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Backup Documents 07/11/2023 Item #11D
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwardedd tt9c ey Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in a (o*4 k 1 4 1013 Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Ini ' s Date 1. Risk Risk Management �� 7a7/2-3 2. County Attorney Office County Attorney Office ' 1913 4. BCC Office Board of County Commissioners gL /l 7//1/L3 4. Minutes and Records Clerk of Court's Office 1,� a V' 7/igf2 JO'ZD4r 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Patrick O'Quinn/PROCUREMENT Contact Information 239-252-8407 Contact/ Department Agenda Date Item was JULY 11TH, 2023 Agenda Item Number 11.D. Approved by the BCC Type of Document REVENUE GENERATING Number of Original 1 Attached AGREEMENT Documents Attached PO number or account N/A 22-8023 BLUWATER number if document is OUTSOURCING FLORIDA LLC to be recorded OF COUNTY MARINAS INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be PRO signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the PRO document or the fmal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's PRO signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 07/11/2023 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the an option for Chairman's signature. this line. 11D REVENUE GENERATING AGREEMENT #22-8023 for OUTSOURCING OF COUNTY MARINAS THIS AGREEMENT, made and entered into on this (I I'' day of Jv I j 2023 ,by and between BluWater Florida LLC authorized to do business in the State of Florida, whose business address is 5291 Maple LN, Naples, Florida 34113 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County") (collectively, the "Parties"): WITNESSETH: 1. AGREEMENT TERM, The Agreement shall be for a two (2 ) year period, commencing n upon the date of Board approval; or n on and 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 Exhibit 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) CAO 1D 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 (15th) of each month. This report shall accompany the monthly Statement of Gross Receipts and shall be subject to audit. Contractor's failure to remit any such payment or produce the reports shall be considered a material breach of the Agreement. 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 (15th) 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://dor.mvflorida.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. SALES TAX,Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exemptfrom 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.12/20) CAO 11D 8. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: BluWater Florida LLC Address: 5291 Maples Lane Naples, FL 34113 Authorized Agent: Cam Nguyen, CEO Attention Name & Title: Telephone: (239) 631-9599 Email(s): Bluewaterrentals(a�gmail.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Name: Parks and Recreation Division 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.Giarimoustascolliercountyfl.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.12/20) CAO 1 iD 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.12/20) CAO i1q 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 Recreation Director or designee. All days and hours shall be conspicuously posted and easily read 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 continue throughout the year including applicable holidays. Page 5 of 15 Revenue Generating Agreement (ver.12/20) CAO 110 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 15 Revenue Generating Agreement (ver.12/20) CAO iiLi 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. • Commercial General Liability: Coverage shall have minimum limits of$ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. business Auto Liability: Coverage shall have minimum limits of $ 500,000 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. n Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$500,000 for each accident. D. 1.1 Hull Protection & Indemnity : Coverage shall have a minimum limit of $ 1,000,000 per occurrence. E. • 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.12/20) CAO � i0 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. JNDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, director 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 INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 38. APPLICABILITY, Only the sections corresponding to any checked box (■) will apply to this Agreement. Page 8 of 15 Revenue Generating Agreement (ver.12/20) cAo 1D 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 n Proposal (RFP), n Invitatio Addenda/Addktndurn and Other: 40. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 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, equalemployment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communications, Government & Public Affairs Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequest(a)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) ChO 11D 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 ITEMS/SERVICES,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 OF PRECEDENCE, In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 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) this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume D 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-FMOPScollierqov.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$500 per incident. ****************************************E N D**************************************** Page 11 of 15 Revenue Generating Agreement (ver.12/20) 1 1 ® IN WITNESS, WHEREOF, the Contractor and the County, by an authorized person or agent, have executed this Agreement on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Crystal K. Kinzel, Clerk of Courts & Comptroller <---- By:C �I " ;A ,'. r� i ' ' By: - } , , " 4� RICK LOCASTRO , Chairman Dated: ,. j °. ••�, s alT f,, ;1 .�' • we 'a '; Contractor's Witnesses: Contractor: BLUWATER FLORIDA LLC vs I ► By: d7 — First Wit ss Signature aViVf ( r 1 AP6W4 Warn aleAwe,J eqPsfa%itf ie0 Print Name and Title Print Na e'and Title Seco d 1 ness .....a N-me 't I u w - b yotla�f n.