Agenda 04/22/2025 Item #16A204/22/2025
Item # 16.A.20
ID# 2025-1087
Executive Summary
Recommendation to formally waive contractual payment obligations for Revenue Generating Agreement #22-8023, with
Parks and Recreation Division concessionaire BluWater, LLC, for the retail sales of bait, drinks, food, and minor
sundries at Caxambas Park until the park’s Fuel Delivery System renovations have been completed, and retail fuel sales
can be reinstated.
OBJECTIVE: To maintain the established concessionaire services for the boating community at the Caxambas Park,
while continuing to collect boat launch and parking fees as stipulated in the Revenue Generating Agreement with
BluWater, LLC, ensuring uninterrupted public access.
CONSIDERATIONS: On July 11, 2023, the Board of County Commissioners approved a Revenue Generating
Agreement with BluWater, LLC to manage marina operations at four parks, including Caxambas Park in the City of
Marco Island. Under this agreement, BluWater remits 8% of gross retail sales and 6% of gross fuel sales to the County.
Due to extensive repairs following Hurricane Ian, Caxambas Park partially reopened on February 15, 2025, but its fuel
delivery system will remain offline until November 20, 2025. Until fuel service resumes, BluWater is limited to selling
bait, beverages, pre-packaged foods, and sundries.
To support the operations of this facility and the vendor in accordance with the Revenue Generating Agreement during
this interim period, staff recommends waiving the 8% retail sales remittance until the park is fully operational with fuel
sales. This ensures continued public access to concession services without affecting boat launch or parking fees, which
the County will still collect. BluWater will resume full remittances in accordance with the Revenue Generating
Agreement once the fuel system is operational and the park is fully reopened.
If the County were to assume total operations of this facility during this period, it would require additional staffing and
costs exceeding $150,000. Maintaining the current arrangement with BluWater preserves service levels, avoids
unforeseen expenses to the County, and leverages the vendor’s already-established operations at the other County boat
launch facilities.
The property's geographical location, seasonality of use, its exclusive designation for recreational use by the City of
Marco Island, and the facility's closure for nearly two years following Hurricane Ian have made it difficult to accurately
project the annual revenues excluding fuel sales. Nevertheless, under the terms of the approved Revenue Generating
Agreement, the vendor remains responsible for all other contractual obligations and operational costs, including hours of
operations, staffing, inventory, and utilities.
The recommended action is consistent with County's Strategic Plan by preserving and enhancing the character of our
community, encouraging active community engagement and participation, and providing quality public amenities and
recreational opportunities at the current established level of service for Caxambas Park.
FISCAL IMPACT: The reported retail sales total for February 15, 2025, through February 28, 2025, totaled $7,624.86.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board
approval. –DDP
RECOMMENDATIONS: To formally waive contractual payment obligations for Revenue Generating Agreement
#22-8023, with Parks and Recreation Division concessionaire BluWater, LLC, for the retail sales of bait, drinks, food,
and minor sundries at Caxambas Park until the Fuel Delivery System renovations have been completed, and retail fuel
sales can be reinstated.
Page 1815 of 6355
4/22/2025
Item # 16.A.20
ID# 2025-1087
PREPARED BY: James Hanrahan, Division Director, Parks & Recreation
ATTACHMENTS:
1. 22-8023Contract_BluWater_FullyExec
2. Caxamabas New Fuel System
3. Don Wood - Caxambas Tentive Schedule of Milestones 03032025
4. CAX MARINA - FEB 2025
Page 1816 of 6355
REVENUE GENERATING AGREEMENT
22-8023
for
OUTSOURCING OF COUNTY MARINAS
THIS AGREEMENT, made and entered into on this ( 1/-‘1
day of Jv j 20 23 ,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
upon the date of Board approval; or Li 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.
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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.myflorida.com/dor/taxes/sales tax.html#tab1.
6. FINANCIAL REVIEW. RECORDS.AUDIT. The Contractor shall provide, at its expense, an annual
independent review of the Contractor's financial records. The purpose of this review is to
substantiate that the County has been compensated in accordance with this Agreement.
The Contractor shall establish and maintain such records as now exist and may hereafter be
prescribed by the County in the future to provide evidence that all terms of this Agreement have
been and are being observed. The Contractor grants to the County the right and authority to audit
all records, documents, and books pertaining to the concession operations. Such audit will be
conducted at locations and at a frequency determined by the County and communicated to the
Contractor. The Contractor agrees to provide materials for the audit at the place designated by the
County within three (3) business days after the County's notice to do so is received by Contractor,
all at no cost to the County.
