Agenda 10/26/2021 Item #11C (Award ITN #21-7898 w/Sports Facilities Management, LLC)
Proposed Agenda Changes
Board of County Commissioners Meeting
October 26, 2021
Continue Item 16F1 indefinitely: *** This item continued from the September 28, 2021 and October 12,
2021 BCC Meeting Agendas. *** Recommendation to approve and authorize the Chairman to sign the
Extension and Amendment of the Agreement with The Partnership for Collier’s Future Economy, Inc.
(“Partnership”) in continued support of the established public-private partnership designed to advance the
County’s economic development efforts. (All Districts) (Staff’s Request)
Continue Item 17A to the November 9, 2021 BCC Meeting: *** This item has been continued from the
October 12, 2021 BCC Meeting Agenda. *** Recommendation to adopt an ordinance creating the Collier
County Public Art Committee to advise the Board on all matters relating to the public art within the entire
unincorporated area of the County, including the Bayshore Gateway Triangle Community Redevelopment
area. (All Districts) (Commissioner Taylor’s Request)
Continue Item 17B to the December 14, 2021 BCC Meeting: *** This item has been continued from the
September 28, 2021 and October 12, 2021 BCC Meeting Agendas. *** A Resolution of the Board of County
Commissioners proposing amendments to the Collier County Growth Management Plan, Ordinance 89-05,
as amended, relating to the Rural Fringe Mixed Use District Restudy and specifically amending the Urban
Mixed Use District, Urban Residential Fringe Subdistrict and the Rural Fringe Mixed Use District of the
Future Land Use Element to require Transfer of Development Rights for Comprehensive Plan amendments
for increased residential density; amending the Urban Mixed Use District, Urban Residential Fringe
Subdistrict to remove the density bonus cap on residential in-fill and remove the requirement to use
Transfer of Development Rights within one mile of the Urban boundary; and amending the Rural Fringe
Mixed Use District of the Future Land Use Element to change development standards and requirements, to
increase density on Receiving Lands located along Immokalee Road, increase density on Receiving Lands for
affordable housing, add Transfer of Development Rights Credits, add uses in Receiving areas, and add a
conditional use for recreation in Sending Lands, and to amend development standards for Rural Villages;
and create the Belle Meade Hydrologic Enhancement Overlay; and furthermore directing transmittal of the
amendments to the Florida Department of Economic Opportunity. [PL20200002234] (District 1, District 3,
District 5) (Staff’s Request)
Continue Item 11C to the November 9, 2021 BCC Meeting: Recommendation to
approve the award of Invitation to Negotiation # 21-7898 for “Collier County Sports
Complex Management” to Sports Facilities Management LLC and authorize the
Chairman to execute the attached agreement. (District 5) (Commissioner Taylor’s
Request)
Note: Staff requests Board direction to extend the agreement with the current Sports Complex vendor should
Item 11C be continued to the 11/9 BCC meeting. This will require the agreement of the current vendor.
Time Certain Items:
Item 11B to be heard no sooner than 1:00 pm – Collier Mosquito Control District public lands update
11/30/2021 1:52 PM
10/26/2021
EXECUTIVE SUMMARY
Recommendation to approve the award of Invitation to Negotiation ("ITN") # 21-7898 for "Collier
County Sports Complex Management" to Sports Facilities Management LLC, and authorize the
Chair to sign the attached agreement.
OBJECTIVE: To obtain the services of a Contractor for the management, operation, advertising
services, and marketing of the Paradise Coast Sports Complex.
CONSIDERATION: The Board's vision and mission is to bring the residents, tourists, and general
southwest Florida public a world class multi -purpose sporting event and entertainment complex to be
used by all ages and types of users, including participants and spectators. On May 25, 2021, (Agenda Item
#16173) the Board authorized the termination of the sports management agreement with the current
operator of the Paradise Coast Sports Complex, and directed staff to seek proposals for the management,
operation, advertising, and marketing of the 180-acre multi -purpose sports event and entertainment complex.
On June 3, 2021, the Procurement Services Division issued a notice for ITN # 21-7898, "Collier County
Sports Complex Management." The County received seven proposals by the July 20, 2021, submission
deadline. Staff reviewed the proposals submitted, and found six proposals to be responsive and
responsible. Staff deemed Base Sports Group LLC non -responsive and non -responsible for not
submitting a response to the criteria requested in the solicitation.
A selection committee met on August 25, 2021. The evaluation criteria solicited the proposers
qualifications, facility management and marketing experience, work experience, vendor
recommendations, legal and contract challenges, and price proposals. After review of the proposals and
deliberating, the committee recommended negotiating with the following top three ranked vendors.
Proposers
Total Scores (max 500)
Final Ranking
Sports Facilities Management LLC
445
1
Vieste LLC
370
2
Sports Force Parks Naples LLC
345
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Staff negotiated with all three firms and is recommending that a contract be awarded to Sports Facilities
Management, LLC, who provided a proposal that staff believes is in the County's best interest, both
economically and operationally. The attached Agreement will be effective November 22, 2021, and
provides for an initial five-year term, with one additional five-year renewal option.
FISCAL IMPACT: Funding for this Agreement is available annually in Amateur Sports Complex Fund
(759). In FY 22, Fund 759 includes a transfer of $473,300 from the TDC Promotion Fund (184) and a
transfer of $3,029,100 from the General Fund (001). Budgeting for this contract will be subject to an
annual review and based upon actual costs of the previous year, completed in conjunction with the
County's annual budget process.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for Board approval. -SRT
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this
Executive Summary.
RECOMMENDATION: Recommendation to award Invitation to Negotiation # 21-7898, "Collier
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10/26/2021
County Sports Complex Management," to Sports Facilities Management LLC and authorize the Chair to
sign the attached contract.
Prepared by: Jennifer Reynolds, Financial and Operational Support Manager
ATTACHMENT(S)
1.21-7898 Solicitation (PDF)
2.21-7898 Final Ranking (PDF)
3.21-7898 NORA.docx (PDF)
4. Sports Facilities Pro Sery Agreement 21.8998 Final 101921 (PDF)
5. Vieste Pro Sery Agreement 21.7898 101921 Final (PDF)
6. Sports Force Pro Sery Agreement 21.7898 Final (PDF)
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10/26/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: I LC
Doe ID: 20417
Item Summary: Recommendation to approve the award of Invitation to Negotiation # 21-7898 for
"Collier County Sports Complex Management" to Sports Facilities Management LLC and authorize the
Chairman to execute the attached agreement (Sean Callahan, Deputy County Manager).
Meeting Date: 10/26/2021
Prepared by:
Title: — County Manager's Office
Name: Sean Callahan
10/20/2021 8:47 AM
Submitted by:
Title: — County Manager's Office
Name: Sean Callahan
10/20/2021 8:47 AM
Approved By:
Review:
Procurement Services
Corporate Business Operations
Procurement Services
County Attorney's Office
Office of Management and Budget
County Attorney's Office
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Sandra Herrera
Level 1 Purchasing Gatekeeper
Sean Callahan
Additional Reviewer
Sandra Herrera
Additional Reviewer
Scott Teach
Level 2 Attorney Review
Debra Windsor
Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Susan Usher
Additional Reviewer
Sean Callahan
Level 4 County Manager Review
Geoffrey Willig
Meeting Pending
Completed
10/20/2021 8:51 AM
Skipped
10/20/2021 8:59 AM
Completed
10/20/2021 9:00 AM
Completed
10/20/2021 10:43 AM
Completed
10/20/2021 10:48 AM
Completed
10/20/2021 10:54 AM
Completed
10/20/2021 2:10 PM
Completed
10/20/2021 2:28 PM
10/26/2021 9:00 AM
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11.C.a
Collier County
Administrative Services Department
Procurement Services Division
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
INVITATION TO NEGOTIATE (ITN)
FOR
SPORTS COMPLEX MANAGEMENT
SOLICITATION NO.: 21-7898
VIVIANA GIARIMOUSTAS, PROCUREMENT STRATEGIST
PROCUREMENT SERVICES DIVISION
3295 TAMIAMI TRAIL EAST, BLDG C-2
NAPLES, FLORIDA 34112
TELEPHONE: (239) 252-8375
Viviana.Giarimoustas@colliercountyfl.gov (Email)
This solicitation document is prepared in a Microsoft Word format (Rev 8/7/2017). Any alterations
to this document made by the Vendor maybe grounds for rejection of proposal, cancellation of any
subsequent award, or any other legal remedies available to the Collier County Government.
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SOLICITATION PUBLIC NOTICE
INVITATIOIN TO NEGOTIATE (ITN)
21-7898
NUMBER:
PROJECT TITLE:
Sports Complex Management
ITN OPENING DAY/DATE/TIME:
Tuesday July 6, 2021,10:00 AM EST
PLACE OF ITN OPENING:
PROCUREMENT SERVICES DIVISION
3295 TAMIAMI TRAIL EAST, BLDG C-2
NAPLES, FL 34112
All proposals shall be submitted online via the Collier County Procurement Services Division Online Bidding System:
httDs://www.bidsvnc.com/bidsvnc-cas/
INTRODUCTION
As requested by the Corporate Business Operations Division (hereinafter, the "Division"), the Collier County Board of County
Commissioners Procurement Services Division (hereinafter, "County") has issued this Invitation to Negotiate (hereinafter, "ITN")
with the intent of obtaining proposals from interested and qualified operators in accordance with the terms, conditions and
specifications stated or attached. The operator, at a minimum, must achieve the requirements of the specifications or scope of work
stated.
It is the vision and mission of the Collier County Board of County Commissioners to bring the residents, tourists, and general
Southwestern Florida public a world class multi -purpose sport event and entertainment complex that will be for all ages and types of
users including participants and spectators.
The County is requesting proposals for management, operation, advertising, and marketing of an up to 180-acre multi -purpose sports
event and entertainment complex. The County intends to negotiate a contract with qualified operators that offer a proposal that is
deemed to be in the County's best interest, both economically and operationally.
The County will share the revenue from, but not limited to the following: income from parking, concessions, registrations, onsite-
advertising, admissions, and vender registrations. The operator is expected to manage the following, but not limited to:
ticketing/admissions, bookings, concessions, registration, vendors, parking, onsite activation and signage, and entertainment.
BACKGROUND
Collier County is situated in southwest Florida and spans 2,025 square miles of land area. In 2010, approximately 321,520 of Collier
County's 357,870 residents lived in the unincorporated areas of the county; the remainder lived in Naples, Marco Island and
Everglades City. Today, the population is close to 387,450 residents, making Collier County the 16th most populous of the 67
counties in the state of Florida — and the richest. The high rate of growth and development trends have resulted in increasing
demands for housing and infrastructure, along with heightened expectations for a sustained and improved quality of life by Collier
County residents. The County continues to grow at an accelerated rate and is looking to the future by ensuring that all beneficial
economic development opportunities are realized.
TERM OF CONTRACT
The contract term, if an award(s) is/are made is intended to be for five (5) years with two (2) two (2) year renewal options. Prices
shall remain firm for the initial term of this contract.
Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing
structure.
DETAILED SCOPE OF WORK
1. PROJECT CONCEPT AND OBJECTIVES
1.1 The County has constructed a multi -use sports, special events and entertainment complex (hereinafter, "complex") to
attract and host youth, adult sports leagues, amateur tournament play and a multitude of events designed to draw
tourists, local and non -local residents, participants, spectators, and event attendees. Further expansions of the complex
are underway with more additions planned for the future.
1.2 The complex must be accessible to local and non -local residents, athletes and event attendees on weekdays,
weeknights and weekends when not specifically booked for an event.
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1.3 The County anticipates that the complex may include multiple venues and up to twenty-one (2 1) multi -purpose nelus,
a 3,000 to up to 10,000 seat expandable stadium, up to 125,000 square foot indoor facility, and possibly softball/youth
baseball fields. The indoor facility will include multiple sports amenities and the ability to host special events, it will
include concession areas, restaurant(s), group event and classroom area(s), locker rooms, coach's offices, and other
related ancillary facilities.
1.4 The County desires to maximize the use of the complex and its revenue- generating capacity and reserves the right to
market the venue(s) naming rights, sponsorship, advertising, and promotional opportunities.
1.5 The County desires to provide and coordinate a broad array of cultural, educational, entertainment, recreation and
sporting and other activities and events to meet the demands of the county's residents, visitors, and the adjacent
communities.
1.6 The County desires to involve, as much as practical and practicable, the local community in the business and
employment opportunities associated with the complex and its events.
1.7 To protect the County's investment, the complex must be maintained at the highest possible level and available in a
declared State of Emergency, as it may be used as a resource for shelter and staging. 3
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1.8 The County intends to negotiate a multi -year "sliding scale revenue sharing model" securing its share of annual
revenue from operation of the complex. The purposes of such are to: (1) place the burden on the offeror to develop a E
realistic business plan and model; and (2) to secure sufficient return on investment (ROI) to the County and offeror. a�
2. SCOPE OF SERVICES
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Development
of Concept and Project Scope of Work
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2.1
The operator will be responsible for studying area demographics and associated metrics to provide input to the
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complex's "mix" of facilities and types of events supported. Due to the tremendous investment, the County will
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heavily scrutinize business and marketing plans and models to ensure they are reasonable, realistic, and sustainable.
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2.2
The operator will provide input to the project's delivery team and shall conduct a project feasibility study in an effort
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to determine early issues (i.e., traffic, parking, location, permitting issues, etc.), and identify any features that could
adversely affect their successful operation of the complex.
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2.3
The awarded operator shall review and evaluate land/project site options, design and assist the County in determining
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features and amenities on the complex to ensure positive revenue growth.
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2.4
Proposals shall include a draft five-year proforma based on amenities layout alternatives for County's review,
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discussion, and approval.
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2.5
Proposals shall have a complete business plan including one (1), five (5) and ten (10) year income/estimates.
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An example of revenue sharing may look like the following:
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YEARS 1 & 2, a split of 70% contractor and 30% County
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YEARS 3 & 4, a split of 60% contractor and 40% County
YEAR 5, a split of 50% contractor and 50% County
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YEARS 6 -10, a split of 35% contractor and 65% County
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2.6 The awarded operator shall develop an annual analysis of the economic, regional, and otherwise, of the complex's Q
impact through added jobs, taxes, tourism, etc.
2.7 The awarded operator shall provide to the County, at any time per County request, all financial documents including
though not limited to receipts, contracts with subcontractors and affiliates, purchasing records, Point Of Sale (P.O.S.),
reports, balance sheets, profit and loss documents. All items listed and unlisted will also be provided to the Collier
County Clerk of Courts upon request. P.O.S. systems to be used, will be approved to connectivity and to have the
ability to communicate with County IT systems.
Consulting and Assistance During Design and Construction of the Complex
2.8 The awarded operator will assist the County delivery team (staff, consultants, engineers, architects, and senior
management) in developing the project concept and assist in the design build. They will work with the selected
Project Architect, at the County's direction, throughout design and construction to coordinate efforts and ensure that
the approved concept and scope of work are adhered to.
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Management, Operation, Advertising and Marketing of the Complex
2.9 The County views its relationship with the operator as a critical partnership. The credibility, viability and financial
success of the complex will, to a large degree, depend on the success of this partnership.
2.10 The operator shall run, market, solicit, advertise, and conduct public relations activities for leagues, sporting events,
concerts, tournaments, and other gatherings, including special events of substantial size and scope to maximize use of
the complex at NO cost to the County.
2.11 Complex is owned and maintained by the County. This will include capital investment and improvements.
2.12 The County intends to negotiate with as many proposers that are deemed qualified to obtain the highest possible ROI
that meets the project objectives. The County believes that ROI is directly related to identifying the proper mix of
events and fulfilling residents' needs.
2.13 The County will supply landscape maintenance and janitorial services as an aspect of facilities maintenance. This is
open to negotiations if at any point the operator feels they can perform these services in a manner that provides cost
savings to the County. 3
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2.14
Operator shall create an annual marketing plan for the complex.
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2.15
Operator will follow County travel polices.
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2.16
Operator will conduct backend accounting, sales, operations, and marketing support services.
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2.17
Additional hires require County approval. Hiring will include everything necessary to run the complex.
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2.18
Operator will collaborate and coordinate with the County's Parks and Recreation Department and Convention and
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Visitors Bureau to reduce duplication of efforts.
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2.19
Though the County reserves the right to market the venue(s) naming rights, sponsorship, advertising, and promotional
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opportunities — proposals should include these items with detailed commission structures separate and apart from the
operating proforma.
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2.20
Operator shall manage and run unforeseen additions or changes in the construction schedule, or project — as there may
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be future amenities not in the original plan and will be expected to manage, operate, and provide oversight. Additions
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may include, but are not limited to: obstacle course, beach volleyball course, hockey rink, or quiet space.
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2.21
Operator shall manage a hotel booking service for complex events that is capable of securing room blocks with local
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hotels which includes an online booking solution and is capable of pre and post event reporting on room nights and
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revenues. Proposals should detail the model and expected revenue considerations for this platform. The County
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reserves the right to place cost controls on room booking models.
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2.22
Operator shall run, advertise, and market The Factory, a separate aspect of the whole complex, that includes:
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• National Fitness Court Programming — Free to the public
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• Open Air Classroom
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• Membership based: Open Air/Functional Fitness
o Fully functioning fitness -based membership space with full group class offerings
o May sub -contract work as need, with County approval, branding must remain intact.
• The Lake trail with workout stations
2.23 Operator shall run, advertise, and market The Cove — food truck bar and pavilion, a separate aspect of the whole
complex, that includes:
• Vendor management
• Health department upkeep
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• Food truck management and operations
• Permit/License Management
• Coordination with toumament/event schedule, along with normal operating hours best fit
• Concessions for other locations — outside of events.
3. ADDITIONAL REMARKS
3.1 The County reserves the right to retain all proposals submitted and to use any ideas that may or may not be contained
in the received proposals, regardless of if a proposal is selected.
3.2 Operator may be asked to take over operations, oversight, and additional inventory of other County owned sites and
location, including, but not limited to North Collier Regional Park, Big Corkscrew Island Regional Park, Vineyards
Community Park, and Veterans Community Park. The venue will be compensated through rental fees and/or revenue
sharing contract — whichever is more advantageous for both parties at the time.
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3.3 The County utilizes the work order system City Works. The Project Manager or designee will initiate work to be
performed. Work orders will be submitted to the operator and must be performed within a seven (7) day period, unless
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given further notice by management. All work must be discussed and approved by the County prior to work being
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performed. All work orders must be returned to the Project Manager or designee with an explanation of work
performed. Locates are required prior to work being performed if work is six (6) inches in depth.
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INVITATION TO NEGOTIATE (ITN) PROCESS
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1.1 The Proposers will submit proposal which will be scored based on the criteria in Grading Criteria for Development of
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Shortlist, which will be the basis for short -listing the vendors.
The Proposers will need to meet the minimum requirements outlined herein in order for their proposal to be evaluated and
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scored by the COUNTY. The COUNTY will then grade and rank to at least the top three short-listed vendors and enter
into negotiations with the top ranked vendor or multiple vendors to establish cost for the services needed. The COUNTY
reserves the right to issue an invitation for oral presentations to obtain additional information after grading and before the
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final ranking. With successful negotiations, a contract will be developed with the selected firm, based on the negotiated
price and/or scope of services and submitted for approval by the Board of County Commissioners.
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1.2 The COUNTY will use a Selection Committee in the ITN selection process.
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1.3 The intent of the scoring of the proposal is for respondents to indicate their interest, relevant experience, financial
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capability, staffing and organizational structure.
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1.4 The intent of the oral presentations, if deemed necessary, is to provide the vendors with a venue where they can conduct
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discussions with the Selection Committee to clarify questions and concerns before providing a final rank.
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1.5 Based upon a review of the proposals, the COUNTY will rank the Proposers based on the discussion and clarifyingN
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questions on their approach and related criteria, and then negotiate with one or more vendors as authorized in Section 11,
Paragraph 7 of County Procurement Ordinance Number 2017-08.
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1.6 The COUNTY reserves the right to negotiate any element of the proposals in the best interest of the COUNTY.
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GRADING CRITERIA FOR RANKING PROPOSALS:
1.7 For the development of a shortlist, this evaluation criterion will be utilized by the COUNTY'S Selection Committee to
score each proposal. Proposers are encouraged to keep their submittals concise and to include a minimum of marketing
materials. Proposals must address the following criteria:
Evaluation Criteria Maximum Points
1. Cover Letter / Management Summary 5 Points
2. Certified Woman and/or Minority Business Enterprise 5 Points
3. Qualifications 5 Points
4. Facility Management and Marketing 20 Points
5. Work Experience 20 Points
6. Vendor Recommendations 10 Points
7. Legal and Contract Challenges 10 Points
8. Price Proposals 15 Points
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9. Local Vendor Preference 10 Points
TOTAL POSSIBLE POINTS 100 Points
Tie Breaker: In the event of a tie at final ranking, award shall be made to the proposer with the lower volume of work
previously awarded. Volume of work shall be calculated based upon total dollars paid to the proposer in the twenty-four
(24) months prior to the RFP submittal deadline. Payment information will be retrieved from the County's financial
system of record. The tie breaking procedure is only applied in the final ranking step of the selection process and is
invoked by the Procurement Services Division Director or designee. In the event a tie still exists, selection will be
determined based on random selection by the Procurement Services Director before at least three (3) witnesses.
Each criterion and methodology for scoring is further described below.
EVALUATION CRITERIA NO. 1: COVER LETTER/MANAGEMENT SUMMARY (5 Total Points Available)
Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in
providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact
person(s) concerning proposal. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any
awards as a result of this ITN. 3
EVALUATION CRITERIA NO. 2: CERTIFIED WOMAN AND/OR MINORITY BUSINESS ENTERPRISE (5
Total Points Available)
Submit certification with the Florida Department of Management Service, Office of Supplier Diversity as a Certified
Woman and/or Minority Business Enterprise.
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EVALUATION CRITERIA NO.3: QUALIFICATIONS: (5 Total Points) m
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In this tab, offeror shall provide the following to include but not limited to: o
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• Resumes for ALL key personnel detailing qualifications and past experiences as it relates to similar types of
projects this shall include any subcontractors. Information will include name of individual and where the individual 0
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will be located (geographically) during the project. y
• A short narrative on each position describing its function and responsibilities as they relate tomanagement.
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• An organizational chart, which clearly identifies personnel that will be assigned to this project and their placement
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• Describe what differentiates you from others and how you will optimize the use of the complex and maximize
revenue.
EVALUATION CRITERIA NO.4: FACILITY MANAGEMENT AND MARKETING: (20 Total Points)
In this tab, offeror shall provide information about its ability in the following areas as it relates to management of a
large sports complex:
• Administration.
• Marketing, including event promotion and production.
• Approach to ticketing operations.
• Financial Management, including backend accounting reporting structure. Provide sample financial documents
including but not limited to profit and loss statements.
• Hotel booking service platform for complex events.
• Provide proposed staffing structure to operate the complex. Include number of staff, titles of staff,
salary/payment structure, part time/full time staff, timeline of hiring, etc.
• As part of ensuring a successful partnership, proposals should include a Complex Operating Manual. The
operator selected will operate and maintain the facility to the minimum standards outlined in the operating
manual. The manual, at minimum, should include:
■ Hours of operations
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■ Food and beverage standards
■ Standard operating procedures for facility and recreational staff
■ Minimum maintenance standards and guidelines
■ Quality assurance/quality control procedures
■ Guidelines for merchandise/Food and beverage sales
■ Workflows for programming and registration
■ Purchasing Policies
■ Miscellaneous
• Sponsorships and advertising.
• Stakeholder relations including the community, local governments, leagues, sponsors/advertisers, and other
local eventvenues.
• Conducting and marketing local league play - especially in coordination with what is already being offered.
• Tourism, including working with local tourism organizations, business development organizations, hotels/motels,
restaurants, and other potential tourism -related partners to increase hotel/motel occupancy in Collier County rather
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than adjacent counties. Additionally, please detail your firm's plan and method for tracking hotel occupancy
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success within Collier County and strategies (e.g. incentives, reservation systems, etc.) for preventing out -of-
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county increases in hotel/motel occupancy which are directly related to activities at the Complex.
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EVALUATION CRITERIA NO.5: WORK EXPERIENCE (20 Total Points)
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In this tab, offer shall provide the following to include but not limited to:
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• Identify and describe all completed sports complexes, where the offeror acted as consultant, and as manager,
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operator, and maintenance provider of such complexes. Significant event operations where the offeror acted as
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the operator acted as the manager and operator may also be considered as acceptable experience.
• The County requests that the vendor submits no fewer than three (3) and no more than ten (10)
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completed reference forms from clients (5 years or older) whose projects are of a similar nature to this
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solicitation as a part of their proposal. Provide information on the projects completed by the vendor that best
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represent projects of similar size, scope and complexity of this project using form provided in Form 5. Along
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with the references include the following:
o Information for the above -identified projects must include: (1) client's name and address; (2) contact
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person; (3) telephone number; (4) original project estimate; (5) actual project cost; (6) original schedule
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(start/completion dates); (7) actual project schedule (start/completion dates); and (8) summary of major
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issues affecting the project. Client contact information must be current and accurate.
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Provide existing business structure and financial arrangements for at least two (2) sports complexes of similar size and scope as
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defined herein, of which your firm provides(ed) facility management, operation, and maintenance services. It is recommended
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that your two most successful plans be submitted. The business plans must include projected cash flow statements and
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operating budgets. The information provided must provide sufficient detail to ascertain the ventures are successful.
o Photographs or renderings of previous sports complex projects, which are relevant to a decision about this
complex, should be included. The County requests firms to demonstrate at least three (3) years of
documented successful experience with consulting, start-up, operation, and maintenance of such sports
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complexes. Examples of documentation may include, but are not limited to proformas, financial statements,
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or advertising documents. The successful firm must provide strong evidence of past and ongoing
commitment to local sports organizations and community residents in the availability, scheduling and use
of such sports complexes under their current control.
EVALUATION CRITERIA NO.6: VENDOR RECOMMENDATIONS (10 Total Points)
Offeror shall provide the following:
• Recommendations for the provided scope work.
• Plans to handle unforeseen additions or changes in the construction schedule, or project — as there may be
future amenities not in the original plan that the private contractor will be expected to manage, operate, and
provide oversight. Additions may include, but are not limited to an obstacle course, beach volleyball course,
hockey rink, or quiet space.
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• Process for oversight, operations of additional inventory at locations including, but not limited to North Comer
Regional Park, Big Corkscrew Island Regional Park, Vineyards Community Park, and Veterans Community Park.
EVALUATION CRITERIA NO.7: LEGAL AND CONTRACT CHALLENGES (10 Total Points)
In this tab, include but not limited to:
• List by case name and case number all pending litigation in which your firm is involved as a party or offeror's
officers are involved as parties in their official capacity. Include cases pending in any Federal or State
jurisdiction, court, commission, regulatory body, or other authority having the power to determine the rights of
parties appearing before it. Also list all arbitrations offeror is involved in as a party and include the name,
location, and name & address of the arbitrator(s) for each listing.
• Within last five (5) years, have any of your firm's contracts been considered in default, suspended, or
terminated for cause? If so, please attach an explanation of the matter, including the name and location of the
project, the name and address of the owner's representative, and all pertinent details of the default, suspension,
or termination.
• Within the last five (5) years, has a contract or any portion of the work connected to a contract, involving your
firm, been completed by an Owner or a surety? If so, please attach an explanation providing the name and
location of the project, the name and address of the owner's representative, and all pertinent details of the
matter.
• Within the last five (5) years, has your firm been debarred or suspended, for any reason, by any federal, state, or
local government procurement agency? If so, please attach a full explanation.
• Within the last five (5) years, has your firm been named in any action, administrative proceeding, or arbitration
in which it was alleged that your firm failed to comply with prompt payment of subcontractors? If so, please
attach a full explanation.
• Within the last ten (10) years, has your firm or any predecessor or related entities, or any officers, shareholders,
partners or key personnel of the submitter ever been convicted of or pleaded guilty to any crime (a) related to
the bid process for contracts on public or private projects or (b) involving fraud or misrepresentation? If so,
please attach a full explanation.
EVALUATION CRITERIA NO.8: PRICE PROPOSALS (15 Total Points)
Offeror shall provide two (2) separate price proposals as follows:
• Frontend management, operation, advertising and marketing of a multi -purpose sports event and entertainment
complex— This section should include a copy of the offeror's recommended contract and a complete proposal for
management, operation, advertising, and marketing of the completed complex. This must include operational
startup costs for future phases.
Backoffice accounting, sales, operations and marketing support services— To be included at a consistent rate,
with a not -to -exceed annual amount.
EVALUATION CRITERIA NO. 9: LOCAL VENDOR PREFERENCE (10 Total Points Available)
Local business is defined as the vendor having a current Business Tax Receipt issued by the Collier or Lee County Tax
Collector prior to 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 or Lee County from which the vendor's staff
operates and performs business in an area zoned for the conduct of such business.
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ITN #: 21-7898
Title: Sports Complex Management
Selection Committee
Final Ranking
Name of Firm
Ed Finn
Paul Beirnes
Darren Hutton
Jennifer
Reynolds
Geoff Willig
Total Scores
Final Ranking
Sports Facilities Management LLC
95
78
84
95
93
445.00
1
Vieste LLC
83
60
57
83
87
370.00
2
Sports Force Parks, Naples LLC
80
48
61
79
77
345.00
3
RADD Sports LLC
70
46
51
66
79
312.00
4
LST Venues
77
57
45
54
51
284.00
5
Eastern Sports Management LLC
72
36
58
54
63
283.00
6
Procurement Professional I Vhda w gia�tas 8/25/2021
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Page 1 of 1
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DocuSign Envelope ID: 323415F6-E007-4EAB-8CB3-89A2EAE25E73
� 11.C.c
Co[[ier County
Administrative Services Department
Procurement Services Division
Notice of Recommended Award
Solicitation: 21-7898 Title: Collier County Sports Complex Management
Due Date and Time: July 20, 2021, at 10:OOAM
Respondents:
Company Name
City
County
State
Final Ranking
Responsive/Responsible
Sports Facilities
Clearwater
Pinellas
FL
1
Yes/Yes
Management LLC Sports
Facilities Management
LLC
Vieste LLC
Bonita Springs
Lee
FL
2
Yes/Yes
Sports Force Parks,
Naples
Collier
FL
3
Yes/Yes
Naples LLC
RADD Sports LLC
Sarasota
Sarasota
FL
4
Yes/Yes
LST Venues
Dallas
Dallas
TX
5
Yes/Yes
Eastern Sports
Fredericksburg
Labanon
PA
6
Yes/Yes
Management LLC
Base Sports Group LLC
Trafford
Allegheny/
PA
Not Ranked
No/No
Westmoreland
Utilized Local Vendor Preference: Yes = No =
Recommended Vendor(s) For Award: On June 3, 2021 the Procurement Services Division released Invitation to
Negotiate 20-7989 Collier County Sports Complex Management. Twenty-one thousand seven hundred twelve
(21,712) notifications were sent out, ninety four (94) vendors viewed the solicitation and seven (7) proposals
were received by the due date of July 20, 2021, as noted above.
Staff reviewed the proposals submitted and found six proposals to be responsive and responsible. Base Sports
Group LLC was deemed non -responsive and non -responsible for not submitting a response to the criteria
requested in the solicitation.
The selection committee met on August 25, 2021, and as described in the solicitation documents, the
committee scored and ranked each proposal and a recommendation to bring back the following top three (3)
ranked vendors for negotiation was agreed upon:
Sports Facilities Management LLC Sports Facilities Management LLC ranked as 1
Vieste LLC ranked as 2
Sports Force Parks, Naples LLC ranked a 3
Contract Driven = Purchase Order Driven 0
Packet Pg. 447
DocuSign Envelope ID: 323415F6-E007-4EAB-8CB3-89A2EAE25E73
11.C.c
Required Signatures
Project Manager: 9/1/2021
Sean Callahan [DOCUSIgned by: MA, CA�
Procurement Strategist DocuSigned by:
9/1/2021
Viviana Giarimoustas
7/aviczn,ci �%iagirwoe.S{'ao-
p&I;ggt Services Director:
54"111H 9/1/2021
Sandra Herrera Date
Packet Pg. 448
11.C.d
PROFESSIONAL SERVICE AGREEMENT # 21-7898
for
"COLLIER COUNTY SPORTS COMPLEX MANAGEMENT"
THIS AGREEMENT, made and entered into on this day of , 2021,
by and between Sports Facilities Management, LLC, a Florida limited liability company,
whose business address is 600 Cleveland Street, Suite 910, Clearwater, Florida 33755
(hereinafter referred to as the "Contractor"") and COLLIER COUNTY, a political subdivision
of the State of Florida, (the "County" or "Owner"), (collectively the "Parties"):
WITNESSETH:
1. The Agreement shall be for a five (5) year period, commencing on November 22, 2021
(the "Commencement Date", and terminating on five (5) years from that date or until
all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period
have been completed or terminated.
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for one
(1) additional five (5) year period. The County shall give the Contractor written notice
of the County's intention to renew the Agreement term prior to the end of the Agreement
term then in effect.
The County Manager, or his designee, may, at his discretion, extend the Agreement
under all of the terms and conditions contained in this Agreement for up to one hundred
and eighty (180) days. The County Manager, or his designee, shall give the Contractor
written notice of the County's intention to extend the Agreement term prior to the end of
the Agreement term then in effect.
2. SCOPE OF SERVICES. The County owns the infrastructure, buildings, parking, lighting,
sports playing surfaces, sports equipment, and all other hard assets associated with the
athletic complex as the same exist now or may exist in the future including improvements
related thereto specifically located at 3940 City Gate Blvd North, Naples, Florida 34117,
known as the Paradise Coast Sports Complex or any other name that this facility may
be identified as in the future ("Complex").
The Contractor shall provide services in accordance with the terms and conditions of
Invitation to Negotiate (ITN) #21-7898, including all the Attachment(s), Schedules,
Exhibit(s) and Addenda, Contractor's proposal referred to herein and made an integral
part of this Agreement, Exhibit A T Scope of Services; Exhibit A-1, Landscape Scope of
Services; Exhibit A-2 Janitorial Scope of Services; Exhibit B Performance Criteria;
Exhibit C Additional Terms and Conditions; Exhibit D Contractor's Compensation;
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Exhibit E Pro -Forma; and Exhibit F Key Personnel and Hourly Rates, attached to this
Agreement.
2.1 This Agreement contains the entire understanding between the Parties and any
modifications to this Agreement shall be mutually agreed upon in writing by the Parties,
in compliance with the County's Procurement Ordinance, as amended, and
Procurement Procedures in effect at the time such services are authorized.
3. THE AGREEMENT SUM. The County shall pay the Contractor for the services to be
provided under this Agreement in Exhibit D Contractor's Compensation and Exhibit E
Pro -Forma.
Payment(s) will be made upon receipt of a proper invoice(s) and upon approval by the
County's Contract Administrative Agent/Project Manager, and in compliance with
Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment
Act".
3.1 Price Methodology (as selected below):
Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are
transferred from the County to the Contractor; and, as a business practice there are no
hourly or material invoices presented, rather, the Contractor must perform to the
satisfaction of the County's project manager before payment for the fixed price contract
is authorized.
Time and Materials: The County agrees to pay the Contractor for the amount of labor
time spent by the Contractor's employees and subcontractors to perform the work
(number of hours times hourly rate), and for materials and equipment used in the project
(cost of materials plus the Contractor's markup). This methodology is generally used in
projects in which it is not possible to accurately estimate the size of the project, or when
it is expected that the project requirements would most likely change. As a general
business practice, these contracts include back-up documentation of costs; invoices
would include number of hours worked and billing rate by position (and not company (or
subcontractor) timekeeping or payroll records), material or equipment invoices, and
other reimbursable documentation for the project.
Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs,
including labor, materials, equipment, overhead, etc.) for a repetitive product or service
delivered (i.e., installation price per ton, delivery price per package or carton, etc.). The
invoice must identify the unit price and the number of units received (no Contractor
inventory or cost verification).
3.2 Payments will be made for 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 the Agreement. Any untimely submission of invoices beyond the
specified deadline period is subject to non-payment under the legal doctrine of "laches"
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11.C.d
as untimely submitted. Time shall be deemed of the essence with respect to the timely
submission of invoices under this Agreement.
3.3 Travel and Reimbursable Expenses. Travel and Reimbursable Expenses
must be approved in advance in writing by the County. Travel expenses shall be
reimbursed as per Section 112.061 Fla. Stats.
Reimbursements shall be at the following rates:
Mileage
$0.44.5 er mile
Breakfast
$6.00
Lunch
$11.00
Dinner
$19.00
Airfare
Actual ticket cost limited to tourist or coach
class fare
Rental car
Actual rental cost limited to compact or
standard -size vehicles
Lodging
Actual cost of lodging at single occupancy
rate with a cap of no more than $150.00 per
night
Parking
Actual cost of parking
Taxi or Airport Limousine
Actual cost of either taxi or airport limousine
Reimbursable items other than travel expenses shall be limited to the following:
telephone long-distance charges, fax charges, photocopying charges, and postage.
Reimbursable items will be paid only after Contractor has provided all receipts.
Contractor shall be responsible for all other costs and expenses associated with activities
and solicitations undertaken pursuant to this Agreement.
4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work. Collier County, Florida as a political subdivision of the State
of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter
212, Florida Statutes, Certificate of Exemption # 85-8015966531 C.
5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if
mailed or emailed to the Contractor at the following:
Company/Contractor Name: SPORTS FACILITIES MANAGEMENT, LLC
Address: Attn: Jason Clement, Manager
600 Cleveland Street, Suite 910
Clearwater, FL 33755
Authorized Agent: Bruce Rector, General Counsel
E-Mail(s): iclement(a-sportsfacilities._com;
brectorasportsfacilities.com
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All Notices from the Contractor to the County shall be deemed duly served if mailed or
emailed to the County to:
Board of County Commissioners for Collier County, Florida
Division Director: Sean Callahan, Deputy County Manager
Division Name: Office of the County Manager
Address: 3299 Tamiami Trail E., Suite 202
Naples, FL 34112
Administrative Agent/PM: Marissa Fahey, Senior Operations Analyst
Telephone: 239-252-4380
E-Maii(s): Marissa.fahey(cDcolliercountyfl.gov
The Contractor and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Contractor or to constitute the Contractor as
an agent of the County.
