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Agenda 06/27/2023 Item #11B (Contract #22-8023 for Outsourcing of County Marinas w/Blu Water Florida, LLC)06/27/2023 EXECUTIVE SUMMARY Recommendation to award Request for Proposal ("RFP") #22-8023, "Outsourcing of County Marinas," to B1uWater Florida, LLC ("B1uWater"), in which eight percent of all gross sales revenue (excluding fuel), six percent of gross sales revenue from fuel, and one hundred percent of all watercraft launch and parking fees are remitted to the County, and authorize the Chairman to sign the attached Agreement. OBJECTIVE: To continue to provide marina services for Collier County through the use of a contracted vendor. CONSIDERATIONS: The Parks and Recreation Division seeks to continue to outsource operations for the four County owned Marinas (Cocohatchee, Port of the Islands, Goodland, and Caxambas). On February 16, 2023, the Procurement Services Division posted RFP No. 22-8023, "Outsourcing of County Marinas," with a response deadline of April 4, 2023; which staff extended two additional weeks to promote the competitive process. The evaluation criteria included consideration of the proposer's cover letter/management summary; certified minority business enterprise status; revenue to the county; experience and capacity of the firm to provide the service, and local vendor preference. A selection committee met on April 12, 2023, and scored and ranked the proposals in the following order: Company Name City County State Final Responsive/Responsible Ranking B1uWater Florida, LLC Naples Collier FL 1 Yes/Yes Bilmar Property Naples Collier FL 2 Yes/Yes Management On April 17, 2023, staff met with B1uWater Florida, LLC, to begin negotiations of the contract and were able to agree to favorable terms. B1uWater has been operating in Naples, Florida since 2021 and has experienced staff in marina operations and watercraft rentals. Staff is recommending the award RFP No. 23-8023 to B1uWater Florida, LLC., who demonstrated the strongest credentials and resources to perform the required scope of work. Under the terms negotiated by staff, B1uWater will remit eight percent of all gross sales revenue (excluding fuel) and six percent of gross sales revenue from fuel to the County monthly. In addition, the County will receive one hundred percent of watercraft launch and parking fees. B1uWater will be provide the following services: • Ship Store operations • Live bait sales • Fuel • Dry slip assignment • Watersport rentals • Boater evictions • Marketing of facilities • Cleaning of facilities B1uWater currently runs a successful watersport rental operation on Marco Island. B1uWater will commence services to Cocohatchee, Port of the Islands, and Goodland upon execution of agreement. Due to Hurricane Ian the Caxambas Marina remains closed as staff continues to work on repairs. Once Caxambas Marina is reopened to the public, B1uWater will operate that Marina too. Packet Pg. 247 06/27/2023 Subject to the Board's approval of proposed attached Agreement No. 22-8023 with B1uWater Florida, LLC, it will replace the existing Agreement No. 12-5914R with Paradise Property Management, Inc. The agreement period advertised in RFP No. 22-8023 included an initial one-year term, with four annual renewals; however during negotiations B1uWater requested a two year initial term, with three one-year renewals. County staff agreed to include that change in the contract terms due to the heavy nature of investment for the marinas such as staffing, fuel, inventory, and other initial startup costs. FISCAL IMPACT: Parks and Recreation shall receive eight (8) percent of all gross sales revenue (excluding fuel), six (6) percent of gross sales revenue from fuel, and one hundred (100) percent of watercraft launching, and parking fees remitted to the County; in addition to utility expenses of $560.00 per marina. Monthly payments will be deposited into fund center 001-156364. GROWTH MANAGEMENT IMPACT: There are no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: To award Request for Proposal #22-8023, "Outsourcing of County Marinas," to B1uWater Florida, LLC, in which eight percent of all gross sales revenue (excluding fuel), six percent of gross sales revenue from fuel, and one hundred percent of all watercraft launch and parking fees are remitted to the County, and authorize the Chairman to sign the attached Agreement. Prepared By: Viviana Giarimoustas, Contracts Administration Specialist, Public Services ATTACHMENT(S) 1.22-8023 Contract B1uWater VendorSigned (PDF) 2.22-8023 NORA (PDF) 3.22-8023 Solicitation Revised (PDF) 4.22-8023 Final Ranking (PDF) 5. Proposal B1uWater (PDF) 6.22-8023 COI_B1uWater(PDF) Packet Pg. 248 11.B 06/27/2023 COLLIER COUNTY Board of County Commissioners Item Number: I LB Doc ID: 25870 Item Summary: Recommendation to award Request for Proposal ("RFP") #22-8023, "Outsourcing of County Marinas," to B1uWater Florida, LLC. (`B1uWater") in which eight percent of all gross sales revenue (excluding fuel), six percent of gross sales revenue from fuel, and one hundred percent of all watercraft launch and parking fees are remitted to the County, and authorize the Chairman to sign the attached Agreement. (Olema Edwards, Parks and Recreation Division Director) Meeting Date: 06/27/2023 Prepared by: Title: — Operations & Veteran Services Name: Jeff Newman 06/16/2023 12:22 PM Submitted by: Title: — Operations & Veteran Services Name: Jeff Newman 06/16/2023 12:22 PM Approved By: Review: Operations & Veteran Services Jeff Weir OVS Director Review Parks & Recreation Olema Edwards Additional Reviewer Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Procurement Services Kristofer Lopez Additional Reviewer Procurement Services Sue Zimmerman Additional Reviewer Public Services Department Geoffrey Willig PSD Level 1 Reviewer Public Services Department Jeff Weir PSD Department Head Review Procurement Services Sandra Herrera Procurement Director Review County Attorney's Office Scott Teach Level 2 Attorney Review Operations & Veteran Services Jeff Weir Director Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Office of Management and Budget Blanca Aquino Luque Additional Reviewer County Manager's Office Dan Rodriguez Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 06/16/2023 12:42 PM Completed 06/16/2023 1:25 PM Completed 06/16/2023 3:08 PM Completed 06/16/2023 4:35 PM Completed 06/16/2023 4:37 PM Skipped 06/19/2023 8:57 AM Completed 06/19/2023 9:01 AM Completed 06/19/2023 9:35 AM Completed 06/19/2023 12:06 PM Completed 06/19/2023 1:23 PM Completed 06/19/2023 1:40 PM Completed 06/19/2023 2:22 PM Completed 06/19/2023 3:40 PM Completed 06/20/2023 10:57 AM 06/27/2023 9:00 AM Packet Pg. 249 11.B.a REVENUE GENERATING AGREEMENT # 22-8023 for OUTSOURCING OF COUNTY MARINAS THIS AGREEMENT, made and entered into on this day of 2023 by and between BluWater Florida LLC , authorized to do business in the State of Florida, whose business address is 5291 Maple LN, Nap les,Florida 34113 _ , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County") (collectively, the "Parties"): AGREEMENT TERM, The Agreement shall be for a two (2 ) year period, commencing Al upon the date of Board approval; or-ED-enand terminating two ( 2 ) 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 three (3 ) 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 designee, may, at the County Manager's 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 designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of Request for Proposal (RFP ) # 22-8023 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 Exh!bit A — Scope of Services attached hereto. It is not permissible for other County divisions or governmental entities to utilize the Agreement. 2.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. Page 1 of 15 Revenue Generating Agreement (ver.12/20) Packet Pg. 250 11.B.a 3. THE AGREEMENT SUM. The Contractor shall pay the County for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto. 4. 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 (15i') 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. 5. 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 (1511) day of the following month that contains, at minimum, the hours of operation, daily attendance figures, and weather conditions. 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 Contractor 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 Contractor's assets on County property and may cancel this Agreement, The County has no duty to notify the Contractor of its failure to remit any such payment or report. Contractor's failure to produce these required monthly reports shall be considered a material breach of the Agreement. The monthly report will be reviewed for approval by the Director of Parks and Recreation, or Designee. The Contractor shall also provide the County a copy of its State Sales and Use Tax Report, as prescribed by the State of Florida Revenue http,lldor.myflorida.com/dor/taxes/sales tax.html#tab1. 6. 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. 7. SALE5 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 15 Revenue Generating Agreement (ver.12120) CAO Packet Pg. 251 11.B.a 8. N• 1�. 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: Address: Authorized Agent: Attention Name & Title: Telephone: Email(s): BluWater Florida LLC 5291 Maples Lane Naples, FL 34113 Cam -Nguyen, CEO (239) 631-9599 Bluewaterrentals(a0mail.corn 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 Division Director: Olema L. Edwards Address: 15000_Livingston Road Naples, FL. 34109 Contract Administrator: Viviana Giarimoustas, Contract Administration Specialist Telephone: (239) 252-4915 Email(s): Viviana.Giarimoustas(cDcolliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 9. 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. 10. MAINTENANCE AND REPAIRS. The Contractor shall, to the satisfaction of the Collier County Parks and Recreation Director or authorized representative, provide normal and routine daily, monthly, and yearly maintenance of the facilities, designed to keep the premises and equipment clean and in a good state of repair, free from hazardous conditions and deterioration, thus providing for the comfort and safety of visitors and patrons. Any improvements to the site or existing structures must be approved in writing by Collier County Parks and Recreation Director or authorized representative. 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 Contractor shall be paid for by the Contractor. The County will make and/or manage repairs including, but not limited to: landscaping: mowing, herbicide and pesticide application; exterior painting; Air Conditioning; roadways and sidewalks within the park; exotic flora/faunal removal; and County, State, and Federal signage within the County facilities. Page 3 of 15 Revenue Generating Agreement (ver.12120) AO Packet Pg. 252 11.B.a 11. 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. 12. 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 shall 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. 13. 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 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. 14. 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. 15. 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 Page 4 of 15 Revenue Generating Agreement (ver.12124) Packet Pg. 253 11.B.a Contractor with notice of the availability of plans for any remodeling of the facilities. 16. 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. 17. 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. 18, 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. 19. 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. 20. 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 the premises. There shall be no living quarters, nor shall anyone be permitted to live on the premises. 21. 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/pants 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 eighteen (18) 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). (See Exhibit A, Attachment B) 22, 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 a Recreation Director or designee. All days and hours shall be conspicuously posted and easily read E by park visitors. Any changes from posted hours and days will be communicated to the County no less than seven (7) calendar days prior to the identified schedule change. The operation should Q continue throughout the year including applicable holidays. Page 5 of 15 Revenue Generating Agreement (ver.12120) VAQ Packet Pg. 254 11.B.a The Contractor may open additional days, subject to prior written approval of the Director of Parks and Recreation or Designee. The Contractor shall be responsible to the Director of Parks and Recreation Division for the satisfactory and courteous operation of the programs and concessions. 23. NO DISCRIMINATION. There shall be no discrimination as to race, gender, color, creed or national origin in the operations required by this Agreement nor shall there be any discrimination regarding the 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. 24. 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. 25. COUNTY CONTROL 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 of special events as previously mentioned in numbered paragraph 15, the Contractor will be notified, as deemed necessary by the Director of Parks and Recreation or Designee. 26. FLORIDA LAW. This Agreement shall be governed by and construed in accordance with the Laws of the State of Florida. 27. 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. 28. 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. 29. 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. 30. 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. 31. 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 Page 6 of 16 Revenue Generating Agreement (ver.12/20) CAQ Packet Pg. 255 11.B.a 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. 32. SIGNAGE. The Contractor shall provide, at its 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 Division. The use of the Collier County Logo is prohibited, 33. TERMINATION. Should the Contractor be found to have failed to perform its services in a manner unsatisfactory 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. 34. INSURANCE. The Contractor shall provide insurance as follows: A. 0 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. 0 Business -Auto Liability- Coverage shall have minimum limits of $ 500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. C. *Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limitof $ 500,000 for each accident. D. 0 Hull Protection & Indemnity : Coverage shall have a minimum limit of $1,000,000 per occurrence. E. 0 Crime/Employee Dishonesty : Coverage shall have a minimum limit of $100,000 per claim & in the aggregate. Page 7 of 15 Revenue Generating Agreement (ver.12120) C Fed Packet Pg. 256 11.B.a 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. 35. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County, 36.1 The duty to defend under this Article 36 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 36 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 36. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Parks and Recreation Division 37. CONFLICT OF INJEBEST. 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. 38. APPLICABILITY_. Only the sections corresponding to any checked box (0) will apply to this Agreement. Page 8 of 15 Revenue Generating Agreement (ver.12120) O Packet Pg. 257 11.B.a 39. 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 0 Proposal (RFP), [] I�avit�t+erg—te—Bfd—rud+�—€x+pitssle►te--aad Addendaddendi im and-Othe 40. PROHIBITION OF QIETS 10 MUNTY 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 111, 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. 41. 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, equalempioyment 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: Communications, Government & Public Affairs Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordReg uest(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 Page 9 of 15 Revenue Generating Agreement (ver.12/20) Packet Pg. 258 11.B.a 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. 42. 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. 43. ADDITIONAL ITEMSISERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, the County's Procurement Policies and Procedures, and the terms of the Agreement. 44. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed - upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 45. 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 and for Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 46. 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. 47. ORDER OEP_RECEDENCE, 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. 48. 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 Page 10 of 15 Revenue Generating Agreement (ver.12/20) Packet Pg. 259 11.B.a 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. 49. 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-FMOPSRcolliergov.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 11 of 15 Revenue Generating Agreement (ver.12120) Packet Pg. 260 11.B.a 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. ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller In Dated: (Seal) Contractor's Witnesses: First Wit s PAY MotrrWM6ky kla-/'W, Print Name and Title Second Witness Print -'Name and Title Approved as to Form and Legality: County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA IS RICK LOCASTRO Chairman Contractor: BLUWATER FLORIDA LLC By: — Signature �lli Ae'51we'i f ezv Print Naphe 6nd Title Page 12 of 15 Revenue Generating Agreement (ver.12/20) CIPQ Scanned With CamSCann Packet Pg. 261 11.B.a Exhibit A SCOPE OF SERVICES following this page (pages 1 through 23 Page 13 of 15 Revenue Generating Agreement (ver,12120) Packet Pg. 262 11.B.a Request for Proposal (RFP) #22-8023 "Outsourcing of County Marinas" Exhibit A SCOPE OF SERVICES This Agreement is for the operation and management of fora' (4) County owned marinas located at Port of the Islands Park, Goodland Boat Park, Caxambas Boat Park, and Cocohatchee River Park. DETAILED SCOPE OF WORK 1. Marina Operations and Responsibilities The Contractor will conduct daily operations of the marina, manage the commercial fishing and charter activities for a fee and provide and operate permitted concessionaires. The Contractor shall also have the ability to lease recreational and commercial boat docks (both wet and dry boat dock slips) using Board approved lease agreements and standard rental rates set forth in the Parks and Recreation Fee Policy Resolution 2021-263, as may be amended. The Contractor is authorized to conduct the following types of business and/or service(s) including but are not limited to: • Retail sales and services (pursuant to approved local zoning) • Live Bait Sales • Fuel Sales • Dry slip assignment and boater registration • Reservations for day slip rentals • Boater evictions — dry storage • Posting weather and We reports • Marketing of facilities • Safety and Security of the facilities The Contractor shall always maintain safe dock operations. The Contractor will also be maintain the current Florida Department of Environmental Protection (FDEP) Clean Marina Designation at each of the marinas and assist the County in ensuring only permitted commercial operators use the marina facilities. The location and background of each marina can be found in Attachment A (attached hereto). The use of boat docks by County Departments/Divisions is exempt from entering into the lease agreement requirement provided: (1) Any cost of using such boat docks shall be internally processed by the County Department/Division using the boat dock(s) through an interdepartmental transfer of fees consistent with the established standard rental rates. (2) The County Department/Division shall be limited to one vehicle parking space while using the boat dock. (3) The use of boat docks by a County Department/Division shall not exceed one year, subject to an annual request for renewal made in writing by the County Department/Division at least thirty (30) days before the expiration from the date of commencement. 2. Staffing The Contractor shall have a manager onsite during the hours of operation at each location as described in Attachment A (attached hereto). When the manager is absent, the operation shall be supervised by an assistant manager who is trained Page I of 5 Exhibit A -- Scope of Services r AQ Packet Pg. 263 11.B.a Request for Proposal (RFP) 422-8023 "Outsourcing of County Marinas" in marina operations and at least 18 years of age. The Contractor shall provide an after-hours contact person available by phone. The after-hours contact number shall be provided to wet slip renters and to the Director of Parks and Reereation or designee. Background checks shall be conducted for all employees prior to working at the marina. It is the responsibility of the Contractor to ensure a background check has been done. Background checks must go through the Collier County Facilities Management Division for processing. In addition, a drug and alcohol policy should be provided that is consistent with County Policies Attachment B (attached hereto). The Contractor must provide each employee with its employee policies handbook. Collier County expects the Contractor and its staff conduct themselves in a professional and courteous manner at all times. The County expects that current marina employees will be provided an opportunity for employment with the new Contractor. Proposals submitted by the Contractor should address the continued employment of the current employees. 3. Ship -store Operations The Contractor must use point -of -sale electronic cash machines or other electronic accounting control equipment for the proper control of all payments. Cash register tapes must be maintained and made available upon request during the term of the agreement. All sales must be accompanied by a receipt to the customer. All electronic cash equipment and accounting procedures must be approved by the Collier County Clerk of Court Finance Department. The Contractor may sell any concessions and boating supplies if such items are permitted under State of Florida law, local zoning regulations, and the Contractor has obtained the proper licensing/tax permits for such sales. Any equipment necessary for the sale of concessions, other than the existing equipment, must be furnished and maintained by the Contractor. Any pending slip rental deposits will be coordinated with the current Contractor. All proceeds from the sale of boat launch fees and parking fees shall be remitted in full to the County. 4. Licenses and Certifications Contractor shall maintain any required licenses and/or certifications to conduct business. 5. Marketing The Contractor shall actively market the boating opportunities at the marina. A marketing plan shall be included in the proposal for review. Annual updates are expected and should be reviewed and approved by the Director of Parks and Recreation or designee for approval. The Contractor shall utilize a website and printed material that describes the services and facilities available at the marina. Advertising expenses are solely the responsibility of the Contractor. 6. Safety and Security The County will not assume any responsibility for marina security other than the security cameras at the wet -slips, in the ship -store, on the marina common areas, routine law enforcement patrols on land and on the water, and Collier County Park Ranger patrols. The Contractor shall have a written safety and security plan included in its proposal. A first aid kit must be present at each location and shall be at the expense of the Contractor. An Automated External Defibrillator (AED) will be provided by the County. The Contractor will cooperate with all jurisdictional law enforcement agencies and personnel. 7. Fees and Charges The Contractor shall provide the County with a copy of the customer fee schedule for services on an annual basis. All prices must be displayed and visible to the customers. Additionally, all prices and fees must be approved in writing by Page 2 of 5 Exhibit A — Scope of Services v, AO Packet Pg. 264 11.B.a Request for Proposal (RFP) H22-8023 "Outsourcing of County Marinas" the Director of Parks and Recreation or designee. If any changes or revisions are [Wade throughout the year, the Contractor shall notify the Director of Parks and Recreation or designee in writing for approval. Customer fee schedule will include retail cost of ship store merchandise including but not limited to food, sundries, clothing, maps, live and frozen bait, tackle, and ice. Customer fee schedule will also include fees for day dry slip and long-term dry slip rental. The Parks and Recreation Division shall be paid a fixed monthly fee. In addition the County shall receive all fees associated with all boat launching and parking fees. Each marina has a meter where patrons can pay for parking and launch fees. In the event of a meter breakdown, patrons may pay the Contractor inside the store. The Contractor shall collect the funds and notify Parks' staff immediately of any meter issues. All parking and boat launching fees collected will be identified and sent to the County along with the fixed monthly fee, which is due on the 15"' of each month. If not paid by the end of the 20"', a late charge of $50 per day may be added to fees due beginning on the 21". The Florida State Sales Use Tax on rental payments is not included and shall be added to the monthly fee and forwarded to the County as part of payment. The Contractor shall also pay all sales, consumer, use and other taxes. The County will pay "The Retreat at Port of the Islands" annual fee per the County's purchase agreement. 8. Utilities The Contractor will pay the County a flat fee of $560 per month for utilities per Marina. Utilities will be adjusted annually based on the prior fiscal year mean average of all locations. New fee will begin January I S` of the following year. 4. Reparting Requirements A written annual report of the following must be sent to Collier County's Operations and Veteran Services Designee and Parks and Recreation Director. • Slip occupancy (both number and dollars), historical comparison (month to month) • Fuel sales (both number and dollars), historical comparison (month to month) • Marketing promotions • Non -routine expenses • Safety and Environmental Incidents • Special Events (number of events and attendees) • Monthly gross sales for all lines of business at each location (i.e., food, beverage, rentals, merchandise etc.) • Tax dollars for the gross sales • Provide information required for submerged land lease annual reports per Florida Department of Environmental Protection In the event of an accident or incident to park visitors and/or property a written notification must be provided to tine Director of Parks and Recreation or designee immediately followed by a written incident report. 10. Facilities Tine facilities will be presented as is without further modifications. A walk-through with the Contractor may be provided upon request. 