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Agenda 10/25/2022 Item #16D 3 (To obtain Board approval to terminate for convenience Revenue Generating Agreement Nos.20-7707R and 21-7836 with SSG Recreation Inc)SEE REVERSE SIDE Proposed Agenda Changes Board of County Commissioners Meeting October 25, 2022 Correct the placement of Item 16F1 to now be 16A14: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $184,500 which was posted as a guarantee for Excavation Permit Number PL20200000738 for work associated with Tree Farm. (District 3) (Staff’s request) Add on Item 5C: Tax Collector presentation on the return of unused fees and Hurricane Ian discussion. (Staff’s Request) Add-on Item 10A: Recommendation to approve a Fifth Amendment to the Long-Term Lease and Operating Agreement for the Golf and Entertainment Complex (the “Lease”) with CC BSG Naples, LLC (“BigShots”) to Extend the Financing Contingency Period to April 30, 2023, to allow for additional financing to be secured. (Commissioner Saunders’ Request) Continue Item 16D3 to the November 8, 2022, BCC Meeting: *** This Item continued from the September 27, 2022, BCC Meeting. *** Recommendation to terminate for convenience of Revenue Generating Agreements 20-7707R and 21- 7836, with SSG Recreation Inc., as the concession service provider at Tigertail Beach and Barefoot Beach. (District 1, District 2) (Staff’s Request) Notes:  A signed agreement for item 16D4 was received after the agenda was published and will be provided for the Court Reporter: Recommendation to approve the award Request for Proposal (RFP) No. 19-7657, “Parks Activity Management Software Solution”, to Active Network LLC, and to authorize the Chairman to sign the attached agreements. (All Districts). TIME CERTAIN ITEMS: Item 5C to be heard immediately following Item 5B Item 11F to be heard at 10:00 AM: Goodwill partnership with Collier County for renovations and improvements to the East Naples location for the Collier County Community Resource Center. Item 11E to be heard no sooner than 2:00 PM: Update on the rock crushing activities on the property located at the southeast corner of Santa Barbara Blvd and Davis Blvd. 11/3/2022 9:50 AM 10/25/2022 EXECUTIVE SUMMARY Recommendation to terminate for convenience Revenue Generating Agreement No. 20-7707R for “Tigertail Beach Concession Services,” and No. 21-7836 for “Barefoot Beach Concession Service,” with SSG Recreation, Inc. OBJECTIVE: To obtain Board approval to terminate for convenience Revenue Generating Agreement Nos. 20- 7707R and 21-7836 (collectively, the “Agreements”), with SSG Recreation Inc. (“SSG”) as the concession service provider at Tigertail Beach and Barefoot Beach. CONSIDERATIONS: On March 9, 2021 (Agenda 16.D.3), the Board approved an agreement with SSG to provide concession services at Tigertail Beach. On May 25, 2021 (Agenda 16.D.3), the Board approved an agreement with SSG to provide concession services at Barefoot Beach. On July 8, 2022 staff received notification that SSG wanted to modify its Agreement for Tigertail Beach and Barefoot Beach Concession Services. SSG requested that for Tigertail Beach the County reduce the commission collected from 20% to 13% as well as abolish the $2,000 monthly minimum commission payment requirement, allow the Concession to be open only on Fridays/Saturdays/Sundays during the months of September through December, and reduce any late fee's for delayed payment from $50 per day to $25 per day. SSG requested that for Barefoot Beach the County reduce the commission collected from 20% to 13%, allow the Concession to be open only on Saturdays/Sundays during the months of September through December, and reduce any late fee's for delayed payment from $50 per day to $25 per day. While staff was reviewing the request and determining feasibility, SSG notified the County on August 26, 2022; that it would be terminating the agreement in sixty (60) days if the County did not accept its proposal. Since receiving the notice, the most recent payment from SSG to the County was rejected as having insufficient funds and the concessionaire is currently delinquent. Staff evaluated the proposed changes as well as the services provided by SSG and is recommending that the Agreements be terminated for convenience. Staff requests Board approval to terminate the Agreements for convenience as provided in Section 40 of those contracts, which provides that the County may terminate the contract without cause upon providing thirty (30) days written notice. Staff is in the process of making temporary arrangements to provide food services at Tigertail Beach and Barefoot Beach in the form of food trucks. Aquatic rental concession services will be suspended until a new Agreeme nt is approved. The service disruption is expected to last for approximately 6 months during the solicitation, contracting, and approval processes. FISCAL IMPACT: These Agreements have generated an average payment to the County of $6,352.30 per month during the past year (August 2021 to July 2022). These Agreements will be replaced through competitive solicitations to minimize overall fiscal impact. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.-SRT RECOMMENDATION: To terminate for convenience Agreement Nos. 20-7707R and #21-7836 with SSG Recreation, Inc., as the concession provider at Tigertail Beach and Barefoot Beach, as provided in the attached notice letter to the vendor. Prepared by: Olema Edwards, Interim Director, Parks & Recreation Division ATTACHMENT(S) 1. 20-7707R and Notice to Terminate ltr to SSG 090622 (PDF) 2. 20-7707R SSG_Contract (PDF) 3. 21-7836 SSGRecreation_Contract (PDF) 16.D.3 Packet Pg. 976 10/25/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.3 Doc ID: 23602 Item Summary: *** This Item continued from the September 27, 2022, BCC Meeting. *** Recommendation to terminate for convenience of Revenue Generating Agreements 20-7707R and 21-7836, with SSG Recreation Inc., as the concession service provider at Tigertail Beach and Barefoot Beach. Meeting Date: 10/25/2022 Prepared by: Title: Sr. Operations Analyst – County Manager's Office Name: Geoffrey Willig 10/11/2022 2:57 PM Submitted by: Title: – Operations & Veteran Services Name: Jeff Newman 10/11/2022 2:57 PM Approved By: Review: Procurement Services Geoffrey Willig Additional Reviewer Skipped 10/11/2022 2:55 PM Procurement Services Geoffrey Willig Additional Reviewer Skipped 10/11/2022 2:55 PM Operations & Veteran Services Geoffrey Willig Additional Reviewer Skipped 10/11/2022 2:55 PM Public Services Department Geoffrey Willig PSD Level 1 Reviewer Skipped 10/11/2022 2:55 PM Procurement Services Geoffrey Willig Level 1 Purchasing Gatekeeper Skipped 10/11/2022 2:55 PM County Attorney's Office Geoffrey Willig Level 2 Attorney Review Skipped 10/11/2022 2:55 PM Public Services Department Geoffrey Willig PSD Department Head Review Skipped 10/11/2022 2:55 PM County Attorney's Office Geoffrey Willig Level 3 County Attorney's Office Review Skipped 10/11/2022 2:55 PM Office of Management and Budget Geoffrey Willig Additional Reviewer Skipped 10/11/2022 2:55 PM Community & Human Services Geoffrey Willig Additional Reviewer Skipped 10/11/2022 2:55 PM Office of Management and Budget Geoffrey Willig Level 3 OMB Gatekeeper Review Skipped 10/11/2022 2:55 PM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 10/18/2022 8:45 AM Board of County Commissioners Geoffrey Willig Meeting Pending 10/25/2022 9:00 AM 16.D.3 Packet Pg. 977 Procurement Services Division – 3295 Tamiami Trail East – Naples, Florida 34112-4901 www.colliercountyfl.gov/procurementservices September 6, 2022 SSG Recreation Inc. Attn: Nicholas Parziale, President 8000 S. Orange Ave., Ste 203 Orlando, FL 32809 Via Email: N.Parziale@safewayservicesgroup.com RE: #20-7707R Revenue Generating Agreements for Tigertail Beach Concession Services and #21-7836 for Barefoot Beach Concession Service (the “Agreements”) - Notice to Terminate for Convenience Dear Mr. Parziale: Staff is in receipt of SSG Recreation Inc.’s communications requesting modification to the Agreements related to revenue. Staff is recommending to the Board of County Commissioners (the “Board”) at its September 27, 2022, meeting to exercise the termination for convenience provision provided in Section 40, of both of the above- referenced Agreements, with an effective date of October 27, 2022. Subject to the Board’s approval of Staff’s recommendation, this letter will serve as the County’s 30-day written Notice to Terminate for Convenience. Should you have any questions regarding this termination notice please contact us at (239) 252-8034. Respectfully, Sue Zimmerman Procurement Contracts Manager cc: Olema Edwards, Interim Director, Parks & Recreation Division Sandra Herrera, Director, Procurement Services 16.D.3.a Packet Pg. 978 Attachment: 20-7707R and Notice to Terminate ltr to SSG 090622 (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-ZimmermanSue Digitally signed by ZimmermanSue Date: 2022.09.06 14:41:47 -04'00' REVENUE GENERATING AGREEMENT 20-7707R for Tiqertail Beach Concession Services THIS AGREEMENT, made and entered into on this OA day of I1b 20 21 , by and between SSG RECREATION INC.authorized to do business in the State of Florida, whose business address is 8000 S. Orange Ave., Suite 203, Orlando, FL 32809 the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three (3 ) year period, commencing Ill upon the date of Board approval; or-F-erg- and terminating three 3 ) year(s) from that date. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two 2 ) additional one 1 year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall be open for business to the public no later than thirty (30) days after the date of this Agreement as evidenced by a Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of Request for Proposal RFP ) # 20-7707R , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. The Contractor shall also provide services in accordance with Exhibit A - Scope of Services attached hereto. It is not permissible for other County divisions or governmental entities to utilize the Agreement. 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. Page 1 of 16 Revenue Generating Agreement (ver.12/20) 16.D.3.b Packet Pg. 979 Attachment: 20-7707R SSG_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) 4. THE AGREEMENT SUM. The Contractor shall pay the County for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto. 5. DEFAULT IN PAYMENT. If the payment of consideration and accumulated daily penalties are not received within thirty (30) days after the normal monthly due date, then the County may take possession of the Contractor's assets on County property and may terminate this Agreement. A monthly report as identified in Section 5 shall also be submitted to the Director of Parks and Recreation or Designee, by the fifteenth (15th) of each month. This report shall accompany the monthly Statement of Gross Receipts and shall be subject to audit. Contractor's failure to remit any such payment or produce the reports shall be considered a material breach of the Agreement. 6. MONTHLY REPORTING REQUIREMENTS. The Contractor will be required to submit a written monthly report, as identified in Exhibit A— Scope of Services, by the fifteenth (15th) day of the following preceding month that contain the following stated below. Contractor's failure to produce these required monthly reports shall be considered a material breach of the Agreement. The report will be approved by the Director of Parks and Recreation, or Designee and, at minimum, shall include hours of operation, daily attendance figures, weather conditions. The Contractor shall provide the County a copy of its State Sales and Use Tax Report, as prescribed by the State of Florida Revenue http://dor.myflorida.com/dor/taxes/sales tax.html#tabl. A monthly report of gross receipts, the payments computed on that amount, and any other taxes and fees due must be submitted to the County through the Director of Parks and Recreation, to be received by the fifteenth (15th) of each month. In the event the Concessionaire fails to pay this consideration or submit their monthly report within five (5) days of such due date, there shall be a late charge of fifty dollars ($50.00) per day. If the payment of consideration and accumulated daily penalties are not received within thirty (30) days after the normal monthly due date, then the County may take possession of the Concessionaire's assets on County property and may cancel this Agreement. The County has no duty to notify the Concessionaire of its failure to remit any such payment or report 7. FINANCIAL REVIEW. RECORDS. AUDIT. The Contractor shall provide, at its expense, an annual independent review of the Contractor's financial records. The purpose of this review is to substantiate that the County has been compensated in accordance with this Agreement. The Contractor shall establish and maintain such records as now exist and may hereafter be prescribed by the County in the future to provide evidence that all terms of this Agreement have been and are being observed. The Contractor grants to the County the right and authority to audit all records, documents, and books pertaining to the concession operations. Such audit will be conducted at locations and at a frequency determined by the County and communicated to the Contractor. The Contractor agrees to provide materials for the audit at the place designated by the County within three (3) business days after the County's notice to do so is received by Contractor, all at no cost to the County. 