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Agenda 07/08/2025 Item #16A10 (To provide high-quality food services to residents and visitors to North Collier Regional Park)7/8/2025 Item # 16.A.10 ID# 2025-1992 Executive Summary Recommendation to approve a Revenue Generating Agreement with Texas Tony’s BBQ Shack Inc., for “North Collier Regional Park Food Services” related to Invitation to Negotiate No. 25-8360. OBJECTIVE: To provide high-quality food services to residents and visitors to North Collier Regional Park. CONSIDERATIONS: North Collier Regional Park (the “Park”) is a 207.70-acre facility that hosts over 180,000 visitors each year. The Park’s amenities include: 8 tournament soccer fields, 5 tournament softball fields, the Sun-N-Fun Lagoon Water Park, the RecPlex Fitness Center, Calusa fossil dig play area for children, an interactive playground, and an Exhibit Hall. The Park is a prime location for adults and children to gather and enjoy beautiful Southwest Florida. The Park is generally open Monday through Sunday from 6 a.m. to 10 p.m. and it has been without a food vendor since 2021. On February 3, 2025, the Procurement Services Division released Invitation to Negotiate (“ITN”) # 25-8360 for “North Collier Regional Park Food Services.” The County received one bid by the March 6, 2025, deadline, as follows: Respondents: Company Name City County State Final Ranking Responsive/Responsible Texas Tony's BBQ Shack Inc Naples Collier FL 1 Yes/Yes A selection committee met on April 2, 2025, and reviewed the proposal received from Texas Tony’s BBQ Shack, Inc. (“Texas Tony’s”) against the primary evaluation criteria included in the ITN. After reviewing the proposal and deliberating, the committee scored, ranked and selected Texas Tony’s to be recommended for award of the ITN. Texas Tony’s is part of the Phalen Family Brands, a local, family-owned company that operates several distinct restaurant brands including Texas Tony’s, Pinchers, Deep Lagoon Seafood, Phuzzy’s Bait Shack, Two Fillets, CJ’s on the Bay, The Bay House, Keewaydin’s, Chop’s City Grill, Pazzo, and Hogfish Harry’s. Texas Tony’s aims to provide high quality food concession options throughout all of North Collier Regional Park, including at the Sun n’ Fun Water Park, the Soccer Field Complex, the Softball Field Complex, and the Exhibit Hall. Menu offerings include breakfast, lunch, dinner, snacks, and frozen treats. Texas Tony’s proposal stated, in part: “With over 27 years in the restaurant, catering and event business, Phalen Family Brands has established ourselves as a local, family-owned company who continuously delivers the best food and hospitality offerings in Southwest Florida. The philosophy of our company in tandem with our team members has remained constant; provide the best food with the best service in the best locations we can find every opportunity we can. This has led our company to expand to now include 27 restaurants with 1500 plus team members serving thousands of guests daily.” The attached proposed Agreement No. 25-8360 (the “Agreement”) provides for annual revenue of $25,719.00 based on the County providing Texas Tony’s a concession area of 1,714 square feet billed at a cost $15.00 per square foot. In the first year of the agreement Texas Toney’s shall pay 25% of the annual fee within 90 days of execution of the Agreement, with the balance payable no later than 365 days after execution of the Agreement. Subsequent years are paid in an annual lump sum amount on the anniversary dates of the execution of the contract. The Agreement provides for a three-year term, with two optional one-year renewal terms. Texas Tony’s initial bid of $30.00 per square foot was based solely on the 840-square-foot fully- equipped commercial kitchen and service area at the Sun ‘n Fun Water Park. Food prepared in this space will be distributed to the various locations throughout the park. That original proposal projected an annual revenue of $25,200.00. After further consideration, it was determined that all food concession space within the park should be included within the calculation, including areas with walk- Page 1654 of 4096 7/8/2025 Item # 16.A.10 ID# 2025-1992 up service windows that do not contain appliances, gas service, hoods, or cooktops. To account for the differences in the functionality of these spaces, the price per square foot was adjusted accordingly. This revision results in annual revenue of $25,719.00, an increase of $519.00 to the County. No other proposals were received for this ITN. This item is consistent with the Collier County Parks and Recreation strategic plan objectives to continue to develop public – private partnerships to provide diverse recreation amenities while demonstrating sound fiscal stewardship. FISCAL IMPACT: Texas Tony’s BBQ Shack, Inc. will pay the County a flat fee of $15 per square foot per year, based on the food preparation and concessions areas at the North Naples Regional Park (1,714.60 sq ft). All revenue from this agreement will post to Cost Center 156314 within the Parks and Recreation Division General Fund (0001) budget. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. —SRT RECOMMENDATIONS: To approve a Revenue Generating Agreement with Texas Tony’s BBQ Shack Inc. for “North Collier Regional Park Food Services” related to Invitation to Negotiate (ITN) No. 25-8360 and authorize the Chairman to sign the attached agreement. PREPARED BY: Cormac Giblin, Director Housing Policy & Economic Development ATTACHMENTS: 1. 25-8360 Texas Tony's BBQ VS 2. 25-8360 Final Ranking 3. 25-8360 NORA_Rev_Signed 4. 25-8360 Solicitation 5. 25-8360 Texas Tonys_Proposal 6. 25-8360 Texas Tonys COI (1) Page 1655 of 4096 Page 1656 of 4096 Page 1657 of 4096 Page 1658 of 4096 Page 1659 of 4096 Page 1660 of 4096 Page 1661 of 4096 Page 1662 of 4096 Page 1663 of 4096 Page 1664 of 4096 Page 1665 of 4096 Page 1666 of 4096 Page 1667 of 4096 Page 1668 of 4096 Page 1669 of 4096 Page 1670 of 4096 Page 1671 of 4096 Page 1672 of 4096 Page 1673 of 4096 Page 1674 of 4096 Page 1675 of 4096 Page 1676 of 4096 Page 1677 of 4096 Page 1678 of 4096 Selection Committee Scoring Tabulation/Final Rank ITN #: 25-8360 Title: North Collier Regional Park Food Services Name of Firm James Hanrahan Michael Stark Ahmed El Randi Swinderman Edmond Kushi Total Scores Preliminary Ranking Texas Tony's BBQ Shack Inc 92 82 95 81 90 440.00 1 Procurement Professional Barbara Lance Page 1 of 1 Page 1679 of 4096 Procurement Services Division Notice of Recommended Award Solicitation: 25-8360 Title: North Collier Regional Park Food Service Due Date and Time: March 6, 2025, at 3:00 pm EST Respondents: Company Name City County State Final Ranking Responsive/Responsible Texas Tony’s BBQ Shack Inc Naples Collier FL 1 Yes/Yes Utilized Local Vendor Preference: Yes No Recommended Vendor(s) For Award: On February 3, 2025, the Procurement Services Division released Invitation to Negotiate (“ITN”) 25-8360 for the “North Collier Regional Park Food Services” to two thousand seven hundred ninety-eight (2,798) vendors. Six hundred ninety-six (696) vendors viewed the solicitation, and one (1) proposal was received by the March 6, 2025, due date as noted above. Staff reviewed the proposal submitted and found it to be responsive and responsible with minor irregularities. The Selection Committee convened on April 2, 2025. After review of the proposal submitted and deliberation, the Committee scored the proposal and ranked the firm as shown above. The Committee determined oral presentations were not required. Staff is recommending negotiations with Texas Tony’s BBQ Shack Inc. Contract Driven Purchase Order Driven Required Signatures Project Manager: Procurement Strategist: Procurement Services Director: __________________________________ _________________ Sandra Srnka Date Docusign Envelope ID: FAE8B23A-1077-4D6A-9C26-CBD97B70B545 5/21/2025 5/21/2025 5/21/2025 Page 1680 of 4096 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION TO NEGOTIATE (ITN) FOR NORTH COLLIER REGIONAL PARK FOOD SERVICES SOLICITATION NO.: 25-8360 BARBARA LANCE, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8998 Barbara.Lance@colliercountyfl.gov (Email) This solicitation document is prepared in a Microsoft Word format (Rev 8/7/2017). Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. Page 1681 of 4096 2 SOLICITATION PUBLIC NOTICE INVITATION TO NEGOTIATE (ITN) NUMBER: 25-8360 PROJECT TITLE: NORTH COLLIER REGIONAL PARK FOOD SERVICES ITN OPENING DAY/DATE/TIME: MARCH 6, 2025, AT 3:00 PM EST PLACE OF ITN OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 All proposals shall be submitted online via the Collier County Procurement Services Division Online Bidding System: https://procurement.opengov.com INTRODUCTION As requested by the Parks and Recreation Division (hereinafter, the “Division”), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, “County”) has issued this Invitation to Negotiate (hereinafter, “ITN”) with the intent of obtaining proposals from interested and qualified vendors in accordance with the terms, conditions and specifications stated or attached. The vendor, at a minimum, must achieve the requirements of the Specificat ions or Scope of Work stated. Collier County is inviting interested and qualified food vendors to submit proposals to provide food services at the Collier County Sun N Fun Water Park and other concession facilities located at the North Collier Regional Park. This Invitation to Negotiate (ITN) seeks to identify experienced, reliable, and innovative vendors who can offer a variety of food and beverage options to meet the needs of our visitors, while adhering to the highest standards of food safety, quality, and customer service. BACKGROUND The County is interested in receiving proposals for an agreement for the County owned North Collier Regional Park’s (NCRP) Sun-N-Fun, Soccer and Softball field concessions. The Parks and Recreation D ivision is committed to providing quality services to the citizens of Collier County. The focus is to provide the public, both residents and visitors, with unique recreation exper iences. The County’s parks and recreation facilities contribute to the health of the community’s residents , enhance the integrity and quality of the natural environment and attract visitors to the community, thereby contributing to local tourism and economic developm ent. The North Collier Regional Park is located adjacent to the Children’s Museum at 15000 Livingston Road, Naples, FL 34119. The amenities include: • 8 tournament soccer fields • 5 tournament softball fields • Sun-N-Fun Lagoon Water Park • RecPlex Fitness Center • Calusa fossil dig play area for children • Interactive playground • Exhibit hall North Collier Regional Park is a prime location for adults and children to gather and enjoy beautiful Southwest Florida. The general park is open Monday through Sunday from 6 AM – 10 PM. TERM OF CONTRACT The contract term, if an award(s) is/are made is intended to be for three (3) years with two (2) one (1) year renewal options . Prices shall remain firm for the initial term of this contract. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Page 1682 of 4096 3 DETAILED SCOPE OF WORK The selected food vendor will be responsible for: 1. Providing a diverse menu of high-quality food and beverages for park visitors, with options suitable for a wide range of dietary preferences. 2. Operating and maintaining food service areas within the park during normal operating hours. 3. Ensuring compliance with all relevant health and safety regulations, including food handling and sanitation requirements. 4. Offering an efficient and customer-friendly service to enhance the visitor experience. 5. Managing inventory, staffing, and equipment necessary to operate food service areas. 1. Uses: The County shall provide the Vendor and their employees the use of Concession Operations Area (“COA”) facilities at North Collier Regional Park (“NCRP”) to provide food/beverage sales operations and related services. The County will require that the Vendor prioritize food and beverage services provided at the Sun -N-Fun water park concession (Shack). In addition, the Vendor is expected to start operations at least thirty -minutes prior to scheduled open time of the water park. The Concession operation tasks may include, but are not limited to: • Sale of retail food and beverages as approved by the Parks and Recreation Director. • Ensure that the foods, beverages offered are fresh; and up to date. • Cash management and deposit of monies. • Credit/debit card processing capabilities. • Maintenance of safe and clean areas for the production of foods and beverages to be sold to retail customers, and housekeeping of areas surrounding the sales operation. • Maintenance of current required licenses and permits. 2. Hours of Operation During the term of the agreement, the concession operation shall, at minimum, be open and properly staffed in accordance with the operation hours of Sun-N-Fun Lagoon. The Vendor may open additional days, subject to prior written approval of the Parks and Recreation Director or designee. All hours of operation shall be conspicuously posted and easily read by park visitors. 3. Special Events The Vendor does not have exclusive rights to the North Collier Regional Park but will have the option to provide concession services during special events (i.e. sports tournaments, festivals, charity walk, any non -sporting county run events and third- party rental events) identified by the Parks and Recreation’s Contracts Manager (“County’s Contract Manager”) and held at the NCRP throughout the year. The County’s Contracts Manager will provide Vendor an event list which is subject to change as events get cancelled or additional events become available. The Parks and Recreation Division will make an effort to produce the most updated schedule whenever a change occurs. If the Vendor cannot provide services during these events, the Vendor is required to provide a response time within seven (7) calendar days of being notified of the special events by the County. 4. Pricing and Sale Operations The Vendor agrees that prices and fees charged for the concession merchandise and services will be competitive with the local market. All prices must be displayed and visible by the Vendor’s customer. All such prices and fees must be approved in writing by the Director of Parks and Recreation or designee. The Vendor shall sell only those items approved in writing by th e County. The Vendor may request in writing to sell additional products or provide additional related services at any point during the contract. The County reserves the right to accept, or reject, those additional products or services at its sole discretion. Prior written approval of those additional products or services must be granted to the Vendor by the County’s Contracts Manager. The Vendor may sell any items permitted under Florida state law and with the proper licensing/tax permits for such sales and with written approval by the Director of the Parks and Recreation Division or designee. The Vendor shall use point-of-sale (“POS”) electronic cash machines or other electronic accounting control equipment for the proper control of all payments. All sales transaction must be accompanied by a receipt to the customer. Page 1683 of 4096 4 5. Employees; Managers The Vendor shall employ people to work the facility who are neat, clean, well -groomed and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent employees, who are physically capable of performing their employment duties and the County may require the Vendor 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 Vendor employees shall wear shirts with the Vendor’s logo or other identifying marking. The Vendor 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 Food and Beverage Concession operations and at least twenty-one (21) year 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 contract person available by telephone and the contact phone number shall be provided to the Director of Parks and Recreation, or designee. 6. No Improper Use The Vendor will not use, nor suffer or permit any person to use in any manner whatsoever, the concession facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county, or municipal ordinance , rule, order, or regulation, or any governmental rule or regulation now in effect or hereafter enacted or adopted. 7. Facilities and Property The Vendor shall maintain sanitary, neat and safe facilities and orderly operations at all times to ensure a maximum value to guests. Under the agreement, the Vendor acknowledges it is assuming responsibility for managing the Concessions Operating Areas in its current “as is” condition and in good order. There shall be no living quarter, nor shall anyone be permitted to live on the premises. Vendor shall not remove from the NCRP COA any personal property brought thereon or any replacements thereto by the Vendor 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. Collier County shall make available the use of the (“COA”) and equipment at Sun -N-Fun Water Park and other concession facilities located at NCRP in accordance with this ITN for a minimum of $15.00/squ are foot/year. 8. Not a Lease No part, parcel, building, structure, equipment or space is leased to the Vendor. The Vendor is not a lessee. The Vendor’s ri ght 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. 9. Supplies and Equipment The Vendor shall be responsible for the proper care and maintenance of all existing furniture, equipment, fixtures within the COA. The Vendor will be responsible for repair, maintenance and replacement of existing furniture, equipment and fixtures. Any equipment necessary for the sale of concessions, other than the existing equipment, must be furnished and maintained by the Vendor and shall remain property of the Vendor. Should the Vendor determine that the equipment is in non -working order, and its value is above one thousand dollars ($1,000); and the County’s Contracts Manager determines the equipment is non-functioning, the County’s Contract Manager shall determine if the County will purchase a new (and similar piece of equipment) at the County’s expense. Any replacements of equipment should be coordinated through Director of Parks and Recreation or designee. Replacement equipment with a value less than one-thousand dollars ($1,000) shall be the responsibility of the Vendor. Should the County’s Contract Manager determine that the cause of the damage was a direct result of the negligence by the Vendor; the County may invoice the Vendor for the replacement cost, or a portion of the replacement cost. 10. Utilities The County will provide utilities at each COA, including electricity, water, and sewer service at no expense to the Vendor. 11. Incident Reporting Requirements In the event of a safety or security accident or incident to employees, visitors, and/or property resulting direct operations of the concession, the Vendor must communicate to the Parks and Recreation Contract’s Manager immediately followed by a written incident report (forms will be provided to the awarded Vendor). 12. Trash, Rubbish, and Garbage: The County will provide all garbage, trash and rubbish receptacles within the confines of the concession operation areas, including a dumpster and enclosure. The Vendor 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 Vendor agrees to perform daily removal of Page 1684 of 4096 5 litter in the immediate exterior area within fifty (50) feet of the concession. The County shall be responsible for the remov al of all trash from the dumpster. The Vendor shall have a neat and orderly operation at all times and shall be solely responsible for necessary housekeeping on and around the COA. 13. Licenses, Permits and Certifications: Vendor shall maintain, as applicable, current licenses, permits and/or certifications to conduct business throughout the cont ract. • Food Manager Certification • State of Florida Department of Business and Professional Regulation Food Service License, Florida Department of Agriculture & Consumer Services, and/or Department of Health • Safe Serve certified (certification form needs to be provided for all employees) • Florida State Food Service License (per business) 14. Safety and Security The County will not assume any responsibility for COA security or alarms other than the security cameras at common areas and routine law enforcement patrols by Collier County Park Ranger patrols. Smoke, fire or fume activation within the Vendor’s work area, and the reporting of those activations to the County is the responsibility of the awarded Vendor. The Vendor will cooperate with all jurisdictional law enforcement agencies and personnel. 15. Prohibited Items The sale of items in glass containers is not permitted. The County has a recycle program in place and the Vendor will make every effort to comply with that program with respect to the disposal of containers. Any and all alcoholic beverages sale and tobacco products are not permitted. 16. Inspection The concession facilities and premises may be inspected at any time by an authorized representative of the Parks and Recreation Director or by any other agency having responsibility of inspection of such operations. Vendor shall undertake immediately the correction of any deficiency cited by such inspectors. 17. No Dangerous Materials. The Vendor shall not use or permit in the facilities the storage of illuminating oils, oil lamps, turpentine, benzine, naphth a, 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. 