7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. The
County will not be obligated to pay for any permits obtained by Subcontractors.
Payment for all such permits issued by the County shall be processed internally by the
County. All non -County permits necessary for the prosecution of the Work shall be
procured and paid for by the Contractor_ The Contractor shall also be solely responsible
for payment of any and all taxes levied on the Contractor. In addition, the Contractor
shall comply with all rules, regulations and laws of Collier County, the State of Florida,
or the U. S. Government now in force or hereafter adopted. The Contractor agrees to
comply with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral, or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order, or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Contractor
or if the County or its authorized representative shall deem any conduct on the part of
the Contractor to be objectionable or improper, the County shall have the right to
suspend the Agreement of the Contractor. Should the Contractor fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Contractor further agrees not to commence
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operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
9. TERMINATION. Should the Contractor be found to have failed to perform his services
in a manner satisfactory to the County as per this Agreement, the County may terminate
said Agreement for cause; further the County may terminate this Agreement for
convenience with a ninety (90) day written notice. The County shall be the sole judge of
non-performance.
9.1 In the event that the County terminates this Agreement, Contractor's recovery
against the County shall be limited to that portion of the Agreement Amount earned
through the date of termination. The Contractor shall not be entitled to any other or further
recovery against the County, including, but not limited to, any damages or any
anticipated profit on portions of the services not performed.
9.2 Upon termination or expiration of this Agreement for any reason, (i) Contractor
shall promptly discontinue the performance of all services hereunder, (ii) the Owner shall
promptly pay Contractor all fees due Contractor up to the date of termination or expiration
including if terminated for convenience Contractor's costs for Time and Materials (per
Numerical Paragraph 3.2 herein and Exhibit F Key Personnel and Hourly Rates„ (iii)
Contractor shall make available to the Owner all data, electronic files, documents,
procedures, reports, estimates, summaries, and other such information and materials
with respect to the Facilities as may have been accumulated by Contractor in performing
its obligations hereunder, whether completed or in process, and (iv) without any further
action on part of Contractor or Owner, the Owner shall, or shall cause the successor
Complex manager to, assume all obligations arising after the date of such termination or
expiration, under any Service Contracts, Revenue Generating Contracts, booking
commitments and any other Complex agreements entered into by Contractor in
furtherance of its duties hereunder. Any obligations of the parties that are specifically
intended to survive expiration or termination of this Agreement shall survive expiration
or termination hereof.
9.3 In the event that this Agreement is terminated for convenience, the Contractor's
employed staff may be retained at the Complex at the then current salary structure for
an additional one hundred and eighty (180) days following the termination period, at the
County's option and expense. If the Contractor is asked by the County, at its sole option,
to provide staffing and services during a transition period from the date of termination to
the date that a new facility manager is selected, Contractor will be compensated for its
Time and Materials (per Numerical Paragraph 3.1 herein and Exhibit F Key Personnel
and Hourly Rates,) in performing its services. There shall be no restrictions on the
Contractor for maintaining or rehiring of staff at any time after a termination event.
10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed, or national origin.
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11. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent Contractors;
Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and
Employee Non -Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $1,000,000 for
each accident.
D. Professional Liability: Shall be maintained by the Contractor to ensure its legal
liability for claims arising out of the performance of professional services under this
Agreement. Contractor waives its right of recovery against County as to any claims
under this insurance. Such insurance shall have limits of not less than $1,000,000 each
claim and aggregate.
E. Other. Liquor Liability $ 1,000,000 Per Occurrence
Umbrella $ 5,000,000 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.
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Contractor shall ensure that all subcontractors comply with the same insurance
requirements that the Contractor is required to meet.
12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor
shall defend, indemnify and hold harmless Collier County, its officers and employees
from any and all liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed
breach of this Agreement by Contractor, any statutory or regulatory violations, or from
personal injury, property damage, direct or consequential damages, or economic loss,
to the extent caused by the negligence, recklessness, or intentionally wrongful conduct
of the Contractor or anyone employed or utilized by the Contractor in the performance
of this Agreement. This indemnification obligation shall not be construed to negate,
abridge, or reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
12.1 The duty to defend under this Article 12 is independent and separate from the duty
to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Contractor, County, and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being provided
to Contractor. Contractors obligation to indemnify and defend under this Article 12 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.
13. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Corporate Business Operations Division.
14. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner with
the performance of services required hereunder. Contractor further represents that no
persons having any such interest shall be employed to perform those services, except
as otherwise allowed for herein.
15. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the
following. component parts, all of which are as fully a part of the Agreement as if herein
set out verbatim: Invitation to Negotiation #21-7898, including attachments and
Addenda, Contractor's Proposal, Insurance Certificate(s), Exhibit A — Scope of Services;
Exhibit A-1, Landscape Scope of Services; Exhibit A-2 Janitorial Scope of Services;
Exhibit B Performance Criteria; Exhibit C Additional Terms and Conditions; Exhibit D
Contractors Compensation; Exhibit E Pro -Forma; and Exhibit F Key Personnel and
Hourly Rates, attached to this Agreement.
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16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service, or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County
Administrative Procedure 5311. Violation of this provision may result in one or more of
the following consequences: a. Prohibition by the individual, firm, and/or any employee
of the firm from contact with County staff for a specified period of time; b. Prohibition by
the individual and/or firm from doing business with the County for a specified period of
time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate
termination of any Agreement held by the individual and/or firm for cause.
18. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the
Contractor is formally acknowledging without exception or stipulation that it agrees to
comply, at its own expense, with all federal, state and local laws, codes, statutes,
ordinances, rules, regulations and requirements applicable to this Agreement, including
but not limited to those dealing with the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended; taxation, workers' compensation, equal employment and safety including, but
not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida
Public Records Law Chapter 119, including specifically those contractual requirements
at F.S. § 119.0701(2)(a)-(b) as stated as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
Division of Communications, Government and Public Affairs
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: PublicRecordRequest@colliercountvfl.gov
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.
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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 steeps 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.
If Contractor observes that the Contract Documents are at variance therewith, it shall
promptly notify the County in writing. Failure by the Contractor to comply with the laws
referenced herein shall constitute a breach of this Agreement and the County shall have
the discretion to unilaterally terminate this Agreement immediately.
19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful Contractor extending the pricing, terms and
conditions of this solicitation or resultant Agreement to other governmental entities at the
discretion of the successful Contractor.
20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
21. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to
this Agreement in compliance with the Procurement Ordinance, as amended, and
Procurement Procedures.
22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by
this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be attended
by representatives of Contractor with full decision -making authority and by County's staff
person who would make the presentation of any settlement reached during negotiations
to County for approval. Failing resolution, and prior to the commencement of depositions
in any litigation between the parties arising out of this Agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court
Mediator certified by the State of Florida. The mediation shall be attended by
representatives of Contractor with full decision -making authority and by County's staff
person who would make the presentation of any settlement reached at mediation to
County's board for approval. Should either party fail to submit to mediation as required
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hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
23. 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.
24. KEY PERSONNEL. The Contractor's personnel and management to be utilized for this
project shall be knowledgeable in their areas of expertise. The County reserves the right
to perform investigations as may be deemed necessary to ensure that competent
persons will be utilized in the performance of the Agreement. The Contractor shall assign
as many people as necessary to complete the services on a timely basis, and each
person assigned shall be available for an amount of time adequate to meet the required
service dates. The Contractor shall not change Key Personnel unless the following
conditions are met: (1) Proposed replacements have substantially the same or better
qualifications and/or experience. (2) that the County is notified in writing as far in advance
as possible. The Contractor shall make commercially reasonable efforts to notify Collier
County within seven (7) days of the change. The County retains final approval of
proposed replacement personnel.
25. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms
of any of the Contract Documents, the terms of the Agreement and the Additional Terms
and Conditions shall take precedence over the terms of all other Contract Documents.
To the extent any conflict in the terms of the Contract Documents, including the Owner's
Board approved Executive Summary, cannot be resolved by application of the terms of
the Agreement and Additional Terms and Conditions, the conflict shall be resolved by
imposing the more strict or costly obligation under the Contract Documents upon the
Contractor at Owner's discretion.
26. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without
the prior consent in writing of the County. Any attempt to assign or otherwise transfer
this Agreement, or any part herein, without the County's consent, shall be void. If
Contractor does, with approval, assign this Agreement or any part thereof, it shall require
that its assignee be bound to it and to assume toward Contractor all of the obligations
and responsibilities that Contractor has assumed toward the County.
27. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as
amended. Background checks are valid for five (5) years and the Contractor shall be
responsible for all associated costs. If required, Contractor shall be responsible for the
costs of providing background checks by the Collier County Facilities Management
Division for all employees that shall provide services to the County under this Agreement.
This may include, but not be limited to, checking federal, state, and local law enforcement
records, including a state and FBI fingerprint check, credit reports, education, residence
and employment verifications and other related records. Contractor shall be required to
maintain records on each employee and make them available to the County for at least
four (4) years. All of Contractor's employees and subcontractors must wear Collier
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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 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.
28. TAX MATTERS. The County and the Contractor acknowledge that a portion of the costs
of the Complex were financed with proceeds of certain tax-exempt indebtedness
(collectively, the "Bonds") and the County and the Contractor intend for this Agreement
to comply in all respects with Revenue Procedure 2017-13, as amended.
Accordingly, and notwithstanding any provision of this Agreement to the contrary. The
County and the Contractor agree as follows:
a. The County shall continue to exercise a significant degree of control over the
Complex including, but not limited to, approving the annual budget of the Complex
approving any capital expenditures with respect to the Complex, approving any
disposition of assets of the Complex, approving the rates and charges for use of the
Complex and approving the general nature and type of use of the Complex.
b. The County shall continue to the bear the risk of loss upon damage or
destruction of the Complex: provided, however, this shall not in any way reduce or
eliminate or adversely impact the County's ability to seek and be entitled to
reimbursement or damages or costs from the Contractor or any other party whose
actions or inactions may have caused such loss.
C. The Contractor shall not take any tax position that is inconsistent with the
Contractor's role as a manager or service provider of the Complex. Without limiting the
generality of the foregoing sentence. The Contractor will not claim any depreciation or
amortization deduction, investment tax credit or any deduction for any payment as rent
with respect to the Complex.
d. In the event the tax-exempt status of the Bonds is challenged by any federal
agency or any nationally recognized bond counsel expresses the view that the tax-
exempt status of the Bonds is in jeopardy as a result of this Agreement or the operation
of the Complex. the County and the Contractor will, to the extent necessary or desirable.
renegotiate the terms of this Agreement in good faith to ensure that the tax-exempt status
of the Bonds is not adversely affected.
29. BUSINESS INCOME USE APPROPRIATION AND CALCULATION. The Complex is
expected to generate program maticloperating revenue (the "revenue") driven by all
aspects of the Complex. This revenue includes, but is not limited to, service fees, rental
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fees, usage fees, sponsorships, sales commissions, food and beverage sales,
merchandise sales, and other miscellaneous revenues driven by the operations of the
complex that are outlined in Exhibit E Pro -Forma.
The Complex will also generate programmatic/operating costs (the "costs") that are
defined as costs driven by generating the revenues associated with all aspects described
above and outlined in Exhibit E Pro -Forma. These costs include, but are not limited to,
Cost of Goods Sold (COGS) related to tournament programming, merchandise, food &
beverage, event operations, and sponsorships.
The gross revenue less the COGS will comprise the business income ("Business
Income"). Business Income will be managed, collected, recorded, reported, and retained
by the Contractor, and will remain distinct and separate from any other projects or
operations of the Contractor. Business Income is considered unrestricted funds and will
be used for program cash flow or allowable program costs as detailed in the budget.
On a quarterly basis the Contractor will calculate the Business Income from the Complex
(less the Capital Reserve Contribution set forth in Section 32 below) and will distribute
this Business Income to the County pursuant to the allocations set forth in Exhibit E Pro -
Forma. The County will first use its share of the Business Income to offset the Approved
Fixed Costs for the Complex payable by the County to the Contractor pursuant to
Numbered Paragraph 30 hereof.
30. FACILITIES FIXED COSTS SCHEDULE. The Complex is expected to generate fixed
costs associated with the baseline operation of the Complex. These costs include, but
are not limited to, landscape maintenance and janitorial, full time employee salaries,
corporate services, and other general administrative expenses (the "Fixed Costs"). The
Budgeted Fixed Costs are outlined in Exhibit E Pro -Forma, ("Fixed Costs") and shall not
increase without the Contractor providing justification therefore and obtaining approval of
the Board of County Commissioners in advance. The Fixed Costs shall be reimbursed by
the County to the Contractor monthly upon the provision of a valid invoice and submittal
of monthly deliverables report. Payments of invoices shall be processed and paid in
accordance with the timeframes established in the Local Government Prompt Payment
Act and the terms of this Agreement. Notwithstanding the foregoing, the Contractor will
first offset any Fixed Costs payable by the County against the County's share of the
Business Income that is available to the County on a quarterly basis pursuant to Section
29 hereof.
31. BUDGET REVIEW AND MODIFICATION. Budgeted Fixed Costs will be subject to an
annual review and based upon actual costs of the previous year and the business plan
proposed by Contractor. Modifications of any of the budget categories defined in Exhibit
E Pro -Forma may only be made if approved in advance by the County Manager, or his
designee, and if such modifications exceed Fifty Thousand Dollars ($50,000) then it will
require an Amendment to this Agreement approved by the Board of County
Commissioners.
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32. CAPITAL RESERVE. Prior to the quarterly calculation and distribution of the Business
Income Appropriation pursuant to Section 29 hereof, the Contractor shall calculate and
set aside 5% of the Business Income as capital reserves for the Complex (the "Capital
Reserve Contribution"). Contractor shall remit to the County the Capital Reserve
Contribution to be held in trust in a separate capital reserve account for the Complex
maintained by the County and the funds in such account shall be used exclusively for
capital improvements, repairs or replacements at the Complex. The budget, schedule,
and plan for capital improvements, repairs and replacement for the Complex will be
administered by the County, with the input of the Contractor.
33. ASSUMPTION CLAUSE. In the event of the termination of this Agreement. The County
will make best efforts to accommodate any existing events that have an active reservation
at the Complex or another County facility.
34. GENERAL OPERATING PROCEDURES. The Contractor shall operate and maintain the
complex to the minimum standards outlined in the Complex Operating Manual, which
shall be provided to the County within 30 days of the Commencement Date of the
Agreement, and be subject to the County's approval. The document to be developed by
Contractor shall contain terms regarding the management and operation of the Facility
including detailed policies and procedures to be implemented in operating the Facility, as
agreed upon by both the Owner and the Contractor. The Operating Manual includes, but
is not limited to: general hours of operation, food and beverage standards, standard
operating procedures for complex and recreational staff, minimum maintenance
standards and guidelines, general quality assurance and quality control procedures,
guidelines for merchandise and food and beverage sales, standard workflows for
programming and reservations and work methods and purchasing of goods and
equipment for the Complex.
The County Manager, or his designee, may, at his discretion and with the consent of the
Contractor, amend the minimum standards and procedures in the Complex Operating
Manual based on programming demand.
35. PROJECT PUBLICITY. Any news release pertaining to the services performed by the
Contractor pursuant to this Agreement must recognize the contribution of the County as
a funding source and should be coordinated with the County's Communications and
Customer Relations Division prior to publication. The Contractor shall recognize the
County for its contribution in all promotional materials and at any event or workshop for
which County funds are allocated.
36. SUBCONTRACTORS. The Contractor shall be responsible for all work and all expenses
required to perform the services set forth in this Agreement, subject to reimbursement
from the County pursuant to this Agreement.
a. The Contractor may, as appropriate and in compliance with applicable laws.
subcontract the delivery of the services for the Complex; provided, however, that the
Contractor will be solely liable to the subcontractor for all expenses and liabilities incurred
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during such subcontract subject to appropriate reimbursement of Contractor pursuant to
this Agreement.
b. Any and all subcontracts executed for the Complex shall include provisions whereby
the Contractor and the subcontractor agree to abide by all local, State, and federal laws
and indemnify and hold harmless the County consistent with the same provisions required
of the Contractor in the Agreement.
37. DATA & RECORDS MANAGEMENT. The Contractor shall keep and maintain records
required to operate and perform services to the Complex. Upon request from the County,
the Contractor shall make those records available for inspection.
Upon expiration or termination of this Agreement, the Contractor will transfer, at no cost
to the County, all records with respect to the operation of the Complex by Contractor that
are in possession of the Contractor or keep and preserve public records with respect to
the operation of the Complex by Contractor during the term of this Agreement that are
required by the County to perform the service. If the Contractor transfers all public records
to the County upon expiration or termination of this Agreement, the Contractor shall
destroy any duplicate public records that are confidential and exempt from public records
disclosure requirements. If the Contractor keeps and preserves public records upon
expiration or termination of this Agreement, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be
provided to the County upon request from the County's custodian of public records in a
format compatible with the information technology systems of the County.
38. OPERATIONS. The Contractor shall use point -of -sale (POS) electronic cash machines
or other similar 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 must be reviewed and approved by the
County prior to use.
All financial records with respect to the Complex are to be retained during the entire term
of this Agreement and for a period of five (5) years following the termination of this
Agreement. The financial records described in the previous sentence consist of records
documenting specific receipts/revenues collected by Contractor 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 Contractor may sell any concessions desired as long as such items are permitted
under Florida state law and the Contractor has obtained the proper licensing/tax permits
for such sales. Any and all tobacco products are not permitted.
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39. FINANCIAL REVIEW._ RECORDS, AUDIT. The Contractor shall provide, at its expense,
an annual independent review of the Contractor's financial records. The purpose of this
review is to substantiate that the County has been compensated in accordance with this
Agreement.
During the term of this Agreement. the Contractor shall establish and maintain such
records as now exist and may hereafter be prescribed by the County in the future to
provide evidence that all terms of this Agreement have been and are being observed. The
Contractor grants to the County the right and authority to audit all records. Documents,
and books pertaining to the Complex operation. Such audit will be conducted at a
frequency determined by the County and communicated to the Contractor. The
Contractor agrees to provide materials for the audit at the place designated by the County
within three (3) business days after the County's notice to do so is received by Contractor
all at no cost to the County. The agreement to provide materials for audit extends to the
Office of the Clerk of the Circuit Court, as "ex-officio clerk of the Board of County
Commissioners, auditor, recorder, and custodian of all county funds."
(intentionally left blank -signature page to follow)
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IN WITNESS WHEREOF, the Parties hereto, by an authorized person or agent, have
executed this Agreement on the date and year first written above.
ATTEST:
Crystal K. Kinzel, Clerk of the Circuit
Court and Comptroller
Dated:
(SEAL)
Approved as to Form and Legality:
Scott R. Teach, Deputy County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Penny Taylor, Chair
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Contractor's Witnesses:
Contractor's First Witness
TTypelprint witness nameT
Contractor's Second Witness
TTypelprint witness nameT
SPORTS FACILITIES MANAGEMENT, LLC
A Florida limited liability company
Contractor
By:
Signature
TTypelprint signature and titleT
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Exhibit A
Scope of Services
1.1 The Contractor shall be responsible for studying area demographics and
associated metrics to provide input to the Complex's "mix" of facilities and types of
events supported. Due to the tremendous investment, the County will heavily
scrutinize business and marketing plans and models to ensure they are reasonable,
realistic, and sustainable.
1.2 The Contractor shall conduct a project feasibility study in an effort to determine
early issues (i.e., traffic, parking, location, permitting issues, etc.), identify any
features that could adversely affect the successful operation of the complex, and
communicate it to Owner.
1.3 The Contractor shall review and evaluate land/project site options, design and
assist the County in determining features and amenities on the complex to ensure
positive revenue growth.
1.4 The Contractor shall develop an annual analysis of the complex's economic impact
on the local economy, the regional economy, and otherwise, through added jobs,
taxes, tourism, etc.
Consulting and Assistance During Design and Construction of the Complex
1.5 The Contractor shall assist the County delivery team (staff, consultants, engineers,
architects, and senior management) in developing the final project concept and
assist in its implementation. The Contractor shall coordinate efforts and ensure that
it promotes and adheres to the final approved concept and scope of work.
Management, Operation, Advertising and Marketing of the Complex
1.6 The County views its relationship with the Contractor as critical to the credibility,
viability, and financial success of the Complex.
1.7 The Contractor shall run, market, solicit, advertise, and conduct public relations
activities for leagues, sporting events, concerts, tournaments, and other gatherings,
including special events of substantial size and scope to maximize use of the
complex at NO extra cost to the County.
1.8 Complex is owned and maintained by the County. This will include capital
investment and improvements.
1.9 The Contractor shall supply landscape maintenance and janitorial services as an
aspect of facilities maintenance; See Exhibit Al and A2
1.10 Contractor shall create an annual marketing plan for the Complex.
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1.11 Contractor shall follow County travel polices.
1.12 Contractor will conduct backend accounting, sales, operations, and marketing
support services.
1.13 Additional hires, beyond that provided for in the Contractor's Pro Forma/Proposal,
shall require County approval. Hiring will include everything necessary to run the
Complex.
1.14 Contractor will collaborate and coordinate with the County's Parks and Recreation
Department and Convention and Visitors Bureau to reduce duplication of efforts.
1.15 Contractor shall manage and run unforeseen additions or changes to the Complex
— as there may be future amenities not in the original plan and it will be expected to
manage, operate, and provide oversight. Additions may include, but are not limited
to: obstacle course, beach volleyball course, hockey rink, or quiet space.
1.16 Contractor shall manage a hotel booking service for complex events that is capable
of securing room blocks with local hotels, which includes an online booking solution,
and is capable of pre and post event reporting on room nights and revenues.
Contractor shall provide quarterly reports on the anticipated expected revenue to
be derived from this platform. The County reserves the right to place cost controls
on room booking models.
1.17 Contractor shall run, advertise, and market The Factory, a separate aspect of the
whole complex, that includes:
National Fitness Court Programming — Free to the public
Open Air Classroom
Membership based: Open Air/Functional Fitness
o Fully functioning fitness -based membership space with full group class
offerings
o May sub -contract work as need, with County approval, branding must remain
intact.
The Lake trail with workout stations
1.18 Contractor shall run, advertise, and market The Cove —food truck bar and pavilion,
a separate aspect of the whole complex, that includes:
• Vendor management
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• Health department upkeep
• Food truck management and operations
• Permit/License Management
• Coordination with tournament/event schedule, along with normal operating
hours best fit
Concessions for other locations — outside of events.
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Exhibit A-1 Landscaping Scope of Services
Pull -Service landscaping shall include the following items:
General Services
The work includes but is not limited to: mowing/edging, weed control, general site trimming/pruning,
turf fertilization, pest control, shrub care, shrub/palm fertilization, irrigation maintenance, aeration/top
dress of specified areas, sod replacement and installation, tree removal, mulching, special projects,
and additional services as requested.
Service Schedule
The frequency of routine service (mowing, edging, trees/shrubs/other plant material maintenance,
weeding, pest control and other associated landscape maintenance services outlined under the scope)
will be as follows, but is subject to change as needed:
• May — October (6 months) = Once a week
• November— April (6 months) = Once every other week,
The Contractor shall develop a consistent schedule in which services will be completed in a maximum
two-day timeframe between Monday and Thursday (no services will be performed on Friday — Sunday)
unless specific variances are approved in advance by the Project Manager or designee. Monday and
Tuesday to be preferred maintenance days.
Full annual schedules of proposed days for service shall be submitted to the County at the beginning
of the contract and updated if there are any changes throughout the term(s) of the contract.
Mowing
Prior to mowing, the Contractor shall be responsible for the removal and disposing of all trash and
debris including, but not limited to, palm fronds, horticultural and non -horticultural debris, leaves, rocks,
paper, tree branches and limbs, shrubbery, and other miscellaneous objects on the ground in the
service area to include the right-of-way. The number of mowing services may be modified by the
County depending upon seasonal conditions.
Mowing and edging shall include park medians and areas along the outside edge of the sidewalks of
adjacent properties. The Contractor shall ensure all trash and debris is disposed of the same day and
areas with pavement and curbing shall be clear of all grass clippings from mowing.
Swale areas shall be mowed throughout the entire year. If mowing is not possible and the swales are
full of water, the swales must be addressed at every service to reduce the height of the weeds to 12"
above the water.
Side of the road, a full mowing service shall include side of the roadway mowing and edging, all swale
areas, and side of right-of-way trash removal. Maintenance of Traffic (MOT) may be requested on an
as needed basis. MOT certification may be requested. Mowing ahead signs are required when mowing
services are being performed.
It is the responsibility of the Contractor to be familiar with the type of grasses and mowing expectations
at specified location.
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Bimini Bermuda Sod
Maintain an average height of one (1) inch. Mow with a reel mower. Mowing frequency is typically
once weekly in the summer months. If areas are desired to be mowed more frequently the Project
Manager or designee shall request an increase. Scalping (hard cutting of the sod to the thatch layer)
annually is recommended. Sand application may be necessary on any low areas discovered during
the scalping of sod. Maintain a clean mowed edge. Will not use herbicide to maintain edge treatment
of sod.
Bahia Sod
Mow weekly or every other week during summer as requested by the County. Mowing may be less
frequent during dry season months. Maintain a mowed edge. Will not use herbicide to maintain edge
treatment of sod. Bahia grass shall be cut at a height of 3.5 inches.
Edging
Edging is required in all turf areas around isolated trees, valve boxes, shrubs, signposts, utility holes,
etc. where they exist. All debris on streets, sidewalks, or other areas, resulting from edging, shall be
removed. No herbicide will be used for edging.
Mechanical edging of the turf shall be done with each mowing along all sidewalk edges, back of
concrete curbs, around all plant beds, utility service boxes, streetlight bases, signposts, headwalls,
guardrails, timer pedestals, posts, and trees.
Trash Removal
Before mowing turf areas, the Contractor shall remove all debris trash from the service site. Park trash
removal for each service for all site areas shall be cleaned by removing all trash or debris which shall
include, but not limited to the following: paper, bottles, cans, other trash, and horticultural debris.
Disposing of trash and debris must be at a proper landfill or disposal site at no additional cost to Collier
County.
Street Cleaning
Sidewalks, curbing, and gutters to include the four (4') foot area from the face of the gutters and curbs,
turn lanes, medians, and sidewalk areas shall be cleaned the same clay as the mowing service to
remove any accumulation of debris or objectionable growth to maintain a neat and safe condition.
Sidewalks shall be blown clean. Grass clippings or other debris shall not be blown on other adjacent
property or accumulate on right of way areas, paved areas, traffic, or roadways. Blowing shall be
directed toward the existing landscape median or grass.
Weeding
Weeding of plant beds, rock areas, sidewalks (asphalt, concrete paver), guardrail bases, curb joints
and other mulched areas by chemical and/or hand removal and must be performed weekly or as
necessary to provide a weed -free and well -maintained area. The Contractor shall remove all weeds
by hand with or without using a chemical treatment. If chemicals are used, they shall be Roundup or
equivalent around plants, etc., but to be used in such a manner as to not damage existing plant
material. The Contractor will remove all weeds from sodded/grass areas using appropriate method.
The Contractor will use chemical treatment along synthetic turf grass edges.
• A Florida Pesticide Applicator Licensed is requested.
Perennial Peanut
Maintain weed free. Hand pull weeds. Edge runners along bed edges with metal edger. Will not apply
herbicide or maintain edges with herbicide.
General Site Trimming/Pruning
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General site pruning shall be defined as the pruning of any plant's foliage height that is ten feet (10')
and below. Shrub pruning should be done at a minimum of every 6 weeks throughout each park for all
shrub types that require pruning so that landscape gives the appearance of continuity throughout that
park project area. Groundcovers and shrubs shall be maintained at the required height as specified
by the Project Manager or designee up to a maximum height of thirty-six inches (36"), with the
exceptions of sight windows where the height shall be maintained at a maximum of eighteen to twenty-
four inches (18% 24"). Shrubs and plant material shall not grow over the curbing and into the roadway
or parking area. Shrubs and trimming, as described above must be completed.
Will consult an arborist for canopy trimming, thinning and in the event of diseased trees.
Avoid use of a gas -powered hedge trimmer where possible. Hand clip specimen and ornamental
shrubs. The intent of the shrubs and ornamental plantings on site is to maintain a natural shape and
character. Trees shall not be pruned into balls. Hedges shall not be topped or maintained as clipped
hedges or topiary.
Canopy and Ornamental Trees
Shall be pruned to encourage a natural appearance desired shape. Cathedral live oaks shall be open
branching as well as clear out the center of the tree to help with air circulation and overcrowding
branches. Bridal Veil Trees to be allowed to develop into their natural vase shape. Pink Tabebuias to
be allowed to obtain their natural shape. Will not only trim around the outside circumference of the
tree. Recommended annual trimming should be kept to about 25% of the tree canopy. Hard cutting is
stressful on the tree and does not help them survive storms. Will perform pruning in spring and summer
for best recovery.
Palms
Royal Palms shall be kept clean and free of brown fronds and or boots at all times. Sylvester Palms 1
Silver Bismarck Palms and all non- self -shedding palm varieties shall be trimmed once annually to
remove the bottom brown palm fronds. All seed heads shall be removed prior to ripening to prevent
falling fruit and staining of surfaces below.
Flowering trees and shrubs
Shall be trimmed after they have flowered. Hard trimming shall occur in the summer months. Trim
seasonal grasses spartina / muhly 1 fakahatchee once annually to 6" from the ground in the beginning
of rainy season.
Pest Controlllntegrated Pest Management (IPM)
Inspect and treat plant material, applying pesticide when pests reach damaging thresholds to include
the lake banks.
All pesticides and herbicides to be applied by a licensed professional and shall follow the application
methods and rates as listed on each individual manufacturer product specification sheet. Apply during
cooler hours of the day as mid -day heat can contribute to burning or damage of plants.
Best Practices to Avoid Disease and Fungus
Florida weather provides year-round opportunities for fungus. The Contractor will prevent this by:
• Keeping mulch away from the base of plants and trunks.
• Trimming overgrown plants to allow for air to circulate.
• Monitoring for aphids/ mealy bug/ thrip on shrubs, specimen plantings and ornamental grasses.
• Monitoring for webworm or nocturnal caterpillars on bougainvillea — will treat with Orthene or
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similar product with caution label_
• Water landscape beds in the morning hours to allow plants to dry throughout the day.
Bimini Bermuda Sod Pest Control Recommendation
Dollar spot is possible but is mostly a problem in bermuda that has low fertility levels. Sod webworms
and army worms are a threat, mostly in warm rainy months and is easily killed but harder to eliminate
or prevent. Grass appears thin and "mowed down" when it has not been mowed, due to worm damage.
Bermuda grass mites can occur some years in the dry winter months. Watch
for mole crickets and grubs in April and May.
Fire ant mounds shall be treated four (4) times per year and will include turf, walkways, and parking
medians. Any spot treatments will be done on an as needed basis.
General Fertilizer Recommendations
The Contractor shall follow all State of Florida and Collier County Fertilizer Ordinances at the
following links:
htt1)://www.leg.state.fl,us/statutes/index.cfm?Agp mode=Display Statute&URL=05007
05991057610576.html
his://www.colliercount I. ovl our- overnment/divisions-s-z/zonin -divisionlwatershed-
mana ement- lanslcollier-count-florida-friend) -fertilizer-ordinance
All fertilizers to be applied at rates as listed by manufacturer. Will keep fertilizers off impervious
surfaces.
Fertilize blooming plant materials three (3) times a year at approximately four -month intervals. Shrubs
and groundcovers: a minimum 75% slow release, 8-2-12 or 13-3-12 or similar product is
recommended.
Fertilizers should have organic nitrogen content of 50% and contain added sulfur and iron. Palms will
benefit from additional application of magnesium sulfate, manganese sulfate, and sulfate potash
magnesia on an annual basis. Will not apply fertilizer close to the trunk; apply at palm drip line where
possible. Hibiscus require additional iron. Annual application of chelated iron is recommended. Bird of
Paradise and bougainvillea require high concentration of organic fertilizer such as turkey litter or
compost.
Turf Fertilization
Monthly fertilization program will follow University of Florida IFAS recommendations based on the turf
at specified location. See link below:
https://edis.ifas.ufl,edu/lh014#:-:text=A%20recent%20revision%20of%20the,be%20made%20duE g
%20the%20fall.
Bimini Bermuda Sod Fertilization Recommendation
15-0-15 or 12-0-12, 50% slow release with minors is a common golf course ratio. Four pounds of
Nitrogen (N) per 1000 SF annually, (preferably 4 times per year). During the Collier County summer
fertilizer lock out period foliar iron treatment is helpful. The Contractor will follow the Collier County
Fertilizer Ordinance. Summer rainy season is an important time to build strong turf when it is growing
the most. Spot fertilization can be very helpful in high traffic wear spots.
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Shrub Fertilization
Annual Fertilizer applications based on IFAS recommendations.
Palm Fertilization
Annual Fertilizer applications per year based on IFAS recommendations and general
recommendations as outlined above. Landscaped areas within 30 feet or large established palms shall
be fertilized with an 8-2-12-4 Mg with tungsten (W), potassium (K) and magnesium (Mg) being in slow -
release form. The fertilizer shall also contain 1-2 percent iron (Fe) and manganese (Mn) plus trace
amounts of zinc (Zn), copper (Cu) and boron (I3). Any product to be used near palms in landscaped
areas shall be approved by the Contract Manager before use.
Shrub IPM
Inspect and treat plant material, applying pesticide when pests reach damaging thresholds.
Irrigation Maintenance
The Contractor shall inspect the irrigation system bi-weekly, per industry standard. The Contractor
shall report any broken sprinkler system parts or damage to County property found immediately to the
Project Manager or designee for repair. The Contractor is responsible for broken systems or parts and
is required to repair the damage at no charge to the County.
The Contractor shall inspect and test rain shut-off devices and other components and zones in the
irrigation system monthly and shall reset zone times accordingly. Minor adjustments and repairs such
as head/emitter cleaning or replacement, filter cleaning, re -aiming of heads to keep water out of the
street, small leaks, and minor timer adjustments shall be made. The Contractor, shall in perpetuity,
allow for the application of/2 inch — % inch of water per irrigation cycle. During regular service times,
the Contractor will note and report to the County any symptoms of inadequate or excessive irrigation,
drainage problems, etc.
Bimini Bermuda Sod Irrigation Recommendations
Typically, three (3) times per week. Watch for hot spots in dry periods and adjust zone timing, or
possibly add a larger flow head if just one (1) area shows hot spots. This will be adjusted seasonally
depending on the weather pattern.
Repairs or system service beyond the above scope will be charged to the County on a time and
material basis for actual repairs only, not for the full monthly check if repairs are made at that time.
The Contractor will notify the County of the nature of the problem before repairs are made.
AerationfTop Dress
Aeration and top dressing of areas shall be done once per year. Depending on traffic and use, high
traffic areas may require this more than 1x per year.
Aeration and top dress of Bermuda Grass
Aeration and top dress with 5/8th tines at 2 — 2.5 inch spacing at least once a year for the first two
years. As the turf ages more organic material or thatch accumulates in the soil profile. The older the
grass, the more you should try and aerate to eliminate compaction and organics from the soil. It would
be ideal to pull plugs from aerating followed with a heavy topdressing. This should also be followed
with some sort of drag mat to push the sand into the aerated holes.
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Mulching
Plant Beds, jogging paths, parking lot heads, and all other mulched areas shall be mulched twice per
year (once in October and once in April/May). The mulch product shall be "Pro-Euc" and shall be
prepped prior to mulching so mulch allows percolation. Mulch will not be placed against trunks of
palms, trees, and plants. Mulch shall be kept six (6) inches away from the trunk of the tree or palm.
After application, mulch needs to be removed from impervious areas. The mulch shall be placed to
provide a three-inch (3" +) non -compacted or unsettled depth measured from the existing soil grade.
Touch ups may be required if there is a heavy rain.
Specialty plant beds in high traffic areas may utilize a mocha brown rubber vigoro mulch for aesthetics.
Native yard areas do not require annual mulching.
Mulching around the lake perimeter, in landscape beds, are also be included in the proposal. Proposal
will be provided if areas keep washing out and we need to replace with stone or other materials.
General Maintenance Recommendations
Royal Palms
Royal Palms shall be kept clean and free of brown fronds and or boots at all times. Support stakes on
royal palms planted with bougainvillea shall be removed in December, following hurricane season to
allow bougainvillea to grow around the trunks. Refer to bougainvillea section below. Fertilize as part
of regular fertilizer program.
Bromeliads
Blooming occurs in different stages, seasons and naturally the parent plant will slowly die after
blooming. As the parent plant slowly dies, offsets/pups will also grow to start over. Remove dead
parent plans every few months. Separate and plant new pups in areas where parent plans have
expended to inf+li beds to maintain full appearance.
The Neoregelia and Aechmea species were selected due to their full sun light tolerance. However,
extremely dry conditions can stress and cause blanching, sunburn spots or holes on leaves. Run
irrigation during dry conditions more frequently to keep roots moist and to prevent stress. Hand clip
stressed leaves during regular maintenance activities.
Fertilize with dilute, soluble fertilizer at about 118 to the strength on the label with a 20-10-20 (Peat
Lite Special) or 20-10-30 as per species requirements. Do not over fertilize in the winter months. Will
not allow bromeliads to become completely dried out.
Dombeya
Hard trim up to two times per year due to fast growing rate. Will hard trim at beginning of rainy season
to reduce weight and mass on plants during wind and rain events. Trim to 4' from ground. Maintain 6-
8' width and diameter when in full bloom.
Bougainvilla
Train to height of 8'-10' feet on Royal Palm Trunks (tallest possible to be maintained without use of
ladders) to create columns of color, foliage to ground. Support with ties around trunk (rope or dark
green tie tape). Check ties annually to ensure no girdling of trunk as palms mature. Power -sheer
bougainvillea during the summer. Cut no more than 1' off the trunk and trimmed at 6' to top.
Stop sheering from November until June or beginning of summer rainy season. Cut stems/shoots that
extend 18" from trunk. Keep trimmed away from walkways. Once stakes are off the royal palms, train
some of the bottom vines to the sides (east and west) for full column effect.
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Bulbine
Deadhead spent flower stalks as needed. Will not over -water.
Perennial Peanut
Maintain weed free. Hand pull weeds. Edge runners along bed edges with metal edger. Will not apply
herbicide or maintain edges with herbicide. Mow once a year to height of 3" during rainy season.