$ Pri ame and Title A oved as to nd Legality: County Attorney Page 12of15 '�' Revenue Generating Agreement(ver.12/20) Oa ii0 Exhibit A SCOPE OF SERVICES IIfollowing this page (pages 1 through 23 ) Page 13 of 15 Revenue Generating Agreement (ver.12/20) GAO Request for Proposal (RFP) #22-8023 1 1 D "Outsourcing of County Marinas" Exhibit A SCOPE OF SERVICES This Agreement is 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. 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 tide reports • Marketing of facilities • Safety and Security of the facilities All sales transactions conducted by the Contractor in the operation of the County's marinas shall be cashless. The Contractor shall always maintain safe dock operations. The Contractor will also 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 Page 1 of 5 Exhibit A—Scope of Services 043 11D Request for Proposal (RFP) #22-8023 "Outsourcing of County Marinas" 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 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 Recreation 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 accounting control equipment for the proper control of all credit card/electronic payment transactions. Credit card/electronic transaction statements 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 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 Iicenses 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 Page 2 of 5 Exhibit A—Scope of Services CAO Request for Proposal (RFP) #22-8023 1 1 t "Outsourcing of County Marinas" 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 the Director of Parks and Recreation or designee. If any changes or revisions are made 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. 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 e store. he shall collect the funds and notify Parks' staff immediately of any meter issues. All parkiinsidng the and boat launching fees collected will be identified and sent to the County along with the fees identified in Exhibit B Fee Schedule, which is due on the 15'h of each month. If not paid by the end of the 20'h, a late charge of$50 per day may be added to fees due beginning on the 21S' 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 monthly fee for utilities per Marina as set forth in the Exhibit B, Fee Schedule. 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 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 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 Contractor may be provided upon request. 11. Supplies and Equipment Page 3 of 5 Exhibit A—Scope of Services CAD Request for Proposal (REP) #22-8023 1 1 0 "Outsourcing of County Marinas" 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 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. Page 4 of 5 Exhibit A—Scope of Services CAO ` i1D Request for Proposal (RFP) #22-8023 "Outsourcing of County Marinas" The Contractor will remove litter in the immediate exterior area within fifty(50) feet of the ship stores on a daily basis. 15. Restrooms The public restrooms will be cleaned by the Contractor, except for Cocohatchee River Park. Toilet paper and other restroom supplies will be supplied by the Contractor. The Contractor 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 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 CAo ATTACHMENT A- MARINA LOCATIONS Port of the Islands Park :.. � N ��� 1 .J4L�' X c,y. ..:.,m �. m . ��� t.b+- 521, 4 515 52,- At :t1 .4 O 525 O I 5i r 2. 51. pyx R� .N i 25 525•i.52/ wR o k Gu 6T •525 25 525+ s15 • .. r , - ii - • l 5 ©125-C'525 9 15 p �. t 523525 t _ 525 525 ��. s aro ' _ 25 • 0 25 O;5 S"'25 62r - • 25 5 525. V 5z �} s'3 E� 5225 c25`. ©S 725 9 yy .glY1. ^� �, 525 2' . • 325• ' * O5. •52-+ a521r-525.. Q 525•..525 '5�25 •25 , i a :� .u{� 5 • - 25 525 o555`.5]5 $s �; 525• 325 525 25 525b"pS525 x '� S t'&& ti F r" ( 523•2, i�52�3 2 999. �a �y t �- � •52 � 4 121 52 IN � '� �+, P^^9: 4`., • • Q 525: 25 ~ Y1125, f ��,�� C � 4 k '' ca 7a- — ' \ yam' = s 1 'i • a. 1' I d w 25%5 2552'1255 5 1 2 5525 1 12 523_ 7 ��dd ya ,, " Y.�, . ,�265•±557552'5'5 2�552352.52023525 • A •Va Ate*\ 22 2 2 525 24121520452 '25 25 .2i0,2552`usi I 1 323525 2=255"5525�•5 5253225525 25 R 'a+ *,:i 525525525 25 25325125p5{,25 2 3 P r5 ,1, 525525 2 5� 5 25-55 2 555 2 51 5 52 6, .5125 • 'fir ,r ,� M • •E°, t , s ! 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 Ch° 1 1 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/Restrooms/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 cL 0 110 Goodland Boat Park F r © ) VW .i Ai? � { 7 Fab� ' 664 tC_( . Gi 77 �. o�5a ,, • s R ggip \Mi \ .' a °� . !„. ;... ,, ,- p . _ 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 AA 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 aweek/365 days a year from 7 am to dusk. CA0 11D • 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. • Ship-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. ,Cp,O 1 1 a Cocohatchee River Park 3 Na'a x � e 3, t , 1 L l,.plf tF J I .`ce a MP i rX 44 22i Gs yF�. wayk 71 � 71I �`( r 4 11 I .4l Imo^*^ s" . > a .3 '-,',.„, ,,-, ,,„,t-a . '. , .z.t,4 arr{ lp ',�\ � , .q... t`'7y E .p.T� F dr.T.� LPI pp•� ,,r • i I i A� it. . as..�.° �y . •;',„; 1 ,.. t '''''I 8.`; ,—.. -,',', I : '''4(;,°%:.°VtItif', -,c''''''',.' ,; 0 , i'-• — .. '''''' i '"s li ; e"rri . . _ .. ,�- ..w _ �} pi '''' i,i'.. 14.6.,......4.11.§ "-", t wriliztot.-:#- ,'17V .1,1t, ,,....tr'•.?,t.t" .t.': ,. ,,.... .1.1.;''li't;:„44.; ) ' ,,,,• :•••-',.,',311 ,',", '7.4ii . ' i,-'' ,filti ' .,--7----i. ---' V. or 4' ' A ccii„, j ... 1 Att...„,:4 ru hK• xyy�y, �rry yI.: A 4, , I fiksItt _��5 dw .. 1 1 ��ss.�" Ifi k' A v 111111111 ♦ .• 1 i, ASL %'.t rt4 re. f . ,,. �. • .S'. ^Ti • •1 e�, • ei P ., Eo wo,.. '.'. 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/Restrooms/Office/Storage: A 1,060 square foot ship store and office provides retail sales including tackle, charts, t-shirts, 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. ' 1D Caxambas Boat Park I - 'mot.e....s p . ., , .,, yy, 4. _y . 