11. Supplies and Equipment The Contractor shall be responsible for the proper care of all existing equipment and fixtures. The Contractor will be responsible for identifying and working with the County on any repair, maintenance, and replacement of existing equipment and fixtures; ordinary wear and tear is expected. Any improvements or replacements of equipment including Page 3 of 5 Exhibit A — Scope of Services Packet Pg. 265 11.B.a Request for Proposal (RFP) #22-8023 "Outsourcing of County Marinas" capital equipment, made for the benefit of the Contractor shall be paid for by the Contractor and approved in advance in writing by the Director of Parks and Recreation or designee. 12. General Repairs and Maintenance The County will manage all maintenance and repairs including, but not limited to: • Landscaping: mowing, herbicide, and pesticide application • Exterior painting • Power washing boardwalk • Boat Ramp • Roadways and sidewalks within the marina • Exotic flora/faunal removal • County, State, and Federal signage within the marina • Dock repair and maintenance, wet and/or dry slips. • Fuel tank monthly inspections and repairs • Air Conditioning • Freezer or equipment replacement • Flooring • Walk in freezer The Contractor should keep the premises and equipment in good order, free from hazardous conditions and deterioration, thus providing for the comfort and safety of visitors and patrons. To ensure the facilities are maintained in safe condition, the Contractor shall perform routine inspections. The Contractor is responsible for cleaning the windows and clearing all entry ways of cobwebs and dust on a bi-weekly basis. The interior of the building shall also be clean of dust and regularly maintained. The County reserves the right to conduct unscheduled inspections. In the event of a fueling equipment repair, the Contractor shall contact the appropriate Environmental Specialist from the County's Solid Waste Management Division. The same procedure shall apply for any fuel spillage. A Spill Response Poster will be provided to the Contractor that will include the relevant contact person for these situations. Any other maintenance and repair inquiries shall be made to the Director of Parks and Recreation or designee. 13. Capital Improvements Capital improvements can be made to any facility with the written pre -approval of the Director of Parks and Recreation or designee. All capital improvements will become the property of Collier County at the end of the term of the agreement. 14. Trash, Rubbish, and Garbage Removal, Including Recycling The County will be responsible for providing County approved trash and recycling receptacles. A dumpster and enclosure will be provided and the County shall be responsible for the removal of all trash from the dumpster. The Contractor shall be responsible for cleaning the fish cleaning tables daily and emptying the fish entrails receptacles located at the fish cleaning table into the dumpster daily. The Contractor will remove litter in the immediate exterior area within fifty (50) feet of the ship stores on a daily basis. Page 4 of 5 Exhibit A — Scope of Services Packet Pg. 266 11.B.a Request for Proposal (RFP) #22-8023 "Outsourcing of County Marinas" 15. Restrooms The public restrooms will be cleaned by the Contractor, except for Cocohatchee River Park. Toilet paper and other restroonr supplies will be supplied by the Contractor. The Contractor will be expected to ensure that the restroors are inspected for cleanliness, stocked with supplies daily, and perform any cleaning services that are needed. 16. Transition The anticipated date for the Contractor to commence business operations is May 2023. Due to Hurricane Ian, the conditions of each Marina are evolving. Port of the Islands Marina is currently fully operational, and the Contractor is expected to commence services as soon as possible. The Goodland Marina is currently partially operational. The County is working on repairs to the east dock which is currently closed. Repairs are expected to be completed prior to an agreement being in place. The Cocohatchee Marina is operational at this time, with the exception of the ship store. The County is working on repairs and expects to have work completed prior to an agreement being in place. The Caxambas Marina will unfortunately remain closed for the foreseeable future. The County continues to work on repairs and expects to be fully operational by Fall 2024. Contractor will operate Caxambas Marina once open to the public. 17. Use of Facilities is Primary The Marinas are for the use of the public for recreational and other public purposes and the public's right to such use shall not be infringed upon by any activity of the Concessionaire. However, this does not preclude the Concessionaire from scheduling promotional events, such as weddings, receptions, high school graduation parties, etc., which might temporarily limit access to the event site, subject to the prior written approval of each event, on a case -by -case basis by the Director of Parks and Recreation or designee. Such request for approval must be submitted in writing at least 30 days prior to the event in order for the request of use to be considered. Page 5 of 5 Exhibit A— Scope of Services rN Packet Pg. 267 11.B.a ATTACHMENT A - MARINA LOCATIONS Port of the Islands Park i'' f The port of the Islands Marina is located on scenic highway US 41, 20 miles from downtown Naples, Florida and a mere 15 minutes from Marco Island and Everglades City. The Marina provides boaters with direct access to the Gulf of Mexico and the famed Ten Thousand Islands, The location has the following: • Bait Tanks: Two (2) saltwater bait tanks for live bait sales. • Boat Dry Storage: There are 32 dry storage boat and trailer spaces • Fee Meter: is located at the boat ramp area • Fish Cleaning Station: is located near the boat ramp and is equipped with running water and a disposal station for fish entrails • Fuel: 10,000 gallons Ethanol -free fuel Packet Pg. 268 11.B.a • Hours of Operation: The Ship -store is currently open 7 days a week/365 days a year from 7 am to 5 pm. The Marina and boat ramp are currently open 7 days a week/365 days a year from 7 am to dusk • Parking: There are 22 boat trailer parking spaces, 6 ship store parking, and 10 public park car parking spaces • Ramp: There is a one/two lane boat ramp • Ship-Store/Rest room s/Office/Storage/Meeting Facility: A 2,800 square foot ship store and office provides retail sales; restroom facilities; manatee education kiosk required by FWC permit; storage room; and adjacent meeting facility Packet Pg. 269 11.B.a Goodland Boat Park OW .N. 6G1 p ya, _ y ttAAtt �--yykf�'•Yjj .1 - ��� c, l A The Goodland Boat Park (Marina) is located on the historic island of Goodland, Florida. This location provides direct access to the Ten Thousand Islands, the celebrated backwaters of the Everglades. • Bait Tanks: There are 2 saltwater bait tanks for live bait • Boat Slips: There are 12 wet slips equipped with water and power. One slip is made available to local law enforcement. There is also 1 floating dock that is ADA accessible. • Fee Meter: is located at the boat ramp area • Fish Cleaning Station: is located near the boat ramp and is equipped with running water and a disposal station for fish entrails. • Fishing and Observation Platforms: are located on the dock. • Hours of Operation: The Ship -store is currently open 7 days a week/365 days a year from 7 am to 2 pm. The Marina and boat ramp are currently open 7 days a week/365 days a year from 7 am to dusk. Packet Pg. 2 0771 11.B.a • The Marina is equipped with an automatic gate at the land -side entrance to the park. The gate is timed to open at 6:30 am and to close at dusk. If you are in the Marina after operating hours you are able to leave the park, but you are not to enter; the gate does not permit re-entry after hours. • Parking: There are boat trailer parking spaces and car parking spaces. • Picnic Pavilion: A covered picnic pavilion with electrical outlets and 4 picnic tables is located adjacent to the Ship -Store facility. An in -ground b-b-q is available adjacent to the pavilion. • Ramp: one / two lane boat ramp. • Snip-Store/Restrooms/Office/Storage/Meeting Facility: A 1,725 square foot with a wrap -around porch, provides limited retail sales; a dock -master office; storage room; and adjacent meeting facility. • Restroom Facilities: Located on the outside of the building. Doors open automatically at 7 am and close at dusk 7 days a week/365 days a year. • Special Events: Collier County Parks and Recreation, per a Limited Use Agreement approved by the Board of County Commissioners, provides space at the Marina for a minimum of three (3) annual at a maximum two-day special events that do infringe on the MOA. • in addition, a number of fishing tournaments are held each year by local/regional organizations that will utilize the boat ramp and make purchases from the Ship -Store. O Packet Pg. 271 11.B.a Cocohatchee River Park The Cocohatchee River Park Marina is located in North Naples, providing boaters and fisherman with direct access to the Gulf of Mexico through Wiggins Pass. • Bait Tanks. There are 2 salt water bait tank for live bait sales. • Fee Meter: Located at the boat ramp area • Fish Cleaning Station: is located near the boat ramp and is equipped with running water and a disposal station for fish entrails. • Fuel: 3,000 gallon Diesel and 9,000 gallon Non -ethanol fuel tanks. • Hours of Operation: The Ship -store is currently open 7 days a week/365 days a year from 7 am to 3 pm Monday --Thursday, 7 am to 5 pm Friday -Sunday. The Marina and boat ramp are currently open 7 days a week/365 days a year from 7 am to dusk. • Parking: There are 80 boat trailer parking spaces and 39 park car parking spaces. • Ramp: One/ two lane launch ramp. • Ship-Store/Rest room s/Office/Storage: A 1,060 square foot ship store and office provides retail sales including tackle, charts, t-shirks, caps, live and frozen bait, ice, drinks, and snacks; restroom facilities are located at the Coast Guard Station. • Wet Slips: 38 wet slips are available for short and long term rental. NO Packet Pg. 272 11.B.a Caxambas Boat Park The Caxambas Boat Park is located on Marco Island, Florida and is the largest in the Ten Thousand island chain. This provides boaters and fisherman with easy access to the Gulf of Mexico and the Ten Thousand Island chain. • Bait Tanks: There are 2 saltwater bait tank for live bait sales. • Coast Guard Auxiliary Station: Provides boating classes. A new building has been recently constructed on the far left of the facility (building not included in picture). • Fee Meter: Located at the boat ramp area • Fish Cleaning Station: Located near the boat ramp and is equipped with running water and a disposal station for fish entrails. • Fuel: 5,011 gallon Diesel and 5,011 gallon Ethanol -free fuel. • Hours of Operation: The Ship -store is currently open 7 days a week/365 days•a year from 7 am to 5 pm. The Marina and boat ramp are currently open 7 days a week/365 days a year from 7 am to dusk. • Parking: There are 28 boat trailer parking spaces and 13 car parking spaces. • Ramp: One/ lane launch ramp. • Ship-Store/Restrooms/Office/Storage: A 1,098 square foot ship store and office provides retail sales including tackle, charts, t-shirts, caps, fuel additives, live and frozen bait, ice, drinks, lottery, and snacks; restroom facilities; and small storage room, Packet Pg. 2 3 ATTACHMENT B 11.B.a CMA 5312 DRUG FREE WORKPLACE [Effective Date: August 1, 1999 (Revised: October 1, 2001; Revised: October 1, 2003; Revised December 6, 2005; Revised June 2, 2006; Revised September 10, 2010; Revised: November 18, 2013; Revised: August 28, 2017)] § 5312-1. Purpose. The purpose of this Instruction is to provide for procedures and implementation of the Drug -Free Workplace policy as authorized by the County Manager. § 5312-2. Concept. The Board of County Commissioners (BCC) has a vital interest in maintaining a safe, healthy, and efficient working environment. Being under the influence of a drug or alcohol on the job or the use, sale, purchase, transfer, or possession of an illegal drug or alcohol in the workplace poses unacceptable risks for safe, healthy, and efficient operations to the user and to all those who work with the user. Collier County is obligated to the public and its employees to provide services that are free of the influence of illegal drugs and alcohol and will endeavor through this policy to provide drug -and alcohol -free services. A. Employees will be informed of the dangers of alcohol and/or drug use in the workplace during New Hire Orientation within the first month of employment. B. The County intends, through this policy, to comply with federal and state rules, regulations or laws that relate to the maintenance of a workplace free from illegal drugs and alcohol. C. It is also County policy to comply with the Omnibus Transportation Employee Testing Act of1991; § 440.102 and 112.0455, Ma, Slat.; Drug -Free Workplace Act; 49 CFR Parts 40 and 382; and 49 USG 31306, Alcohol and controlled substances testing. D. All employees in a mandatory testing position, safety sensitive position or performing safety sensitive functions, shall be subject to drug and alcohol regulations included in this policy. All applicants offered employment with the County will be required to take and pass a drug test prior to being employed. § 5312-3. Definitions. Authorized Collection Personnel is a person who instructs and assists employees at a collection site, who receives and makes an initial inspection of the specimen provided by those employees, and who initiates and completes the Federal Drug Testing Custody and Control Form (CCF). Commercial Driver's License (CDL): A commercial driver's license is required to operate any combination of vehicles with a gross combination weight rating (GCWR) of 26,001 lbs. or more, to include a towed vehicle that is HEAVIER than 10,000 lbs. There are 3 classifications: A, B and C with additional endorsements that can be found at the Florida Department of Motor Vehicles. CDL requirements are included in the job classification. Confirmation Test, Confirmed Test or Confirmed Drug Test is a second analytical procedure used to identify the presence of a specific drug or metabolite in a specimen, which test must be different in scientific principle from that of the initial test procedure and must be capable of providing requisite specificity, sensitivity, and quantitative accuracy. Controlled Substance is a controlled substance as defined in Schedules I through V of § 893.03, Fla. Slat. Conviction is a finding of guilt (including a plea of no contest) or imposition of sentence or both, by any Page 1 of 12 Packet Pg. 274 11.B.a CMA 5312 DRUG FREE WORKPLACE judicial body charged with the responsibility to determine violations of the federal or state criminal drug statutes. Criminal Drug Statute is a criminal statute involving the illegal manufacture, collection, distribution, dispensation, use or possession of any controlled substance. Drug Employee Representative (DER) is defined in 49 CFR Part 40, the DER is an employee authorized by the employer to take immediate action(s) to remove employees frons safety -sensitive duties, or cause employees to be removed from these covered duties, and to make required decisions in the testing and evaluation processes. The DER also receives test results and other communications for the employer, consistent with the requirements of this part. The Environmental Health and Safety (EHS) Manager is the DER for the Board of County Commissioners (BCC). Drug includes alcohol, distilled spirit, wine, a malt beverage, or an intoxicating liquor; an amphetamine; a cannabinoid; cocaine; phencyclidine (PCP); a hallucinogen; methaqualone; an opiate; a barbiturate; a benzodiazepine; a synthetic narcotic; a designer drug; or a metabolite of any of the substances listed in Fla. Slat. § 893.03; Drug Abuse Prevention and Control. An employer may test an individual for any or all such drugs. Drug Test or Test includes any chemical, biological, or physical instrumental analysis administered by a laboratory certified by the United States Department of Health and Human Services or licensed by the Agency for Health Care Administration, for the purpose of determining the presence or absence of a drug or its metabolites. Employee is any person who works for salary, wages, or other remuneration for the County. Vendor staffs are not included. Employee Assistance Program (EAP) is an established program capable of providing expert assessment of employee personal concerns; confidential and timely identification services with regard to employee drug abuse; referrals of employees for appropriate diagnosis, treatment, and assistance; and follow-up services for employees who participate in the program or require monitoring after returning to work. If, in addition to the above activities, an employee assistance program provides diagnostic and treatment services, these services shall in all cases be provided by service providers pursuant to § 397.311(28), Fla. Stat.. Employer is a person or entity that employs a person and that is covered by the Workers' Compensation Law. Federal Drug Testing Custody and Control Form (CCF). The Federal Drug Testing Custody and Control Form (CCF) must be used to document every urine collection required by the DOT drug testing program. Initial Drug Test is a sensitive, rapid, and reliable procedure to identify negative and presumptive positive specimens, using an immunoassay procedure or an equivalent, or a more accurate scientifically accepted method approved by the United States Food and Drug Administration or the Agency for Health Care Administration as such more accurate technology becomes available to be more cost-effective. Job Applicant is an external applicant who has applied for a position with the County and has been offered employment conditioned upon successfully passing a drug test. Mandatory Drug Testing. § 440.102(o), Fla, Slat, defines "Mandatory -Testing Position" means, with respect to a public employer, a job assignment that requires the employee to carry a firearm, work closely with an employee who carries a firearm, perform life -threatening procedures, work with heavy or dangerous machinery, work as a safety inspector, work with children, work with detainees in the correctional system, Page 2 of 12 No Packet Pg. 275 11.B.a CMA 5312 DRUG FREE WORKPLACE work with confidential information or documents pertaining to criminal investigations, work with controlled substances, or a job assignment that requires an employee security background check, pursuant to s. i 10.1127, or a job assignment in which a momentary lapse in attention could result in injury or death to another person. Medical Review Officer (MRO) is a licensed physician, employed by or contracted with an employer, who has knowledge of substance abuse disorders, laboratory testing procedures, and chain of custody collection procedures; who verifies positive, confirmed test results; and who has the necessary medical training to interpret and evaluate an employee's or job applicant's positive test result in relation to the employee's or job applicant's medical history or any other relevant biomedical information. Non-CDL Drivers — Any County employee who has a position that requires them to drive a County Vehicle at least 5I % of the time as part of their normal duties as determined by Risk Management and the Division Director. Prescription or Non -Prescription Medication is a drug or medication obtained pursuant to a prescription as defined by Section 893.02 or a medication that is authorized pursuant to federal or state law for general distribution and use without a prescription in the treatment of human diseases, ailments, or injuries. Prescription and over-the-counter drugs are not prohibited when taken in label dosage and/or according to a physician's prescription. Public Employer is any agency within state, County, or municipal government that employs individuals for a salary, wages, or other remuneration. Random/Suspicionless Drug Testing is a method of testing for drug use by employees through a process of random selection. These tests are conducted without prior notice to the employee and a systematic selection process is used to assure that each employee has an equal chance of being chosen for testing. Because there is no prior notice as to when this testing will occur, or who will be selected, randomisuspicionless drug testing serves both to detect and deter drug use. Employees with a Commercial Driver's License (CDL) or meet the requirements under Safety -Sensitive fall into this category. Reasonable -Suspicion Drug Testing. § 440.102(n), Fla. Stat. defines reasonable suspicion drug testing based on a belief that an employee is using or has used drugs in violation of the employer's policy drawn from specific objective, facts and reasonable inferences drawn from those facts in light of experience. Among other things, such facts and inferences may be based upon: (a) Observable phenomena while at work, such as direct observation of drug use or of the physical symptoms or manifestations of being under the influence of a drug. (b) Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. (c) A report of drug use, provided by a reliable and credible source. (d) Evidence that an individual has tampered with a drug test during his or her employment with the current employer. (e) Information that an employee has caused, contributed to, or been involved in an accident while at work. (f) Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on the employer's premises or while operating the employer's vehicle, machinery, or equipment. Risk Management Hazard Assessment is a systematic process of evaluating the potential risks that may be involved in a projected activity or undertaking and assigning a probability and severity score to identify a Page 3of12 Packet Pg. 276 11.B.a CMA 5312 DRUG FREE WORKPLACE category of risk. Safety -Sensitive Position is a position in which a drug or alcohol impairment constitutes an immediate direct threat to public health or safety, such as a position that requires the employee to carry a firearms, perform life threatening procedures, work with confidential information or documents pertaining to criminal investigations, or confidential juvenile information, or work with controlled substances; a position in which a drug impairment constitutes an immediate and direct threat to the employee's health or safety; a position which has access to a juvenile facility; a position in which the employee is responsible for the well-being of a minor; or a position in which a momentary lapse in attention could result in an injury or death to another person. All Safety -Sensitive Positions and employees performing safety sensitive functions as determined by Risk Management Hazard Assessment will be included in the BCC Random Drug Testing Pool. Positions include but are not limited to: (a) CDL Drivers driving a CDL Required Vehicle for BCC Business Functions (b) Heavy Equipment Operators including, but not limited to, forklifts, skid steers, front end loaders, track hoes, rollers, backhoes, graders, bucket trucks or any other equipment not covered under CDL testing requirements. (c) Paramedics/Paramedic/Firefighters/EMTs/ Pilots/Helicopter Maintenance. (d) Chemical Laboratory personnel. (e) Positions where the incumbents are required to carry firearms or weapons. (0 Positions that work with or have access to drugs/controlled substances. (g) Facilities Services (Non -Administrative Positions). (h) Plant Operators & Maintenance Personnel at Wastewater Treatment Plants. (i) Wastewater Collection Personnel 0) Plant Operators & Maintenance Personnel at Water Plants (k) Water Distribution Personnel (1) Pool and Water Feature Maintenance Personnel (m) Employees with access to potentially Hazardous Chemicals (Meets the (IDLH) values used by the National Institute for Occupational Safety and Health (N10SH) (n) Any position that requires an emptoyce to enter an IDLH Environment (Confined Space Entry, Chlorine Process, Trenching & Shoring, Maintenance of Traffic, Lockout/Tagout, etc.) as determined by Risk Management and the Division Director. (o) Non-CDL Drivers whose regular duty requires them to drive 51 % or more of the time in support of their position. (p) All Equipment Mechanics (Fleet, Plant, Field) (q) Positions where the incumbents work closely with or oversee children (Childcare Services Personnel, Recreation Instructor, Camp Counselors, Summer programs positions, VPK, Library Services and Lifeguards/Pool Attendants, etc.) In the event that there are any changes in work protocol that could move a position into a Safety -Sensitive position, it is the responsibility of the Department Management along with the Environmental Health & Safety Specialist and Risk Management's Environmental Health & Safety Manager to determine if the tasks to be performed are Safety -Sensitive and designate the position as such. Specimen is tissue, hair, or a product of the human body capable of revealing the presence of drugs or their metabolites, as approved by the United States Food and Drug Administration or the Agency for Health Care Administration. Substance Abuse Professional (SAP) is a licensed physician (Doctor of Medicine or Osteopathy); or a licensed or certified social worker; or a licensed or certified psychologist; or a licensed or certified employee assistance professional; or a state -licensed or certified marriage and family therapist; or an alcohol and drug Page 4 of 12 AQ Packet Pg. 277 11.B.a CMA 5312 DRUG FREE WORKPLACE abuse counselor certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission (NAADAC), or by the International Certification Reciprocity Consortium/Alcohol and Other Drug Abuse (ICRC), or by the National Board of Certified Counselors, Inc. and Affiliates/Master Addictions Counselor (NBCC) who evaluates employees who have violated a DOT drug and alcohol regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare. Test Identification Form is the required form used to ensure that all documentation is accurate, the proper type of test is provided and to ensure chain of custody accuracy, a test identification form has been provided and is required to be used for all test types. Third Party Administrator is a company that manages the Collier County Random Drug Testing List, the DOT and Non -DOT drug/alcohol testing protocol, and maintains the required testing records. They perform tasks as agreed to by the county to assist in implementing the drug and alcohol testing program and to help keep the employer compliant with the DOT/FMCSA Drug and Alcohol Testing rules and regulations. Volunteer is any person who a person who voluntarily offers himself or herself for a service or undertaking willingly and without pay. § 5312-4. Policy The County and its employees must make every effort to maintain the highest standards of safety, quality, and reliability. In order to achieve these desired standards, the County prohibits possession of alcohol and/or illegal drugs in County vehicles, use or possession of alcohol and/or illegal drugs while operating or otherwise in control of County vehicles, equipment or machinery, illegal drugs from being brought on the County premises, the use of alcohol and/or illegal drugs during the workday, including breaks and meal periods, the unlawful manufacture, distribution, dispensation