Burle Marx Philodendron
Philodendron runners may need to be pruned back from overtaking specimen bromeliads or from
growing over landscape lighting from time to time. Will clip with hand pruners.
Stakes
Will remove all large tree and palm stakes and support ties within one year of installation. Remove
stakes on ornamental or specimens six months after installation or following hurricane season. If any
shifting or settling of root ball or trunk occurs inspect tree or shrub for health and quality. Remove and
replace any trees/shrubs that have root rot or defects.
Irrigation Pump System Preventative Maintenance
Work shall be performed four 4 times per year and will include the followin
1. General pump station cleaning — Exterior/interior = Pressure wash/Vacuum
2. Inspect hydraulic connections and check for proper torque
3. Lubricate centrifugal pump bearings and inspect pump shaft seal for wear 1 leaks
4. Inspect fan, heater and pressure transducer/gauges and clean air filters
5. Inspect 1 torque electrical connections on pump controls
6. Test -run pump system to ensure proper operations from min. to max. flows
7. Confirm Variable Frequency Drive (VFD) parameters and tune as required
8. Pressure clean and inspect Auto -Flush Filter System (If equipped)
9. Inspect pump intake/discharge system, cleaning intake screen as needed
Notes:
1. Scope of work is limited to inspection of the irrigation pump system and warranty repairs.
2. Additional repairs identified during each inspection must be authorized by a representative of the
County.
3. Each inspection will be documented with a completed check list.
4. The Contractor is not responsible for electrical surge or existing damage caused by neglect.
5. Preventive Maintenance intervals shall be adjusted based on changes in site conditions.
6. The Contractor is not responsible for water source quality (i.e., debris, pH, staining and etc.).
7. The Contractor will respond within 36 hrs.(weekdays) to service requests outside of this
agreement.
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Exhibit A-2 Janitorial Scope of Services
Parnrika (-nact Snnrtc rmmnlpx _ nnitnrIA
Location
Services
Days
Sq.
Feet
vent Specific; AS NEEDED; Laborl
Upplies
Welcome Center Interior
3xs; MWF
6597
vent S ecific: Before, during, & after
Welcome Center Exterior
Restrooms
7xs
848
vent Specific. Before, during, & after
Market Interior
3xs; MWF
553
Event Specific: Before, during, & after
Market Exterior Restrooms
7xs
798
Event Specific: Before, during, & after
Ticket Booth
3xs; MWF
143
Event Specific: Before, during, & after
Maintenance
3xs; MWF
3015
Event Specific: Before, during, & after
Satellite Restrooms
7xs
1811
Event Specific: Before, during, & after
Cove Restrooms
7xs
132
vent Specific: Before, during, & after
Stadium 1 st floor locker rooms
2xs; MF
2146
Event Specific: Before, during, & after
Stadium 15t floor exterior
restrooms
2xs; MF
3612
Event Specific: Before, during, & after
Stadium 2nd Level Restrooms
2xs; MF
271
Event Specific: Before, during, & after
Stadium Suites & Main
Corridor
2xs; MF
3919
Event Specific: Before, during, & after
Stadium Elevator vestibules
and stairwells
2xs; MF
924
Event Specific: Before, during, & after
N1S Stadium Concessions
TBD
1102
Event Specific: Before, during, & after
Stadium Commissa
2xs; MF
348
Event Specific: Before, during, &after
Stadium First Aid/Security
2xs; MF
393
Event Specific: Before, during, & after
Stadium total
TBD
12715
Event Specific, Before, during, & after
Daily General Tasks
• Empty all personal waste baskets, to be disposed of to the site's dumpster.
• Clean and vacuum all carpeted areas
• Remove any gum, tar, or other foreign matter from floors within 25' of entrance exterior
• Sweep and damp mop all hard surface floors
• Spot clean walls. Clean light switches, doors, handles, display cases, elevators/panels,
counters shelves and laminated plastic services.
• Clean and sanitize drinking fountains
Restroom Tasks
• Clean sinks with detergent/disinfectant
• Clean counters with detergentldisinfectant
• Supply and resupply paper towels, soap, toilet tissue, seat covers, feminine hygiene products,
etc.
• Clean all stall walls, doors, exposed tile, shower walls, and walls around urinals and toilets with
detergent/disinfectant
• Clean out urinal screens on a bi-weekly basis
• Clean toilets under basins, around toilets and urinals using detergentldisinfectant
• Damp wipe ledges
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• Clean and polish mirrors, soap dispensers, washbasin, and all plumbing fixtures
• Sweep and then wet mop floors using detergent/disinfectant
• Clean all door handles inside and out
• Report any maintenance issues to the Collier County Maintenance supervisor
Entry Tasks
• Sweep and pick up inside and outside entrances within a radius of 25 ft.
• Empty and install new black or white liner bag in trash cans, if necessary.
• Clean entrance door handles, inside and outside
• Shake and sweep down exterior/interior floor mats
• Empty cigarette receptacles
• All doors, door handles, sliding and glass panels shall be cleaned with damp cloth
• Vacuum all pedigrid systems
• Clean all security blue boxes (Security call boxes that are located at most entrances to county
buildings).
Weekly General: Tasks as part of the regular daily service
• Dust all horizontal (excluding desktops/monitors/phones) and vertical surfaces that are readily
available and visibly require it.
• Clean all doors, frames, kick and push plates with damp cloth
• Clean all A/C vents reachable with extension rod
• Sweep and damp mop all stairs and landings
• Damp wipe ledges
• Clean and polish mirrors, soap dispensers, wash basin and all plumbing fixtures
• Sweep and then wet mop floors using detergent/disinfectant
• Clean all door handles, inside and out
• Report any maintenance issues to Collier County Maintenance Supervisor
Monthly General Tasks
• Dust all ceiling fans, top of bookcases, etc. anything reachable with an extension rod
• Wash/wipe down building lobby walls and high traffic areas, if necessary
• Wipe down all non -upholstered furniture
• Dust blinds (vertical and horizontal)
General Tasks: Quarter)y (every 3 months as art of daily service
• Strip and refinish all hard floors — including but not limited to hallways, lobbies, elevators,
restrooms, and open offices, etc. (schedule with building occupants)
• Clean all grout in tile flooring to maintain original grout color
General Tasks: Bi- early (Every 6 months as part of daily service
• Vacuum office partitions (if necessary)
• Clean exterior 1 st floor windows and interior windowpanes on all buildings
• Steam clean upholstered furniture as requested by County personnel within each facility.
• Truck mount or back pack hot water or steam extract all carpets and pedigrid systems in all
buildings or use dry cleaning method at client's request
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Detailed Cleaning Specifications
Detailed Specifications - The following information is a detailed explanation of the minimum expected
on each task.
Trash Removal
The Contractor shall include the cost of trash removal and the black or white plastic liners in its unit
price. The County shall provide dumpsters or compactors at each site. The Contractor shall provide
appropriate equipment for office trash removal to avoid the possibility of floor damage due to the
dragging of trash bags or containers through buildings. Any damage to carpets and floors caused by
dragging bags or containers will be repaired or replaced at the Contractor's expense. The Contractor
will immediately clean any dragging stains on carpet or concrete. No drag lines will appear while
emptying inside or outside garbage.
Recyclable Material Removal
The Contractor shall instruct its employees to ensure that all materials remain separated, as any mixing
of materials shall impair the possibility of recycling. All recycling shall be placed in outside receptacle,
loose, not in plastic bags. All recyclable materials and their revenues are the property of Collier County.
The removal of all recyclable materials shall conform to all applicable Federal, State, or Local laws.
Vacuuming Car ets
All carpeted areas shall be totally and completely vacuumed each service day( NO EXCEPTIONS)
leaving them free from visible dirt and debris. Special attention shall be paid to baseboards and
corners. All carpeted areas shall be vacuumed using motorized vacuum with brush/ beater bars with
a hepa- filter 0.3- micron filtration system and dual motors. The County requires that the system meets
or exceeds the stated vacuum requirements. Currently, all sites have vacuums that are available for
use until replacement is necessary, then the Contractor is responsible for replacement with appropriate
filtration system and must provide information on vacuum model to Facilities for approval. All stains
must be removed each night. If stain cannot be removed, the area stained shall be reported in writing
to the Maintenance Supervisor within twenty- four( 24) hours.
Basic Cleaning
All washable surfaces, including but not limited to office furniture, office partitions, counters, stainless
steel, around light switches, window sills, bulletin boards, shelves, display cases, laminated plastic
surfaces, elevators and elevator panel boards, shall be cleaned using a micro- fiber cloth dampened
in an all- purpose cleaner unless otherwise specified. All stair hand railings shall be cleaned weekly.
Stairs shall be swept and wet mopped weekly.
Interior/ Exterior Glass Cleaning
All washable interior glass surfaces including but not limited to side panels, display case glass, glass
walls and doors, and security/ privacy glass shall be cleaned on service days by a cloth dampened in
a window cleaner. All 1st Floor exterior windows of each building shall be cleaned every six (6)
months, or more often if needed. The interior panes of windows shall be cleaned every six (6) months;
or more often if needed.
Entry Cleaning
Entrance area cleaning shall be performed on service days and shall include but is not limited to:
All doors, sliding glass panels, and side windows shall be cleaned with a cloth dampened with glass
cleaner.
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All debris including but not limited to paper, gum, leaves, cigarette butts and cobwebs shall be removed
daily, both on the inside and outside of the entrance including all porches up to twenty- five (25) feet
in front of EACH entrance.
All door and window frames, doorknobs and push bars (inside and outside) shall be cleaned with a
cloth dampened with an all-purpose cleaner. All pedigrid entry systems shall be vacuumed on service
days. All pedigrid entry systems shall be deep extraction cleaned twice per year.
Floor Mats
All floor mats located in either the exterior or interior of the facility shall be swept on service days.
Drinking Fountains
All drinking fountains are to be cleaned on service days with a germicidal cleaner. The entire drinking
fountain shall be free of streaks, stains, spots, smudges, scale and other obvious removable soil.
Sweeping/ Wet Mopping Hard Floors
All hard surface floors shall be swept, using a microfiber dust mop and then damp mopped on service
days. This includes but is not limited to elevator floors, restroom floors, office floors, and hallways. All
Community Center hard surface floors shall be swept, and damp mopped every service day. Warning
barricades (with dual language) shall be used always when any surface is damp.
A micro- fiber mop shall be used for sweeping. For damp mopping, an all- purpose cleaner or
germicidal cleaner shall be used.
Ash Receptacles
Wall -mounted ashtrays and floor -type ash receptacles within the area shall be emptied and returned
to their locations. The wall mounted and floor -type receptacles with removable ashtrays in public areas
shall be damp wiped with a cloth to remove evident soil. Any cigarette butts surround the receptacle
within 10' will be picked up and disposed of.
Dusting
All horizontal surfaces less than ten feet (10') above the floor that do not require being damp wiped
shall be dusted weekly using a microfiber dust cloth. No feather dusting allowed without exception.
All picture frames, clock face glass, and any surface under eight feet (8') above the floor shall be
dusted weekly. All AC vents (supply/ return) shall be cleaned weekly, if reachable with an extension
rod. All ceiling fans and tops of bookcases (with no items) shall be cleaned monthly, if reachable with
an extension rod.
Doors
All doors, door handles (front and back), door frames, and kick and push plates shall be cleaned every
service day, or more frequently if needed, using a dampened micro- fiber cloth.
All switch plates shall be cleaned including the area around them.
Spray Buff Hard Floors
All hallways, the and terrazzo floors shall be spray buffed every three( 3) months to maintain a high
glossy uniform finish on the floor. All movable furniture and objects shall be moved out of the area.
Locker and shower floors shall be scrubbed every three (3) months. County must be notified at least
five (5) business days prior to scheduled cleaning. All furniture, waste receptacles, etc. must be
returned to original positions after floors have been cleaned so employees can begin work the following
morning.
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Vending Machines
The surfaces of all vending machines, including the top, shall be cleaned weekly; or as needed.
Walls/ Baseboards
All walls and baseboards shall be spot washed as needed, unless otherwise specified in these
specifications.
Blinds
All mini -blinds, vertical blinds and horizontal blinds shall be dusted monthly using a damp micro -fiber
cloth or a vacuum cleaner with the proper attachment to remove all dust, smudges and dirt. No feather
dusting permitted without exception. After cleaning, the mini blinds shall be straightened and returned
to their original position.
Dry Clean Carpets
Dry cleaning may be substituted by extraction at the Facility Manager's discretion. This is the preferred
method for cleaning small spots daily. County must be notified at least five (5) days prior to schedule
cleaning.
Strip& Refinish Hard Floors
The hard floors in all closed and open office areas, hallways, lobbies, elevators, and all restrooms
shall be stripped and refinished every three (3) months, Hosing of the floor shall not be permitted.
County must be notified at least five (5) days prior to schedule cleaning.
Furniture Fabric Cleaning
All non- upholstered furniture shall be cleaned monthly. All upholstered furniture shall be steam -
cleaned semi- annually as needed and requested by each individual division. Furniture surfaces and
legs shall be cleaned as required. The fabric found on office partitions shall be vacuumed bi- annually.
Deep Extraction Carpet Cleaning
All carpets shall be cleaned twice( 2) a year. All departments must be notified at least five (5) days
prior to scheduled cleaning.
Scheduling. Employee Work Hours and Wages
The Contractor shall be responsible for the scheduling of its employees to accomplish the tasks and
cleaning requirements specified in the Specified Tasks and Frequency Schedule at the times
designated by the building- cleaning schedules found in these specifications. Employee scheduling
shall be enough (7 days) to allow for compliance with the Specified Tasks and frequency schedule as
referenced above.
The Contractor has the prerogative to increase the number of employees on the job to ensure
compliance with the contract specifications, at no cost to the County.
Evening start- time for the Contractor personnel shall be at 5:00 pm, unless otherwise arranged or
designated. The Contractor' s employees shall not start earlier without the express consent from the
Facility Manager and the Contractor' s supervisory personnel. In the event of evening meetings being
conducted in County facilities, the Contractor shall be responsible for proper cleaning provided the
meetings end by 9:00 pm. When meetings end after 9:00 pm, the Contractor shall be responsible for
cleaning the area the next morning, with no deduction made from the Contractor's invoice.
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Recycling
Removal of recycling will take place on service days. All facilities, not on the main government
complex, must have exterior recycling containers, as per County ordinance, for use by the janitorial
staff or decide to remove recycling from the facility. Janitorial staff is not required to separate recycling
out of trash/ recycling containers nor breakdown boxes prior to removal. All recycling shall be placed
in outside receptacle, loose, not in plastic bags.
Attachment B: Supplies and Equipment Specifications
It shall be understood and agreed that all services, materials and equipment shall comply fully with all
Local, State and Federal laws and regulations.
General Specifications
All equipment and supplies shall be Green Seal Certified, where applicable. Any changes must be
approved by the Facilities Director or his designee. Changes can be requested by the Facilities
Director or his designee. Proof, by invoice or packing slip, shall be shown to Facility Manager that
acceptable supplies are provided. Through the use of cleaning products and/ or chemicals, the
Contractor is representing to the County that it has the experience and knowledge to prevent use of
such supplies/ chemicals singularly or in combination in such a manner to pose or cause a risk or
threat of actual harm to the public, Contractor's employees or the County' s employees.
Reference of Green Seal Certified Products: hftps.H greenseal. org/ certified- products- services.
Suppiies
The following supplies shall be provided by the Contractor and installed in the proper locations, and
shall conform to GREEN SEAL
CERTIFICATION: https:ll ereenseal_ ore/certified- products- services:
a. Toilet tissue shall be two- ply— GS- 1
b. Paper towels shall be multifold, center pull, roll, etc.— GS- 1
c. Hand soap. GS- 41
d. Trash liners— Black or white liners for trash and clear liners for recycling
e. Urinal floor screens
f. Toilet Seat Covers
g. Feminine Hygiene products— Guards# 147 or equivalent; Women' s sanitary product
Revenues to be kept by Contractor)
h. Hand Sanitizer for dispensers
i. Wax bags
j. Batteries for dispensers
Germicidal Cleaner
Germicidal cleaner shall be Green Seal Certified, if appropriate. The product shall not cause any
surface deterioration when used properly and shall not cause color to bleach or bleed. All containers
shall be labeled with the hazardous agent noted and necessary precautions indicated. Bleach may be
used at approved locations.
All -Purpose Cleaner
The cleaner shall be made from high quality soaps, abrasives and disinfectant agents, uniformly
mixed. It shall not cause colors to bleach or bleed. The all-purpose cleaner shall be Green Seal
Certified, if appropriate.
Stainless Steel Cleaner
Stainless Steel Cleaner shall be Green Seal Certified, if appropriate.
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Bowl Cleaner
Bowl cleaner shall be chemically effective for removal of scale, film, plumbers stone or organic
material. It shall also clean and deodorize without damaging the finish or fittings.
The bowl cleaner shall be Green Seal Certified, if appropriate.
Glass Cleaner
Glass cleaner shall be a blend of synthetic organic detergents, alcohols, solvents, and germicidal
components; it shall not contain any perfume, ammonia or inorganic alkalis.
The glass cleaner shall be Green Seal Certified, if appropriate.
Floor Finish, Sealer, and Stripper
All specifications for floor finishes, sealers, and strippers shall conform to the manufacturer' s
instructions. Floor finish shall be completely waterproof within twelve (12) hours after application. Floor
finish shall be non- yellowing on the floor and should be milk white in the original container rather than
tan. Floor finish shall be Green Seal Certified, if appropriate.
Cleaning Equipment
All rotary machines used for buffing purposes shall be hi- speed machines. When dusting is required,
micro -fiber cloths and equipment shall be used. Feather dusting is not permitted. Micro -fiber mops
shall be used to eliminate the scattering of dust.
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Exhibit B
Performance_ Criteris
The Contractor shall provide the following supporting documentation to substantiate the
following activities for reimbursement:
Deliverable 'I: Maintain staff and compensation per Exhibit D Contractor's Compensation
and Exhibit E Pro -Forma and as outlined in the Complex Operating Manual. Progress and
detail of this deliverable will be evidenced by providing the County with a monthly payment
record, including a direct deposit transaction detail report for each employee receiving
payment during the period. All such monthly records/reports shall be provided to the County
by the close of business no later than five (5) days after the end of each month.
Deliverable • Provide a monthly report of all receipts to support the expenses being
submitted for reimbursement and a transaction detail report. All such monthly records/reports
shall be provided to the County by the close of business no later than five (5) days after the
end of each month.
peliverable 3: Maintain and update a search engine optimized website and social media
accounts that highlight the Complex, Collier County, and the Paradise Coast region.
Each month the Contractor will provide an analytics report for the period along with
Deliverables 1 and 2. All such monthly records/reports shall be provided to the County by
the close of business no later than five (5) days after the end of each month.
Deliverable 4: Contractor shall provide a quarterly review of the Complex, including the
events held at the Complex during the quarter, a look ahead to the next quarter, and a
profit and loss statement. This profit and loss statement will calculate the quarterly
remittances to the County. This report will be prepared and submitted within 30 days of the
conclusion of the quarter. The Contractor shall present each quarterly report to the Tourist
Development Council at its next available meeting, or the earliest date thereafter at the
convenience of the Council's agenda.
Deliverable 5: Development and submission of a preliminary annual budget for the
following fiscal year by May 111 of each year for review for inclusion in the County budget
process.
i]eliverable 6: Submittal of an annual business plan for the Complex by October 31 after
theclosing of each fiscal year. The annual report shall include a year-end review of the
concluding year and goals, and also outline the budget, and strategy for the upcoming
fiscal year. The annual business plan will be presented to the Tourist Development
Council and Board of County Commissioners at the next available meeting.
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Exhibit C
Additional Terms and Conditions
ARTICLE 9
DEFINITIONS
1.1. Definitions. For purposes of this Agreement, the following terms have the meanings
referred to in this Section:
Affiliate: A person or company that directly or indirectly, through one or more intermediaries,
controls or is controlled by, or is under common control with, a specified person or company.
Capital Improvements: All expenditures for building additions, alterations, repairs or
improvements, and for purchases of additional or replacement furniture, machinery, or equipment,
where the cost of such expenditure is greater than Five Thousand Dollars ($5,000) and the
depreciable life of the applicable item is, according to generally accepted accounting principles, in
excess of five (5) years.
Event of Force Majeure: An act of God, fire, earthquake, hurricane, flood, riot, civil
commotion, terrorist act, terrorist threat, storm, washout, wind, lightning, landslide, explosion,
epidemic, inability to obtain materials or supplies, any law, ordinance, rule, regulation, or order of
any public or military authority stemming from the existence of economic or energy controls, hostilities
or war, a labor dispute which results in a strike or work stoppage affecting the Complex or services
described in this Agreement, or any other cause or occurrence outside the reasonable control of the
party claiming an inability to perform and which by the exercise of due diligence could not be
reasonably prevented or overcome.
Existing Contracts: Service Contracts, Revenue Generating Contracts, and other
agreements relating to the day-to-day operation of the Facilities existing as of the Commencement
Date.
FF&E: Furniture, fixtures, and equipment to be procured for use at the Facilities.
General Manager: The employee of Contractor acting as the full-time on -site general
manager of the Facilities.
Laws: Means ail applicable laws, statutes, rules, regulations and ordinances.
Management -Level Employees: The General Manager, Marketing Coordinator, Director of
Operations, Business Development and Events Director, Tournament/Sports Coordinator, Local
Programming/Sports Coordinator, Marketing Coordinator, Director of Food & Beverage/Retail, Food
Service Coordinator, Retail Coordinator, Finance Manager, and Administrative Support.
Operating Budget: A line -item budget for the Complex that includes a projection of
Revenues and Costs, presented on a monthly and annual basis.
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11.C.d
Operating Year: Each twelve (12) month period during the Term, commencing on October
1 and ending on September 30, provided that the first Operating Year shall be a shortened year
commencing on the Commencement Date and ending on September 301h of that year and the last
Operating Year shall be a shortened year, ending upon the expiration of this Agreement.
Payroll Account: A separate account in the name of Contractor at a Florida licensed bank
through which all Complex staff and other personnel employed by Contractor (including related
payroll taxes), or engaged by Contractor as an independent contractor, are paid.
Revenue Generating Contracts: Vendor, concessions and merchandising agreements,
user/rental agreements, booking commitments, licenses, and all other contracts or agreements
generating revenue for the Complex and entered into in the ordinary course of operating the Complex.
Service Contracts: Agreements for services to be provided in connection with the operation
of the Complex, including without limitation agreements for consulting services, ticketing, web
development and maintenance, computer support services, FF&E purchasing services, engineering
services, electricity, steam, gas, fuel, general maintenance, HVAC maintenance, telephone, staffing
personnel including guards, ushers and ticket -takers, extermination, elevators, stage equipment, fire
control panel and other safety equipment, and other services which are deemed by Contractor to be
either necessary or useful in operating the Complex.
Taxes: Any and all governmental assessments, franchise fees, excises, license and permit
fees, levies, charges and taxes, of every kind and nature whatsoever, which at any time during the
Term may be assessed, levied, or imposed on, or become due and payable out of or in respect of,
(i) activities conducted on behalf of the Owner at the Complex, including without limitation the sale of
concessions, the sale of tickets, and the performance of events (such as any applicable sales and/or
admissions taxes, use taxes, excise taxes, occupancy taxes, employment taxes, and withholding
taxes), or (ii) any payments received from any holders of a leasehold interest or license in or to the
Complex, from any guests, or from any others using or occupying all or any part of the Complex, but
excluding any such fees, levies, charges, and taxes that pertain solely to the Contractor's business
operations, and the employment of its personnel.
ARTICLE 2
OWNERSHIP; USE OF THE COMPLEX
2.1 Ownership of Complex, Data, Equipment and Materials. Owner will at all times
retain ownership of the Facilities, including but not limited to real estate, technical equipment,
furniture, displays, fixtures and similar property, including improvements made during the Term, at
the Complex. Any data, equipment or materials furnished by Owner to Contractor or acquired by
Contractor as Fixed Costs shall remain the property of Owner and shall be returned to Owner when
no longer needed by Contractor to perform under this Agreement. Notwithstanding the above, Owner
shall not have the right to use any third -party software licensed by Contractor for general use by
Contractor at the Complex and other facilities managed by Contractor, the licensing fee for which is
proportionately allocated and charged to the Complex as a Fixed Costs; such software may be
retained by Contractor upon expiration or termination hereof.
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2.2 Right of Use by Contractor. The Owner hereby gives Contractor the right and license
to use the Complex for the Term, and Contractor accepts such right of use, for the purpose of
performing the services herein specified, including the operation and maintenance of all physical and
mechanical facilities necessary for, and related to, the operation, maintenance and management of
the Complex. The Owner shall provide Contractor with a sufficient amount of suitable office space in
the Complex (exact office space to be mutually agreed by the parties) and with such office equipment
as is reasonably necessary to enable Contractor to perform its obligations under this Agreement. In
addition, the Owner shall make available to Contractor, at no cost, parking spaces adjacent to the
Complex for all of Contractor's full-time employees and for the Complex's event staff.
2.3 Right of Use of Staff by Contractor. Contractor shall have the right to utilize its
employees as needed to support Contractor's organization as a whole, including but not limited to
travel for training and temporary staffing coverage. Contractor shall have the right to utilize the
Complex to host events for its employees from time to time for the purpose of learning and
development, at no cost to the operational budget other than that incurred by the staff who are
regularly stationed at the Complex.
2.4 Observance of Agreements. The Owner agrees to pay, keep, observe and perform
all payments, terms, covenants, conditions and obligations under any leases, bonds, debentures,
loans and other financing and security agreements to which the Owner is bound in connection with
its ownership of the Complex.
ARTICLE 3
PERSONNEL
3.1 Generally. All Complex staff and other personnel shall be engaged or hired by
Contractor in its sole discretion, except that Owner shall preapprove the employment of the General
Manager, and shall be employees, agents or independent contractors of Contractor, and not of the
Owner. Contractor agrees that upon a written request by Owner to remove and replace the General
Manager, as long as the reasons for the request are non-discriminatory and not otherwise unlawful,
it will engage in cooperative discussions with Owner to remedy Owner's concerns; failing which,
Contractor will replace the General Manager within an agreed upon reasonable period of time.
Contractor shall select employees, in its sole discretion but subject to Owner's right to approve the
Operating Budget. The Operating Budget shall define the number, function, qualifications, and
compensation, including salary and benefits, of its employees and shall control the terms and
conditions of employment (including without limitation termination thereof) relating to such
employees. Contractor agrees to use reasonable and prudent judgment in the selection and
supervision of such personnel.
3.2 Employment Matters. The Contractor shall present the then current staffing, and all
salaries and payments to employees through the Payroll Account in the Contractor's Annual Budget.
It is understood by all parties that reductions and additions to various positions may be made at
Contractor's discretion throughout the year due to business tempo, trends, opportunities, and budget
requirements. If a change is recommended that will require expense above the budget, the change
will be submitted for Owner's review and approval per Section 31 of the Agreement.
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11.C.d
ARTICLE 4
PROCEDURE FOR HANDLING INCOME
4.1 Business Income. Except as otherwise agreed to by the parties in writing all Revenue
derived from operation of the Complex shall be deposited by Contractor into the Operating Account
at a Florida licensed bank, as soon as practicable upon receipt (but not less often than once each
business day). The specific procedures (and authorized individuals) for making deposits to and from
such account shall be set forth in the Operating Manual.
4.2 Accounting Records and Reporting. During the Term, Contractor shall maintain
professional accounting records. Contractor shall provide the financial statements in a format
reasonably specified by Owner.
4.3 Internal Control. The Contractor agrees to develop, install, and maintain reasonably
appropriate accounting, operating, and administrative controls governing the financial aspects of the
Complex, such controls to be consistent with professionally accepted accounting practices.
ARTICLE 5
COMPLEX CONTRACTS; TRANSACTIONS WITH AFFILIATES
5.1 Existing Contracts. The Owner shall provide to Contractor, on or before the Commencement
Date, full and complete copies of all Existing Contracts. Contractor shall administer and use
reasonable commercial efforts to assure compliance with such Existing Contracts to the extent
provided to Contractor.
5.2 Execution of Contracts. Contractor shall negotiate, execute (in Contractor's own name,
except as otherwise provided herein), deliver and administer any and all programming, rental
agreements, booking commitments, advertising agreements, concession agreements,
supplier agreements, service contracts (including, without limitation, contracts for cleaning,
decorating and set-up, general maintenance and maintenance and inspection of HVAC
systems, elevators, stage equipment, fire control panel and other safety equipment, staffing
and personnel needs, including guards, and other services which are necessary or
appropriate) and all other contracts and agreements in connection with the management,
promotion, and operation of the Complex. In addition to the foregoing, the County may
prescribe after the date hereof certain other guidelines pertaining to Contractor's contracting
rights hereunder which are designed to preserve the tax-exempt status of the bonds issued
to finance the construction of the Complex or to ensure that the Complex is operated in
accordance with the County's policies and applicable law, and in such event, Contractor will
comply with those guidelines. In connection with any programming, licenses, agreements,
commitments or contracts for the Complex, Contractor will ensure that such documents
provide for the fact that Contractor has the right to assign all of its rights and obligations
under such licenses, agreements, commitments and contracts to the County (or to any
successor management company retained by the County) upon the expiration or termination
of this Agreement, and upon such expiration or termination, Contractor shall make such
Page 39 of 45
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11.C.d
assignment in a form reasonably acceptable to the County and the County will accept such
assignment of rights and assumption of obligations.
5.3 Transactions with Affiliates. In connection with its obligations hereunder relating to the
purchase or procurement of services for the Complex (including without limitation food and beverage
services, ticketing services and Commercial Rights sales), Contractor may purchase or procure such
services, or otherwise transact business with, an Affiliate of Contractor, provided that the prices
charged and services to be rendered by such Affiliate are established as the lowest priced and/or
best value based upon competitive bids solicited from other providers seeking to render such services
at the Complex. Contractor shall provide all documentation from the proposed service providers
relating to the procurement and solicitation of goods and services.
ARTICLE 6
AGREEMENT MONITORING AND GENERAL MANAGER
6.1 Contract Administrator. Each party shall appoint a contract administrator who shall monitor
such party's compliance with the terms of this Agreement. Contractor's contract administrator shall
be its General Manager at the Complex unless Contractor notifies Owner of a substitute contract
administrator in writing. Owner shall notify Contractor of the name of its contract administrator within
thirty (30) days of execution hereof. Any and all references in this Agreement requiring Contractor or
Owner participation or approval shall mean the participation or approval of such party 's contract
administrator, subject to the requirements of the then current Collier County Procurement Ordinance
and other applicable Florida law.
ARTICLE 7
COVENANTS AND REPRESENTATIONS
7.1 Owner's Covenants and Representations. Owner makes the following covenants and
representations to Contractor, which covenants, and representations shall, unless otherwise stated
herein, survive the execution and delivery of this Agreement:
a) Owner's Status. Owner is apolitical subdivision of the State of Florida duly organized, validly
existing, and in good standing under the laws of the State of Florida with full power and
authority to enter into this Agreement and execute all documents required hereunder.
b) Authorization. The making, execution, delivery, and performance of this Agreement by Owner
has been duly authorized and approved by requisite action and this Agreement has been duly
executed and delivered by Owner and constitutes a valid and binding obligation of Owner,
enforceable in accordance with its terms and applicable laws.
c) Effect of Agreement. To Owner's best knowledge, without duty of inquiry, neither the execution
and delivery of this Agreement by Owner nor Owner's performance of any obligation
hereunder: (i) will constitute a violation of any law, ruling, regulation, or order to which Owner
is subject; or (ii) shall constitute a default of any term or provision or shall cause an acceleration
of the performance required under any other agreement or document (A) to which Owner is a
party or is otherwise bound, or (B) to which the Complex or any part thereof is subject.
d) Ownership Rights. Owner shall obtain and retain the property interests in the Complex
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11.C.d
necessary to enable Contractor to perform its duties pursuant to this Agreement peaceably
and quietly. Owner represents and warrants that Contractor's performance of the services
required by this Agreement shall not violate the property rights or interests of any other Person.
e) Documentation. If necessary, to carry out the intent of this Agreement, Owner agrees to
execute and provide to Contractor, on or after the Commencement Date, any and all other
instruments, documents, conveyances, assignments, and agreements which Contractor may
reasonably request in connection with the operation of the Complex.
7.2 Contractor's Covenants and Representations. Contractor makes the following covenants
and representations to Owner, which covenants and representations shall, unless otherwise stated
herein, survive the execution and delivery of this Agreement:
a) Corporate Status. Contractor is a limited liability company duly organized, validly existing, and
in good standing under the laws of the State of Florida and authorized to transact business
throughout the United States with full corporate power to enter into this Agreement and
execute all documents required hereunder.
b) Authorization. The making, execution, delivery, and performance of this Agreement by
Contractor has been duly authorized and approved by all requisite action of the board of
directors of Contractor, and this Agreement has been duly executed and delivered by
Contractor and constitutes a valid and binding obligation of Contractor, enforceable in
accordance with its terms and applicable laws.
c) Effect of Agreement. To Contractor's best knowledge, without duty of inquiry, neither the
execution and delivery of this Agreement by Contractor nor Contractor's performance of any
obligation hereunder (i) will constitute a violation of any law, ruling, regulation, or order to
which Contractor is subject; or (ii) shall constitute a default of any term or provision or shall
cause an acceleration of the performance required under any other agreement or document
to which Contractor is a party or is otherwise bound.
ARTICLE 8
MISCELLANEOUS
8.1 Relationship. Contractor and Owner shall not be construed as joint venturers or general
partners of each other, and neither shall have the power to bind or obligate the other party except as
set forth in this Agreement. Contractor understands and agrees that the relationship to Owner is that
of independent contractor, and that it will not represent to anyone that its relationship to Owner is
other than that of independent contractor. Nothing herein shall deprive or otherwise affect the right
of either party to own, invest in, manage or operate property, or to conduct business activities, which
are competitive with the business of the Complex. Contractor covenants and agrees that even though
it may have a management responsibility for other similar properties, which from "time to time" may
be competitive with the Complex, Contractor shall always represent the Complex fairly and deal with
Owner on an equitable basis.
8.2 Licenses. Contractor agrees to obtain and maintain throughout the period of this Agreement
all such licenses as are required to do business in the State of Florida and in Collier County, Florida,
including, but not limited to, all licenses required by the respective state boards and other
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11.C.d
governmental agencies responsible for regulating and licensing the professional services to be
provided and performed by Contractor pursuant to this Agreement.
8.3 Contractor agrees that, when the services to be provided hereunder relate to a professional
service which, under Florida Statutes, requires a license, certificate of authorization or other form of
legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to
provide such services to Owner.
8.4 Benefits and Obligations. The covenants and agreements herein contained shall inure to
the benefit of, and be binding upon the parties hereto and their respective heirs, executors,
successors, and assigns.
8.5 Force Majeure. Any delays in the performance of any obligation of Contractor under this
Agreement shall be excused to the extent that such delays are caused by Acts of Nature and other
causes falling within the definition of force majeure as defined herein that are not within the control
of Contractor. In such instances, and any time periods required for performance shall be reasonably
extended accordingly, subject to advance notice and approval by the Owner.
8.6 Intellectual Property. Owner acknowledges that Contractor has certain intellectual property,
trade secrets and proprietary business techniques ("Intellectual Property ") that it will on behalf of
Owner to meet its obligations under this Agreement. Owner acknowledges that it obtains no
ownership rights whatsoever in the Intellectual Property and, upon termination of this Agreement,
Contractor shall retain all rights to the Intellectual Property and remove such Intellectual Property
from the Complex and its operations. For purposes of this Agreement, the term Intellectual Property
shall include, without limitation, analytical tools and documented procedures for forecasting,
performance tracking, operational and marketing systems that are unique to Contractor's approach,
staff training programs, program curriculum and agendas, rights to certain discounts or programs that
Contractor has negotiated for Contractor -operated facilities, and other intellectual property which
Contractor has previously introduced to the Complex and of which Contractor is an author.
8.7 Surrender of Premises. Upon termination of this Agreement (termination shall, for all
purposes in this Agreement, include termination pursuant to the terms of this Section 19 and any
expiration of the term hereof), Contractor shall surrender and vacate the Facility upon the effective
date of such termination. The Complex and all equipment and furnishings shall be returned to the
County in good repair, reasonable wear and tear excepted. All reports, records, including financial
records, and documents (including computer data) maintained by Contractor at the Complex or
elsewhere relating to this Agreement shall be immediately surrendered to the County by Contractor
upon termination. The County, at its cost and within thirty (30) days after such expiration or other
termination, shall remove all signage relating to Contractor and its Affiliates.
8.8. Use of Facility at Direction of County. The County shall have the right to use the Complex
or any part thereof, upon reasonable advance notice and subject to availability in accordance with
the procedures to be established in the booking policy, which shall be provided to the County within
30 days of the Commencement Date of the Agreement; and, subject to the County's approval, it
being recognized that booking a County event during times that are reserved and being marketed for
possible tournaments, camps, clinics, rentals, and other events will lessen the projected revenues
and increase the odds of operating losses.
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11.C.d
Exhibit D
Contractor's Compensation
During the Term of this Agreement, Contractor shall receive compensation from the
Owner according tothe following:
i. Deferred Incentive Fee,
2. Employee Compensation; and
3. Reimbursed Expenses
1. Deferred Incentive Fee. During the Term, Owner agrees to pay to Contractor
a Deferred Incentive Fee of fifty percent (50%) the Net Operating Income (without any
allocation for debt, amortization, taxes, depreciation, amortization, capital, maintenance
and utilities and represented as "EBITDA" on the attached Exhibit E Pro -Forma) of the
Complex in any given Operating Year once the Complex Net Income is positive. Such
calculations shall be made by Contractor within thirty (30) days of the ending of each
operating quarter (three- month period) and paid to Contractor within thirty (30) days of such
calculation being delivered to Owner. Each successive quarter, the amount will be "trued
up" based on year-to-date performance. If any quarter is a negative NOI, Contractor will
credit the deficit amount back to the Owner so the Year -To -Date NO[ payment performance
equate to a cumulative fifty percent (50%).
2. Corporate Services Fee. During the Term, Owner will not be responsible for
any of Contractor's corporate office service fee. Contractor will be responsible for covering
all costs of its corporate support servicesto the Complex.
