#24-8245 (Day-Star Unlimited Inc. d/b/a Cabana Dan's) REVENUE GENERATING AGREEMENT
(CONCESSIONAIRE)
#24-8245
for
"Mobile Concessionaire Services for Vanderbilt Beach"
THIS AGREEMENT, made and entered into on this 1.3-r`\ day of 'ACn 20 L 5 ,
by and between Day-Star Unlimited Inc. d/b/a Cabana Dan's ) , authorized to
do business in the State of Florida, whose business address is 22 Vanderbilt Beach Rd, Naples, FL
34108 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the
"County"):
WITNESS ETH:
1. AGREEMENT TERM. The Agreement shall be for a two ( 2 ) year period, commencing
® upon the date of Board approval; or n on and terminating two ( 2 )
year(s) from that date.
The County may, at its discretion and with the consent of the Contractor, renew the Agreement
under all of the terms and conditions contained in this Agreement for three ( 3 ) additional
one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the
County's intention to renew the Agreement term prior to the end of the Agreement term then in
effect.
The County Manager, or his designee, may, at his discretion, extend the Agreement under all of
the terms and conditions contained in this Agreement for up to one hundred and eighty (180)
days. The County Manager, or his designee, shall give the Contractor written notice of the
County's intention to extend the Agreement term prior to the end of the Agreement term then in
effect.
2. COMMENCEMENT OF SERVICES. The Contractor shall be open for business to the public no
later than thirty (30) days after the date of this Agreement as evidenced by a Notice to Proceed.
3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and
conditions of Request for Proposal ( RFP ) # 24-8245 , including all Attachment(s),
Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part
of this Agreement. The Contractor shall also provide services in accordance with Exhibit A —
Scope of Services attached hereto. It is not permissible for other County divisions or
governmental entities to utilize the Agreement.
3.1 This Agreement contains the entire understanding between the parties and any modifications to this
Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's
Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are
authorized.
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4. THE AGREEMENT SUM. The Contractor shall pay the County for the performance of this
Agreement based on Exhibit B- Fee Schedule, attached hereto.
5. DEFAULT IN PAYMENT. If the payment of consideration and accumulated daily penalties are
not received within thirty (30) days after the normal monthly due date, then the County may
take possession and ownership of the Contractor's assets on County property, without further
recourse and may terminate this Agreement. A monthly report as identified in Section 5 shall
also be submitted to the Director of Parks and Recreation or Designee, by the fifteenth (15th)
of each month. This report shall accompany the monthly Statement of Gross Receipts and
shall be subject to audit. Contractor's failure to remit any such payment or produce the reports
shall be considered a material breach of the Agreement.
6. MONTHLY REPORTING REQUIREMENTS. The Contractor will be required to submit a
written monthly report, as identified in Exhibit A— Scope of Services, by the fifteenth (15th) day
of the following preceding month that contains the following.
A monthly report of gross receipts, the payments computed on that amount, and any
other taxes and fees due must be submitted to the County through the Director of
Parks and Recreation, to be received by the fifteenth (15th) of each month. In the
event the Concessionaire fails to pay this consideration or submit their monthly report
within five (5) days of such due date, there shall be a late charge of fifty dollars
($50.00) per day. If the payment of consideration and accumulated daily penalties
are not received within thirty (30) days after the normal monthly due date, then the
County may take possession and ownership of the Concessionaire's assets on
County property, without further recourse and may cancel this Agreement. The
County has no duty to notify the Concessionaire 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 report will be approved by the Director of
Parks and Recreation, or Designee and, at minimum, shall include hours of operation,
daily attendance figures, weather conditions.The Contractor shall provide the County
a copy of its State Sales and Use Tax Report, as prescribed by the State of Florida
Revenue
http://dor.mvflorida.com/dor/taxes/sales tax.html#tab1.
7. FINANCIAL REVIEW. RECORDS. AUDIT. The Contractor shall provide, at its expense, an
annual independent review of the Contractor's financial records. The purpose of this review is
to substantiate that the County has been compensated in accordance with this Agreement.
