, provisions, terms and conditions of same, and all ordinanoes and policies of Collier County. The Vendor further agrees that if it is awarded a contract, the work will be performed in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. Any portions of the proposal that do not comply with these guidelines must be so noted and explained in the Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non -responsive. The items listed below shall be submitted with each proposal and should be submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Vendor to include all listed items may result in the rejection of its proposal. 1. Tab I, Similar Experience (10 points) Proposers shall provide, in detail, their credentials in providing food and beverage concession services and any information which documents successful and reliable experience in past performance, especially those performances related to the requirements of this Request for Proposal. Include a description of the proposer's business history and number of years in operation. Related experience shall be restricted to those assignments undertaken within the last (5) years that are similar in scope. 2. Tab II, Management and Operation Plan (20 points) The operation of the Concession Operations Area (COA) by the Concessionaire will be done in a manner consistent with the highest standards achievable. The County will allow Concessionaire 17-7108 RFP—Food & Beverage Concession for Collier County_12092016 6 and their employees the ability to operate within the premises in a safe and orderly manner. In addition, the concessionaire is expected to start operations at least thirty -minutes prior to scheduled starting time. The Concession operation tasks may include but are not limited to: • Sale of retail food, beverages and merchandise as identified by the County's contract manager. • Ensure that the foods, beverages offered are fresh; and that retail merchandise is relevant and up-to-date. • Cash management and deposit of funds. • Credit/debit card processing capabilities. • Maintenance of safe and clean areas for the production of foods and beverages to be sold to retail customers, and housekeeping of areas surrounding the sales operation. • Maintenance of current required licenses and permits, including but not limited to Business Tax Receipt, Mobile Food Dispensing Vehicle (MFDV) license, and/or Catering License. The Concessionaire shall employ people to work at this facility who are neat, clean, well groomed and courteous to the guests being served, and County employees. Subject to the American with Disabilities Act, Concessionaire shall supply competent employees, who are physically capable of performing their employment duties and the County may require the Concessionaire to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County property is not in the best interest of the County. All Concessionaire employees shall wear shirts and shorts or pants with the Concessionaire's logo or other identifying marking (such as identification badge). If the County has reasonable evidence to believe that any employee of the Concessionaire is incompetent, disorderly or otherwise has performed his/her duties in an objectionable manner, the County will provide the Concessionaire with a written report and expect the Concessionaire to fully investigate the allegation(s) and take the appropriate action. In the event of a safety or security accident or incident to employees, visitors, and/or property the Concessionaire must communicate to Facilities Management immediately followed by a written incident report (forms will be provided to the awarded Concessionaire.) 3. Tab III, Food Service Concept (10 points) Food service concept, including a list of proposed menu items indicating portion size and price for each item. Collier Countys Wellness Program is a central station for County employees to find all wellness related information. Collier County Government's Wellness program fosters a worksite culture that supports employees and their spouse's desire to make healthy lifestyle choices that encourages personal and professional productivity to enhance their physical and mental well-being. The County's Wellness program will offer food recommendations with the goal of promoting and increasing the prevalence of healthy food and beverages choices. The Wellness program will also market the concessions healthier meal options in their monthly newsletters. Food products/options offered should be guided by the following healthier guidelines for at least 25-50% of their menu options with price of those healthy options relatively lower than less healthy options, when possible: 17-7108 RFP_Food & Beverage Concession for Collier County_12092016 7 • All products purchased contain Og of trans fats. • All individual items have < 480mg sodium per serving, unless otherwise indicated. • No purchase of food products prepared by deep frying. • Whole grain options offered on menu • Beverages: At least 50% of the beverage options must be made up of one or more of the following: • Water, including carbonated • Plain (no added flavor or sugar) non -fat or 1 % low fat dairy milk • Plant -derived milk (e.g. soy, rice, almond) with 130 or less calories per 8 oz serving • Low -calorie beverages that do not exceed 40 calories per 8 oz serving • Non -sweetened tea or coffee • Entree Salads made with lean meats and low fat cheeses • Vegetarian options such as turkey burger, bean burgers, or hummus and vegetable wraps • No alcohol related products and/or advertisement. 