3. Payroll Compensation. During the Term, Owner shall pay to Contractor in
equal monthly installments, the Employment Costs for all employees at the Complex
(collectively, the "Payroll Compensation"). Contractor will compensate all of its employees
on a monthly basis and therefore each Payroll Compensation payment will become due and
payable on the first (1st) day of each successive month. For purposes of this Agreement,
the term "Employment Costs" shall mean the total salary and compensation for the
Management Employees plus any fringe benefits including health insurance, etc.
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11.C.d
Exhibit E
Pro -Forma
(Following this page)
Page 44 of 45
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Packet Pg. 492
11.C.d
EXHIBIT E
PROFORMA
Total Facility Revenue and Expenses
SPORTS FACILITIES
Total Revenue & Expenses M COMPANIES
Revenue
Year 0
FY21-22
Year 1
FY22-23
Year 2
FY23-24
Year 3
FY24-25
Year 4
FY25-26
Year 5
FY26-27
Rental Baseball/Softball Tournaments
$71,375
$347,709
$621,544
$726,229
$815,524
$845,332
Rental Multi -Purpose Field Tournaments
$92,999
$121,600
$188,800
$302,720
$323,840
$406,560
Outdoor Baseball/Softball
$35,000
$86,000
$103,868
$132,280
$146,933
$163,654
Outdoor Soccer
$6,000
$63,000
$75,333
$94,946
$104,893
$116,169
Outdoor Football
$10,125
$28,375
$33,731
$42,253
$46,532
$51.363
Outdoor Lacrosse
$5,900
$22,500
$28,906
$39,259
$44,920
$51,609
Outdoor Field Rental
$87,846
$111,320
$167,174
$189,406
$195,090
$210,990
Concerts & Special Events
$25,000
$27,500
$30,250
$33,275
$36,603
$40,263
Parking
$224,250
$362,250
$448,500
$621,000
$638,250
$741,750
RV Parking
$0
$0
$0
$0
$0
$0
Adventure/7ipline
$0
$0
$0
$0
$0
$0
The Factory
$35,000
$42,000
$44,100
$46,305
$48,620
$51,051
Hotel Rebates
$161,315
$218,168
$420,735
$713,125
$769,300
$861,700
Food & Beverage
$366,712
$443,747
$1,296,486
$1,575,179
$1,702,753
$1,842,541
Photography
$15,000
$133,650
$357,500
$480,000
$615,000
$680,000
Merchandise
$75,540
$180,668
$362,385
$512,715
$587,655
$677,865
Sponsorships & Secondary Revenue
$125.000
$150,000
$200.000
$250.000
$250.000
$300.000
Total Revenue
$1,337,002
$2,336.488
$4,379,311
$5,756,694
$8,325.912
$7.040,848
Expenses
Year 0
FY21-22
Year 1
FY22-23
Year 2
FY23-24
Year 3
FY24-25
Year 4
FY25-26
Year 5
FY28-27
Rental Baseball/Softball Tournaments
$10,706
$48,624
$86,566
$99,704
$110,533
$115,004
Rental Multi -Purpose Field Tournaments
$13,950
$18,240
$28,320
$45,408
$40,576
$60,984
Outdoor Baseball/Softball
$12,800
$37,640
$45,460
$54,763
$60,829
$65,907
Outdoor Soccer
$2,040
$21,090
$25,219
$30,699
$33,915
$36,929
Outdoor Football
$2.903
$8,208
$9,757
$11,875
$13,078
$14,235
Outdoor Lacrosse
$1,822
$7,425
$9,539
$12,955
$14,824
$17,031
Outdoor Field Rental
$4,392
$5,566
$8,359
$9,470
$9,754
$10,549
Concerts& Special Events
$16,250
$17,875
$19,663
$21,629
$23,792
$26,171
Parking
$50,456
$81,506
$100,913
$139,725
$143,606
$166,894
Hotel Rebates
$0
$0
$0
$0
$0
$0
RV Parking
$0
$0
$0
$0
$0
$0
Adventure/7ipline
$0
$0
$0
$0
$0
$0
The Factory
$7,000
$8,400
$8,820
$9,261
$9,724
$10,210
Food & Beverage
$190,690
$230,746
$674,173
$819,093
$885,431
$958,121
Photography
$7,800
$69,498
$185,900
$249,600
$319,800
$353,600
Merchandise
$52,878
$126,467
$253,670
$358,901
$411,359
$474,506
Sponsorships & Secondary Revenue
$12,500
$15.000
$20,000
$25,000
$25.000
$30.000
Total Cost of Goods Sold
$386,187
$896,487
$1,478.357
$1.886,084
$2,110.222
$2,340,141
Gross Marain
S950 675
$1 842 000
$2 902 955
S3,870,610
$4 215 690
$4 700 706
% of Revenue
71 %
70%
66%
67%
67%
67%
Facility Expenses
$203,489
$404,556
$436,398
$448,263
$464,594
$478,824
Operating Expense
$156,705
$301,859
$336,493
$393,148
$418,354
$448,506
Management Payroll
$476,667
$657,000
$683,280
$710,611
$739,036
$768,597
Payroll Taxes/Benefits/Bonus
$135,764
$205,774
$288.857
$336,886
$358,935
$388,235
Total Operating Expenses
$972,625
$1,569.188
$1.745.028
$1,886,909
$1.980.918
$2 084,162
I
EBITDA
($21,7501
$72.611
$1.157.927
$1,981.701
$2.234.772
$2.616,544
Note: Facility Expenses line Includes landscaping and janitorial among other facility expenses
Projections based on estimated phase II opening February 2022 and phase III December 2022.
23
Packet Pg. 493
11.C.d
Exhibit F
Key Personnel and Hourly Rates
Position
Salary
Benefits
Total
Principals
$125
per hour
$25 per hour
$150
per hour
Executives
$85
per hour
$15 per hour
$100
per hour
Directors
$55
er hour
$15 per hour
$70
per hour
Manaaers
$40
per hour
$10 per hour
$50
per hour
Coordinator/Analyst/Specialist
$25
per hour
$10 per hour
$35
per hour
Administrative
$25
per hour
$10 per hour
$35
per hour
*above rates subject to 3% increase/cost adjustment per year
Page 45 of 45
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11.C.e
PROFESSIONAL SERVICE AGREEMENT # 21-7898
for
"COLLIER COUNTY SPORTS COMPLEX MANAGEMENT"
THIS AGREEMENT, made and entered into on this day of , 2021,
by and between Vieste Sports Management, LLC, a company authorized to do business in
the State of Florida, whose business address is 27299 Riverview Center Blvd., Suite 105,
Bonita Springs, Florida 34134 (hereinafter referred to as the "Contractor"") and COLLIER
COUNTY, a political subdivision of the State of Florida, (the "County" or "Owner"), (collectively
the "Parties"):
WITNESETH:
The Agreement shall be for a five (5) year period, commencing on November 22, 2021, Uj
.
and terminating on five (5) year(s) from that date or until all outstanding Purchase
Order(s) issued prior to the expiration of the Agreement period have been completed or CD
N
terminated.
The County may, at its discretion and with the consent of the Contractor, renew the i-
Agreement under all of the terms and conditions contained in this Agreement for one N
(1) additional five (5) year(s) periods. The County shall give the Contractor written o
notice of the County's intention to renew the Agreement term prior to the end of the o
Agreement term then in effect. 00
The County Manager, or his designee, may, at his discretion, extend the Agreement
under all of the terms and conditions contained in this Agreement for up to one hundred
and eighty (180) days. The County Manager, or his designee, shall give the Contractor
written notice of the County's intention to extend the Agreement term prior to the end of
the Agreement term then in effect.
2. SCOPE OF SERVICES. The County owns the infrastructure, buildings, parking, lighting,
sports playing surfaces, sports equipment, and all other hard assets associated with the
athletic complex as the same exist now or may exist in the future including improvements
related thereto specifically located at 3940 City Gate Blvd North, Naples, Florida 34117,
known as the Paradise Coast Sports Complex or any other name that this facility may
be identified as in the future ("Complex").
The Contractor shall provide services in accordance with the terms and conditions of
Invitation to Negotiate (ITN) #21-7898, including all the Attachment(s), Schedules,
Exhibit(s) and Addenda, Contractor's proposal referred to herein and made an integral
part of this Agreement, Exhibit A --- Scope of Services; Exhibit A-1, Landscape Scope of
Services; Exhibit A-2 Janitorial Scope of Services; Exhibit B Performance Criteria;
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Exhibit C Additional Terms and Conditions; Exhibit D Contractor's Compensation;
Exhibit E Pro -Forma; and Exhibit F Key Personnel and Hourly Rates, attached to this
Agreement.
2.1 This Agreement contains the entire understanding between the Parties and any
modifications to this Agreement shall be mutually agreed upon in writing by the Parties,
in compliance with the County's Procurement Ordinance, as amended, and
Procurement Procedures in effect at the time such services are authorized.
3. THE AGREEMENT SUM. The County shall pay the Contractor for the services to be
provided under this Agreement in Exhibit D Contractor's Compensation and Exhibit E
Pro -Forma.
Payment(s) will be made upon receipt of a proper invoice(s) and upon approval by the
County's Contract Administrative Agent/Project Manager, and in compliance with
Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment
Act".
3.1 Price Methodology (as selected below):
Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are
transferred from the County to the Contractor; and, as a business practice there are no r_
hourly or material invoices presented, rather, the Contractor must perform to the
satisfaction of the County's project manager before payment for the fixed price contract N
is authorized. o
co
Time and Materials: The County agrees to pay the Contractor for the amount of labor co
time spent by the Contractor's employees and subcontractors to perform the work N
(number of hours times hourly rate), and for materials and equipment used in the project
(cost of materials plus the Contractor's markup). This methodology is generally used in E
projects in which it is not possible to accurately estimate the size of the project, or when L
it is expected that the project requirements would most likely change. As a general a
business practice, these contracts include back-up documentation of costs; invoices >
would include number of hours worked and billing rate by position (and not company (or
subcontractor) timekeeping or payroll records), material or equipment invoices, and o
other reimbursable documentation for the project. a
Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs,
including labor, materials, equipment, overhead, etc.) for a repetitive product or service
delivered (i.e., installation price per ton, delivery price per package or carton, etc.). The
invoice must identify the unit price and the number of units received (no Contractor
inventory or cost verification).
3.2 Payments will be made for 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 the Agreement. Any untimely submission of invoices beyond the
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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.
3.4 Travel and Reimbursable Expenses. Travel and Reimbursable Expenses
must be approved in advance in writing by the County. Travel expenses shall be
reimbursed as per Section 112.061 Fla. Stats.
Reimbursements shall be at the following rates:
Mileage
$0.44.5 per mile
Breakfast
$6.00
Lunch
$11.00
Dinner
$19.00
Airfare
Actual ticket cost limited to tourist or coach
class fare
Rental car
Actual rental cost limited to compact or
standard -size vehicles
Lodging
Actual cost of lodging at single occupancy
rate with a cap of no more than $150.00 per
night
Parking
I Actual cost of parking
Taxi or Airport Limousine
I Actual cost of either taxi or airport limousine
Reimbursable items other than travel expenses shall be limited to the following:
telephone long-distance charges, fax charges, photocopying charges, and postage.
Reimbursable items will be paid only after Contractor has provided all receipts.
Contractor shall be responsible for all other costs and expenses associated with activities
and solicitations undertaken pursuant to this Agreement.
4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work. Collier County, Florida as a political subdivision of the State
of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter
212, Florida Statutes, Certificate of Exemption # 85-8015966531 C.
5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if
mailed or emailed to the Contractor at the following:
Company/Contractor Name: Vieste Sports Management, LLC
Address: Attn: Michael Comparato, Manager
27299 Riverview Center, Suite 105
Bonita Springs, FL 34134Authorized Agent: Steven Goris, Partner
E-Mail(s): mcomparato@viestellc.com.
scoris(cD_viestellc.com
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All Notices from the Contractor to the County shall be deemed duly served if mailed or
emailed to the County to:
Board of County Commissioners for Collier County, Florida
Division Director: Sean Callahan, Deputy County Manager
Division Name: Office of the County Manager
Address: 3299 Tamiami Trail E., Suite 202
Naples, FL 34112
Administrative Agent/PM: Marissa Fahey, Senior Operations Analyst
Telephone: 239-252-4380
E-Mail(s): Marissa.fahey(a-)-colliercountyfl.gov
The Contractor and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Contractor or to constitute the Contractor as
an agent of the County.
7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits 6
necessary for the prosecution of the Work shall be obtained by the Contractor. The
County will not be obligated to pay for any permits obtained by Subcontractors. N
0
Payment for all such permits issued by the County shall be processed internally by the co
County. All non -County permits necessary for the prosecution of the Work shall be co
procured and paid for by the Contractor. The Contractor shall also be solely responsible N
for payment of any and all taxes levied on the Contractor. In addition, the Contractor
shall comply with all rules, regulations and laws of Collier County, the State of Florida,
or the U. S. Government now in force or hereafter adopted. The Contractor agrees to
comply with all laws governing the responsibility of an employer with respect to persons a
employed by the Contractor. >
8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral, or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order, or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Contractor
or if the County or its authorized representative shall deem any conduct on the part of
the Contractor to be objectionable or improper, the County shall have the right to
suspend the Agreement of the Contractor. Should the Contractor fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Contractor further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
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9. TERMINATION. Should the Contractor be found to have failed to perform his services
in a manner satisfactory to the County as per this Agreement, the County may terminate
said Agreement for cause; further the County may terminate this Agreement for
convenience with a ninety (90) day written notice. The County shall be the sole judge of
non-performance.
9.1 In the event that the County terminates this Agreement, Contractor's recovery
against the County shall be limited to that portion of the Agreement Amount earned
through the date of termination. The Contractor shall not be entitled to any other or further
recovery against the County, including, but not limited to, any damages or any
anticipated profit on portions of the services not performed.
9.2 Upon termination or expiration of this Agreement for any reason, (i) Contractor o
shall promptly discontinue the performance of all services hereunder, (ii) the Owner shall L)
promptly pay Contractor all fees due Contractor up to the date of termination or
expiration, (iii) Contractor shall make available to the Owner all data, electronic files,
documents, procedures, reports, estimates, summaries, and other such information and
materials with respect to the Facilities as may have been accumulated by Contractor in
performing its obligations hereunder, whether completed or in process, and (iv) without N
any further action on part of Contractor or Owner, the Owner shall, or shall cause the
successor Complex manager to, assume all obligations arising after the date of such
termination or expiration, under any Service Contracts, Revenue Generating Contracts, i_
r
booking commitments and any other Complex agreements entered into by Contractor in N
furtherance of its duties hereunder. Any obligations of the parties that are specifically o
intended to survive expiration or termination of this Agreement shall survive expiration oo
or termination hereof. 00
9.3 In the event that this Agreement is terminated for convenience, employed staff
may be retained at the Complex at current salary structure for an additional one hundred
and eight (180) days following the termination period, at the County's option. There shall
be no restrictions on the Contractor for maintaining or rehiring of staff at any time after a
termination event.
10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed, or national origin.
11. INSURANCE, The Contractor shall provide insurance as follows:
A. Commercial General LilabilltY Coverage shall have minimum limits of $1,000,000
Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent Contractors;
Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
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Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and
Employee Non -Ownership.
C. Workers' Compensation_ : Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $1,000,000 for
each accident.
D. Professional Liability: Shall be maintained by the Contractor to ensure its legal
liability for claims arising out of the performance of professional services under this
Agreement. Contractor waives its right of recovery against County as to any claims
under this insurance. Such insurance shall have limits of not less than $1,000,000 each
claim and aggregate.
E. Other: Liquor Liability
Umbrella
$1,000,000 Per Occurrence
$ 5,000,000 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.
12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor
shall defend, indemnify and hold harmless Collier County, its officers and employees
from any and all liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed
breach of this Agreement by Contractor, any statutory or regulatory violations, or from
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personal injury, property damage, direct or consequential damages, or economic loss,
to the extent caused by the negligence, recklessness, or intentionally wrongful conduct
of the Contractor or anyone employed or utilized by the Contractor in the performance
of this Agreement. This indemnification obligation shall not be construed to negate,
abridge, or reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County,
12.1 The duty to defend under this Article 12 is independent and separate from the duty
to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Contractor, County, and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being provided
to Contractor. Contractor's obligation to indemnify and defend under this Article 12 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.
13. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of N
the County by the Corporate Business Operations Division.
14. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and
r
shall acquire no interest, either direct or indirect, which would conflict in any manner with Cn
the performance of services required hereunder. Contractor further represents that no 0
persons having any such interest shall be employed to perform those services, except oo
as otherwise allowed for herein.00
15. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the
following component parts, all of which are as fully a part of the Agreement as if herein
set out verbatim: Invitation to Negotiation #21-7898, including attachments and
Addenda, Contractor's Proposal, Insurance Certificate(s), Exhibit A — Scope of Services;
Exhibit A-1, Landscape Scope of Services; Exhibit A-2 Janitorial Scope of Services;
Exhibit B Performance Criteria; Exhibit C. Additional Terms and Conditions; Exhibit D
Contractor's Compensation; Exhibit E Pro -Forma; and Exhibit F Key Personnel and
Hourly Rates, attached to this Agreement.
16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service, or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County
Administrative Procedure 5311. Violation of this provision may result in one or more of
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the following consequences: a. Prohibition by the individual, firm, and/or any employee
of the firm from contact with County staff for a specified period of time; b. Prohibition by
the individual and/or firm from doing business with the County for a specified period of
time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate
termination of any Agreement held by the individual and/or firm for cause.
18. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the
Contractor is formally acknowledging without exception or stipulation that it agrees to
comply, at its own expense, with all federal, state and local laws, codes, statutes,
ordinances, rules, regulations and requirements applicable to this Agreement, including
but not limited to those dealing with the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended; taxation, workers' compensation, equal employment and safety including, but
not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida
Public Records Law Chapter 119, including specifically those contractual requirements
at F.S. § 119.0701(2)(a)-(b) as stated as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
Iq
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE N
CUSTODIAN OF PUBLIC RECORDS AT:
Division of Communications, Government and Public Affairs r
3299 Tamiami Trail East, Suite 102 C
Naples, FL 34112-5746
Telephone: (239) 252-8999 oo
Email: Publ!cRecordReguest(&-colliercountvfl.qov
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
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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.
If Contractor observes that the Contract Documents are at variance therewith, it shall
promptly notify the County in writing. Failure by the Contractor to comply with the laws
referenced herein shall constitute a breach of this Agreement and the County shall have
the discretion to unilaterally terminate this Agreement immediately.
19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful Contractor extending the pricing, terms and
conditions of this solicitation or resultant Agreement to other governmental entities at the
discretion of the successful Contractor.
20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
21. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to
this Agreement in compliance with the Procurement Ordinance, as amended, and r_
Procurement Procedures.
N
22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by o
this Agreement to resolve disputes between the parties, the parties shall make a good co
faith effort to resolve any such disputes by negotiation. The negotiation shall be attended co
by representatives of Contractor with full decision -making authority and by County's staff N
person who would make the presentation of any settlement reached during negotiations
to County for approval. Failing resolution, and prior to the commencement of depositions E
in any litigation between the parties arising out of this Agreement, the parties shall L
attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court a
Mediator certified by the State of Florida. The mediation shall be attended by >
representatives of Contractor with full decision -making authority and by County's staff
person who would make the presentation of any settlement reached at mediation to 0
County's board for approval. Should either party fail to submit to mediation as required a.
hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat. '>
23. 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.
24. KEY PERSONNEL. The Contractor's personnel and management to be utilized for this
project shall be knowledgeable in their areas of expertise. The County reserves the right
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to perform investigations as may be deemed necessary to ensure that competent
persons will be utilized in the performance of the Agreement. The Contractor shall assign
as many people as necessary to complete the services on a timely basis, and each
person assigned shall be available for an amount of time adequate to meet the required
service dates. The Contractor shall not change Key Personnel unless the following
conditions are met: (1) Proposed replacements have substantially the same or better
qualifications and/or experience. (2) that the County is notified in writing as far in advance
as possible. The Contractor shall make commercially reasonable efforts to notify Collier
County within seven (7) days of the change. The County retains final approval of
proposed replacement personnel.
25. ORDER OF PRECEDENCE, In the event of any conflict between or among the terms
of any of the Contract Documents, the terms of the Agreement and the Additional Terms
and Conditions shall take precedence over the terms of all other Contract Documents.
To the extent any conflict in the terms of the Contract Documents, including the Owner's
Board approved Executive Summary, cannot be resolved by application of the terms of
the Agreement and Additional Terms and Conditions, the conflict shall be resolved by
imposing the more strict or costly obligation under the Contract Documents upon the
Contractor at Owner's discretion.
26. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without ZZ
the prior consent in writing of the County. Any attempt to assign or otherwise transfer r_
this Agreement, or any part herein, without the County's consent, shall be void. If LL
Contractor does, with approval, assign this Agreement or any part thereof, it shall require N
that its assignee be bound to it and to assume toward Contractor all of the obligations o
and responsibilities that Contractor has assumed toward the County. 00
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27. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as
amended. Background checks are valid for five (5) years and the Contractor shall be
responsible for all associated costs. If required, Contractor shall be responsible for the
costs of providing background checks by the Collier County Facilities Management
Division for all employees that shall provide services to the County under this Agreement. a
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 0
maintain records on each employee and make them available to the County for at least a
four (4) years. All of Contractor's employees and subcontractors must wear Collier N
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. r
The Contractor shall immediately notify the Collier County Facilities Management
Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to
Collier County separates from their employment. This notification is critical to ensure the
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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.
2& TAX MATTERS. The County and the Contractor acknowledge that a portion of the costs
of the Complex were financed with proceeds of certain tax-exempt indebtedness
(collectively, the "Bonds") and the County and the Contractor intend for this Agreement
to comply in all respects with Revenue Procedure 2017-13, as amended.
Accordingly, and notwithstanding any provision of this Agreement to the contrary. The
County and the Contractor agree as follows:
a. The County shall continue to exercise a significant degree of control over the
Complex including, but not limited to, approving the annual budget of the Complex
approving any capital expenditures with respect to the Complex, approving any
disposition of assets of the Complex, approving the rates and charges for use of the
Complex and approving the general nature and type of use of the Complex.
b. The County shall continue to the bear the risk of loss upon damage or v,
destruction of the Complex: provided, however, this shall not in any way reduce or
eliminate or adversely impact the County's ability to seek and be entitled to 0
reimbursement or damages or costs from the Contractor or any other party whose N
actions or inactions may have caused such loss. 6
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C. The Contractor shall not take any tax position that is inconsistent with the N
Contractor's role as a manager or service provider of the Complex. Without limiting the
generality of the foregoing sentence. The Contractor will not claim any depreciation or
amortization deduction, investment tax credit or any deduction for any payment as rent M
with respect to the Complex. r`
d. In the event the tax-exempt status of the Bonds is challenged by any federal
agency or any nationally recognized bond counsel expresses the view that the tax-
exempt status of the Bonds is in jeopardy as a result of this Agreement or the operation
of the Complex. the County and the Contractor will, to the extent necessary or desirable.
renegotiate the terms of this Agreement in good faith to ensure that the tax-exempt status
of the Bonds is not adversely affected.
29. BUSINESS INCOME USE, APPROPRIATION, AND CALCULATION. The Complex is
expected to generate programmatic/operating revenue (the "revenue") driven by all
aspects of the Complex. This revenue includes, but is not limited to, service fees, rental
fees, usage fees, sponsorships, sales commissions, food and beverage sales,
merchandise sales, and other miscellaneous revenues driven by the operations of the
complex that are outlined in Exhibit E Pro -Forma.
The Complex will also generate programmatic/operating costs (the "costs") that are
defined as costs driven by generating the revenues associated with all aspects described
above and outlined in Exhibit E Pro -Forma. These costs include, but are not limited to,
Cost of Goods Sold (COGS) related to tournament programming, merchandise, food &
beverage, event operations, and sponsorships.
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The gross revenue less the COGS will comprise the business income ("Business
Income"). Business Income will be managed, collected, recorded, reported, and retained
by the Contractor, and will remain distinct and separate from any other projects or
operations of the Contractor. Business Income is considered unrestricted funds and will
be used for program cash flow or allowable program costs as detailed in the budget.
On a quarterly basis the Contractor will calculate the Business Income from the Complex
(less the Capital Reserve Contribution set forth in Section 32 below) and will distribute
this Business Income to the County pursuant to the allocations set forth in Exhibit E Pro -
Forma. The County will first use its share of the Business Income to offset the Approved
Fixed Costs for the Complex payable by the County to the Contractor pursuant to
Numbered Paragraph 30 hereof.
30. FACILITIES FIXED COSTS SCHEDULE. The Complex is expected to generate fixed C3
costs associated with the baseline operation of the Complex. These costs include, but L
are not limited to, landscape maintenance and janitorial, full time employee salaries, $
corporate services, and other general administrative expenses (the "Fixed Costs"). The (n
Budgeted Fixed Costs are outlined in Exhibit E Pro -Forma, ("Fixed Costs") and shall not
increase without the Contractor providing justification therefore and obtaining approval of N
the Board of County Commissioners in advance. The Fixed Costs shall be reimbursed by
the County to the Contractor monthly upon the provision of a valid invoice and submittal
of monthly deliverables report. Payments of invoices shall be processed and paid in
accordance with the timeframes established in the Local Government Prompt Payment
Act and the terms of this Agreement. Notwithstanding the foregoing, the Contractor will o
first offset any Fixed Costs payable by the County against the County's share of the co
Business Income that is available to the County on a quarterly basis pursuant to Section co
29 hereof.
31. BUDGET REVIEW AND MODIFICATION. Budgeted Fixed Costs will be subject to an
annual review and based upon actual costs of the previous year and the business plan
proposed by Contractor. Modifications of any of the budget categories defined in Exhibit
E Pro -Forma may only be made if approved in advance by the County Manager, or his
designee, and if such modifications exceed Fifty Thousand Dollars ($50,000) then it will
require an Amendment to this Agreement approved by the Board of County
Commissioners.
32. CAPITAL RESERVE. Prior to the quarterly calculation and distribution of the Business
Income Appropriation pursuant to Section 29 hereof, the Contractor shall calculate and
set aside 5% of the Business Income as capital reserves for the Complex (the "Capital
Reserve Contribution"). Contractor shall remit to the County the Capital Reserve
Contribution to be held in trust in a separate capital reserve account for the Complex
maintained by the County and the funds in such account shall be used exclusively for
capital improvements, repairs or replacements at the Complex. The budget, schedule,
and plan for capital improvements, repairs and replacement for the Complex will be
administered by the County, with the input of the Contractor.
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33. ASSUMPTION CLAUSE. In the event of the termination of this Agreement. The County
will make best efforts to accommodate any existing events that have an active reservation
at the Complex or another County facility.
34. GENERAL OPERATING PROCEDURES. The Contractor shall operate and maintain the
complex to the minimum standards outlined in the Complex Operating Manual, which
shall be provided to the County within 30 days of the effective date of the Agreement, and
be subject to the County's approval. The document to be developed by Contractor shall
contain terms regarding the management and operation of the Facility including detailed
policies and procedures to be implemented in operating the Facility, as agreed upon by
both the Owner and the Contractor. The Operating Manual includes, but is not limited to:
general hours of operation, food and beverage standards, standard operating procedures
for complex and recreational staff, minimum maintenance standards and guidelines,
general quality assurance and quality control procedures, guidelines for merchandise and
food and beverage sales, standard workflows for programming and reservations and work
methods and purchasing of goods and equipment for the Complex.
The County Manager, or his designee, may, at his discretion and with the consent of the
Contractor, amend the minimum standards and procedures in the Complex Operating N
Manual based on programming demand.
35. PROJECT PUBLICITY. Any news release pertaining to the services performed by the
Contractor pursuant to this Agreement must recognize the contribution of the County as
a funding source and should be coordinated with the County's Communications and o
Customer Relations Division prior to publication. The Contractor shall recognize the 00
County for its contribution in all promotional materials and at any event or workshop for co
which County funds are allocated. N
36. SUBCONTRACTORS. The Contractor shall be responsible for all work and all expenses
required to perform the services set forth in this Agreement, subject to reimbursement
from the County pursuant to this Agreement.
a. The Contractor may, as appropriate and in compliance with applicable laws.
subcontract the delivery of the services for the Complex; provided, however, that the
Contractor will be solely liable to the subcontractor for all expenses and liabilities incurred
during such subcontract subject to appropriate reimbursement of Contractor pursuant to
this Agreement.
b. Any and all subcontracts executed for the Complex shall include provisions whereby
the Contractor and the subcontractor agree to abide by all local, State, and federal laws
and indemnify and hold harmless the County consistent with the same provisions required
of the Contractor in the Agreement.
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37. DATA & RECORDS MANAGEMENT. The Contractor shall keep and maintain records
required to operate and perform services to the Complex. Upon request from the County,
the Contractor shall make those records available for inspection.
Upon expiration or termination of this Agreement, the Contractor will transfer, at no cost
to the County, all records with respect to the operation of the Complex by Contractor that
are in possession of the Contractor or keep and preserve public records with respect to
the operation of the Complex by Contractor during the term of this Agreement that are
required by the County to perform the service. If the Contractor transfers all public records
to the County upon expiration or termination of this Agreement, the Contractor shall
destroy any duplicate public records that are confidential and exempt from public records
disclosure requirements. If the Contractor keeps and preserves public records upon
expiration or termination of this Agreement, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be
provided to the County upon request from the County's custodian of public records in a
format compatible with the information technology systems of the County.
38. OPERATIONS. The Contractor shall use point -of -sale (POS) electronic cash machines
or other similar electronic accounting control equipment for the proper control of all
payments. All sales transaction must be accompanied by a receipt to the customer. Daily N
Register receipts must be maintained and made available upon demand during the term
of this Agreement. All electronic cash equipment must be reviewed and approved by the
County prior to use.
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All financial records with respect to the Complex are to be retained during the entire term o
of this Agreement and for a period of five (5) years following the termination of this co
Agreement. The financial records described in the previous sentence consist of records co
documenting specific receipts/revenues collected by Contractor through cash, checks, N
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 E
receipt books, cash register tapes, deposit/transfer slips, EFT notices, credit and debit L
card records, receipt ledgers, receipt journal transactions and vouchers, refund records, a
bad check records, and other accounts receivable and related documentation. L
The Contractor may sell any concessions desired as long as such items are permitted
under Florida state law and the Contractor has obtained the proper licensing/tax permits
for such sales. Any and all tobacco products are not permitted.
39. FINANCIAL REVIEW RECORDS AUDIT. The Contractor shall provide, at its expense,
an annual independent review of the Contractor's financial records. The purpose of this
review is to substantiate that the County has been compensated in accordance with this
Agreement.
During the term of this Agreement. the Contractor shall establish and maintain such
records as now exist and may hereafter be prescribed by the County in the future to
provide evidence that all terms of this Agreement have been and are being observed. The
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Contractor grants to the County the right and authority to audit all records. Documents,
and books pertaining to the Complex operation. Such audit will be conducted at a
frequency determined by the County and communicated to the Contractor. The
Contractor agrees to provide materials for the audit at the place designated by the County
within three (3) business days after the County's notice to do so is received by Contractor
all at no cost to the County. The agreement to provide materials for audit extends to the
Office of the Clerk of the Circuit Court, as "ex-officio clerk of the Board of County
Commissioners, auditor, recorder, and custodian of all county funds."
(Intentionally left blank -signature page to follow)
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IN WITNESS WHEREOF, the Parties hereto, by an authorized person or agent, have
executed this Agreement on the date and year first written above.
ATTEST:
Crystal K. Kinzel, Clerk of the Circuit
Court and Comptroller
Dated:
(SEAL)
Approved as to Form and Legality:
Scott R. Teach, Deputy County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
in
Penny Taylor, Chair
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Contractor's Witnesses:
Contractor's First Witness
TTypelprint witness nameT
Contractor's Second Witness
TTypelprint witness nameT
Contractor
Vieste Sports Management, LLC
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Signature
TTypelprint signature and titleT
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Exhibit A
Scope of Services
1.1 The Contractor shall be responsible for studying area demographics and
associated metrics to provide input to the Complex's "mix" of facilities and types of
events supported. Due to the tremendous investment, the County will heavily
scrutinize business and marketing plans and models to ensure they are reasonable,
realistic, and sustainable.
1.2 The Contractor shall conduct a project feasibility study in an effort to determine
early issues (i.e., traffic, parking, location, permitting issues, etc.), identify any
features that could adversely affect the successful operation of the complex, and
communicate it to Owner.
1.3 The Contractor shall review and evaluate land/project site options, design and
assist the County in determining features and amenities on the complex to ensure
positive revenue growth.
1.4 The Contractor shall develop an annual analysis of the complex's economic impact ZZ
on the local economy, the regional economy, and otherwise, through added jobs, r-
taxes, tourism, etc.
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Consulting and Assistance During Design and Construction of the Complex o
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1.5 The Contractor shall assist the County delivery team (staff, consultants, engineers, co
architects, and senior management) in developing the final project concept and N
assist in its implementation. The Contractor shall coordinate efforts and ensure that
it promotes and adheres to the final approved concept and scope of work.
Management, Operation, Advertising and Marketing of the Complex
1.6 The County views its relationship with the Contractor as critical to the credibility,
viability, and financial success of the Complex.
1.7 The Contractor shall run, market, solicit, advertise, and conduct public relations
activities for leagues, sporting events, concerts, tournaments, and other gatherings,
including special events of substantial size and scope to maximize use of the
complex at NO extra cost to the County.
1.8 Complex is owned and maintained by the County. This will include capital
investment and improvements.
1.9 The Contractor shall supply landscape maintenance and janitorial services as an
aspect of facilities maintenance; See Exhibit Al and A2
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1.10 Contractor shall create an annual marketing plan for the Complex.
1.11 Contractor shall follow County travel polices.
1.12 Contractor will conduct backend accounting, sales, operations, and marketing
support services.
1.13 Additional hires, beyond that provided for in the Contractor's Pro Forma/Proposal,
shall require County approval. Hiring will include everything necessary to run the
Complex.
1.14 Contractor will collaborate and coordinate with the County's Parks and Recreation
Department and Convention and Visitors Bureau to reduce duplication of efforts.
1.15 Contractor shall manage and run unforeseen additions or changes to the Complex
— as there may be future amenities not in the original plan and it will be expected to
manage, operate, and provide oversight. Additions may include, but are not limited
to: obstacle course, beach volleyball course, hockey rink, or quiet space.
1.16 Contractor shall manage a hotel booking service for complex events that is capable
of securing room blocks with local hotels, which includes an online booking solution,
and is capable of pre and post event reporting on room nights and revenues.
Contractor shall provide quarterly reports on the anticipated expected revenue to
be derived from this platform. The County reserves the right to place cost controls
on room booking models.
1.17 Contractor shall run, advertise, and market The Factory, a separate aspect of the
whole complex, that includes:
National Fitness Court Programming — Free to the public
Open Air Classroom
Membership based: Open Air/Functional Fitness
o Fully functioning fitness -based membership space with full group class
offerings
o May sub -contract work as need, with County approval, branding must remain
intact.
49 The Lake trail with workout stations
1.18 Contractor shall run, advertise, and market The Cove — food truck bar and pavilion,
a separate aspect of the whole complex, that includes:
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Vendor management
Health department upkeep
Food truck management and operations
Permit/License Management
• Coordination with tournament/event schedule, along with normal operating
hours best fit
Concessions for other locations — outside of events.
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Exhibit A-1 Landscaping Scope of Services
Full -Service landscaping shall include the following items:
General Services
The work includes but is not limited to: mowing/edging, weed control, general site trimming/pruning,
turf fertilization, pest control, shrub care, shrub/palm fertilization, irrigation maintenance, aeration/top
dress of specified areas, sod replacement and installation, tree removal, mulching, special projects,
and additional services as requested.
Service Schedule
The frequency of routine service (mowing, edging, trees/shrubs/other plant material maintenance,
weeding, pest control and other associated landscape maintenance services outlined under the scope)
will be as follows, but is subject to change as needed:
• May -- October (6 months) = Once a week
• November— April (6 months) = Once every other week.
The Contractor shall develop a consistent schedule in which services will be completed in a maximum o
two-day timeframe between Monday and Thursday (no services will be performed on Friday— Sunday) N
unless specific variances are approved in advance by the Project Manager or designee. Monday and 6
Tuesday to be preferred maintenance days. S
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Full annual schedules of proposed days for service shall be submitted to the County at the beginning o
of the contract and updated if there are any changes throughout the term(s) of the contract. o
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Mowing co
Prior to mowing, the Contractor shall be responsible for the removal and disposing of all trash and
debris including, but not limited to, palm fronds, horticultural and non -horticultural debris, leaves, rocks,
paper, tree branches and limbs, shrubbery, and other miscellaneous objects on the ground in the
service area to include the right-of-way. The number of mowing services may be modified by the E
County depending upon seasonal conditions. L
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Mowing and edging shall include park medians and areas along the outside edge of the sidewalks of
adjacent properties. The Contractor shall ensure all trash and debris is disposed of the same day and
areas with pavement and curbing shall be clear of all grass clippings from mowing.
Swale areas shall be mowed throughout the entire year. If mowing is not possible and the swales are
full of water, the swales must be addressed at every service to reduce the height of the weeds to 12"
above the water.
Side of the road, a full mowing service shall include side of the roadway mowing and edging, all swale
areas, and side of right-of-way trash removal. Maintenance of Traffic (MOT) may be requested on an
as needed basis. MOT certification may be requested. Mowing ahead signs are required when mowing
services are being performed.
It is the responsibility of the Contractor to be familiar with the type of grasses and mowing expectations
at specified location.
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Bimini Bermuda Sod
Maintain an average height of one (1) inch. Mow with a reel mower. Mowing frequency is typically
once weekly in the summer months. If areas are desired to be mowed more frequently the Project
Manager or designee shall request an increase. Scalping (hard cutting of the sod to the thatch layer)
annually is recommended. Sand application may be necessary on any low areas discovered during
the scalping of sod. Maintain a clean mowed edge. Will not use herbicide to maintain edge treatment
of sod.
Bahia Sod
Mow weekly or every other week during summer as requested by the County. Mowing may be less
frequent during dry season months. Maintain a mowed edge. Will not use herbicide to maintain edge
treatment of sod. Bahia grass shall be cut at a height of 3.5 inches.