The Contractor shall establish and maintain such records as now exist and may hereafter be
prescribed by the County in the future to provide evidence that all terms of this Agreement have
been and are being observed. The Contractor grants to the County, or any duly authorized
agents or representatives of 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
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Revenue Generating Agreement(revised 10.05.2023)
0,O
at no cost to the County.
8. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the Work.
Collier County, Florida as a political subdivision of the State of Florida, is exempt from the
payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of
Exemption # 85-8015966531C.
9. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed
or emailed to the Contractor at the following:
Company Name: Day-Star Unlimited, Inc. d/b/a Cabana Dan's
Address: 675 96th Avenue N
Naples, FL 34108
Authorized Agent: Daniel Byers
Attention Name & Title: President
Telephone: (239) 777-4040
Email(s): dancabanadans.com
cr
All Notices from the Contractor to the County shall be deemed duly served if mailed or
emailed to the County to:
Board of County Commissioners for Collier County, Florida
Division Name: Parks and Recreation
Division Director: James Hanrahan
Address: 15000 Livingston Road
Naples, FL 34109
Contract Administrator: Viviana Giarimoustas
Telephone: (239) 252-4915
Email(s): Viviana.Giarimoustas(�colliercountyfl.gov
The Contractor and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in writing.
10. NOT A LEASE. No part, parcel, building, structure, equipment or space is leased to the
Contractor. The Contractor is not a lessee. The Contractor's right to operate the concession
shall continue only so long as the concession operation complies with the undertakings,
provisions, agreements, stipulations and conditions of this Agreement.
11. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent
of the County.
12. FACILITIES. The Contractor shall maintain sanitary, neat and safe facilities and orderly
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operations at all times to ensure a maximum value to guests. The Contractor acknowledges it
is assuming responsibility for managing the Concession Operations Areas in its current "as is"
condition and in good order.
13. MAINTENANCE AND REPAIRS. The concessionaire shall to the satisfaction of the Director
of CCRPD or authorized representative provide normal and routine daily, monthly, yearly
maintenance of the facilities, designed to keep the premises and equipment in a good state of
repair, free from hazardous conditions and deterioration, thus providing for the comfort and
safety of visitors and patrons. Maintenance is to include but is not limited to bi-annual hood
system cleaning, power-washing of the deck where concession operation is based, cleaning
of tables, chairs and trash facilities in the concession area, and the cleaning and maintenance
of grease traps if grease traps are a part of this operation. Any improvements to an existing
structure must be approved in writing by the CCRPD Director or designee. All structures and
improvements shall become the property of Collier County at the end of the resultant
Agreement. Any alterations made for the benefit of the concessionaire shall be paid for by the
concessionaire.
14. TRASH. RUBBISH AND GARBAGE REMOVAL. The County will provide all garbage, trash
and rubbish receptacles within the confines of the area. The concessionaire shall be
responsible for the pickup and removal of all rubbish, trash and garbage including removal of
trash from the concession area to the dumpster. The concessionaire agrees to perform daily
removal of litter in the immediate exterior area within fifty (50) feet of the concession.
15. POINT OF SALE EQUIPMENT: The concessionaire must use point-of-sale (POS) electronic
cash machines or other electronic accounting control equipment for the proper control of cash
payments. Point of Sale reports must be maintained and made available upon demand during
the entire term of the resultant Agreement with Collier County. All electronic cash equipment
and accounting procedures must be approved by the Collier County Finance Department. All
sales must be accompanied by a receipt to the customer.
16. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary
for the prosecution of the Work shall be obtained by the Contractor. The County will not be
obligated to pay for any permits obtained by Subcontractors.