or use of alcohol or controlled substances in the workplace, and further prohibits Collier County employees from working while impaired 01• under the influence of legal or illegal drugs, alcohol, and other substances. A. As a condition of employment, all employees are required to abide by the terms of this policy and to notify County management of any criminal drug statute or any conviction for a violation occurring in the workplace no later than five business days after such conviction. B. To maintain a safe and healthy work environment and to ensure compliance with state and federal laws, County authorizes, at its expense, drug testing under the circumstances and conditions defined within this Instruction. C. Employees found to be under the influence of alcohol or controlled substances or refusing to be tested when an accident or injury occurs may forfeit their eligibility for medical and indemnity benefits through the County's Workers' Compensation Benefits and may be subject to disciplinary action up to and including termination of employment. D. Employees who violate any of the alcohol or controlled substance use prohibitions must be immediately removed from work and will be placed on unpaid administrative leave for a minimum of seven business days and/or until the County establishes a return to work protocol or appropriate disciplinary action recommendation. Employees must submit to and pass required follow-up tests prior to returning to work in any capacity. E. When the use of alcohol or controlled substances by an employee is confirmed through authorized test, employees in a Safety -Sensitive position or performing a safety sensitive function will be will be recommended for corrective action, up to and including termination. Under no circumstance will the employee be allowed to return to any Safety -Sensitive position and/or task until completing the entire program (counseling and testing) in accordance with the Substance Abuse Professional's (SAP) Page 5 of 12 Packet Pg. 278 11.B.a CMA 5312 DRUG FREE WORKPLACE direction. § 5312-5. Testing. The conditions and circumstances for conducting drug testing are defined below. Refusal to submit to an alcohol or drug test/analysis when requested by the County, or law enforcement personnel, in accordance with state and federal law or County policy, may constitute insubordination, be grounds for disciplinary action up to and including dismissal, or (in the case of an external applicant) is cause to retract a conditional offer of employment. Failure to provide adequate breath or urine (within a reasonable time) for testing without a valid medical explanation by a medical doctor, failure to sign the alcohol breath testing certification form and/or initial the logbook entry for the screening and/or confirmation test or refusal to take the test constitute a refusal to submit. Risk Management Division is responsible for developing and implementing procedures for communication of this policy, off -site testing, chain of custody, types of drugs to be tested for, confirmation and medical and administrative review of positive test results, confidentiality and other activities associated with administering the applicant testing program in accordance with § 440,102, Fla. Stat. The EHS Manager will receive the test results and will coordinate with the appropriate Human Resources representative for the division/department in which the employee works to provide a status report on the employee being able to return to work. The Human Resources representative will serve as the point of contact to coordinate communication with the employee and provide information on the status of the employee to the division/department supervisor/manager/director. All drug test results are considered confidential and are exempt from the provisions of § 119.07(1), Fla. Slat, and § 24(a), Art. I, of the State Constitution. A. Post Offer Drug Testing (pre -employment): The Risk Management Division will perform and/or coordinate all post offer applicant drug screening and/or testing and communicate the results of such testing to Human Resources personnel. Applicants will be notified of the County's Drug Free Workplace procedure including the types of testing to which an applicant may be required to submit and the actions the County may take regarding a job applicant on the basis of a positive confirmed drug test result. All external job applicants will be tested for controlled substance use prior to final consideration for hire. 1) External job applicants for vacant County positions will be tested for illegal drugs prior to an offer of employment being finalized. Drug testing will only be administered to those applicants who have been made a conditional job offer pending the successful completion of the medical examination and/or other background investigations (references, criminal, and driver's license). Failure to pass the drug screen will result in applicant not being hired. 2) For positions requiring the applicant or employee to hold a Commercial Driver's License (CDL), the Department of Transportation (DOT) requires the County to obtain drug and alcohol testing history from any employer for whom an external job applicant or current employee has worked for the previous three-year period. Candidates or employees will complete the DOT release form authorizing the County to obtain these records. Page G of 12 3) All job applicants or current employees who fail into the category of "Mandatory -Testing Position" § 440.102(o), Fla. Stat. will be tested for illegal drugs prior to an offer of employment, promotion, lateral transfer, reclassification, reassignment or demotion being finalized. Drug testing will only be administered to those applicants/employees who have been made a conditional job offer pending the successful completion of the medical examination and/or other background investigations (references, criminal, and driver's license). f14 Packet Pg. 279 11.B.a CMA 5312 DRUG FREE WORI{PLACE B. Past-Accident/Incident Testing: The Risk Management Division will coordinate and schedule all post -accident drug testing through its EHS Manager or designee. In the event of an accident/incident that results in the issuance of a citation from law enforcement to the BCC operatorlemployee, damage to a citizen's properly, loss of life, or incapacitation of a County vehicle, the employee's Supervisor must contact the DER (the EHS Manager) in the Risk Management Division and the assigned Human Resources (HR) Representative. If outside of normal working hours, the Supervisor will immediately contact the DER. The Supervisor of the department, EHS Coordinator, EHS Specialist and/or EHS Manager shall make the determination of whether an alcohol and drug test should be administered for a reasonable suspicion case, based on the investigation and initial observations. The employee will be required to submit to both breath alcohol testing and urine drug testing. I) Any employee who has caused or contributed to an accident/incident while at work, if there is reasonable suspicion in accordance with § 440.102, Fla. Slat., may be required to submit to a post -accident drug test as a condition of continued employment. 2) All employees with designated Safety -Sensitive Positions will be administered a Post - Accident Drug/Alcohol test in the event of any Incident/Accident that results in the issuance of a citation from law enforcement to the 13CC operator; any damage to a County asset; citizen's asset; or where a citizen was injured. Testing must occur within two hours of the event. 3) Vehicular Accident (CDL): A CDL employee who is operating a CDL required vehicle and is involved in any vehicular accident will be tested for alcohol and controlled substances following the Omnibus Transportation Employee Testing Act of 1991 and in compliance with § 440.102, Fla. Stat, within two hours following the accident. 4) Vehicular accident (non-CDL); An employee who is operating a County vehicle involved in an accident that results in the issuance of a citation from law enforcement to the BCC operator; any damage to a County asset; citizen's asset; or where a citizen was injured shall submit to an alcohol and controlled substance test within two hours following the accident. 5) Employees who are subject to post -accident testing will remain readily available for the test or may be deemed to have refused the tests. Employees are not prohibited from leaving the scene of the accident for the period of time necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care. 6) Upon notification from the DER, the employees will immediately cease the performance of their duties and will not be allowed to leave the work site in their county or personal vehicle. A County supervisor will transport the employee to the testing facility and, after the appropriate testing has been completed, to the employee's place of residence. The employee will be placed on paid administrative leave pending the alcohol and/or drug test results. 7) The Test Identification Form shall be used to ensure that all documentation is accurate, the proper type of test is provided and to ensure chain of custody accuracy. 8) If an employee who caused or contributed to an accident cannot submit to a post -accident drug/alcohol test less than two hours following the accident due to hospitalization, Risk Management shall contact the medical establishment (hospital, emergency room, etc.) and ask that an appropriate test be conducted as soon as practical after emergency treatment has been provided. C. Reasonable Suspicion Testing: The Risk Management Division administers the Reasonable Suspicion Testing Program. Testing may be required of any employee where there is reasonable suspicion that all employee possesses or uses alcohol, controlled substances or illegal drugs ar is under the influence of alcohol, controlled substances or illegal drugs while on duty. Supervisors will monitor Page 7 of t2 Q Packet Pg. 280 11.B.a CMA 5312 DRUG FREE WORKPLACE employees for alcohol, controlled substance or illegal drug use. When a supervisor, Division Safety Coordinator, EHS Specialist, or EHS Manager has reasonable suspicion, drawn from specific objective and describable facts, that an employee is under the influence of alcohol, a controlled substance or illegal drugs, the Supervisor, Division Safety Coordinator, EHS Specialist or EHS Manager will notify the Risk Management Division. Any such reasonable suspicion testing shall be conducted in accordance with § 440.102, Fla. Stat., and any further action by the County based upon the results of such testing shall be in accordance with that statute. When a Supervisor, CHS Coordinator, EHS Specialist and/or EHS Manager observes or receives a complaint regarding another employee's activity that may constitute reasonable suspicion, the following procedures apply: l) Unless initiated by the EHS Specialist or EHS Manager, the Supervisor or EHS Specialist of the suspected employee must contact the DER in the Risk Management Division and the assigned HR Representative. If outside of normal working hours, the Supervisor will immediately contact the DER. The Supervisor of the department, EHS Coordinator, EHS Specialist and/or EHS Manager shall make the determination of whether an alcohol and drug test should be administered for a reasonable suspicion case based on the investigation and initial observations. The employee will be required to submit to both breath alcohol testing and wine drug testing. 2) The Reasonable Suspicion Testing Report must be completed by the Supervisor, EHS Coordinator, EHS Specialist and/or EHS Manager who made the determination of reasonable suspicion during the observation. If possible, another Supervisor, EHS Coordinator, EHS Specialist and/or EHS Manager should be present and complete their own Reasonable Suspicion Testing Report without discussing the indicators, if any, with the employee's immediate supervisor or the initial determination that reasonable suspicion existed to warrant testing. Such report shall be forwarded to the Division Director, EHS Manager and Human Resources Director and shall be kept confidential. 3) The Supervisor of tite suspected employee will inform the employee of the suspicion of influence of alcohol, a controlled substance and/or illegal drugs. Another Supervisor, EHS Coordinator, EHS Specialist and/or EHS Manager or member of management must be present. 4) Upon notification from the DER, the Supervisor, EHS Coordinator, EHS Specialist and/or EHS Manager, suspected employees will immediately cease the performance of their duties and will not be allowed to leave the work site in their county or personal vehicle. A County supervisor will stay with the employee until the authorized collection personnel have arrived to the Nvorksite, and/or transport the employee to the BCC approved testing facility. After the appropriate testing has been completed, the supervisor will transport the employee to his/her place of residence. The employee will be placed on paid administrative leave pending the alcohol and/or drug test results. 5) The Test Identification Form (along with the Reasonable Suspicion Testing Form) shall be used to ensure that all documentation is accurate, the proper type of test is conducted and to ensure chain of custody accuracy. D. Random/SuspicionIess Testing Page 8 of 12 1) On ail annual basis, Collier County will meet the current Department of Transportation (DOT) percentage requirements for Random/Suspicioniess Drug testing of DOT and Safety - Sensitive positions in the County. The selection of individuals for the random testing shall be made by a Third -Party Administrator using a computer -based program that will randomly select employees from the County's DOT required employee list. There will be a separate list r. A(-) Packet Pg. 281 11.B.a CMA 5312 DRUG FREE WORKPLACE for Safety -Sensitive employees. Under this selection process each employee will have an equal chance of being tested each time a random selection is made. 2) The random alcohol and controlled substances tests are unannounced and the dates and times of the testing will be spread reasonably throughout the year, occurring at least once per quarter. There shall be a sufficient number of these tests to meet the minimum number of tests required under the law. 3) The EHS Manager will provide a list of current CDL operators to the County's outside testing agency for random selection in accordance with this policy. 4) The EHS Manager serves as the contact person to be notified that a specific CDL operator has been chosen for a random CDL alcohol and drug test. Each affected department will also have an internal contact person to assist Risk Management in ensuring selected employees are properly tested. The contact person is responsible for seeing that the employee is immediately relieved of any job tasks and immediately transports the employee to the test site to complete their testing. 5) Every attempt will be made to provide the list of randomly selected employees to the departments within 2-3 days of the test date. This will allow department management to adequately arrange work schedules accordingly to ensure efficient and uninterrupted operations. Under no circumstances shall any department notify the employees who are to be tested prior to their transport to the testing facility on the day of the test. 6) The Test identification form shall be used to ensure that all documentation is accurate, the proper type of test is conducted and to ensure chain of custody accuracy. E. Fitness -For -Duty Testing: Employees may be required to undergo an employee fitness -for -duty medical examination, which may include drug testing. An employee's refusal to undergo a fitness - for -duty medical examination or submit to a drug test is considered cause for disciplinary action up to and including dismissal. Any action by the County based upon results of drug tests conducted as part of an employee fitness -for -duty medical examination shall be in accordance with § 440.102, Fla. Slat. F. Follow -Up Testing: Follow-up testing will be conducted prior to an employee returning to work following a positive test result. G. Volunteer Sce•eenings, Volunteers may be required to have a physical exam prior to the commencement of his/her volunteer service. The Risk Management Division will perform and/or coordinate all volunteer drug/alcohol screening andtor testing and communicate the results of such testing to Human Resources personnel. § 5312-7. Medical Review Officer. Collier County contracts with a Medical Review Officer (MRO), who is responsible for interpreting and evaluating an employee's test result. A. If the initial test is positive, the MRO will contact the employee or applicant directly by telephone to discuss the possible use of prescription or non-prescription medications. An employee or applicant who receives a positive confirmed test result may contest or explain the result to the MRO within five working days after receiving written notification of the test result. If the employee's or applicant's explanation or challenge is unsatisfactory or where the employee fails to speak to the MRO, does not return MRO messages, or if the MRO is unsuccessful in contacting the employee or applicant at the number provided, the MRO shall report a positive test result back to the County. B. If the MRO informs the County that a positive drug test was diluted, Collier County Government will 11age 9 of IZ ("M) Packet Pg. 282 11.B.a CMA 5312 DRUG FREE WORKPLACE treat the test as a verified positive test. The County will not direct the employee to take another test based on the fact that the specimen was positive diluted. C. If the MRO informs the County that a negative drug test was diluted, Collier County Government will treat the test as an "inconclusive" test. The County will direct the employee to take another test based on the fact that the specimen was negative diluted. § 5312-8. Positive Results. Upon determination of a positive test for alcohol and/or a controlled substance, regardless of the levels: A. All employees must be immediately removed from work and will be placed on unpaid administrative leave for a minimum of seven business days and/or until the County establishes a return to work protocol or appropriate disciplinary action recommendation. Employees must submit to and pass required follow-up tests prior to returning to work in any capacity. B. Employees in Safety Sensitive Positions or Functions: a. Employees with designated Safety -Sensitive positions who have an MRO positive confirmed test result and the drug confirmed is an illicit drug under s. § 893.03, Fla. Stat., will be recommended for corrective action, up to and including termination. b. The County will require employees with designated Safety -Sensitive positions to participate in a Substance Abuse Program as a condition of employment. All employees must agree to complete the entire program (counseling and testing) and act in accordance with the Substance Abuse Professional's (SAP) direction as a condition of continued employment and/or returning to a Safety Sensitive position. Failure to abide by the conditions of tine program or SAP recommendation will result in termination of County employment. c. CDL employees must comply with all State and Federal haws applicable to maintaining a CDL. Where there is a conflict between laws, the most restrictive law shall apply. d. Employees with designated Safety -Sensitive positions who have an MRO positive colifirrnned test result and the drug confirmed is an illicit drug under s. § 893.03, Fla. Stal, will lose the ability to drive a County vehicle for up to I year in accordance with CMA 5805, "Eligibility to Drive County Owned Vehicles" and may have that length of time extended at tine Substance Abuse Professional's (SAP) direction. e. Employees may appeal any recommendation for discipline as authorized in CMA 5351. f. The employee or applicant may contest the drug test result pursuant to law. C. Employees and Volunteers in Non -Safety Sensitive Positions: a. Employees and Volunteers in Non -Safety Sensitive positions who have an MRO positive confirmed test result and the drug confirmed is an illicit drug Linder s. § 893.03, Fla. Stat., may be recommended for corrective action, up to and including termination. b. The County may require employees the option to participate in a Substance Abuse Program. All employees must agree to complete the entire program (counseling and testing) and act in accordance with the Substance Abuse Professional's (SAP) direction as a condition of continued employment. Failure to abide by the conditions of the program or SAP recommendation will result in termination of County employment. c. Employees and Volunteers in Non -Safety Sensitive positions who have an MRO positive confirmed test result and the drug confirmed is an illicit drug under s. § 893.03, Fla. Slat, will Page 10 of 12 CAO Packet Pg. 283 11.B.a CMA 5312 DRUG FREE WORKPLACE lose the ability to drive a County vehicle for up to 1 year in accordance with CMA 5805, "Eligibility to Drive County Owned Vehicles" and may have that length of time extended at the Substance Abuse Professional's (SAP) direction. d. Employees may appeal any recommendation for discipline as authorized in CMA 5351 e. The employee or applicant may contest the drug test result pursuant to law. D. All Drug and Alcohol testing results are filed in a confidential file separate from the general employee file. The files are located in Risk Management with secure access limited to the DER. E. Collier County will meet all aspects of 49 CFR Part 40, Subpart P - Confidentiality and Release of Information. F. In the event of a positive Post Offer Drug Test (pre -employment), the applicant will be given the name of a Substance Abuse Professional's (SAP) in accordance with Federal Guidelines. § 5312-9. Return to Work. Employees who do not fall into the category of Safety Sensitive Positions will be subject to follow -tip testing after a positive test result, prior to returning to their regular duties. Follow-up testing will be scheduled during the employee's regularly scheduled work hours, and results must be obtained prior to the employee being allowed to return to any Safety -Sensitive Position or prior to being allowed to perform any safety -sensitive job tasks. The EHS Manager will coordinate with the appropriate HR representative to schedule testing and any follow-up required of the employee by the Substance Abuse Professional (SAP). Employees may be required to participate in a substance abuse program upon determination of a positive test. A. Employees in need of assistance in resolving problems associated with alcohol and/or controlled substances use/abuse shall be subject to unannounced follow-up testing as directed by the County's SAP, the Human Resources Division and Risk Management Division and in accordance with Section 440.102, Florida Statutes. B. Upon confirmation of a "negative" test result on the return to work (follow-up) test, the employee may return to any non -safety -sensitive position. Employees with designated Safety -Sensitive positions must complete the entire substance abuse program and/or the SAPS recommendations prior to returning to any Safety -Sensitive positions or duties. C. The County is committed to providing reasonable accommodation (including rehabilitation) to those employees whose alcohol or drug problem classifies them as disabled tinder Federal law, and providing they are not under the influence of drugs or alcohol while on the job. Accordingly, an Employee Assistance Program (BAP) is available for those employees who voluntarily seek help for alcohol and/or drug problems. Employees may contact their Supervisor or the Human Resources Division for additional information. D. Outpatient Rehabilitation programs shall be attended on the employee's time and scheduled outside of work hours; where this is not possible, time will be charged against an employee's accrued leave time. In instances where Inpatient Services are required, an employee may request time under FMLA or other applicable leave of absence. §5312-10. Employee Notification of Prescription or Non -Prescription Medication Any BCC employee taking prescribed or over-the-counter medications will be responsible for consulting the prescribing physician and/or pharmacist to ascertain whether the medication may interfere with safe performance of his/leer job. No employee shall report for duty or remain on duty while using any controlled substances, unless such 11age 11 of lZ CNO Packet Pg. 284 11.B.a CMA 5312 DRUG FREE WORKPLACE substances are used in accordance with the prescription by and direction of a medical doctor who has advised, based on a review of the employee's job description, that the substance will not adversely affect the employee's ability to safely perform his/her job. In such cases, employees shall be required to provide written documentation of clearance to perform work activities to his/her Supervisor before reporting for duty. Any medical documentation must not be retained in division/department files, and should be immediately forwarded to the Human Resources Division. The failure of an employee to notify his/her Supervisor prior to beginning work may result in disciplinary action, up to and including termination of employment. § 5312-10. Training. The Risk Management Division will provide this CMA to all covered employees informing them that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the covered workplace and specifying the actions that will be taken against employees who violate the policy. Risk Management Division will provide annual training, including electronic training programs, to all BCC Supervisors on the dangers of drug abuse in the workplace; our policy of maintaining a drug -free workplace; any available drug counseling, rehabilitation, and employee assistance programs; the penalties that may be imposed upon employees for drug abuse violations and identifying the signs and symptoms of drug and alcohol abuse. Because this is a federal mandated requirement, failure to attend annual training will result in a recommendation for discipline in accordance with CMA 5351, "Discipline". § 5312-11. Currency. The Risk Management Division is responsible for maintaining the currency of this Instruction. § 5312-12. Reference. Collier County Personnel Ordinance, Ordinance No. 2001-50: Drug Free Workplace: It is the Board of Collier County Commissioners' policy to prohibit the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance in the work place. This policy is consistent with § 112.0455, Fla. Stat. additionally, it is the Board of Collier County Commissioners' policy to comply with the Omnibus Transportation Employee Testing Act of 1991. Page 12 of 12 7AO Packet Pg. 215 11.B.a Exhibit B Fee Schedule ❑M following this page (pages 1 through 1 Page 14 of 15 Revenue Generating Agreement (ver.12120) C x0, Packet Pg. 286 11.B.a Request for Proposal (RFP) #22-8023 "Outsourcing of County Marinas" Exhibit B FEESCHEDULE 1) Port of the Islands Park • All sales excluding fuel: 8% of gross revenue sales paid to the County monthly • Fuel: 6% of gross revenue sales paid to the County monthly 2) Goodland Boat Park • All sales excluding fuel: 8% of gross revenue sales paid to the County monthly • Fuel: 6% of gross revenue sales paid to the County monthly 3) Cocohatchee River Park • All sales excluding fuel: 8% of gross revenue sales paid to the County monthly • Fuel: 6% of gross revenue sales paid to the County monthly 4) Caxambas Boat Park • All sales excluding fuel: 8% of gross revenue sales paid to the County monthly • Fuel: 6% of gross revenue sales paid to the County monthly Additional Negotiated Items 5) The County shall receive all fees associated with all boat launching and parking. In the event the machines are down, the vendor shall immediately notify County staff and accept payment for the County at the location. Contractor will pay $9 to the County for each County Parking and Motorized Boat launch fees and $4 for non -motorized launch fees collected directly via credit card or cash transaction to the vendor. (This accounts for required tax and processing fees). 