4. Tab IV, Capital Investment Commitment (10 points) Design of Facility: Provide a narrative description of proposed concept including overall design concept for the space including the proposed design for the inside and outside of the building and a description of capital improvements to the site. Proposers shall indicate the earliest dates that the proposer can reasonably expect to; (1) begin construction; (2) complete construction; and (3) open the concession. Under the agreement, the Concessionaire will be permitted to make capital improvements to the facility with the written approval of the Director of Facilities Management. All capital improvements will become the property of Collier County at the end of the terms of the agreement. 5. Tab V, Transition Plan for Existing Staff (20 points) Proposer shall provide a plan for participation to existing staff into proposed operations. 6. Tab VI Revenue Plan (20 points) The successful Concessionaire will provide food service, beverage, and miscellaneous sales operations for a monthly commission returned to the County. The Concessionaire will be required to submit written monthly reports specific to COA facility by the fifteenth (15t") day of the following month that contain the following information: • Certified Monthly Sales Report: A summary report which identifies the total: o Monthly gross sales by category (i.e. food, beverage, ice cream/frozen, merchandise, etc.); o Tax dollars for the gross sales; o Copy of State Sales and Use Tax Report for the same accounting period; o Sales dollars less tax, o Credit card number of transactions and dollar amount; o Cash number of transactions and dollar amount; and, o A written certification statement which contains a statement similar to the following: "To the best of my knowledge, The Certified Monthly Sales Report, and any additional reports attached hereto, are accurate and reflect the sales and commission owed to the County." 17-7108 RFP_Food & Beverage Concession for Collier County_12092016 8 o A Report showing daily attendance figures and weather conditions o Proposed percentage of revenue to the County 7. Tab VII Acceptance of Conditions Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements listed in the RFP. If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be considered after the award, or if applicable, during negotiations. 8. Tab Vill Required Form Submittals • Attachment 2: Vendor Check List • Attachment 3: Conflict of Interest Affidavit • Attachment 4: Vendor Declaration Statement • Attachment 5: Affidavit for Claiming Status as a Local Business • Attachment 6: Immigration Affidavit Certification • Attachment 7: Vendor Substitute W-9 • Attachment 8: Insurance and Bonding Requirements • Attachment 9: Reference Questionnaire • Attachment 10: i.e. signed addenda, licenses or certifications, promotional materials, etc. 17-7108 RFP—Food & Beverage Concession for Collier County_12092016 9 Exhibit II: General RFP Instructions 1. Questions Direct questions related to this RFP to the Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2. Pre -Proposal Conference The purpose of the pre -proposal conference is to allow an open forum for discussion and questioning with County staff regarding this RFP with all prospective Vendors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of this RFP as an addendum. All prospective Vendors are strongly encouraged to attend, as, this will usually be the only pre - proposal conference for this solicitation. If this pre -proposal conference is denoted as "mandatory", prospective Vendors must be present in order to submit a proposal response. 3. Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. 4. Ambiguity, Conflict, or Other Errors in the RFP It is the sole responsibility of the Vendor if the Vendor discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Procurement Services Division. 5. Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 6. Delivery of Proposals All proposals are to be uploaded on the County's on line bidding system (www.colliergov.net/bid) before 1:00 PM, Naples local time, on or before May 12, 2017, 7.. Validity of Proposals No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 17-7108 RFP—Food & Beverage Concession for Collier County_12092016 10 8. Evaluation of Proposals The County's procedure for selecting is as follows: 1. The County Manager or designee shall appoint a selection committee to review all proposals submitted. 2. The Request for Proposal is issued. 3. Subsequent to the closing date for the proposals, the Procurement professional will conduct a preliminary review of the proposals received and review each proposal to determine if it's responsive to the requirements of the published RFP. 4. Selection committee meetings will be open to the public and the Procurement professional will publicly post notice of such meeting(s) in the lobby of the Procurement Services Division Building, County calendar and on the County's Procurement Services Internet site. Public meeting dates and times should be posted with at least three (3) days in advance on the County's website calendar. 5. Selection committee members will independently review and score each proposal based on the evaluation criteria stated in the request for proposal using the Individual Selection Committee Score and Rank Form. Committee members will individually prepare comments for discussion at the next meeting. The Individual Selection Committee Score and Rank Form is merely a tool to assist the selection committee member in their review of the proposals. Although it is a tool, the signed form will become part of the final procurement record. 