Payment for all such permits issued by the County shall be processed internally by the County. All non-
County permits necessary for the prosecution of the Work shall be procured and paid for by the
Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on
the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier
County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor
agrees to comply with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
17. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in
any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or
for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or
regulation, or of any governmental rule or regulation now in effect or hereafter enacted or
adopted. In the event of such violation by the Contractor or if the County or its authorized
representative shall deem any conduct on the part of the Contractor to be objectionable or
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Revenue Generating Agreement(revised 10.05.2023)
improper, the County shall have the right to suspend the Agreement of the Contractor. Should
the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the
County within twenty-four (24) hours after receiving notice of such violation, conduct, or
practice, such suspension to continue until the violation is cured. The Contractor further agrees
not to commence operation during the suspension period until the violation has been corrected
to the satisfaction of the County.
18. FORCE MAJEURE. If closure of the facilities or loss of equipment, of either or all facilities, is
due to unforeseeable causes beyond the control of Contractor, and not due to its own fault or
neglect, including but not restricted to, acts of nature or of public enemy, acts of government
or of the County, fires, floods, hurricanes, civil disorder, epidemics, quarantine regulations,
strikes or lock-outs, etc., the County will allow pro rata adjustment of monthly payments up to
the time such damage is repaired and/or the loss of time related to the closure of the facilities.
The County must be made aware of the time of closure within forty-eight (48) hours up to the
time the damage is repaired or other circumstances return to normal.
19. CONTRACTOR NOT TO REMOVE PROPERTY. Contractor shall not remove from the
Concession Operations Areas any personal property brought thereon or any replacements
thereto by the Contractor for the purpose of this Agreement, except such items as may be
removed with the express written permission of the Director of Parks and Recreation, or
Designee. Upon expiration of the term specified in Section 1, if the Contractor has made full
payment under this Agreement and has fully complied with the terms of this Agreement,
Contractor may remove personal property from the County facilities and shall do so within
fifteen (15) days following the expiration of this Agreement, provided such personal property
must be removed without damage to the premises. On Contractor's failure to do so, the County
may cause same to be removed and stored at the cost and expense of the Contractor, and the
County shall have a continuing lien thereon in the amount of the cost and expense of such
removal and storage until paid, and County may sell such personal property and reimburse
itself for such costs and expense, plus all expenses of the sale.
20. COOPERATION. The Contractor agrees to cooperate with the County in the conduct of
surveys and to provide reports of visitor usage of all concession services, as requested by the
Director of Parks and Recreation or Designee. The County shall provide Contractor with
advance notice of any special event and shall coordinate with the Contractor regarding same.
County shall provide Contractor with notice of the availability of plans for any remodeling of the
facilities.
21. INSPECTION. The County reserves the right to conduct unscheduled inspections at any time
by an authorized representative of the Director of Parks and Recreation, or by any other agency
having responsibility for inspections of such operations. Contractor shall undertake
immediately the correction of any deficiency as cited by such inspectors; failure to comply shall
be considered a material breach of the Agreement.
22. WAIVER OF INTERFERENCE. The Contractor hereby waives all claims for compensation for
loss or damage sustained by reason of any interference with the concession operation by any
public agency or official in enforcing their duties or any laws or ordinances. Any such
interference shall not relieve the Contractor from any obligation hereunder.
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23. WAIVER OF LOSS FROM HAZARD. The Contractor hereby expressly waives all rights, claims,
and demands and forever releases and discharges the County from all demands, claims, actions
and causes of action arising from this Agreement, except intentional torts.
24. NO LIENS. Contractor will not suffer or, through its actions or by anyone under its control or
supervision, cause to be filed upon the property any lien or encumbrance of any kind. In the
event any lien is filed, Contractor shall cause such lien to be discharged within ten (10) days
after written notice to do so from the County.
25. ORDERLY OPERATIONS, ETC. The Contractor shall have a neat and orderly operation at all
times and shall be solely responsible for necessary housekeeping services to properly maintain
the premises. There shall be no living quarters, nor shall anyone be permitted to live on the
premises.