7. 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.
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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.
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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
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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.
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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
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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. I 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. I I 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. ICI Hull Protection & Indemnity Coverage shall have a minimum limit of
1,000,000 per occurrence.
E. Ill Crime/Employee Dishonesty Coverage shall have a minimum limit of
100,000 per claim & in the aggregate.
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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, direct or consequential damages, or
economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of
this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce
any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier County.
36.1 The duty to defend under this Article 36 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County
and any indemnified party. The duty to defend arises immediately upon presentation of a claim by
any party and written notice of such claim being provided to Contractor. Contractor's obligation to
indemnify and defend under this Article 36 will survive the expiration or earlier termination of this
Agreement until it is determined by final judgment that an action against the County or an
indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable
statute of limitations.
36. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County
by the Parks and Recreation Division
37. CONFLICT OF 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.
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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 • Proposal (RFP), n fits—and
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(c colliercountyfl.gov
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in this chapter
or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of
the contract term and following completion of the contract if the Contractor does not
transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public records
in possession of the Contractor or keep and maintain public records required by the public
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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)
0,0
Page 1826 of 6355
this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume
toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the
County.
49. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended.
Background checks are valid for five (5) years and the Contractor shall be responsible for all
associated costs. If required, Contractor shall be responsible for the costs of providing background
checks by the Collier County Facilities Management Division for all employees that shall provide
services to the County under this Agreement. This may include, but not be limited to, checking
federal, state and local law enforcement records, including a state and FBI fingerprint check, credit
reports, education, residence and employment verifications and other related records. Contractor
shall be required to maintain records on each employee and make them available to the County for
at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County
Government Identification badges at all times while performing services on County facilities and
properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be
renewed each year at no cost to the Contractor during the time period in which their background
check is valid, as discussed below. All technicians shall have on their shirts the name of the
contractor's business.
The Contractor shall immediately notify the Contract Administrator and the Collier County Facilities
Management Division via e- mail (DL-FMOPS(a colliergov.net) whenever an employee assigned to
Collier County separates from their employment. This notification is critical to ensure the continued
security of Collier County facilities and systems. Failure to notify within four (4) hours of separation
may result in a deduction of$500 per incident.
E N D****************************************
Page 11 of 15
Revenue Generating Agreement (ver.12/20)
Page 1827 of 6355
IN WITNESS, WHEREOF, the Contractor and the County, by an authorized person or agent, have
executed this Agreement on the date and year first above written.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
Crystal K. Kinzel, Clerk of Courts &
Comptroller
By: r • By:
p4 Z' RICK LOCASTRO Chairman
Datad:
stnft0
Contractor's Witnesses:Contractor:
BLUWATER FLORIDA LLC
we . By:
First Wit ss Signature
PeetaY (ft4rn? Y/ii 5 Warn 4 &ga) eqe-5iadi t/et-0
Print Name and Title Print NaandTitle
Seco d I ness
A4.6 4-1 u .r..t a O.l'a i 4$
Prir ame and Title
A oved as to nd Legality:
County Attorney
Page 12 of 15 r
Revenue Generating Agreement(ver.12/20)
Ch°
Page 1828 of 6355
Exhibit A
SCOPE OF SERVICES
I following this page (pages
1 through 23 )
Page 13 of 15
Revenue Generating Agreement (ver.12/20)
CAO
Page 1829 of 6355
Request for Proposal (RFP) #22-8023
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
Diy 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 GPO
Page 1830 of 6355
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 licenses and/or certifications to conduct business.
5. Marketing
The Contractor shall actively market the boating opportunities at the marina. A marketing plan shall be included in the
proposal for review. Annual updates are expected and should be reviewed and approved by the Director of Parks and
Recreation or designee for approval. The Contractor shall utilize a website and printed material that describes the services
and facilities available at the marina. Advertising expenses are solely the responsibility of the Contractor.
6. Safety and Security
The County will not assume any responsibility for marina security other than the security cameras at the wet-slips, in the
ship-store, on the marina common areas, routine law enforcement patrols on land and on the water, and Collier County
Park Ranger patrols.