6. At the scheduled selection meeting, the members will present their independent conclusions and comments based on their reading and interpretation of the materials presented to each other, and they may ask questions of one another 7. The Selection Committee reserves the right to hold oral presentations and establish a rank order for presentations. In any of the selection committee meeting deliberations, by consensus, members may request to invite firms in to clarify their proposals, ask for additional information, present materials, interview, and ask questions, etc. The members may consider any and all information obtained through this method in formulating their individual ranking and subsequent selection committee overall ranking and final ranking. 8. Once the individual ranking has been completed, the Procurement professional will direct selection committee members to read their individual ranking publically. The Procurement professional will record individual rankings on the Final Ranking Sheet which will mathematically compile into an overall selection committee rank of proposers. Once final rank is completed by the Committee, the public will be permitted to provide comments (limited to three (3) minutes). 9. After final consensus of the ranking, staff will subsequently enter into negotiations. Recommendation of contract award is dependent upon the successful and full execution of a mutually agreed contract, pending the final approval by the Board of County Commissioners. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, and/or amendments as it may deem appropriate. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Vendor nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances shall not be considered. 17-7108 RFP—Food & Beverage Concession for Collier County_12092016 11 9. References The County reserves the right to contact any and all references pertaining to this solicitation and related proposal. 10. Proposal Selection Committee and Evaluation Factors The County Manager shall appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. Tab I, Similar Experience Tab II, Management and Operation Plan Tab III, Food Service Concept Tab IV, Capital Investment Commitment Tab V, Transition Plan for Existing Staff Tab VI, Revenue Plan Local Vendor Preference TOTAL 10 20 10 10 20 20 10 100 Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest paid dollars by Collier County to the vendor (as obtained from the County's financial system) within the last five (5) years will receive the higher individual ranking. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. 11. Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal, to reject any or all proposals, to re -solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County of Collier. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful Vendor, or their refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of the second ranked firm or to re -advertise using the same or revised documentation, at its sole discretion. 12. Reserved Rights Collier County reserves its right in any solicitation to accept or reject any or all bids, proposals or offers; to waive minor irregularities and technicalities; or to request resubmission. Also Collier County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or decrease quantities to meet the additional or reduced requirements of Collier County. Collier County reserves its right to cancel, extend or modify any or all bids, proposals or offers; to award to one or more vendors; to award all or part of a solicitation; and to award by individual line items when it is deemed to be in the best interest of the County. Collier County reserves its right to reject any sole response. 17-7108 RFP_Food & Beverage Concession for Collier County_12092016 12 Exhibit III: Collier County Purchase Order Terms and Conditions 1. Offer This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance. 3. Acceptance and Confirmation This Purchase Order (including all documents attached to or referenced therein) constitutes the entire agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each delivery of goods and/or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order, No additional terms may be added and Purchase Order may not be changed except by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment, invoice or other communication from VENDOR, notwithstanding the COUNTY'S acceptance or payment for any delivery of goods and/or services, or any similar act by VENDOR. Inspection All goods and/or services delivered hereunder shall be received subject to the COUNTY'S inspection and approval and payment therefore shall not constitute acceptance, All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR'S expense. To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and/or services provided early in the term of the Purchase Order are non -conforming or otherwise rejected by the COUNTY. Shipping and Invoices a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations, Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice, c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load (LCL) shipments and/or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR'S expense that is not marked with Purchase Order numbers, VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act," and, pursuant to the Board of County Commissioners Purchasing Policy, 5. Time Is Of the Essence Time for delivery of goods or performance of services under this Purchase Order is of the essence, Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY'S right to insist upon further compliance with all specifications. Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change 17-7108 RFP_Food & Beverage Concession for Collier County_12092016 13 increase or decrease the cost of, or. the time required for performance of the Purchase Order, an equitable adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. Warranties VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. Statutory Conformity Goods and servicesprovided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. Advertising - No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or services, or appropriate or make use of the COUNTY'S name or other identifying marks or property without the prior written consent of the COUNTY'S Purchasing Department. 10. Indemnification VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and/or services to be provided hereunder. 11. Warranty of Non -Infringement VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are; a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade 'secret; and c) do not constitute unfair competition. VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY'S use of the goods and/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY'S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non -infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). 12. Insurance Requirements The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 13. Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non -exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans' status. Further, VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and 17-7108 RFP_Food & Beverage Concession for Collier County_12092016 14 Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 14. Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and/or services to the COUNTY. 15. Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16. Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 17. Annual Appropriations The COUNTY'S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR, This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this. Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 19. General a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in accordance with Florida Statute Chapter 112,061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and/or Conditions that are most favorable to the County and/or provide the greatest protection to the County shall govern. 17-7108 RFP_Food & Beverage Concession for Collier County_12092016 15 Exhibit IV: Additional Terms and Conditions for RFP 1. Insurance Requirements The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed onbehalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests' provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The "Certificate Holder' should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in the Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self -insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibleswill be Vendor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non -renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the 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 Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor 17-7108 RFP_Food & Beverage Concession for Collier County_12092016 16 hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 2. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 3. Additional Items and/or Services Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Procurement Ordinance. 4. County's Right to Inspect The County or its authorized Agent shall have the right to inspect the Vendor's facilities/project site during and after each work assignment the Vendor is performing. 5. Vendor Performance Evaluation The County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 6. Additional Terms and Conditions of Contract Collier County has developed standard contracts/agreements, approved by the Board of County Commissioners (BCC). The resultant contract(s) may include purchase or work orders issued under one, or any combination of price methodologies by the County's project manager. The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Vendor. 17-7108 RFP_Food & Beverage Concession for Collier County_12092016 17 The County's project manager, shall coordinate with the Vendor / Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 7. Payment Method Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerk(a-).collie rclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: • Traditional — payment by check, wire transfer or other cash equivalent. • Standard — payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 17-7108 RFP_Food & Beverage Concession for Collier County_12092016 18 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the Local Government Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 8. Environmental Health and Safety All Vendors and Sub vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor's work operations. This provision is non-negotiable by any department and/or Vendor. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 9. Licenses The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non -responsive. A Vendor, with an office within Collier County is also required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain "active" in Collier County. If you have questions regarding professional licenses contact the Contractor Licensing at (239) 252- 2431, 252-2432 or 252-2909. Questions regarding required occupational lioenses, please contact the Tax Collector's Office at (239) 252-2477. 