26. EMPLOYEES; MANAGER. The Contractor shall employ people to work at this facility who are
neat, clean, well-groomed and courteous. All employees shall observe all the graces of personal
grooming. Subject to the American with Disabilities Act, Contractor shall supply competent
employees, who are physically capable of performing their employment duties and the County
may require the Contractor to remove an employee it deems careless, incompetent,
insubordinate or otherwise objectionable and whose continued employment on Collier County
property is not in the best interest of the County. All Contractor employees shall wear shirts and
shorts with the Contractor's logo or other identifying marking. The Contractor shall have an
experienced manager overseeing the concession operations at all times when open for
business. When the manager is absent, the operation shall be directed by an assistant manager,
experienced and trained in Concession operations and at least twenty-one (21) years of age. All
managers will be Food Safe Compliant with all State of Florida and Collier County "Serve Safe"
requirements and licenses. There shall be an after-hours contact person available by telephone
and the contact phone number shall be provided to the Director of Parks and Recreation, or
Designee.
Background checks must be conducted on all employees prior to performing services at the
concessions which is to be conducted by the County's Facilities Management staff at the
expense of the Contractor. The Contractor must have a drug and alcohol policy consistent with
County Policies (CMA 5312).
27. HOURS OF OPERATION. During the term of this Agreement concession will be adequately
staffed on days and times identified in Exhibit A of this Agreement and as approved by the Parks
and Recreation Director or designee. Days and hours will be posted and any changes from
posted hours will be communicated within seven (7) days of the change. The operation should
continue throughout the year including applicable holidays.
The Contractor may open additional days, subject to prior written approval of the Director of
Parks and Recreation or Designee. All hours and days of operation shall be conspicuously
posted and easily read by park visitors. Any changes from posted hours and days will be
communicated within seven (7) days of the change.
The Contractor shall be responsible to the Director of Parks and Recreation Division for the
satisfactory and courteous operation of the programs and concessions.
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28. NO DISCRIMINATION. There shall be no discrimination as to race, gender, color, creed or
national origin in the operations referred to by this Concession Agreement; and further, there
shall be no discrimination regarding any use, service, maintenance, or operation of the premises.
All facilities located on the premises shall be made available to the public, subject to the right of
the Contractor to establish and enforce rules and regulations to provide for the safety, orderly
operation and security of the facilities.
29. 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.
30. COUNTY CONTROL COUNTY PARK CONCESSION. Nothing in this Agreement will preclude
the County from using the public areas of the County facilities for public and/or civic purposes.
In the event of occurrences previously mentioned, the Contractor will be notified, as deemed
necessary by the Director of Parks and Recreation or Designee.
31. FLORIDA LAW. This Agreement shall be governed by and construed in accordance with the
Laws of the State of Florida.
32. 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.
33. STORAGE. Contractor shall obtain approval for any storage of equipment in County facilities
from the appropriate permitting agencies. No overnight storage of any kind shall take place on
the premises unless approved in writing by the Director of Parks and Recreation or Designee
and is contingent upon approval of the appropriate permitting agency. Equipment (i.e., chairs,
umbrellas, paddleboards) stored on the beach must be removed from the beach, consolidated,
and secured along the edge of the dune line before 9:30 p.m. daily. During sea turtle nesting
season (May 1 - October 31). The storage of equipment on the beach must comply with sea
turtle protection as outlined in Collier County LDC 9.04.06.H.3.
34. 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.
35. 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.
36. 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
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activation within the Contractor's work area, and the reporting of those activations to the County
is the responsibility of the Contractor.
In the event of any emergencies, safety or security accident or incident to employees, visitors,
and/or property the Contractor must communicate to the Director of Parks and Recreation, or
Designee, immediately followed by a written incident report. The Contractor is to have a written
safety and security plan for the Concession Operations Areas. The Contractor will cooperate
with all jurisdictional law enforcement agencies and personnel.
37. SIGNAGE. The Contractor shall provide, at his sole expense, required signs at all public
approaches to the Concession. All signage, advertising and posting shall be as approved by
the Director of the Parks and Recreation Division or Designee. Signs that will be used for
advertising purposes shall be constructed and maintained to County standards as defined by
the Code Compliance Department. The use of the Collier County Logo is prohibited.