Edging
Edging is required in all turf areas around isolated trees, valve boxes, shrubs, signposts, utility holes,
etc. where they exist. All debris on streets, sidewalks, or other areas, resulting from edging, shall be
removed. No herbicide will be used for edging.
Mechanical edging of the turf shall be done with each mowing along all sidewalk edges, back of
concrete curbs, around all plant beds, utility service boxes, streetlight bases, signposts, headwalls,
guardrails, timer pedestals, posts, and trees.
Trash Removal c
Before mowing turf areas, the Contractor shall remove all debris trash from the service site. Park trash LL
removal for each service for all site areas shall be cleaned by removing all trash or debris which shall N
include, but not limited to the following: paper, bottles, cans, other trash, and horticultural debris. o
Disposing of trash and debris must be at a proper landfill or disposal site at no additional cost to Collier
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Street Cleaning
Sidewalks, curbing, and gutters to include the four (4') foot area from the face of the gutters and curbs,
turn lanes, medians, and sidewalk areas shall be cleaned the same day as the mowing service to
remove any accumulation of debris or objectionable growth to maintain a neat and safe condition.
Sidewalks shall be blown clean. Grass clippings or other debris shall not be blown on other adjacent
property or accumulate on right of way areas, paved areas, traffic, or roadways. Blowing shall be
directed toward the existing landscape median or grass.
Weeding
Weeding of plant beds, rock areas, sidewalks (asphalt, concrete paver), guardrail bases, curb joints
and other mulched areas by chemical and/or hand removal and must be performed weekly or as
necessary to provide a weed -free and well -maintained area. The Contractor shall remove all weeds
by hand with or without using a chemical treatment. If chemicals are used, they shall be Roundup or
equivalent around plants, etc., but to be used in such a manner as to not damage existing plant
material. The Contractor will remove all weeds from sodded/grass areas using appropriate method.
The Contractor will use chemical treatment along synthetic turf grass edges.
b A Florida Pesticide Applicator Licensed is requested.
Perennial Peanut
Maintain weed free. Hand pull weeds. Edge runners along bed edges with metal edger. Will not apply
herbicide or maintain edges with herbicide.
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General Site Trimming/Pruning
General site pruning shall be defined as the pruning of any plant's foliage height that is ten feet (10')
and below. Shrub pruning should be done at a minimum of every 6 weeks throughout each park for all
shrub types that require pruning so that landscape gives the appearance of continuity throughout that
park project area. Groundcovers and shrubs shall be maintained at the required height as specified
by the Project Manager or designee up to a maximum height of thirty-six inches (36"), with the
exceptions of sight windows where the height shall be maintained at a maximum of eighteen to twenty-
four inches (18"- 24"). Shrubs and plant material shall not grow over the curbing and into the roadway
or parking area. Shrubs and trimming, as described above must be completed.
Will consult an arborist for canopy trimming, thinning and in the event of diseased trees.
Avoid use of a gas -powered hedge trimmer where possible. Hand clip specimen and ornamental
shrubs. The intent of the shrubs and ornamental plantings on site is to maintain a natural shape and
character. Trees shall not be pruned into balls. Hedges shall not be topped or maintained as clipped
hedges or topiary.
Canopy and Ornamental Trees `o
Shall be pruned to encourage a natural appearance desired shape. Cathedral live oaks shall be open
branching as well as clear out the center of the tree to help with air circulation and overcrowding
branches. Bridal Veil Trees to be allowed to develop into their natural vase shape. Pink Tabebuias to
be allowed to obtain their natural shape. Will not only trim around the outside circumference of the N
tree. Recommended annual trimming should be kept to about 25% of the tree canopy. Hard cutting is '-
stressful on the tree and does not help them survive storms. Will perform pruning in spring and summer
for best recovery.
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Palms
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Royal Palms shall be kept clean and free of brown fronds and or boots at all times. Sylvester Palms 1
Silver Bismarck Palms and all non- self -shedding palm varieties shall be trimmed once annually to a)
remove the bottom brown palm fronds. All seed heads shall be removed prior to ripening to prevent
falling fruit and staining of surfaces below.
Flowering trees and shrubs
Shall be trimmed after they have flowered. Hard trimming shall occur in the summer months. Trim
seasonal grasses spartina 1 muhly 1 fakahatchee once annually to 6" from the ground in the beginning
of rainy season.
Pest Controlllntegrated Pest Management (IPM)
Inspect and treat plant material, applying pesticide when pests reach damaging thresholds to include
the lake banks.
All pesticides and herbicides to be applied by a licensed professional and shall follow the application
methods and rates as listed on each individual manufacturer product specification sheet, Apply during
cooler hours of the day as mid -day heat can contribute to burning or damage of plants.
Best Practices to Avoid Disease and Fungus
Florida weather provides year-round opportunities for fungus. The Contractor will prevent this by:
• Keeping mulch away from the base of plants and trunks.
• Trimming overgrown plants to allow for air to circulate.
• Monitoring for aphids/ mealy bug/ thrip on shrubs, specimen plantings and ornamental grasses.
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Monitoring for webworm or nocturnal caterpillars on bougainvillea — will treat with Orthene or
similar product with caution label.
Water landscape bents in the morning hours to allow plants to dry throughout the day.
Bimini Bermuda Sod Pest Control Recommendation
Dollar spot is possible but is mostly a problem in Bermuda that has low fertility levels. Sod webworms
and army worms are a threat, mostly in warm rainy months and is easily killed but harder to eliminate
or prevent. Grass appears thin and "mowed down" when it has not been mowed, due to worm damage.
Bermuda grass mites can occur some years in the dry winter months. Watch
for mole crickets and grubs in April and May.
Fire ant mounds shall be treated four (4) times per year and will include turf, walkways, and parking
medians. Any spot treatments will be done on an as needed basis.
General Fertilizer Recommendations
The Contractor shall follow all State of Florida and Collier County Fertilizer Ordinances at the
following links:
http://www.leg.state.fl.us/statuteslindex.cfm?App mod_ e=D_ is laay_ Statute&URL=0500-
0599/0576/0576.html
https:l/www.colliercountyfl.gov/your-government/divisions-s-zlzoning-division/watershed-
mans ement- laps/coIIler-count-florida-friend) -fertilizer-ordinance
All fertilizers to be applied at rates as listed by manufacturer. Will keep fertilizers off impervious c
surfaces.
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Fertilize blooming plant materials three (3) times a year at approximately four -month intervals. Shrubs c
and groundcovers. a minimum 75% slow release, 8-2-12 or 13-3-12 or similar product is
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recommended. 00
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Fertilizers should have organic nitrogen content of 50% and contain added sulfur and iron. Palms will
benefit from additional application of magnesium sulfate, manganese sulfate, and sulfate potash
magnesia on an annual basis. Will not apply fertilizer close to the trunk; apply at palm drip line where
possible. Hibiscus require additional iron. Annual application of chelated iron is recommended. Bird of
Paradise and bougainvillea require high concentration of organic fertilizer such as turkey litter or
compost.
Turf Fertilization
Monthly fertilization program will follow University of Florida iFAS recommendations based on the turf
at specified location. See link below:
httos://edis.ifas,ufl.edu/IhGl4#:-:text=A%2Orecent%20revision%2Oof%20the,be%20made%20durinq
%20the%20fall.
Bimini Bermuda Sod Fertilization Recommendation
15-0-15 or 12-0-12, 50% slow release with minors is a common golf course ratio. Four pounds of
Nitrogen (N) per 1000 SF annually, (preferably 4 times per year). During the Collier County summer
fertilizer lock out period foliar iron treatment is helpful. The Contractor will follow the Collier County
Fertilizer Ordinance. Summer rainy season is an important time to build strong turf when it is growing
the most. Spot fertilization can be very helpful in high traffic wear spots.
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Shrub Fertilization
Annual Fertilizer applications based on IFAS recommendations.
Palm Fertilization
Annual Fertilizer applications per year based on IFAS recommendations and general
recommendations as outlined above. Landscaped areas within 34 feet or large established palms shall
be fertilized with an 8-2-12-4 Mg with tungsten (W), potassium (K) and magnesium (Mg) being in slow -
release form. The fertilizer shall also contain 1-2 percent iron (Fe) and manganese (Mn) plus trace
amounts of zinc (Zn), copper (Cu) and boron (B). Any product to be used near palms in landscaped
areas shall be approved by the Contract Manager before use.
Shrub IPM
Inspect and treat plant material, applying pesticide when pests reach damaging thresholds.
Irrigation Maintenance
The Contractor shall inspect the irrigation system bi-weekly, per industry standard. The Contractor
shall report any broken sprinkler system parts or damage to County property found immediately to the
Project Manager or designee for repair. The Contractor is responsible for broken systems or parts and
is required to repair the damage at no charge to the County.
The Contractor shall inspect and test rain shut-off devices and other components and zones in the N
irrigation system monthly and shall reset zone times accordingly. Minor adjustments and repairs such 76
as head/emitter cleaning or replacement, filter cleaning, re -aiming of heads to keep water out of the c
street, small leaks, and minor timer adjustments shall be made. The Contractor, shall in perpetuity, E
allow for the application of/z inch — % inch of water per irrigation cycle. During regular service times, N
the Contractor will note and report to the County any symptoms of inadequate or excessive irrigation, o
drainage problems, etc.
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Bimini Bermuda Sod Irrigation Recommendations
Typically, three (3) times per week. Watch for hot spots in dry periods and adjust zone timing, or N
possibly add a larger flow head if just one (1) area shows hot spots. This will be adjusted seasonally
depending on the weather pattern. E
Repairs or system service beyond the above scope will be charged to the County on a time and
material basis for actual repairs only, not for the full monthly check if repairs are made at that time.
The Contractor will notify the County of the nature of the problem before repairs are made.
Aeration/Top Dress
Aeration and top dressing of areas shall be done once per year. Depending on traffic and use, high
traffic areas may require this more than 1 x per year.
Aeration and top dress of Bermuda Grass
Aeration and top dress with 518th tines at 2 — 2.5 inch spacing at least once a year for the first two
years. As the turf ages more organic material or thatch accumulates in the soil profile. The older the
grass, the more you should try and aerate to eliminate compaction and organics from the soil. It would
be ideal to pull plugs from aerating followed with a heavy topdressing. This should also be followed
with some sort of drag mat to push the sand into the aerated holes.
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Mulching
Plant Beds, jogging paths, parking lot heads, and all other mulched areas shall be mulched twice per
year (once in October and once in April/May). The mulch product shall be "Pro-Euc" and shall be
prepped prior to mulching so mulch allows percolation. Mulch will not be placed against trunks of
palms, trees, and plants. Mulch shall be kept six (6) inches away from the trunk of the tree or palm.
After application, mulch needs to be removed from impervious areas. The mulch shall be placed to
provide a three-inch (3" +) non -compacted or unsettled depth measured from the existing soil grade.
Touch ups may be required if there is a heavy rain.
Specialty plant beds in high traffic areas may utilize a mocha brown rubber vigoro mulch for aesthetics
Native yard areas do not require annual mulching.
Mulching around the lake perimeter, in landscape beds, are also be included in the proposal. Proposal
will be provided if areas keep washing out and we need to replace with stone or other materials.
General Maintenance Recommendations o
Royal Palms cn
Royal Palms shall be kept clean and free of brown fronds and or boots at all times. Support stakes on
royal palms planted with bougainvillea shall be removed in December, following hurricane season to
allow bougainvillea to grow around the trunks. Refer to bougainvillea section below. Fertilize as part N
of regular fertilizer program.
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Bromeliads
Blooming occurs in different stages, seasons and naturally the parent plant will slowly die after N
blooming. As the parent plant slowly dies, offsets/pups will also grow to start over. Remove dead o
parent plans every few months. Separate and plant new pups in areas where parent plans have
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expended to infill beds to maintain full appearance. M
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The Neoregelia and Aechmea species were selected due to their full sun light tolerance. However,
extremely dry conditions can stress and cause blanching, sunburn spots or holes on leaves. Run
irrigation during dry conditions more frequently to keep roots moist and to prevent stress. Hand clip
stressed leaves during regular maintenance activities.
Fertilize with dilute, soluble fertilizer at about 1/8 to the strength on the label with a 20-10-20 (Peat
Lite Special) or 20-10-30 as per species requirements. Do not over fertilize in the winter months. Will
not allow bromeliads to become completely dried out.
Dombeya
Hard trim up to two times per year due to fast growing rate. Will hard trim at beginning of rainy season
to reduce weight and mass on plants during wind and rain events. Trim to 4' from ground. Maintain 6-
8' width and diameter when in full bloom.
Bougainvilla
Train to height of 8'-10' feet on Royal Palm Trunks (tallest possible to be maintained without use of
ladders) to create columns of color, foliage to ground. Support with ties around trunk (rope or dark
green tie tape). Check ties annually to ensure no girdling of trunk as palms mature. Power -sheer
bougainvillea during the summer. Cut no more than 1' off the trunk and trimmed at 6' to top.
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Stop sheering from November until June or beginning of summer rainy season. Cut stems/shoots that
extend 18" from trunk. Keep trimmed away from walkways. Once stakes are off the royal palms, train
some of the bottom vines to the sides (east and west) for full column effect.
Bulbine
Deadhead spent flower stalks as needed. Will not over -water.
Perennial Peanut
Maintain weed free. Hand pull weeds. Edge runners along bed edges with metal edger. Will not apply
herbicide or maintain edges with herbicide. Mow once a year to height of 3" during rainy season.
Burle Marx Philodendron
Philodendron runners may need to be pruned back from overtaking specimen bromeliads or from
growing over landscape lighting from time to time. Will clip with hand pruners.
Stakes
Will remove all large tree and palm stakes and support ties within one year of installation. Remove
stakes on ornamental or specimens six months after installation or following hurricane season. If any
shifting or settling of root ball or trunk occurs inspect tree or shrub for health and quality. Remove and
replace any trees/shrubs that have root rot or defects.
Irrigation Pump System Preventative Maintenance v
Work shall be performed four (4) times per year and will include the following_ N
1. General pump station cleaning — Exterior/interior = Pressure wash/Vacuum
2. Inspect hydraulic connections and check for proper torque c
3. Lubricate centrifugal pump bearings and inspect pump shaft seal for wear 1 leaks
4. Inspect fan, heater and pressure transducerlgauges and clean air filters a
5. Inspect 1 torque electrical connections on pump controls o
6. Test -run pump system to ensure proper operations from min. to max. flows
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7. Confirm Variable Frequency Drive (VFD) parameters and tune as required
8. Pressure clean and inspect Auto -Flush Filter System (If equipped)
9. Inspect pump intake/discharge system, cleaning intake screen as needed N
Notes:
1. Scope of work is limited to inspection of the irrigation pump system and warranty repairs.
2. Additional repairs identified during each inspection must be authorized by a representative of the
County.
3. Each inspection will be documented with a completed check list.
4. The Contractor is not responsible for electrical surge or existing damage caused by neglect.
5. Preventive Maintenance intervals shall be adjusted based on changes in site conditions.
6. The Contractor is not responsible for water source quality (i.e., debris, pH, staining and etc.).
7. The Contractor will respond within 36 hrs.(weekdays) to service requests outside of this
agreement.
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Exhibit A-2 Janitorial Scope of Services
Pnrarlica r naet Cnnrtc ('mmnlaY _ nnitnrial
Location
Services
Days
Sq.
Feet
Event Specific; AS NEEDED; Labor!
supplies
Welcome Center Interior
3xs; MWF
6597
Event Specific: Before, during, & after
Welcome Center Exterior
Restrooms
7xs
848
Event Specific: Before, during, & after
Market Interior
3xs; MWF
553
Event Specific: Before, during, & after
Market Exterior Restrooms
7xs
798
Event Specific: Before, during, & after
Ticket Booth
3xs; MWF
143
Event Specific: Before, during, & after
Maintenance
3xs; MWF
3015
Event Specific: Before, during, & after
Satellite Restrooms
7xs
1811
Event Specific: Before, during, & after
Cove Restrooms
7xs
132
Event Specific: Before, during, & after
Stadium 1st floor locker rooms
2xs; MF
2146
Event Specific-._ Before, during, & after
Stadium 1st floor exterior
restrooms
2xs; MF
3612
Event Specific: Before, during, & after
Stadium 2"d Level Restrooms
2xs; MF
271
Event Specific: Before, during, & after
Stadium Suites & Main
Corridor
2xs; MF
3919
Event Specific: Before, during, & after
Stadium Elevator vestibules
and stairwells
2xs; MF
924
Event Specific: Before, during, & after
NIS Stadium Concessions
TBD
1102
Event Specific: Before, during, & after
Stadium Commissary
2xs; MF
348
Event Specific: Before, during, & after
Stadium First Aid/Security
2xs; MF
393
Event Specific: Before, during, & after
Stadium total
TBD
12715
Event Specific: Before, during, & after
Daily General Tasks
• Empty all personal waste baskets, to be disposed of to the site's dumpster.
• Clean and vacuum all carpeted areas
• Remove any gum, tar, or other foreign matter from floors within 25' of entrance exterior
• Sweep and damp mop all hard surface floors
• Spot clean walls. Clean light switches, doors, handles, display cases, elevators/panels,
counters shelves and laminated plastic services.
• Clean and sanitize drinking fountains
Restroom Tasks
• Clean sinks with detergent/disinfectant
• Clean counters with detergent/disinfectant
• Supply and resupply paper towels, soap, toilet tissue, seat covers, feminine hygiene products,
etc.
• Clean all stall walls, doors, exposed tile, shower walls, and walls around urinals and toilets with
detergent/disinfectant
• Clean out urinal screens on a bi-weekly basis
• Clean toilets under basins, around toilets and urinals using detergent/disinfectant
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• Damp wipe ledges
• Clean and polish mirrors, soap dispensers, washbasin, and all plumbing fixtures
• Sweep and then wet mop floors using detergent/disinfectant
• Clean all door handles inside and out
• Report any maintenance issues to the Collier County Maintenance supervisor
Entry Tasks
• Sweep and pick up inside and outside entrances within a radius of 25 ft.
• Empty and install new black or white liner bag in trash cans, if necessary.
• Clean entrance door handles, inside and outside
• Shake and sweep down exterior/interior floor mats
• Empty cigarette receptacles
• All doors, door handles, sliding and glass panels shall be cleaned with damp cloth
• Vacuum all pedigrid systems
• Clean all security blue boxes (Security call boxes that are located at most entrances to county
buildings).
Weekly General Tasks as part of the reqular daily service cn
• Dust all horizontal (excluding desktops/monitors/phones) and vertical surfaces that are readily
available and visibly require it. o
• Clean all doors, frames, kick and push plates with damp cloth N
• Clean all A/C vents reachable with extension rod ra
c
• Sweep and damp mop all stairs and landings U_
• Damp wipe ledges N
• Clean and polish mirrors, soap dispensers, wash basin and all plumbing fixtures c
• Sweep and then wet mop floors using detergenttdisinfectant
oo
• Clean all door handles, inside and out o
• Report any maintenance issues to Collier County Maintenance Supervisor
_Monthly General Tastes
• Dust all ceiling fans, top of bookcases, etc. anything reachable with an extension rod
• Wash/wipe down building lobby walls and high traffic areas, if necessary
• Wipe down all non -upholstered furniture
• Dust blinds (vertical and horizontal)
General Tasks: Quarter)y (every 3 months as part of daily service
• Strip and refinish all hard floors — including but not limited to hallways, lobbies, elevators,
restrooms, and open offices, etc. (schedule with building occupants)
• Clean all grout in tile flooring to maintain original grout color
General Tasks: Bi-yearly (Every G months) as part of daily s_e__rvice
• Vacuum office partitions (if necessary)
• Clean exterior 111 floor windows and interior windowpanes on all buildings
• Steam clean upholstered furniture as requested by County personnel within each facility.
• Truck mount or backpack hot water or steam extract all carpets and pedigrid systems in all
buildings or use dry cleaning method at client's request
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Detailed Cleaning Specifications
Detailed Specifications - The following information is a detailed explanation of the minimum expected
on each task.
Trash Removal
The Contractor shall include the cost of trash removal and the black or white plastic liners in its unit
price. The County shall provide dumpsters or compactors at each site. The Contractor shall provide
appropriate equipment for office trash removal to avoid the possibility of floor damage due to the
dragging of trash bags or containers through buildings. Any damage to carpets and floors caused by
dragging bags or containers will be repaired or replaced at the Contractor's expense. The Contractor
will immediately clean any dragging stains on carpet or concrete. No drag lines will appear while
emptying inside or outside garbage.
Recyclable Material Removal
The Contractor shall instruct its employees to ensure that all materials remain separated, as any mixing
of materials shall impair the possibility of recycling. All recycling shall be placed in outside receptacle,
loose, not in plastic bags. All recyclable materials and their revenues are the property of Collier County.
The removal of all recyclable materials shall conform to all applicable Federal, State, or Local laws.
Vacuuming Carpets
All carpeted areas shall be totally and completely vacuumed each service day( NO EXCEPTIONS)
leaving them free from visible dirt and debris, Special attention shall be paid to baseboards and N
corners. All carpeted areas shall be vacuumed using motorized vacuum with brush/ beater bars with
a hepa- filter 0.3- micron filtration system and dual motors. The County requires that the system meets
or exceeds the stated vacuum requirements. Currently, all sites have vacuums that are available for M
use until replacement is necessary, then the Contractor is responsible for replacement with appropriate a
filtration system and must provide information on vacuum model to Facilities for approval. All stains o
must be removed each night. If stain cannot be removed, the area stained shall be reported in writing
oo
to the Maintenance Supervisor within twenty- four( 24) hours.
Basic Cleaning
All washable surfaces, including but not limited to office furniture, office partitions, counters, stainless
steel, around light switches, window sills, bulletin boards, shelves, display cases, laminated plastic
surfaces, elevators and elevator panel boards, shall be cleaned using a micro- fiber cloth dampened
in an all- purpose cleaner unless otherwise specified. All stair hand railings shall be cleaned weekly.
Stairs shall be swept and wet mopped weekly.
Interior/ Exterior Glass Cleaning
All washable interior glass surfaces including but not limited to side panels, display case glass, glass
walls and doors, and security/ privacy glass shall be cleaned on service days by a cloth dampened in
a window cleaner. All 1st Floor exterior windows of each building shall be cleaned every six (6)
months, or more often if needed. The interior panes of windows shall be cleaned every six (6) months;
or more often if needed.
Entry Cleaning -
Entrance area cleaning shall be performed on service days and shall include but is not limited to:
All doors, sliding glass panels, and side windows shall be cleaned with a cloth dampened with glass
cleaner.
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Ali debris including but not limited to paper, gum, leaves, cigarette butts and cobwebs shall be removed
daily, both on the inside and outside of the entrance including all porches up to twenty- five (25) feet
in front of EACH entrance.
All door and window frames, doorknobs and push bars (inside and outside) shall be cleaned with a
cloth dampened with an all-purpose cleaner. All pedigrid entry systems shall be vacuumed on service
days. All pedigrid entry systems shall be deep extraction cleaned twice per year.
Floor Mats
All floor mats located in either the exterior or interior of the facility shall be swept on service days
Drinking Fountains
All drinking fountains are to be cleaned on service days with a germicidal cleaner. The entire drinking
fountain shall be free of streaks, stains, spots, smudges, scale and other obvious removable soil.
Sweeping/ Wet Mopping Hard Floors
All hard surface floors shall be swept, using a microfiber dust mop and then damp mopped on service
days. This includes but is not limited to elevator floors, restroom floors, office floors, and hallways. All
Community Center hard surface floors shall be swept, and damp mopped every service day. Warning
barricades (with dual language) shall be used always when any surface is damp.
A micro- fiber mop shall be used for sweeping. For damp mopping, an all- purpose cleaner or N
germicidal cleaner shall be used. 76
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Ash Receptacles
Wall -mounted ashtrays and floor -type ash receptacles within the area shall be emptied and returned N
to their locations. The wall mounted and floor -type receptacles with removable ashtrays in public areas o
shall be damp wiped with a cloth to remove evident soil. Any cigarette butts surround the receptacle
CO
within 10' will be picked up and disposed of. M
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Dusting
All horizontal surfaces less than ten feet (10') above the floor that do not require being damp wiped
shall be dusted weekly using a microfiber dust cloth. No feather dusting allowed without exception.
All picture frames, clock face glass, and any surface under eight feet (8') above the floor shall be
dusted weekly. All AC vents (supply/ return) shall be cleaned weekly, if reachable with an extension
rod. All ceiling fans and tops of bookcases (with no items) shall be cleaned monthly, if reachable with
an extension rod.
Doors
All doors, door handles (front and back), door frames, and kick and push plates shall be cleaned every
service day, or more frequently if needed, using a dampened micro- fiber cloth.
All switch plates shall be cleaned including the area around them.
Spray Buff Hard Floors
All hallways, the and terrazzo floors shall be spray buffed every three( 3) months to maintain a high
glossy uniform finish on the floor. All movable furniture and objects shall be moved out of the area.
Locker and shower floors shall be scrubbed every three (3) months. County must be notified at least
five (5) business days prior to scheduled cleaning. All furniture, waste receptacles, etc. must be
returned to original positions after floors have been cleaned so employees can begin work the following
morning.
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Vendinq Machines
The surfaces of all vending machines, including the top, shall be cleaned weekly; or as needed.
Walls/ Baseboards
All walls and baseboards shall be spot washed as needed, unless otherwise specified in these
specifications.
Blinds
All mini -blinds, vertical blinds and horizontal blinds shall be dusted monthly using a damp micro -fiber
cloth or a vacuum cleaner with the proper attachment to remove all dust, smudges and dirt. No feather
dusting permitted without exception. After cleaning, the mini blinds shall be straightened and returned
to their original position.
Dry Clean Carpets
Dry cleaning may be substituted by extraction at the Facility Manager's discretion. This is the preferred
method for cleaning small spots daily. County must be notified at least five (5) days prior to schedule
cleaning.
Strip& Refinish Hard Floors
The hard floors in all closed and open office areas, hallways, lobbies, elevators, and all restrooms
shall be stripped and refinished every three (3) months. Hosing of the floor shall not be permitted.
County must be notified at least five (5) days prior to schedule cleaning.
Furniture Fabric Cleaning
All non- upholstered furniture shall be cleaned monthly. All upholstered furniture shall be steam -
cleaned semi- annually as needed and requested by each individual division. Furniture surfaces and
legs shall be cleaned as required. The fabric found on office partitions shall be vacuumed bi- annually.
Deep Extraction Carpet Cleaning
All carpets shall be cleaned twice( 2) a year. All departments must be notified at least five (5) days
prior to scheduled cleaning.
Scheduling
Employee Work Hours and -Wages
The Contractor shall be responsible for the scheduling of its employees to accomplish the tasks and
cleaning requirements specified in the Specified Tasks and Frequency Schedule at the times
designated by the building- cleaning schedules found in these specifications. Employee scheduling
shall be enough (7 days) to allow for compliance with the Specified Tasks and frequency schedule as
referenced above.
The Contractor has the prerogative to increase the number of employees on the job to ensure
compliance with the contract specifications, at no cost to the County.
Evening start- time for the Contractor personnel shall be at 5:00 pm, unless otherwise arranged or
designated. The Contractor' s employees shall not start earlier without the express consent from the
Facility Manager and the Contractor' s supervisory personnel. In the event of evening meetings being
conducted in County facilities, the Contractor shall be responsible for proper cleaning provided the
meetings end by 9:00 pm. When meetings end after 9:00 pm, the Contractor shall be responsible for
cleaning the area the next morning, with no deduction made from the Contractor's invoice.
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Recycling
Removal of recycling will take place on service days. All facilities, not on the main government
complex, must have exterior recycling containers, as per County ordinance, for use by the janitorial
staff or decide to remove recycling from the facility. Janitorial staff is not required to separate recycling
out of trash/ recycling containers nor breakdown boxes prior to removal. All recycling shall be placed
in outside receptacle, loose, not in plastic bags.
3
Attachment B: Supplies and Equipment Specifications a
It shall be understood and agreed that all services, materials and equipment shall comply fully with all
Local, State and Federal laws and regulations. a,
a
General Specifications
All equipment and supplies shall be Green Seal Certified, where applicable. Any changes must be x
approved by the Facilities Director or his designee. Changes can be requested by the Facilities
Director or his designee. Proof, by invoice or packing slip, shall be shown to Facility Manager that E
acceptable supplies are provided. Through the use of cleaning products and/ or chemicals, the 0
Contractor is representing to the County that it has the experience and knowledge to prevent use of r
such supplies/ chemicals singularly or in combination in such a manner to pose or cause a risk or c
threat of actual harm to the public, Contractor' s employees or the County' s employees.
Reference of Green Seal Certified Products: https:// greenseal. org/ certified- products- services.
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Supplies N
The following supplies shall be provided by the Contractor and installed in the proper locations, and
shall conform to GREEN SEAS, �
CERTIFICATION: https:// greenseal. ore/certified- products- services: U_
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a. Toilet tissue shall be two- ply— GS- 1 C14
b. Paper towels shall be multifold, center pull, roll, etc.— GS- 1 0
c. Hand soap. GS- 41 co
d. Trash liners— Black or white liners for trash and clear liners for recycling M
e. Urinal floor screens
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f. Toilet Seat Covers N
g. Feminine Hygiene products— Guards# 147 or equivalent; Women' s sanitary product �
Revenues to be kept by Contractor) E
h. Hand Sanitizer for dispensers L
i. Wax bags a
j. Batteries for dispensers L
a�
Germicidal Cleaner o
Germicidal cleaner shall be Green Seal Certified, if appropriate. The product shall not cause any a
surface deterioration when used properly and shall not cause color to bleach or bleed. All containers N
shall be labeled with the hazardous agent noted and necessary precautions indicated. Bleach may be
used at approved locations.
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All -Purpose Cleaner E
The cleaner shall be made from high quality soaps, abrasives and disinfectant agents, uniformly
mixed. It shall not cause colors to bleach or bleed. The all-purpose cleaner shall be Green Seal a
Certified, if appropriate.
Stainless Steel Cleaner
Stainless Steel Cleaner shall be Green Seal Certified, if appropriate.
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Bowl Cleaner
Bowl cleaner shall be chemically effective for removal of scale, film, plumbers stone or organic
material. It shall also clean and deodorize without damaging the finish or fittings.
The bowl cleaner shall be Green Seal Certified, if appropriate.
Glass Cleaner
Glass cleaner shall be a blend of synthetic organic detergents, alcohols, solvents, and germicidal
components; it shall not contain any perfume, ammonia or inorganic alkalis.
The glass cleaner shall be Green Seal Certified, if appropriate.
Floor Finish, Sealer, and Stripper
All specifications for floor finishes, sealers, and strippers shall conform to the manufacturer' s
instructions. Floor finish shall be completely waterproof within twelve (12) hours after application. Floor
finish shall be non- yellowing on the floor and should be milk white in the original container rather than
tan. Floor finish shall be Green Seal Certified, if appropriate.
Cleaning Equipment
All rotary machines used for buffing purposes shall be hi- speed machines. When dusting is required,
micro -fiber cloths and equipment shall be used. Feather dusting is not permitted. Micro -fiber mops
shall be used to eliminate the scattering of dust.
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Exhibit B
Performance Criteria
The Contractor shall provide the following supporting documentation to substantiate the
following activities for reimbursement:
Deliverable 1; Maintain staff and compensation per Exhibit D Contractor's Compensation
and Exhibit E Pro -Forma and as outlined in the Complex Operating Manual. Progress and
detail of this deliverable will be evidenced by providing the County with a monthly payment
record, including a direct deposit transaction detail report for each employee receiving
payment during the period. All such monthly records/reports shall be provided to the County
by the close of business no later than five (5) days after the end of each month.
Deliverable,: Provide a monthly report of all receipts to support the expenses being
submitted for reimbursement and a transaction detail report. All such monthly records/reports
shall be provided to the County by the close of business no later than five (5) days after the
end of each month.
Deliverable 3: Maintain and update a search engine optimized website and social media
accounts that highlight the Complex, Collier County, and the Paradise Coast region.
Each month the Contractor will provide an analytics report for the period along with N
Deliverables 1 and 2. All such monthly recordstreports shall be provided to the County by
the close of business no later than five (5) days after the end of each month. c
ii
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Deliverable +4: Contractor shall provide a quarterly review of the Complex, including the Cn
events held at the Complex during the quarter, a look ahead to the next quarter, and a o
profit and loss statement. This profit and loss statement will calculate the quarterly rn
remittances to the County. This report will be prepared and submitted within 30 days of the 00
conclusion of the quarter. The Contractor shall present each quarterly report to the Tourist N
Development Council at its next available meeting, or the earliest date thereafter at the
convenience of the Council's agenda.
Deliverable 5: Development and submission of a preliminary annual budget for the
following fiscal year by May 111 of each year for review for inclusion in the County budget
process.
Deliverable 6: Submittal of an annual business plan for the Complex by October 31 after
theclosing of each fiscal year. The annual report shall include a year-end review of the
concluding year and goals, and also outline the budget, and strategy for the upcoming
fiscal year. The annual business plan will be presented to the Tourist Development
Council and Board of County Commissioners at the next available meeting.
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Exhibit C
Additional Terms and Conditions
ARTICLE 1
DEFINITIONS
1.1. Definitions, For purposes of this Agreement, the following terms have the meanings
referred to in this Section:
Affiliate: A person or company that directly or indirectly, through one or more intermediaries,
controls or is controlled by, or is under common control with, a specified person or company.
Capital Improvements: All expenditures for building additions, alterations, repairs or
improvements, and for purchases of additional or replacement furniture, machinery, or equipment,
where the cost of such expenditure is greater than Five Thousand Dollars ($5,000) and the
depreciable life of the applicable item is, according to generally accepted accounting principles, in
excess of five (5) years.
Event of Force Majeure: An act of God, fire, earthquake, hurricane, flood, riot, civil o
commotion, terrorist act, terrorist threat, storm, washout, wind, lightning, landslide, explosion, ='
epidemic, inability to obtain materials or supplies, any law, ordinance, rule, regulation, or order of
any public or military authority stemming from the existence of economic or energy controls, hostilities ii
or war, a labor dispute which results in a strike or work stoppage affecting the Complex or services a
described in this Agreement, or any other cause or occurrence outside the reasonable control of the c
party claiming an inability to perform and which by the exercise of due diligence could not be
oo
reasonably prevented or overcome.
Existing Contracts: Service Contracts, Revenue Generating Contracts, and other
agreements relating to the day-to-day operation of the Facilities existing as of the Commencement
Date.
FF&E: Furniture, fixtures, and equipment to be procured for use at the Facilities.
General Manager: The employee of Contractor acting as the full-time on -site general
manager of the Facilities.
Laws: Means all applicable laws, statutes, rules, regulations and ordinances.
Management -Level Employees: The General Manager, Marketing Coordinator, Director of
Operations, Business Development and Events Director, Tournament/Sports Coordinator, Local
Programming/Sports Coordinator, Marketing Coordinator, Director of Food & Beverage/Retail, Food
Service Coordinator, Retail Coordinator, Finance Manager, and Administrative Support.
Operating Budget: A line -item budget for the Complex that includes a projection of
Revenues and Costs, presented on a monthly and annual basis.
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Operating Year: Each twelve (12) month period during the Term, commencing on October
1 and ending on September 30, provided that the first Operating Year shall be a shortened year
commencing on the Commencement Date and ending on September 301h of that year and the last
Operating Year shall be a shortened year, ending upon the expiration of this Agreement.
Payroll Account: A separate account in the name of Contractor at a Florida licensed bank
through which all Complex staff and other personnel employed by Contractor (including related
payroll taxes), or engaged by Contractor as an independent contractor, are paid.
Revenue Generating Contracts: Vendor, concessions and merchandising agreements,
user/rental agreements, booking commitments, licenses, and all other contracts or agreements
generating revenue for the Complex and entered into in the ordinary course of operating the Complex.
Service Contracts: Agreements for services to be provided in connection with the operation
of the Complex, including without limitation agreements for consulting services, ticketing, web
development and maintenance, computer support services, FF&E purchasing services, engineering
services, electricity, steam, gas, fuel, general maintenance, HVAC maintenance, telephone, staffing
personnel including guards, ushers and ticket -takers, extermination, elevators, stage equipment, fire
control panel and other safety equipment, and other services which are deemed by Contractor to be
either necessary or useful in operating the Complex.
Taxes: Any and all governmental assessments, franchise fees, excises, license and permit
fees, levies, charges and taxes, of every kind and nature whatsoever, which at any time during the LL
Term may be assessed, levied, or imposed on, or become due and payable out of or in respect of, N
(i) activities conducted on behalf of the Owner at the Complex, including without limitation the sale of
concessions, the sale of tickets, and the performance of events (such as any applicable sales and/or
admissions taxes, use taxes, excise taxes, occupancy taxes, employment taxes, and withholding co
taxes), or (ii) any payments received from any holders of a leasehold interest or license in or to the r`
Complex, from any guests, or from any others using or occupying all or any part of the Complex, but N
excluding any such fees, levies, charges, and taxes that pertain solely to the Contractor's business
operations, and the employment of its personnel. E
ARTICLE 2
OWNERSHIP; USE OF THE COMPLEX
2.1 Ownership of Complex, Data, Equipment and Materials. Owner will at all times
retain ownership of the Facilities, including but not limited to real estate, technical equipment,
furniture, displays, fixtures and similar property, including improvements made during the Term, at
the Complex. Any data, equipment or materials furnished by Owner to Contractor or acquired by
Contractor as Fixed Costs shall remain the property of Owner and shall be returned to Owner when
no longer needed by Contractor to perform under this Agreement. Notwithstanding the above, Owner
shall not have the right to use any third -party software licensed by Contractor for general use by
Contractor at the Complex and other facilities managed by Contractor, the licensing fee for which is
proportionately allocated and charged to the Complex as a Fixed Costs; such software may be
retained by Contractor upon expiration or termination hereof.
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2.2 Right of Use by Contractor. The Owner hereby gives Contractor the right and license
to use the Complex for the Term, and Contractor accepts such right of use, for the purpose of
performing the services herein specified, including the operation and maintenance of all physical and
mechanical facilities necessary for, and related to, the operation, maintenance and management of
the Complex. The Owner shall provide Contractor with a sufficient amount of suitable office space in
the Complex (exact office space to be mutually agreed by the parties) and with such office equipment
as is reasonably necessary to enable Contractor to perform its obligations under this Agreement. In
addition, the Owner shall make available to Contractor, at no cost, parking spaces adjacent to the
Complex for all of Contractor's full-time employees and for the Complex's event staff.