17-7108 RFP_Food & Beverage Concession for Collier County_12092016 19 10. Principals/Collusion By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 11. Relation of County It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 12. Termination Should the Contractor be found to have failed to perform services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the award of this solicitation is made by the Procurement Services Director, the award and any resultant purchase orders may be terminated at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board's Procurement Ordinance. 13. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Procurement Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. 14. Public Records Compliance Florida Public Records Law Chapter 119, including specifically those contractual requirements in 119.0701(2)(a)-(b) 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: 17-7108 RFP_Food & Beverage Concession for Collier County_12092016 20 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 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. 15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1601) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 16. Single Proposal Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub - consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub - consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non -responsive and rejected from further consideration. 17. Survivability The Contractor agrees that any Purchase Order that extends beyond the expiration date of Solicitation 17-7108 resultant of this solicitation will, survive and remain subject to the terms and conditions of that Agreement until the completion or termination of any Purchase Order. 18. Protest Procedures Any prospective vendor / proposer who desires to protest any aspect(s) or provision(s) of the solicitation (including the form of the solicitation documents or procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with the County's then current Procurement Ordinance and policies. 17-7108 RFP—Food & Beverage Concession for Collier County_12092016 21 The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Procurement Services Division on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Procurement Director. 19. Public Entity Crime A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287,017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 20. Security and Background Checks The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS(aD-colliergov.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. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs. 17-7108 RFP_Food & Beverage Concession for Collier County_12092016 22 21. Conflict of Interest Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 22. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 23. Immigration Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States, The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet - based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the BidderNendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's / vendor's proposal may be deemed non -responsive. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 17-7108 RFP—Food & Beverage Concession for Collier County_12092016 23 as located at 8 U.S.C. 1324, et seg. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 24. Collier County Local Preference Policy Collier County provides an incentive to local business to enhance the opportunities of local businesses in the award of County contracts. In the evaluation of proposals, the County rewards Vendors for being a local business by granting a ten (10) points incentive in the evaluation criterion points. Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non- permanent structure such as a construction trailer, storage shed, or other non -permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. Under this solicitation proposers desiring to receive local preference will be invited and required to affirmatively state and provide documentation as set forth in the solicitation in support of their status as a local business. Any proposer who fails to submit sufficient documentation with their proposal offer shall not be granted local preference consideration for the purposes of that specific contract award. Except where federal or state law, or any other funding source, mandates to the contrary, Collier County and its agencies and instrumentalities, will give preference to local businesses in the following manner. For all purchases of commodities and services procured through a competitive proposal process and not otherwise exempt from this local preference section, the solicitation shall include a weighted criterion for local preference that equals 10 percent of the total points in the evaluation criteria published in the solicitation. Purchases of professional services as defined and identified under subsection 11 B.2 (which are subject to Section 287.055, F.S.) and subsection 11 B.3 (which are subject to Section 11.45, F.S.) shall not be subject to this local preference section. The vendor must complete and submit with their proposal response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a vendor to submit this Affidavit with their proposal response will preclude said Vendor from being considered for local preference under this solicitation. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. 