38. CONCESSION PRICES. All prices must be displayed and visible by the Concessionaire's
customers. All such prices and fees must be approved in writing by the Director of Parks and
Recreation or Designee. The Concessionaire may request in writing to sell additional products
or provide additional related services at any time during the term of the Agreement. The County
reserves the right to accept, or reject, those additional products or services at its sole discretion.
The Concessionaire shall sell only those items approved in writing by the County.
39. TERMINATION. Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County as per this Agreement, the County may terminate said
Agreement for cause; further the County may terminate this Agreement for convenience with a
thirty (30) day written notice. The County shall be the sole judge of non-performance.
In the event that the County terminates this Agreement, Contractor's recovery against the
County shall be limited to that portion of the Agreement Amount earned through the date of
termination. The Contractor shall not be entitled to any other or further recovery against the
County, including, but not limited to, any damages or any anticipated profit on portions of the
services not performed.
40. NO DISCRIMINATION.The Contractor agrees that there shall be no discrimination as to race, sex, color,
creed or national origin.
41. INSURANCE. The Contractor shall provide insurance as follows:
A. 0 Commercial General Liability: Coverage shall have minimum limits of$ 1,000,000.00
Per Occurrence, $ 2,000,000.00 aggregate for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent Contractors; Products and
Completed Operations and Contractual Liability.
0. L Bubi1Iiss &utu-h4,ility: Coverage shall have minimum limitb of $
Per OUuu►rerrce, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This
C. ❑■ Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
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compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of$ 100,000.00 for each
accident.
D. ❑■ Crime/Employee Dishonesty : Coverage shall have a minimum limit of $50,000.00
per claim.
Special Requirements: Collier County Board of County Commissioners, OR, Board of County
Commissioners in Collier County, OR, Collier County Government shall be listed as the
Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for
Commercial General Liability where required. This insurance shall be primary and non-
contributory with respect to any other insurance maintained by, or available for the benefit of,the
Additional Insured and the Contractor's policy shall be endorsed accordingly.
Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Contractor during the duration of this Agreement. The Contractor shall provide County with
certificates of insurance meeting the required insurance provisions. Renewal certificates shall
be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under
the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior
written notice, or in accordance with policy provisions. Contractor shall also notify County, in a
like manner,within twenty-four(24) hours after receipt, of any notices of expiration, cancellation,
non- renewal or material change in coverage or limits received by Contractor from its insurer,
and nothing contained herein shall relieve Contractor of this requirement to provide notice.
Contractor shall ensure that all subcontractors comply with the same insurance requirements
that the Contractor is required to meet.
42. JNDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend,
indemnify and hold harmless Collier County, its officers and employees from any and all liabilities,
damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals'fees,
whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory
violations, or from personal injury, property damage, direct or consequential damages, or economic loss,
to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor
or anyone employed or utilized by the Contractor in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies
which otherwise may be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier County.
43.1 The duty to defend under this Article 13 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor,
County and any indemnified party. The duty to defend arises immediately upon presentation of
a claim by any party and written notice of such claim being provided to Contractor. Contractor's
obligation to indemnify and defend under this Article 13 will survive the expiration or earlier
termination of this Agreement until it is determined by final judgment that an action against the
County or an indemnified party for the matter indemnified hereunder is fully and finally barred
by the applicable statute of limitations.
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43. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by Parks and Recreation Division
44. 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.
45. APPLICABILITY. Only the sections corresponding to any checked box ( ■) will apply to this
Agreement.
46. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following
component parts, all of which are as fully part of the Agreement as if herein set out verbatim:
Contractor's Proposal, Insurance Certificates, Exhibit A Scope of Services, Exhibit B Fee
Schedule, n Request for Proposal (RFP), n Invitation to Bid (ITB) including Exhibits,
Attachments and Addenda/Addendum and Other:
47. 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.
48. 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:
IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT. THE CONTRACTOR HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES,
IT SHOULD CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8999
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Email: PublicRecordRequest(c colliercountvfl.gov
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in
this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Contractor
does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required
by the public agency to perform the service. If the Contractor transfers all public
records to the public agency upon completion of the contract, the Contractor shall
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If the Contractor keeps and maintains public
records upon completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be provided to
the public agency, upon request from the public agency's custodian of public records, in a
format that is compatible with the information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly
notify the County in writing. Failure by the Contractor to comply with the laws referenced herein
shall constitute a breach of this Agreement and the County shall have the discretion to
unilaterally terminate this Agreement immediately.