6) Watercraft services provided by BluWater will not be charged a per launch fee. Storage of watercrafts may either be stored inside of the Marina facilities with prior written approval of the Director of Parks and Recreation or off site. 7) Port of the Islands Park • 60 day or less grace period on revenue collection from start date of fully executed contract. Revenue will commence upon issuance of required licenses. 8) Goodland Boat Park • 60 day or less grace period on revenue collection from start date of fully executed contract. Revenue will commence upon issuance of required licenses. 9) Cocohatchee River Park • 60 day or less grace period on revenue collection once Certificate of Occupancy has been issued. Revenue will commence upon issuance of required licenses. 10) Caxambas Boat Park • 60 day or less grace period on revenue collection once Certificate of Occupancy has been issued. Revenue will commence upon issuance of required licenses. Page I of 1 Exhibit B Fee Schedule rAn Packet Pg. 287 11.B.a Other Exhibit/Attachment Description: ❑ following this page (pages through ) this exhibit is not applicable Page 15 of 15 Revenue Generating Agreement (ver.12/20) Packet Pg. 288 DocuSign Envelope ID: 7E6DOFAC-OB56-4302-8EEF-1802B62DFOOD 11.B.b Corr County Procurement Services Division Notice of Recommended Award Solicitation: 22-8023 Title: Outsourcing County Marinas Due Date and Time: April 4, 2023 @ 3:00 PM EST Respondents: Company Name City County State Final Ranking Responsive/Responsible BLUWATER FLORIDA, LLC Naples Collier FL 1 Yes/Yes Bilmar Property Management Naples Collier FL 2 Yes/Yes Utilized Local Vendor Preference: Yes = No 0 On February 16, 2023, the Procurement Services Division released notices of Request for Proposal No. 22-8023 for Outsourcing County Marinas. Five thousand six hundred and ninety-three (5,693) vendors were notified, forty-five (45) vendors viewed the solicitation information, and two (2) responsive and responsible proposals were received by the April 4, 2023, submission deadline. The due date was extended twice for an additional one (1) week each time, and staff conducted additional vendor outreach. The Selection Committee met on April 12, 2023, and after review of the proposals and deliberation, the Committee scored the proposals and ranked the firms as shown above. The Committee determined that oral presentations were not required. Staff is recommending award to the top -ranked vendor, BLUWATER FLORIDA, LLC. Contract Driven = Purchase Order Driven 0 Required Signatures by: Project Manager: I V`""'"'°" U 4/13/2023 I by: Procurement Strategist: I Ns."' 4/13/2023 Services Director: 5444", H Sandra Herrera 4/13/2023 Date Packet Pg. 289 11.B.c ;r CorierC014*lty Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROPOSAL (RFP) FOR OUTSOURCING OF COUNTY MARINAS SOLICITATION NO.: 22-8023 KRISTOFER LOPEZ, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8023 Kristofer.Lopez@colliercountyfl.gov (Email) This solicitation document is prepared in a Microsoft Word format (Rev 8/7/2017). Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. Packet Pg. 290 11.B.c SOLICITATION PUBLIC NOTICE REQUEST FOR PROPOSAL (RFP) 22-8023 NUMBER: PROJECT TITLE: OUTSOURCING OF COUNTY MARINAS PRE -PROPOSAL CONFERENCE: March 2 2023 1:30 PM LOCATION: North Collier Regional Park, Conference Room A. 15000 Livin stop Road Naples FL 34109 DUE DATE: March 21 2023 3:00 PM EST PLACE OF RFP OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 All proposals shall be submitted online via the Collier County Procurement Services Division Online Bidding System: httDs://www.bidsvnc.com/bidsvnc-cas/ INTRODUCTION M As requested by the Collier County Parks & Recreation Division (hereinafter, the "Division"), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Request for Proposal (hereinafter, "RFP") with the intent of obtaining proposals from interested and qualified vendors in accordance with the terms, conditions and specifications stated or attached. The vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The County is interested in receiving proposals for the four (4) County owned marinas. BACKGROUND The County is interested in receiving proposals for the operation and management of four (4) County owned marinas located at Port of the Islands Park, Goodland Boat Park, Caxambas Boat Park, and Cocohatchee River Park. The Parks and Recreation Division is committed to providing quality services to the citizens of Collier County. The County's parks and recreation facilities contribute to the health of the community's residents, enhance the integrity and quality of the natural environment, and attract visitors to the community, thereby contributing to local tourism and economic development. The average total gross revenue for all four locations over the past two years has been approximately $2.6M, this does not include the revenue from parking and launching fees. The current pay structure for the County is based off of a percentage of total gross revenue. TERM OF CONTRACT The contract term, if an award(s) is made is intended to be for one (1) year with four (4) one (1) year renewal options. Prices shall remain firm for the initial term of this contract. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure The County Manager, or designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2 Packet Pg. 291 1. Marina Operations and Responsibilities The successful vendor will have the ability to conduct daily operations of the marina, manage the commercial fishing activities for a fee and provide and operate permitted concessionaires. The vendor shall also have the ability to lease recreational and commercial boat docks (both wet and dry boat dock slips) using Board approved lease agreements and standard rental rates set forth in the Parks and Recreation Fee Policy Resolution 2021-263, as may be amended. The vendor is authorized to conduct the following types of business and/or service(s) including but are not limited to: • Retail sales and services • Live Bait Sales • Fuel Sales • Dry slip assignment and boater registration • Reservations for day slip rentals • Boater evictions — dry storage • Posting weather and tide reports • Marketing of facilities • Safety and Security of the facilities Maintaining safe dock operations is a key responsibility of the awarded vendor. The vendor will also be responsible to maintain the current Florida Department of Environmental Protection (FDEP) Clean Marina Designation at each of the marinas and assist the County in ensuring only permitted commercial operators use the marina facilities. The location and background of each marina can be found in Attachment A Marina Locations. The use of boat docks by other County Departments/Divisions is exempt from entering into the lease agreement requirement provided (1) Any cost of using such boat docks shall be internally processed by the County Department/Division using the boat dock(s) through an interdepartmental transfer of fees consistent with the established standard rental rates. (2) The County Department/Division shall be limited to one vehicle parking space while using the boat dock. (3) The use of boat docks by a County Department/Division shall be limited to a period of one year, subject to an annual request for renewal made in writing by the County Department/Division user of at least thirty (30) days before the expiration from the date of commencement. 2. Staffing The vendor shall have a manager onsite during the hours of operation per location as described in Attachment A Marina Locations. When the manager is absent, the operation shall be supervised by an assistant manager, trained in marina operations and at least 18 years of age. The awarded vendor shall provide an after-hours contact person available by telephone. The afterhours contact phone number shall be provided to wet slip renters and to the Director of Parks and Recreation or designee. Background checks are to be conducted on all employees prior to working at the marina. It is the responsibility of the vendor to ensure a background check has been done. These services must go through the Collier County Facilities Management Division. In addition, a drug and alcohol policy should be provided that is consistent with County Policies (see Attachment B CMA 5312). The vendor should provide each employee with its employee policies handbook. It is the expectation of the County; vendor staff shall conduct themselves in a professional and courteous manner at all times. The County is expecting that current marina employees will be provided an opportunity for employment with the new vendor. Proposals submitted should address the continued employment of the current employees. 3. Ship -store Operations The vendor must use point -of -sale electronic cash machines or other electronic accounting control equipment for the proper control of all payments. Cash register tapes must be maintained and made available upon request during the term of the agreement. All sales must be accompanied by a receipt to the customer. All electronic cash equipment and accounting procedures must be approved by the Collier County Finance Department. Packet Pg. 292 11.B.c The vendor may sell any concessions and boating supplies desired as long as such items are permitted under State of Florida Taw an the vendor has obtained the proper licensing/tax permits for such sales. Any equipment necessary for the sale of concessions, other than the existing equipment, must be furnished and maintained by the vendor. Any pending slip rental deposits will be coordinated with the current vendor and awarded vendor. All proceeds from the sale of boat launch permits or parking shall be remitted in full to the County. 4. Licenses and Certifications Vendor shall maintain any required licenses and/or certifications to conduct business. 5. Marketing The vendor shall actively market the boating opportunities at the marina. A marketing plan shall be included in the proposal for review. Annual updates are expected and should be reviewed and approved by the Director of Parks or designee for approval. The vendor shall utilize a website, as well as printed material, that describes the services and facilities available at the marina. Advertising expenses are solely the responsibility of the vendor. 6. Safety and Security The County will not assume any responsibility for marina security other than the security cameras at the wet -slips, in the ship -store, on the marina common areas, routine law enforcement patrols on land and on the water, and Collier County Park Ranger patrols. The vendor is to have a written safety and security plan to be included in their proposal. A minimum of a first aid kit must be present at each location and shall be at the expense of the vendor. An Automated External Defibrillator (AED) will be provided by the County. The vendor will cooperate with all jurisdictional law enforcement agencies and personnel. 7. Fees and Charges The vendor shall provide the County with a copy of the customer fee schedule for services provided annually. All prices must be displayed and visible to the customers. All prices and fees must be approved by the Director of Parks or designee for approval. If any changes or revisions are made throughout the year the vendor shall notify the Director of Parks or designee for approval. Customer fee schedule will include retail cost of ship store merchandise including but not limited to food, sundries, clothing, maps, live and frozen bait, tackle, and ice. Customer fee schedule will also include fees for day dry slip and long-term dry slip rental. The Parks and Recreation Division shall be paid a fixed monthly fee, in addition the County shall receive all fees associated with all boat launching, and parking fees. Each marina has a meter where patrons can pay for parking and launch fees. In the event of a meter breakdown patrons may pay the vendor inside the store. The vendor shall collect the funds and notify Parks staff immediately of any meter issues. All parking and boat launching fees collected will be identified and sent to the County along with the fixed monthly fee, which is due on the 151 of each month. If not paid by the end of the 20r'', a late charge of $50 per day may be added to fees due beginning on the 21It. The Florida State Sales Use Tax on rental payments is not included and shall be added to the monthly fee and forwarded to the County as part of payment. The vendor shall also pay all sales, consumer, use and other taxes. The County will pay "The Retreat at Port of the Islands" annual fee per the County's purchase agreement. 8. Utilities The vendor will pay the County a flat fee of $560 per month for utilities per Marina. Utilities will be adjusted annually based on the prior fiscal year mean average of all locations. New fee will begin January 1" of the following year. 9. Reporting Requirements A written annual report of the following must be sent to the Collier County Operations and Veteran Services or designee. • Slip occupancy (both number and dollars), historical comparison (month to month) • Fuel sales (both number and dollars), historical comparison (month to month) • Marketing promotions • Non -routine expenses • Safety and Environmental Incidents • Special Events (number of events and attendees) • Monthly gross sales for all lines of business at each location (i.e., food, beverage, rentals, merchandise etc.) • Tax dollars for the gross sales 4 Packet Pg. 293 11.B.c • Provide information required for submerged land lease annual reports per Florida Department of Environmental Protection In the event of an accident or incident to park visitors and/or property a written notification must be provided to the Director of Parks and Recreation or designee immediately followed by a written incident report. 10. Facilities The facilities will be presented as is without further modifications. A walk through with the awarded vendor may be provided upon request. 11. Supplies and Equipment The vendor shall be responsible for the proper care of all existing equipment and fixtures. The vendor will be responsible for identifying and working with the County on any repair, maintenance, and replacement of existing equipment and fixtures, ordinary wear and tear is expected. Any improvements or replacements of equipment including capital equipment, made for the benefit of the vendor shall be paid for by the vendor and approved in advance in writing by the Director of Parks and Recreation or designee. 12. General Repairs and Maintenance The County will manage all maintenance and repairs including, but not limited to: • Landscaping: mowing, herbicide, and pesticide application • Exterior painting • Power washing boardwalk • Boat Ramp • Roadways and sidewalks within the marina • Exotic flora/faunal removal • County, State, and Federal signage within the marina • Dock repair and maintenance, wet and/or dry slips. • Fuel tank monthly inspections and repairs • Air Conditioning • Freezer or equipment replacement • Flooring • Walk in freezer The vendor should keep the premises and equipment in good state of repair, free from hazardous conditions and deterioration, thus providing for the comfort and safety of visitors and patrons. To ensure the facilities are maintained in safe condition, the vendor shall perform routine inspections. The vendor is responsible for cleaning the windows and clearing all entry ways of cobwebs and dust on a bi-weekly basis. The interior of the building shall also be clean of dust and regularly maintained. The County reserves the right to conduct unscheduled inspections. In the event of a repair related to the fueling equipment, the vendor shall contact the Environmental Specialist point of contact from the Solid Waste Management team. The same shall apply for any fuel spillage. A Spill Response Poster will be provided to the vendor that shall include the current first line of contact for these situations. Any other maintenance and repair inquiries shall be made to the Parks and Recreation Director or designee. 13. Capital Improvements Capital improvements can be made to any facility with the written pre -approval of the Director of Parks and Recreation or designee. All capital improvements will become the property of Collier County at the end of the term of the agreement. 14. Trash, Rubbish, and Garbage Removal, Including Recycling The County will be responsible for providing County approved trash and recycling receptacles. A dumpster and enclosure will be provided, and the County shall be responsible for the removal of all trash from the dumpster. The vendor shall be responsible for cleaning the fish cleaning tables daily and emptying the fish entrails receptacles, located at the fish cleaning tables, into the dumpster daily. The vendor will perform daily removal of litter in the immediate exterior area within fifty (50) feet of the ship stores. Packet Pg. 294 11.B.c 15. Restrooms The public restrooms will be cleaned by the vendor, with the exception of Cocohatchee River Park. Toilet paper and other restroom supplies will be supplied by the vendor. The vendor will be expected to ensure that the restrooms are inspected for cleanliness, stocked with supplies daily, and perform any cleaning services that are needed. 16. Transition The anticipated date for the vendor to commence business operations is May of 2023. Due to Hurricane Ian the conditions of each Marina are evolving. Port of the Islands Marina is currently fully operational, the vendor is expected to commence services as soon as possible. The Goodland Marina is currently partially operational. The County is working on repairs to the east dock which is currently closed. Repairs are expected to be completed prior to an agreement being in place. The Cocohatchee Marina is operational at this time, with the exception of the ship store. The County is working on repairs and expects to have work completed prior to an agreement being in place. The Caxambas Marina will unfortunately remain closed for the foreseeable future. The County continues to work on repairs and expects to be fully operational by Fall 2024. Vendor will operate Caxambas Marina once open to the public. For individual marina locations that are under construction, payment will not be collected until a Certificate of Occupancy has been issued. If awarded vendor is able to partially provide services a pro -rated rate shall apply. REQUEST FOR PROPOSAL (RFP) PROCESS 1.1 The Proposers will submit a qualifications proposal which will be scored based on the criteria in Evaluation Criteria for Development of Shortlist, which will be the basis for short -listing firms. The Proposers will need to meet the minimum requirements outlined herein in order for their proposal to be evaluated and scored by the COUNTY. The COUNTY will then score and rank the firms and enter into negotiations with the top ranked firm to establish cost for the services needed. The COUNTY reserves the right to issue an invitation for oral presentations to obtain additional information after scoring and before the final ranking. With successful negotiations, a contract will be developed with the selected firm, based on the negotiated price and scope of services and submitted for approval by the Board of County Commissioners. 1.2 The COUNTY will use a Selection Committee in the Request for Proposal selection process. 1.3 The intent of the scoring of the proposal is for respondents to indicate their interest, relevant experience, financial capability, staffing and organizational structure. 1.4 The intent of the oral presentations, if deemed necessary, is to provide the vendors with a venue where they can conduct discussions with the Selection Committee to clarify questions and concerns before providing a final rank. 1.5 Based upon a review of these proposals, the COUNTY will rank the Proposers based on the discussion and clarifying questions on their approach and related criteria, and then negotiate in good faith an Agreement with the top ranked Proposer. 1.6 If, in the sole judgment of the COUNTY, a contract cannot be successfully negotiated with the top -ranked firm, negotiations with that firm will be formally terminated and negotiations shall begin with the firm ranked second. If a contract cannot be successfully negotiated with the firm ranked second, negotiations with that firm will be formally terminated and negotiations shall begin with the third ranked firm, and so on. The COUNTY reserves the right to negotiate any element of the proposals in the best interest of the COUNTY. RESPONSE FORMAT AND EVALUATION CRITERIA FOR DEVELOPMENT OF SHORTLIST: 1.7 For the development of a shortlist, this evaluation criterion will be utilized by the COUNTY' S Selection Committee to score each proposal. Proposers are encouraged to keep their submittals concise and to include a minimum of marketing materials. Proposals must address the following criteria: Evaluation Criteria Maximum Points 1. Cover Letter / Management Summary 0 Points 2. Certified Woman and/or Minority Business Enterprise 5 Points 3. Business Plan 35 Points Q 4. Revenue to the County 25 Points 5. Experience and Capacity of the Firm 25 Points 6. Local Vendor Preference 10 Points TOTAL POSSIBLE POINTS 100 Points Tie Breaker: In the event of a tie at final ranking, award shall be made to the proposer with the lower volume of work 6 Packet Pg. 295 11.B.c previously awarded. Volume of work shall be calculated based upon total dollars paid to the proposer in the twen - our (24) months prior to the RFP submittal deadline. Payment information will be retrieved from the County's financial system of record. The tie breaking procedure is only applied in the final ranking step of the selection process and is invoked by the Procurement Services Division Director or designee. In the event a tie still exists, selection will be determined based on random selection by the Procurement Services Director before at least three (3) witnesses. Each criterion and methodology for scoring is further described below. ***Proposals must be assembled, at minimum, in the order of the Evaluation Criteria listed or your Proposal may be deemed non -responsive*** EVALUATION CRITERIA NO. 1: COVER LETTER/MANAGEMENT SUMMARY (0 Total Points Available) Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this RFP. EVALUATION CRITERIA NO. 2: CERTIFIED WOMAN AND/OR MINORITY BUSINESS ENTERPRISE (5 Total Points Available) Submit certification with the Florida Department of Management Service, Office of Supplier Diversity as a Certified Woman and/or Minority Business Enterprise. EVALUATION CRITERIA NO. 3: BUSINESS PLAN (35 Total Points Available) (35 pages maximum for this section) In this criteria, include but not limited to: • A Marina Operating Plan that will describe how the vendor would operate and maintain the marina. The plan should include how the scope of work will be addressed. • Describe the cash handling procedures with software (point of sale system) reporting capabilities and include a list of customer charges and fees. • A transition plan from the current provider to the new vendor. Include in the plan how current employees will be accommodated. • A short term (initial year) and long term (remaining years) Marketing Plan to improve overall occupancy and revenues. • Drug and Alcohol policy. • List of merchandise to be sold at location. • List any rental opportunities or plans that would be incorporated to the facility. • Provide a safety and security plan for the facility. • Staffing policy, Employee manual and training plan. • Include with the Business Plan or as an attachment, a copy of a report as an example of work product. This should be for one of the projects listed as a reference. EVALUATION CRITERIA NO.4: REVENUE TO THE COUNTY (25 Total Points Available) Proposed fixed monthly fee per location: Location Monthly Fee Port of the Islands Parks Goodland Boat Park 7 Packet Pg. 296 11.B.c Cocohatchee River Park Caxambas Boat Park EVALUATION CRITERIA NO. 5: EXPERIENCE AND CAPACITY OF THE FIRM (25 Total Points Available) (25 page limit, does not include references) In this criteria, include but not limited to: • Detail your experience managing marinas as it relates to marina size, location, and amenities provided. • Number of years of experience. • Attach brief resumes and related certifications of all proposed project team members who will be involved in the management of the total package of services, as well as the delivery of specific services. The County requests that the vendor submits no fewer than three (3) and no more than ten (10) completed reference forms from clients during a period of the last 5 years whose projects are of a similar nature to this solicitation as a part of their proposal. Provide information on the projects completed by the Proposer that best represent projects of similar size, scope and complexity of this project using form provided in Form 5. Proposers may include two (2) additional pages for each project to illustrate aspects of the completed project that provides the information to assess the experience of the Proposer on relevant project work. EVALUATION CRITERIA NO. 6: LOCAL VENDOR PREFERENCE (10 Total Points Available) Local business is defined as the vendor having a current Business Tax Receipt issued by the Collier or Lee County Tax Collector prior to proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier or Lee County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. VENDOR CHECKLIST ***Vendor should check off each of the following items as the necessary action is completed (please see, Vendor Check List)*** Packet Pg. 297 ep!aol=l aa;eMn18) „seuuew Alunoo to Guloanos;no.. £ZO8-ZZ : OL85Z) 6ul3lueb leUl=l £ZOO-ZZ :;uauayoe;;d c� C o �.