8. SALES TAX, Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C. Page 2 of 16 Revenue Generating Agreement(ver.12/20) 16.D.3.b Packet Pg. 980 Attachment: 20-7707R SSG_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) 9. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: SSG RECREATION INC. Address: 8000 S. Orange Ave., Suite 203 Orlando, FL 32809 Authorized Agent: Nicholas Parziale, President Attention Name & Title: Telephone: 321) 800-6886; or (833) 774-2677; or (321) 286-7481 Email(s): N.ParzialeAsafewayservicesgroup.com 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 Name:Parks and Recreation Division Director: Barry Williams Address: 15000 Livingston Road Naples, Florida 34119 Contract Administrator: Matt Catoe Telephone: 239) 252-4059 Email(s): Matthew.CatoeAcolliercountyfl.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. 10. NOT A LEASE. No part, parcel, building, structure, equipment or space is leased to the Contractor. The Contractor is not a lessee. The Contractor's right to operate the concession shall continue only so long as the concession operation complies with the undertakings, provisions, agreements, stipulations and conditions of this Agreement. 11. 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. 12. FACILITIES. The Contractor shall maintain sanitary, neat and safe facilities and orderly operations at all times to ensure a maximum value to guests. The Contractor acknowledges it is assuming responsibility for managing the Concession Operations Areas in its current "as is" condition and in good order. 13. MAINTENANCE AND REPAIRS. The concessionaire shall to the satisfaction of the Director of Parks & Recreation or his designee to provide normal and routine daily, monthly, yearly maintenance of the facilities, designed to keep the premises and equipment in a good state of repair, free from hazardous conditions and deterioration, thus providing for the comfort and Page 3 of 16 Revenue Generating Agreement (ver.12/20) O 16.D.3.b Packet Pg. 981 Attachment: 20-7707R SSG_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) safety of visitors and patrons. Maintenance is to include but is not limited to bi-annual hood system cleaning, power-washing of the deck where concession operation is based, cleaning of tables, chairs and trash facilities in the concession area, and the cleaning and maintenance of grease traps if grease traps are a part of this operation per the grease trap permitting requirements of Marco Island. Any improvements to an existing structure must be approved in writing by the CCRPD Director or designee. All structures and improvements shall become the property of Collier County at the end of the resultant Agreement. Any alterations made for the benefit of the concessionaire shall be paid for by the concessionaire. 14. TRASH. RUBBISH AND GARBAGE REMOVAL. The County will provide all garbage, trash and rubbish receptacles within the confines of the area. The concessionaire shall be responsible for the pickup and removal of all rubbish, trash and garbage including removal of trash from the concession area to the dumpster. The concessionaire agrees to perform daily removal of litter in the immediate exterior area within fifty (50) feet of the concession. 15. POINT OF SALE EQUIPMENT: The concessionaire must use point-of-sale (POS) electronic cash machines or other electronic accounting control equipment for the proper control of cash payments. Point of Sale reports must be maintained and made available upon demand during the entire term of the resultant Agreement with Collier County. All electronic cash equipment and accounting procedures must be approved by the Collier County Finance Department. All sales must be accompanied by a receipt to the customer. 16. 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. 17. 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. 18. FORCE MAJEURE. If closure of the facilities or loss of equipment, of either or all facilities, is due to unforeseeable causes beyond the control of Contractor, and not due to its own fault or neglect, including but not restricted to, acts of nature or of public enemy, acts of government Page 4 of 16 Revenue Generating Agreement(ver.12/20) 16.D.3.b Packet Pg. 982 Attachment: 20-7707R SSG_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) or of the County, fires, floods, hurricanes, civil disorder, epidemics, quarantine regulations, strikes or lock-outs, etc., the County will allow pro rata adjustment of monthly payments up to the time such damage is repaired and/or the loss of time related to the closure of the facilities. The County must be made aware of the time of closure within forty-eight (48) hours up to the time the damage is repaired or other circumstances return to normal. 19. CONTRACTOR NOT TO REMOVE PROPERTY. Contractor shall not remove from the Concession Operations Areas any personal property brought thereon or any replacements thereto by the Contractor for the purpose of this Agreement, except such items as may be removed with the express written permission of the Director of Parks and Recreation, or Designee. Upon expiration of the term specified in Section 1, if the Contractor has made full payment under this Agreement and has fully complied with the terms of this Agreement, Contractor may remove personal property from the County facilities and shall do so within fifteen (15) days following the expiration of this Agreement, provided such personal property must be removed without damage to the premises. On Contractor's failure to do so, the County may cause same to be removed and stored at the cost and expense of the Contractor, and the County shall have a continuing lien thereon in the amount of the cost and expense of such removal and storage until paid, and County may sell such personal property and reimburse itself for such costs and expense, plus all expenses of the sale. 20. COOPERATION. The Contractor agrees to cooperate with the County in the conduct of surveys and to provide reports of visitor usage of all concession services, as requested by the Director of Parks and Recreation or Designee. The County shall provide Contractor with advance notice of any special event and shall coordinate with the Contractor regarding same. County shall provide Contractor with notice of the availability of plans for any remodeling of the facilities. 21. INSPECTION. The County reserves the right to conduct unscheduled inspections at any time by an authorized representative of the Director of Parks and Recreation, or by any other agency having responsibility for inspections of such operations. Contractor shall undertake immediately the correction of any deficiency as cited by such inspectors; failure to comply shall be considered a material breach of the Agreement. 22. WAIVER OF INTERFERENCE. The Contractor hereby waives all claims for compensation for loss or damage sustained by reason of any interference with the concession operation by any public agency or official in enforcing their duties or any laws or ordinances. Any such interference shall not relieve the Contractor from any obligation hereunder. 23. WAIVER OF LOSS FROM HAZARD. The Contractor hereby expressly waives all rights, claims, and demands and forever releases and discharges the County from all demands, claims, actions and causes of action arising from this Agreement, except intentional torts. 24. NO LIENS. Contractor will not suffer or, through its actions or by anyone under its control or supervision, cause to be filed upon the property any lien or encumbrance of any kind. In the event any lien is filed, Contractor shall cause such lien to be discharged within ten (10) days after written notice to do so from the County. 25. ORDERLY OPERATIONS, ETC. The Contractor shall have a neat and orderly operation at all times and shall be solely responsible for necessary housekeeping services to properly maintain Page 5 of 16 Revenue Generating Agreement (ver.12/20) S 16.D.3.b Packet Pg. 983 Attachment: 20-7707R SSG_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) the premises. There shall be no living quarters, nor shall anyone be permitted to live on the premises. 26. EMPLOYEES; MANAGER. The Contractor shall employ people to work at this facility who are neat, clean, well-groomed and courteous. All employees shall observe all the graces of personal grooming. Subject to the American with Disabilities Act, Contractor shall supply competent employees, who are physically capable of performing their employment duties and the County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County property is not in the best interest of the County. All Contractor employees shall wear shirts and shorts with the Contractor's logo or other identifying marking. The Contractor shall have an experienced manager overseeing the concession operations at all times when open for business. When the manager is absent, the operation shall be directed by an assistant manager, experienced and trained in Concession operations and at least twenty-one (21) years of age. All managers will be Food Safe Compliant with all State of Florida and Collier County "Serve Safe" requirements and licenses. There shall be an after-hours contact person available by telephone and the contact phone number shall be provided to the Director of Parks and Recreation, or Designee. Background checks must be conducted on all employees prior to performing services at the concessions which is to be conducted by the County's Facilities Management staff at the expense of the Contractor. The Contractor must have a drug and alcohol policy consistent with County Policies (CMA 5312). 27. HOURS OF OPERATION. During the term of this Agreement concession will be adequately staffed on days and times identified in Exhibit A of this Agreement and as approved by the Parks and Recreation Director or designee. Days and hours will be posted and any changes from posted hours will be communicated within seven (7) days of the change. The operation should continue throughout the year including applicable holidays. The Contractor may open additional days, subject to prior written approval of the Director of Parks and Recreation or Designee. All hours and days of operation shall be conspicuously posted and easily read by park visitors. Any changes from posted hours and days will be communicated within seven (7) days of the change. The Contractor shall be responsible to the Director of Parks and Recreation Division for the satisfactory and courteous operation of the programs and concessions. 28. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, the concession facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of any violation of this Agreement by the 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 operation of the concession. Should the Contractor fail to promptly correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or Page 6 of 16 Revenue Generating Agreement(ver.12/20) ICAO 16.D.3.b Packet Pg. 984 Attachment: 20-7707R SSG_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) practice, such suspension shall continue until the violation is cured. The Contractor further agrees not to commence operation during such suspension period until the violation has been corrected to the satisfaction of the County. 