49. 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.
50. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
Agreement in compliance with the Procurement Ordinance, as amended, and Procurement
Procedures.
51. 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.
Page 11 of 16
Revenue Generating Agreement(revised 10.05.2023)
52. VENUE. Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
53. 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.
54. 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.
55. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or
any part herein, without the County's consent, shall be void. If Contractor does, with approval,
assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to
assume toward Contractor all of the obligations and responsibilities that Contractor has assumed
toward the County.
56. 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.
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.
Page 12 of 16
Revenue Generating Agreement(revised 10.05.2023)
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
Crystal K. Kinzel, CI- of Courts &
Comptroller ., 'id -.
By: �.' ii,
_ � � By: 4€4„..*:".."41441.04--
Dated: . /Y f O�, Burt L. Saunders, Chairman
(`. (Seal) a
Attes 'as btchairman's
signature only
Contractor's Witnesses: Contractor: day-Star Unlimited Inc. d/b/a
Cabana Dar 's
By: .. /
t Witness `; i6 ture
-.P._, i Ck qtA.0.
rint Name and Title U Print N e and Title
._7 (
Second Witness
` r2 /7"(2..,"So.u c i --15C" (C.9
Print Name and Title
A ro ed�a1s to rm nd Legality:
Tjrp County Attorney
Seott R, /ack
Page 13 of 16
Revenue Generating Agreement(revised 10.05.2023)
Exhibit A
SCOPE OF SERVICES
❑■ following this page (pages 1 through 3 )
Page 14 of 16
Revenue Generating Agreement(revised 10.05.2023)
Request for Proposal (RFP) 24-8245
"Mobile Concessionaire Services for Vanderbilt Beach"
Exhibit A
Scope of Services
Day-Star Unlimited Inc.dba Cabana Dan's("Concessionaire")shall provide services included but are not limited to sale of food and
beverages, rental of beach umbrellas, tubes, paddleboards, non-motorized watercrafts, cabanas, beach chairs, any beach-related
items, caps, shirts, and any other similar service that the Concessionaires wishes to propose. The Concessionaire has exclusive
rights for food and beverage service at this location in this area only.
The Concessionaire shall not conduct any other business on County property without the specific written authority. Collier County
Parks and Recreation Division ("CCPRD") Director or Assistant Division Director must approve the quality and type of products
sold, prices charged for items, business operations, hours, marketing, and any other factor affecting the public interest before
the concessions begin operation.
The Concessionaire is limited to an 8 by 8-foot space, pursuant to Resolution No. 98-16. In the event of an emergency or
as requested by County staff,the concession must be road ready with wheels so that it can be transported.
1. Operations and Responsibilities
The Concessionaire's hours of operation during the seasonal months of November 1st to April 30th shall be 8:0 0 a m
to sunset, and the concession area shall be open seven (7) days per week including holidays. All hours of service shall be
posted and easily read by park visitors.
A detailed description of the operation and design concept is clearly stated in the Concessionaire's proposal, which is
incorporated herein by reference, and includes, but is not limited to the following:
• List of food and drink items.
• Rental services with pricing to be offered to the public.
• Any use and/or special themes or amenities to be offered to enhance the patrons
experience.
• Advertising and marketing strategy.
• Proposed staffing levels.
Not Permitted
• Alcoholic beverages
• Straws
• Any type of motorized vessel
• Vehicles on the beach
Any changes in hours of operation or other items including but not limited to the items above must be approved by
the Director of the Parks and Recreation or Assistant Division Director. Items should be priced fairly and in accordance
with market conditions. Prices are subject to approval by the Director of Parks and Recreation or Assistant Division
Director.