17-7108 RFP_Food & Beverage Concession for Collier County_12092016 24 col r ca_".nty Administrative Services Department Procurement Services Division Attachment 1: Vendor's Non -Response Statement The sole intent of the Collier County Procurement Services Division is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Vendors not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page, or mail to Collier County Government, Procurement Services Division, 3295 Tamiami Trail E, Naples, FL 34112. We are not responding to Solicitation 17-7108 "Food & Beverage Concession for Collier County" for the following reason(s): ❑ Services requested not available through our company. ❑ Our firm could not meet specifications/scope of work. ❑ Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.) ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: ❑ Other reason(s): Name of Firm: Address: City, State, Zip: Telephone; Email: Representative Signature: Representative Name; Date 17-7108 RFP_Food & Beverage Concession for Collier County_12092016 25 cover C014"ty Administrative Services Department Procurement Seivices Division Attachment 2: Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: ❑ The Proposal has been signed. ❑ All applicable forms have been signed and included, along with licenses to complete the requirements of the project. ❑ Any addenda have been signed and included. Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Cate 17-7108 RFP_Food & Beverage Concession for Collier County_12092016 26 Cofer Cor4.1✓rty Administrative Services Department Procurement Seivices Division Attachment 3: Conflict of Interest Affidavit The Consultant certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with: 17-7108 Food & Beverage Concession does not pose an organizational conflict as described by one of the three categories below: Biased ground rules — The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity — The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information — The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / consultant must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. 3. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Firm: Signature and Date: Print Name: Title of Signatory: _ State of County of SUBSCRIBED AND SWORN to before me this _ day of 20 by , who is personally known to me to be the for the Firm, OR who produced the following identification Public Commission 17-7108 RFP_Food & Beverage Concession for Collier County_12092016 27 Co76-r County Administrative Services Department Procurement Services Division Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: Solicitation: 17-7108 "Food & Beverage Concession for Collier County" Dear Commissioners: The undersigned, as Contractor declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Contractor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Consultant states that the proposal is based upon the proposal documents listed by the above referenced Solicitation 17-7108 "Food & Beverage Concession for Collier County." (Proposal Continued on Next Page) 17-7108 RFP_Food & Beverage Concession for Collier County_12092016 28 PROPOSAL CONTINUED IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of 120 in the County of in the State of Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number: Federal Tax Identification Number CCR # or CAGE Code Telephone: FAX: Signature by: (Typed and written) Title: Additional Contact Information Send payments to: (required if different from above) Company name used as payee Contact name: Title: Address: City, State, ZIP Telephone: FAX: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email 17-7108 RFP_Food & Beverage Concession for Collier County_12092016 29 Co e,r Coui ty Administrative Services Department Procurement Services Division Attachment 5: Affidavit for Claiming Status as a Local Business Solicitation: 17-7108 "Food & Beverage Concession for Collier County" (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business ❑ Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Procurement Ordinance of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Procurement Ordinance: Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non -permanent structure such as a construction trailer, storage shed, or other non -permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. Vendor must complete the following information: Year Business Established in ❑Collier County or ❑ Lee County: Number of Employees (Including Owner(s) or Corporate Officers): Number of Employees Living in ❑ Collier County or ❑ Lee (Including Owner(s) or Corporate Officers): If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit, Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Collier or Lee County Address: Signature: STATE OF FLORIDA ❑ COLLIER COUNTY ❑ LEE COUNTY Date: Title: Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of 20 Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) 17-7108 RFP_Food & Beverage Concession for Collier County_12092016 30 c"o L County Administrative Services Department Procurement Seivices Division Attachment 6: Immigration Affidavit Certification Solicitation:17-7108 "Food & Beverage Concession for Collier County" This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor / Bidder's proposal as non -responsive, Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's / Bidder's proposal. Company Name Print Name Signature State of County of Title Date The foregoing instrument was signed and acknowledged before me this day of 20_, by (Print or Type Name) Notary Public Signature Printed Name of Notary Public Notary Commission Number/Expiration who has produced as identification. (Type of Identification and Number) The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. 