29. NO DISCRIMINATION. There shall be no discrimination as to race, gender, color, creed or national origin in the operations referred to by this Concession Agreement; and further, there shall be no discrimination regarding any use, service, maintenance, or operation of the premises. All facilities located on the premises shall be made available to the public, subject to the right of the Contractor to establish and enforce rules and regulations to provide for the safety, orderly operation and security of the facilities. 30. NO DANGEROUS MATERIALS. The Contractor shall not use or permit in the facilities the storage of illuminating oils, oil lamps, turpentine, benzine, naphtha, or other similar substances, or explosives of any kind, or any substance or articles prohibited in the standard policies of fire insurance companies doing business in the State of Florida. 31. COUNTY CONTROL COUNTY PARK CONCESSION. Nothing in this Agreement will preclude the County from using the public areas of the County facilities for public and/or civic purposes. In the event of occurrences previously mentioned, the Contractor will be notified, as deemed necessary by the Director of Parks and Recreation or Designee. 32. FLORIDA LAW. This Agreement shall be governed by and construed in accordance with the Laws of the State of Florida. 33. VEHICLES IN PARK. Vehicles are allowed in the areas only where roadways are provided. Vehicles shall park only in areas designated by the County for vehicle parking. Any vehicles that are to be used for concessions must have prior written approval of the Parks and Recreation Director or Designee. 34. STORAGE. Contractor shall obtain approval for any storage of equipment in County facilities from the appropriate permitting agencies. No overnight storage of any kind shall take place on the premises unless approved in writing by the Director of Parks and Recreation or Designee and is contingent upon approval of the appropriate permitting agency. Equipment (i.e., chairs, umbrellas, paddleboards) stored on the beach must be removed from the beach, consolidated, and secured along the edge of the dune line before 9:30 p.m. daily. During sea turtle nesting season (May 1 - October 31), the storage of equipment on the beach must comply with sea turtle protection as outlined in Collier County LDC 9.04.06.H.3. 35. STORM WARNING. Upon declaration of a hurricane projecting an imminent strike, or the implementation of evacuation procedures from Collier County, Contractor shall meet with the Director of Parks and Recreation or Designee for the formulation of plans for the removal of all perishable goods and to ensure the concession site has been properly secured for hurricane approach. Contractor is required to secure all items owned and maintained by the Contractor. 36. CONTAINERS. The sale of items in glass containers is not permitted. The County has a recycle program in place and the Contractor is required to comply with that program with respect to the disposal of containers. Straws are prohibited. Page 7 of 16 Revenue Generating Agreement(ver.12/20) 16.D.3.b Packet Pg. 985 Attachment: 20-7707R SSG_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) 37. SAFETY AND SECURITY. The Contractor must provide at its expense any security measures to protect its area, equipment and materials. Such security measures may not violate any other restriction(s) of this Agreement. The County will not assume any responsibility for Concession Operations Areas security or alarms other than the security cameras at common areas and routine law enforcement patrols by Collier County Park Ranger patrols. Smoke, fire or fume activation within the Contractor's work area, and the reporting of those activations to the County is the responsibility of the Contractor. In the event of any emergencies, safety or security accident or incident to employees, visitors, and/or property the Contractor must communicate to the Director of Parks and Recreation, or Designee, immediately followed by a written incident report. The Contractor is to have a written safety and security plan for the Concession Operations Areas. The Contractor will cooperate with all jurisdictional law enforcement agencies and personnel. 38. SIGNAGE. The Contractor shall provide, at his sole expense, required signs at all public approaches to the Concession. All signage, advertising and posting shall be as approved by the Director of the Parks and Recreation Division or Designee. Signs that will be used for advertising purposes shall be constructed and maintained to County standards as defined by the Code Compliance Department. The use of the Collier County Logo is prohibited. 39. CONCESSION PRICES. All prices must be displayed and visible by the Concessionaire's customers. All such prices and fees must be approved in writing by the Director of Parks and Recreation or Designee. The Concessionaire may request in writing to sell additional products or provide additional related services at any time during the term of the Agreement. The County reserves the right to accept, or reject, those additional products or services at its sole discretion. The Concessionaire shall sell only those items approved in writing by the County. 40. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 41. NO DISCRIMINATION.The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 42. JNSURANCE. 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. n Business Auto Liability: Coverage shall have minimum limits of $ 500,000 Page 8 of 16 Revenue Generating Agreement(ver.12/20) CAO 16.D.3.b Packet Pg. 986 Attachment: 20-7707R SSG_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) 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. 0 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. n Crime/Theft Coverage shall have a minimum limit of $50,000 per claim. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non- contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the 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. 43. JNDEMNIFICATION. 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. 43.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Page 9 of 16 Revenue Generating Agreement(ver.12/20) 16.D.3.b Packet Pg. 987 Attachment: 20-7707R SSG_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 44. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by Parks and Recreation Division 45. 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. 46. APPLICABILITY. Only the sections corresponding to any checked box ( M) will apply to this Agreement. 47. COMPONENT PARTS OF THIS AGREEMENT, This Agreement consists of the following component parts, all of which are as fully part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificates, Exhibit A Scope of Services, Exhibit B Fee Schedule, n Request for Proposal (RFP), n I- vtation 4o--41 ITB) including Exhibits, Attachments and Addenda/Addendum and-Ot1 48. 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. 49. 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, equalemployment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Page 10 of 16 Revenue Generating Agreement(ver.12/20) 16.D.3.b Packet Pg. 988 Attachment: 20-7707R SSG_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) Telephone: (239) 252-8999 Email: PublicRecordRequestcolliercountyfLgov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, 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. 50. 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. 51. 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. 52. 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 Page 11 of 16 Revenue Generating Agreement (ver.12/20) CAO 16.D.3.b Packet Pg. 989 Attachment: 20-7707R SSG_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 53. 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. 54. AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 55. ORDER OF PRECEDENCE, In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 56. 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. 57. 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 Contract Administrator and the Collier County Facilities Management Division via e- mail (DL-FMOPS(c.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. Page 12 of 16 Revenue Generating Agreement (ver.12/20) CAO 16.D.3.b Packet Pg. 990 Attachment: 20-7707R SSG_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) IN WITNESS, WHEREOF, the Contractor and the County, by an authorized person or agent, have executed this Agreement on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Crystal K. Kinzel,Clerk ottourts & Comptroller B By: I i -4I Pen fa lor#111111 Chair Dated:.. Attest as to Clat 'S signature only. Contractor's Witnesses: Contractor: SSG RECREATION INC., a Florida corporation By: C?"—•First W ess Signat Alexander Vodola,Operations Manager Nicholas Parziale, President Print Name and Title Print Name and Title f‘ r Second Witness Donnavan Pinnock,Contract Manager Print Name and Title ed as to F an Legality: Si County Attorney Page 13 of 16 Revenue Generating Agreement(ver.12/20) i 16.D.3.b Packet Pg. 991 Attachment: 20-7707R SSG_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) Exhibit A SCOPE OF SERVICES following this page (pages 1 4 through ) Page 14 of 16 Revenue Generating Agreement (ver.12/20) CE'10 16.D.3.b Packet Pg. 992 Attachment: 20-7707R SSG_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) DETAILED SCOPE OF WORK The Collier County Parks and Recreation Division (CCRPD) is seeking proposals from interested vendors for the management of concessionaire services including,but not limited to food and beverage services,sale and/or rental of umbrellas,tubes,rafts,floats,paddleboards,cabanas,beach chairs,sales of beach-related items,caps,shirts,jewelry, and any other like services that the concessionaire wishes to propose. Proposers may elect to propose exclusively on Option A)the food concessions,(Option B)the beach rental concession or(Option C)both the food and beach rental concessions. The food concession area is approximately 24'x 15'and equipped with air conditioning and two(2)serving windows. The food concession area includes a partially covered deck seating area and additional storage area. The food concessionaire has exclusive rights for food and beverage service at this location. There is a 10' x 12' single roof chickee hut on the beach that is available for the operation of the beach rental concession.If proposing only the beach rental,the awarded concessionaire shall not provide food and beverage services on County property. The concessionaire shall not conduct any other business on County property without the specific written authority of the Board of County Commissioners.CCRPD Director or authorized representative must approve the quality and type of food products sold,prices charged for items,and any other factor affecting the public interest before the concessions beginning operation. 1. A detailed description of the operation and design concept should be clearly stated in the proposal, including,but not limited to the following: Menu items with pricing to be offered. The manner in which the food will be offered for sale and served(i.e.waiters,pick-up at counter, combination of both). Any use and/or special themes or amenities to be offered to enhance the patrons eating experience for the outdoor leased area. Advertising and marketing strategy. Proposed hours of operations. Proposed staffing levels. Beer and wine sales permitted only at the food concession building with appropriate licenses and permits. Straws are prohibited. Concessionaires are prohibited from renting sailboats or any type of motorized vessel. The use of vending machines of any type is not allowed as part of this solicitation. 2. Hours of Operation:The Beach Rental concession operation shall,at a minimum,be open and adequately staffed seven(7)days per week from 9:00 a.m.through 5:00 p.m.,including holidays.The food concession should be in operation at a minimum from 11:00 a.m.through 5 p.m. seven(7)days per week,including holidays. Proposers are encouraged to provide any additional operational options for consideration. All scheduled hours of operation must be approved by the Director of the Parks and Recreation Division or their designee.All hours of service shall be posted and easily read by park visitors. 3. Concession Operation:The concessionaire shall provide all of the services and operations,as agreed to by the County,in this RFP,and the resultant narrative provided by the proposer(s). 