2. Equipment
All equipment required to operate the beach concession is at the Concessionaire's own expense. Non-motorized watercrafts such
as kayaks, paddle boards, or pedal boats rented require a chase boat to be always present and operational.
3. Staffing
The Concessionaire shall have experienced staff and shall employ people to work at this facility who are professional, neat,
clean, courteous and wear a company uniform.
Background checks are to be conducted on all employees prior to start date. It is the responsibility of the Concessionaire to ensure
a background check has been done. These services must go through the Collier County Facilities Management Division.
The Concessionaire is to provide the County with a current listing of employees with confirmation that badges have been issued.
4. Zoning and Permitting Requirements
1
Parks and Recreation, in conjunction with the County Zoning Division, has determined that the zoning at Vanderbilt Beach
does not need to be changed to accommodate the Concessionaire. The Concessionaire is responsible for any future costs and
submittals, for any zone or permit requirements including but limited to a vehicle on the beach permit. The Concessionaire will
comply with State Law and Local Ordinances governing beach activities and concessionaire operations where applicable.
5. Point of Sale(POS)Equipment
The Concessionaire must use a POS electronic machines or other electronic accounting control equipment for the proper control
of all payments. The POS system must be approved by the Parks and Recreation Director or designee before
commencement of services. Point of Sale reports must be maintained and made available upon demand during the entire term
of the Agreement with Collier County. All sales must be accompanied by a receipt to the customer. All electronic cash
equipment and accounting procedures must be approved in writing by Collier County.
6. Licenses and Certifications
Concessionaire shall have experience in providing these services and shall maintain all required licenses and/or certifications to
conduct business throughout the term of the agreement to include but not limited to the following:
• State of Florida Department of Business and Professional Regulation Food Service
License
• State of Florida Department Division of Corporations Registration
• Resale Certification
• Safe Serve certified(certification form needs to be provided for all employees)
• Collier County Business Tax Receipt
The Concessionaire agrees to follow best practices to operate retail food stores and associated pick-up and delivery services as
directed by the FDA, CDC, EPA and OSHA.
7. Advertising and Signs
The Concessionaire shall provide, at their sole expense, all advertisements related to their services. All signage, advertising
and posting must be approved prior to being displayed by the Director of Parks and Recreation or Assistant Division
Director. Unapproved signs will be removed by Parks and Recreation staff.
8. Commission to the County
Concessionaire shall pay the County a commission percentage of monthly gross sales receipts as set forth in the attached Exhibit
B, Fee Schedule. Said commission is due to the County by the fifteenth (15th) day of each month for the preceding month and
said payment shall be accompanied by a statement of gross receipts for the preceding month. It is also understood that the
applicable Florida State Sales Use Tax on rental payments shall be added to the Concessionaire's rental payment and
forwarded to the County as part of said payments. It is the intent of the County that it is to receive the rental amount as net, free
and clear of all costs and charges.
9. Default in Payment
Commission is due to the County by the fifteenth (15th) day of each month for the preceding month and said payment shall
be accompanied by a statement of gross receipts for the previous month. If not paid by the end of the fifteenth, a late charge of$50
per day will be added to the balance due beginning on the sixteenth. The per day late fee will continue to accrue regardless of
partial payment. The second late charge may result in restriction of use and/or termination of agreement. The Concessionaire shall
also pay all sales, consumer, use and other taxes.
10. Reports
Along with the monthly payment, a report from an approved Point of Sale(POS)System shall be provided and is to be submitted to
designated Parks and Recreation staff member. This report must be approved by the Director of Parks and Recreation or
designee.The following shall be included:
• Weather conditions
• Monthly gross sales by category with totals sent in Microsoft Excel
format
• Tax dollars for the gross sales
• Sales dollars less tax
• POS Report to include closing total report
2
• Safety incidents
The Concessionaire will make available all financial statements, point of sale reports or any other documentation deemed
necessary to authorized representatives of Collier County in the event of an audit.
11. Security
The Concessionaire shall provide any security measures which may be required to protect their area and equipment, materials,
and facilities. In the event of any incident to employees, visitors, and/or property a notification must be provided to the
Director of Parks and Recreation, or designee immediately followed by a written incident report.