+ Z 0 0 ) G � V U) M �. r E VUP64~ a E� u � O O O � F a> a C C„) O � V) M CU3 � a> h O r M iw x U o o� W o �ca z •o w o a N N 0 a 00 m N 6 a a� m a REOPCHIDAHO BE) IPROF(08aL To: Collier County Board of County Commissioners Regarding: Solicitation Number: 22-8023 For Outsourcing of County Marinas I BUYING ORGANIZATION BIDDING FIRM ahVEq22!2 FLORIDA Co)#we-r CD"L vity Procurement Seryces Di Procurement Services Division Organization BluWater Florida LLC Kristofer Lopez, Procurement Strategist POc Cam Nguyen, CEO 3295 E. Tamiami Trail East, Bldg. C-2 Naples, Florida 34112 Address 5291 Maple Lane Naples, FL 34113 239 252-8023 Telephone 239 631-9599 Kristofer.Lopez(&-colliercountyfl.gov Email bluwaterrentals(W-gmail.com Important Dates Ine� W Event Solicitation Start Date Feb 16, 2023 Question & Answer End Date Mar 13, 2023 by 5:00:00 PM EDT Submission Deadline Mar 21, 2023 by 3:00:00 PM EDT This Proposal shall remain valid for one hundred and eighty (180) days following the submission deadline. Date of Submittal: March 21, 2023 0 4 Packet Pg. 299 Coler C01414ty Responding Bid Proposal for Solicitation # 22-802 - Outsourcing of County Marinas n 11.B.e D FLORIDA Table of Contents TransmittalLetter..........................................................................................................................1 1. Marina Operations......................................................................................................................2 BusinessPlan..................................................................................................................................2 2. Staffing........................................................................................................................................ 7 PersonnelInformation...............................................................................................................7 LeadershipTeam.......................................................................................................................7 KeyPersonnel..........................................................................................................................10 Policies& Procedures...................................................................................................................14 BackgroundChecks................................................................................................................14 Current Marina Employees......................................................................................................15 3.Ship Store Operations.............................................................................................................15 Accounting Procedures...........................................................................................................16 4. Licenses and Certifications....................................................................................................21 5. Marketing..................................................................................................................................23 Website.....................................................................................................................................23 6.Safety and Security..................................................................................................................23 Class B Deluxe First Aid Kit...........................................................................................................24 GoBag......................................................................................................................................24 Other.........................................................................................................................................24 7. Fees and Charges....................................................................................................................25 Projections..................................................................................................................................... 26 Assumptions............................................................................................................................27 Retail and Consumer Prices..........................................................................................................28 8. Utilities......................................................................................................................................28 9. Reporting..................................................................................................................................29 10. Facilities.............................................................................................................................29 11. Supplies and Equipment...................................................................................................30 12. General Repairs and Maintenance...................................................................................30 FuelingEquipment...................................................................................................................30 13. Capital Improvements.......................................................................................................31 14. Recycling, Trash, and Garbage Removal........................................................................31 ManagementPractice....................................................................................................................31 Environment & Sustainable Considerations.........................................................................31 15. Restrooms..........................................................................................................................32 16. Transition........................................................................................................................... 32 Appendix....................................................................................................................................... A Saftyand Security Plan............................................................................................................ C Forms......................................................................................................................................... O References................................................................................................................................ W VendorCheck List......................................................................................................................Z a� m 0 0- 0 a aD E Q Packet Pg. 300 Collier C01414ty n 11.B.e o Responding Bid Proposal for FLORIDA Solicitation # 22-802 - Outsourcing of County Marinas Table of Figures & Exhibits Exhibit1 - Resume - Cam Nguyen........................................................................................................8 Exhibit2 - Resume - Owen Blatt...........................................................................................................9 Exhibit 3 - Resume Frank Spina..........................................................................................................10 Exhibit 4 - Commitment Letter - Frank Spita.......................................................................................11 Exhibit 5 - Commitment Letter - Al Schettino.......................................................................................12 Exhibit 6 - Commitment Letter - Stephan Packer................................................................................13 Exhibit 7 - Cash Handling Procedures................................................................................................16 Exhibit8 - Closing Procedures............................................................................................................17 Exhibit 9 - Invoicing / End -of -Day Paperwork Procedures...................................................................18 Exhibit 10 - Closing Procedures..........................................................................................................19 Exhibit 11 - Gift Card Procedures........................................................................................................20 Exhibit 12 - Tax Exempt Sale Procedures...........................................................................................20 Exhibit 13 - Local Business Tax Certificate......................................................................................... 21 Exhibit 14 - Resale Certificate.............................................................................................................22 Exhibit15 - E-Verify Report.................................................................................................................. A Exhibit16 - Business Information......................................................................................................... B Exhibit 17 - Boat on Fire Emergency Procedures................................................................................ C Exhibit 18 - Fire Emergency Response Procedures............................................................................. D Exhibit 19 - Fire Prevention and Control.............................................................................................. E Exhibit 20 - Fire Extinguisher Usage Instructions..................................................................................F Exhibit 21 - Fire Emergency Procedures.............................................................................................. G Exhibit 22 - Emergency Response Checklist........................................................................................ H Exhibit 23 - Spill Incident Report............................................................................................................ I Exhibit 24 - Emergency Response Program......................................................................................... J Exhibit 25 - Safety and Fire Plan - Goodland....................................................................................... M Exhibit26 - Fire Report........................................................................................................................ N Exhibit27 - Signed W-9....................................................................................................................... P Exhibit 28 - Signed Addendum #1........................................................................................................ Q Exhibit 29 - Form 1: Vendor Declaration Statement............................................................................. R Exhibit 30 - Form 2: Conflict of Interest Cert. Affidavit...........................................................................T Exhibit 31 - Form 4: Local Vendor Preference Certification................................................................. V Exhibit 32 - Form 5: Reference Questionnaire 1................................................................................. W Exhibit 33 - Form 5: Reference Questionnaire 2.................................................................................. X Exhibit 34 - Form 5 Reference Questionnaire 3................................................................................... Y Exhibit 35 - Vendor Check List..............................................................................................................Z Packet Pg. 301 n 11.B.e Collier CoHnt �' Responding Bid Proposal for Solicitation # 22-802 - Outsourcing of County Marinas FLORIDA Transmittal Letter March 19, 2023 RE: Solicitation Number: 22-8023, for the Outsourcing of County Marinas Collier County Board of County Commissioners 3295 E. Tamiami Trail East, Bldg. C-2 Naples, Florida 34112 Dear Kristofer Lopez: BluWater Florida, LLC ("BluWater"), a local operator with abundant relevant background, is confident in this response to Collier County's Solicitation number 22-8023; Outsourcing of County Marinas. The below individual is a duly allowed officer with full authority to submit this proposal, subsequently negotiate with Collier County ,and will be the binding signatory for BluWater Florida, LLC: Cam Nguyen, CEO Mobil: (239) 631-9599 bluwaterrentals(c�gmail.com This letter transmits our offer in response to the requirements as stated in Solicitation 22-8023. BluWater has solid background experience in marina management, and uses proper and sufficient resources. This Proposal is specific, detailed, and complete as to demonstrate our thorough understanding of the requirements and nuances of successful undertaking. . hereby acknowledge, having examined the specifications and related documents, that I understand the Solicitation, the contents of this Proposal and it's attachments, and attests to the accuracy of the information submitted. X Cam Nguyen, CEO BluWater Florida. LLC Date 1 1 P a g P Packet Pg. 302 n 11.B.e Collier CoHnt ° ` �' Responding Bid Proposal for 226 Solicitation # 22-802 - Outsourcing of County Marinas FLORIDA 1. Marina Operations Daily Operations BluWater understands the nuances of the daily operational activities such as posting timely weather and tide reports, making Dry -Slip assignments and boater registration, taking reservations for rentals, issuing boater evictions, and retail sales including live bait and fuel sales. Fishing & Concessionaires BluWater will conduct daily marina operations including managing the fee -based commercial Re fishing activities, operating the concessionaires, and leasing recreational and commercial boat docks. Maintenance, Safety and Security of the facilities BluWater follows stringent procedures when it comes to safety and maintenance of the F—Vi facilities. Maintaining safe dock operations is a top priority for BluWater. We understand what it takes to maintain the FDEP Clean Marina Designation. Marketing of facilities BluWater's marketing efforts will include, Selling in-store and online, (Billboard and print advertising, and targeted email campaigns. Additionally BluWater offers a free Retail Point - of -Sale app, uses Gift/eGift cards and loyalty programs to drive sales. Watersport Rentals BluWater is fully licensed and well experienced in watersport rentals. The facilities are an N excellent fit for watersport rentals and offers additional revenues with no modifications to the property necessary. 3 m R N O Business Plan o L. IL c aD E 1. A Marina Operating Plan that will describe how the vendor would operate and maintain the marina. The plan should include how the scope of work will be addressed. a Hours of Operation: - Ship Store from 7 am to 5 pm - Marina from 7 am to dusk - 365 days per year 21 :1agP Packet Pg. 303 n 11.B.e Collier CoHnt �' Responding Bid Proposal for Solicitation # 22-802 - Outsourcing of County Marinas FLORIDA Port of the Islands Park BluWater operations at this location will support: - Parking lot - Boat Ramp - Bait Tanks - Boat Dry -Storage - Fee Meter - Fish Cleaning Station - Fuel Goodland Boat Park BluWater operations at this location will support: - Bait Tanks Boat Slips - floating dock - Fee Meter - Fish Cleaning Station: Fishing and Observation Platforms - Hours of Operation - Automatic gate - Parking - Picnic Pavilion - Ramp: one / two lane boat ramp - Restroom Facilities - Special Events - Fishing tournaments Cocohatchee River Park BluWater operations at this location will support - Bait Tanks - Fee Meter - Fish Cleaning Station: - Fuel - Hours of Operation - Parking Lot - Launch Ramp - Wet Slips Caxambas Boat Park BluWater operations at this location will support- - Bait Tanks - Coast Guard Auxiliary Station - Fee Meter: 31 P a g P Packet Pg. 304 n 11.B.e Collier CoHnt ° ` �' Responding Bid Proposal for 226 Solicitation # 22-802 - Outsourcing of County Marinas FLORIDA - Fish Cleaning Station - Fuel - Hours of Operation - Parking - Ramp - drinks, lottery, and snacks - Restroom facilities 2. Describe the: a. cash handling procedures with software (point of sale system) reporting capabilities b. include a list of customer charges and fees BluWater uses Square for Retail, The retail POS system for smooth selling. Square for Retail offers a suite of tools that are ideal for operating the Marinas. Business operations Our all -in -one system handles team management, payroll, and report generation. System access is fully secured with Passcodes, Built-in timestamping, and Team permission options. Additionally, our system easily processes payments and print customer receipts. Inventory Our multi -location inventory management system makes smart business decisions and allows us to add unlimited items. These inventory counting tools include: - Smart stock forecasts - Set safety stock levels - Auto -generated purchase orders - Print bar code labels Marketing Sell in-store and online Free Retail Point of Sale app Free online store syncs with your POS in real time Gift cards and eGift cards Send custom email campaigns Loyalty programs 3. A transition plan from the current provider to the new vendor: a. how current employees will be accommodated Current Employees All remaining positions are offered to existing marina employees as first right of refusal pending the on -boarding process. Inventory BluWater is in good terms with the current vendor. Our plan is to purchase the existing inventory upon 41 Packet Pg. 305 Collier C01414ty n 11.B.e o Responding Bid Proposal for FLORIDA Solicitation # 22-802 - Outsourcing of County Marinas notice of the award. Boat Slips Transferred Additionally, all Boat -Slips information and monies collected for the boat renters remaining contract terms. 4. Marketing Plan to improve overall occupancy and revenues: a. A short term (initial year) b. and long term (remaining years) Accessing and utilizing the "Square for Retail" tools and resources - Our powerful systems allow target campaigns based on sophisticated analysis. Square will auto -create customer profiles and build sales history and other custom field.. Additionally, Customer group can be created and populated with custom fields (E.g. Fishermen, boaters, etc.). Online - Google product listings - Targeted email campaigns Build customer relationships - Promote a free Retail Point of Sale app Offer Gift cards and eGift cards - Create Loyalty program 5. Drug and Alcohol policy: Drug And Alcohol Free Workplace Policy All BluWater employees are prohibited from possessing or using controlled substances in the workplace. A condition of employment to refrain from using drugs anytime, drinking alcohol on the job, or otherwise be intoxicated or under -the -influence during work hours or while on marina property Drug Tests: Employees are subjected to the following drug tests: Job applicant testing: A BluWater applicant must be tested. Refusal to submit or a positive confirmed test result may be used as a basis to reject the applicant for employment. Reasonable suspicion testing: An employee may be required to submit for testing when the employer has a reasonable suspicion, as defined in the Act, that an employee is using or has used drugs in violation of the employer's policy. BluWater management has reason to suspect an employee when it has an articulated belief that the 51 Packet Pg. 306 Collier C01414ty n 11.B.e o Responding Bid Proposal for FLORIDA Solicitation # 22-802 - Outsourcing of County Marinas employee: - Possesses or uses drugs or alcohol at the workplace - Is observed intoxicated or impaired by drugs or alcohol - Has been reported by a reliable and credible source as using drugs - Has tampered with a drug test - Has caused or contributed to an accident while at work - Is engaged in abnormal conduct or erratic behavior while at work - Shows a significant deterioration in work performance The reason to suspect shall be based on specific and particular facts and the reasonable inferences drawn from those facts in light of experience. Routine fitness for duty testing: An employee must submit to a drug test conducted as a part of a routinely scheduled fitness for duty medical examination that is either part of the employer's established policy or that is scheduled routinely for all members of an employment classification or group. Follow up testing: An employee who in the course of employment enters an Employee Assistance Program (E.A.P.) for drug -related problems, or an alcohol and drug rehabilitation program, may be tested as a follow up measure and thereafter on a quarterly, semi-annually or annual basis for two (2) years thereafter. Reporting use of prescription or non-prescription medications: An employee or job applicant will confidentially report the use of prescription or non-prescription medications. 6. List of merchandise to be sold at location: Merchandise to be sold at all marina locations- - All supplies needed for boating, fishing, and camping. - Food, drinks, snacks, ice, beer, ice cream, hot dogs, pizza, sandwiches, marine products, bait & tackle, fuel additives etc. Exact pricing available upon notice of award. 7. Plans to incorporate Watercraft Rentals: Watersport and personal watercraft: Location Non -Motorized Motorized Kayaks Goodland Paddle Boards Boats Waverunners FishingPoles Port of Island Kayaks Boats 61 :IagP Packet Pg. 307 n 11.B.e Collier CoHnt ° ` �' Responding Bid Proposal for 226 Solicitation # 22-802 - Outsourcing of County Marinas FLORIDA Paddle Boards Fishing Poles Waverunners Kayaks Boats Cocohatchee Paddle Boards FishingPoles Waverunners Kayaks Caxambas Paddle Boards None Fishing Poles 8. A safety and security plan for the facility: Please find in Section 6 "Safety and Security." 9. Staffing policy, Employee manual and training plan: See "Staffing — Policies & Procedures" Section in the following pages. 10.a copy of a report as an example of work product. This should be for one of the projects listed as a reference: See "References" in the Appendix section. 2. Staffing On -site manager or assistant manager will be on -site during all hours of operation. Additionally, BluWater will provide an after-hours contact person, available by telephone. Personnel Information Founders Cam Nguyen CEO Owen Blatt VP Leadership Team 71 :IagP Packet Pg. 308 Collier Count ° �' Responding Bid Proposal for 0 ` Solicitation # 22-802 - Outsourcing of County Marinas FLORIDA Cam N :II - JIIIIJJ JLVIC %JIJCICILVI CN CAM NGUYEN bl uwaterrenial s4g ma il.com 1 239-631-9599 1 Naples, FL34113 PROFESSIONAL Tap -notch CEO with proven hack record of success leading and growing SUMMARY organizations. Strong background in strategic planning, financial management and team development. Skilled in identifying opportunities and implementing practical business strategies with commitment to stayirr� informed about latest trends, technologies and best practices. SKILLS ■ Operational Oversight t Market Access and Expansion ■ Controls Systems Enhancement ■ Market Trend Expertise ■ Financial Management ■ Operating Budget ■ Strategic Direction ■ Attention to Quality ■ Business development t Organizational Leadership WORK HISTORY CEO I Self-employeed - Naples, FL 08/2018-CURRE;�- Negotiated terms of business acquisitions to increase business base and solidify market presence. • Managed partnerships and strategic business relationships by negotiating contract terms and handling conflicts. 0 Established and maintained strong relationships with customers, vendors and strategic partners. Identified new revenue generation opportunities to maximize boffom-line profitability, • Negotiated with suppliers and delivery workers and ordered materia'= according to forecasted customer demand. Oversaw business -wide changes to modemize procedures and organization. • Cultivated forward -thinking, inclusive and performance -driven company culture fa lead industry innovations. Cultivated company -wide culture of innovation and cal laboration. Analyzed and tracked business metrics and made appropriate adjustments to meet supply and demand needs. • Formulated and executed strategic initiatives to improve product offerings. Addressed employee and managerial concerns and implemented corrective actions to promote compliance. • Cultivated forward -thinking, inclusive, and performance• -oriented business culture to lead industry in innovation and push progress. Engaged positively with staff and leadership colleagues, soliciting and Exhibit 1 - Resume - Cam Nguyen Packet Pg. 309 C11.B.e ollier Coujit ° ` �' Responding Bid Proposal for n Solicitation # 22-802 - Outsourcing of County Marinas FLORIDA encouraging feedback and collaborative spirit. • Communicated business performance, forecasts c-.= r1-n.l_.n.'_.r +_ Investors and shareholders. EDUCATION Fels Samuel High School, Philadelphia, PA High School Diploma Owen Blatt — Dock Master OWEN BLATT `MAPLES. FL 34114 2394310760OWEN.BLA74AOL.COM PROFESSIONAL Persistent leader eager to lead and grow organizations. Skilled in SUMMARY strategic planning, problem -solving, and communication with good understanding of business principles, project management and team leadership. Collaborative with relentless work ethic. ACCOMPLISHMENTS Created Paradise Property Management Inc SKILLS * Operational Oversight * Account Management • Financial Management • Strategic Direction WORK HISTORY CEO I Self-emplayeed I Naples • Cultivated forward -thinking, inclusive and performance -driven company culture to lead industry innovations. • Managed financial, operational and human resources to optimize business performance. • Engaged positively with staff and leadership colleagues, soliciting and encouraging feedback and collaborative spirit. ■ Negotiated terms of business acquisitions to increase business base and solidify market presence. • Established and maintained strong relationships with customers, vendors and strategic partners. • Procured and coordinated new resources to achieve sales targets within optimal fimeframes. EDUCATION High Schaal Diploma Valley Stream Central High School, Walley Stream, NY Exhibit 2 - Resume - Owen Blatt Packet Pg. 310 C11.B.e ollier CoHnt ° �' Responding Bid Proposal for 0 Solicitation # 22-802 - Outsourcing of County Marinas FLORIDA IQIIN QPIIIQ - IVICIIICI CI Frank Spina Management, Dock Master EXPERIENCE Paradise Property Management Inc, Marco Island FL — Ships Store Manager, Dock OperutionsA1011ager 2013-PRESENT caxambas Park and Marina, Goodland Marina, Cocohatchee River Marina, Part Of The Islands Marina Collier County Parks and Rec, FL — Ships Store Supervisor ,, 003 - 2013 Caxambas Park and Marina, Goodland Marina, Cocohatchee River Marina, Port of The Islands Marina DUCATION Hoboken High, Hoboken N] — Diploma Exhibit 3 - Resume Frank Spina Key Personnel Brian Moore Position: Ships -Store Operator Peter Spina Position: Ships -Store Operator Stephen Packer Position: Ships -Store Operator 210 Waterside Gr unit 202 Marco Island, FL 34145 (239) 298-2976 fcasketl LEbaol.com SKILLS Excellent organizational and leadership skills, Outstanding communication, strong interpersonal abilities. 