The Contractor shall have a written safety and security plan included in its proposal. A first aid kit must be present at
each location and shall be at the expense of the Contractor. An Automated External Defibrillator(AED)will be provided
by the County. The Contractor will cooperate with all jurisdictional law enforcement agencies and personnel.
7. Fees and Charges
Page 2 of 5
Exhibit A—Scope of Services
CAO
Page 1831 of 6355
Request for Proposal (RFP) #22-8023
Outsourcing of County Marinas"
The Contractor shall provide the County with a copy of the customer fce 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
inside the store. The Contractor shall collect the funds and notify Parks' staff immediately of any meter issues. All
parking and boat launching fees collected will be identified and sent to the County along with the fees identified in Exhibit
B Fee Schedule, which is due on the 15''' of each month. If not paid by the end of the 20'1', a late charge of$50 per day
may be added to fees due beginning on the 2151.
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
I"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.c., 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 3of5
Exhibit A—Scope of Services CPO
Page 1832 of 6355
Request for Proposal (REP) #22-8023
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.li
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
CAA
Page 1833 of 6355
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 sof5
Exhibit A—Scope ofServices
CAC/
Page 1834 of 6355
ATTACHMENT A- MARINA LOCATIONS
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BOO • • O OO •O'fy'
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
Page 1835 of 6355
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
CNC)
Page 1836 of 6355
Goodland Boat Park
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The Goodland Boat Park (Marina) is located on the historic island of Goodland, Florida. This location
provides direct access to the Ten Thousand Islands,the celebrated backwaters of the Everglades.
Bait Tanks:There are 2 saltwater bait tanks for live bait
Boat Slips:There are 12 wet slips equipped with water and power. One slip is made available to
local law enforcement. There is also 1 floating dock that is ADA accessible.
Fee Meter: is located at the boat ramp area
Fish Cleaning Station: is located near the boat ramp and is equipped with running water and a
disposal station for fish entrails.
Fishing and Observation Platforms: are located on the dock.
Hours of Operation:The Ship-store is currently open 7 days a week/365 days a year from 7 am
to 2 pm. The Marina and boat ramp are currently open 7 days a week/365 days a year from 7
am to dusk.
CAC
Page 1837 of 6355
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.
CA°
Page 1838 of 6355
Cocohatchee River Park
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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.
CA()
Page 1839 of 6355
Caxambas Boat Park
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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.
GNP'
Page 1840 of 6355
ATTACHMENT B
CMA 5312
DRUG FREE WORKPLACE
Effective Date:August 1,1999(Revised: October 1,2001;Revised: October 1,2003;Revised December
6, 2005; Revised June 2, 2006; Revised September 10, 2010; Revised: November 18, 2013; Revised:
August 28,2017)]
5312-1. Purpose.
The purpose of this Instruction is to provide for procedures and implementation of the Drug-Free Workplace
policy as authorized by the County Manager.
5312-2. Concept.
The Board of County Commissioners (BCC) has a vital interest in maintaining a safe, healthy, and efficient
working environment. Being under the influence of a drug or alcohol on the job or the use, sale, purchase,
transfer,or possession of an illegal drug or alcohol in the workplace poses unacceptable risks for safe,healthy,
and efficient operations to the user and to all those who work with the user. Collier County is obligated to the
public and its employees to provide services that are free of the influence of illegal drugs and alcohol and will
endeavor through this policy to provide drug-and alcohol-free services.
A. Employees will be informed of the dangers of alcohol and/or drug use in the workplace during New
Hire Orientation within the first month of employment.
B. The County intends, through this policy, to comply with federal and state rules, regulations or laws
that relate to the maintenance of a workplace free from illegal drugs and alcohol.
C. It is also County policy to comply with the Omnibus Transportation Employee Testing Act of1991; §
440.102 and 112.0455,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(GCWR)of 26,001 lbs.or more,to include a towed vehicle
that is HEAVIER than 10,000 lbs. There are 3 classifications: A, B and C with additional endorsements that
can be found at the Florida Department of Motor Vehicles. CDL requirements are included in the job
classification.
Confirmation Test, Confirmed Test or Confirmed Drug Test is a second analytical procedure used to
identify the presence of a specific drug or metabolite in a specimen, which test must be different in scientific
principle from that of the initial test procedure and must be capable of providing requisite specificity,
sensitivity, and quantitative accuracy.