12. Commencement of Operation
The anticipated date for the commencement of business operations shall be October 6, 2024. A thirty-day grace period or less
on revenue collection will be provided from start date of fully executed agreement. Revenue collection will commence upon
issuance of required licenses and opening day of location.
13. Sea Turtle Season
During sea turtle nesting season (May 1 -October 31)equipment must not be moved onto the beach before the completion of
daily sea turtle monitoring by Collier County staff. The storage of equipment on the beach must comply with sea turtle
protection as outlined in Collier County Land Development Code 9.04.06.H.3.
14. Safety
A minimum of a first aid kit must be present and shall be at the expense of the Concessionaire.
15. Storm Warning
In the event of inclement weather, the Concessionaire shall coordinate hours of operation with the Director of Parks and
Recreation or designee. Upon declaration of a disaster, the Concessionaire shall secure the facility and assets.
16. Trash, Rubbish, and Garbage Removal
Concessionaire shall be responsible for the pickup and removal of all rubbish, trash, and garbage including removal of trash
from the concession area to the dumpster. The Concessionaire agrees to perform daily removal of litter in the immediate
exterior area within fifty(50)feet of the concessions.
3
Exhibit B
Fee Schedule
Jul following this page (pages 1 through 1 )
Page 15 of 16
Revenue Generating Agreement(revised 10.05.2023)
G'',O
24-8245 Mobile Concessionaire Services for Vanderbilt Beach
Exhibit B
Fee Schedule
The County is seeking a commission percentage of gross sales. Remittance to the
County shall be a percentage of the monthly gross receipts stated below but not less
than a minimum monthly guaranteed amount of one thousand two hundred dollars
($1,200.00), whichever is greater.
Percentage 20 %
Other Exhibit/Attachment
Description:
❑ following this page (pages through )
❑■ this exhibit is not applicable
Page 16 of 16
Revenue Generating Agreement(revised 10.05.2023)
AFFIDAVIT REGARDING LABOR AND SERVICES
Effective July 1, 2024, pursuant to § 787.06(13), Florida Statutes, when a contract is executed, renewed, or extended
between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the
governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under
penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services.
Nongovernmental Entity's Name: Ogg — ,5iciv- (.21.1 i hi i f'Cr) CQ be vicc TQ"1,S
Address: ' 67 S' c16"4 k A-u-e. N /0, 11es, FL- 3•--tIO6
Phone Number: 2-)c7-- —1 7 7 -y o yC
Authorized Representative's Name: G1V,,`e j (2) P 5_
Authorized Representative's Title: C7W �� T �
Email Address: v., 0Cc:,bci -iQ-6Q I,S . c o v
,� AFFIDAVIT
I, _ -C���C 3 )/f'✓ 5 (Name of Authorized Representative), as authorized representative attest
that Y`5-tt:r U i,-.1:v,,-1-e(: (Name of Nongovernmental Entity) does not use coercion for labor or
services/as-defined in §787.06, Florida Statutes.
Un r pen Ity o Adeclare that I have read the foregoing Affidavit and that the facts stated in it are true.
J ,, - 5 p/2,5-
(Sig" re of au rized representative) Date
STATE OF tia1-fCf4'
COUNTY OF C6' 7/.et--
Sworn to (or affirmed) and subscribed before me, by means of Cy' ssical presence or O online notarization this
day of mar , 20J by Da4,c/ I j: J (Name of Affiant),who produced his Florida Driver's License
as identii_ficca�ationn..
il &Z 1�- - - - - - - - -
( :' r'v KEITH ROLAND CHRISTENSEN
NotaryPublic il
c� ,
:• `;'. Notary Publk•State of Florida `
G ? ( / Commission.;HH 623771
/17G r 2 /i 202 , of r� My Comm.Expires Mar 29,2029 P
Bonded through National Notary Assn. I
Commission Expires `- /
Personally Known O OR Produced Identification er
Type of Identification Produced: F2 .,/''.vc i % L r �.
0