101Page Packet Pg. 311 11.B.e o Responding Bid Proposal for 0 rF�aRion Solicitation # 22-802 - Outsourcing of County Marinas FLORIDA EMPLOYMENT COMMITMENT LETTER March 10, 2023 BluWater Florida LLC 291 Maple Lane Naples, FL 34113 RE: M a n a g e m ent of Collier County Marinas; Employment Letter of Commitment for the Position of A ; Dear Cam Nguyen, CEO of BluWater: This letter is my commitment to BluWater Florida LLC, that should your firm become successful in obtaining the County of Collier's contract for Marina Operations, I will be available to begin employment immediately upon the notice of award. I am looking forward to the successful execution of this undertaking. have read and fully agree to this Lefler of Commitment and remain ready to respond upon notification. Signed: - Date: 2 11,Pbs— Printed Marne: &&V 2.l 0 Exhibit 4 - Commitment Letter - Frank Spita 111Page Packet Pg. 312 � Colliei r Count ° 11.B.e y Responding Bid Proposal for o hTkaiT Solicitation # 22-802 - Outsourcing of County Marinas FLORIDA JL FLORIDA EMPLOYMENT COMMITMENT LETTER March 18, 2023 Blulater Florida LL 5291 Maple Lane Naples, FL 34113 RE: Management of Collier County Marinas; Employment Letter of Commitment for the Position of Dear Cary Nguyen, CEO of BluWater: This letter is my cornm'stment to BluWarter Florida LL , than should your firm become successful in obtaining the County of Collier's contract for Marina Operations, I wiill be available to begin employment immediately upon the notice of award. I am looking forward to the successful execution of this undertaking. read and fully agree to this Letter of Commitment and remain ready to respond Signed: Printed Exhibit 5 - Commitment Letter - Al Schettino Date. 121Page Packet Pg. 313 � Colliei r Count ° 11.B.e y Responding Bid Proposal for o hTkaiT Solicitation # 22-802 - Outsourcing of County Marinas FLORIDA 5Lrw��' r 1, W�r &0 s_ J , oll J i FLORIDA EMPLOYMENT COMMITMENT LETTER March 18, 2023 BluWater Florida LLC 5291 Maple Lane Naples, FL 34113 RE: Management of Collier County Marinas; Employment Letter of Commitment for the Position of Dear Care Nguyen, CEO of B1uWater: This letter is mar commitment to BIul ater Florida LLC, that should your frzn becorne successful in obtaining the County of Collier's contract for Marina Operations, I will be available to begin employment immediately upon the notice of award. I am looking forward to the successful execution of this undertaking. I have read and fully agree to this Letter of Commitment and remain ready to respond upon notification. Signed: ot-LDater 4 Printed Name'�&-4v&l Cmd J-r Exhibit 6 - Commitment Letter - Stephan Packer 131 Page Packet Pg. 314 r Co C11.B.e ollieunt ° �' Responding Bid Proposal for 0 Solicitation # 22-802 - Outsourcing of County Marinas FLORIDA Policies & Procedures ✓ Conduct employee background checks ✓ Have a drug and alcohol policy ✓ Have an Employee policies handbook ✓ BluWater staff are trained and evaluated on professional and courteous conduct Preliminary Screening BluWater management will initially screen resumes for basic requirements. This screen covers the basic qualification information including: Availability - Suitable Educational Qualification Requisite number of years of work experience in relevant technologies or functional areas - Accurate project duration dates, references for last three or four projects - Requesting work samples from previous projects he/she worked on - Initial verification of skill set and summary of technical knowledge - Additional HR related information will be gathered Background Checks Identity Check To verify whether the proof of identify check submitted by a candidate was duly issued by the concern government authorities. - Candidate's full name - SSN number - Present address (and previous address when applicable) - Date of Birth - A Parent's full name The below -listed "identity proof' elements are verifiable from unique issuing authorities: - Driving License - SSN Number - Passport - E-Verify Criminal History Check BluWater checks every prospective Resource's identity, credit, and criminal history. Credentials Checks This is a new background check emerged recently in the market. III -intentioned individuals and criminals hide their backgrounds or use stolen identities to pose as legitimate people, resulting in billions of dollars in loss and damages every year. 141Page Packet Pg. 315 Collier Count ° �' Responding Bid Proposal for 0 ` Solicitation # 22-802 - Outsourcing of County Marinas FLORIDA Social Media Checks BluWater looks for any expressed aggressive or violent acts or assertions, unlawful activity, discriminatory activity (for example, making racist statements), and sexually explicit activity on any public social media platforms. Academic Record Check BluWater verifies attendance, completion, and degree from the provided accreditations. Details Covered in an education background check includes the name of education source, the period of study, and date of completion. Driver's License / Record check Any employee assigned with driving duties will have provided a clear, front and back photo of a valid state -issued drivers' identification which we then validate and/or obtain driving records. U.S. Citizenship BluWater uses E-Verify to confirm eligibility or authorization to work in the United States. Reference Check Every perspective candidate is accepted only after references are checked. In this process we evaluate various factors like performance, attitude, and aptitude from up to three (3) former employers. Current Marina Employees Current marina employees will be offered continued employment for all remaining positions 3. Ship Store Operations Point of Sale Square BluWater Point of sale and electronic accounting control equipment is a complete, powerful system call "Square for Retail." Recordkeeping Cash register tapes to be kept on file per GAAP rules. Transactions A customer receipt will be printed and included with every purchase transaction. Reporting and Communication 151 Page Packet Pg. 316 n 11.B.e Collier CoHnt ° ` �' Responding Bid Proposal for 226 Solicitation # 22-802 - Outsourcing of County Marinas FLORIDA BluWater's account management approach is to quickly establish mutually coordinated communication with all stakeholders. The benefits from a streamlined communication chain will yield numerous ongoing and significant advantages including speed and accuracy. Monthly Reporting BluWater will prepare and submit monthly reports by the end each month or as otherwise instructed. Accounting Procedures Opening Procedures 1. Touch screen to power on, 2. If power was lured off or power outage prior evening push and hold button at censer bottom of screen to power on, 1 Enter your Personat Passcode a, The Checkout screen should a utom a lically pull up and you can begin ringing customer up_ if the Checkout screen is not up dick un the ARROW at the top center cf the screen and select CHECKOUT at the top left of screen, Cash Management Procedures 1 q De osil Envela e 1. Every day create a cash envelope with location, dale clearly Owlified, and stamp with deposit stamp. �• Daily envelopes will include cash deposit only— exact amount including change 3. Daily envelope will include a cash deposit slip to be completed by shift manager 4• Deposit slip rrlust be f lied out completely including date and amount. S. Envelopes kept in a locked safe and collected by Operations Manager or location manager, Weekly invoice Envely a-6x9 Manilla erwelo • Every Monday create a Weekly invoice envelope to hold all invoices for week— inmNope to ide:ltifY iocalion and bo dated -- e.g. 71 M—7112l20 Daily ;ales Reports are to be scanned. (See closing procedures) — Paper clip DAILY paperwork together, All invoices to be scanned upon receipt and then placed with the DAII*Y report and places in weekly envelope, Envelope kept in a locked safe and ccllected by Opetatians Manager. CASH DRAINER MANAGEMENT • Count drawer at the beginning of your shift. Verity cash on hand matches starting bank tolal. Report any variances to operations manager, Verify you have proper ct>ange for start of shift. Exhibit 7 - Cash Handling Procedures 161 :)agP Packet Pg. 317 Coler C01414ty Responding Bid Proposal for Solicitation # 22-802 - Outsourcing of County Marinas n 11.B.e D FLORIDA • Open cash dra in square and place cash fill_ (You mull eater your password) Cash drawer to remain closed et all times except when ompleting lfansaclions Or giving change_ (Mote password required for no-salelchange transadions) • Check evM bill for counterfell over $20, Use munielieil pens to verify. Purge large bills into daily depos ( envelope throughout shift and store in the safe once cash orawer reaches tNOTF.- Sara must remain € maa trwouglivul the day) o MonitGr cash drawer and acceptance of large bills throughout your shaft. • bake change as necessary and request smaller bills for customers if needed, Operations manager will make necessary cbange throughout the week or when necessary. Contact operations manager for change request if needed. Closing Procedures 1. Click on ARRO at top of screen . Select REPORT at the bottom of the center of screen A. OIIck orx the BARS to the left of the -data 8_ Scroll dowry past the calendar to the `ALL DAY' button O. Tap the button to turn 'ALL DAY' on D. Tag the "DONE' Mon in the top right gamer . Click on SMALL SQUARE VVITH ARROW on lop right of screen 4. Select PRINT 5. Click on BLUE PRINT BUTTON C. Select DONE 7. Scan printed Bales Report to Reg Reports 8. Scan printed Sales Report with Fuel Reports to All Reports 9. Locale cash line on your report slip and separate the CASH total amount from your cash drawer ( If you purged large bills from cash drawer and placed in daily deposit envelope make sure to count Ihose for your deposit total_ 1U.Take total CASH from report and place to the Sidervith your deposit slip, 11. Count cash drawer down and safe and verify your starting bank matches your proper cash on hand. (Report any varianoes to operations manager) 12, Fill out daily cash deposit slip and place rash and envelope in sate and close and secure safe. 13. Place Sales and Fuel Reports in &Oy envelope. i4# pdale Daily Attendance Sheet wilh Weather and Initial ONLY (For Now) Exhibit 8 - Closing Procedures 171 :IagP Packet Pg. 318 n 11.B.e Collier Co"Jit �' Responding Bid Proposal for Solicitation # 22-802 - Outsourcing of County Marinas FLORIDA Invoice/End of Uay Paperwork Procedures Invoices All Invokes should be scanned upon reCelpl To Scan Invokes: Plate Invoice face down and align to upper left corner of glass Ensure invoice is not upside down (top of invoice should he touching left side of scanner) Close Cover Press, Home button Shortcuts �iawer left) INVOICE OK OK When asked for next page only press YES if the invoice is multiple pages We want to scan each invoice separately, do not Combine rnuftiple invoices into one scan Place the invoice in the daily hag as usual End of Day paperwork - 2 se orate scans ist Scan - "REG REPORTY" Reglstef Reports only - NO Fuel reports Place reports fare down and align to upper left corner of glass Preis: Home button Shortcuts (lower loft) REG Rt PORTS OK OK When asked for next page press NO Pnd Scan -`ALL REPORTS" Register Reports AND Fuel 4port5 Keep the register regortson the glass and Add the fuel reports face dawn on the scanner Press: Home button Shortcuts (lower left) ALL REPORTS OK ()K when asked for nerd page press NO Place the paperwork in the daily bag as usual Exhibit 9 - Invoicing / End -of -Day Paperwork Procedures 181 Page Packet Pg. 319 Collier y- Responding Bid Proposal for Solicitation # 22-802 - Outsourcing of County Marinas 0 11.B.e o r FLORIDA lClosing Procedures - Square Register Location Action Top Center V Mid Bottom Reports tlppper Left Calendar Select date Scroll Down All Day C Lipper Right Dore Upper Right U Center Print Center Print print Center Done Upper Left Logout Cash line on slip isvourdews It Deposit Envelope same as normal 1 Receipt envelope per week- Mon to Sun (-A, Exhibit 10 - Closing Procedures Q 191 Page Packet Pg. 320 Collier C01414ty n 11.B.e o Responding Bid Proposal for FLORIDA Solicitation # 22-802 - Outsourcing of County Marinas GIFT CARD PROCEDURE The Gift Cards sold through our previous system wlll not work on our new registers. In order for the customer to use the gld gift 00, you will need to call the phone number onthe back of the card (800) 242-S353. It will prompt you to enter the Gift Card Number. Once you eater the number, it will give you the balance of the gift card. Write the balance down. 7363 O110e J 070 "M".i ..t yntr4 SLI�n. TM cad u*"4t EI ialre�� He erVS;r.e� N ��4 VXM lRM nor* rK+ri � fh'j a npa[rE M b4 r yl� jl IaN. ►'M� l�SYrN IFri yy� h 1M hwyfyf�y; � TERLIliG,.[il�k.r. w �. 1. Ring up a new gift card in the new register by hitting the Gift Card icon" Enter the amovntofthe old gift card that you just re ceived over the phone- Then apply a IDD% discount— OLD GIFT CARD DISCOUNT. 2. Sake the old gift card from the customer and give them the new gift card. Place the old gift card in the daily envelope. 3. Ring up the sale as you normally would. Wit Charge. Insert of sv+ipe gift card. Their New Gift Card will now be charged with the amount of the irpurchase, Their receipt will show the remaining balance of the new gift card. Exhibit 11 - Gift Card Procedures The only time we use this feature is when a customer can present a tax exempt certificate to you. N This will typically be a government or educational entity, do not touch the sales tax on any sale unless L you are provided with this certificate. It very rarely occurs. Please call management if you have any questions or cannot determine if the exemption is legitimate. m 1. Ring up the item as usual, y 2. Select the item on the right side of the screen. a 3. Scroll down until you see 7% Sales Tax. ri 4. Toggle the button to the Off position. 5. This will remove the tax from that item. 6. If they are purchasing several items, you will need to remove the tax from every item. It will not apply the tax exempt to the entire sale. r r Q Exhibit 12 - Tax Exempt Sale Procedures 20 1 Page Packet Pg. 321 n 11.B.e Collier Co11nt �' Responding Bid Proposal for Solicitation # 22-802 - Outsourcing of County Marinas FLORIDA 4. Licenses and Certifications COLLIER COUNTY BUSINESS TAX BUSINESS TAX NUMBER: 220113 COLLIER COUNTY TAX COLLECTOR - 2800 N. HORSESHOE DRIVE - NAPLES FLORIDA 34104 - (239) 252-24T7 VISIT OUR WEBSTTE AT: www.colllertaxwllectnr.eam THIS RECEIPT EXPIRES SEPTEMBER 30, 2023 DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION. LQCATION: 5291 MAPLE LN t FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS. ZONED: HOME OCCUPATION BUSINESS PHONE: 239-298-1976 STATE OR COUNTY UC #: 1-5 EMPLOYEES V .70 -- 'NV ,��/ BLUWATER FLORIDA LLC NGUYEN, CAM CLASSIFICATION: EQUIPMENT RENTAL SERVICE A? CLASSIFICATION CODE: 03704201 -Ij This document is a business tax only. This is not certification that licensee It does not permit the licensee to violate any existing regulatory zoning laA nor does it exempt the licensee from any other taxes or permits that may be required by law. Exhibit 13 - Local Business Tax Certificate 5291 MAPLE LN NAPLES, FL 34113 -THIS TAX IS NON -REFUNDABLE - DATE 12/16/2022 AMOUNT 26A0 RECEIPT 501-23-00380368 r a 211 Page Packet Pg. 322 n 11.B.e Collier Cotirnt ° ` �' Responding Bid Proposal for 226 Solicitation # 22-802 - Outsourcing of County Marinas FLORIDA DR•13 2023 Florida Annual Resale Certificate for Sales Tax R. 10)22 This Certificate Expires on December 31, 2023 FLORIDA Business Name an0_ocst nl A� Certificate Number 21-E D 18571689.4 BLUINATER FLORIDA LLC 5291 MAPLE LN NAPLES, FL 34113-8549 fay extending this certificate er the certificate number to a selling dealer to make efigibi& purchases of taxable property or services exempt from sales tax and discretionary sales surtax, the person or business named above certifies that the taxable property or services purchased or tented will be resold or re -rented far one or more of the following purposes: * Resale as tangible personal property + Re -rental as tangible personal property + Resale of services Re -rental as commercial real property • Incorporation into tangible personal property being repaired Re -rental as transient rental property * incorporation as a material, ingredient, cr component part of tangible personal property that is being produced for Sale by manufacturing, compounding. or processing Your Oodda Annual Resale Certificate for Sans Tax (Annual Resale Certificate) allows you or your representatives to buy or rent property or services tax exempt when the property or service is resold cr re -rented. You may not use your Annual Resale Certificate to make tax-exempt purchases or rentals of property or services that will be used by your business a for personal purposes. Florida law provides for criminal and civil penalties for fraudulent use of an Annual Resale Certificate. As a seller, you must document each tax-exempt sale for resale using one of three melhods. You rain use a different method each time you make a tax-exempt sale for resale. 1. Obtain a copy (paper or electronic) of your customer's current Annual Resale Certificate. 2_ For each sale, obtain: a transaction authorization number using your customer's Annual Resale Certificate number, 3. Each calendar yea , obtain annual vendor authorization numbers for your regular customers using their Annual Resale Certificate numbers. Online: Visit floridarevenue.com/taxes/certificates Phone: 877-357-3725 and enter your customer's Annual Resale Certificate nurnber Mobile App: Available for iPhone, 1Pad, and Android devices Exhibit 14 - Resale Certificate 221 :1agP Packet Pg. 323 Co��ier Cou��t1' Responding Bid Proposal for Solicitation # 22-802 - Outsourcing of County Marinas 0 11.B.e o r FLORIDA 5. Marketing Marketing Plan (and annual updates if applicable) for advertising & promoting the marina Website https://ShipsStoresF1.com BluWater will build this website and utilize effective search engine optimization. Advertising Budget: Monthly Annual $ 1.000 1 $ 12,000 Website Design Website hosting Website SEO Print 6. Safety and Security See Safety & Security Plan in the Appendix section. Marina security plan - On -site First aid Kit - A written safety and security plan 231Page Packet Pg. 324 n 11.B.e cofti v com-11,ti, o Responding Bid Proposal for FLORIDA Solicitation # 22-802 - Outsourcing of County Marinas Class B Deluxe First Aid Kit Main station kit will be a wall -mount Class B Deluxe first aid kit. Bum This kit is ideal for industrial applications and can serve 50-100 people when maintained regularly. 330 Piece First Aid Kit, Premium Waterproof Compact Trauma Medical Kit Omn-7nn I inlr This kit includes bandages, CPR face shield, 100% latex free gloves, iodine prep pads, instant cold pack, and tourniquet. Other BluWater will utilize County provided security cameras at the wet slips, in the Ship -store, on the marina common areas, and keep all Automated External Defibrillator (AED) equipment accessible and well maintained. In addition, BluWater will keep the premises secure and well lit, and work with local law enforcement regarding routine patrols. 241 Page Packet Pg. 325 11.B.e Cof f iE' 0 v Coll"UY Responding Bid Proposal for o Solicitation # 22-802 - Outsourcing of County Marinas FLORIDA 7. Fees and Charges BluWater pays all applicable sales, consumer, and use taxes Proposed monthly fee per location: Location Monthly Fee Port of the Islands Parks The greater of $2,000 or 6% of Gross Revenue The greater of $2,000 or 6% of Gross Revenue Goodland Boat Park The greater of $3,000 or 6% of Gross Revenue Cocohatchee River Park The greater of $3,000 or 6% of Gross Revenue Caxambas Boat Park 251 Page Packet Pg. 326 Collier C01414ty n 11.B.e o Responding Bid Proposal for FLORIDA Solicitation # 22-802 - Outsourcing of County Marinas Projections Year #1 Projections (3 Stores Only) Sales Categories Revenue Collier County Food & Beverage $ 151,200 6% $ 9,072 Apparel & Gifts $ 201,600 6% $ 12,096 Bait & Tackle $ 403,200 6% $ 24,192 Gas & Fuel $ 720,000 6% $ 43,200 Slips Dockage LIL4,800 6% L11,088 Total Revenue $1,660,800 99 648 Expenses GOGS Fuel $ 570,000 Collier County Payment $ 99,648 7% Taxes $ 116,256 COGS Retail $ 302,400 Payroll $ 104,680 Insurance $ 6,600 Utilities $ 20,160 Wi-Fi & Cable $ 9,000 Cleaning $ 9,600 Advertising $ 9,000 Total Expenses $1,247,344 Gross Prof7it$413,456 County 6% 1 $ 99,648 Year #1 Projections (all 4 Stores) Sales Categories Revenue Collier Count Dock Slips $ 184,000 6% $ 11,040 Food & Beverage $ 216,000 6% $ 12,960 Apparel & Gifts $ 288,000 6% $ 17,280 Bait & Tackle $ 576,000 6% $ 34,560 Gas & Fuel $1,080,000 6% $ 64,800 Total Revenue $ 2,344,000 $ 140,640 Expenses Gas & Fuel 15k gal x $4.75 $1,080,000 County Parking & Launch $ 438,000 261 :1agP U J J M 0 LL L cu m W cu c r 0 U 4- 0 c L O 0 M N O O N N 0 ti 00 N L cu 3 m R W 0 0- 0 L. a r- aD E cu r a Packet Pg. 327 n 11.B.e Collier CoHnt �' Responding Bid Proposal for Solicitation # 22-802 - Outsourcing of County Marinas FLORIDA County Fee (6% gross Revenue) $ 140,640 7% Taxes $ 164,080 Retail COGS $ 432,000 Payroll $ 138,240 Insurance $ 8,800 Utilities $ 26,880 Wi-Fi & Cable $ 12,000 Cleaning $ 12,800 Advertising 12 000 Total Ex enses $1,790,440 BluWater Gross Profit $ 553,560 County 6% I $ 140,640 Assumptions Sales by Location Year Total Sales County Revenue Goodland $252,960 $1,264,800 Port of Island $252,960 Cocohatchee $379,440 Caxambas $379,440 $ 75,888 Year #1 without Caxambas Total Gross Sales County Revenue Year #1 without Caxambas $ 1,533,360 6% $92,001.60 Gas & Fuel by Volume Year Total Gallons / month 15,000 180,000 gallons Revenue / month @ $6 $90,000 $1,080,000 Gas & Fuel by Location Year Total Sales County Revenue Goodland $ 0 $1,080,000 Port of Island $ 216,000 Cocohatchee $ 432,000 Caxambas $ 432,000 $ 64,800 Parking & Launch fees I Year County Revenue Location I Daily Year 271 Page Packet Pg. 328 Co11.B.e llier CoHnt ° �' Responding Bid Proposal for 0 ` Solicitation # 22-802 - Outsourcing of County Marinas FLORIDA Goodland $300 $109,500 Port of Island $300 $109,500 Cocohatchee $300 $109,500 Caxambas $300 $109,500 County 100% $438,000 Insurance Workers Compensation General Liability 3. FI 31 FI BluWater QT WC BluWater QT GL NEXT $500k-$500k - $ NEXT $1mil-$2mil.pdf Total: $ 8,800 Retail and Consumer Prices Merchandise to be sold at all marina locations: - Boating, fishing, and camping supplies. - Food, drinks, snacks, ice, beer, ice cream, hot dogs, pizza, sandwiches, marine products, bait & tackle, fuel additives etc. Item prices for Ship -Store merchandise will be clearly displayed Upon notice of award, BluWater will provide a customer fee schedule. Our customer fee schedule will include all fees dry slip rental options 8. Utilities Utilities @ $560/mo Year Expense Total 281Page Packet Pg. 329 Co11.B.e llier Count ° �' Responding Bid Proposal for 0 Solicitation # 22-802 - Outsourcing of County Marinas FLORIDA Goodland $ 6,720 Port of the Island $ 6,720 Cocohatchee $ 6,720 Caxambas $ 6,720 Total all locations $ 26,880 9. Reporting BluWater's annual Reporting will include: ✓ Slip occupancy (both number and dollars), historical comparison (month to month) Fuel sales (both number and dollars), historical comparison (month to month) Marketing promotions Non -routine expenses ✓ Safety and Environmental Incidents ✓ Special Events (number of events and attendees) ✓ Monthly gross sales for each location Tax dollars for gross sales Information for submerged land lease Incident Reports Written notification provided to the County immediately A written incident report to follow notification 10. Facilities Goodland Boat Park BluWater will accept the facilities as is, without further modifications. Port of the Islands Park BluWater will accept the facilities as is, without further modifications. 291Page Packet Pg. 330 Collier C01414ty n 11.B.e o Responding Bid Proposal for FLORIDA Solicitation # 22-802 - Outsourcing of County Marinas Cocohatchee River Park BluWater will accept the facilities as is, without further modifications. Caxambas Boat Park BluWater will accept the facilities as is, without further modifications. 11. Supplies and Equipment BluWater will provide proper maintenance and regular upkeep for existing equipment and fixtures. Additionally, our crew will identify any repairs or replacements needed throughout the facility. These conditions will be promptly reported to the County. BluWater will supply all cleaning and janitorial supplies. BluWater will replenish all restroom facilities daily. 12. General Repairs and Maintenance BluWater stewardship of the premises and equipment include: Keeping in good state of repair Conducting routine inspections Keeping windows clean Removing cobwebs Dusting frequently Keeping the outside and exterior tidy Fueling Equipment As part of BluWater's safety efforts, Spill Response Posters (see Safety and Security section above) are displayed in all vulnerable areas. BluWater's point contact for Spillage will be provided upon notice of award. 301 :1agP Packet Pg. 331 Collier C01414ty n 11.B.e o Responding Bid Proposal for FLORIDA Solicitation # 22-802 - Outsourcing of County Marinas The County will manage all maintenance and repairs to the following: - Landscaping: mowing, herbicide, and pesticide application - Exterior painting - Power washing boardwalk - Boat Ramp - Roadways and sidewalks within the marina - Exotic flora/faunal removal - County, State, and Federal signage within the marina - Dock repair and maintenance, wet and/or dry slips. - Fuel tank monthly inspections and repairs - Air Conditioning - Freezer or equipment replacement - Flooring Walk in freezer 13. Capital Improvements No capital improvements are expected. 14. Recycling, Trash, and Garbage Removal BluWater's daily housekeeping will include: Cleaning the fish cleaning tables Emptying the fish entrails receptacles into the dumpster The County provides trash and recycling receptacles and enclosed dumpster The County handles trash removal from dumpsters Management Practice Environment & Sustainable Considerations BluWater always makes good faith effort and considerations to include environmental considerations supporting waste reduction, recycling and buy -recycled products supporting markets for recycled and other environmentally preferable products whenever practical. We use recyclable products to the maximum extent economically feasible in the preparation of the 31 1 :IagP L m 0 0- 0 L a E a Packet Pg. 332 n 11.B.e Collier CoHnt ° ` �' Responding Bid Proposal for 226 Solicitation # 22-802 - Outsourcing of County Marinas FLORIDA proposal and in the performance of the work set forth in the Solicitation. BluWater is committed to saving the environment and contributing toward making Earth a better place to live in. Listed below embodies a variety of BluWater's Green practices and initiatives: Electricity conservation: Turn off lights and air conditioners whenever not in use and when leaving the office or conference room. It is of primary attention to save energy while BluWater is not using it. Unplug before logging out, BluWater Employees must unplug electronic devices and shut down systems to save energy. Utilize Day Lighting: Use natural light at the office whenever possible. Recycling: The monofilament line recycling container next to the boat ramp will be used for proper disposal of all monofilament line. Recycle waste papers and reuse materials at every opportunity. Saving travel: Encourage employees to have virtual meetings, and web conferences rather than traveling to meetings. Save Trees/ Paper: BluWater encourages using emails instead of using paper; using e-method to note things; minimize the number of printed materials & direct mail. A minimalistic printing culture and embed the following into our email signatures to remind us and others of saving trees. "Please consider the environment before printing this email". When the paper is necessary, photocopy on both sides and use old paper for scrap paper." Digital and Cloud storage: To cut down paper usage and reduce clutter, digital/ cloud storage solutions are followed across BluWater. Limit Water use: BluWater Employees are mindful of utilizing water in the best manner possible 15. Restrooms Public restrooms (with the exception of Cocohatchee River Park) Supply all toilet paper and other restroom supplies daily Provide daily cleaning services Inspect for Cleanliness and supplies 16. Transition Current Employees 321 :1agP Packet Pg. 333 n 11.B.e Collier CoHnt ° ` �' Responding Bid Proposal for 226 Solicitation # 22-802 - Outsourcing of County Marinas FLORIDA All remaining positions are offer to existing marina employees as first right of refusal pending the on - boarding process. Inventory BluWater is in good terms with the current vendor. Our plan is to purchase the existing inventory upon notice of the award. Boat Slips Transferred Additionally, all Boat -Slips information and monies collected for the boat renters remaining contract terms. Continuity of Operations The wellbeing of our customers and tourism is a top priority and therefore, BluWater does not expect any closure for transitions. Other Apply for all necessary Licenses to carry out performance of Marinas Notify Insurance carrier of the award, pay premium Notify all current suppliers of the transition of Marinas Notify all boat slip renters of the transition Assumptions: Port of the Islands Marina will commence business operations in May 2023. The Cocohatchee Marina will commence operations pending repairs to the ship store. The Goodland Marina will commence operations pending repairs to the east dock. The Caxambas Marina will commence operations upon becoming operational, estimated to be Fall 2024. 