18. Storm Warning. Upon declaration of a hurricane projecting an imminent strike, or the implementation of evacuation procedures from Collier County, the Vendor 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. INVITATION TO NEGOTIATE (ITN) PROCESS 1.1 The Proposers will submit proposal which will be scored based on the criteria in Grading Criteria for Development of Shortlist, which will be the basis for short-listing the vendors. The Proposers will need to meet the minimum requirements outlined herein in order for their proposal to be evaluated and scored by the COUNTY. The COUNTY will then grade and rank to at least the top three short -listed vendors and enter into negotiations with the top ranked vendor or multiple vendors to establish cost for the services needed. The COUNTY reserves the right to issue an invitation for oral presentations to obtain additional information after grading and before th e final ranking. With successful negotiations, a contract will be developed with the selected firm, based on the negotiated price and/or scope of services and submitted for approval by the Board of County Commissioners. 1.2 The COUNTY will use a Selection Committee in the ITN selection process. 1.3 The intent of the scoring of the proposal is for respondents to indicate their interest, relevant experience, financial capability, staffing and organizational structure. 1.4 The intent of the oral presentations, if deemed necessary, is to provide the vendors with a venue where they can conduct discussions with the Selection Committee to clarify questions and concerns before providing a final rank. 1.5 Based upon a review of the proposals, the COUNTY will rank the Proposers based on the discussion and clarifying questions on their approach and related criteria, and then negotiate with one or more vendors as authorized in Section 11, Paragraph 7 of County Procurement Ordinance Number 2017-08. Page 1685 of 4096 6 1.6 The COUNTY reserves the right to negotiate any element of the proposals in the best interest of the COUNTY. INVITATION TO NEGOTIATE (ITN) PROCESS 1.1 The Proposers will submit proposal which will be scored based on the criteria in Grading Criteria for Development of Shortlist, which will be the basis for short-listing the vendors. The Proposers will need to meet the minimum requirements outlined herein in or der for their proposal to be evaluated and scored by the COUNTY. The COUNTY will then grade and rank to at least the top three short-listed vendors and enter into negotiations with the top ranked vendor or multiple vendors to establish cost for the services needed. The COUNTY reserves the right to issue an invitation for oral presentations to obtain additional information after grading and before the final ranking. With successful negotiations, a contract will be developed with the selected firm, based on the negotiated price and/or scope of services and submitted for approval by the Board of County Commissioners . 1.2 The COUNTY will use a Selection Committee in the ITN selection process. 1.3 The intent of the scoring of the proposal is for respondents to indicate their interest, relevant experience, financial capability, staffing and organizational structure. 1.4 The intent of the oral presentations, if deemed necessary, is to provide the vendors with a venue where they can conduct discussions with the Selection Committee to clarify questions and concerns before providing a final rank. 1.5 Based upon a review of the proposals, the COUNTY will rank the Proposers based on the discussion and clarifying questions on their approach and related criteria, and then negotiate with one or more vendors as authorized in Section 11, Paragraph 7 of County Procurement Ordinance Number 2017-08. 1.6 The COUNTY reserves the right to negotiate any element of the proposal s in the best interest of the COUNTY. GRADING CRITERIA FOR RANKING PROPOSALS: 1.7 For the development of a shortlist, this evaluation criterion will be utilized by the COUNTY’S Selection Committee to score each proposal. Proposers are encouraged to keep their submittals concise and to include a minimum of marketing materials. Proposals must address the following criteria: Evaluation Criteria Maximum Points 1. Cover Letter / Experience and Qualification of the Service Provider 30 Points 2. Certified Woman and/or Minority Business Enterprise 5 Points 3. Menu Variety & Quality, Operational Plan, Customer Service, Cost and Value 35 Points 4. Compliance with all relevant Local, State and Federal Regulations Regarding Food Safety and 20 Points Health Standards. 5. Local Vendor Preference 10 Points TOTAL POSSIBLE POINTS 100 Points Tie Breaker: In the event of a tie at final ranking, award shall be made to the proposer with the lower volume of work previously awarded. Volume of work shall be calculated based upon total dollars paid to the proposer in the twenty-four (24) months prior to the RFP submittal deadline. Payment information will be retrieved from the County’s financial system of record. The tie breaking procedure is only applied in the final ranking step of the selection process and is invoked by the Procurement Services Division Director or designee . In the event a tie still exists, selection will be determined based on random selection by the Procurement Services Director before at least three (3) witnesses. ----------------------------------------------------------------------------------------------------------------------------------------------- Each criterion and methodology for scoring is further described below. EVALUATION CRITERIA NO. 1: COVER LETTER/ AND QUALIFICATION OF THE SERVICE PROVIDER (30 Total Points Available) Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this ITN. Page 1686 of 4096 7 Proposer must include the following but not limited to: 1. Company profile, including experience in providing food services at similar facilities (e.g. water parks, recreational centers, or public venues). 2. Demonstrated success in food service operations and customer satisfaction. 3. Detailed plan for staffing, equipment, and operations. 4. Any additional materials demonstrating the vendor’s ability to meet the needs of our park visitors. 5. References from previous clients or projects of similar scope. The County requests that the vendor submits no fewer than three (3) and no more than ten (10) completed reference forms from clients (during the last 5 years) whose projects are of a similar nature to this solicitation as a part of their proposal. Provide information on the projects completed by the vendor that best represent projects of similar size, scope and complexity of this project using form provided in Form 5. Vendors may include two (2) additional pages for each project to illustrate aspects of the completed project that provides the information to assess the experience of the Proposer on relevant project work. EVALUATION CRITERIA NO. 2: CERTIFIED WOMAN AND/OR MINORITY BUSINESS ENTERPRISE (5 Total Points Available) Submit certification with the Florida Dep artment of Management Service, Office of Supplier Diversity as a Certified Woman and/or Minority Business Enterprise. EVALUATION CRITERIA NO. 3: MENU VARIETY & QUALITY, OPERATIONAL PLAN, CUSTOMER SERVICE, COST AND VALUE (35 Total Points Available) For these criteria, Proposer must include the following: 1. Menu Variety and Quality o Variety of food and beverage options, including options for different dietary needs (e.g., vegetarian, gluten - free, etc.). o Quality and appeal of the proposed menu items. o Pricing structure and value for customers. 2. Operational Plan o Detailed plan for daily operations, including staffing levels, food preparation and service process, and inventory management. o Compliance with health, safety, and sanitation standards. o Ability to meet operational demands during peak seasons and high visitor volumes. 3. Customer Service o Vendor’s approach to customer service and ensuring a positive experience for park visitors. o Handling of customer complaints or special requests. 4. Cost and Value o Overall cost effectiveness of the proposal. o Value offered relative to the pricing, including the ability to deliver quality food at competitive prices. o Collier County shall make available the use of the Concession Operations Area (“COA”) and equipment at Sun-N-Fun Water Park and other concession facilities located at NCRP in accordance with this ITN for a minimum of $15.00/square foot/year. The proposer should describe and list below the amount the vendor is willing to rent to the COA space(s) for from the County. Cost per Square Foot/Year $ ______________ EVALUATION CRITERIA NO. 4: COMPLIANCE WITH ALL RELEVANT LOCAL, STATE AND FEDERAL REGULATIONS REGARDING FOOD SAFETY AND HEALTH STANDARDS (20 Total Points Available) Please include in your proposal, the following licenses/certifications: • Food Manager Certification • State of Florida Department of Business and Professional Regulation Food Service License, Florida Department of Agriculture & Consumer Services, and/or Department of Health • Safe Serve certified (certification form needs to be provided for all employees) • Florida State Food Service License (per business) Page 1687 of 4096 8 EVALUATION CRITERIA NO. 5: LOCAL VENDOR PREFERENCE (10 Total Points Available) Local business is defined as the vendor having a current Business Tax Receipt issued by the Collier or Lee County Tax Collector prior to proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier or Lee County from which the vendor’s staff operates and performs business in an area zoned for the conduct of such business. Page 1688 of 4096 County of Collier, FL Procurement -, - 3299 Tamiami Trail, East Naples, FL 34112 [PHELAN FAMILY BRANDS] RESPONSE DOCUMENT REPORT GEN No. 25-8360 North Collier Regional Park Food Services RESPONSE DEADLINE: March 6, 2025 at 3:00 pm Report Generated: Thursday, March 6, 2025 Phelan Family Brands Response CONTACT INFORMATION Company: Phelan Family Brands Email: kathleen@phelanbrands.com Contact: Grant Phelan Address: 1061 Collier Center Way Naples, FL 34110 Phone: N/A Website: https://www.phelanfamilybrands.com/ Submission Date: Mar 6, 2025 7:19 AM (Eastern Time) Page 1689 of 4096 [PHELAN FAMILY BRANDS] RESPONSE DOCUMENT REPORT GEN No. 25-8360 North Collier Regional Park Food Services [PHELAN FAMILY BRANDS] RESPONSE DOCUMENT REPORT undefined - North Collier Regional Park Food Services Page 2 ADDENDA CONFIRMATION Addendum #1 Confirmed Feb 14, 2025 8:46 PM by Grant Phelan Addendum #2 Confirmed Feb 14, 2025 8:44 PM by Grant Phelan QUESTIONNAIRE 1. I certify that I have read, understood and agree to the terms in this solicitation, and that I am authorized to submit this r esponse on behalf of my company.