2.3 Right of Use of Staff by Contractor. Contractor shall have the right to utilize its
employees as needed to support Contractor's organization as a whole, including but not limited to
travel for training and temporary staffing coverage. Contractor shall have the right to utilize the
Complex to host events for its employees from time to time for the purpose of learning and
development, at no cost to the operational budget other than that incurred by the staff who are
regularly stationed at the Complex.
2.4 Observance of Agreements. The Owner agrees to pay, keep, observe and perform
all payments, terms, covenants, conditions and obligations under any leases, bonds, debentures,
loans and other financing and security agreements to which the Owner is bound in connection with
its ownership of the Complex.
ARTICLE 3
PERSONNEL
3.1 Generally. All Complex staff and other personnel shall be engaged or hired by
Contractor in its sole discretion, except that Owner shall preapprove the employment of the General
Manager, and shall be employees, agents or independent contractors of Contractor, and not of the
Owner. Contractor agrees that upon a written request by Owner to remove and replace the General
Manager, as long as the reasons for the request are non-discriminatory and not otherwise unlawful,
it will engage in cooperative discussions with Owner to remedy Owner's concerns; failing which,
Contractor will replace the General Manager within an agreed upon reasonable period of time.
Contractor shall select employees, in its sole discretion but subject to Owner's right to approve the
Operating Budget. The Operating Budget shall define the number, function, qualifications, and
compensation, including salary and benefits, of its employees and shall control the terms and
conditions of employment (including without limitation termination thereof) relating to such
employees. Contractor agrees to use reasonable and prudent judgment in the selection and
supervision of such personnel.
3.2 Employment Matters. The Contractor shall present the then current staffing, and all salaries
and payments to employees through the Payroll Account in the Contractor's Annual Budget. It is
understood by all parties that reductions and additions to various positions may be made at
Contractor's discretion throughout the year due to business tempo, trends, opportunities, and budget
requirements. If a change is recommended that will require expense above the budget, the change
will be submitted for Owner's review and approval per Section 31 of the Agreement.
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ARTICLE 4
PROCEDURE FOR HANDLING INCOME
4.1 Business Income. Except as otherwise agreed to by the parties in writing all Revenue
derived from operation of the Complex shall be deposited by Contractor into the Operating Account
at a Florida licensed bank, as soon as practicable upon receipt (but not less often than once each
business day). The specific procedures (and authorized individuals) for making deposits to and from
such account shall be set forth in the Operating Manual.
4.2 Accounting Records and Reporting, During the Term, Contractor shall maintain
professional accounting records. Contractor shall provide the financial statements in a format
reasonably specified by Owner.
4.3 Internal Control. The Contractor agrees to develop, install, and maintain reasonably
appropriate accounting, operating, and administrative controls governing the financial aspects of the
Complex, such controls to be consistent with professionally accepted accounting practices.
ARTICLE 5
COMPLEX CONTRACTS; TRANSACTIONS WITH AFFILIATES
5.1 Existing Contracts. The Owner shall provide to Contractor, on or before the Commencement
Date, full and complete copies of all Existing Contracts. Contractor shall administer and use
reasonable commercial efforts to assure compliance with such Existing Contracts to the extent
provided to Contractor.
5.2 Execution of Contracts. Contractor shall negotiate, execute (in Contractor's own name,
except as otherwise provided herein), deliver and administer any and all programming, rental
agreements, booking commitments, advertising agreements, concession agreements,
supplier agreements, service contracts (including, without limitation, contracts for cleaning,
decorating and set-up, general maintenance and maintenance and inspection of HVAC
systems, elevators, stage equipment, fire control panel and other safety equipment, staffing
and personnel needs, including guards, and other services which are necessary or
appropriate) and all other contracts and agreements in connection with the management,
promotion, and operation of the Complex. In addition to the foregoing, the County may
prescribe after the date hereof certain other guidelines pertaining to Contractor's contracting
rights hereunder which are designed to preserve the tax-exempt status of the bonds issued
to finance the construction of the Complex or to ensure that the Complex is operated in
accordance with the County's policies and applicable law, and in such event, Contractor will
comply with those guidelines. In connection with any programming, licenses, agreements,
commitments or contracts for the Complex, Contractor will ensure that such documents
provide for the fact that Contractor has the right to assign all of its rights and obligations
under such licenses, agreements, commitments and contracts to the County (or to any
successor management company retained by the County) upon the expiration or termination
of this Agreement, and upon such expiration or termination, Contractor shall make such
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assignment in a form reasonably acceptable to the County and the County will accept such
assignment of rights and assumption of obligations.
5.3 Transactions with Affiliates. In connection with its obligations hereunder relating to the
purchase or procurement of services for the Complex (including without limitation food and beverage
services, ticketing services and Commercial Rights sales), Contractor may purchase or procure such
services, or otherwise transact business with, an Affiliate of Contractor, provided that the prices
charged and services to be rendered by such Affiliate are established as the lowest priced and/or
best value based upon competitive bids solicited from other providers seeking to render such services
at the Complex. Contractor shall provide all documentation from the proposed service providers
relating to the procurement and solicitation of goods and services.
ARTICLE 6
AGREEMENT MONITORING AND GENERAL MANAGER
6.1 Contract Administrator. Each party shall appoint a contract administrator who shall monitor r-
such party's compliance with the terms of this Agreement. Contractor's contract administrator shall n
be its General Manager at the Complex unless Contractor notifies Owner of a substitute contract
administrator in writing. Owner shall notify Contractor of the name of its contract administrator within
thirty (30) days of execution hereof. Any and all references in this Agreement requiring Contractor or N
Owner participation or approval shall mean the participation or approval of such party 's contract
administrator, subject to the requirements of the then current Collier County Procurement Ordinance
and other applicable Florida law. '-
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ARTICLE 7
COVENANTS AND REPRESENTATIONS rn
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7.1 Owner's Covenants and Representations. Owner makes the following covenants and
representations to Contractor, which covenants, and representations shall, unless otherwise stated
herein, survive the execution and delivery of this Agreement:
a) Owner's Status. Owner is a political subdivision of the State of Florida duly organized, validly
existing, and in good standing under the laws of the State of Florida with full power and
authority to enter into this Agreement and execute all documents required hereunder.
b) Authorization. The making, execution, delivery, and performance of this Agreement by Owner
has been duly authorized and approved by requisite action and this Agreement has been duly
executed and delivered by Owner and constitutes a valid and binding obligation of Owner,
enforceable in accordance with its terms and applicable laws.
c) Effect of Agreement. To Owner's best knowledge, without duty of inquiry, neither the execution
and delivery of this Agreement by Owner nor Owner's performance of any obligation
hereunder: (i) will constitute a violation of any law, ruling, regulation, or order to which Owner
is subject; or (ii) shall constitute a default of any term or provision or shall cause an acceleration
of the performance required under any other agreement or document (A) to which Owner is a
party or is otherwise bound, or (B) to which the Complex or any part thereof is subject.
d) Ownership Rights. Owner shall obtain and retain the property interests in the Complex
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necessary to enable Contractor to perform its duties pursuant to this Agreement peaceably
and quietly. Owner represents and warrants that Contractor's performance of the services
required by this Agreement shall not violate the property rights or interests of any other Person.
e) Documentation. If necessary, to carry out the intent of this Agreement, Owner agrees to
execute and provide to Contractor, on or after the Effective Date, any and all other instruments,
documents, conveyances, assignments, and agreements which Contractor may reasonably
request in connection with the operation of the Complex.
7.2 Contractor's Covenants and Representations. Contractor makes the following covenants
and representations to Owner, which covenants and representations shall, unless otherwise stated
herein, survive the execution and delivery of this Agreement:
a) Corporate Status. Contractor is a limited liability company duly organized, validly existing, and
in good standing under the laws of the State of Florida and authorized to transact business
throughout the United States with full corporate power to enter into this Agreement and
execute all documents required hereunder.
b) Authorization. The making, execution, delivery, and performance of this Agreement by
Contractor has been duly authorized and approved by all requisite action of the board of
directors of Contractor, and this Agreement has been duly executed and delivered by
Contractor and constitutes a valid and binding obligation of Contractor, enforceable in
accordance with its terms and applicable laws.
c) Effect of Agreement. To Contractor's best knowledge, without duty of inquiry, neither the
execution and delivery of this Agreement by Contractor nor Contractor's performance of any
obligation hereunder (i) will constitute a violation of any law, ruling, regulation, or order to
which Contractor is subject; or (ii) shall constitute a default of any term or provision or shall
cause an acceleration of the performance required under any other agreement or document
to which Contractor is a party or is otherwise bound.
ARTICLE 8
MISCELLANEOUS
8.1 Relationship. Contractor and Owner shall not be construed as joint venturers or general
partners of each other, and neither shall have the power to bind or obligate the other party except as
set forth in this Agreement. Contractor understands and agrees that the relationship to Owner is that
of independent contractor, and that it will not represent to anyone that its relationship to Owner is
other than that of independent contractor. Nothing herein shall deprive or otherwise affect the right
of either party to own, invest in, manage or operate property, or to conduct business activities, which
are competitive with the business of the Complex. Contractor covenants and agrees that even though
it may have a management responsibility for other similar properties, which from "time to time" may
be competitive with the Complex, Contractor shall always represent the Complex fairly and deal with
Owner on an equitable basis.
8.2 Licenses. Contractor agrees to obtain and maintain throughout the period of this Agreement
all such licenses as are required to do business in the State of Florida and in Collier County, Florida,
including, but not limited to, all licenses required by the respective state boards and other
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governmental agencies responsible for regulating and licensing the professional services to be
provided and performed by Contractor pursuant to this Agreement.
8.3 Contractor agrees that, when the services to be provided hereunder relate to a professional
service which, under Florida Statutes, requires a license, certificate of authorization or other form of
legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to
provide such services to Owner.
8.4 Benefits and Obligations. The covenants and agreements herein contained shall inure to
the benefit of, and be binding upon the parties hereto and their respective heirs, executors,
successors, and assigns.
8.5 Force Niajeure. Any delays in the performance of any obligation of Contractor under this
Agreement shall be excused to the extent that such delays are caused by Acts of Nature and other
causes falling within the definition of force majeure as defined herein that are not within the control
of Contractor. In such instances, and any time periods required for performance shall be reasonably
extended accordingly, subject to advance notice and approval by the Owner.
8.6 Intellectual Property. Owner acknowledges that Contractor has certain intellectual property,
trade secrets and proprietary business techniques ("Intellectual Property ") that it will on behalf of
Owner to meet its obligations under this Agreement. Owner acknowledges that it obtains no
ownership rights whatsoever in the Intellectual Property and, upon termination of this Agreement,
Contractor shall retain all rights to the intellectual Property and remove such Intellectual Property
from the Complex and its operations. For purposes of this Agreement, the term Intellectual Property
shall include, without limitation, analytical tools and documented procedures for forecasting,
performance tracking, operational and marketing systems that are unique to Contractor's approach,
staff training programs, program curriculum and agendas, rights to certain discounts or programs that
Contractor has negotiated for Contractor -operated facilities, and other intellectual property which
Contractor has previously introduced to the Complex and of which Contractor is an author.
8.7 Surrender of Premises. Upon termination of this Agreement (termination shall, for all
purposes in this Agreement, include termination pursuant to the terms of this Section 19 and any
expiration of the term hereof), Contractor shall surrender and vacate the Facility upon the effective
date of such termination. The Complex and all equipment and furnishings shall be returned to the
County in good repair, reasonable wear and tear excepted. All reports, records, including financial
records, and documents (including computer data) maintained by Contractor at the Complex or
elsewhere relating to this Agreement shall be immediately surrendered to the County by Contractor
upon termination. The County, at its cost and within thirty (30) days after such expiration or other
termination, shall remove all signage relating to Contractor and its Affiliates.
8.8. Use of Facility at Direction of County. The County shall have the right to use the Complex
or any part thereof, upon reasonable advance notice and subject to availability in accordance with
the procedures to be established in the booking policy, which shall be provided to the County
within 30 days of the effective date of the Agreement; and, subject to the County's approval,
it being recognized that booking a County event during times that are reserved and being marketed
for possible tournaments, camps, clinics, rentals, and other events will lessen the projected revenues
and increase the odds of operating losses.
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Exhibit D Contractor's Compensation
1. Prior to the Phase III Commencement Date (the date that the Complex architect
engaged by the County certifies that the Facility (i) is substantially complete, (ii) is usable
for playing baseball and hosting tournaments, and (iii) has been issued a certificate of
use and occupancy, as set forth in a written notice to Contractor at least thirty (30) days
in advance), as compensation to Contractor for providing the services specified herein
during the Management Term, the County shall pay Contractor the following "Annual
Management Fee":
(a) The County shall pay to Contractor an Annual Management Fee
of Three Hundred Fifty Thousand Dollars ($350,000) for the first two years of this
Agreement and Four Hundred Thousand Dollars ($400,000) a year for each year
thereafter.
(b) Upon the Phase III (Diamond Fields) Commencement Date, the
Annual Management Fee shall be reduced to Zero Dollars ($0) per year.
* If County chooses to refinance current phases and finance future phases with taxable
bonds Contractor agrees to assume full operating risk for the complex at the Phase III
commencement date.
2. The foregoing compensation shall be payable in monthly installments, with each
monthly installment paid no later than the 15th day of each month upon presentment of
an invoice by the Contractor.
3. Upon the Phase III Commencement Date, Contractor and County agree to the
following revenue share model.
• Diamond (Phase III) Revenue Share, a split of *'Business Income 90% contractor
and 10% County
• Non -Diamond Revenue Share, a split of *Business Income 67% contractor and
33% County
*Business Income shall be defined as set forth in numbered paragraph 29 of this
Agreement. In such a case as there is not sufficient Business Income to cover Fixed
Expenses, up to 100% of the Contractor's revenue share shall be used to cover cost of
those fixed operating expenses
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11.C.e
Exhibit E
Pro -Forma
(Following this page)
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Exhibit E Pro -Forma
fParadlse Coast Pro Pgrma
E
YearI
Year2
You
Ye8r4
Year
Year6
Year7
Year8
year9
Pear10
Revenue
�Oiamond Sports Programming
E
$ - $
- $
7.406,057 $
4,010,095 $
5,614,133
$ 5,614,133 $
5,782,557 $
6,064,677 $
6,360,693 $
6,551,513
IOlamond Sports Sponsorships&Mrrshandire
$ - $
- $
494,so0 $
788.mo $
1,111,200
$ 1,i11,2W $
1,140,936 $
1117t,564 $
11209,111 $
1,241,604
0lamaad Spans Revenue Subtotal
$ - $
- $
2,900,857 $
4,799,095 $
6,115,133
$ 6,715,333 $
6,923,493 $
7,736,241 $
7,569,SN $
7,793,117
�S.- Programming
$ 212,320 $
336,370 $
485,288 $
574,168 $
618,044
$ 636,506 $
6S5,683 $
675,354 $
695,614 $
716,493
IlaugarePrgg,amming
$ 164,960 $
447.272 $
583,668 $
628,595 $
645.887
$ 665,264 $
6S5,222 $
705,779 $
726,952 $
748,761
Football Programming
$ 511,400 $
551,682 $
591,715 $
656,632 $
684,077
$ 704,548 $
725.684 $
747,455 $
769,879 $
792,975
Other Held Programming & Rentals
$ 109,632 $
159,034 S
334,329 $
359,355 $
411,631
$ 423,980 $
436,699 $
449,800 $
463,294 $
477,193
Cencerts
$ 435,000 S
562,500 S
600,000 $
600,0DO $
625,000
$ 643,750 $
663,063 $
6B2,954 $
703,443 $
724,546
Festivals
$ 475,500 $
652,500 $
675,000 $
673,000 $
700,000
$ 721,000 $
742,630 $
764,909 $
787,856 $
811,492
Funess Memheahlps
$ 40.875 $
65,048 $
78.307 $
85,S69 $
94,492
$ 97,327 $
100,246 $
103,254 $
106,351 $
109,542
Food & Beverage
$ 264,000 $
446,526 $
919,330 $
1,1R4,925 $
1,415,185
$ 1,459,GS6 $
1,503,446 $
1,561,311 $
1,621,550 $
1,670,196
Merchandise
$ 33,615 $
36,977 S
40,674 $
44,742 $
49,216
$ 54,137 $
59,551 $
65,506 $
72,057 $
79,262
Sponsorships,Streaming& SecondaryRevenue
$ 152,571 $
181,686 $
206,900 $
226,150 $
247,325
$ 254,745 $
262,387 $
270,259 $
278,366 $
286,717
Non-01am9nd Sports Revenue Subtotal
$ 2,399.873 $
3.439,595 $
4,522,211 $
5,034,537 $
5X0,907
$ 5,660,993 $
5,834,612 $
6,016,581 $
6,215,362 $
6,417,167
;g1a1 Revenue
2 $99 873 $
3 39 585 $
7 2306B
9,932,632
12,236,140
12,386,326 $
12 758 104 $
13,26I 822 $
13 795 166 $
1 210 284
Cost of Goode & Expenses
COGS
$ 948,498 $
1,416,036 S
3,041,343 $
4,030,221 $
5,016,774
6 5,085,552 $
5,2411,446 $
5,394,425 $
5,609,430 $
5,779,939
Facility Cxpenses
$ 100.075 $
199,151 $
346,341 $
348,514 $
350,719
$ 355,979 $
363,099 $
370,361 $
377,768 $
385,324
Operating Expenses
$ 729,387 $
770.616 $
1,766,588 $
1,794,052 $
1,85k462
5 2,070,620 5
2,119,470 $
2,189,040 $
2,261,460 $
2,315,407
FT Salary Payroll
$ 825,0DO $
985,800 $
1,393,045 $
1,435,744 $
1,530,221
$ 1.530,221 S
1,576,128 $
1,598,797 $
1,636.461 $
1,635,555
Papoll Taxes, Benefits, Mfs .
$ 324,769 $
402,938 $
53S,036 $
567,084 $
weipis7
$ 532,261 $
548,215 $
564,687 $
$81,622 $
5991,071
P"Openfng Expenses
$ 75,750 $
517,093 $
. $
- $
-
$ - $
$
- $
- $
-
Collier County8evenue Sham(Pos1-Phase3 Completion)
$ - $
- $
315,997 $
598,537 $
845,342
$ 910,523 $
819,943 $
894,646 $
941,286 $
974,617
1;n10 COOS 9 Ex enses
$ 3103 479 $
4,291,634 $
7,398,350 $
8,764,152 $
10,210 58S
$ 10,385172 $
10,675,321 $
13 001,951 $
11,408,1133 $
11,740, 113
EBOrOA
$ 703606 $
352,049 $
24,719 $
1,0654ga $
7025,555
$ 2001154 $
2,082,783 $
2,260,871 $
2387,133 $
2.470,171
Cnllser C-n Revenue5hare Pgs6Pluse 3 Completion)
$
$
315997.DO $
588,537.00 $
84S,342.00
$ 81D,523.00 $
819,943.00 g
994646.00 $
941,786.00 S
974817.00
Co37fer Calrntry 10 Yr Rev Share 7Ota1
�$ 5,191,091.00
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Exhibit E Pro -Forma (Cont.)
Economic Impact Drivers
Years
Year
Year
Year
Yeav6
NomLocat nays in Market for Phases 1 and 2
146,769
186,111
257,234
303,651
297.335
Non-Lccal Days in Market for Phase 3
-
161.050
262,994
368,190
Total Nan -Local Days In Market
If Phase 3 Completed Y3
146,769
186.111
418,283
686,645
665,525
Room Nights in hlarket for Phases 1 and 2
39.116
50,018
69.583
82,371
80.973
Room Nights in Market for Phase 3
-
33.008
54,396
76,164
Total Room Nights If Phase 3
Is Completed In Y3
39,116
50,018
102,091
136,767
157,127
Economic Impact
Year 1
Year 2
Year 3
Year 4
Year 5
Direct Spending for Phases 1 and 2
517,696,378
521,691,373
$28,913,568
$33,627.129
532,985,583
Direct Spending for Phase 3
-
-
$27,240,711
544,575,565
$62,465,633
Direct Spending if Phase 3 is Completed In Y3
517.696.378
521.691.373
556.154 279
$78,202,594
595,391,316
Indirect Spending
-
-
-
-
Total Economic Impact If Phase 3
is Compteted In Y3
$11,006,370
$21,691,373
$58.154.279
$78,202,694
$95,391,315
County Tax Revenue Generat{on
Year
Year
Year
Year
Years
County Tourlst Development Tax
(5% Lodging Spending) for Phases 1 and 2
$227,506
$285.746
5387,973
$455 794
$ 451,587
County Toudsl Development Tax
(5% Lodging Spending} for Phase 3
-
$305.652
$504,033
$705643
County Sales Tax Revenua
(1.01A an Direct Spending) for Phases 1 and 2
$176,964
$216.944
5289,136
$33fi271
$329,857
County Sales Tax Revenue
(1.0%cn Direct Spending) for Phase 3
-
$272.407
$445.755
5624 056
Total County Tax Revenue
It Phase 319 Completed In Y3
$404.470
$502.000
$1,255,368
$1,741,854
$2,111,143
5 Year Economic Impact Total
$269,146,039
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Exhibit F
Key Personnel and Hourly Rates
Year 1 & 2
Position
Salary
Benefits
Total
Executive Director
$140,000
$12,000
$152,000
Sports Director 1
$60,000
$12,000
$72,000
Sports Director 2
$60,000
$12,000
$72,000
Events Director 1
$60.000
$12,000
$72,000
League Manager
$50,000
$12,000
$62,000
Event O erations 1
$40,000
$12,000
$52,000
Event Operations 2
$40,000
$12,000
$52,000
Event Operations 3
$40,000
$12,000
$52,000
Event Operations 4
$40,000
$12,000
$52,000
Facilities Director
$70,000
$12,000
$82,000
F&B Director
$70,000
$12,000
$82,000
Fitness Manager
$50,000
$12,000
$62,000
Office Manager
$50,000
$12.000
$62,000
Total:
$770,000
$156,000
$926,000
Years 3 thru 5
Position
Sala
Benefits
Total
Executive Director
$140,000
$12,000
$152,000
Diamond Sports GM
$100,000
$12,000
$112,000
Diamond Sports AGM
$60,000
$12,000
$72,000
Sports Director 1
$60,000
$12,000
$72,000
Sports Director 2
$60,000
$12,000
$72,000
Events Director 1
$60.000
$12,000
$72,000
League Manager
$50,000
$12,000
$62,000
Event Operations 1
$40,000
$12,000
$52,000
Event Operations 2
$40,000
$12,000
$52,000
Event Operations 3
$40,000
$12,000
$52,000
Event Operations 4
$40,000
$12,000
$52,000
Facilities Director
$70,000
$12,000
$82,000
F&B Director
$70,000
$12,000
$82,000
Fitness Manager
$50,000
$12,000
$62,000
Office Manager
$50,000
$12.000
$62,000
Total:
$930,000
$180.000
$1,110.000
`Actual salaries may differ based on negotiations, operational needs, & merit increases
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PROFESSIONAL SERVICE AGREEMENT # 21-7898
for
"COLLIER COUNTY SPORTS COMPLEX MANAGEMENT"
THIS AGREEMENT, made and entered into on this day of 2021,
by and between SPORTS FORCE PARKS NAPLES, LLC & LAKEPOINT LAND, LLC a JV,
company authorized to do business in the State of Florida, whose business address is 3760
Sixes Rd, Suite 125-331, Canton, GA 30114 (hereinafter referred to as the "Contractor"") and
COLLIER COUNTY, a political subdivision of the State of Florida, (the "County" or "Owner")
(collectively the "Parties"):
WIT NESSETH:
The Agreement shall be for a five (5) year period, commencing on November 22 2021,
and terminating on five (5) year(s) from that date or until all outstanding Purchase
Order(s) issued prior to the expiration of the Agreement period have been completed or
terminated.
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for one
(1) additional five (5) year(s) periods. The County shall give the Contractor written
notice of the County's intention to renew the Agreement term prior to the end of the
Agreement term then in effect.
The County Manager, or his designee, may, at his discretion, extend the Agreement
under all of the terms and conditions contained in this Agreement for up to one hundred
and eighty (180) days. The County Manager, or his designee, shall give the Contractor
written notice of the County's intention to extend the Agreement term prior to the end of
the Agreement term then in effect.
2. SCOPE OF SERVICES. The County owns the infrastructure, buildings, parking, lighting,
sports playing surfaces, sports equipment, and all other hard assets associated with the
athletic complex as the same exist now or may exist in the future including improvements
related thereto specifically located at 3940 City Gate Blvd North, Naples, Florida 34117,
known as the Paradise Coast Sports Complex or any other name that this facility may
be identified as in the future ("Complex").
The Contractor shall provide services in accordance with the terms and conditions of
Invitation to Negotiate (ITN) #21-7898, including all the Attachment(s), Schedules,
Exhibit(s) and Addenda, Contractor's proposal referred to herein and made an integral
part of this Agreement, Exhibit A — Scope of Services; Exhibit A-1, Landscape Scope of
Services; Exhibit A-2 Janitorial Scope of Services; Exhibit B Performance Criteria,
Exhibit C Additional Terms and Conditions; Exhibit D Contractor's Compensation;
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Exhibit E Pro -Forma; and Exhibit F Key Personnel and Hourly Rates, attached to this
Agreement.
2.1 This Agreement contains the entire understanding between the Parties and any
modifications to this Agreement shall be mutually agreed upon in writing by the Parties,
in compliance with the County's Procurement Ordinance, as amended, and
Procurement Procedures in effect at the time such services are authorized.
3. THE AGREEMENT SUM. The County shall pay the Contractor for the services to be
provided under this Agreement in Exhibit D Contractor's Compensation and Exhibit E
Pro -Forma.
Payment(s) will be made upon receipt of a proper invoice(s) and upon approval by the
County's Contract Administrative Agent/Project Manager, and in compliance with
Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment
Act".
11 Price Methodology (as selected below):
Lump Sum (Fixed Price): A firm fixed total price offering for a project, the risks are
transferred from the County to the Contractor; and, as a business practice there are no
hourly or material invoices presented, rather, the Contractor must perform to the
satisfaction of the County's project manager before payment for the fixed price contract
is authorized.
Time and Materials: The County agrees to pay the Contractor for the amount of labor
time spent by the Contractor's employees and subcontractors to perform the work
(number of hours times hourly rate), and for materials and equipment used in the project
(cost of materials plus the Contractor's markup). This methodology is generally used in
projects in which it is not possible to accurately estimate the size of the project, or when
it is expected that the project requirements would most likely change. As a general
business practice, these contracts include back-up documentation of costs; invoices
would include number of hours worked and billing rate by position (and not company (or
subcontractor) timekeeping or payroll records), material or equipment invoices, and
other reimbursable documentation for the project.
Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs,
including labor, materials, equipment, overhead, etc.) for a repetitive product or service
delivered (i.e., installation price per ton, delivery price per package or carton, etc.). The
invoice must identify the unit price and the number of units received (no Contractor
inventory or cost verification).
3.2 Payments will be made for 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 the Agreement. Any untimely submission of invoices beyond the
specified deadline period is subject to non-payment under the legal doctrine of "laches"
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as untimely submitted. Time shall be deemed of the essence with respect to the timely
submission of invoices under this Agreement.
3.4 Travel and Reimbursable Expenses. Travel and Reimbursable Expenses
must be approved in advance in writing by the County. Travel expenses shall be
reimbursed as per Section 112.061 Fla. Stats.
Reimbursements shall be at the following rates:
Mileage
$0.44.5 per mile
Breakfast
$6.00
Lunch
$11,00
Dinner
$19.00
Airfare
Actual ticket cost limited to tourist or coach
class fare
Rental car
Actual rental cost limited to compact or
standard -size vehicles
Lodging
Actual cost of lodging at single occupancy
rate with a cap of no more than $150.00 per
night
Parking
Actual cost of parking
Taxi or Airport Limousine
Actual cost of either taxi or airport limousine
Reimbursable items other than travel expenses shall be limited to the following:
telephone long-distance charges, fax charges, photocopying charges, and postage.
Reimbursable items will be paid only after Contractor has provided all receipts.
Contractor shall be responsible for all other costs and expenses associated with activities
and solicitations undertaken pursuant to this Agreement.
4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work. Collier County, Florida as a political subdivision of the State
of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter
212, Florida Statutes, Certificate of Exemption # 85-8015966531 C.
5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if
mailed or emailed to the Contractor at the following:
Company/Contractor Name: SPORTS FORCE PARKS NAPLES, LLC &
LAKEPOINT LAND, LLC a JV
Address: Attn: Mark Stalnaker, President
3760 Sixes Rd. Suite 221-332
Canton, GA 30114
Authorized Agent: Ian Byrnside, General Counsel
E-Mail(s): mstalnakergfields-inc.com
Mark.OBrien&lakepointsports.com
ibyrnside@bakerlaw.com
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All Notices from the Contractor to the County shall be deemed duly served if mailed or
emailed to the County to:
Board of County Commissioners for Collier County, Florida
Division Director: Sean Callahan, Deputy County Manager
Division Name: Office of the County Manager
Address: 3299 Tamiami Trail E., Suite 202
Naples, FL 34112
Administrative Agent/PM: Marissa Fahey, Senior Operations Analyst
Telephone: 239-252-4380
E-Mail(s): Marissa.fahey(7colliercountyff.gov
The Contractor and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Contractor or to constitute the Contractor as
an agent of the County.
7. PERMITS: LICENSES: TAXES. In compliance with Section 218,80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. The
County will not be obligated to pay for any permits obtained by Subcontractors.
Payment for all such permits issued by the County shall be processed internally by the
County. All non -County permits necessary for the prosecution of the Work shall be
procured and paid for by the Contractor. The Contractor shall also be solely responsible
for payment of any and all taxes levied on the Contractor. In addition, the Contractor
shall comply with all rules, regulations and laws of Collier County, the State of Florida,
or the U. S. Government now in force or hereafter adopted. The Contractor agrees to
comply with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral, or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order, or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Contractor
or if the County or its authorized representative shall deem any conduct on the part of
the Contractor to be objectionable or improper, the County shall have the right to
suspend the Agreement of the Contractor. Should the Contractor fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Contractor further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
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9. TERMINATION. Should the Contractor be found to have failed to perform his services
in a manner satisfactory to the County as per this Agreement, the County may terminate
said Agreement for cause; further the County may terminate this Agreement for
convenience with a ninety (90) day written notice. The County shall be the sole judge of
non-performance.
9.1 In the event that the County terminates this Agreement, Contractor's recovery
against the County shall be limited to that portion of the Agreement Amount earned
through the date of termination. The Contractor shall not be entitled to any other or further
recovery against the County, including, but not limited to, any damages or any
anticipated profit on portions of the services not performed.
9.2 Upon termination or expiration of this Agreement for any reason, (i) Contractor
shall promptly discontinue the performance of all services hereunder, (ii) the Owner shall
promptly pay Contractor all fees due Contractor up to the date of termination or
expiration, (iii) Contractor shall make available to the Owner all data, electronic files,
documents, procedures, reports, estimates, summaries, and other such information and
materials with respect to the Facilities as may have been accumulated by Contractor in
performing its obligations hereunder, whether completed or in process, and (iv) without
any further action on part of Contractor or Owner, the Owner shall, or shall cause the
successor Complex manager to, assume all obligations arising after the date of such
termination or expiration, under any Service Contracts, Revenue Generating Contracts,
booking commitments and any other Complex agreements entered into by Contractor in
furtherance of its duties hereunder. Any obligations of the parties that are specifically
intended to survive expiration or termination of this Agreement shall survive expiration
or termination hereof.
9.3 In the event that this Agreement is terminated for convenience, employed staff
may be retained at the Complex at current salary structure for an additional one hundred
and eight (180) days following the termination period, at the County's option. There shall
be no restrictions on the Contractor for maintaining or rehiring of staff at any time after a
termination event.
10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed, or national origin.
11. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability_: Coverage shall have minimum limits of $1,000,000
Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent Contractors;
Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
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Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and
Employee Non -Ownership,
C. Workers' Compensation. Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $1,000,000 for
each accident.
D. Professional Liability: Shall be maintained by the Contractor to ensure its legal
liability for claims arising out of the performance of professional services under this
Agreement. Contractor waives its right of recovery against County as to any claims
under this insurance. Such insurance shall have limits of not less than $1,000,000 each
claim and aggregate.
E. Other: Liquor Liability $ 1,000,000 Per Occurrence
Umbrella $ 5,000,000 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.
12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor
shall defend, indemnify and hold harmless Collier County, its officers and employees
from any and all liabilities, damages, losses and °costs, including, but not limited to,
reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed
breach of this Agreement by Contractor, any statutory or regulatory violations, or from
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personal injury, property damage, direct or consequential damages, or economic loss,
to the extent caused by the negligence, recklessness, or intentionally wrongful conduct
of the Contractor or anyone employed or utilized by the Contractor in the performance
of this Agreement. This indemnification obligation shall not be construed to negate,
abridge, or reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
12.1 The duty to defend under this Article 12 is independent and separate from the duty
to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Contractor, County, and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being provided
to Contractor. Contractor's obligation to indemnify and defend under this Article 12 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.
13. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of
The County by the Corporate Business Operations Division.
14. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner with
the performance of services required hereunder. Contractor further represents that no
persons having any such interest shall be employed to perform those services, except
as otherwise allowed for herein.
15. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the
following component parts, all of which are as fully a part of the Agreement as if herein
set out verbatim: Invitation to Negotiation #21-7898, including attachments and
Addenda, Contractor's Proposal, Insurance Certificate(s), Exhibit A — Scope of Services;
Exhibit A-1, Landscape Scope of Services; Exhibit A-2 Janitorial Scope of Services;
Exhibit B Performance Criteria; Exhibit C Additional Terms and Conditions; Exhibit D
Contractor's Compensation; Exhibit E Pro -Forma; and Exhibit F Key Personnel and
Hourly Rates, attached to this Agreement.
16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
17, PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service, or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County
Administrative Procedure 5311. Violation of this provision may result in one or more of
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the following consequences: a. Prohibition by the individual, firm, and/or any employee
of the firm from contact with County staff for a specified period of time; b, Prohibition by
the individual and/or firm from doing business with the County for a specified period of
time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate
termination of any Agreement held by the individual and/or firm for cause.
18. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the
Contractor is formally acknowledging without exception or stipulation that it agrees to
comply, at its own expense, with all federal, state and local laws, codes, statutes,
ordinances, rules, regulations and requirements applicable to this Agreement, including
but not limited to those dealing with the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended; taxation, workers' compensation, equal employment and safety including, but
not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida
Public Records Law Chapter 119, including specifically those contractual requirements
at F.S. § 119.0701(2)(a)-(b) as stated as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
Division of Communications, Government and Public Affairs
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: PublicRecordReg uest(&_colIiercountyfLgov
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
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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.
If Contractor observes that the Contract Documents are at variance therewith, it shall
promptly notify the County in writing. Failure by the Contractor to comply with the laws
referenced herein shall constitute a breach of this Agreement and the County shall have
the discretion to unilaterally terminate this Agreement immediately.
19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful Contractor extending the pricing, terms and
conditions of this solicitation or resultant Agreement to other governmental entities at the
discretion of the successful Contractor.
20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
21. ADDITIONAL ITEMS/SERVICES, Additional items and/or services may be added to
this Agreement in compliance with the Procurement Ordinance, as amended, and
Procurement Procedures.
22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by
this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be attended
by representatives of Contractor with full decision -making authority and by County's staff
person who would make the presentation of any settlement reached during negotiations
to County for approval. Failing resolution, and prior to the commencement of depositions
in any litigation between the parties arising out of this Agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court
Mediator certified by the State of Florida. The mediation shall be attended by
representatives of Contractor with full decision -making authority and by County's staff
person who would make the presentation of any settlement reached at mediation to
County's board for approval. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
23. 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.
24. KEY PERSONNEL. The Contractor's personnel and management to be utilized for this
project shall be knowledgeable in their areas of expertise. The County reserves the right
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to perform investigations as may be deemed necessary to ensure that competent
persons will be utilized in the performance of the Agreement. The Contractor shall assign
as many people as necessary to complete the services on a timely basis, and each
person assigned shall be available for an amount of time adequate to meet the required
service dates. The Contractor shall not change Key Personnel unless the following
conditions are met: (1) Proposed replacements have substantially the same or better
qualifications and/or experience. (2) that the County is notified in writing as far in advance
as possible. The Contractor shall make commercially reasonable efforts to notify Collier
County within seven (7) days of the change. The County retains final approval of
proposed replacement personnel.
25. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms
of any of the Contract Documents, the terms of the Agreement and the Additional Terms
and Conditions shall take precedence over the terms of all other Contract Documents.
To the extent any conflict in the terms of the Contract Documents, including the Owner's
Board approved Executive Summary, cannot be resolved by application of the terms of
the Agreement and Additional Terms and Conditions, the conflict shall be resolved by
imposing the more strict or costly obligation under the Contract Documents upon the
Contractor at Owner's discretion.
26. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without
the prior consent in writing of the County. Any attempt to assign or otherwise transfer
this Agreement, or any part herein, without the County's consent, shall be void. If
Contractor does, with approval, assign this Agreement or any part thereof, it shall require
that its assignee be bound to it and to assume toward Contractor all of the obligations
and responsibilities that Contractor has assumed toward the County.
27. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as
amended. Background checks are valid for five (5) years and the Contractor shall be
responsible for all associated costs. If required, Contractor shall be responsible for the
costs of providing background checks by the Collier County Facilities Management
Division for all employees that shall provide services to the County under this Agreement.
This may include, but not be limited to, checking federal, state, and local law enforcement
records, including a state and FBI fingerprint check, credit reports, education, residence
and employment verifications and other related records. Contractor shall be required to
maintain records on each employee and make them available to the County for at least
four (4) years. All of Contractor's employees and subcontractors must wear Collier
County Government Identification badges at all times while performing services on
County facilities and properties. Contractor ID badges are valid for one (1) year from the
date of issuance and can be renewed each year at no cost to the Contractor during the
time period in which their background check is valid, as discussed below. All technicians
shall have on their shirts the name of the Contractor's business.
The Contractor shall immediately notify the Collier County Facilities Management
Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to
Collier County separates from their employment. This notification is critical to ensure the
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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.