331 :IagP Packet Pg. 334 Collier Count ° �' Responding Bid Proposal for FLORIDA Solicitation # 22-802 - Outsourcing of County Marinas Appendix An of iciol mbeile or the United Stetes goremment Here c how — know E-Verify Tutorial Knowledge Test Results Congratulations! Cam Nguyen (CNGu9501J, your score Is 100% Cam Nguyen, you successfully completed this tutorial and passed the E-Verify Knowledge Test on March 7, 2023. Use your browser's Peal capability to obtain a copy of this page for your records. To use E-Verify, select'Exit Knowledge -rest.' REMINDER: You must visit'View Essential Resources' to read the E-Verify User Manual, and you must print and clearly display the 'Notice of E-Verify Participation' and'Right to Work' posters in all languages supplied by DHS. Noal Exit Knowledge Test Knowledge Test Page 30 of 30 U.S. Department of Homeland Security U.S. CitizenshiRand Immigration Services Accessibility Pig ins Sitemap -finned with CamScanner Exhibit 15 - E-Verify Report 532 Menu Sector Real Estate and Rental and Leasing Subsector Rental and Leasing Services Edit Company Information Employer Category Employer Category None of these categories apply Edit Employer Category Company Addresses Physical Address 5291 Maple Ln Nap es, EL 34113 Mailing Address Same as Physical Address Edit Company Addresses c rle with-CmScannt r Q A I P a g e Packet Pg. 335 Collier Co jity Responding Bid Proposal for Solicitation # 22-802 - Outsourcing of County Marinas n 11.B.e O � FLORIDA t. LtY1:Pl1I V� ,J�iYJ/Jjf$• � �IO_'_pU4'1.1'1U!G pm�mmn MSa� 2r:m.O Fa m2�.ro 1 a...•e P.emi. I Seams.E-W. l Detail by Entity Name Fladda L1mlled Liability Company RLLIWATEA FLORIDA LLC riln0j0te1ma0e0 Deeumeal Nam— L210DO315622 FEOEIN Number e7.167e994 Date FI1ed 07N1912021 EMectrre Date 071112021 siet , FL stem. ACTIVE Lent Event LC NANE CHANGE Event Date Hied 01IM2021 Event Elracilve Elate NONE FAoejnL"d3i1 5291 MAPLE LN NAPLES. FL 34113 Ml Mgadduss 5291 MAPLE LN NAPLES. FL 34113 g@ylslervtl ApepLN,a a6AEWeu NGUYEN. CAM 5291 MAPLE LN NAPLES, FL34113 AmemL•ed Penenl J jb Wll Name a Add—. Tile PRESIDENT NGUYEN, CAM 5291 MAPLELN NAPLES. FL 34113 AOpYalH4paffi Nepali Year Flle Ogle 2022 m72022 20M 012SIU2023 _innea CamScanner Exhibit 16 - Business Information oocam.Rllmagtn o:rovm - Ywlnra+In POF Eeer � REPO�� - Yewl,,.peb POF �1� 09� - CM1an9! Vee k,apebPoF� ev�miL=Fmm�,1S+-=Eeuvurn Nm1,�,WnFPFermk� Hiring Sites Number of S€tas 3 Edit Hi rinS Silas Company Access and MOU My Company is Configured to: Verify Its own Employees Memorandum of Understanding View Current MOU UJnartment of Homelan Secu y, U.S, Citizenship and Immigration Services AccessihilEty_ EWg-inn Site MaI2 sj Scanned with CamScanner r a BI'agP Packet Pg. 336 � Colliei 11.B.e r Count ° y Responding Bid Proposal for o hTkaiT Solicitation # 22-802 - Outsourcing of County Marinas FLORIDA Safty and Security Plan Boat on Fire Call Ft. Myers U. S. Coast Guard a(: 1-239463-5754, or on VHF Ch. 16 or Call 911 Complete Form If boat is not at dock: Give location of boat as reported to you: Ut/Lon. or Loran Coordinates - or Local Landmarks Give exact number of people on board, if known: Is boat taking on water? Yes _ No _ Don't know at this time Give any other infomiation that you know about the situation: Give your name: Your location: Goodland Boat Park, Palm Point Drive, Naples, FL 34140 Stay on line for further questions 1) If in radio contact, instruct all aboard to don life jackets and to leave the boat. 2) Rescue or arrange for rescue of anyone on board or in the water If boat is at dock: Go back to previous section on "Dock Fire" Date today: Reporting person's name: Reporting person's address: Phone: Time of report to you: What did this person say when first reporting the fire? Report taken by: Report relayed to: Exhibit 17 - Boat on Fire Emergency Procedures Date & Time: at time: C I P a g e Packet Pg. 337 � Colliei r Count ° 11.B.e y Responding Bid Proposal for o ` Solicitation # 22-802 - Outsourcing of County Marinas FLORIDA Fire at or on Dock call 911 Com lete Form Give operator address: Goodland Boat Park, Palm Point Drive, Naples, FL 34140 Give operator exact location of fire on the dock: Stay on line for further questions Alert all people to evacuate the dock immediately Assign someone to direct emergency vehicles in from the main road Consider notifying boaters to stand off on Channel ]b VHF or CB 9 Consider stepped -up security in remainder of complex during the emergency Other staff actions while responders are on way: Information you may use - or pass on to the responding emergency service peopLe If on dock: (name the (lock ijmore than one exists in the marina) Electrical cutoff switch is located: On the east side of the building through the double glass doors, and then behind the middle door. Fire extinguishers are located: 1 inside Ship Store; 1 in Conference Room; 3 on the West Dock; and 8 on the East Dock. Hazardous materials on this dock include: IRepeat this infortnation for each separate dock. if appropriate] Report taken by: Date: Time: Information relayed to: by: Time: Exhibit 18 - Fire Emergency Response Procedures D I P a g e Packet Pg. 338 � Colliei 11.B.e r Count ° y Responding Bid Proposal for o ` Solicitation # 22-802 - Outsourcing of County Marinas FLORIDA FIRE PREVENTION & CONTROL Fire is a multifaceted problem at a marina. First, the obvious is immediate damage to the boat and its contents. Secondly, should the fire spread the danger of explosions due to the fuel tank, flares, and other combustibles are possible. Thirdly, other boats, dock, pier, and properties could become involved. Finally, the threat to human life and/or injury becomes significant. Rapid identification of a potential problem, immediate notification to authorities and the correct immediate initial actions will mitigate and could prevent significant damage, loss of life, and personal injuries. Employees are NOT being asked to fight fires, unless it is something small and has little chance of growing or exploding. If you choose to attempt to extinguish a small fire, you should do so only after you have called the fire department and taken all other steps to ensure that all boaters and personnel are away from the incident. Never enter a confined space during a fire. In case of fire or explosion, all surrounding movable property as boats, cars, trailers should be removed from the area. "NEVER CUT OR RELEASE A BURNING BOAT FROM THE DOCK" as it could float into other boats or property, plus it is easier to fight a fire at the dock than on the water. A burning or dangerous boat may be towed to an isolated area for the fighting of the fire. In case of an accident all property should be undisturbed until all professional department investigations are complete. With any fire, explosion, sinking or accident there is usually a chance of some environmental pollution. Debris, oil, and fuel will drift free of the boat which should be removed from the water when possible. The boat should be removed from the water when possible. Oil booms and absorbent rags are stored in the dock office. The following check lists should be posted near phones, VHF radios, and emergency equipment. This should also be kept for your personal reference. Exhibit 19 - Fire Prevention and Control E Packet Pg. 339 n 11.B.e Collier CoHnt ° ` �' Responding Bid Proposal for 226 Solicitation # 22-802 - Outsourcing of County Marinas FLORIDA HOW TO USE A FIRE EXTINGUISHER The name plate includes operating instruction. Study your unit. Portable extinguishers operate by squeezing the handle lever. Each time the lever opens the valve, the stored pressure will force out some of the extinguishing agent. If the lever is released the entire contents will be discharged in as short a time as 10 seconds. Should fire occur, grasp the extinguisher firmly and pull out locking pin. Hold the extinguisher up -right, unclip the hose of swivel the horn so nozzle is pointed toward base of the flames. Remain low, out of the smoke and heat, and approach the fire going no closer than 10 feet. Squeeze and release the lever while sweeping the agent across the base of the fire (not at flames or smoke) in a side -to -side motion. Remember the term PASS, Pull the pin, Aim the nozzle, Squeeze the trigger, and Sweep the hose. After the initial assault, move progressively closer to the fire to enable the discharge stream or cloud to reach the furthest burning section. Keep your back toward any strong air current or wind. If the discharge stream scatters the burning material you are too close. Move back until the scattering action ceases. Depending upon the type of extinguisher and fire, aiming the discharge against a wall behind it so that it will fall on the fire instead of scattering it, would be a good strategy. Do not enter a confined space! Survey the area surrounding the fire as you approach the flame. Be careful to stay as far as possible from the fire's fuel source. After the fire is out, continue to check the area for several minutes for "Flashback" or small recurrences of flame. Check the rubble. Where there is smoke there can be fire again. Station a re -flash watch to be sure. Clean up the area immediately after you are sure the fire is out and the area has cooled down. Fire loss has minimized by the proper operation of the extinguisher, but dry chemical agents may corrode property salvaged from the fire if not cleaned up soon after extinguishment. Shut off power if you suspect the fire was of electrical origin. CAUTION: Do not discharge any extinguisher at a person's face. Keep away from children. Avoid inhaling dry chemical powers. Although not poisonous, temporarily irritation and vomiting could be caused. If this occurs, call a physician immediately. Dry chemical compounds are shown on the nameplates. Carbon Dioxide (CO2) "snow" can inflict cold burns if it touches bare skin. Exhibit 20 - Fire Extinguisher Usage Instructions IF :IagP Packet Pg. 340 n 11.B.e Collier CoHnt ° ` �' Responding Bid Proposal for 226 Solicitation # 22-802 - Outsourcing of County Marinas FLORIDA FIRE EMERGENCY PROCEDURES The following order of procedures is based on a boat fire being discovered by one person as the procedures can be accomplished simultaneously by many people. If you witness or are notified of an emergency, the following procedures are: 1. Shut OFF the emergency fuel pump switches and pier electrical breakers. 2. Remove any persons away from the fire and out of the water. (Yell into the boat, and account for all persons.) 3. DIAL "911" for the local fire department and give the following information: a. "This is (your name) at GOODLAND BOAT PARK (fuel dock, dock office, etc.) on (name the body of water you are located on) at phone number 239-389-4247. " b. "We have a (approximate length and color) boat on fire at the (give location i.e. fuel pumps, boat hoist, boat ramp, etc.)" c. Inform them whether there are any injuries or possible severity of the injuries. d. Describe the class of fire (wood, electrical, propane gas, or gasoline). e. Describe any hazardous conditions near the fire. f. Describe what, if any, fire -fighting efforts are in process. 4. Call the U.S. Coast Guard at 239-463-5754 or on the VHF Radio on channel 16 and repeat the same information that you just gave to Fire -Rescue. 5. Call your supervisor to inform of the incident. Name: Brandon Gardner Phone: 239-300-8912 Name: Cindy Blatt Phone:239-770-6595 6. Remove all boats and movable items away from the fire area, only if safely possible. 7. Secure the burning boat to the dock, if possible. This will permit the fire to be fought from the land and sea. If available, use grapnel hook and chain to secure to dock. WARNING: Burning boats often explode when flames reach fuel tanks; so stand clear. 8. If you feel qualified, use the fire extinguisher or the CO2 extinguisher on the fire. (See "How To Use Your Fire Extinguisher") Exhibit 21 - Fire Emergency Procedures GI'agP Packet Pg. 341 Coley County Responding Bid Proposal for Solicitation # 22-802 - Outsourcing of County Marinas 0 11.B.e o r FLORIDA MARINA NAME EMERGENCY SPILL REPONSE CHECKLIST Date 1. On duty manager proceed to scene and take charge 2. Contact 911 for Fire Department and EMS (if needed) 3. Secure Spill if possible 4. Ensure all personnel are safe and clear of accident 5. Secure electrical power if required 6. Break out Emergency Spill Response Plan and use 7. Begin filling out information checklist S. Assess situation and initiate immediate actions 9. Determine need to start reporting procedures 10. Start containment activities as required 11. Contain spill and mitigate further environmental impact 12. Establish fire watch if needed until Fire dept arrives 13. Call Spill Cleanup Contractor as required 14. Start log keeping of events 15. Secure access to areas as required 16. Notify upper management 17. Take pictures when situation is stable Exhibit 22 - Emergency Response Checklist Q H I P a g e Packet Pg. 342 Co11.B.e llier CoHnt ° �' Responding Bid Proposal for 0 Solicitation # 22-802 - Outsourcing of County Marinas FLORIDA INFORMATION CHECKLIST On site Marina Manager Date of Spill Location Source and Type (Gas/Diesel, etc) Time Volume Nature and Potential Hazard Has Spill Been Contained/Action Already Taken? Has Spill Material Reached a Body of Water? Responsible Parties Weather Conditions at Site NAME Phone: Fax: Marina Manager *Record the name of the agency staffers receiving the above information and time of call. Exhibit 23 - Spill Incident Report Packet Pg. 343 C11.B.e ollier Coujit ° ` �' Responding Bid Proposal for n Solicitation # 22-802 - Outsourcing of County Marinas FLORIDA EMERGENCY RESPONSE PROGRAM IN THE EVENT OF A SPILL, REACTION AND RESPONSE TIME ARE CRITICAL TO THE SAFETY OF OUR EMPLOYEES AND CUSTOMERS. THE FOLLOWING RESPONSE SHOULD BE UTILIZED: go" FIRE DEPARTMENT CALL 3 REQUEST ASSISTANCE EMERGENCY SHUT -OFFS STOP THE FLOW OF FUEL CIRCUIT BREAKERS SWITCH OFF ALL FUEL PRCDUCTS N ArZMATT - F � �E FIRE DEPARTMENT PHONE HUI4BER SECURE SITE, INSURE CJSTOMERS 8 UTILIZE BOOMS TO PROTECT SEWERS AND DRAINS. VEHICLES REMAIN A SAFE DISTANCE STAY OUT OF THE SPILL FROM THE SPILLARFA SPILL CONTAINER KIT OBTAIN THE SPILL CONTAINER KIT e.sot ABSORBENTPADS APPLY ABSORBENT PADS OVER AREA TAKE USED ABSORBENT PADS AND OF SPILL BOOMS AN D PLACE IN DISPOSAL BAG. PUT ON GLOVES AND BOOTS 1. ALL USED ABSORBENT MATERIAL SHOULD BE PLACED IN THE SPILL CONTAINER (INCLUDES GLOVES AND BOOTS), 1, SECURE TOPAND PLACE CONTAINER OUTSIDE FOR PICK UP. 3. CALL MARKETING REPRESENTATIVE FOR DISPOSAL OF BAGICONTAINER. G10-L Sop04 H AILA -00us tdArST6 /v%NPJAbGAkGjr- Fi,4 ,tSJ I STAAICG 4. MARKETING REPRESENTATIVE SHOULD COORDINATE WITH THE ENVIRONMENTAL DEPARTMENT FOR OISPOSALIPICK UP. A51-asoy Exhibit 24 - Emergency Response Program J I Page Packet Pg. 344 � 0 r 11.B.e Co er Count D �' Responding Bid Proposal for Solicitation # 22-802 - Outsourcing of County Marinas FLORIDA ` INSTRUCTIONS Block off area ill keopnEHE w Place pads vr.d Pa.remrnwa directly on spill. A ♦ @ i Anchor mini -booms rhw ksmena: with brick orstene if amra. Prwrewc ' necessary y.rtmmr !7 Make this distance �A:--as large as possible When Jolning 2 or mare miibooms, s overlap slif ghtly w-.S11J se. tt!- Anchorwith stones Placeonangleto -� /'= or heavy object flowofwater . O• Place pads o Spill area `1F(f' • Use as a Place on oil 9nai Place on water wipe-dewn under drips INSTRUCTIONS ` PlAce boo In to to erenf Place boom arrosx wafer to pres•enf spill Spill from slrrcading• fruit, flowing. `Il m o `�"16' :•d'/tiJfl'^r Place pads -_frcw' directly on spill -'✓ Link booms logclher,sing built m connectors Link booms together using buill-in connectors SWEEP ' N Tm rope on l o uhj¢n on Plate pads } shore or dPzk. 7l fpnher I. SAFCIY Fln51-Persona, salnyis your frrl on spat. 4 length is reyui era¢topes 7p�pORT SPILLS -know yvureomparry pul�cy each end of sW cep- 9. SPILL MI r5 luue ywr ap Jl kh •I ,Ire Inb rite FI a,OILPRODUCTS up P[tiemKe aef•enrk 5. UoNfEnSAL PRODUCTS -uce the ri,prr ca�romcm ena arlrn ¢letl�nu -Pick. ,n ca. and wain c. An501sa£Uf5 used from ynw kit ftEPtZIL aeT Uuilrope runs lhrovy� lue.11 lertelh al auecp. �-� LQOSE ABSORBENTS cisposal bag ter Spread over oil oY-site disposal rj Lay Clean-up aheatl of ti sock or mat e,, !( USE OF COMMON SPILL MATERIALS 0 PIG" Absorbent Socks Circle larger spills with PIG® Absorbent Sock to contain the liquid and minimize the spill area. Where joints occur, overlap ends by several inches for a stronger barrier effect. K Packet Pg. 345 Collier C01414ty Responding Bid Proposal for Solicitation # 22-802 - Outsourcing of County Marinas n 11.B.e o FLORIDA USE OF COMMON SPILL MATERIALS Imo; PIGS' Pillows Place PIG® Pillows directly on E larger spills to absorb liquids and, aid in quick cleanup. USE OF COMMON SPILL MATERIALS r i PIG` Mat Pacts For smaller spills, place PIG", Mcit f Pads directly on top of liquids. The spill will be absorbed quickly, easily , and safely. ra DISPURSEMENTS WARNING. THE USE OF SOAPS OR OTHER DISPERSING AGENTS TO DISSIPATE OIL IS MORE HARMFUL TO THE MARINE ENVIRONMENT THAN IF THE OIL HAD BEEN LEFT ALONE. USE OF THESE AGENTS IS AGAINST THE LAW. YOU MAY BE PENALIZED UP TO $25,000 DOLLARS FOR EACH INCIDENTH (33 C. F. R. 153.305) a� 3 m 0 0- 0 L a E a LI :Iagl= Packet Pg. 346 � Colliei r Count ° 11.B.e y Responding Bid Proposal for o hTkaiT Solicitation # 22-802 - Outsourcing of County Marinas FLORIDA BLOCK D GORS ADDITION AND ISLES LOT to (PLAT BOOK 6, PAGfS 1 AND 2) GOODLAND ISLES NON•SOvEREIGN UPLAND " EXCAVATED CANAL FD. 5/8' IRON ROD SECOND ADDITION NOTE: LIMITS OF NON -SOVEREIGN CANAL W/ CAP (ILLEGIBLE) (PLAT BOOK 6, PAGE t9) BASED ON 85 WIDTH SHOWN ON PLAT OF _ _ — GOODLAND ISLES SECOND ADDITION POINT OFCOLGMEFICEMENT SOUTHEAST CORNER LOT 33 I GOODLAND OKIBLES SECOND E O D2ADDITION 1J .14 N:5778718.11 r �N1572'24'W 82.00" 1 ��-FD. 5/8" IRON ROD NOTE: SUP NO. 27 RESERVED FOR ' W/ CAP LB 7304 LAW ENFORCEMENT VESSEL I 1 N: 577791.98 1 E:443459.55 GOODLAND \� BOATING PARK / (OWNED BY THE COLLIER COUNTY I 11 30' ACCESS EASEMENT BOARD OF COUNTY COMMISSIONERS) / U Nt (OFFICIAL RECORDS BOOK 2972, PACE 2967) SLIP DETAILS SLIP NUMBERS LENGTH WIDTH 1-11 25" 15' t2-23 26' S1' 24-28 25' 15' l WEST LINE OF OFFICIAL RECORDS BOOK 2972, SEE DETAILS - ` PACE 2967 SHEETS 3.4 AND 5 I CH N72R0'12'W 39.29'(M) FD. 5/8' IRON ROD M. 5/8' IRON ROD / W/ CAP (ILLEGIBLE) / (NO CAP) n N:577494.30 S}' 2 J TO CENTER OF E: 443540.56 673 BLUE HILL CREEK 12B qp. POINT OF / \ N BEGINNING w N. 571298.43 „ E:443727.96 / r1 / n H RiGa,IEll F[• $ �ju� JUL 1 7.2014 J� D.E.R S0Utb M* NOTE: LINEAR FOOTAGE OF SHORELINE g, n ADJOINING SOVEREIGN SUBMERGED LANDS IS 6B6 FEET, MORE OR LESS, 7a-� A=16-RzIO0G- �z1 CB=N51'22'14'E CB=N51-& LOCATED AT GOODLAND ISLES Z� L=2.70' �^ L=28.70' D 25 sD 100 ON BLUE HILL CREEK ' SECnON 19, TOWNSHIP 52 SOUTH, RANGE 27 EAST (INTENDED DISPLAY SCALE: 1'-100') a 2350 5TANFORD COURT SPECIFIC PURPOSE SURVEY trol NAPLES, FLORIDA 34112 SUBMERGED LAND LEASE PHONE (239) 434-0333 FA% (239) 434-9320 ENGINEERING E.B. r642 DATE RpLCT XQ No, SCALE SHEET 04/21/14 0149700-00 19-52-27 1"=100' 2 OF 6 Attachment A pacc : e ,-�f 1.7 = FcfC �X%i� -I�y\c -Qg" AND Sovereignty SuumtTgur, Lands Lca; ,L IR,. ' IC'.23155 f � lkoSC Exhibit 25 - Safety and Fire Plan - Goodland Q M I P a g e Packet Pg. 347 � Colliei 11.B.e r Count ° y Responding Bid Proposal for o hTkaiT Solicitation # 22-802 - Outsourcing of County Marinas FLORIDA Structural Fire Call 911 Complete Form Give operator address: Goodland Boat Park, Palm Point Drive, Naples, FL 34140 Give operator exact location within the complex: Stay on line for further questions Alert all occupants to evacuate the building immediately Assign someone to direct emergency vehicles in from the main road Consider stepped -up security in remainder of the complex during the emergency Other Staff actions while responders are on way: KEEP ALL PERSONS AWAY FROM THE BUILDING Information You May Use - or Pass on to the Responding Emergency Service People If in building (by namelnumber) Goodland Boat Park, Palm Point Drive, Naples, FL 34140 Electrical cutoff switch is located on the east side of the building through the double glass doors, and then behind the middle door. Fire extinguishers are located: 1 inside Ship Store; 1 in Conference Room; 3 on the West Dock; and 8 on the East Dock. Hazardous materials in this building include: Cleaning products in the storage room inside the Ship Store and in the exterior closet between the public restrooms. Report taken by: Date: Time: Information relayed to: by: Time: Exhibit 26 - Fire Report N I P a g e Packet Pg. 348 Collier C01414ty n 11.B.e o Responding Bid Proposal for FLORIDA Solicitation # 22-802 - Outsourcing of County Marinas Forms W-9 Form Signed Addendum #1 Form 1: Vendor Declaration Statement Form 2: Conflict of Interest Certification Form 3: Immigration Affidavit Certification Form 4: Certification for Claiming Status as a Local Business Form 5: Reference Questionnaire Vendor Checklist O1Page Packet Pg. 349 n 11.B.e Collier Comet �' Responding Bid Proposal for Solicitation # 22-802 - Outsourcing of County Marinas fLBIt1DA Form M Request for Taxpayer Give Form to the ■* Identification Number and Certification requester. Do not (Rev.Octeber2ot6) send to the IRS. Department of the Treasury Irltemal Revenue Service 1► Go to www.frs.gov1F6rmW9 for instructions and the latest Information. 7-Name (as shown on your income tax retimt). Name Is required on this line: do not leave this Ilne blank. BLUWATER FLORIDA LLC 2 Business namddisregarded entity narne, If different from above m 3 Check appropriate box for fedeml tax classification of the person whose name Is entered on fine 1. Check onty one of theFExemptkins (codes apply Doty to see n3 ron lolbwing seven bozos. onscerWn ividuals: pageot ❑ InclMdu.11.1. proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trustlestatesingle-member LLC payee code (it any) Limitedhablliry company. Enter the taxdassificatlon (CGC corporation, 8=S corporation, P=Partnership) ► C Noto: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not shack pon from FATCA reportkng n LLC It the LLC is classified as a single-membar LLC that Is disregarded from the owner unless the owner of the LLC is code (d arty) that another LLC that is not disregarded from the owner for U.S. federal tax purposes. Olherwiso, a single -member LLC Is disregarded from the owner should check the oppropdate tux for the tax classification of its owner. ❑ Other (see instructions)►e•usr y S Address (number, street, and apt. or suite no.) See instruotbns. Requester's name and address toptanaq U) 5291 Maple Ln 6 City, state, and 73P code Naples, FL 34113 7 List account numbers) here {option)) ' • Taxpayer Identfication Number IN Enter your-nN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For Individuals, this is generally your social security number (SSN). However, fora Social security number resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later, For other e..Wie n r• ,....1. r W—flil—firm m°mher IPIh n If vnu rin not haves a numher. see Now to act a TIN, later. - r or Note: It the account is in more than one name, see the Instructions for line 1. Also see What Name and Emprayer tdentlfloauon number f Number To Give the Requesterfor guidelines on whose number to enter. I F__1 F-F T-TI Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting far a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding. or (b)1 have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that t am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this farm (if any) indicating that I am exempt from FATCA reporting is correct. Certification Instructions. You must cross out hem 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply, For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an Individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. Sign Signature of 01 " Here U.S. person► Date► 03104t2023 General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/F`ornW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (nM which may be your social security number (SSN), individual taxpayer identification number (MN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report an an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-0N (dividends, including those from stocks or mutual funds) • Form 1099-MISO (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutuat fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.5- person (Including a resident alien), to provide your correct TIN. if you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat No. 10231x cs SCai ;UU VVIO I C.