* Confirmed 2. Invitation to Negotiate (ITN) Instructions Form with Board Options* Invitation to Negotiate (ITN) Instructions have been acknowledged and accepted. Confirmed 3. Collier County Purchase Order Terms and Conditions* Collier County Purchase Order Terms and Conditions have been acknowledged and accepted. Confirmed 4. Insurance Requirements* Vendor Acknowledges Insurance Requirement and is prepared to produce the required insurance certificate(s) within five (5) da ys of the County's issuance of a Notice of Recommended Award. Confirmed Page 1690 of 4096 [PHELAN FAMILY BRANDS] RESPONSE DOCUMENT REPORT GEN No. 25-8360 North Collier Regional Park Food Services [PHELAN FAMILY BRANDS] RESPONSE DOCUMENT REPORT undefined - North Collier Regional Park Food Services Page 3 5. Collier County Required Forms PROPOSAL SUBMITTAL* Please submit a proposal per Evaluation Criteria outlined in Solicitation. Bid_Letter_CCPR.pdf Evaluation_Criteria_No._3_-_Phelan_Brands.pdf Concession_Menu_-_NCRP_-_Prelim_3.3.25.pdf VENDOR DECLARATION STATEMENT (FORM 1)* Form_1_-_Vendor_Declaration_Statement.pdf CONFLICT OF INTEREST CERTIFICATION AFFIDAVIT (FORM 2)* Form_2_-_Conflict_of_Interest_Certification.pdf IMMIGRATION LAW AFFIDAVIT CERTIFICATION (FORM 3)* Form_3_-_Immigration_Affidavit_Certification.pdf CERTIFICATION FOR CLAIMING STATUS AS A LOCAL BUSINESS (FORM 4) IF APPLICABLE Collier or Lee County Business Tax Receipt. Form_4_-_Certification_for_Claiming_Status_as_a_Local_Business.pdf REFERENCE QUESTIONNAIRE (FORM 5)* The County requests that the vendor submits no fewer than three (3) and no more than ten (10) completed reference forms from clients (during the last 5 years) whose projects are of a similar nature to this solicitation as a part of their pro posal. Form_5_-_FGCU_Letter_of_Support.pdf Form_5_-_Letter_of_Rec_Phelan_Family_Brands_-_Marine_Max.pdf Form_5_-_Phelan_Brands_Event_Letter_-_Tarpon_Point.pdf Form_5_-_Phelan_Family_Brands_-_LoR_-_2-28-25_-_FMB_Chamber.pdf Form_5_-_TIN_CITY_LETTERHEAD.pdf Page 1691 of 4096 [PHELAN FAMILY BRANDS] RESPONSE DOCUMENT REPORT GEN No. 25-8360 North Collier Regional Park Food Services [PHELAN FAMILY BRANDS] RESPONSE DOCUMENT REPORT undefined - North Collier Regional Park Food Services Page 4 CERTIFIED WOMAN AND/OR MINORITY BUSINESS ENTERPRISE Submit certification with the Florida Department of Management Service, Office of Supplier Diversity as a Certified Woman and/or Minority Business Enterprise. No response submitted E-VERIFY - MEMORANDUM OF UNDERSTANDING* Vendor MUST be enrolled in the E-Verify - https://www.e-verify.gov/ at the time of submission of the proposal/bid. E-Verify Memorandum of Understanding or Company Profile page should be attached with your submittal. 5.8_-_TT_Naples_Everify_MOU.pdf PROOF OF STATUS FROM DIVISION OF CORPORATIONS - FLORIDA DEPARTMENT OF STATE (SUNBIZ)* http://dos.myflorida.com/sunbiz/ should be attached with your submittal. 5.9_-_Proof_of_Status_from_Division_of_Corporations.pdf W-9 FORM* 5.10_-_Form_W9_.pdf LICENSES/CERTIFICATIONS* • Food Manager Certification • State of Florida Department of Business and Professional Regulation Food Service License, Florida Department of Agriculture & Consumer Services, and/or Department of Health • Safe Serve certified (certification form needs to be provided for all employees) • Florida State Food Service License (per business) BEV2104635_EXP_033126.pdf BEV2104807_EXP_033126_(Caterer).pdf Collier_County_BTR_101552_Exp._09-30-25.pdf Collier_County_BTR_101553_Exp._09-30-25.pdf SEA2103163_exp_12-1-2025.pdf Page 1692 of 4096 [PHELAN FAMILY BRANDS] RESPONSE DOCUMENT REPORT GEN No. 25-8360 North Collier Regional Park Food Services [PHELAN FAMILY BRANDS] RESPONSE DOCUMENT REPORT undefined - North Collier Regional Park Food Services Page 5 Food_Safety_Mgr_Cards_&_Serve_Safe_Certs.pdf SIGNED ADDENDA 25-8360_Addendum_1.pdf 25-8360_Addendum_2.pdf MISCELLANEOUS DOCUMENTS No response submitted Page 1693 of 4096 March 3, 2025 Collier County Parks & Recreation Administration North Collier Regional Park 15000 Livingston Road, Naples, FL 34109 Please accept this letter and supporting documents for consideration by the selection committee for Phelan Family Brands to become the concession operator for North Collier Regional Parks. With over 27 years in the restaurant, catering and event business, we have established ourselves as a local, family-owned company who continuously delivers the best food and hospitality oNerings in Southwest Florida. The philosophy of our company in tandem with our team members has remained constant; provide the best food with the best service in the best locations we can find every opportunity we can. This has led our company to expand to now include 27 restaurants with1500 plus team members serving thousands of guests daily. Additionally, we remain active in our community running multiple events that have become staples in the area including the annual Naples Stone Crab Festival celebrating 15 years this fall. Our combination of working with local vendors, ownership in our own seafood company and developing incredible relationships with purveyors allows us to handle any event, catering, or concession need. We are confident that our strengths in food service will unquestionably fulfill the current needs of North Collier Regional Parks, and we look forward to a long-term partnership with Collier County Parks and Recreation. Sincerely, Grant Phelan CEO, Phelan Family Brands Page 1694 of 4096 Menu Variety & Quality - We will be offering a variety of regular concession items as well as a handful of specialty food items specific to our brands such as pork & brisket sandwiches, baby back ribs and cheesy crab nachos. We will also be offering a variety of more health conscious options such as salads, cold cut sandwich & wraps, and fresh fruit. - Product quality will be synonymous with the high standards set forth by all Phelan Family Brands restaurants. Product and pricing will be selected by our restaurant professionals to provide the best possible value to the customer while delivering a high standard of quality. While specific pricing on current proposed menu items will be dependent on product cost and agreed upon proportion sizes, our pricing structure will be in-line with current market assessments. - Disclaimer: Proposed menu items are subject to change. Operational Plan - Our goal is to meet the demands of guests at all three concession locations. We will open at the Sun and Fun waterpark during the normal hours of the main pool. It will be necessary to gain access to the waterpark no less than 2 hours before opening in order to prep food & beverage items, complete morning safety and health checks, filter oil and other equipment checks, and general opening shift duties. Closing duties would include inventory checks, cleaning duties, closing health and safety check, POS close-outs, and proper planning for the next day’s activities. This concession will be staffed by approximately 3-5 team members respectively. - The soccer field and baseball field concession booths will be operational at agreed-upon dates and times by both Phelan Family Brand s and North Collier Regional Park Management. Large events, tournaments, anticipated high volume days, etc. at these locations are primary target dates. A calendar of events at least 2-3 months ahead of schedule will be necessary to effectively organize staffing levels for these two locations. - Staffing levels may vary depending on the anticipated crowd sizes, final menu selected, and available space & equipment at these locations. The same inventory and health & safety checklists will apply to these locations. - Vehicles and/or motorized carts will be necessary to transport product to and from all concession locations. - Given the nature and speed at which concession style food and beverages are served, it will be our goal to design and plan our work space to allow for efficiency without sacrificing quality. As such it will be necessary to maintain items hot & cold ready to keep up with demand, while assessing high & low volume patterns throughout the day in order to preserve quality (specifically on cooked items). - A ticket system will be essential to ensure flowing communication between the front of house staff taking orders and the back of house staff fulfilling orders. FOH will be responsible for taking orders, inputting into the system, collecting payment, retrieving pre- packaged items (including drinks), and overall customer service. BOH will be responsible for preparing all hot & cold related food products that require assembling, as well as maintaining a clean work environment, quality control & inventory checks. The Page 1695 of 4096 implementation of a ticket system tailored to each concession stand location will enable both FOH and BOH staff to fulfill orders seamlessly and efficiently. - Health & Safety compliance is not just standard practice in our organization, it’s essential to maintaining high product quality & service levels. Our commitment to excelling in this area is evident in our full time employment of our own health and safety inspector, former state inspector supervisor Dominick Tartaglione. His knowledge and expertise in current health and safety practices, coupled with the experience of our Food Manager Certified team, will enable us to effectively organize a health and safety check list conducive to this particular work environment. The same high standards we practice in our restaurants will be carried over into this new prospect. - The experience of our events teams coupled with our ability to pull team members from a bank of our 27 family owned restaurants will allow us to meet any operational demands during peak seasons and high visitor volumes, adjusting staffing and product levels accordingly. Customer Service - When it comes to ensuring customer satisfaction and a great experience, Phelan Family Brands works tirelessly day in and day out to exceed expectations. We firmly believe that if it’s not done to the customer’s satisfaction, we will make it right in our over 27 restaurants. Our team members ensure that orders are correct, food is the correct temperature and the guest leaves satisfied with their experience as it relates to the food operation with the Collier County Parks and Recreation. We will implement the same standards and expectations to ensure every guest is satisfied. This is integrated into the training of each of our team embers and will be done so with the staff we provide in the concession areas. - A service manager trained in customer service will be available on site daily to handle guest grievances and/or questions. Cost & Value - For nearly 3 decades Phelan Family Brands has been building and managing restaurants, and our goal has always been the same; provide the best quality product at the best possible value to the customer. That mentality has allowed our family to expand from a single store in a stripe mall in Bonita Springs to 27 restaurants spanning over 10 different brands that all offer a wide variety of food, drinks, atmosphere, and overall dining experience catered to specific demographics. It is our intention to approach this vending opportunity with the same mindset by offering quality product at economical value to