28. TAX MATTERS. The County and the Contractor acknowledge that a portion of the costs
of the Complex were financed with proceeds of certain tax-exempt indebtedness
(collectively, the "Bonds") and the County and the Contractor intend for this Agreement
to comply in all respects with Revenue Procedure 2017-13, as amended.
Accordingly, and notwithstanding any provision of this Agreement to the contrary. The
County and the Contractor agree as follows:
a. The County shall continue to exercise a significant degree of control over the
Complex including, but not limited to, approving the annual budget of the Complex
approving any capital expenditures with respect to the Complex, approving any
disposition of assets of the Complex, approving the rates and charges for use of the
Complex and approving the general nature and type of use of the Complex.
b. The County shall continue to the bear the risk of loss upon damage or
destruction of the Complex: provided, however, this shall not in any way reduce or
eliminate or adversely impact the County's ability to seek and be entitled to
reimbursement or damages or costs from the Contractor or any other party whose
actions or inactions may have caused such loss.
C. The Contractor shall not take any tax position that is inconsistent with the
Contractor's role as a manager or service provider of the Complex. Without limiting the
generality of the foregoing sentence. The Contractor will not claim any depreciation or
amortization deduction, investment tax credit or any deduction for any payment as rent
with respect to the Complex.
d. In the event the tax-exempt status of the Bonds is challenged by any federal
agency or any nationally recognized bond counsel expresses the view that the tax-
exempt status of the Bonds is in jeopardy as a result of this Agreement or the operation
of the Complex. the County and the Contractor will, to the extent necessary or desirable.
renegotiate the terms of this Agreement in good faith to ensure that the tax-exempt status
of the Bonds is not adversely affected.
29. BUSINESS INCOME USE, APPROPRIATION, AND CALCULATION. The Complex is
expected to generate programmatic/operating revenue (the "revenue") driven by all
aspects of the Complex. This revenue includes, but is not limited to, service fees, rental
fees, usage fees, sponsorships, sales commissions, food and beverage sales,
merchandise sales, and other miscellaneous revenues driven by the operations of the
complex that are outlined in Exhibit E Pro -Forma.
The Complex will also generate programmatic/operating costs (the "costs") that are
defined as costs driven by generating the revenues associated with all aspects described
above and outlined in Exhibit E Pro -Forma. These costs include, but are not limited to,
Cost of Goods Sold (COGS) related to tournament programming, merchandise, food &
beverage, event operations, and sponsorships.
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The gross revenue less the COGS will comprise the business income ("Business
Income"). Business Income will be managed, collected, recorded, reported, and retained
by the Contractor, and will remain distinct and separate from any other projects or
operations of the Contractor. Business Income is considered unrestricted funds and will
be used for program cash flow or allowable program costs as detailed in the budget.
On a quarterly basis the Contractor will calculate the Business Income from the Complex
(less the Capital Reserve Contribution set forth in Section 32 below) and will distribute
this Business Income to the County pursuant to the allocations set forth in Exhibit E Pro -
Forma. The County will first use its share of the Business Income to offset the Approved
Fixed Costs for the Complex payable by the County to the Contractor pursuant to
Numbered Paragraph 30 hereof.
30. FACILITIES FIXED COSTS SCHEDULE. The Complex is expected to generate fixed
costs associated with the baseline operation of the Complex. These costs include, but
are not limited to, landscape maintenance and janitorial, full time employee salaries,
corporate services, and other general administrative expenses (the "Fixed Costs"). The
Budgeted Fixed Costs are outlined in Exhibit E Pro -Forma, ("Fixed Costs") and shall not
increase without the Contractor providing justification therefore and obtaining approval of
the Board of County Commissioners in advance. The Fixed Costs shall be reimbursed by
the County to the Contractor monthly upon the provision of a valid invoice and submittal
of monthly deliverables report. Payments of invoices shall be processed and paid in
accordance with the timeframes established in the Local Government Prompt Payment
Act and the terms of this Agreement. Notwithstanding the foregoing, the Contractor will
first offset any Fixed Costs payable by the County against the County's share of the
Business Income that is available to the County on a quarterly basis pursuant to Section
29 hereof.
31. BUDGET REVIEW AND MODIFICATION. Budgeted Fixed Costs will be subject to an
annual review and based upon actual costs of the previous year and the business plan
proposed by Contractor. Modifications of any of the budget categories defined in Exhibit
E Pro -Forma may only be made if approved in advance by the County Manager, or his
designee, and if such modifications exceed Fifty Thousand Dollars ($50,000) then it will
require an Amendment to this Agreement approved by the Board of County
Commissioners.
32. CAPITAL RESERVE. Prior to the quarterly calculation and distribution of the Business
Income Appropriation pursuant to Section 29 hereof, the Contractor shall calculate and
set aside 5% of the Business Income as capital reserves for the Complex (the "Capital
Reserve Contribution"). Contractor shall remit to the County the Capital Reserve
Contribution to be held in trust in a separate capital reserve account for the Complex
maintained by the County and the funds in such account shall be used exclusively for
capital improvements, repairs or replacements at the Complex. The budget, schedule,
and plan for capital improvements, repairs and replacement for the Complex will be
administered by the County, with the input of the Contractor.
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33. ASSUMPTION CLAUSE. In the event of the termination of this Agreement. The County
will make best efforts to accommodate any existing events that have an active reservation
at the Complex or another County facility.
34. GENERAL OPERATING PROCEDURES. The Contractor shall operate and maintain the
complex to the minimum standards outlined in the Complex Operating Manual, which
shall be provided to the County within 30 days of the effective date of the Agreement, and
be subject to the County's approval. The document to be developed by Contractor shall
contain terms regarding the management and operation of the Facility including detailed
policies and procedures to be implemented in operating the Facility, as agreed upon by
both the Owner and the Contractor. The Operating Manual includes, but is not limited to:
general hours of operation, food and beverage standards, standard operating procedures
for complex and recreational staff, minimum maintenance standards and guidelines,
general quality assurance and quality control procedures, guidelines for merchandise and
food and beverage sales, standard workflows for programming and reservations and work
methods and purchasing of goods and equipment for the Complex.
The County Manager, or his designee, may, at his discretion and with the consent of the
Contractor, amend the minimum standards and procedures in the Complex Operating
Manual based on programming demand.
35. PROJECT PUBLICITY. Any news release pertaining to the services performed by the
Contractor pursuant to this Agreement must recognize the contribution of the County as
a funding source and should be coordinated with the County's Communications and
Customer Relations Division prior to publication. The Contractor shall recognize the
County for its contribution in all promotional materials and at any event or workshop for
which County funds are allocated.
35. SUBCONTRACTORS. The Contractor shall be responsible for all work and all expenses
required to perform the services set forth in this Agreement, subject to reimbursement
from the County pursuant to this Agreement.
a. The Contractor may, as appropriate and in compliance with applicable laws.
subcontract the delivery of the services for the Complex; provided, however, that the
Contractor will be solely liable to the subcontractor for all expenses and liabilities incurred
during such subcontract subject to appropriate reimbursement of Contractor pursuant to
this Agreement.
b. Any and all subcontracts executed for the Complex shall include provisions whereby
the Contractor and the subcontractor agree to abide by all local, State, and federal laws
and indemnify and hold harmless the County consistent with the same provisions required
of the Contractor in the Agreement.
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37. DATA & RECORDS MANAGEMENT. The Contractor shall keep and maintain records
required to operate and perform services to the Complex. Upon request from the County,
the Contractor shall make those records available for inspection.
Upon expiration or termination of this Agreement, the Contractor will transfer, at no cost
to the County, all records with respect to the operation of the Complex by Contractor that
are in possession of the Contractor or keep and preserve public records with respect to
the operation of the Complex by Contractor during the term of this Agreement that are
required by the County to perform the service. If the Contractor transfers all public records
to the County upon expiration or termination of this Agreement, the Contractor shall
destroy any duplicate public records that are confidential and exempt from public records
disclosure requirements. If the Contractor keeps and preserves public records upon
expiration or termination of this Agreement, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be
provided to the County upon request from the County's custodian of public records in a
format compatible with the information technology systems of the County.
38. OPERATIONS. The Contractor shall use point -of -safe (POS) electronic cash machines
or other similar 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 must be reviewed and approved by the
County prior to use.
All financial records with respect to the Complex are to be retained during the entire term
of this Agreement and for a period of five (5) years following the termination of this
Agreement. The financial records described in the previous sentence consist of records
documenting specific receipts/revenues collected by Contractor 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 Contractor may sell any concessions desired as long as such items are permitted
under Florida state law and the Contractor has obtained the proper licensing/tax permits
for such sales. Any and all tobacco products are not permitted.
39. FINANCIAL REVIEW, RECORDS, AUDIT. The Contractor shall provide, at its expense,
an annual independent review of the Contractor's financial records. The purpose of this
review is to substantiate that the County has been compensated in accordance with this
Agreement.
During the term of this Agreement. the Contractor shall establish and maintain such
records as now exist and may hereafter be prescribed by the County in the future to
provide evidence that all terms of this Agreement have been and are being observed. The
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Contractor grants to the County the right and authority to audit all records. Documents,
and books pertaining to the Complex operation. Such audit will be conducted at a
frequency determined by the County and communicated to the Contractor. The
Contractor agrees to provide materials for the audit at the place designated by the County
within three (3) business days after the County's notice to do so is received by Contractor
all at no cost to the County. The agreement to provide materials for audit extends to the
Office of the Clerk of the Circuit Court, as "ex-officio clerk of the Board of County
Commissioners, auditor, recorder, and custodian of all county funds."
(Intentionally left blank -signature page to follow)
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IN WITNESS WHEREOF, the Parties hereto, by an authorized person or agent, have
executed this Agreement on the date and year first written above.
ATTEST:
Crystal K. Kinzel, Clerk of the Circuit
Court and Comptroller
la
Dated:
(SEAL)
Approved as to Form and Legality:
Scott R. Teach, Deputy County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Penny Taylor, Chair
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Contractor's Witnesses: SPORTS FORCE PARKS NAPLES, LLC &
LAKEPOINT LAND, LLC a JV
Contractor
By:
Contractor's First Witness Signature
ypelprint witness nameT
Contractor's Second Witness
TTypelprint witness nameT
TTypelprint signature and titleT
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Exhibit A
Scope of Services
1.1 The Contractor shall be responsible for studying area demographics and
associated metrics to provide input to the Complex's "mix" of facilities and types of
events supported. Due to the tremendous investment, the County will heavily
scrutinize business and marketing plans and models to ensure they are reasonable,
realistic, and sustainable.
1.2 The Contractor shall conduct a project feasibility study in an effort to determine
early issues (i.e., traffic, parking, location, permitting issues, etc.), identify any
features that could adversely affect the successful operation of the complex, and
communicate it to Owner.
1.3 The Contractor shall review and evaluate land/project site options, design and
assist the County in determining features and amenities on the complex to ensure
positive revenue growth.
1.4 The Contractor shall develop an annual analysis of the complex's economic impact
on the local economy, the regional economy, and otherwise, through added jobs,
taxes, tourism, etc.
Consulting and Assistance During Design and Construction of the Complex
1.5 The Contractor shall assist the County delivery team (staff, consultants, engineers,
architects, and senior management) in developing the final project concept and
assist in its implementation. The Contractor shall coordinate efforts and ensure that
it promotes and adheres to the final approved concept and scope of work.
Management, Operation, Advertising and Marketing of the Complex
1.6 The County views its relationship with the Contractor as critical to the credibility,
viability, and financial success of the Complex.
1.7 The Contractor shall run, market, solicit, advertise, and conduct public relations
activities for leagues, sporting events, concerts, tournaments, and other gatherings,
including special events of substantial size and scope to maximize use of the
complex at NO extra cost to the County.
1.8 Complex is owned and maintained by the County. This will include capital
investment and improvements.
1.9 The Contractor shall supply landscape maintenance and janitorial services as an
aspect of facilities maintenance; See Exhibit Al and A2
1.10 Contractor shall create an annual marketing plan for the Complex.
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1.11 Contractor shall follow County travel polices.
1.12 Contractor will conduct backend accounting, sales, operations, and marketing
support services.
1.13 Additional hires, beyond that provided for in the Contractor's Pro Forma/Proposal,
shall require County approval. Hiring will include everything necessary to run the
Complex.
1.14 Contractor will collaborate and coordinate with the County's Parks and Recreation
Department and Convention and Visitors Bureau to reduce duplication of efforts.
1.15 Contractor shall manage and run unforeseen additions or changes to the Complex
— as there may be future amenities not in the original plan and it will be expected to
manage, operate, and provide oversight. Additions may include, but are not limited
to: obstacle course, beach volleyball course, hockey rink, or quiet space.
1.16 Contractor shall manage a hotel booking service for complex events that is capable
of securing room blocks with local hotels, which includes an online booking solution,
and is capable of pre and post event reporting on room nights and revenues.
Contractor shall provide quarterly reports on the anticipated expected revenue to
be derived from this platform. The County reserves the right to place cost controls
on room booking models.
1.17 Contractor shall run, advertise, and market The Factory, a separate aspect of the
whole complex, that includes:
National Fitness Court Programming — Free to the public
Open Air Classroom
Membership based: Open Air/Functional Fitness
o Fully functioning fitness -based membership space with full group class
offerings
o May sub -contract work as need, with County approval, branding must remain
intact.
« The Lake trail with workout stations
1.18 Contractor shall run, advertise, and market The Cove — food truck bar and pavilion,
a separate aspect of the whole complex, that includes:
Vendor management
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• Health department upkeep
• Food truck management and operations
• Permit/License Management
• Coordination with tournament/event schedule, along with normal operating
hours best fit
• Concessions for other locations — outside of events.
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Exhibit A-1 Landscaping Scope of Services
Full -Service landscaping shall include the following items:
General Services
The work includes but is not limited to: mowing/edging, weed control, general site trimming/pruning,
turf fertilization, pest control, shrub care, shrub/palm fertilization, irrigation maintenance, aeration/top
dress of specified areas, sod replacement and installation, tree removal, mulching, special projects,
and additional services as requested.
Service Schedule
The frequency of routine service (mowing, edging, trees/shrubs/other plant material maintenance,
weeding, pest control and other associated landscape maintenance services outlined under the scope)
will be as follows, but is subject to change as needed:
• May — October (6 months) = Once a week
• November— April (6 months) = Once every other week.
The Contractor shall develop a consistent schedule in which services will be completed in a maximum
two-day timeframe between Monday and Thursday (no services will be performed on Friday — Sunday)
unless specific variances are approved in advance by the Project Manager or designee. Monday and
Tuesday to be preferred maintenance days.
Full annual schedules of proposed days for service shall be submitted to the County at the beginning
of the contract and updated if there are any changes throughout the term(s) of the contract.
Mowing
Prior to mowing, the Contractor shall be responsible for the removal and disposing of all trash and
debris including, but not limited to, palm fronds, horticultural and non -horticultural debris, leaves, rocks,
paper, tree branches and limbs, shrubbery, and other miscellaneous objects on the ground in the
service area to include the right-of-way, The number of mowing services may be modified by the
County depending upon seasonal conditions.
Mowing and edging shall include park medians and areas along the outside edge of the sidewalks of
adjacent properties. The Contractor shall ensure all trash and debris is disposed of the same day and
areas with pavement and curbing shall be clear of all grass clippings from mowing.
Swale areas shall be mowed throughout the entire year. If mowing is not possible and the swales are
full of water, the swales must be addressed at every service to reduce the height of the weeds to 12"
above the water.
Side of the road, a full mowing service shall include side of the roadway mowing and edging, all swale
areas, and side of right-of-way trash removal, Maintenance of Traffic (MOT) may be requested on an
as needed basis. MOT certification may be requested. Mowing ahead signs are required when mowing
services are being performed.
It is the responsibility of the Contractor to be familiar with the type of grasses and mowing expectations
at specified location.
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Bimini Bermuda Sod
Maintain an average height of one (1) inch. Mow with a reel mower. Mowing frequency is typically
once weekly in the summer months. If areas are desired to be mowed more frequently the Project
Manager or designee shall request an increase. Scalping (hard cutting of the sod to the thatch layer)
annually is recommended. Sand application may be necessary on any low areas discovered during
the scalping of sod. Maintain a clean mowed edge. Will not use herbicide to maintain edge treatment
of sod.
Bahia Sod
Mow weekly or every other week during summer as requested by the County. Mowing may be less
frequent during dry season months. Maintain a mowed edge. Will not use herbicide to maintain edge
treatment of sod. Bahia grass shall be cut at a height of 3.5 inches.
Edging
Edging is required in all turf areas around isolated trees, valve boxes, shrubs, signposts, utility holes,
etc. where they exist. All debris on streets, sidewalks, or other areas, resulting from edging, shall be
removed. No herbicide will be used for edging.
Mechanical edging of the turf shall be done with each mowing along all sidewalk edges, back of
concrete curbs, around all plant beds, utility service boxes, streetlight bases, signposts, headwalls,
guardrails, timer pedestals, posts, and trees.
Trash Removal
Before mowing turf areas, the Contractor shall remove all debris trash from the service site. Park trash
removal for each service for all site areas shall be cleaned by removing all trash or debris which shall
include, but not limited to the following: paper, bottles, cans, other trash, and horticultural debris.
Disposing of trash and debris must be at a proper landfill or disposal site at no additional cost to Collier
County.
Street Cleaning
Sidewalks, curbing, and gutters to include the four (4') foot area from the face of the gutters and curbs,
turn lanes, medians, and sidewalk areas shall be cleaned the same day as the mowing service to
remove any accumulation of debris or objectionable growth to maintain a neat and safe condition.
Sidewalks shall be blown clean. Grass clippings or other debris shall not be blown on other adjacent
property or accumulate on right of way areas, paved areas, traffic, or roadways. Blowing shall be
directed toward the existing landscape median or grass.
Weeding
Weeding of plant beds, rock areas, sidewalks (asphalt, concrete paver), guardrail bases, curb joints
and other mulched areas by chemical and/or hand removal and must be performed weekly or as
necessary to provide a weed -free and well -maintained area. The Contractor shall remove all weeds
by hand with or without using a chemical treatment. If chemicals are used, they shall be Roundup or
equivalent around plants, etc., but to be used in such a manner as to not damage existing plant
material. The Contractor will remove all weeds from sodded/grass areas using appropriate method.
The Contractor will use chemical treatment along synthetic turf grass edges.
• A Florida Pesticide Applicator Licensed is requested.
Perennial Peanut
Maintain weed free. Hand pull weeds. Edge runners along bed edges with metal edger. Will not apply
herbicide or maintain edges with herbicide.
General Site TrimminglPruning
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General site pruning shall be defined as the pruning of any plant's foliage height that is ten feet (10')
and below. Shrub pruning should be done at a minimum of every 6 weeks throughout each park for all
shrub types that require pruning so that landscape gives the appearance of continuity throughout that
park project area. Groundcovers and shrubs shall be maintained at the required height as specified
by the Project Manager or designee up to a maximum height of thirty-six inches (36"), with the
exceptions of sight windows where the height shall be maintained at a maximum of eighteen to twenty-
four inches (18"- 24"). Shrubs and plant material shall not grow over the curbing and into the roadway
or parking area. Shrubs and trimming, as described above must be completed.
Will consult an arborist for canopy trimming, thinning and in the event of diseased trees.
Avoid use of a gas -powered hedge trimmer where possible. Hand clip specimen and ornamental
shrubs. The intent of the shrubs and ornamental plantings on site is to maintain a natural shape and
character. Trees shall not be pruned into balls. Hedges shall not be topped or maintained as clipped
hedges or topiary.
Canopy and Ornamental Trees
Shall be pruned to encourage a natural appearance desired shape. Cathedral live oaks shall be open
branching as well as clear out the center of the tree to help with air circulation and overcrowding
branches. Bridal Veil Trees to be allowed to develop into their natural vase shape. Pink Tabebuias to
be allowed to obtain their natural shape. Will not only trim around the outside circumference of the
tree. Recommended annual trimming should be kept to about 25% of the tree canopy. Hard cutting is
stressful on the tree and does not help them survive storms. Will perform pruning in spring and summer
for best recovery.
Palms
Royal Palms shall be kept clean and free of brown fronds and or boots at all times. Sylvester Palms I
Silver Bismarck Palms and all non- self -shedding palm varieties shall be trimmed once annually to
remove the bottom brown palm fronds. All seed heads shall be removed prior to ripening to prevent
falling fruit and staining of surfaces below.
Flowering trees and shrubs
Shall be trimmed after they have flowered. Hard trimming shall occur in the summer months. Trim
seasonal grasses spartina / muhly / fakahatchee once annually to 6" from the ground in the beginning
of rainy season.
Pest Controlllntegrated Pest Management (IPM)
Inspect and treat plant material, applying pesticide when pests reach damaging thresholds to include
the lake banks.
All pesticides and herbicides to be applied by a licensed professional and shall follow the application
methods and rates as listed on each individual manufacturer product specification sheet. Apply during
cooler hours of the day as mid -day heat can contribute to burning or damage of plants.
Best Practices to Avoid Disease and Fungus
Florida weather provides year-round opportunities for fungus. The Contractor will prevent this by:
• Keeping mulch away from the base of plants and trunks.
• Trimming overgrown plants to allow for air to circulate.
• Monitoring for aphids/ mealy bug/ thrip on shrubs, specimen plantings and ornamental grasses.
• Monitoring for webworm or nocturnal caterpillars on bougainvillea — will treat with Orthene or
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similar product with caution label.
• Water landscape beds in the morning hours to allow plants to dry throughout the day.
Bimini Bermuda Sod Pest Control Recommendation
Dollar spot is possible but is mostly a problem in bermuda that has low fertility levels, Sod webworms
and army worms are a threat, mostly in warm rainy months and is easily killed but harder to eliminate
or prevent. Grass appears thin and "mowed down" when it has not been mowed, due to worm damage.
Bermuda grass mites can occur some years in the dry winter months. Watch
for mole crickets and grubs in April and May.
Fire ant mounds shall be treated four (4) times per year and will include turf, walkways, and parking
medians. Any spot treatments will be done on an as needed basis.
General Fertilizer Recommendations
The Contractor shall follow all State of Florida and Collier County Fertilizer Ordinances at the
following links:
http:llwww.leg.state.fl.us/statutes/index.cfm?App mode=Display Statute&URL=0500-
05991057610576.html
https:llwww.colliercountyfl.govlvour-governmenUdivisions-s-zlzoning-divisionlwatershed-
management-planslcollier-county-florida-friendly-fertilizer-ordinance
All fertilizers to be applied at rates as listed by manufacturer. Will keep fertilizers off impervious
surfaces.
Fertilize blooming plant materials three (3) times a year at approximately four -month intervals. Shrubs
and groundcovers: a minimum 75% slow release, 5-2-12 or 13-3-12 or similar product is
recommended.
Fertilizers should have organic nitrogen content of 50% and contain added sulfur and iron, Palms will
benefit from additional application of magnesium sulfate, manganese sulfate, and sulfate potash
magnesia on an annual basis. Will not apply fertilizer close to the trunk; apply at palm drip line where
possible. Hibiscus require additional iron. Annual application of chelated iron is recommended. Bird of
Paradise and bougainvillea require high concentration of organic fertilizer such as turkey litter or
compost.
Turf Fertilization
Monthly fertilization program will follow University of Florida IFAS recommendations based on the turf
at specified location. See link below:
https:lledis.ifas.ufl.edu/Ih0l 4#:—:text=A%20recent%20revision%20of%20the,be%20made%20during
%20the%20fall,
Bimini Bermuda Sod Fertilization Recommendation
15-0-15 or 12-0-12, 50% slow release with minors is a common golf course ratio. Four pounds of
Nitrogen (N) per 1000 SF annually, (preferably 4 times per year). During the Collier County summer
fertilizer lock out period follar iron treatment is helpful, The Contractor will follow the Collier County
Fertilizer Ordinance, Summer rainy season is an important time to build strong turf when it is growing
the most. Spot fertilization can be very helpful in high traffic wear spots.
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Shrub Fertilization
Annual Fertilizer applications based on IFAS recommendations.
Palm Fertilization
Annual Fertilizer applications per year based on IFAS recommendations and general
recommendations as outlined above. Landscaped areas within 30 feet or large established palms shall
be fertilized with an 8-2-12-4 Mg with tungsten (W), potassium (K) and magnesium (Mg) being in slow -
release form. The Fertilizer shall also contain 1-2 percent iron (Fe) and manganese (Mn) plus trace
amounts of zinc (Zn), copper (Cu) and boron (B). Any product to be used near palms in landscaped
areas shall be approved by the Contract Manager before use.
Shrub IPM
Inspect and treat plant material, applying pesticide when pests reach damaging thresholds.
Irrigation Maintenance
The Contractor shall inspect the irrigation system bi-weekly, per industry standard. The Contractor
shall report any broken sprinkler system parts or damage to County property found immediately to the
Project Manager or designee for repair. The Contractor is responsible for broken systems or parts and
is required to repair the damage at no charge to the County.
The Contractor shall inspect and test rain shut-off devices and other components and zones in the
irrigation system monthly and shall reset zone times accordingly. Minor adjustments and repairs such
as head/emitter cleaning or replacement, filter cleaning, re -aiming of heads to keep water out of the
street, small leaks, and minor timer adjustments shall be made. The Contractor, shall in perpetuity,
allow for the application of/z inch - 3/ inch of water per irrigation cycle. During regular service times,
the Contractor will note and report to the County any symptoms of inadequate or excessive irrigation,
drainage problems, etc.
Bimini Bermuda Sod Irrigation Recommendations
Typically, three (3) times per week. Watch for hot spots in dry periods and adjust zone timing, or
possibly add a larger flow head if just one (1) area shows hot spots. This will be adjusted seasonally
depending on the weather pattern.
Repairs or system service beyond the above scope will be charged to the County on a time and
material basis for actual repairs only, not for the full monthly check if repairs are made at that time.
The Contractor will notify the County of the nature of the problem before repairs are made.
Aeration/Top Dress
Aeration and top dressing of areas shall be done once per year. Depending on traffic and use, high
traffic areas may require this more than I per year.
Aeration and top dress of Bermuda Grass
Aeration and top dress with 518th tines at 2 — 2.5 inch spacing at least once a year for the first two
years. As the turf ages more organic material or thatch accumulates in the soil profile. The older the
grass, the more you should try and aerate to eliminate compaction and organics from the soil. It would
be ideal to pull plugs from aerating followed with a heavy topdressing. This should also be followed
with some sort of drag mat to push the sand into the aerated holes.
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Mulching
Plant Beds, jogging paths, parking lot heads, and all other mulched areas shall be mulched twice per
year (once in October and once in April/May). The mulch product shall be "Pro-Euc" and shall be
prepped prior to mulching so mulch allows percolation. Mulch will not be placed against trunks of
palms, trees, and plants. Mulch shall be kept six (6) inches away from the trunk of the tree or palm.
After application, mulch needs to be removed from impervious areas. The mulch shall be placed to
provide a three-inch (3" +) non -compacted or unsettled depth measured from the existing soil grade.
Touch ups may be required if there is a heavy rain.
Specialty plant beds in high traffic areas may utilize a mocha brown rubber vigoro mulch for aesthetics.
Native yard areas do not require annual mulching.
Mulching around the lake perimeter, in landscape beds, are also be included in the proposal. Proposal
will be provided if areas keep washing out and we need to replace with stone or other materials.
General Maintenance Recommendations
Royal Palms
Royal Palms shall be kept clean and free of brown fronds and or boots at all times. Support stakes on
royal palms planted with bougainvillea shall be removed in December, following hurricane season to
allow bougainvillea to grow around the trunks. Refer to bougainvillea section below. Fertilize as part
of regular fertilizer program.
Bromeliads
Blooming occurs in different stages, seasons and naturally the parent plant will slowly die after
blooming. As the parent plant slowly dies, offsets/pups will also grow to start over. Remove dead
parent plans every few months. Separate and plant new pups in areas where parent plans have
expended to infill beds to maintain full appearance.
The Neoregelia and Aechmea species were selected due to their full sun light tolerance. However,
extremely dry conditions can stress and cause blanching, sunburn spots or holes on leaves. Run
irrigation during dry conditions more frequently to keep roots moist and to prevent stress, Hand clip
stressed leaves during regular maintenance activities.
Fertilize with dilute, soluble fertilizer at about 118 to the strength on the label with a 20-10-20 (Peat
Lite Special) or 20-10-30 as per species requirements. Do not over fertilize in the winter months. Will
not allow bromeliads to become completely dried out.
Dombeya
Hard trim up to two times per year due to fast growing rate. Will hard trim at beginning of rainy season
to reduce weight and mass on plants during wind and rain events. Trim to 4' from ground. Maintain 6-
8' width and diameter when in full bloom.
Bougainvilla
Train to height of 8'-10' feet on Royal Palm Trunks (tallest possible to be maintained without use of
ladders) to create columns of color, foliage to ground. Support with ties around trunk (rope or dark
green tie tape). Check ties annually to ensure no girdling of trunk as palms mature. Power -sheer
bougainvillea during the summer. Cut no more than 1' off the trunk and trimmed at 6' to top.
Stop sheering from November until dune or beginning of summer rainy season. Cut stems/shoots that
extend 18" from trunk. Keep trimmed away from walkways. Once stakes are off the royal palms, train
some of the bottom vines to the sides (east and west) for full column effect.
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Bulbine
Deadhead spent flower stalks as needed. Will not over -water.
Perennial Peanut
Maintain weed free. Hand pull weeds. Edge runners along bed edges with metal edger. Will not apply
herbicide or maintain edges with herbicide. Mow once a year to height of 3" during rainy season.
Burle Marx Philodendron
Philodendron runners may need to be pruned back from overtaking specimen bromeliads or from
growing over landscape lighting from time to time. Will clip with hand pruners.
Stakes
Will remove all large tree and palm stakes and support ties within one year of installation. Remove
stakes on ornamental or specimens six months after installation or following hurricane season. If any
shifting or settling of root ball or trunk occurs inspect tree or shrub for health and quality. Remove and
replace any trees/shrubs that have root rot or defects.
Irrigation Pump System Preventative Maintenance
Work shall be performed four (4) times per year and will include the following:
1. General pump station cleaning — Exterior/Interior = Pressure wash/Vacuum
2. Inspect hydraulic connections and check for proper torque
3. Lubricate centrifugal pump bearings and inspect pump shaft seal for wear I leaks
4. Inspect fan, heater and pressure transducer/gauges and clean air filters
5. Inspect 1 torque electrical connections on pump controls
6. Test -run pump system to ensure proper operations from min. to max. flows
7. Confirm Variable Frequency Drive (VFD) parameters and tune as required
8. Pressure clean and inspect Auto -Flush Filter System (If equipped)
9. Inspect pump intake/discharge system, cleaning intake screen as needed
Notes:
1. Scope of work is limited to inspection of the irrigation pump system and warranty repairs.
2. Additional repairs identified during each inspection must be authorized by a representative of the
County.
3. Each inspection will be documented with a completed check list.
4. The Contractor is not responsible for electrical surge or existing damage caused by neglect.
5. Preventive Maintenance intervals shall be adjusted based on changes in site conditions.
6. The Contractor is not responsible for water source quality (i.e., debris, pH, staining and etc.).
7. The Contractor will respond within 36 hrs.(weekdays) to service requests outside of this
agreement.
Exhibit A-2 Janitorial Scope of Services
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Paradise Coast Sports Complex Janitorial
Location
Services
Days
Sq.
Feet
Event Specific; AS NEEDED; Labor/
supplies
Welcome Center Interior
3xs; MWF
6597
Event Specific: Before, during, & after
Welcome Center Exterior
Restrooms
7xs
848
Event Specific: Before, during, & after
Market Interior
3xs; MWF
553
Event Specific: Before, during, & after
Market Exterior Restrooms
7xs
798
Event Specific: Before, during, & after
Ticket Booth
3xs; MWF
143
Event Specific: Before, during, & after
Maintenance
3xs; MWF
3015
Event Specific: Before, during, & after
Satellite Restrooms
7xs
1811
Event Sp ecific: Before, during, & after
Cove Restrooms
7xs
132
JEvent Specific: Before, during, & after
Stadium 1"floor locker rooms
2xs; MF
2146
lEvent Specific: Before, during, & after
Stadium 111 floor exterior
restrooms
2xs; MF
3612
Event Specific: Before, during, & after
Stadium 2"d Level Restrooms
2xs; MF
271
Event Specific: Before, durin , & after
Stadium Suites & Main
Corridor
2xs; MF
3919
Event Specific: Before, during, & after
Stadium Elevator vestibules
and stairwells
2xs; MF
924
Event Specific: Before, during, & after
N/S Stadium Concessions
TBD
1102
Event Specific: Before, during, & after
Stadium Commissary_2xs;
MF
348
Event Specific: Before, during, & after
Stadium First Aid/Security
2xs; MF
393
Event Specific: Before, during, & after
Stadium total
TBD
12715
Event Specific: Before, during, & after
Daily General Tasks
• Empty all personal waste baskets, to be disposed of to the site's dumpster.
• Clean and vacuum all carpeted areas
• Remove any gum, tar, or other foreign matter from floors within 25' of entrance exterior
• Sweep and damp mop all hard surface floors
• Spot clean walls. Clean light switches, doors, handles, display cases, elevators/panels,
counters shelves and laminated plastic services.
• Clean and sanitize drinking fountains
Restroom Tasks
• Clean sinks with detergent/disinfectant
• Clean counters with detergent/disinfectant
• Supply and resupply paper towels, soap, toilet tissue, seat covers, feminine hygiene products,
etc.
• Clean all stall walls, doors, exposed tile, shower walls, and walls around urinals and toilets with
detergent/disinfectant
• Clean out urinal screens on a bi-weekly basis
• Clean toilets under basins, around toilets and urinals using detergent/disinfectant
• Damp wipe ledges
• Clean and polish mirrors, soap dispensers, washbasin, and all plumbing fixtures
• Sweep and then wet mop floors using detergent/disinfectant
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Clean all door handles inside and out
• Report any maintenance issues to the Collier County Maintenance supervisor
Entry
• Sweep and pick up inside and outside entrances within a radius of 25 ft.
• Empty and install new black or white liner bag in trash cans, if necessary.
• Clean entrance door handles, inside and outside
• Shake and sweep down exterior/interior floor mats
• Empty cigarette receptacles
• All doors, door handles, sliding and glass panels shall be cleaned with damp cloth
• Vacuum all pedigrid systems
• Clean all security blue boxes (Security call boxes that are located at most entrances to county
buildings).
Weekly General Tasks as part of the regular daily service
• Dust all horizontal (excluding desktops/monitors/phones) and vertical surfaces that are readily
available and visibly require it.
• Clean all doors, frames, kick and push plates with damp cloth
• Clean all NC vents reachable with extension rod
• Sweep and damp mop all stairs and landings
• Damp wipe ledges
• Clean and polish mirrors, soap dispensers, wash basin and all plumbing fixtures
• Sweep and then wet mop floors using detergent/disinfectant
• Clean all door handles, inside and out
• Report any maintenance issues to Collier County Maintenance Supervisor
Monthly General Tasks
• Dust all ceiling fans, top of bookcases, etc. anything reachable with an extension rod
• Wash/wipe down building lobby walls and high traffic areas, if necessary
• Wipe down all non -upholstered furniture
• Dust blinds (vertical and horizontal)
General Tasks: Quarterly (every 3 months) as part of daily service
• Strip and refinish all hard floors — including but not limited to hallways, lobbies, elevators,
restrooms, and open offices, etc. (schedule with building occupants)
• Clean all grout in tile flooring to maintain original grout color
General Tasks: Bi-yearly (Every 6 months) as part of daily service
• Vacuum office partitions (if necessary) T
Clean exterior V floor windows and interior windowpanes on all buildings
• Steam clean upholstered furniture as requested by County personnel within each facility.
• Truck mount or back pack hot water or steam extract all carpets and pedigrid systems in all
buildings or use dry cleaning method at client's request
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Detailed Cleaning Specifications
Detailed Specifications - The following information is a detailed explanation of the minimum expected
on each task.
Trash Removal
The Contractor shall include the cost of trash removal and the black or white plastic liners in its unit
price. The County shall provide dumpsters or compactors at each site. The Contractor shall provide
appropriate equipment for office trash removal to avoid the possibility of floor damage due to the
dragging of trash bags or containers through buildings. Any damage to carpets and floors caused by
dragging bags or containers will be repaired or replaced at the Contractor's expense. The Contractor
will immediately clean any dragging stains on carpet or concrete. No drag lines will appear while
emptying inside or outside garbage.
Recyclable Material Removal
The Contractor shall instruct its employees to ensure that all materials remain separated, as any mixing
of materials shall impair the possibility of recycling. All recycling shall be placed in outside receptacle,
loose, not in plastic bags, All recyclable materials and their revenues are the property of Collier County.
The removal of all recyclable materials shall conform to all applicable Federal, State, or Local laws.
Vacuuming Carpets
All carpeted areas shall be totally and completely vacuumed each service day( NO EXCEPTIONS)
leaving them free from visible dirt and debris. Special attention shall be paid to baseboards and
corners. All carpeted areas shall be vacuumed using motorized vacuum with brush/ beater bars with
a hepa- filter 0.3- micron filtration system and dual motors. The County requires that the system meets
or exceeds the stated vacuum requirements. Currently, all sites have vacuums that are available for
use until replacement is necessary, then the Contractor is responsible for replacement with appropriate
filtration system and must provide information on vacuum model to Facilities for approval. All stains
must be removed each night. If stain cannot be removed, the area stained shall be reported in writing
to the Maintenance Supervisor within twenty- four( 24) hours.
Basic Cleaning
All washable surfaces, including but not limited to office furniture, office partitions, counters, stainless
steel, around light switches, window sills, bulletin boards, shelves, display cases, laminated plastic
surfaces, elevators and elevator panel boards, shall be cleaned using a micro- fiber cloth dampened
in an all- purpose cleaner unless otherwise specified. All stair hand railings shall be cleaned weekly.
Stairs shall be swept and wet mopped weekly.
Interior! Exterior Glass Cleaning
All washable interior glass surfaces including but not limited to side panels, display case glass, glass
walls and doors, and security/ privacy glass shall be cleaned on service days by a cloth dampened in
a window cleaner. All 1st Floor exterior windows of each building shall be cleaned every six (6)
months, or more often if needed. The interior panes of windows shall be cleaned every six (6) months;
or more often if needed.