�t t L., .liner Exhibit 27 - Signed W-9 Form W-9 (Rev. 10.2013) P1 :1agP Packet Pg. 350 0 11.B.e Collier County ° ` �' Responding Bid Proposal for Solicitation # 22-802 - Outsourcing of County Marinas FLORIDA Email: Kristofcr.lopez@collicrcountyfl.gov CO le-r CO%lnty Telephone: (239) 252-8375 Procurement SeMces Derision Addendum #I Date: March 3, 2023 From: Kristofer Lopez, Procurement Strategist To: Interested Bidders Subject: Addendum #1 Solicitation #22-8023 — Outsourcing of County Marinas The following clarifications are issued as an addendum: Change 1: Revised solicitation has been uploaded (22-8023 Solicitation Revised). Information below has been added to Paragraph 16 of the solicitation. For individual marina locations that are under construction, payment will not be collected until a Certificate of Occupancy has been issued. If awarded vendor is able to partially provide services a pro -rated rate shall aonly. If you require additional information, please post a question on our Bid Sync (www.bidsync.com) bidding platform under the solicitation for this project. PIease sign below and return a copy of this Addendum with your submittal for the above referenced soli citati -1-- 3/5/2023 (Signature) Date BLUWATER FLORIDA LLC (Name of Firm) a Scanned with CamScanner Exhibit 28 - Signed Addendum #1 Q I P a g e Packet Pg. 351 n 11.B.e Collier Count ° ` �' Responding Bid Proposal for 226 Solicitation # 22-802 - Outsourcing of County Marinas FLORIDA Collier Cotmty Procurement Services Division Fwm l: Veadnr Dtclaradon Slaternent HOARD OF COUNTY COMMISSTDNERS Collier County Cr0tirrnMcatComplex Naplcs. Florida 34112 Date Commi ssionem The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every rmspecl fair and made in good fad, without collusion or fraud. The Vendor, hereby declares the instructions. ;purchase order terms and conditions, requitementt nd specificationsfscope of work orthis solicitation have beca Fully examined and accepted - The Vendor agrees, if this solicitation submittal is accepted by Coilier County, to accept a Purehate Order as a Form of a formal contract or to exoculc a Collier County formal contract for purposes of establishing aoontractual relationship betwccn the Vendor wid Collier County, for the performance of all requirements to which this solicitation pe"n5. The Vendor slates that the submitted is basod upon the documcn€s listed by the above refercmcod solicitation. The Vendor agrees to comply with the requirements in accordance with the terms, coFadidons and specificalions denoted herein and according lb the pricing submillcd as a part of the Vendor's Lids. Further, the Vendor agrees that if awarded a cunlncl for these goods and/or services, the Vendor will not brr eligible iD compete, submit a proposal, be awarded, or perform as a sub- vendor for any future associated work that is a restilt of this awarded contract IN WTfNESS WHEREOF, WE. have hcrcuato subscribed our names on this day of 20�9 in the County cf CK A , in the Mate of �. Firm's L%W N11nc: Address: City, State, ZapCode: Florida C tsifioV of Authority Document Number Federal Tax lde0fteation Number *CCR # or CAGE Code *Only if Grant Funded Telephone: E-mail: Signature by: (Typed and written) Title: DLLJWATFR FLORIDA LLC 5291 Maple Ln Naples, FL 34113 L21000315522 87-1678994 239-295-1976 bluwaterrentais@gmail.com------_.- , . �srwra Cam Nguyen PIES Exhibit 29 - Form 1: Vendor Declaration Statement RI :IagP Packet Pg. 352 i o 11.B.e Collier Comity it ° ` y Responding Bid Proposal for Solicitation # 22-802 - Outsourcing of County Marinas FLORIDA Collier County Additional Contact Information Send payments In: (required if different from Company name used as payee above) Contact name: Title: Address; City, State, ZIP Telephone: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: r-..1--1...-..,-nned with CamScanner Solicitation 22-8023 P. 40 r Q S I P a g e Packet Pg. 353 --d— i o 11.B.e Collier Count ° e aiT � Responding Bid Proposal for Solicitation # 22-802 - Outsourcing of County Marinas FLORIDA Collier County Solicitation 22-8023 G Co -rer County Procurement Services Division For -in 2: Conflict of Interest Certification Affidavit The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules —Tire firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity —The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information —The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above -mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), mecling(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employers, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. BLUWATER FLORIDA LLC Compm Signature Cam Nguyen - Pr Q t rl tJ — P Print Name and Title State of t ' oyi � a - County of C Oil l-2✓ The foregoing. instrument was acknowledged before me by means o1Z physical presence or ❑ online notarization, dais 1'' day of CLt (month), !2 O 2 3 (year), by D-L 0� —L1 e l I _(name of person acknowledging). p6W 1u_� (Signature of Notary Public) (Print, Type, or Stamp Commissioned Name of Notary public) Personally Known OR Produced Identification �DE661 TROLL 7- b �'+ Notary public • State of Florida Type of Identification Produced. •?r��?' Commission # HH 362383 - My Comm. Expires Feb h, 2627 -,3,zf 23 1, J I P'xilinned with CamScanne Exhibit 30 - Form 2: Conflict of Interest Cert. Affidavit p. 41 U J J ITS �L O LL L W r R 3 m N R C L to r C 7 O rJ 0 a) C L O N 7 O M N 0 ao N N Q T I P a g e Packet Pg. 354 0 11.B-e D r Responding Bid Proposal for FLORIDA Solicitation # 22-802 - Outsourcing of County Marinas Cdlier County Solicitation 22-8023 Co jer C01.nty Procurement Services Division Form 3: Immigration Affidavit Certification This Affidavit is required and should be signed, by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program (hitps://www.c-vefify.goyl), at the time of the submission of the Vendor's proposalfbid. Acceptable evidence of your enrollment consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which W11 be produced at the time of the submission of the Vendor's proposallbid or wiihin five (5) day of the County's Notice of Recommend Assnrd. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAL/BID MAY DEEM THE VENDOR'S AS NON -RESPONSIVE. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(c) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA, Such Violation by the recipient of the Employment Provisions contained in Section 274A (c) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s), that it is aware of and in compliance with the requirements set forth in Florida Statutes §448.095, and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal/bid. BLUWATER FLORIDA LLC Cam Nguyen Pres Signature N���������eSS Print Name and Title State of U 1 M � k County of 60 � Y I'e✓ The fore oing instrument was acknowledged before me by means of physical presence or 1] online notarization, this I day of Q-11 (month), 2023 (year), by l7Q of . 4,011 (name of person acknowledging). 6" akTylk- (Signature of Notary Public) Personally Known OR Produced Identification FL 0L. tj2°S')-III-31.�C7 - D Type of Identification Produced (Print, Type, or StaiLnpj of Notary Public) .jJ�'�il, DEB617HOLL !a�'1 Notary Publlc • Stale of Florida t Commtssion r HH 362363 My Comm. Expires Feb 14, 2027 P`1,2,.-.,.,qnned with CamScanner p. 42 U J J R O LL L N r 3 m N R C �L to r C 7 O L) O C L 3 O to O N 0 0 N N 0 0 W) L N to m ca fn O O_ O L. IL C N E t U R r r Q U I P a g e Packet Pg. 355 n 11.B.e Collier Cotirvtt �' Responding Bid Proposal for Solicitation # 22-802 - Outsourcing of County Marinas FLORIDA Collier County 8011:111111W it Collier County Procurement Services Division Form 4: Vendor Submittal - Local Vendor Preference Certification (Check Appropriate Boxes Below) State of Florida (Select County if Vendor Is described as a Local Business) gCdller County ❑ Lee County Vendor affirms that it is a local business as defined by the Procurement Ordinance of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section Fifteen of the Collier County Procurement Ordinance: Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that rectives mail. or a non -permanent structure such as a construction trailer, storage shed, or other non -permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year under this section. Vendor must complete the following information: Year Business Established in E6CoIlicr County of ❑ Lee County, 2 Number of Employees (IncludingOfwner(s) of Corporate Officers): 4 Number of Employees Living in 5 Collier County or ❑ I- (Including Owner(s) or Corporate Officers). 4 If requested by the County, Vendor will be required to provide documentation substantiating the information given in this certification. Failure to do so will result in vendor's submission being deemed not applicable - Sign and Date Certification: Under nalties OfPedu-M 1 ceori& that the in omw1ion shown on this orm is correct to my knowled e. Company Name: BLUWATER FLORIDA LLC Date: 316l2023 Address in Collier or Lee Courtly. _ 5291 Maple Ln Naples, FL 34113 Signature: Title: Pres � ,.$,wnned with CamScanner Exhibit 31 - Form 4: Local Vendor Preference Certification P 42 VI :IagP Packet Pg. 356 Collier C01414ty n 11.B.e o Responding Bid Proposal for FLORIDA Solicitation # 22-802 - Outsourcing of County Marinas References Solicltation: U)ININ County Co tier County Procurement Services Division Form 5 Referertce Questionnaire Il F, ONE FORM FOR F.ACf1 RF. UIRF,D RF,FF.RF.NC'E Reference Qucstionnaim for: BLUWATER FLORIDA (Name of Company Requesting Rcfcscnce Information) Care Nguyen (Name of Individuals Requesting Reference Information} Nam: Willla(r) Sini5"� ore' (1✓%'Aua1or completing reference questionnaire) Email: M: So'rul,tian 224W23 Company OIllifliS�bi^�nSAth1 Lr*1C . (Evaluator's Company completing reference) —`40-2I q Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection Of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firmi'mdividual again) and 1 representing that you were very unsatisfied (and would never hire the firtiVMvdival again). if you do not have sufficient knowledge of past performance in a particular area, leave it hunk and the i+tem or form will be scored"0." Project Description: FI Wet 14'dl a�I e A PCCompledw Date: Project Budget f Project Number of Bays: 130 Item Criteria Sear (masi be rem leted 1 Abdi ty to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on -time of early). 3 Quality of work. 4 Quality of consullative advice provided on the project. D 5 Professionalism and ability to manage personnel. G Project administration (completed documents, final invoice, final product tumover; invoices, manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. $ Abiltily to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). Ao TOTAL SCORE OF ALL ITEMS 100 Exhibit 32 - Form 5: Reference Questionnaire 1 W I P a g P Packet Pg. 357 ColLaer C01414ty Responding Bid Proposal for Solicitation # 22-802 - Outsourcing of County Marinas n 11.B.e D FLORIDA CoRKr County Co Ter County Procurement Services Division Form 5 Reference QueWonnairt USE ONF. FORM FOR F-Arit RF f17J?F0 REFF.RF. VCE ii,cfcrence Questionnaire for: (Name of Company Requesting Reference Information) (Name of individuals Requesting Reference Information) Name, cI' e1" ��D (Evaluat comp ettng reference icstionnaire) Erna iI: FAX S01lota4on 22-8023 Company: 6._ Ip ld I;J I 1,etlllce- C. (Evaluator's Company completing reference) * 1 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection Of firms to perform this project, The Name of the Company listed in the Subject above has listed you as a client for which they have Previously performed work. Please complete the surrey. please rate cash criteria to the best of your knowledge on a scale of I to 10, with la representing that you were very satisifed (and would hire the fir mlindividual again) and I representing that you were very unsatisfied (and would never hire the 6rmlindivdival again), If you do not have sufficient knowledge ofpast performance in a particular area, leave it blank and the item or form will be scored "0," Projcc:t Description: Completion I}ate: ( 0 Q Project Budget: f_ Project Number of Days: Item Criteria Score toast be cam leted) 1 Ability to manage the project costs (minimize change ardexs to scope). 2 Ability to maintain project schedule (complele on -time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personntL 6 Project administration (compleled documents, final invoice. final product tumover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Ahi Itity to manage rusks and unexpected project circumstances. 9 Ability to follow contract documents, politics, procedures, rules, regulations, etc_ ILI l0 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SORE OF ALL ITEMS Exhibit 33 - Form 5: Reference Questionnaire 2 X1 :)agt= Packet Pg. 358 n 11.B.e Collier Cotirvtt ° ` �' Responding Bid Proposal for 226 Solicitation # 22-802 - Outsourcing of County Marinas FLORIDA Collier County Procurernerll Services Division Form$ Perfrtnce Que3ltom-Wre i SP ON FORM FOR fj CN MINRF.f1 RF'FFRF.NCF. Rcf mree Qmtionften for: BLUWATER FLORIDA LLC (Name of Company Requesting Rcfcrenoe InformatiDn) Caen Nguyen (Name orindNiduals Requesting Reference kformation) X&Mc: V LF L— (Ewluaiar oompleing reference questionnaire) Email: 14j) +tr,1 AIL f—y- 1-4 V-t� W aC , L Lc-- (F.valuaiar's Campmy comptj ing rrference) a l -- 309 Coll ier County has implcment€d a proms that ool I= reference infmmation an frrrns and their kry personnel to be used in the eruct of firms io pa'form this project_ The Name of the Company listed in the Subject ahowe bas listed You as a client for which they have previously pct{ormed work. Please wmplete the surwy, Phase rate each aitcria to the box orywr bowledge on a sonic Of I to 10, uith 10 representing that you were 3xry salisifed (and would hire the fuvViindividm! again) and 1 rgwr=&g that You %V9 vest' unsatisfied (and would never hire thefinrAndivdival again). If you do riot have saffcdfW knowledge Of pafctrawce in a particular are& keawe it blank and the item or form wil I be scared 4'0.' Project Ascription: v t PYoject psrdgct. ` D Campleuoo pate. ci — •a Project Numbcr of Days; Ilem Crileris Scar f MLrL be corn lritd ! FAVtv manage the ptolCcY tests [rnitril]li3e change ttrdexstostopt), 2 A Wily to maintain projert schedule (gvrltpItm an -time or early, Qwdiryof work. C) 4 Quality of cotlsutrati vt advice Favided an the projwL S pmfassional; cmand abilily EDmaalttpa3mnel. 1 F'roj i adrninistra[ on (complcLed decuman M final laygicC, rqi a! producttumo r; invoices, m anuals cc going forward docurnM aticn. ere_) t) 7 Ability to vtrbally communicate cad document info=doncicarly and tuccinaly. 8 Abildly to manage risk s and unexpacied project circurrtsta ms_ ! 9 Ability ro follow centratt documents, polities. prmcluses, rules, reFlation s, etc. ] 0 Ovcratl comfarl level with hiring the company 'tn the future (=scoff" sat isfactimn } TOTAL SCORE OF ALL ETESIS � Exhibit 34 - Form 5 Reference Questionnaire 3 YIDagP Packet Pg. 359 Collier Count ° �' Responding Bid Proposal for 0 ` Solicitation # 22-802 - Outsourcing of County Marinas FLORIDA Vendor Check List Procurement Services Qivisfon Vendor Check List IMPORTANT: Please review carefully and submit with your ProposallBid. All applicable documents shall be submitted electronically thrmrgh Wd5ync. Vendor should checkcdT each of the following items. Failure to provide the applicable doc en Its may deem you non -responsivelnon-respon sibl e. General Bid Instructions has been acknowledged and accepted, .Collier County Purchase Order Tcrms and Condit ions have been acknowledged and accepted. ,Form 1: Vendor Declaration Statement Forni 2: Cmllicl of Imemst Certification Proof of status from Division of Corporations - Florida Department of Slate (if work performed in the Slat,-) - ht rlhlo�. m 1101­rl,i_cnn:lsunhi/l should be auached with YOU submittal. Vendor MUST be enrolled in the E-Verify - hllpti;:/A% al the time of submission of the proposal/bid. Form 3: Immigration Affidavit Certification MUST he signed andatta_ched with your submittal. E-Verify Memorandum of Understanding or ComRi ny Profile page should be attached with your submiltal. Form 4: Certification fen Claiming Status ps a Lucas Business if -applicable, has heen executed and returned_ Cnni ar Lee County Business Tax Receipt should be attached with your. submittal to be comidgred_ Form 5: Reference Questionnaire form must be utilized for each re4ueste_d reference and included with your suhmittalJf applicable to the solicitation. Form h: Grant Provisions and Assurances packag in its entirely, if apnlicable, are cucutcd and should be included with your submi ttal. Vendor W-9 Form. Vendor acknowledges Insurance Requirements and is prepared to produce the required insurance certificate(s) within five (5) days of the County's issuance of a Notice of Recommend Award. The Bid Schedule has been completed and attached with your submittal, applicable to bids. Copies of all requested licenses aadfor certifications tacomplete the requirements of the project. All addenda have been sighed and attached. ounty's IT Technical Architecture Requirements has been acknowledged and accepted, if applicable. Any and all supplemental requirements and terms has been acknowledged and accepted, i F applicable. Exhibit 35 - Vendor Check List Z I P a g e Packet Pg. 360 1 11.B.f I CERTIFICATE OF LIABILITY INSURANCE I DATE (I 06/13/2023 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 James Or NAME: Randall Personal and Commercial Insurance, Inc aCNNo Ext : (407) 644-1615 �A Na): (407) 644-8503 3307 Clarcona Road E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # Apopka FL 32703 INSURERA: NEXT INSURED INSURER B : Progressive Insurance Bluwater Florida LLC INSURER C : Employers Insurance Company of Nevada 10640 5291 Maple Ln INSURER D : INSURER E : Naples FL 34113 INSURER F : COVERAGES CERTIFICATE NUMBER: CL2361300009 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. INTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FxI OCCUR X EACH OCCURRENCE $ DAMAGE TO REIN I LL) PREMISES Ea occurrence) $ 100,000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 A NXTHHX7PCT-00-GL 06/13/2023 06/13/2024 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2-000000 POLICY ❑ JECT PRO FX7 LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 500,000 BODILY INJURY (Per person) $ ANY AUTO B OWNED SCHEDULED AUTOS ONLY AUTOS 970632051 06/12/2023 06/12/2024 BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ )( AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ r $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER C ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N /A EIG5292326-00 06/13/2023 06/13/2024 E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ 500,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Collier County Board of County Commissioners OR Board of County Commissioners in Collier County OR Collier County Government OR Collier County OR for any and all work performed by Collier County included as an additional insured under the captioned Commercial General Liability, Automobile Liability Policies on a primary and non-contributory basis if and to the extent required by written contract. Contract # 22-8023; For any and all work performed on behalf of Collier County CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3295 Tamlaml Trail E. ACCORDANCE WITH THE POLICY PROVISIONS. Naples, FL 34112 1 J bl`1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 361 a 11.B.f I ACC)PR o CERTIFICATE OF LIABILITY INSURANCE I DATE (I 06/13/2023 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 James Orr NAME: Randall Personal and Commercial Insurance, Inc AICNNo. Ext : (407) 644-1615 FAX No): (407) 644-8503 3307 Clarcona Road EMAIL ^ INSURER(S) AFFORDING COVERAGE NAIC # Apopka FL 32703 INSURERA: NEXT 16285 INSURED INSURER B : Progressive Insurance 24260 Bluwater Florida LLC INSURER C : Employers Insurance Company of Nevada 10640 5291 Maple Ln INSURER D : Travelers Casualty and Surety Company 2565E INSURER E : Naples FL 34113 INSURER F : COVERAGES CERTIFICATE NUMBER: CL2361300009 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 LTR TYPE OF INSURANCE AIJUL INSD bUtSK WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FX] OCCUR X EACH OCCURRENCE $ PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 A NXTHHX7PCT-00-GL 06/13/2023 06/13/2024 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ JECTOLICY❑ PRO X❑LOC RPTHER PRODUCTS-COMP/OP AGG $ 2,000,000 $ : AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 500,000 BODILY INJURY (Per person) $ ANYAUTO B OWNED SCHEDULED AUTOS ONLY AUTOS 970632051 06/12/2023 06/12/2024 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ r $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE I ER C ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? FNI N /A EIG5292326-00 06/13/2023 06/13/2024 E.L. EACH ACCIDENT $ snunn E.L. DISEASE - EA EMPLOYEE $ 500,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 D Crime/ Employee Dishonesty Liability 107859487 06/15/2023 06/15/2024 $ 100,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Collier County Board of County Commissioners OR Board of County Commissioners in Collier County OR Collier County Government OR Collier County OR for any and all work performed by Collier County included as an additional insured under the captioned Commercial General Liability Automobile Liability Policies on a primary and non-contributory basis if and to the extent required by written contract. Contract # 22-8023; For any and all work performed on behalf of Collier County CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3295 Tamlaml Trail E. ACCORDANCE WITH THE POLICY PROVISIONS. Naples, FL 34112 (F1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 362 DATE ( CERTIFICATE OF INSURANCE 11.13.f 06/ PRODUCER AND THE NAMED INSURED THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY Evolution Insurance Brokers, LLC. AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE OF INSURANCE DOES NOT AFFIRMATIVELY OR 8722 S. Harrison St. NEGATIVELY AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED Sandy, UT 84070 BY THE INSURANCE POLICIES BELOW INSURERS AFFORDING COVERAGE (801) 304-5500 INSURED INSURER A: Prime Insurance Company Bluwater Florida LLC INSURER B: INSURER C: INSURER D: t) 5291 Maple Ln J Naples, FL 34113 'LIMITS MITS SHOWN ARE THOSE IN Company #12588 J EFFECT AS OF POLICY INCEPTION" COVERAGES The policies of insurance listed below have been issued to the insured named above for the policy indicated. Notwithstanding any requirement, term or condition of any contract or C 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 LL conditions of such policies. Aggregate limits shown may have been reduced by paid claims. N POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS 0 Commercial Liability SC23061188 6/12/2023 6/12/2024 $500,000 Per Person $1,000,000 Per Accident m ❑V Claims Made $2,000,000 Policy Aggregate 1. ❑d Exclude Products to R ❑d Exclude Completed Operations •L M ❑ Commercial Auto Liability Any Auto p All Owned Autos U Scheduled Autos 0 Hired Autos C Non -Owned Autos 2- Drive Away p Specifically Described Autos to O ❑ Commercial Garage Liability N G.K.L.L. 00 O.T.R.P.D. N N D.O.C. Cargo 0 00 On Hook IO Contractual Liability Indemnification Wrongful Repossession Claims Made M Exclude Products Exclude Completed Operations l;0 ❑ Excess Liability I � ❑ Claims Made V LIMITATION OF COVERAGE FOR ADDITIONAL INSURED M CONTRACT # 22-8023 - Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, OR p Collier County included as an additional insured under the captioned Commercial General Liability and Policies on a primary and non-contributory basis if and to the extent 00 required by written contract N N DESCRIPTION OF OPERATION/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Coverage is limited to only insured activities or operations identified in the Policy. Rental - Personal Watercraft & Jet -Skis, Kayaks, Canoes - Receipts, Rental - Personal C Watercraft & Jet -Skis - Per Unit., Rental - Kayaks & Canoes - Per Unit., Additional Insured Endorsement - Scheduled., Primary & Non -Contributory Endorsement. d E t t� CERTIFICATE HOLDER ADDITIONAL INSURED LOSS PAYEE Q Collier County Board of County Commissioners SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND 3295 Tamiami Trail E UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Naples, FL 34112 AUTHORIZED REPRESENT I E rfj� UDA-F-03014FEB2020 Packet Pg. 363 11.B.f /_131QkIIs] Z/_UL11411N=131=1ZIBIG]:M=1kv,l=1ZII PAP-99-12 This Endorsement changes the terms and conditions of the Coverage Contract issued. Please read it carefully! The following requirements govern coverage under the Policy and must be adhered to for coverage to be provided to the Insured under the Policy. No activities conducted by the Insured are covered under the Policy unless they are conducted in full compliance with all of the requirements specified below and in the Policy. The Insured must advise its employees, agents, contractors, and/or subcontractors of these requirements and ensure that they also abide by them for coverage to be provided. The Insured agrees and understands that any noncompliance with the following specified requirements and/or the terms and conditions set forth in the Policy will result in the denial of coverage under the Policy meaning the Insurer will not be obligated to indemnify or defend you. Policy Number: SC23061188 Insured: Bluwater Florida LLC Effective Date of the Endorsement: 06/15/2023 Additional Insured: Collier County Board of County Commissioners 3295 Tamiami Trail E Naples, FL 34112 The "Who is an Insured" provision of the Policy shall be amended to include the person or organization scheduled in this Endorsement as an Additional Insured for the limited purpose of liability arising from Your Work, as that term applies to the Named Insured only, and subject to all other terms and conditions of the Policy and this Endorsement. The coverage provided by this Endorsement only extends to cover the Additional Insured for allegations of liability based upon alleged, actionable conduct of the Insured and only to the extent the Insured would have been liable and coverage would have been afforded to the Insured under the terms and conditions of this Policy had such Claim been made against the Insured. No coverage shall be provided for any liability arising out of the Additional Insured's own alleged conduct. The Policy has been entered into in the State of Utah and any rights, remedies, or obligations provided for in the Policy shall be construed and enforced in accordance with the laws of the State of Utah. Furthermore, the Additional Insured understands and acknowledges that the Insurer conducts its business activities, including underwriting, risk management, and claims handling services, within the State of Utah and acknowledges that by entering into this policy of insurance, the Additional Insured is deemed to be transacting business within the State of Utah. Accordingly, the Additional Insured hereby understands and consents to the jurisdiction of the courts of the State of Utah and agrees that those courts shall be the exclusive forum to hear and decide disputes consisting of or relating to the Policy, including any insurance coverage issues and any payments due under the Policy. The Additional Insured is subject to all of the terms, provisions, conditions, exclusions, definitions, limitations, representations, and Endorsements of the Policy issued to the Insured and all related documents providing coverage to the Insured. The failure of the Insured to adhere to any such provisions will also defeat coverage under the Policy for all Additional Insureds. The Insurance afforded by the Policy to the Additional Insured(s) scheduled in this Endorsement as an Additional Insured, at the location scheduled in this Endorsement, for the limited purpose of liability arising from Your Work, as that term applies to the Insured only, and subject to all other terms and conditions of the Policy and this Endorsement is primary insurance. Any other insurance or self-insurance maintained by the Additional Insured(s) is excess of this insurance and shall not contribute to it. Endorsement No PAP-99-12 06NOV2019 Page 1 of 1 Printed On: Thursday, June 15, 2023 Packet Pg. 364 11.B.f PRIMARY AND NONCONTRIBUTORY ENDORSEMENT PAP-99-38 This Endorsement changes the terms and conditions of the Policy issued. Please read it carefully! This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your Policy provided that: 1. The additional insured is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. Additional Insured: Collier County Board of County Commissioners 3295 Tamiami Trail E Naples, FL 34112 PAP-99-38 07JUL2016 Page 1 of 1 Packet Pg. 365