the consumer. - Given our family’s wide range of brands and restaurant experience in SWFL, we are able to tap into a vast array of product options, preferred vendors and other connections, experienced event management teams, product availability and cost savings, etc. which all culminate in the elevated guest experience that we strive for in our restaurants. - Our bid is for $30 / square foot / year Page 1696 of 4096 Preliminary Menu Item List for North Collier Regional Park Equipment Color Key Grill Microwave Fryer Popcorn Machine Hot Holding Unit Pizza Oven Refrigerator Dry Storage Freezer Panini Press or Flat Top Grill Hot Foods Cold Foods Pre-Packaged Cold Desserts Hot Dogs Turkey Wrap (comes with let. Tom. Cheese)Assorted Candy (best selling options)Dippin Dots Burgers (comes with let. Tom. Cheese)Turkey/Ham Sandwich (let. Tom. Cheese) Skittles, MnM's, Reeces, Snickers, Ice Cream Bars Grilled Chicken Sand.Salad Bowl (choice of chicken or pork) Kit Kat, Rice Crispy Treats, nerds Snow Cones Baby Back Ribs Acai Bowls Assorted Bagged Chips Jalapeno Cheddar Sausage Sand.Shrimp Cocktail Reg. Lays, Doritos, Cheetos, Mixed French Fries Smoked Fish Dip Nuts, Trail Mix, Crackers, Salted Onion Rings Assorted Fruit Peanuts, Cracker Jacks, Baked Lays Chicken Wings Energy Bars, Protein Bars Chicken Fingers Cotton Candy Chili Dog Bowl of Chili and Crackers Breakfast Drinks Misc. Items Cheesy Crab Nachos Bacon, Egg & Cheese Sand.Coffee Cheese Slices & Shredded Cheese Pork Sand.Bagels Hot Chocolate Lettuce Brisket Sand.Packaged Blueberry Muffins Coke products Tomato Pork or Brisk. Sliders Vanilla Yogurt Cup with Granola Coke, Diet Coke, Sprite, Dr. Pepper,Condiment Packs Soft Shell Tacos (choice of proteins) Root Beer, Lipton Tea Plastic Utensil Frito Pie Water Napkins Popcorn Lemonade To Go Containers & Paper serving boats Soft Pretzels Orange Juice Beer Cheese for Pretzel Pizza Assorted Sports Drinks Assorted Breads for Sandwiches Grilled Cheese (add bacon)Taco Shells Salsa Croutons Page 1697 of 4096 Page 1698 of 4096 Page 1699 of 4096 Page 1700 of 4096 Page 1701 of 4096 Page 1702 of 4096 MarineMax Fort Myers 14030 McGregor Blvd Fort Myer, FL 33919 T rudi.kemmis@marinemax.com February 25, 2025 North Collier Regional Park 15000 Livingston Road Naples, FL 34109 To Whom It May Concern: Having worked with Phelan Family Brands for many years I am pleased to offer my recommendation for their organization to manage the concession areas at the North Collier Regional Park. The success of our partnership with the Phelan Brands organization stems from the competency and commitment of their teams. Working closely with their events team on everything from company gatherings to large sponsorships such as the Fort Myers Boat Show, I have personal experience with the high level of detail, organization and execution that goes into the way they manage events. The diverse nature of their restaurant group partnered with the extensive experience of their events team makes for a unique combination of food and beverage options all while executing event responsibilities seamlessly and efficiently. Sincerely, Trudi Kemmis Sales Coordinator MarineMax Fort Myers Päè i s =k{ { sã Page 1703 of 4096 Tarpon Point Property Owners Association 5902 Silver King Blvd. Cape Coral, FL 33914 Tarponpoint.com February 26, 2025, RE: Phelan Family Brands To whom it may concern: I am the General Manager and commercial Realtor for Freeman and Hasselwander Properties, LLC, who own the retail shops, Westin Hotel, marina and other properties located at Tarpon Point Marina. It has been my pleasure to work with the Phelan Family and their team since 2013. It is my recommendation that Phelan Family Brands be granted the necessary permissions for exclusive concession and event services at the North Collier Regional Park. Having worked closely with their events team over the years I can enthusiastically endorse their high standard of professionalism, organization and efficiency regarding large- and small-scale event services. For the last two years the Tarpon Point property has hosted the Stones and Bones Festival, organized with aptitude by the Phelan Brands team. The structure of their organization makes communication with their team seamless and efficient, allowing for the best possible results. If given the opportunity to manage the North Collier Regional Park concession services I have the utmost confidence that their team will execute such an endeavor with a passion and competency not found in most organizations." Should you have any questions please feel free to reach out to me at 239-849-5866. You can see more about our property at www.tarponpoint.com. Sincerely, Lauren Snyder General Manager Freeman & Hasselwander Properties, LLC. Page 1704 of 4096 February 28, 2025 RE: Letter of Recommendation for Phelan Family Brands Regarding North Collier County Regional Park Concession Services To Whom It May Concern, I am pleased to recommend Phelan Family Brands for exclusive permission to provide concession services at North Collier County Regional Park, including the Sun n Fun Waterpark and field concession areas. For nearly a decade, the Fort Myers Beach Chamber of Commerce has partnered with Phelan Family Brands on one of Southwest Florida’s largest events, the American Sandsculpting Championships at Fort Myers Beach. Their team demonstrated exceptional planning, organization, and execution, successfully managing an event that attracted over 50,000 attendees over a 10-day period. While Phelan Family Brands no longer manages this particular event, their dedication and attention to detail continue to be evident in the many successful events we have collaborated on. Their careful attention to detail, ability to problem-solve under pressure, and exceptional service to both clients and event-goers is apparent in the enduring success of events we have collaborated on together. Their reputation for excellence extends beyond large-scale events to include more intimate gatherings and community-based functions. Whether managing vendor relationships, overseeing logistics, or providing high-quality food service, Phelan Family Brands consistently demonstrates their expertise and dedication. I am confident that Phelan Family Brands will be a valuable asset to North Collier County Regional Park and will provide high-quality concession services that enhance the experience of park visitors. I fully support their application and am happy to provide further details if needed. Sincerely, Jacki Liszak President / CEO Fort Myers Beach Chamber of Commerce Jacki@fmbchamber.com (239) 454-7500 Page 1705 of 4096 February 26, 2025 "We are pleased to offer our recommendation for Phelan Family Brands to acquire the concession services for North Collier Regional Park. Their dedicated events team has organized Blues, Brews & BBQ Festival for about 10 years previously, as well as the Stone Crab Festival for the last 13 years on Tin City property, making it one of the most popular festivals in the area. I have personally worked with their team the last few years and can attest to their high standard of coordination and organization regarding the events they manage on site. Their commitment to achieving success is apparent in their work ethic, and after over a decade of running events, both large and small, the results of their efforts speak for themselves. The resources, experience, and personnel the Phelan Brands organization brings to their events offer a unique combination of overall vision and seamless execution of that vision. If given the opportunity to partner with North Collier Regional Park on the concession needs I have no doubt Phelan Brands would excel at the prospect." Respectfully, Craig Ekonomos Tin City General Manager 1200 5TH AVE SOUTH • NAPLES, FLORIDA • 34103 Page 1706 of 4096 Company ID Number: THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS) and (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee’s eligibility to work in the United States after completion of Form I-9, Employment Eligibility Verification (Form I-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, “Employment Eligibility Verification” and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1.The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a.Notice of E-Verify Participation b.Notice of Right to Work 2.The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives’ contact information changes. 3.The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee’s E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. Page 1 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Texas Tonys BBQ Shack INC 2541094 Page 1707 of 4096 Company ID Number: 4.The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 5.The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases. a.The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 6.The Employer agrees to comply with current Form I-9 procedures, with two exceptions: a.If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form I-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. b.If an employee presents a DHS Form I-551 (Permanent Resident Card), Form I-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form I-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee’s Form I-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form I-9. 7.The Employer agrees to record the case verification number on the employee's Form I-9 or to print the screen containing the case verification number and attach it to the employee's Form I-9. 8.The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms I-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the anti- discrimination requirements of section 274B of the INA with respect to Form I-9 procedures. a.The following modified requirements are the only exceptions to an Employer’s obligation to not employ unauthorized workers and comply with the anti-discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly Page 2 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 2541094 Page 1708 of 4096 Company ID Number: employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b.DHS reserves the right to conduct Form I-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9.The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form I-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form I-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10.The Employer agrees not to use E-Verify for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11.The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU. 12.The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 13.The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(l)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee’s perceived employment eligibility status Page 3 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 2541094 Page 1709 of 4096 Company ID Number: (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee’s employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-4218 (customer service) or 1-888-897-7781 (worker hotline). 