4. Equipment:The concessionaire must provide and maintain,at their own expense,all equipment required to operate the Beach concession. The concessionaire shall have the right to use County equipment, furnishings, and fixtures that may be presently used in conjunction with the operations. Equipment inventory will be completed prior to start of agreement with the County's Contract Administrator. Any equipment that is lost,stolen or damaged shall be replaced or repaired at the expense of the concessionaire; ordinary wear and tear is expected. Upon the expiration of the resultant Agreement, the concessionaire 1 16.D.3.b Packet Pg. 993 Attachment: 20-7707R SSG_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) shall quietly and peacefully,redeliver said inventory to the County.If pedal boats are rented,a chase boat must be present and in operational use at all times. 5. Trash,Rubbish and Garbage Removal:The County will provide all garbage,trash and rubbish receptacles within the confines of the area.The concessionaire shall be responsible for the pickup and removal of all rubbish, trash and garbage including removal of trash from the concession area to the dumpster. The concessionaire agrees to perform daily removal of litter in the immediate exterior area within fifty (50) feet of the concession. 6. Zoning and Permitting,Requirements: Parks and Recreation, in conjunction with the County Zoning Division,has determined that the zoning at Tigertail Beach does not need to be changed to accommodate storage of equipment on the beach and in the parking area. The zoning is considered a compatible accessory use which allows for commercial activity at the beach location(i.e.,storage of chairs on beach). The successful concessionaire is responsible for any future costs,and submittals, for any zone or permit requirements including but limited to a vehicle on the beach permit. 7. Reports: A monthly report of activities shall be submitted to the CCRPD by the fifteenth (15th)of each month. This report can be in the form developed by the concessionaire and must be approved by the Director of Parks and Recreation or his authorized representative.The report,as a minimum,shall include hours of operation,daily attendance figures,and weather conditions,etc.This report shall accompany the monthly statement of gross revenues and will be subject to audit. A. Certified Monthly Location Total Sales Report:By location,a summary report which identifies the total: Monthly gross sales by category(i.e.,food,beverage,rentals,merchandise,etc.); Tax dollars for the gross sales; Gross Sales dollars less tax; Number of credit card transactions and dollar amount; Number of cash transactions and dollar amount; A clearly written certification statement that contains the following: "To the best of my knowledge,The Certified Monthly Location Total Sales Report,and any additional reports attached hereto,are accurate and reflect the sales and commission owed to the County." B. Daily Transaction Report:An itemized transaction report which identifies the following: A transaction reference number that includes the category (i.e., food, beverage, rentals, merchandise,etc.),the cost by item,related sales tax,the total of the individual transaction and the payment method(credit card or cash).The final page of the report should summarize the total number of transactions for that day, the dollar total of cash transactions and the dollar total of credit card transactions. 8. Gross Receipts:The term"gross receipts" is understood to mean all income collected or accrued,derived by the concessionaire under the privileges granted by this Agreement or other document entered into with the County, excluding amounts of any Federal, State or City sales tax, or other tax, collected by the concessionaire from customers and required by law to be remitted to the taxing authority. 9. Collier County will provide: Periodic inspections (a minimum of once a month) of the concession stand premises and equipment at the operating facilities during the contract term. Utilities,including electricity,water,and sewer service. Garbage,trash and rubbish receptacles within the confines of the area Structural maintenance of the facilities unless such maintenance is required because of damage caused by the concessionaire. 10. Employee Qualifications:The concessionaire shall have an experienced manager or managers overseeing the facility. Conduct of the employees of the concessionaire shall be subject to reasonable regulation by 2 CAO 16.D.3.b Packet Pg. 994 Attachment: 20-7707R SSG_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) the Director of CCRPD or designee.The concessionaire shall employ people to work at this facility who are professional, literate, neat, clean, well-groomed and courteous and wear a uniform of the awarded company. 11. Point of Sale Equipment: The concessionaire must use point-of-sale(POS) electronic cash machines or other electronic accounting control equipment for the proper control of cash payments. Point of Sale reports must be maintained and made available upon demand during the entire term of the resultant Agreement with Collier County. All electronic cash equipment and accounting procedures must be approved by the Collier County Finance Department. All sales must be accompanied by a receipt to the customer. 12. Maintenance and Repairs: The concessionaire shall to the satisfaction of the Director of CCRPD or authorized representative to provide normal and routine daily, monthly, yearly maintenance of the facilities, designed to keep the premises and equipment in a good state of repair, free from hazardous conditions and deterioration, thus providing for the comfort and safety of visitors and patrons. Maintenance is to include but is not limited to bi-annual hood system cleaning,power-washing of the deck where concession operation is based,cleaning of tables,chairs and trash facilities in the concession area, and the cleaning and maintenance of grease traps if grease traps are a part of this operation per the grease trap permitting requirements of Marco Island. Any improvements to an existing structure must be approved in writing by the CCRPD Director or designee.All structures and improvements shall become the property of Collier County at the end of the resultant Agreement.Any alterations made for the benefit of the concessionaire shall be paid for by the concessionaire. 13. Security:The concessionaire shall provide any security measures which may be required to protect his/her area and his/her equipment,materials,and facilities. 14. Commencement of Operation: The successful proposer shall be open for business to the public no later than thirty(30)days after the approval of the resultant agreement by the Board of County Commissioners. 15. Licenses and Certifications: Concessionaire shall maintain all required licenses and/or certifications to conduct business throughout the contract if applicable. Food Manager Certification State of Florida Department of Business and Professional Regulation Food Service License(this license is per location and will need to have a transfer of"ownership") State of Florida Department Division of Corporations Registration Resale Certification Safe Serve certified(certification form needs to be provided for all employees) Collier County Health Permit Florida State Food Service License(per business) Beer and Wine License Marco Island Grease Trap Permit(within 30 calendar days of Notice of Recommended Award) The Concessionaire agrees to follow best practices to operate retail food stores,restaurants,and associated pick-up and delivery services during the COVID-19 pandemic to safeguard workers and consumers,as directed by the FDA CDC,EPA and OSHA.Please see attached FDA information for reference. 3 16.D.3.b Packet Pg. 995 Attachment: 20-7707R SSG_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) Tigertail Beach Park r d Cala traunty E F 4'ppyyy 4i.,"',,, t,,, #_...: ": ...-,: ,X,A,As'',"' `,..'"4' Iti, -„, ,. -,-‘•t„,,..... .}....... ,,,.. ,, „„,,,,,. A.,—,„,,, ,-,4 „,,,L, C);*' ,Arot. 0, 4e,,,.. , ,._..,- ,,, c,.. .,„ vi ,...,,..-. .,,,,,,, ,. .7,.„,„,,:e,,,,,,,, ,,,,,,,,,, ,,,,,, ,.,,,,„ ,,,,,,,..,, 1,..**.f.t1T,itv.,04r1..i.l.f**iar le. „IVItt''''7!7;.,, „re,„ . , ,. ...,,,-A4,,,,,,,t, , 4'10.*.*0",„1,filkekt ft ,4-' '.% „`' . -, x '. 1 rot" s.. .Tigertaii a.a. 3. Beach Paikiny l.'nt 1 `.. a L Et(tW i x ", Via. 0 Ranger Station'' a 7.4 r`. Concession, 4, K ram_ n x 41. m"r7r: Walkway Picnic Aoeat ?Tl mail wi OiilisaBeach Parking Lot i 4 16.D.3.b Packet Pg. 996 Attachment: 20-7707R SSG_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) Exhibit B Fee Schedule following this page (pages through 1 Page 15 of 16 Revenue Generating Agreement(ver.12/20) 16.D.3.b Packet Pg. 997 Attachment: 20-7707R SSG_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) EXHIBIT B — FEE SCHEDULE TO AGREEMENT 20-7707R CONSIDERATION. The Contractor shall remit to the County, as consideration for this Agreement, a percentage of the total gross revenue of the Contractor's business operations as follows: a firm fixed monthly concession of twenty percent (20%) of gross receipts, or two thousand dollars ($2,000) per month whichever is greater). Said payments shall be tendered to the County by the fifteenth (15th) of each month for the preceding month and such payments shall be accompanied by a Statement of Gross Receipts for the preceding month. Such Statement of Gross Receipts shall be certified as true, accurate and complete by the Contractor. It is also understood that the applicable Florida States Sales Tax on payments to the County shall be added to the payment. The County is to receive its revenue payment as net, free and clear of all costs and charges arising from, or related to Contractor's obligations under this Agreement, and the percentage of total gross revenues will be paid monthly for the life of the Agreement. The term "gross revenue", "gross receipts" and/or gross sales" means all income collected, accrued or derived by the Contractor under the privileges granted by this Agreement or other document entered into with the County, excluding amounts of any Federal, State or other tax collected by the Contractor from customers and required by law to be remitted to the taxing authority. The Contractor shall provide the County a copy of its State Sales and Use Tax Report, as prescribed by the State of Florida Revenue http://dor.myflorida.com/dor/taxes/sales tax.html#tab1. Cr10 16.D.3.b Packet Pg. 998 Attachment: 20-7707R SSG_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) Other Exhibit/Attachment Description: I I following this page (pages through ) this exhibit is not applicable Page 16 of 16 Revenue Generating Agreement (ver.12/20) CA 16.D.3.b Packet Pg. 999 Attachment: 20-7707R SSG_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) AC DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 2/26/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Commercial Service AX Alliance&Associates Financial Services,Inc. A/No,Ext): 855-210-9528 A ,No): 904-930-4672 1091 Oakleaf Plantation Parkway ADDRESS: Certificates@alliance321.com INSURER(S)AFFORDING COVERAGE NAIC# Orange Park FL 32065 INSURER A: NORTHFIELD INS CO 27987 INSURED INSURER B: SSG Recreation,Inc INSURER C: 8000 S Orange Ave Unit#212 INSURER D: INSURER E: Orange Park FL 32065 INSURER F: COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE AUULSUUK POLICY NUMBER POLICY hhl- POLICY EXP LIMITSLTRINSDWVDMM/DD/YYYY) (MM/DD/YYYY) x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000 CLAIMS-MADE K OCCUR PREMISES(Ea occurrence) $ 100,000 MED EXP(Any one person) $ 5,000 A Y Y WS4234I6 06/01/2020 06/01/2021 PERSONAL&ADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 x POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMI I $ Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY _AUTOS HIRED NON-OWNED PROPER IY DAMAGE AUTOS ONLY AUTOS ONLY Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE DED RETENTION$ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Employee Theft 50,000 A Crime Y Y W5423416 06/01/2020 06/01/2021 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate Holder is named as Additional Insured on the Insurance Certificate for Commercial General Liability where required.This insurance is primary and non-contributory with respect to any other insurance maintained by,or available for the benefit of,the Additional Insured.Waiver of Subrogation applies in respects to the General Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Collier County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail East AUTHORIZED REPRESENTATIVE Naples FL 34112 Me. rt.