Entry Cleaning
Entrance area cleaning shall be performed on service days and shall include but is not limited to:
All doors, sliding glass panels, and side windows shall be cleaned with a cloth dampened with glass
cleaner.
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All debris including but not limited to paper, gum, leaves, cigarette butts and cobwebs shall be removed
daily, both on the inside and outside of the entrance including all porches up to twenty- five (25) feet
in front of EACH entrance.
All door and window frames, doorknobs and push bars (inside and outside) shall be cleaned with a
cloth dampened with an all-purpose cleaner. All pedigrid entry systems shall be vacuumed on service
days. All pedigrid entry systems shall be deep extraction cleaned twice per year,
Floor Mats
All floor mats located in either the exterior or interior of the facility shall be swept on service days.
Drinking Fountains
All drinking fountains are to be cleaned on service days with a germicidal cleaner. The entire drinking
fountain shall be free of streaks, stains, spots, smudges, scale and other obvious removable soil.
Sweeping/ Wet Mopping Hard Floors
All hard surface floors shall be swept, using a microfiber dust mop and then damp mopped on service
days. This includes but is not limited to elevator floors, restroom floors, office floors, and hallways. All
Community Center hard surface floors shall be swept, and damp mopped every service day. Warning
barricades (with dual language) shall be used always when any surface is damp.
A micro- fiber mop shall be used for sweeping. For damp mopping, an all- purpose cleaner or
germicidal cleaner shall be used.
Ash Receptacles
Wall -mounted ashtrays and floor -type ash receptacles within the area shall be emptied and returned
to their locations. The wall mounted and floor -type receptacles with removable ashtrays in public areas
shall be damp wiped with a cloth to remove evident soil. Any cigarette butts surround the receptacle
within 10' will be picked up and disposed of.
Dusting
All horizontal surfaces less than ten feet (10') above the floor that do not require being damp wiped
shall be dusted weekly using a microfiber dust cloth. No feather dusting allowed without exception.
All picture frames, clock face glass, and any surface under eight feet (8') above the floor shall be
dusted weekly. All AC vents (supply/ return) shall be cleaned weekly, if reachable with an extension
rod. All ceiling fans and tops of bookcases (with no items) shall be cleaned monthly, if reachable with
an extension rod.
Doors
All doors, door handles (front and back), door frames, and kick and push plates shall be cleaned every
service day, or more frequently if needed, using a dampened micro- fiber cloth.
All switch plates shall be cleaned including the area around them.
Spray Buff Hard Floors
All hallways, the and terrazzo floors shall be spray buffed every three( 3) months to maintain a high
glossy uniform finish on the floor. All movable furniture and objects shall be moved out of the area.
Locker and shower floors shall be scrubbed every three (3) months. County must be notified at least
five (5) business days prior to scheduled cleaning. All furniture, waste receptacles, etc. must be
returned to original positions after floors have been cleaned so employees can begin work the following
morning.
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Vending Machines
The surfaces of all vending machines, including the top, shall be cleaned weekly; or as needed.
Walls/ Baseboards
All walls and baseboards shall be spot washed as needed, unless otherwise specified in these
specifications.
Blinds
All mini -blinds, vertical blinds and horizontal blinds shall be dusted monthly using a damp micro -fiber
cloth or a vacuum cleaner with the proper attachment to remove all dust, smudges and dirt. No feather
dusting permitted without exception. After cleaning, the mini blinds shall be straightened and returned
to their original position.
Dry Clean Carp
Dry cleaning may be substituted by extraction at the Facility Manager's discretion. This is the preferred
method for cleaning small spots daily. County must be notified at least five (5) days prior to schedule
cleaning.
Strip& Refinish Hard Floors
The hard floors in all closed and open office areas, hallways, lobbies, elevators, and all restrooms
shall be stripped and refinished every three (3) months. Hosing of the floor shall not be permitted.
County must be notified at least five (5) days prior to schedule cleaning.
Furniture Fabric Cleaning
All non- upholstered furniture shall be cleaned monthly. All upholstered furniture shall be steam -
cleaned semi- annually as needed and requested by each individual division. Furniture surfaces and
legs shall be cleaned as required. The fabric found on office partitions shall be vacuumed bi- annually.
Deep Extraction Carpet Cleaning
All carpets shall be cleaned twice( 2) a year. All departments must be notified at least five (5) days
prior to scheduled cleaning.
Scheduling, Employee Work Hours and Wages
The Contractor shall be responsible for the scheduling of its employees to accomplish the tasks and
cleaning requirements specified in the Specified Tasks and Frequency Schedule at the times
designated by the building- cleaning schedules found in these specifications. Employee scheduling
shall be enough (7 days) to allow for compliance with the Specified Tasks and frequency schedule as
referenced above.
The Contractor has the prerogative to increase the number of employees on the job to ensure
compliance with the contract specifications, at no cost to the County.
Evening start- time for the Contractor personnel shall be at 5:00 pm, unless otherwise arranged or
designated. The Contractor' s employees shall not start earlier without the express consent from the
Facility Manager and the Contractor' s supervisory personnel. In the event of evening meetings being
conducted in County facilities, the Contractor shall be responsible for proper cleaning provided the
meetings end by 9:00 pm. When meetings end after 9:00 pm, the Contractor shall be responsible for
cleaning the area the next morning, with no deduction made from the Contractor's invoice.
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Recycling
Removal of recycling will take place on service days. All facilities, not on the main government
complex, must have exterior recycling containers, as per County ordinance, for use by the janitorial
staff or decide to remove recycling from the facility. Janitorial staff is not required to separate recycling
out of trash/ recycling containers nor breakdown boxes prior to removal. All recycling shall be placed
in outside receptacle, loose, not in plastic bags.
Attachment B: Supplies and Equipment Sp
ecifications
It shall be understood and agreed that all services, materials and equipment shall comply fully with all
Local, State and Federal laws and regulations.
General Specifications
All equipment and supplies shall be Green Seal Certified, where applicable. Any changes must be
approved by the Facilities Director or his designee. Changes can be requested by the Facilities
Director or his designee. Proof, by invoice or packing slip, shall be shown to Facility Manager that
acceptable supplies are provided, Through the use of cleaning products and/ or chemicals, the
Contractor is representing to the County that it has the experience and Knowledge to prevent use of
such supplies/ chemicals singularly or in combination in such a manner to pose or cause a risk or
threat of actual harm to the public, Contractor' s employees or the County' s employees.
Reference of Green Seal Certified Products: https:// greenseal. org/ certified- products- services.
Supplies
The following supplies shall be provided by the Contractor and installed in the proper locations, and
shall conform to GREEN SEAL
CERTIFICATION: https:// ereenseal. ore/certified- products- services:
a. Toilet tissue shall be two- ply— GS- 1
b. Paper towels shall be multifold, center pull, roll, etc.-- GS- 1
c. Hand soap. GS- 41
d. Trash liners--- Black or white liners for trash and clear liners for recycling
e. Urinal floor screens
f. Toilet Seat Covers
g. Feminine Hygiene products---- Guards# 147 or equivalent; Women' s sanitary product
Revenues to be kept by Contractor)
h. Hand Sanitizer for dispensers
i. Wax bags
j. Batteries for dispensers
Germicidal Cleaner
Germicidal cleaner shall be Green Seal Certified, if appropriate. The product shall not cause any
surface deterioration when used properly and shall not cause color to bleach or bleed. All containers
shall be labeled with the hazardous agent noted and necessary precautions indicated. Bleach may be
used at approved locations.
All -Purpose Cleaner
The cleaner shall be made from Nigh quality soaps, abrasives and disinfectant agents, uniformly
mixed. It shall not cause colors to bleach or bleed. The all-purpose cleaner shall be Green Seal
Certified, if appropriate.
Stainless Steel Cleaner
Stainless Steel Cleaner shall be Green Seal Certified, if appropriate.
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Bowl Cleaner
Bowl cleaner shall be chemically effective for removal of scale, film, plumbers stone or organic
material. It shall also clean and deodorize without damaging the finish or fittings.
The bowl cleaner shall be Green Seal Certified, if appropriate.
Glass Cleaner
Glass cleaner shall be a blend of synthetic organic detergents, alcohols, solvents, and germicidal
components; it shall not contain any perfume, ammonia or inorganic alkalis.
The glass cleaner shall be Green Seal Certified, if appropriate.
Floor Finish, Sealer, and Stripper
All specifications for floor finishes, sealers, and strippers shall conform to the manufacturer' s
instructions. Floor finish shall be completely waterproof within twelve (12) hours after application. Floor
finish shall be non- yellowing on the floor and should be milk white in the original container rather than
tan. Floor finish shall be Green Seal Certified, if appropriate.
Cleaning Equipment
All rotary machines used for buffing purposes shall be hi- speed machines. When dusting is required,
micro -fiber cloths and equipment shall be used. Feather dusting is not permitted, Micro -fiber mops
shall be used to eliminate the scattering of dust.
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Exhibit B
Performance Criteria
The Contractor shall provide the following supporting documentation to substantiate the
following activities for reimbursement:
Deliverable 1: Maintain staff and compensation per Exhibit D Contractor's Compensation
and Exhibit E Pro -Forma and as outlined in the Complex Operating Manual. Progress and
detail of this deliverable will be evidenced by providing the County with a monthly payment
record, including a direct deposit transaction detail report for each employee receiving
payment during the period. All such monthly records/reports shall be provided to the County
by the close of business no later than five (5) days after the end of each month.
Deliverable 2: Provide a monthly report of all receipts to support the expenses being
submitted for reimbursement and a transaction detail report. All such monthly records/reports
shall be provided to the County by the close of business no later than five (5) days after the
end of each month.
Deliverable 3: Maintain and update a search engine optimized website and social media
accounts that highlight the Complex, Collier County, and the Paradise Coast region.
Each month the Contractor will provide an analytics report for the period along with
Deliverables 1 and 2. All such monthly records/reports shall be provided to the County by
the close of business no later than five (5) days after the end of each month.
Deliverable 4: Contractor shall provide a quarterly review of the Complex, including the
events held at the Complex during the quarter, a look ahead to the next quarter, and a
profit and loss statement. This profit and loss statement will calculate the quarterly
remittances to the County. This report will be prepared and submitted within 30 days of the
conclusion of the quarter. The Contractor shall present each quarterly report to the Tourist
Development Council at its next available meeting, or the earliest date thereafter at the
convenience of the Council's agenda.
Deliverable 5: Development and submission of a preliminary annual budget for the
following fiscal year by May 111 of each year for review for inclusion in the County budget
process.
Deliverable 6: Submittal of an annual business plan for the Complex by October 31 after
theclosing of each fiscal year. The annual report shall include a year-end review of the
concluding year and goals, and also outline the budget, and strategy for the upcoming
fiscal year. The annual business plan will be presented to the Tourist Development
Council and Board of County Commissioners at the next available meeting.
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Exhibit C
Additional Terms and Conditions
ARTICLE 1
DEFINITIONS
1.1. Definitions. For purposes of this Agreement, the following terms have the meanings
referred to in this Section:
Affiliate: A person or company that directly or indirectly, through one or more intermediaries,
controls or is controlled by, or is under common control with, a specified person or company.
Capital Improvements: All expenditures for building additions, alterations, repairs or
improvements, and for purchases of additional or replacement furniture, machinery, or equipment,
where the cost of such expenditure is greater than Five Thousand Dollars ($5,000) and the
depreciable life of the applicable item is, according to generally accepted accounting principles, in
excess of five (5) years.
Event of Force Majeure: An act of God, fire, earthquake, hurricane, flood, riot, civil
commotion, terrorist act, terrorist threat, storm, washout, wind, lightning, landslide, explosion,
epidemic, inability to obtain materials or supplies, any law, ordinance, rule, regulation, or order of
any public or military authority stemming from the existence of economic or energy controls, hostilities
or war, a labor dispute which results in a strike or work stoppage affecting the Complex or services
described in this Agreement, or any other cause or occurrence outside the reasonable control of the
party claiming an inability to perform and which by the exercise of due diligence could not be
reasonably prevented or overcome.
Existing Contracts: Service Contracts, Revenue Generating Contracts, and other
agreements relating to the day-to-day operation of the Facilities existing as of the Commencement
Date.
FF&E: Furniture, fixtures, and equipment to be procured for use at the Facilities.
General Manager: The employee of Contractor acting as the full-time on -site general
manager of the Facilities.
Laws: Means all applicable laws, statutes, rules, regulations and ordinances.
Management -Level Employees: The General Manager, Marketing Coordinator, Director of
Operations, Business Development and Events Director, Tournament/Sports Coordinator, Local
Programming/Sports Coordinator, Marketing Coordinator, Director of Food & Beverage/Retail, Food
Service Coordinator, Retail Coordinator, Finance Manager, and Administrative Support,
Operating Budget: A line -item budget for the Complex that includes a projection of
Revenues and Costs, presented on a monthly and annual basis.
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Operating Year: Each twelve (12) month period during the Term, commencing on October
1 and ending on September 30, provided that the first Operating Year shall be a shortened year
commencing on the Commencement Date and ending on September Wh of that year and the last
Operating Year shall be a shortened year, ending upon the expiration of this Agreement.
Payroll Account: A separate account in the name of Contractor at a Florida licensed bank
through which all Complex staff and other personnel employed by Contractor (including related
payroll taxes), or engaged by Contractor as an independent contractor, are paid.
Revenue Generating Contracts: Vendor, concessions and merchandising agreements,
user/rental agreements, booking commitments, licenses, and all other contracts or agreements
generating revenue for the Complex and entered into in the ordinary course of operating the Complex.
Service Contracts: Agreements for services to be provided in connection with the operation
of the Complex, including without limitation agreements for consulting services, ticketing, web
development and maintenance, computer support services, FF&E purchasing services, engineering
services, electricity, steam, gas, fuel, general maintenance, HVAC maintenance, telephone, staffing
personnel including guards, ushers and ticket -takers, extermination, elevators, stage equipment, fire
control panel and other safety equipment, and other services which are deemed by Contractor to be
either necessary or useful in operating the Complex,
Taxes: Any and all governmental assessments, franchise fees, excises, license and permit
fees, levies, charges and taxes, of every kind and nature whatsoever, which at any time during the
Term may be assessed, levied, or imposed on, or become due and payable out of or in respect of,
(i) activities conducted on behalf of the Owner at the Complex, including without limitation the sale of
concessions, the sale of tickets, and the performance of events (such as any applicable sales and/or
admissions taxes, use taxes, excise taxes, occupancy taxes, employment taxes, and withholding
taxes), or (ii) any payments received from any holders of a leasehold interest or license in or to the
Complex, from any guests, or from any others using or occupying all or any part of the Complex, but
excluding any such fees, levies, charges, and taxes that pertain solely to the Contractor's business
operations, and the employment of its personnel.
ARTICLE 2
OWNERSHIP; USE OF THE COMPLEX
2.1 Ownership of Complex, Data, Equipment and Materials. Owner will at all times
retain ownership of the Facilities, including but not limited to real estate, technical equipment,
furniture, displays, fixtures and similar property, including improvements made during the Term, at
the Complex. Any data, equipment or materials furnished by Owner to Contractor or acquired by
Contractor as Fixed Costs shall remain the property of Owner and shall be returned to Owner when
no longer needed by Contractor to perform under this Agreement. Notwithstanding the above, Owner
shall not have the right to use any third -party software licensed by Contractor for general use by
Contractor at the Complex and other facilities managed by Contractor, the licensing fee for which is
proportionately allocated and charged to the Complex as a Fixed Costs; such software may be
retained by Contractor upon expiration or termination hereof.
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2.2 Right of Use by Contractor. The Owner hereby gives Contractor the right and license
to use the Complex for the Term, and Contractor accepts such right of use, for the purpose of
performing the services herein specified, including the operation and maintenance of all physical and
mechanical facilities necessary for, and related to, the operation, maintenance and management of
the Complex. The Owner shall provide Contractor with a sufficient amount of suitable office space in
the Complex (exact office space to be mutually agreed by the parties) and with such office equipment
as is reasonably necessary to enable Contractor to perform its obligations under this Agreement. In
addition, the Owner shall make available to Contractor, at no cost, parking spaces adjacent to the
Complex for all of Contractor's full-time employees and for the Complex's event staff.
2.3 Right of Use of Staff by Contractor. Contractor shall have the right to utilize its
employees as needed to support Contractor's organization as a whole, including but not limited to
travel for training and temporary staffing coverage. Contractor shall have the right to utilize the
Complex to host events for its employees from time to time for the purpose of learning and
development, at no cost to the operational budget other than that incurred by the staff who are
regularly stationed at the Complex.
2.4 Observance of Agreements. The Owner agrees to pay, keep, observe and perform
all payments, terms, covenants, conditions and obligations under any leases, bonds, debentures,
loans and other financing and security agreements to which the Owner is bound in connection with
its ownership of the Complex.
ARTICLE 3
PERSONNEL
3.1 Generally. All Complex staff and other personnel shall be engaged or hired by
Contractor in its sole discretion, except that Owner shall preapprove the employment of the General
Manager, and shall be employees, agents or independent contractors of Contractor, and not of the
Owner. Contractor agrees that upon a written request by Owner to remove and replace the General
Manager, as long as the reasons for the request are non-discriminatory and not otherwise unlawful,
it will engage in cooperative discussions with Owner to remedy Owner's concerns; failing which,
Contractor will replace the General Manager within an agreed upon reasonable period of time,
Contractor shall select employees, in its sole discretion but subject to Owner's right to approve the
Operating Budget. The Operating Budget shall define the number, function, qualifications, and
compensation, including salary and benefits, of its employees and shall control the terms and
conditions of employment (including without limitation termination thereof) relating to such
employees. Contractor agrees to use reasonable and prudent judgment in the selection and
supervision of such personnel.
3.2 Employment Matters. The Contractor shall present the then current staffing, and all salaries
and payments to employees through the Payroll Account in the Contractor's Annual Budget. It is
understood by all parties that reductions and additions to various positions may be made at
Contractor's discretion throughout the year due to business tempo, trends, opportunities, and budget
requirements. If a change is recommended that will require expense above the budget, the change
will be submitted for Owner's review and approval per Section 31 of the Agreement.
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ARTICLE 4
PROCEDURE FOR HANDLING INCOME
4.1 Business Income. Except as otherwise agreed to by the parties in writing all Revenue
derived from operation of the Complex shall be deposited by Contractor into the Operating Account
at a Florida licensed bank, as soon as practicable upon receipt (but not less often than once each
business day). The specific procedures (and authorized individuals) for making deposits to and from
such account shall be set forth in the Operating Manual.
4.2 Accounting Records and Reporting. During the Term, Contractor shall maintain
professional accounting records. Contractor shall provide the financial statements in a format
reasonably specified by Owner.
4.3 Internal Control. The Contractor agrees to develop, install, and maintain reasonably
appropriate accounting, operating, and administrative controls governing the financial aspects of the
Complex, such controls to be consistent with professionally accepted accounting practices.
ARTICLE 5
COMPLEX CONTRACTS; TRANSACTIONS WITH AFFILIATES
5.1 Existing Contracts. The Owner shall provide to Contractor, on or before the Commencement
Date, full and complete copies of all Existing Contracts. Contractor shall administer and use
reasonable commercial efforts to assure compliance with such Existing Contracts to the extent
provided to Contractor.
5.2 Execution of Contracts. Contractor shall negotiate, execute (in Contractor's own name,
except as otherwise provided herein), deliver and administer any and all programming, rental
agreements, booking commitments, advertising agreements, concession agreements,
supplier agreements, service contracts (including, without limitation, contracts for cleaning,
decorating and set-up, general maintenance and maintenance and inspection of HVAC
systems, elevators, stage equipment, fire control panel and other safety equipment, staffing
and personnel needs, including guards, and other services which are necessary or
appropriate) and all other contracts and agreements in connection with the management,
promotion, and operation of the Complex. In addition to the foregoing, the County may
prescribe after the date hereof certain other guidelines pertaining to Contractor's contracting
rights hereunder which are designed to preserve the tax-exempt status of the bonds issued
to finance the construction of the Complex or to ensure that the Complex is operated in
accordance with the County's policies and applicable law, and in such event, Contractor will
comply with those guidelines. In connection with any programming, licenses, agreements,
commitments or contracts for the Complex, Contractor will ensure that such documents
provide for the fact that Contractor has the right to assign all of its rights and obligations
under such licenses, agreements, commitments and contracts to the County (or to any
successor management company retained by the County) upon the expiration or termination
of this Agreement, and upon such expiration or termination, Contractor shall make such
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assignment in a form reasonably acceptable to the County and the County will accept such
assignment of rights and assumption of obligations.
5.3 Transactions with Affiliates. In connection with its obligations hereunder relating to the
purchase or procurement of services for the Complex (including without limitation food and beverage
services, ticketing services and Commercial Rights sales), Contractor may purchase or procure such
services, or otherwise transact business with, an Affiliate of Contractor, provided that the prices
charged and services to be rendered by such Affiliate are established as the lowest priced and/or
best value based upon competitive bids solicited from other providers seeking to render such services
at the Complex. Contractor shall provide all documentation from the proposed service providers
relating to the procurement and solicitation of goods and services.
ARTICLE 6
AGREEMENT MONITORING AND GENERAL MANAGER
6.1 Contract Administrator. Each party shall appoint a contract administrator who shall monitor
such party's compliance with the terms of this Agreement. Contractor's contract administrator shall
be its General Manager at the Complex unless Contractor notifies Owner of a substitute contract
administrator in writing. Owner shall notify Contractor of the name of Its contract administrator within
thirty (30) days of execution hereof. Any and all references in this Agreement requiring Contractor or
Owner participation or approval shall mean the participation or approval of such party 's contract
administrator, subject to the requirements of the then current Collier County Procurement Ordinance
and other applicable Florida law.
ARTICLE 7
COVENANTS AND REPRESENTATIONS
7A Owner's Covenants and Representations. Owner makes the following covenants and
representations to Contractor, which covenants, and representations shall, unless otherwise stated
herein, survive the execution and delivery of this Agreement:
a) Owner's Status. Owner is a political subdivision of the State of Florida duly organized, validly
existing, and in good standing under the laws of the State of Florida with full power and
authority to enter into this Agreement and execute all documents required hereunder.
b) Authorization. The making, execution, delivery, and performance of this Agreement by Owner
has been duly authorized and approved by requisite action and this Agreement has been duly
executed and delivered by Owner and constitutes a valid and binding obligation of Owner,
enforceable in accordance with its terms and applicable laws.
c) Effect of Agreement. To Owner's best knowledge, without duty of inquiry, neither the execution
and delivery of this Agreement by Owner nor Owner's performance of any obligation
hereunder: (i) will constitute a violation of any law, ruling, regulation, or order to which Owner
is subject; or (ii) shall constitute a default of any term or provision or shall cause an acceleration
of the performance required under any other agreement or document (A) to which Owner is a
party or is otherwise bound, or (t3) to which the Complex or any part thereof is subject.
d) Ownership Rights. Owner shall obtain and retain the property interests in the Complex
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necessary to enable Contractor to perform its duties pursuant to this Agreement peaceably
and quietly. Owner represents and warrants that Contractor's performance of the services
required by this Agreement shall not violate the property rights or interests of any other Person.
e) Documentation. If necessary, to carry out the intent of this Agreement, Owner agrees to
execute and provide to Contractor, on or after the Effective Date, any and all other instruments,
documents, conveyances, assignments, and agreements which Contractor may reasonably
request in connection with the operation of the Complex.
72 Contractor's Covenants and Representations. Contractor makes the following covenants
and representations to Owner, which covenants and representations shall, unless otherwise stated
herein, survive the execution and delivery of this Agreement:
a) Corporate Status. Contractor is a limited liability company duly organized, validly existing, and
in good standing under the laws of the State of Florida and authorized to transact business
throughout the United States with full corporate power to enter into this Agreement and
execute all documents required hereunder.
b) Authorization. The making, execution, delivery, and performance of this Agreement by
Contractor has been duly authorized and approved by all requisite action of the board of
directors of Contractor, and this Agreement has been duly executed and delivered by
Contractor and constitutes a valid and binding obligation of Contractor, enforceable in
accordance with its terms and applicable laws.
c) Effect of Agreement. To Contractor's best knowledge, without duty of inquiry, neither the
execution and delivery of this Agreement by Contractor nor Contractor's performance of any
obligation hereunder (i) will constitute a violation of any law, ruling, regulation, or order to
which Contractor is subject; or (ii) shall constitute a default of any term or provision or shall
cause an acceleration of the performance required under any other agreement or document
to which Contractor is a party or is otherwise bound.
ARTICLE 8
MISCELLANEOUS
8.1 Relationship. Contractor and Owner shall not be construed as joint venturers or general
partners of each other, and neither shall have the power to bind or obligate the other party except as
set forth in this Agreement. Contractor understands and agrees that the relationship to Owner is that
of independent contractor, and that it will not represent to anyone that its relationship to Owner is
other than that of independent contractor. Nothing herein shall deprive or otherwise affect the right
of either party to own, invest in, manage or operate property, or to conduct business activities, which
are competitive with the business of the Complex. Contractor covenants and agrees that even though
it may have a management responsibility for other similar properties, which from "time to time" may
be competitive with the Complex, Contractor shall always represent the Complex fairly and deal with
Owner on an equitable basis.
8.2 Licenses. Contractor agrees to obtain and maintain throughout the period of this Agreement
all such licenses as are required to do business in the State of Florida and in Collier County, Florida,
including, but not limited to, all licenses required by the respective state boards and other
Page 41 of 45
Packet Pg. 582
11.C.f
governmental agencies responsible for regulating and licensing the professional services to be
provided and performed by Contractor pursuant to this Agreement.
8.3 Contractor agrees that, when the services to be provided hereunder relate to a professional
service which, under Florida Statutes, requires a license, certificate of authorization or other form of
legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to
provide such services to Owner.
8.4 Benefits and Obligations. The covenants and agreements herein contained shall inure to
the benefit of, and be binding upon the parties hereto and their respective heirs, executors,
successors, and assigns.
8.5 Force Majeure. Any delays in the performance of any obligation of Contractor under this
Agreement shall be excused to the extent that such delays are caused by Acts of Nature and other
causes falling within the definition of force majeure as defined herein that are not within the control
of Contractor. In such instances, and any time periods required for performance shall be reasonably
extended accordingly, subject to advance notice and approval by the Owner.
8.6 Intellectual Property. Owner acknowledges that Contractor has certain intellectual property,
trade secrets and proprietary business techniques ("Intellectual Property ") that it will on behalf of
Owner to meet its obligations under this Agreement. Owner acknowledges that it obtains no
ownership rights whatsoever in the Intellectual Property and, upon termination of this Agreement,
Contractor shall retain all rights to the Intellectual Property and remove such Intellectual Property
from the Complex and its operations. For purposes of this Agreement, the term Intellectual property
shall include, without limitation, analytical tools and documented procedures for forecasting,
performance tracking, operational and marketing systems that are unique to Contractor's approach,
staff training programs, program curriculum and agendas, rights to certain discounts or programs that
Contractor has negotiated for Contractor -operated facilities, and other intellectual property which
Contractor has previously introduced to the Complex and of which Contractor is an author.
8.7 Surrender of Premises. Upon termination of this Agreement (termination shall, for all
purposes in this Agreement, include termination pursuant to the terms of this Section 19 and any
expiration of the term hereof), Contractor shall surrender and vacate the Facility upon the effective
date of such termination. The Complex and all equipment and furnishings shall be returned to the
County in good repair, reasonable wear and tear excepted. All reports, records, including financial
records, and documents (including computer data) maintained by Contractor at the Complex or
elsewhere relating to this Agreement shall be immediately surrendered to the County by Contractor
upon termination. The County, at its cost and within thirty (30) days after such expiration or other
termination, shall remove all signage relating to Contractor and its Affiliates.
8.8. Use of Facility at Direction of County. The County shall have the right to use the Complex
or any part thereof, upon reasonable advance notice and subject to availability in accordance with
the procedures to be established in the booking policy, which shall be provided to the County
within 30 days of the effective date of the Agreement; and, subject to the County's approval,
it being recognized that booking a County event during times that are reserved and being marketed
for possible tournaments, camps, clinics, rentals, and other events will lessen the projected revenues
and increase the odds of operating losses.
Page 42 or45
Packet Pg. 583
11.C.f
Exhibit D
Contractor Compensation
No Management Fee
Page 43 of 45
CN-
Packet Pg. 5 47
11.C.f
Exhibit E
Pro -Forma
The Management Services Incentive Pricing Structure is 100% incentive based without the
standard, flat management fee. As venues open with their first game, the revenue split to
SFP Naples will reduce according to the scale below and applied to all revenues received on
that date going forward.
Vaillueso0riW�W�A
U T 1'
S Multipurpose Fields
15tk
Wotal Mulli t1r ose Fields
14%,
11 or more additional Base ball/Softbal f Fields
124
6Court orlarger indoor Facilify
1034
Paradise Coast Sports Complex-P&1
No Management Fee %oI Gross Revenue Reducing
-Total Yr1
Total Yr2
Total Yr3
Total Yr4
-Total Yr6
-
'Total Yr7
'Total Yr8
"Total Yr9
Total Yr 10
Venues Opener
5Rectangle
10 Rectangle
4Dosebatl -
"+indoor -
-^ All `All
--' All
"All -
"-All
PCSC Grass Income
Registration, Gate, Housing, F&8, Sponso,shlps, Merch
RevShare-5 Rectangular
5 2,480,675
5 172,965
S -
5
$ -
E2,121,079
5RevShare-10
Rectangular
5 -
5 4,295,S15
S 5,587,227
5 6,277,116
5 7,361,57554
5 8,116,137
$ 8,359,621
S 8,610,410
S 8,868,722
RevShare-Indoor Facility
5 -
5 -$
5 1,044,507
5 1,582,31779
S 2,227.133
S 2.338,490
S 2,408,645
$ 2.480,904
RevShare-RasebAl
5
5
$ 1,602,892
5 2,345,789
$ 2,642,35341
$ 1,225,791
5 3,451,596
$ 3,624,176
$ 3,805,385
Total Income
$ 2,400.875
$-4,669,480
$ 7,190,119
$-9,667,413
$ 11,986,25074
$ 13,569,061
$ 14,149,707
$ 14,643,230
$ 15,155,010
SFP Naplesincomc
Tournament/Event Income
Menagemenl Fee
Rev Share-5 Rectangular
$ 372,131
5 55,945
5 -
S -
$ -
5 -
Rev Share -to Rectangular
$ -
5 601,372
S 682,120
5 676,599
$ 685,439
5 734,490
S 771,214
$ 809,775
$ 834,068
$ 859,090
Rev Share Indoor Facility
$
5
$
5 104,451
f 199,232
S 212,108
$ 222,713
$ 233,849
$ 240,864
$ 248,090
Rev Share-a=11AI
$
5
$ 192,347
5 281,A 95
$ 317,083
$ 355,133
$ 387,095
$ 414,192
$ 434,901
5 456,646
Total Income
$ .372 131
$ 657,317
$ 874,467
1S 1,062,644
$ 1,201,754
$ '1,301,731
$ 1,381,023
S _1,457,816
1$ 1,509,834
$ 1,563,827
15%
14%
12%
1116
lu%
toy
1011%
10%
10% 10%
%ot Grass Re-oc
Event Operating Expenses (COGS)
Game Supporl
5 655,508
$ 1.255.302
51,430.592
$ l,S5R,600
$ 1,615,990
S 1,656.390
$ 1,647,799
$ 1,141114
$ 1,7a3,750 $ 1,828,344
Merchandise
$ 17,300
$ 33,120
$ 141,960
$ IRS 111'
S 330,46al
$ 338,728
$ 947,196
$ 355,a76
5 3fi4,773 $ 373,842
Events COGS
5 327354
$ 677
1,S67135HA
64
,.
,243
1,739674
S i,8793,i861,827,745
Costs
S 467.490
695,652
1,6999
2,459,752
231
1 04
$ 2,912,113
46F&B
PA staff
$ 620,219
5 6188,342
$ 1,299,079
5 I,523,712
$ 1,713,377
$ 1,756,211
$ 1,800,126
S 1,845,119
S 1,891,247 $ 1,938529
Total COGS
$ 2,088,270.:$
4,000,667.
$ 5,962180
-$`7,269,659
$7,849,t76
$-8,045,406
$ `6,246,541
$'8,452,704
$-8,664,022
$'8,880,622
Farilltiesfixed Costs
Advertlsting&Ma,ketlng
$ 81,500
$ 85,588
$ 129,157
$ 178,790
$ 192,439
$ 197.250
$ 202,181
$ 207.236
$ 212,417 $ 217,727
Background Checks
$ 11,1115
$ 17,110
$ 17,391
$ 22,826
$ 23,391
$ 23,982
$ 24,581
$ 25,196
$ 25,826 $ 26,471
Bank Charges
S 332
$ 340
$ 499
$ 661
$ 678
$ 695
$ 712
$ 130
$ 748 $ 767
Computer Expense
$ 2,881
S 2.953
5 n,264
$ 5,620
5 5,761
$ 5.905
$ 6,053
$ 6,204
$ 6,359 $ 6,519
Contract Labe,
$ 38.432
S 39,392
5 59.392
$ 80,977
$ 62,899
$ 84,972
$ 87,096
$ 99.273
$ g1,505 $ 93,793
Courier
$ 1,8B2
$ 1,929
S 2,722
S 3,540
$ 3,629
5 3,719
$ 3.812
$ 3,90a
$ 4,005 $ 4,105
Credit Card Fees
$ 5,325
$ 5,459
5 8,345
$ 11,304
$ 11,586
5 11,876
5 12,173
5 12.477
$ 12,789 $ 13,109
Dues&Subscriptions
$ 12,552
$ 12,866
S 19,418
5 26,153
$ 26,807
5 27,477
$ 25,164
$ 28,869
$ 29,590 $ 30.330
Fvents -Fan Fare
$ 9,917
$ 10,165
$ 15,304
$ 25,312
S 29,725
5 30,468
$ 31,230
$ 32,010
$ 32,811 $ 33,631
lnsuran ea
$ 158,576
$ 162,540
$ 245,666
5 372,585
5 421,340
$ 431,882
$ 442,679
$ 453,746
5 465,089 5 476,717
11nnorial{NMj
$ 2a,0un
$ 33,483
$ 41,040
$ 53,411
$ S8,527
$ 59,990
$ 61,490
$ 53,027
$ 64,603 5 66,218
Landscaping [New)
$ 109,300
$ 130,705
$ 160,204
$ 2 31,21 4
$ 276,447
$ 283,358
$ 190,442
$ 297,703
$ 305,146 $ 312,775
Maintenance
$ 287.998
$ 295,198
$ 449,776
$ 616,594
5 647,609
S 653,800
6 690, 395
$ 517,404
$ 714,839 $ 732,110
Medical Expense
$ 1.989
$ 2,038
$ 3.089
$ 4,166
$ 4,271
$ 4,377
$ 4,487
$ 4,599
$ 4,714 $ 4,832
MMormen Equipt
$ 29.164
5 29,993
$ 44,228
$ 154,115
5 177,989
$ 177,313
$ 191,746
$ 186,290
5 110,947 $ 195,721
Miscellaneous
$ 68,341
$ 70.050
$ 205.531
5 180.970
5 192,544
$ 191,357
$ 202,291
$ 207,349
S 212,532 S 2 V,846
Of Ike Expense
$ 9,494
S 9.731
$ 14.431
$ 97,275
S 209,105
$ Z14,496
$ 219,797
$ 225, 291
$ 230,424 5 236,697
payroll
$ 411:611
$ 487,491
$ 709.80H
$ 1.172,967
$ 1,456 673
S 1,493,090
5 1,530,417
$ 1,569,671
$ 1,607,t194 $ 1,648,092
PO5/Revel Hosting
$ 26.226
$ 26,882
S 40,554
5 54,5"
$ 55,932
S 57,330
5 SS,763
$ 60232
$ 61,738 $ 63,282
postage
$ 567
$ 591
$ 838
$ 1,109
$ 1,136
5 1,165
$ 1,194
S 1,224
$ 1,254 $ 1,286
prolessio,W Fees
$ 10,265
5 10,522
5 15,785
$ 24444
S 25.6m
S 26,246
S 26.902
$ 27,574
$ 29,264 $ 28,979
StaNTeam Equl pment
S 904
5 927
5 1,377
$ 1.861
5 1,907
$ 1,955
5 2.004
S 1,054
$ 2,105 $ 2,154
Telephnne0ala
$ 2,923
$ 2,996
5 4,521
5 6,084
S 6,236
5 6,392
$ 6.551
S 6,715
5 1,883 $ 7,055
Travel
$ 63,601
$ 65,191
5 81,343
5 98,377
$ 100,836
5 103,357
$ 105,941
S 108,590
$ 121.304 5 114.087
Uniform
$ 7,910
$ a, 169
5 12,100
$ 26,702
$ 34,420
5 35,280
$ 36,162
5 37,066
$ 37,993 $ 38,943
Total Fixed Expenses
$ 1,447,555
$ 1,507,194
S 2,160,783
$ 3,451,550
$ .4,042,606 1 $ 4,143,671
$-4,247,263 1 $ '4,353,445. $-4,462,281.1 $-4,573,838.
Page 44 of 45
Packet Pg. 585
11.C.f
Key Personnel and Hourly Rates
Exhibit F
Year 1
Position
Salary
Benefits
Total
General Manager
85,000
17,000
102,000
Asst. General Mgr.
70,000
14,000
84,000
Sports Manager 1
52,000
10,400
62,400
Sports Manager 2
45,000
9,000
53,000
Hospitality Manager
75,000
15,000
90,000
F & B. Manager
65,000
13,000
78,000
Business Development
60,000
12,000
72,000
Park Superintendent
65,000
13,000
78,000
Maintenance Manager
50,000
10,000
60,000
Total:
567,000
113,400
680,400
Year 2
Position
Salary
Benefits
Total
Same
Increase of 2.5%
Total:
Note: Our proforma outlines the additional needs of managers (key personnel) as additional
phases come online. Baseball/Softball and the addition of the Indoor. Will add into annual
budget submissions as phases are completed. Additionally, anticipate 2.5% annual increase
per position.
Years 3+
Position
Salary
Benefits
Total
Sarre with add
depending on phase
additions
Total:
Page 45 of 45
Packet Pg. 586