14.The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound “foreign” or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration-related unfair employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti-discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 15.The Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 16.The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verify@uscis.dhs.gov. Please use “Privacy Incident – Password” in the subject line of your email when sending a breach report to E-Verify. 17.The Employer acknowledges that the information it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 18.The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon Page 4 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 2541094 Page 1710 of 4096 Company ID Number: reasonable notice, to review Forms I-9 and other employment records and to interview it and its employees regarding the Employer’s use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 19.The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally-approved, federally-certified, or federally-recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 20.The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21.The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer’s services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 22.The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1.If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2.In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any “employee assigned to the contract” (as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify. a.An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee’s assignment to the contract, whichever date is later. Page 5 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 2541094 Page 1711 of 4096 Company ID Number: b.Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c.Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee’s assignment to the contract, whichever date is later. d.Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form I-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i.That Form I-9 is complete (including the SSN) and complies with Article II.A.6, ii.The employee’s work authorization has not expired, and iii.The Employer has reviewed the Form I-9 information either in person or in communications with the employee to ensure that the employee’s Section 1, Form I-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f.The Employer shall complete a new Form I-9 consistent with Article II.A.6 or update the previous Form I-9 to provide the necessary information if: i.The Employer cannot determine that Form I-9 complies with Article II.A.6, ii.The employee’s basis for work authorization as attested in Section 1 has expired or changed, or iii.The Form I-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form I-9 is otherwise valid and up-to-date and the form otherwise complies with Page 6 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 2541094 Page 1712 of 4096 Company ID Number: Article II.C.5, but reflects documentation (such as a U.S. passport or Form I-551) that expired after completing Form I-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g.The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer’s compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1.SSA agrees to allow DHS to compare data provided by the Employer against SSA’s database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA’s database. 2.SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 3.SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Employer. 4.SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS 1.DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a.Automated verification checks on alien employees by electronic means, and Page 7 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 2541094 Page 1713 of 4096 Company ID Number: b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4.DHS agrees to train Employers on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. 5.DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti-discrimination notices issued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 6.DHS agrees to issue each of the Employer’s E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7.DHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. 8.DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9.DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. Page 8 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 2541094 Page 1714 of 4096 Company ID Number: The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2.The Employer agrees to obtain the employee’s response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3.After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4.The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5.While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 6.The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1.If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2.The Employer agrees to obtain the employee’s response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3.The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4.If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the Page 9 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 2541094 Page 1715 of 4096 Company ID Number: employee to contact DHS through its toll-free hotline (as found on the referral letter) within eight Federal Government work days. 5.If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6.The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee’s Form I-551, Form I-766, U.S. Passport, or passport card to DHS for review by: a.Scanning and uploading the document, or b.Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7.The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee’s documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8.DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9.While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. Page 10 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 2541094 Page 1716 of 4096 Company ID Number: B. TERMINATION 1.The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. 2.Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer’s participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer’s business. 3.An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non- Federal contractor participants, and will be required to use the E-Verify p rocedures to verify the employment eligibility of all newly hired employees. 4.The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify. ARTICLE VI PARTIES A.Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B.Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. C.The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D.Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. Page 11 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 2541094 Page 1717 of 4096 Company ID Number: E. The Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. To be accepted as an E-Verify participant, you should only sign the Employer’s Section of the signature page. If you have any questions, contact E-Verify at 1-888-464-4218. Page 12 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 2541094 Page 1718 of 4096 Company ID Number: Approved by: Employer Name (Please Type or Print) Title Signature Date Department of Homeland Security – Verification Division Name (Please Type or Print) Title Signature Date Page 13 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 USCIS Verification Division 10/02/2024 Katherine L Martin Electronically Signed Texas Tonys BBQ Shack INC 10/02/2024 Electronically Signed 2541094 Page 1719 of 4096 Company ID Number: Information Required for the E-Verify Program Information relating to your Company: Company Name Company Facility Address Company Alternate Address County or Parish Employer Identification Number North American Industry Classification Systems Code Parent Company Number of Employees Number of Sites Verified for Page 14 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Texas Tonys BBQ Shack INC COLLIER 722 20 to 99 2541094 4519 Tamiami Trail E Naples, FL 34103 273209240 1 site(s) Page 1720 of 4096 Company ID Number: Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: Page 15 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 FL 1 2541094 Page 1721 of 4096 Company ID Number: Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Page 16 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Email 2397288483 Katherine L Martin 2541094 Name Phone Number Fax katie@phelanbrands.com Page 1722 of 4096 Company ID Number: This list represents the first 20 Program Administrators listed for this company. Page 17 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 2541094 Page 1723 of 4096 Document Number FEI/EIN Number Date Filed Effective Date State Status Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation TEXAS TONY'S BBQ SHACK INC Filing Information P10000063567 27-3209240 08/03/2010 08/03/2010 FL ACTIVE Principal Address 4519 TAMIAMI TR EAST NAPLES, FL 34103 Changed: 02/23/2012 Mailing Address 1061 Collier Center Way Naples, FL 34110 Changed: 01/12/2023 Registered Agent Name & Address PHELAN, ANTHONY L 1061 Collier Center Way Naples, FL 34110 Address Changed: 01/12/2023 Officer/Director Detail Name & Address Title P PHELAN, ANTHONY L 1061 Collier Center Way Naples, FL 34110 Title S PHELAN, KATHLEEN M 1061 Collier Center Way Naples, FL 34110 Annual Reports Report Year Filed Date 2023 01/12/2023 2024 02/12/2024 D C Florida Department of State Page 1724 of 4096 2025 02/10/2025 Document Images 02/10/2025 -- ANNUAL REPORT View image in PDF format 02/12/2024 -- ANNUAL REPORT View image in PDF format 01/12/2023 -- ANNUAL REPORT View image in PDF format 02/25/2022 -- ANNUAL REPORT View image in PDF format 02/12/2021 -- ANNUAL REPORT View image in PDF format 02/06/2020 -- ANNUAL REPORT View image in PDF format 01/16/2019 -- ANNUAL REPORT View image in PDF format 01/18/2018 -- ANNUAL REPORT View image in PDF format 01/19/2017 -- ANNUAL REPORT View image in PDF format 04/19/2016 -- ANNUAL REPORT View image in PDF format 04/14/2015 -- ANNUAL REPORT View image in PDF format 02/26/2014 -- ANNUAL REPORT View image in PDF format 02/07/2013 -- ANNUAL REPORT View image in PDF format 02/23/2012 -- ANNUAL REPORT View image in PDF format 03/18/2011 -- ANNUAL REPORT View image in PDF format 08/03/2010 -- Domestic Profit View image in PDF format Florida Department of State, Division of Corporations Page 1725 of 4096 Form W-9 (Rev. March 2024) Request for Taxpayer Identification Number and Certification Department of the Treasury Internal Revenue Service Go to www.irs.gov/FormW9 for instructions and the latest information. Give form to the requester. Do not send to the IRS. Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Form, below.Print or type. See Specific Instructions on page 3.1 Name of entity/individual. An entry is required. (For a sole proprietor or disregarded entity, enter the owner’s name on line 1, and enter the business/disregarded entity’s name on line 2.) 2 Business name/disregarded entity name, if different from above. 3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1. Check only one of the following seven boxes. Individual/sole proprietor C corporation S corporation Partnership Trust/estate LLC. Enter the tax classification (C = C corporation, S = S corporation, P = Partnership) . . . . Note: Check the “LLC” box above and, in the entry space, enter the appropriate code (C, S, or P) for the tax classification of the LLC, unless it is a disregarded entity. A disregarded entity should instead check the appropriate box for the tax classification of its owner. Other (see instructions) 3b If on line 3a you checked “Partnership” or “Trust/estate,” or checked “LLC” and entered “P” as its tax classification, and you are providing this form to a partnership, trust, or estate in which you have an ownership interest, check this box if you have any foreign partners, owners, or beneficiaries. See instructions . . . . . . . . . 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) Exemption from Foreign Account Tax Compliance Act (FATCA) reporting code (if any) (Applies to accounts maintained outside the United States.) 5 Address (number, street, and apt. or suite no.). See instructions. 6 City, state, and ZIP code Requester’s name and address (optional) 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. See also What Name and Number To Give the Requester for guidelines on whose number to enter. Social security number –– or Employer identification number – Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and, generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Here Signature of U.S. person Date General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. What’s New Line 3a has been modified to clarify how a disregarded entity completes this line. An LLC that is a disregarded entity should check the appropriate box for the tax classification of its owner. Otherwise, it should check the “LLC” box and enter its appropriate tax classification. New line 3b has been added to this form. A flow-through entity is required to complete this line to indicate that it has direct or indirect foreign partners, owners, or beneficiaries when it provides the Form W-9 to another flow-through entity in which it has an ownership interest. This change is intended to provide a flow-through entity with information regarding the status of its indirect foreign partners, owners, or beneficiaries, so that it can satisfy any applicable reporting requirements. For example, a partnership that has any indirect foreign partners may be required to complete Schedules K-2 and K-3. See the Partnership Instructions for Schedules K-2 and K-3 (Form 1065). Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS is giving you this form because they Cat. No. 10231X Form W-9 (Rev. 3-2024) Page 1726 of 4096 Form W-9 (Rev. 3-2024)Page 2 must obtain your correct taxpayer identification number (TIN), which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid). • Form 1099-DIV (dividends, including those from stocks or mutual funds). • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds). • Form 1099-NEC (nonemployee compensation). • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers). • Form 1099-S (proceeds from real estate transactions). • Form 1099-K (merchant card and third-party network transactions). • Form 1098 (home mortgage interest), 1098-E (student loan interest), and 1098-T (tuition). • Form 1099-C (canceled debt). • Form 1099-A (acquisition or abandonment of secured property). Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. Caution: If you don’t return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. By signing the filled-out form, you: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued); 2. Certify that you are not subject to backup withholding; or 3. Claim exemption from backup withholding if you are a U.S. exempt payee; and 4. Certify to your non-foreign status for purposes of withholding under chapter 3 or 4 of the Code (if applicable); and 5. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting is correct. See What Is FATCA Reporting, later, for further information. Note: If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester’s form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States; • An estate (other than a foreign estate); or • A domestic trust (as defined in Regulations section 301.7701-7). Establishing U.S. status for purposes of chapter 3 and chapter 4 withholding. Payments made to foreign persons, including certain distributions, allocations of income, or transfers of sales proceeds, may be subject to withholding under chapter 3 or chapter 4 of the Code (sections 1441–1474). Under those rules, if a Form W-9 or other certification of non-foreign status has not been received, a withholding agent, transferee, or partnership (payor) generally applies presumption rules that may require the payor to withhold applicable tax from the recipient, owner, transferor, or partner (payee). See Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities. The following persons must provide Form W-9 to the payor for purposes of establishing its non-foreign status. • In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the disregarded entity. • In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the grantor trust. • In the case of a U.S. trust (other than a grantor trust), the U.S. trust and not the beneficiaries of the trust. See Pub. 515 for more information on providing a Form W-9 or a certification of non-foreign status to avoid withholding. Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person (under Regulations section 1.1441-1(b)(2)(iv) or other applicable section for chapter 3 or 4 purposes), do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Pub. 515). If you are a qualified foreign pension fund under Regulations section 1.897(l)-1(d), or a partnership that is wholly owned by qualified foreign pension funds, that is treated as a non-foreign person for purposes of section 1445 withholding, do not use Form W-9. Instead, use Form W-8EXP (or other certification of non-foreign status). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a saving clause. Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items. 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if their stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first Protocol) and is relying on this exception to claim an exemption from tax on their scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption. If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233. Backup Withholding What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 24% of such payments. This is called “backup withholding.” Payments that may be subject to backup withholding include, but are not limited to, interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third-party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester; 2. You do not certify your TIN when required (see the instructions for Part II for details); 3. The IRS tells the requester that you furnished an incorrect TIN; 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only); or 5. You do not certify to the requester that you are not subject to backup withholding, as described in item 4 under “By signing the filled- out form” above (for reportable interest and dividend accounts opened after 1983 only). Page 1727 of 4096 Form W-9 (Rev. 3-2024)Page 3 Certain payees and payments are exempt from backup withholding. See Exempt payee code, later, and the separate Instructions for the Requester of Form W-9 for more information. See also Establishing U.S. status for purposes of chapter 3 and chapter 4 withholding, earlier. What Is FATCA Reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all U.S. account holders that are specified U.S. persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code, later, and the Instructions for the Requester of Form W-9 for more information. Updating Your Information You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you are no longer tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account, for example, if the grantor of a grantor trust dies. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Line 1 You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return. If this Form W-9 is for a joint account (other than an account maintained by a foreign financial institution (FFI)), list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9. If you are providing Form W-9 to an FFI to document a joint account, each holder of the account that is a U.S. person must provide a Form W-9. • Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name. Note for ITIN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1a. This should also be the same as the name you entered on the Form 1040 you filed with your application. • Sole proprietor. Enter your individual name as shown on your Form 1040 on line 1. Enter your business, trade, or “doing business as” (DBA) name on line 2. • Partnership, C corporation, S corporation, or LLC, other than a disregarded entity. Enter the entity’s name as shown on the entity’s tax return on line 1 and any business, trade, or DBA name on line 2. • Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. Enter any business, trade, or DBA name on line 2. • Disregarded entity. In general, a business entity that has a single owner, including an LLC, and is not a corporation, is disregarded as an entity separate from its owner (a disregarded entity). See Regulations section 301.7701-2(c)(2). A disregarded entity should check the appropriate box for the tax classification of its owner. Enter the owner’s name on line 1. The name of the owner entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner’s name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity’s name on line 2. If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN. Line 2 If you have a business name, trade name, DBA name, or disregarded entity name, enter it on line 2. Line 3a Check the appropriate box on line 3a for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box on line 3a. IF the entity/individual on line 1 is a(n) . . . THEN check the box for . . . • Corporation Corporation. • Individual or • Sole proprietorship Individual/sole proprietor. • LLC classified as a partnership for U.S. federal tax purposes or • LLC that has filed Form 8832 or 2553 electing to be taxed as a corporation Limited liability company and enter the appropriate tax classification: P = Partnership, C = C corporation, or S = S corporation. • Partnership