17-7108 RFP_Food & Beverage Concession for Collier County_12092016 31 Co te-r Comity Administrative Services Departmonl Procurement SerAces Dklsion Attachment 7: Vendor Substitute W — 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name (as shown on income tax return) Business Name (if different from taxpayer name) Address State Telephone Order Informatior Address City FAX Email FAX State Zip 2, Company Status (check only one) City Zip Email Remit / Payment Information Address City State FAX Email 0 _Individual / Sole Proprietor _Corporation _Partnership _Tax Exempt (Federal income tax-exempt entity _ Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c) 3) Enter the tax classification (D = Disregarded Entity, C = Corporation, P = Partnership) 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) (Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, 1 certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number 17-7108 RFP_Food & Beverage Concession for Collier County_12092016 32 Carew C014.-n1;y Aciminish6ve Services Department Procurement Sei.,ices Dirisiun Attachment 8: Insurance and Bonding Requirements insurance !,Bond Type Required Limits 1. ❑Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements 2. ®Employer's Liability $500,000 single limit per occurrence 3, ®Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and. Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability 4, ❑Indemnification To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant 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. 4. Automobile Liability $ 500,000 Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 5. ❑ Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement, $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per Occurrence • $ 500,000 each claim and in the aggregate • $1,000,000 each claim and in the aggregate • $2,000,000 each claim and in the aggregate ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Valuable Papers Insurance $ Per Occurrence ❑ Employee Dishonesty / Crime $ Per Occurrence Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss Payee endorsement naming Collier County. 6, ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. ❑ Performance and For projects in excess of $200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. ❑ Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ❑ Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ❑ The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ❑ Thirty (30) Days Cancellation Notice required. RLC 4/20/2017 Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Date Vendor Signature Print Name Insurance Agency Agent Name Telephone Number 17-7108 RFP_Food & Beverage Concession for Collier County_12092016 34 C�1091er C'Ouuty Adniinistrative Services Urvision Purchasing Memorandum Date: May 1, 2017 Email: VivianaGiarimoustas@colliergov.net Telephone: (239) 252-8375 ADDENDUM #1 From: Viviana Giarimoustas, Procurement Strategist To: Interested Parties Subject: RFP 17-7108 Food and Beverage Concession for Collier County The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: • Scope of Work on page 4 states: The antiGipated GentraGt term will be for the peFiod ef-&� (60) MORths, Additienally, by mutual agreement and funding availability, the GentraGt may be renewed f9F ene term Gf sixty menths. in ne event, induding renewal GP1JGRG, shall the • Detailed scope of work on page 5 states: The existing food concession space consists of a free-standing building of approximately 770 square feet, which includes, large+� refFigerateF, sink, and electrical outlets. Note: Language deleted has been seek through. If you require additional information please call Viviana Giarimoustas, Purchasing Department at 239- 252-8375 or by e-mail at VivianaGiarimoustas(a-)-colliergov.net . Thank you. C: Dennis Linguidi, Facilities Division Director c6le-r Couftty Adrninistrative Service Division Purch?sinq Memorandum Date: May 8, 2017 Email: VivianaGiarimoustas@colliergov.net Telephone: (239) 252-8375 ADDENDUM # 2 From: Viviana Giarimoustas, Procurement Strategist To: Interested Parties Subject: RFP 17-7108 Food and Beverage Concession for Collier County The terms for this solicitation have been updated. The county will be seeking a five (5) year initial term with 2 one (1) year renewal options. If you require additional information please call Viviana Giarimoustas, Purchasing Department at 239- 252-8375 or by e-mail at VivianaGiarimoustas(a-),colliergov.net . Thank you. C: Dennis Linguidi, Facilities Division Director CoAlle"rr coulity Administrative Services INvlsion Purchasing Memorandum Date: May 9, 2017 Email: VivianaGiarimoustas@colliergov.net Telephone: (239) 252-8375 ADDENDUM # 3 From: Viviana Giarimoustas, Procurement Strategist To: Interested Parties Subject: RFP 17-7108 Food and Beverage Concession for Collier County The following attachment is a copy of the previous contract. If you require additional information please call Viviana Giarimoustas, Purchasing Department at 239- 252-8375 or by e-mail at VivianaGiarimoustas(a),colliergov.net . Thank you. C: Dennis Linguidi, Facilities Division Director coviceer C Ounty Adrrunistrative Services Ulvision Purchasing Memorandum Date: IMay 9, 2017 Email: VivianaGiarimoustas@colliergov.net Telephone: (239) 252-8375 ADDENDUM # 4 From: Viviana Giarimoustas, Procurement Strategist To: Interested Parties Subject: RFP 17-7108 Food and Beverage Concession for Collier County