(j McCoy 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 16.D.3.b Packet Pg. 1000 Attachment: 20-7707R SSG_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 03/02/2021 PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION Automatic Data Processig Insurance Agency,Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE One ADP Boulevard HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Roseland,NJ 07068 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Technology Insurance Company, Inc SSG RECREATION INC INSURER B: 8000 S Orange Ave INSURER C: Ste 212 Orlando FL 32809 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NOR ADD'L POLICY EFFECTIVE POUCY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE(MMIDDIYYYY) DATE(MMIDDIYYYY) LIMITS GENERAL LIABIUTY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PRS(RENTED PREMISES(Ea occurrence) $ CLAIMS MADE OCCUR MED EXP(Any one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER:PRODUCTS-COMP/OP AGG $ POLICY JET LOC AUTOMOBILE LIABIUTY COMBINED SINGLE LIMIT $ ANY AUTO Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS Per accident) PROPERTY DAMAGE $ Per accident) GARAGE UABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY:AGG $ EXCESS I UMBRELLA LIABIUTY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND 02/26/2021 02/26/2022 x TORY LIMITS OT H- A EMPLOYERS'LIABILITY IN TWWC3962731 ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000. OFFICER/MEMBER EXCLUDED? I N Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000. If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $1,000,000. OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Collier County DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Board of County Commissioners NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR UABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 3295 Tamiami Trail REPRESENTATIVES. East Naples FL 34112 AUTHORIZED REPRESENTATIVE Nicole Kern ACORD 25(2009/01) 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 16.D.3.b Packet Pg. 1001 Attachment: 20-7707R SSG_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s),authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2009/01) 16.D.3.b Packet Pg. 1002 Attachment: 20-7707R SSG_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) Progressive PROGRESSIVE P.O.Box 94739 COMMERCIAL Cleveland,OH 44101 1-800-895-2886 Policy number: 03294926-0 Underwritten by: Progressive Express Ins Company February 24,2021 Page 1 of 1 Certificate of Insurance Certificate Holder COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 3295 PAMIAMI TRAIL EAST NAPLES,FL 34112 Insured Agent/Surplus Lines Broker SSG RECREATION INC PROG COMMERCIAL 8000 S ORANGE AVE SUITE 203 PO BOX 94739 ORLANDO, FL 32809 CLEVELAND,OH 44101 This document certifies that insurance policies identified below have been issued by the designated insurer to the insured named above for the period(s)indicated. This Certificate is issued for information purposes only. It confers no rights upon the certificate holder and does not change,alter, modify, or extend the coverages afforded by the policies listed below. The coverages afforded by the policies listed below are subject to all the terms, exclusions, limitations, endorsements, and conditions of these policies. Policy Effective Date: Feb 24,2021 Policy Expiration Date: Feb 24,2022 Insurance coverage(s) Limits Bodily Injury/Property Damage 500,000 Combined Single Limit Uninsured Motorist 10,000/$20,000 Non-Stacked Personal Injury Protection 10,000 w/Workers Comp-Named Insured Only Description of Location/Vehicles/Special Items Scheduled autos only 2003 FORD EXPLORER 1FMZU72K93UB83586 Certificate number 05521A14926 Please be advised that the certificate holder will not be notified in the event of a mid-term cancellation. Form 5241(10/02) 16.D.3.b Packet Pg. 1003 Attachment: 20-7707R SSG_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) REVENUE GENERATING AGREEMENT 21-7836 for BAREFOOT BEACH CONCESSION SERVICE THIS AGREEMENT, made and entered into on this Q day of Mat 20 21 , by and between SSG Recreation Inc. authorized to do business in the State of Florida, whose business address is 8000 S. Orange Ave., Suite 203 Orlando, FL 32809 the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three (3 ) year period, commencing upon the date of Board approval;-er n on and terminating three 3 ) year(s) from that date. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two 2 ) additional one 1 year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall be open for business to the public no later than thirty (30) days after the date of this Agreement as evidenced by a Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of Request for Proposal RFP ) # 21-7836 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. It is not permissible for other County divisions or governmental entities to utilize the Agreement. 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. Page 1 of 16 Revenue Generating Agreement(ver.12/20) 16.D.3.c Packet Pg. 1004 Attachment: 21-7836 SSGRecreation_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) 4. THE AGREEMENT SUM. The Contractor shall pay the County for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto. 5. DEFAULT IN PAYMENT. If the payment of consideration and accumulated daily penalties are not received within thirty (30) days after the normal monthly due date, then the County may take possession of the Contractor's assets on County property and may terminate this Agreement. A monthly report as identified in Section 5 shall also be submitted to the Director of Parks and Recreation or Designee, by the fifteenth (15th) of each month. This report shall accompany the monthly Statement of Gross Receipts and shall be subject to audit. Contractor's failure to remit any such payment or produce the reports shall be considered a material breach of the Agreement. 6. MONTHLY REPORTING REQUIREMENTS. The Contractor will be required to submit a written monthly report, as identified in Exhibit A— Scope of Services, by the fifteenth (15th) day of the following preceding month that contain the following stated below. Contractor's failure to produce these required monthly reports shall be considered a material breach of the Agreement. The report will be approved by the Director of Parks and Recreation, or Designee and, at minimum, shall include hours of operation, daily attendance figures, weather conditions. The Contractor shall provide the County a copy of its State Sales and Use Tax Report, as prescribed by the State of Florida Revenue http://floridarevenue.com/taxes/taxesfees/pages/sales tax.aspx. 7. A monthly report of gross receipts, the payments computed on that amount, and any other taxes and fees due must be submitted to the County through the Director of Parks and Recreation, to be received by the fifteenth (15th) of each month. In the event the Concessionaire fails to pay this consideration or submit their monthly report within five (5) days of such due date, there shall be a late charge of fifty dollars ($50.00) per day. If the payment of consideration and accumulated daily penalties are not received within thirty (30) days after the normal monthly due date, then the County may take possession of the Concessionaire's assets on County property and may cancel this Agreement. The County has no duty to notify the Concessionaire of its failure to remit any such payment or report. 8. FINANCIAL REVIEW, RECORDS, AUDIT. The Contractor shall provide, at its expense, an annual independent review of the Contractor's financial records. The purpose of this review is to substantiate that the County has been compensated in accordance with this Agreement. The Contractor shall establish and maintain such records as now exist and may hereafter be prescribed by the County in the future to provide evidence that all terms of this Agreement have been and are being observed. The Contractor grants to the County the right and authority to audit all records, documents, and books pertaining to the concession operations. Such audit will be conducted at locations and at a frequency determined by the County and communicated to the Contractor. The Contractor agrees to provide materials for the audit at the place designated by the County within three (3) business days after the County's notice to do so is received by Contractor, all at no cost to the County. 9. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C. Page 2 of 16 Revenue Generating Agreement(ver.12/20) 16.D.3.c Packet Pg. 1005 Attachment: 21-7836 SSGRecreation_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) 9. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: SSG Recreation Inc. Address: 8000 S. Orange Ave., Suite 203 Orlando, FL 32809 Authorized Agent: Nicholas Parziale, President Attention Name & Title: Telephone: 321) 800-6886; or (833) 774-2677; or (321) 286-7481 Email(s): N.Parziale(a safewayservicesgroup.com 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 Name:Parks and Recreation Division Director: Barry Williams Address: 15000 Livingston Road Naples, Florida 34119 Contract Administrator: Matt Catoe Telephone: 239) 252-4059 Email(s): Matthew.Catoecolliercountyfl.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. 10. NOT A LEASE. No part, parcel, building, structure, equipment or space is leased to the Contractor. The Contractor is not a lessee. The Contractor's right to operate the concession shall continue only so long as the concession operation complies with the undertakings, provisions, agreements, stipulations and conditions of this Agreement. 11. 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. 12. FACILITIES. The Contractor shall maintain sanitary, neat and safe facilities and orderly operations at all times to ensure a maximum value to guests. The Contractor acknowledges it is assuming responsibility for managing the Concession Operations Areas in its current "as is" condition and in good order. 13. MAINTENANCE AND REPAIRS. The concessionaire shall to the satisfaction of the Director of Parks & Recreation or his designee to provide normal and routine daily, monthly, yearly maintenance of the facilities, designed to keep the premises and equipment in a good state of repair, free from hazardous conditions and deterioration, thus providing for the comfort and Page 3 of 16 Revenue Generating Agreement(ver.12/20) C;t J 16.D.3.c Packet Pg. 1006 Attachment: 21-7836 SSGRecreation_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) safety of visitors and patrons. Maintenance is to include but is not limited to bi-annual hood system cleaning, power-washing of the deck where concession operation is based, cleaning of tables, chairs and trash facilities in the concession area and the cleaning and maintenance requirements of Marco Island. Any improvements to an existing structure must be approved in writing by the CCPRD Director or designee. All structures and improvements shall become the property of Collier County at the end of the resultant Agreement. Any alterations made for the benefit of the concessionaire shall be paid for by the concessionaire. 14. TRASH. RUBBISH AND GARBAGE REMOVAL. The County will provide all garbage, trash and rubbish receptacles within the confines of the area. The concessionaire shall be responsible for the pickup and removal of all rubbish, trash and garbage including removal of trash from the concession area to the dumpster. The concessionaire agrees to perform daily removal of litter in the immediate exterior area within fifty (50) feet of the concession. 15. POINT OF SALE EQUIPMENT: The concessionaire must use point-of-sale (POS) electronic cash machines or other electronic accounting control equipment for the proper control of cash payments. Point of Sale reports must be maintained and made available upon demand during the entire term of the resultant Agreement with Collier County. All electronic cash equipment and accounting procedures must be approved by the Collier County Finance Department. All sales must be accompanied by a receipt to the customer. 16. 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. 17. 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. 