Controlled Substance is a controlled substance as defined in Schedules I through V of§ 893.03,Fla. Stat.
Conviction is a finding of guilt (including a plea of no contest) or imposition of sentence or both, by any
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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,
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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
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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 51% or more of the time in support of
their position.
p) All Equipment Mechanics(Fleet, Plant, Field)
q) Positions where the incumbents work closely with or oversee children(Childcare Services Personnel,
Recreation Instructor, Camp Counselors, Summer programs positions, VPK, Library Services and
Lifeguards/Pool Attendants, etc.)
In the event that there are any changes in work protocol that could move a position into a Safety-Sensitive
position,it is the responsibility of the Department Management along with the Environmental Health&Safety
Specialist and Risk Management's Environmental Health & Safety Manager to determine if the tasks to be
performed are Safety-Sensitive and designate the position as such.
Specimen is tissue, hair, or a product of the human body capable of revealing the presence of drugs or their
metabolites, as approved by the United States Food and Drug Administration or the Agency for Health Care
Administration.
Substance Abuse Professional (SAP) is a licensed physician (Doctor of Medicine or Osteopathy); or a
licensed or certified social worker; or a licensed or certified psychologist; or a licensed or certified employee
assistance professional; or a state-licensed or certified marriage and family therapist; or an alcohol and drug
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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)
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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).
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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
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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
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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
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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
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lose the ability to drive a County vehicle for up to 1 year in accordance with CMA 5805,
Eligibility to Drive County Owned Vehicles" and may have that length of time extended at
the Substance Abuse Professional's(SAP) direction.
d. Employees may appeal any recommendation for discipline as authorized in CMA 5351.
e. The employee or applicant may contest the drug test result pursuant to law.
D. All Drug and Alcohol testing results are filed in a confidential file separate from the general employee
file. The files are located in Risk Management with secure access limited to the DER.
E. Collier County will meet all aspects of 49 CFR Part 40, Subpart P - Confidentiality and Release of
Information.
F. In the event of a positive Post Offer Drug Test(pre-employment),the applicant will be given the name
of a Substance Abuse Professional's(SAP) in accordance with Federal Guidelines.
5312-9. Return to Work.
Employees who do not fall into the category of Safety Sensitive Positions will be subject to follow-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
CPO
Page 1851 of 6355
CMA 5312
DRUG FREE WORKPLACE
substances are used in accordance with the prescription by and direction of a medical doctor who has advised,
based on a review of the employee's job description,that the substance will not adversely affect the employee's
ability to safely perform his/her job. In such cases, employees shall be required to provide written
documentation of clearance to perform work activities to his/her Supervisor before reporting for duty. Any
medical documentation must not be retained in division/department files, and should be immediately
forwarded to the Human Resources Division. The failure of an employee to notify his/her Supervisor prior to
beginning work may result in disciplinary action, up to and including termination of employment.
5312-10. Training.
The Risk Management Division will provide this CMA to all covered employees informing them that the
unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in
the covered workplace and specifying the actions that will be taken against employees who violate the policy.
Risk Management Division will provide annual training, including electronic training programs, to all BCC
Supervisors on the dangers of drug abuse in the workplace; our policy of maintaining a drug-free workplace;
any available drug counseling, rehabilitation, and employee assistance programs; the penalties that may be
imposed upon employees for drug abuse violations and identifying the signs and symptoms of drug and
alcohol abuse. Because this is a federal mandated requirement, failure to attend annual training will result in
a recommendation for discipline in accordance with CMA 5351, "Discipline".
5312-11. Currency.
The Risk Management Division is responsible for maintaining the currency of this Instruction.
5312-12. Reference.
Collier County Personnel Ordinance,Ordinance No.2001-50: Drug Free Workplace: It is the Board of Collier
County Commissioners'policy to prohibit the unlawful manufacture, distribution,dispensation, possession or
use of a controlled substance in the work place. This policy is consistent with § 112.0455, Fla. Stat.
additionally, it is the Board of Collier County Commissioners' policy to comply with the Omnibus
Transportation Employee Testing Act of 1991.
Page 12 of 12
CAO
Page 1852 of 6355
Exhibit B
Fee Schedule
following this page (pages
1 through 1 )
Page 14 of 15
Revenue Generating Agreement (ver.12/20)
CAa
Page 1853 of 6355
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
I51 of the following year.