The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: Detailed Scope of Work on page 5 states: The existing food concession space consists of a free-standing building of approximately 770 square feet, which includes large built in sink, and electrical outlets (attachment provided). All other equipment necessary to provide service is required to be supplied by vendor. Current vendor prepares all food offsite. Water and electric service cost will be the responsibility of the County as there are not separate meters for the building. The location of the food concession space is subject to relocation if deemed necessary by the County but will conform to the same general specifications. Successful proposers shall provide all initial capital improvements and any and all equipment necessary for day to day operation of the concession. All improvements must be approved in advance and in writing by the Director of Facilities Management or his designee. If future expansion and renovation of the concession space is deemed appropriate by the County, capital investment in these facilities/equipment will be negotiated with the awarded vendor. Note: Language underlined has been added. If you require additional information please call Viviana Giarimoustas, Purchasing Department at 239- 252-8375 or by e-mail at VivianaGiarimoustas(a),colliergov.net . Thank you. C: Dennis Linguidi, Facilities Division Director Exhibit B - Concessionaire's Proposal (following this page) Page117 Agreement # 17-7108 Food & Beverage Concession for Collier County FIRST AMENDMENT TO AGREEMENT #17-7108 FOR FOOD AND BEVERAGE CONCESSION FOR COLLIER COUNTY THIS AMENDMENT made and entered into on this day of X001N !1 2019, by and between Zack's Food Cart Ministry Catering, Inc. (the "Concessionaire" or "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WHEREAS, on July 10, 2017 (Agenda Item 16.C.10), the County entered into an Agreement with Contractor to provide food and beverage concessionaire services at the Main Government Complex located at 3308 Tamiami Trail East, Naples, Florida 34112 with monthly commission of 20% of gross sales, but not less than one thousand dollars, paid to the County; and WHEREAS, the parties desire to amend the Agreement to add a temporary location for concessionaire services at Barefoot Beach located at 5901 Bonita Beach Road, Bonita Springs, Florida, 34134 with services ending May 28, 2019, pursuant to Section 2, subsection D., Additional Services/Products. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the parties as follows: 1. Contractor shall provide temporary food and beverage concessionaire services at Barefoot Beach, upon execution of this Amendment through May 28, 2019. 2. All other terms and conditions of the Agreement remain the same. (SIGNATURE PAGE TO FOLLOW) * * * * * *Remainder of page left blank intentionally* Page 1 of 2 FIRST AMENDMENT TO AGREEMENT # 17-7108 tCA� IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Amendment on the date and year first written above. C©N I IN C R EWWS FOOD CART MINISTRY CATERING By: TType/print signature and titleT ate Contractor's Witnesses: u vpe/Print witness nameT witness name �y I3 3AR1-9 OF COUNTY CC►MllrIIS93 raRS C+ )LLIER COUNTY, FLORIDA Director of Procurement Services Division Date Legality: Deputy C"aur►ly�Altorney I L QL (� Prm ame Page 2 of 2 FIRST AMENDMENT TO AGREEMENT #17-7? G8 From:Zack Young To:GonzalezAlina Subject:Termination of contract 17-7108 Date:Monday, April 20, 2020 3:52:42 PM EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good afternoon Alina, Please Take this email as our official termination of contract 17-7108. Since we are not operating at the present time lets make May 1st, 2020 as our official date of termination. Our official last day of business was March 27th 2020. Just a brief explanation as to why we have had to come to this decision. 1. We have fallen behind on revenue payments to Collier County that started in October of 2019 Facilities Management team graciously worked with me to setup a payment plan to be all caught up by 3/15/2020. Unfortunately we have not fulfilled that specific due date. Due to all of our profitable locations being shutdown either for repair or Covid -19. 2. After carefully reviewing profit and loss statements since August 2017 We have not shown a profit from this particular location due to very high overhead. Our labor cost were 33% and food cost was 37% and 11% for insurance, payroll tax workman comp etc. this is very high cost for any food establishment. I understand in a perfect world one would take the 27% and set aside for taxes and Revenue payments this did not happen due to cost of goods needing to be bought in advance for projected weeks to come and sometimes those projections are less/more than predicted causing us difficulties in operating. Myself and Cindy has built some great relationships over the years while providing service to the Government Center and it is with great sadness that we have to close down our operation. I do understand there is a balance owed to the BCC. It is my full desire and commitment that these funds will be paid. Unfortunately with all of our operations being closed I don't have an estimated date of when I will be able to pay in full the balance. I would also like to thank everyone from Facilities and the Government Center for supporting and always being there for us. Thanks Zack R. Young 239-692-3298 16.C.4.c Packet Pg. 484 Attachment: Zacks Termination of contract 17-7108 (12366 : Recommendation to terminate Agreement No. 17-7108 with Zack’s Food Cart