18. FORCE MAJEURE. If closure of the facilities or loss of equipment, of either or all facilities, is due to unforeseeable causes beyond the control of Contractor, and not due to its own fault or neglect, including but not restricted to, acts of nature or of public enemy, acts of government Page 4 of 16 Revenue Generating Agreement (ver.12/20) 16.D.3.c Packet Pg. 1007 Attachment: 21-7836 SSGRecreation_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) or of the County, fires, floods, hurricanes, civil disorder, epidemics, quarantine regulations, strikes or lock-outs, etc., the County will allow pro rata adjustment of monthly payments up to the time such damage is repaired and/or the loss of time related to the closure of the facilities. The County must be made aware of the time of closure within forty-eight (48) hours up to the time the damage is repaired or other circumstances return to normal. 19. CONTRACTOR NOT TO REMOVE PROPERTY. Contractor shall not remove from the Concession Operations Areas any personal property brought thereon or any replacements thereto by the Contractor for the purpose of this Agreement, except such items as may be removed with the express written permission of the Director of Parks and Recreation, or Designee. Upon expiration of the term specified in Section 1, if the Contractor has made full payment under this Agreement and has fully complied with the terms of this Agreement, Contractor may remove personal property from the County facilities and shall do so within fifteen (15) days following the expiration of this Agreement, provided such personal property must be removed without damage to the premises. On Contractor's failure to do so, the County may cause same to be removed and stored at the cost and expense of the Contractor, and the County shall have a continuing lien thereon in the amount of the cost and expense of such removal and storage until paid, and County may sell such personal property and reimburse itself for such costs and expense, plus all expenses of the sale. 20. COOPERATION. The Contractor agrees to cooperate with the County in the conduct of surveys and to provide reports of visitor usage of all concession services, as requested by the Director of Parks and Recreation or Designee. The County shall provide Contractor with advance notice of any special event and shall coordinate with the Contractor regarding same. County shall provide Contractor with notice of the availability of plans for any remodeling of the facilities. 21. INSPECTION. The County reserves the right to conduct unscheduled inspections at any time by an authorized representative of the Director of Parks and Recreation, or by any other agency having responsibility for inspections of such operations. Contractor shall undertake immediately the correction of any deficiency as cited by such inspectors; failure to comply shall be considered a material breach of the Agreement. 22. WAIVER OF INTERFERENCE. The Contractor hereby waives all claims for compensation for loss or damage sustained by reason of any interference with the concession operation by any public agency or official in enforcing their duties or any laws or ordinances. Any such interference shall not relieve the Contractor from any obligation hereunder. 23. WAIVER OF LOSS FROM HAZARD. The Contractor hereby expressly waives all rights, claims, and demands and forever releases and discharges the County from all demands, claims, actions and causes of action arising from this Agreement, except intentional torts. 24. NO LIENS. Contractor will not suffer or, through its actions or by anyone under its control or supervision, cause to be filed upon the property any lien or encumbrance of any kind. In the event any lien is filed, Contractor shall cause such lien to be discharged within ten (10) days after written notice to do so from the County. 25. ORDERLY OPERATIONS, ETC. The Contractor shall have a neat and orderly operation at all times and shall be solely responsible for necessary housekeeping services to properly maintain Page 5 of 16 Revenue Generating Agreement(ver.12/20) 16.D.3.c Packet Pg. 1008 Attachment: 21-7836 SSGRecreation_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) the premises. There shall be no living quarters, nor shall anyone be permitted to live on the premises. 26. EMPLOYEES; MANAGER. The Contractor shall employ people to work at this facility who are neat, clean, well-groomed and courteous. All employees shall observe all the graces of personal grooming. Subject to the American with Disabilities Act, Contractor shall supply competent employees, who are physically capable of performing their employment duties and the County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County property is not in the best interest of the County. All Contractor employees shall wear shirts and shorts with the Contractor's logo or other identifying marking. The Contractor shall have an experienced manager overseeing the concession operations at all times when open for business. When the manager is absent, the operation shall be directed by an assistant manager, experienced and trained in Concession operations and at least twenty-one (21) years of age. All managers will be Food Safe Compliant with all State of Florida and Collier County "Serve Safe" requirements and licenses. There shall be an after-hours contact person available by telephone and the contact phone number shall be provided to the Director of Parks and Recreation, or Designee. Background checks must be conducted on all employees prior to performing services at the concessions which is to be conducted by the County's Facilities Management staff at the expense of the Contractor. The Contractor must have a drug and alcohol policy consistent with County Policies (CMA 5312). 27. HOURS OF OPERATION. During the term of this Agreement concession will be adequately staffed on days and times identified in Exhibit A of this Agreement and as approved by the Parks and Recreation Director or designee. Days and hours will be posted and any changes from posted hours will be communicated within seven (7) days of the change. The operation should continue throughout the year including applicable holidays. The Contractor may open additional days, subject to prior written approval of the Director of Parks and Recreation or Designee. All hours and days of operation shall be conspicuously posted and easily read by park visitors. Any changes from posted hours and days will be communicated within seven (7) days of the change. The Contractor shall be responsible to the Director of Parks and Recreation Division for the satisfactory and courteous operation of the programs and concessions. 28. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, the concession facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of any violation of this Agreement by the 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 operation of the concession. Should the Contractor fail to promptly correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or Page 6 of 16 Revenue Generating Agreement(ver.12/20) 16.D.3.c Packet Pg. 1009 Attachment: 21-7836 SSGRecreation_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) practice, such suspension shall continue until the violation is cured. The Contractor further agrees not to commence operation during such suspension period until the violation has been corrected to the satisfaction of the County. 29. NO DISCRIMINATION. There shall be no discrimination as to race, gender, color, creed or national origin in the operations referred to by this Concession Agreement; and further, there shall be no discrimination regarding any use, service, maintenance, or operation of the premises. All facilities located on the premises shall be made available to the public, subject to the right of the Contractor to establish and enforce rules and regulations to provide for the safety, orderly operation and security of the facilities. 30. NO DANGEROUS MATERIALS. The Contractor shall not use or permit in the facilities the storage of illuminating oils, oil lamps, turpentine, benzine, naphtha, or other similar substances, or explosives of any kind, or any substance or articles prohibited in the standard policies of fire insurance companies doing business in the State of Florida. 31. COUNTY CONTROL COUNTY PARK CONCESSION. Nothing in this Agreement will preclude the County from using the public areas of the County facilities for public and/or civic purposes. In the event of occurrences previously mentioned, the Contractor will be notified, as deemed necessary by the Director of Parks and Recreation or Designee. 32. FLORIDA LAW. This Agreement shall be governed by and construed in accordance with the Laws of the State of Florida. 33. VEHICLES IN PARK. Vehicles are allowed in the areas only where roadways are provided. Vehicles shall park only in areas designated by the County for vehicle parking. Any vehicles that are to be used for concessions must have prior written approval of the Parks and Recreation Director or Designee. 34. STORAGE. Contractor shall obtain approval for any storage of equipment in County facilities from the appropriate permitting agencies. No overnight storage of any kind shall take place on the premises unless approved in writing by the Director of Parks and Recreation or Designee and is contingent upon approval of the appropriate permitting agency. Equipment (i.e., chairs, umbrellas, paddleboards) stored on the beach must be removed from the beach, consolidated, and secured along the edge of the dune line before 9:30 p.m. daily. During sea turtle nesting season (May 1 - October 31), the storage of equipment on the beach must comply with sea turtle protection as outlined in Collier County LDC 9.04.06.H.3. 35. STORM WARNING. Upon declaration of a hurricane projecting an imminent strike, or the implementation of evacuation procedures from Collier County, Contractor shall meet with the Director of Parks and Recreation or Designee for the formulation of plans for the removal of all perishable goods and to ensure the concession site has been properly secured for hurricane approach. Contractor is required to secure all items owned and maintained by the Contractor. 36. CONTAINERS. The sale of items in glass containers is not permitted. The County has a recycle program in place and the Contractor is required to comply with that program with respect to the disposal of containers. Straws are prohibited. Page 7 of 16 Revenue Generating Agreement(ver.12/20) 16.D.3.c Packet Pg. 1010 Attachment: 21-7836 SSGRecreation_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) 37. SAFETY AND SECURITY. The Contractor must provide at its expense any security measures to protect its area, equipment and materials. Such security measures may not violate any other restriction(s) of this Agreement. The County will not assume any responsibility for Concession Operations Areas security or alarms other than the security cameras at common areas and routine law enforcement patrols by Collier County Park Ranger patrols. Smoke, fire or fume activation within the Contractor's work area, and the reporting of those activations to the County is the responsibility of the Contractor. In the event of any emergencies, safety or security accident or incident to employees, visitors, and/or property the Contractor must communicate to the Director of Parks and Recreation, or Designee, immediately followed by a written incident report. The Contractor is to have a written safety and security plan for the Concession Operations Areas. The Contractor will cooperate with all jurisdictional law enforcement agencies and personnel. 38. SIGNAGE. The Contractor shall provide, at his sole expense, required signs at all public approaches to the Concession. All signage, advertising and posting shall be as approved by the Director of the Parks and Recreation Division or Designee. Signs that will be used for advertising purposes shall be constructed and maintained to County standards as defined by the Code Compliance Department. The use of the Collier County Logo is prohibited. 39. CONCESSION PRICES. All prices must be displayed and visible by the Concessionaire's customers. All such prices and fees must be approved in writing by the Director of Parks and Recreation or Designee. The Concessionaire may request in writing to sell additional products or provide additional related services at any time during the term of the Agreement. The County reserves the right to accept, or reject, those additional products or services at its sole discretion. The Concessionaire shall sell only those items approved in writing by the County. 40. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 41. NO DISCRIMINATION.The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 42. JNSURANCL. 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 $ 500,000 Page 8 of 16 Revenue Generating Agreement(ver.12/20) cps) 16.D.3.c Packet Pg. 1011 Attachment: 21-7836 SSGRecreation_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) 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 n Employee Theft Coverage shall have a minimum limit of $50,000 per claim. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non- contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the 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. 43. JNDEMNIFICATIOIy. 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. 43.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Page 9 of 16 Revenue Generating Agreement(ver.12/20) 16.D.3.c Packet Pg. 1012 Attachment: 21-7836 SSGRecreation_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 44. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by Parks and Recreation Division 45. 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. 46. APPLICABILITY, Only the sections corresponding to any checked box ( ) will apply to this Agreement. 47. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificates, Exhibit A Scope of Services, Exhibit B Fee Schedule, • Request for Proposal (RFP), n including Exhibits, Attachments and Addenda/Addendum a -Other: 48. 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. 49. 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: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Page 10 of 16 Revenue Generating Agreement (ver.12/20) C' 16.D.3.c Packet Pg. 1013 Attachment: 21-7836 SSGRecreation_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) Telephone: (239) 252-8999 Email: PublicRecordRequest(c colliercountyfl.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. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 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. 50. 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. 51. 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. 52. 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 Page 11 of 16 Revenue Generating Agreement (ver.12/20) 16.D.3.c Packet Pg. 1014 Attachment: 21-7836 SSGRecreation_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 53. 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. 54. AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 55. ORDER OF PRECEDENCE, In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 56. 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. 57. 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 Contract Administrator and 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 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. Page 12 of 16 Revenue Generating Agreement (ver.12/20) 16.D.3.c Packet Pg. 1015 Attachment: 21-7836 SSGRecreation_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) IN WITNESS, WHEREOF, the Contractor and the County, by an authorized person or agent, have executed this Agreement on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER C UNTY, FLORIDA Crystal K. Kinzel, Clerk of Courts & Co . ollery,r,,r: s BBy. y Penny Taylor Chair Dated: ahe1/ 1_. CJcol Ay a rman's SSG Recreation Inc. Contractor's Witnesses: Contractor: ee, By: -..--- ,dif-- 02""" (7--4-1,-'-' 4-' First Witness Signature Pe 4/rfur.¢iv 11..a. m ., rR r AJ Ght; J 7;AN es IZ?.ick —/ ilc i i— print Name an. - A V Print Name and Title Secon,,i' i r •.s cys--4.,A.:,„„ is Prin ame =d Title owed as or an Legality: County Attorney Page 13 of 16 Revenue Generating Agreement(ver.12/20) o 16.D.3.c Packet Pg. 1016 Attachment: 21-7836 SSGRecreation_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) Exhibit A SCOPE OF SERVICES following this page (pages 1 4 through ) Page 14 of 16 Revenue Generating Agreement(ver.12/20) C{, 16.D.3.c Packet Pg. 1017 Attachment: 21-7836 SSGRecreation_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) RFP# 21-7836 "Barefoot Beach Concession Service EXHIBIT A SCOPE OF SERVICES BACKGROUND The County is seeking a concessioner to provide services at Barefoot Beach. Barefoot Beach is located at 505 Bonita Beach Blvd,Bonita Springs,34134.The beach facility includes approximately 8,200 feet of beach area along with site amenities such as 402 parking spaces,boardwalk café,foot showers,handicapped boardwalk and restroom facilities.The beach is open 8 a.m. to sunset 365 days per year. Based on historical data for the last operational year,the annual attendance for Barefoot Beach exceeded 261,000 visitors. DETAILED SCOPE OF WORK This Agreement is for the management of concessionaire services including, but not limited to food and beverage services, rental of umbrellas,paddleboards,cabanas,beach chairs,sales of beach-related sundries,caps,shirts,and any other like services that the Concessionaire wishes to propose. The terms"Contractor"and"Concessionaire"shall be used interchangeably. The terms"Contract"and"Agreement"shall be used interchangeably. The food concession area is an approximately 13' x 9.5' and equipped with air conditioning and a rollup door. The food concession includes a covered seating area and an additional 9' x 9.5' storage area. There is a small chickee hut on the beach at the end of boardwalk number 1 that is available for the operation of the beach rental concession. Any improvements to an existing structure must be approved in writing by the Director of Collier County Parks and Recreation Division CCPRD or his/her designee. All structures and improvements shall become the property of Collier County at the end of the Agreement. Any improvements made for the benefit of the Concessionaire shall be paid for by the Concessionaire after approval form the Director of CCPRD or his/her designee. The Concessionaire shall not conduct any other business on County property without the specific written authority of the Board of County Commissioners. The Director of CCPRD or his/her designee must approve the quality and type of the food products sold,prices charged for items and any other factor affecting the public interest before the concessions beginning operations. Straws are prohibited The use of vending machines of any type is not allowed as part of this contract. Beer and wine sales are permitted only at the food concession building with appropriate licenses and permits. Concessionaires are prohibited from renting sailboats or any type of motorized vessel. Collier County will provide: Periodic inspections(a minimum of once a quarter)of the concession stand premises and equipment at the operating facilities during the contract term. Garbage,trash and rubbish receptacles within the confines of the area. Structural maintenance of the facilities unless such maintenance is required because of damage caused by the concessionaire. The Concessionaire shall adhere to the requirements as noted below: 1. Hours of Operation: During the term of the Agreement the beach rental concession operation shall, at a minimum, be open and adequately staffed seven(7)days per week from 9:00 a.m.through 5:00 p.m.The Cafe/Food concession should be in operation at a minimum from 10:00 a.m.through 4 p.m.seven(7)days per week. All scheduled hours of operation must be approved by the Director of CCPRD or his/her designee. All hours of operation shall be conspicuously posted and easily read by park visitors. Page 1 of 4 Exhibit A-Scope of Services CA!) 16.D.3.c Packet Pg. 1018 Attachment: 21-7836 SSGRecreation_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) 2. Concession Operation: The Concessionaire shall provide all of the services and operations,as agreed to by the County, in this Agreement,and the proposal submitted by the Concessionaire in response to RFP#21-7836. 3. Equipment:The Concessionaire must provide and maintain,at own expense,all equipment required to operate the Beach concession. The Concessionaire shall have the right to use County equipment, furnishings, and fixtures that may be presently used in conjunction with the operations. Any equipment that is lost, stolen, or damaged shall be replaced or repaired at the expense of the Concessionaire;ordinary wear and tear is expected. Upon the expiration of the Agreement, the Concessionaire shall quietly and peacefully,redeliver said inventory to the County.If any non-motorized vessels are rented, a chase boat must always be present and operationally ready to use. Equipment (i.e., chairs, umbrellas, paddleboards) stored on the beach must be removed from the beach, consolidated, and secured along the edge of the dune line before 9:30 p.m. daily. During sea turtle nesting season(May 1 -October 31)equipment must not be moved onto the beach before the completion of daily sea turtle monitoring by Collier County staff. 4. Zoning and Permitting Requirements:CCPRD,in conjunction with the County Zoning Division,has determined that the zoning at Barefoot Beach does not need to be changed to accommodate the storage of equipment on the beach and in the parking area. The zoning is considered a compatible accessory use which allows for commercial activity at the beach location(i.e., storage of chairs on beach).However,the storage of equipment on the beach must comply with sea turtle protection as outlined in Collier County LDC 9.04.06.H.3. and Section 3 above.The Concessionaire is responsible for any future costs,and submittals,for any zone or permit requirements including but not limited to a vehicle on the beach permit. Concession operation shall operate in adherence to County ordinances regarding the protection of Flora and Fauna related to the protection of plant life and the prohibition of feeding wildlife. 5. Commission to the County:The Concessionaire shall pay to the County twenty percent(20%)of gross receipts and one hundred($100.00)dollars for utilities.Commission payments are due to the County by the fifteenth(15th)of each month for the preceding month and said payment shall be accompanied by a statement of gross receipts for the preceding month. It is also understood that the applicable Florida State Sales Use Tax on rental payments shall be added to the Concessionaire's rental payment and forwarded to the County as part of said payments.The County intends that it is to receive the rental amount as net,free and clear of all costs and charges arising from or relating to said demised premises. 6. Reports: The Concessionaire shall submit a monthly report of activities to the Director of CCPRD or his/her designee by the fifteenth(15th)of each month.This report can be in the form developed by the Concessionaire and approved by the Director of CCPRD or his/her designee.The report,as a minimum,shall include hours of operation,daily attendance figures, and weather conditions, etc. This report shall accompany the monthly statement of gross revenues and will be subject to audit. A. Certified Monthly Location Total Sales Report:By location,a summary report which identifies the total: Monthly gross sales by category(i.e.,food,beverage,rentals,merchandise,etc.); Tax dollars for gross sales; Gross Sales dollars less tax; Credit card number of transactions and dollar amount; Cash number of transactions and dollar amount;and, A clearly written certification statement that contains the following: "To the best of my knowledge, The Certified Monthly Location Total Sales Report,and any additional reports are accurate and reflect the sales and commission owed to the County." B. Daily Transaction Report: An itemized transaction report which identifies: A transaction reference number that includes the category(i.e.,food,beverage,rentals,merchandise,etc.),the cost by item, related sales tax, the total of the individual transaction, and the payment method (credit card or cash). The final page of the report should summarize the total number of transactions for that day,the dollar total of cash transactions,and the dollar total of credit card transactions. C. Shall provide the County a copy of its State Sales and Use Tax Report as prescribed by the State of Florida Revenue https://floridarevenue.com/taxes/taxesfees/pages/sales tax.aspx. 7. Gross Receipts: The term "gross receipts" is understood to mean all income collected or accrued, derived by the Concessionaire under the privileges granted by his Agreement or other document entered into with the County,excluding amounts of any Federal,State or City sales tax,or other tax,collected by the Concessionaire from customers and required Page 2 of 4 Exhibit A-Scope of Services J 16.D.3.c Packet Pg. 1019 Attachment: 21-7836 SSGRecreation_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) by law to be remitted to the taxing authority. 