1 1� R /.44t. a '* a049 1.'7 '''—'9° "45 4 t S , g e9 r " 'k , tq t '.4 < �gg • 11P1 � �Aaa�a d c.� � c � d., ` ` �� _ a F '^^ l 3 • aa a ,' .x' ditil • , rL. ` �49zo � a:„kV i qq • , . - a "y S.'' lM . ,.nad` ap'' y ' s':' ''X �,". vF.� • S t .' 1 . t ti L \ -S Y ' ' ' ' ' '''' * clOW, -,,, • .' ss' 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/two 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. GI° ATTACHMENT B CMA 5312 1 1 0 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,Fla. Stat.; Drug-Free Workplace Act; 49 CFR Parts 40 and 382; and 49 USC 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(GC WR)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. Stat. Conviction is a finding of guilt (including a plea of no contest) or imposition of sentence or both, by any Page 1 of 12 CAa CMA 5312 i1Li 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 from 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. Stat. § 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. Stat. 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 Cp.O 11Li 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. 110.1127, 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 51% 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,random/suspicionless 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 3 of 12 C1 ° i 1D 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. (f) 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 (j) 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(NIOSH) (n) Any position that requires an employee 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 5 1% 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 CMA 5312 1 1 D 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 or 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 CIO I 1 D 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. Stat. and § 24(a), Art. 1, 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. 3) All job applicants or current employees who fall 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). Page 6 of 12 CAO CMA 5312 1 1 U DRUG FREE WORKPLACE B. Post-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 operator/employee,damage to a citizen's property, 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. 1) 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. Stat., 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 BCC 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 an employee possesses or uses alcohol,controlled substances or illegal drugs or is under the influence of alcohol,controlled substances or illegal drugs while on duty. Supervisors will monitor Page 7 of 12 CAO CMA 5312 1 i��! 0 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,EHS 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: 1) 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 urine 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 the 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 worksite, 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/Suspicionless Testing 1) On an annual basis,Collier County will meet the current Department of Transportation(DOT) percentage requirements for Random/Suspicionless 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 Page 8 of 12 ChO CMA 5312 1 1 0 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. Stat. F. Follow-Up Testing: Follow-up testing will be conducted prior to an employee returning to work following a positive test result. G. Volunteer Screenings: 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 and/or 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 Page 9 of 12 CAO CMA 5312 1 1 0 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 the program or SAP recommendation will result in termination of County employment. c. CDL employees must comply with all State and Federal Laws 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 confirmed test result and the drug confirmed is an illicit drug under s. § 893.03, Fla. Stat, will 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. 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 under 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. Stat, will Page 10 of 12 CAO CMA 5312 1 1 it DRUG FREE WORKPLACE U 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 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-up 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 under Federal law, and providing they are not under the influence of drugs or alcohol while on the job. Accordingly, an Employee Assistance Program (EAP) 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/her job. No employee shall report for duty or remain on duty while using any controlled substances, unless such Page 11 of 12 CAO CMA 5312 I I. Li 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 CAO 110 Exhibit B Fee Schedule Ill following this page (pages 1 through 1 ) Page 14 of 15 Revenue Generating Agreement (ver.12/20) CAO 110� Request for Proposal(RFP)#22-8023 "Outsourcing of County Marinas" Exhibit B FEE SCHEDULE 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/electronic transaction to the vendor.(This accounts for required tax and processing fees). 6) 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, 7) 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. 8) 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." 9) 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." 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 151 of the following year. Page 1 of 1 Exhibit B Fee Schedule i 1 Other Exhibit/Attachment Description: n following this page (pages through ) ill this exhibit is not applicable Page 15 of 15 Revenue Generating Agreement (ver.12/20) CAD 73 CD ea C D CD -< Or rn CCD cQ -(3 O CC) 73 = 0 D G) z `� Sy o' 1 2 0 zc m � z w '% Z cn 0 C n m �4 Q m m - O c0 �\ ■ ,... �l O z 70= CD w vv O C > o m c (YI hi Ilk _w Ti r m -I > .xi0 0 W cp 0 D=Im g > r- miS).\. 1 D _ D R. Z -n Z 0 0 'nCO -� � � cDoo > o �D -� o_ -D = m 0C Mm -< o- o -, or) m O 0 tD Q. 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