Page 1 of 1
Exhibit B Fee Schedule
Page 1854 of 6355
Other Exhibit/Attachment
Description:
n following this page (pages through
ICI this exhibit is not applicable
Page 15 of 15
Revenue Generating Agreement (ver.12/20)
CAO
Page 1855 of 6355
1
District #1
Project #50280
Project Manager Camden Smith, PMP, MPA
Customer Facilities Management
Fund 1813
Scope: To design and build a new fuel system for Caxambas
as a permanent repair due to Hurricane Ian damage. Two
fuel dispensers, fuel hoses, new conduit for electrical and
low-voltage, automatic fuel monitoring system, and above
ground tank were included with the bid. Above ground fuel
tanks are easily cleaned post storm.
Design Budget $77,156
Const Budget $756,728 (constr + demo)
Total Budget $818,180 Est
Arch/Engineer LJA
Contractor Don Wood, Inc
Const Admin LJA
NTP Design 12/4/2023
Design Expiration 8/20/2025
NTP Const 2/24/2025
Sub Completion 10/13/2025
Final Completion 11/13/2025
Project Stage Construction Solicitation
CAXAMBAS NEW FUEL SYSTEM (IAN)
Next Steps/Current Challenges Updated: 4/7/2025
•Obtain permits – 4/30
•Site prep mobilization coordinated with tank delivery – 5/31
Progress
•BCC approved contract – 1/14
•Demolition of old tank completed – 9/30
•Prebid meeting held – 7/23
•Demolition permits obtained – 7/29
•Demolition PO opened with Guardian Fuel Technology – 5/28
•100% Plans delivered 3/12 and SDPI submitting
Page 1856 of 6355
Project Milestones # of Days February March April May June July August
NTP and PO Issued x
Tank Submittal / Ordering Upon Approval x
Equipment Submittals / Ordering Upon Approval x
Electrical Contractor Permitting x
Site Mobilization
Secure site, survey/measurements/layout, meet with stakeholders,
deliver equipment and supplies 2 x
Surface Preparation
Excavate foundations for tank and dispenser pads, trench for fuel piping
and conduits 4 x
Piping and Electrical
Install all piping and conduits in trenchs and backfill 3 x
Tank and Dispenser Pads
Install forms, rebar, and dispenser and transistion sumps 3 x
Concrete Work
Pour tank and dispenser pads 1 x
28 DAY PROJECT HOLD - Concrete Cure 28 x
Re-Mobilzation Site to Continue Work 1 x
Tank Set
Offload tank and secure to pag 2 x
Install Tank Accessories
Aboveground piping, tank pumps, vents, fill port, probes, etc.5 x
Install Dispensers and Hose Reels 1 x
Install Veeder-Root 1 x
Electrical
Complete installation of emergency stop buttons, final equipment
connections, and any outstanding issues.3 x
Install POS / Testing 1 x
Insall Bollards 2 x
Install Fence and Pea Gravel 1 x
Final Walkthrough 1 x
Page 1857 of 6355
CAXAMBAS PARK RATE
CAXAMBAS - SALES $7,624.86 0%$0.00
CAXAMBAS - FUEL 0%$0.00
SUBTOTAL - CAX MAIN SALES $0.00
# of
Sales Full Sales Amts
Vendor Portion
Amts CC Amts Totals RATE Backed into Sales
Amts
Backed into Sales Tax
Amts
CAXAMBAS - MOTORIZED LAUNCH COLLECTED ON BEHALF OF COUNTY:134 $1,340.00 $134.00 $1,206.00 1.06 $1,137.74 $68.26
CAXAMBAS - NON-MOTORIZED LAUNCH COLLECTED ON BEHALF OF COUNTY:106 $530.00 $106.00 $424.00 1.06 $400.00 $24.00
CAXAMBAS - PARKING COLLECTED ON BEHALF OF COUNTY:161 $1,610.00 $161.00 $1,449.00 1.06 $1,366.98 $82.02
$3,480.00 $401.00 $3,079.00 $2,904.72 $174.28
SUBTOTALS - CAX PARKING AND LAUNCH FEES - CC $3,079.00
CAX TOTAL DUE TO CC $3,079.00
CAXAMBAS PARK SUMMARY - FEBRUARY 2025 (Revenue Waived per 60 day grace period)
Page 1858 of 6355