8. Auditing of Accounts: The Concessionaire shall,upon demand,make available locally,books of account and financial statements to authorized representatives of the Office of Internal Audit of Collier County. All financial records are to be maintained during the entire term of this Agreement and for five(5)years following the termination of this Agreement. The receipt/revenue records consist of records documenting specific receipts/revenues collected by an agency through cash,checks, electronic fund transfers(EFT), credit and debit cards, or other methods. This may include, but is not limited to, records such as cash collection records and reports; cash receipt books, cash register tapes, deposit/transfer slips, EFT notices, credit, and debit card records, receipt ledgers, receipt journal transactions and vouchers,refund records,bad check records,and other accounts receivable and related documentation. The County reserves the right to conduct unscheduled inspections at any time by an authorized representative of the Director of CCPRD or his/her designee,or by any other agency having responsibility for inspections of such operations. Concessionaire shall undertake the correction of any deficiency within five(5)days as cited by such inspectors;failure to comply shall be considered a material breach of the Agreement. 9. Employee Qualifications: Conduct of the employees of the Concessionaire shall be subject to reasonable regulation by the Director of CCPRD or his/her designee. 10. Operational Concepts:The Concessionaire must obtain written approval from the Director of CCPRD or his/her designee for any changes in operational concepts as outlined in this Agreement. 11. Appearance of Premises: The Concessionaire shall always have a neat and orderly operation and shall be solely responsible for the necessary housekeeping on and around the beach concession including the daily monitoring of the restroom facility.The Concessionaire shall make available all areas under his control for examination at any time by the CCPRD or his/her designee. Music played by the Concessionaire,or their employees must be approved by the CCPRD or his/her designee and must always be"family-friendly"and non-secular in nature. 12. Advertising and Signs: The Concessionaire shall provide,at his sole expense,required signs at all public approaches to the facility. All signage, advertising, and posting shall be approved by the Director of CCPRD or his/her designee. Unapproved signs will be removed by Parks and Recreation staff. 13. Commencement of Operation: The Concessionaire shall be open for business to the public no later than thirty(30)days after the approval of the contract by the Board of County Commissioners. 14. Licenses and Certifications: The Concessionaire shall maintain all required licenses and/or certifications to conduct business throughout the contract: Food Manager Certification State of Florida Department of Business and Professional Regulation Food Service License(this license is per location and will need to have a transfer of"ownership") State of Florida Department Division of Corporations Registration Resale Certification Safe Serve certified(certification form needs to be provided for all employees) Collier County Health Permit Florida State Food Service License(per business) The Concessionaire agrees to follow best practices to operate retail food stores,restaurants,and associated pick- up and delivery services during the COVID-19 pandemic to safeguard workers and consumers, as directed by the FDA CDC,EPA and OSHA.Please see attached FDA information for reference. Collier County Beach Vendor Permit Beer and Wine License Page 3 of 4 Exhibit A-Scope of Services 16.D.3.c Packet Pg. 1020 Attachment: 21-7836 SSGRecreation_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) C o((irr C tixfrvty tq qy u M f. aft it,aw s + * tr y., t+.. ",,,,,^. fit°,. a 3' Notsj Concess p44 Board 1 `t '`41 6*."- t ' ‘ 0 4. ; Beach r Centemi,aft k0 i Rentals v r i4. .4y:it 4, Gulf EBt@ft7©t'eBC Ranse3 " • Of Presen a County.. s:mivn fry. Mexico Pa 1+'and t as Restroo s , k « atit, 9 w per.yyy 4tvatrif ' Board s*,.- w Walk7` ra 74'r*:,11ai 4s' «- .-rraMrYr.r.e nar...._ Page 4 of 4 Exhibit A-Scope of Services 16.D.3.c Packet Pg. 1021 Attachment: 21-7836 SSGRecreation_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) Exhibit B Fee Schedule following this page (pages 1 through 1 Page 15 of 16 Revenue Generating Agreement(ver.12/20) f 16.D.3.c Packet Pg. 1022 Attachment: 21-7836 SSGRecreation_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) RFP#21-7836 "Barefoot Beach Concession Service EXHIBIT B FEE SCHEDULE The Contractor/Concessionaire shall pay to the County: 20%)of gross receipts and ($100)for utilities each month Commission payments are due to the County by the fifteenth (15th) of each month for the preceding month and said payment shall be accompanied by a statement of gross receipts for the preceding month. It is also understood that the applicable Florida State Sales Use Tax on rental payments shall be added to the Concessionaire's rental payment and forwarded to the County as part of said payments. The County intends that it is to receive the rental amount as net, free and clear of all costs and charges arising from or relating to said demised premises. The term "gross receipts" is understood to mean all income collected or accrued, derived by the Concessionaire under the privileges granted by his Agreement or other document entered into with the County, excluding amounts of any Federal, State or City sales tax, or other tax, collected by the Concessionaire from customers and required by law to be remitted to the taxing authority. Page 1 of 1 Exhibit B-Fee Schedule CAO 16.D.3.c Packet Pg. 1023 Attachment: 21-7836 SSGRecreation_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) Other Exhibit/Attachment Description: following this page (pages through ) this exhibit is not applicable Page 16 of 16 Revenue Generating Agreement(ver.12/20) 1 16.D.3.c Packet Pg. 1024 Attachment: 21-7836 SSGRecreation_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) DATE(MM/DD/YYYY)ACC0R E® CERTIFICATE OF LIABILITY INSURANCE 2/26/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONEALT NAME: Commercial Service Alliance&Associates Financial Services,Inc. NC No,Ext): 855-210-9528 A/C No): 904-930-4672 1091 Oakleaf Plantation ParkwayA ADD DREDRE SS:Certificates@alliance321.com INSURER(S)AFFORDING COVERAGE NAIC# Orange Park FL 32065 INSURER A: NORTHFIELD INS CO 27987 INSURED INSURER B: SSG Recreation,Inc INSURER C: 8000 S Orange Ave Unit#212 INSURER D: INSURER E: Orange Park FL 32065 INSURER F: COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AUULJUkSK POLILY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY) (MM/DD/YYYY) LIMITS x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000 x PRM I KtN I tU CLAIMS-MADE OCCURoccurrence)PREEMISSES(Ea 100,000 MED EXP(Any one person) $ 5,000 A Y Y WS423416 06/01/2020 06/01/2021 PERSONAL SADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 x POLICY PRO-JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINEU SINGLE LIMI f $ Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED^ n SCHEDULED BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERLY DAMAGE AUTOS ONLY AUTOS ONLY Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE DED RETENTION$ WORKERS COMPENSATION PER AND EMPLOYERS'LIABILITY Y/N STATUTE ERO H ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Employee Theft 50,000 A Crime Y Y WS423416 06/01/2020 06/01/2021 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate Holder is named as Additional Insured on the Insurance Certificate for Commercial General Liability where required.This insurance is primary and non-contributory with respect to any other insurance maintained by,or available for the benefit of,the Additional Insured.Waiver of Subrogation applies in respects to the General Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Collier County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiarni Trail East AUTHORIZED REPRESENTATIVE l Naples FL 34112 Me dy M efAli 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 16.D.3.c Packet Pg. 1025 Attachment: 21-7836 SSGRecreation_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) Progressive PROGRESS/UE' COMMERCIAL P.O.Box 94739 Cleveland,OH 44101 1-800-895-2886 Policy number: 03294926-0 Underwritten by: Progressive Express Ins Company February 24,2021 Page 1 of 1 Certificate of Insurance Certificate Holder COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 3295 PAMIAMI TRAIL EAST NAPLES, FL 34112 Insured Agent/Surplus Lines Broker SSG RECREATION INC PROG COMMERCIAL 8000 S ORANGE AVE SUITE 203 PO BOX 94739 ORLANDO, FL 32809 CLEVELAND,OH 44101 This document certifies that insurance policies identified below have been issued by the designated insurer to the insured named above for the period(s)indicated. This Certificate is issued for information purposes only. It confers no rights upon the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies listed below. The coverages afforded by the policies listed below are subject to all the terms, exclusions, limitations, endorsements, and conditions of these policies. Policy Effective Date: Feb 24,2021 Policy Expiration Date: Feb 24,2022 Insurance coverage(s) Limits Bodily Injury/Property Damage 500,000 Combined Single Limit Uninsured Motorist 10,000/$20,000 Non-Stacked Personal Injury Protection 10,000 w/Workers Comp-Named Insured Only Description of Location/Vehicles/Special Items Scheduled autos only 2003 FORD EXPLORER 1 FMZU72K93UB83586 Certificate number 05521A14926 Please be advised that the certificate holder will not be notified in the event of a mid-term cancellation. c-2-1?1rForm5241(10/02) 16.D.3.c Packet Pg. 1026 Attachment: 21-7836 SSGRecreation_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) ACCPRE) CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 03/02/2021 PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION Automatic Data Processig Insurance Agency,Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE One ADP Boulevard HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Roseland,NJ 07068 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Technology Insurance Company,Inc SSG RECREATION INC INSURER B: 8000 S Orange Ave INSURER C: Ste 212 Orlando FL 32809 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VMTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POUCY EFFECTIVE POUCY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE(MMIDDIYYYY) DATE(MMIDDIYYYY) UNITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ CLAIMS MADE OCCUR MED EXP(Any one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER:PRODUCTS-COMP/OP AGG $ POLICY JJECTT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS Per accident) PROPERTY DAMAGE $ Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY:AGG $ EXCESS 1 UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND 02/26/2021 02/26/2022 x TORY LIMITS WC STATU- TERH-A EMPLOYERS'LIABILITY IN TWC3962731 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000. OFFICER/MEMBER EXCLUDED?N Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000. If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $1,000,000. OTHER DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Collier County DATE THEREOF,THE ISSUING INSURER IMLL ENDEAVOR TO MAIL 30 DAYS WRITTEN Board of County Commissioners NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 3295 Tamiami Trail REPRESENTATIVES. East Naples FL 34112 AUTHORIZED REPRESENTATIVE Nicole Kern ACORD 25(2009/01) 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 16.D.3.c Packet Pg. 1027 Attachment: 21-7836 SSGRecreation_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836) IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s),authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2009/01) 16.D.3.c Packet Pg. 1028 Attachment: 21-7836 SSGRecreation_Contract (23602 : Termination of Revenue Generating Agreements 20-7707R and 21-7836)