Partnership. • Trust/estate Trust/estate. Line 3b Check this box if you are a partnership (including an LLC classified as a partnership for U.S. federal tax purposes), trust, or estate that has any foreign partners, owners, or beneficiaries, and you are providing this form to a partnership, trust, or estate, in which you have an ownership interest. You must check the box on line 3b if you receive a Form W-8 (or documentary evidence) from any partner, owner, or beneficiary establishing foreign status or if you receive a Form W-9 from any partner, owner, or beneficiary that has checked the box on line 3b. Note: A partnership that provides a Form W-9 and checks box 3b may be required to complete Schedules K-2 and K-3 (Form 1065). For more information, see the Partnership Instructions for Schedules K-2 and K-3 (Form 1065). If you are required to complete line 3b but fail to do so, you may not receive the information necessary to file a correct information return with the IRS or furnish a correct payee statement to your partners or beneficiaries. See, for example, sections 6698, 6722, and 6724 for penalties that may apply. Line 4 Exemptions If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space on line 4 any code(s) that may apply to you. Exempt payee code. • Generally, individuals (including sole proprietors) are not exempt from backup withholding. • Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends. • Corporations are not exempt from backup withholding for payments made in settlement of payment card or third-party network transactions. • Corporations are not exempt from backup withholding with respect to attorneys’ fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC. The following codes identify payees that are exempt from backup withholding. Enter the appropriate code in the space on line 4. 1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2). Page 1728 of 4096 Form W-9 (Rev. 3-2024)Page 4 2—The United States or any of its agencies or instrumentalities. 3—A state, the District of Columbia, a U.S. commonwealth or territory, or any of their political subdivisions or instrumentalities. 4—A foreign government or any of its political subdivisions, agencies, or instrumentalities. 5—A corporation. 6—A dealer in securities or commodities required to register in the United States, the District of Columbia, or a U.S. commonwealth or territory. 7—A futures commission merchant registered with the Commodity Futures Trading Commission. 8—A real estate investment trust. 9—An entity registered at all times during the tax year under the Investment Company Act of 1940. 10—A common trust fund operated by a bank under section 584(a). 11—A financial institution as defined under section 581. 12—A middleman known in the investment community as a nominee or custodian. 13—A trust exempt from tax under section 664 or described in section 4947. The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13. IF the payment is for . . .THEN the payment is exempt for . . . • Interest and dividend payments All exempt payees except for 7. • Broker transactions Exempt payees 1 through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012. • Barter exchange transactions and patronage dividends Exempt payees 1 through 4. • Payments over $600 required to be reported and direct sales over $5,0001 Generally, exempt payees 1 through 5.2 • Payments made in settlement of payment card or third-party network transactions Exempt payees 1 through 4. 1 See Form 1099-MISC, Miscellaneous Information, and its instructions. 2 However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys’ fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency. Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with “Not Applicable” (or any similar indication) entered on the line for a FATCA exemption code. A—An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37). B—The United States or any of its agencies or instrumentalities. C—A state, the District of Columbia, a U.S. commonwealth or territory, or any of their political subdivisions or instrumentalities. D—A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-1(c)(1)(i). E—A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1.1472-1(c)(1)(i). F—A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state. G—A real estate investment trust. H—A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940. I—A common trust fund as defined in section 584(a). J—A bank as defined in section 581. K—A broker. L—A trust exempt from tax under section 664 or described in section 4947(a)(1). M—A tax-exempt trust under a section 403(b) plan or section 457(g) plan. Note: You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed. Line 5 Enter your address (number, street, and apartment or suite number). This is where the requester of this Form W-9 will mail your information returns. If this address differs from the one the requester already has on file, enter “NEW” at the top. If a new address is provided, there is still a chance the old address will be used until the payor changes your address in their records. Line 6 Enter your city, state, and ZIP code. Part I. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. If you are a resident alien and you do not have, and are not eligible to get, an SSN, your TIN is your IRS ITIN. Enter it in the entry space for the Social security number. If you do not have an ITIN, see How to get a TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. If you are a single-member LLC that is disregarded as an entity separate from its owner, enter the owner’s SSN (or EIN, if the owner has one). If the LLC is classified as a corporation or partnership, enter the entity’s EIN. Note: See What Name and Number To Give the Requester, later, for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local SSA office or get this form online at www.SSA.gov. You may also get this form by calling 800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/EIN. Go to www.irs.gov/Forms to view, download, or print Form W-7 and/or Form SS-4. Or, you can go to www.irs.gov/OrderForms to place an order and have Form W-7 and/or Form SS-4 mailed to you within 15 business days. If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and enter “Applied For” in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, you will generally have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note: Entering “Applied For” means that you have already applied for a TIN or that you intend to apply for one soon. See also Establishing U.S. status for purposes of chapter 3 and chapter 4 withholding, earlier, for when you may instead be subject to withholding under chapter 3 or 4 of the Code. Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8. Page 1729 of 4096 Form W-9 (Rev. 3-2024)Page 5 Part II. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if item 1, 4, or 5 below indicates otherwise. For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code, earlier. Signature requirements. Complete the certification as indicated in items 1 through 5 below. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form. 3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. “Other payments” include payments made in the course of the requester’s trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third-party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), ABLE accounts (under section 529A), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. What Name and Number To Give the Requester For this type of account:Give name and SSN of: 1. Individual The individual 2. Two or more individuals (joint account) other than an account maintained by an FFI The actual owner of the account or, if combined funds, the first individual on the account1 3. Two or more U.S. persons (joint account maintained by an FFI) Each holder of the account 4. Custodial account of a minor (Uniform Gift to Minors Act) The minor2 5. a. The usual revocable savings trust (grantor is also trustee) The grantor-trustee1 b. So-called trust account that is not a legal or valid trust under state law The actual owner1 6. Sole proprietorship or disregarded entity owned by an individual The owner3 7. Grantor trust filing under Optional Filing Method 1 (see Regulations section 1.671-4(b)(2)(i)(A))** The grantor* For this type of account:Give name and EIN of: 8. Disregarded entity not owned by an individual The owner 9. A valid trust, estate, or pension trust Legal entity4 10. Corporation or LLC electing corporate status on Form 8832 or Form 2553 The corporation 11. Association, club, religious, charitable, educational, or other tax-exempt organization The organization 12. Partnership or multi-member LLC The partnership 13. A broker or registered nominee The broker or nominee 14. Account with the Department of Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments The public entity 15. Grantor trust filing Form 1041 or under the Optional Filing Method 2, requiring Form 1099 (see Regulations section 1.671-4(b)(2)(i)(B))** The trust 1 List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person’s number must be furnished. 2 Circle the minor’s name and furnish the minor’s SSN. 3 You must show your individual name on line 1, and enter your business or DBA name, if any, on line 2. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN. 4 List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) * Note: The grantor must also provide a Form W-9 to the trustee of the trust. ** For more information on optional filing methods for grantor trusts, see the Instructions for Form 1041. Note: If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed. Secure Your Tax Records From Identity Theft Identity theft occurs when someone uses your personal information, such as your name, SSN, or other identifying information, without your permission to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund. To reduce your risk: • Protect your SSN, • Ensure your employer is protecting your SSN, and • Be careful when choosing a tax return preparer. If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter. If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity, or a questionable credit report, contact the IRS Identity Theft Hotline at 800-908-4490 or submit Form 14039. For more information, see Pub. 5027, Identity Theft Information for Taxpayers. Page 1730 of 4096 Form W-9 (Rev. 3-2024)Page 6 Victims of identity theft who are experiencing economic harm or a systemic problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at 877-777-4778 or TTY/TDD 800-829-4059. Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts. If you receive an unsolicited email claiming to be from the IRS, forward this message to phishing@irs.gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 800-366-4484. You can forward suspicious emails to the Federal Trade Commission at spam@uce.gov or report them at www.ftc.gov/complaint. You can contact the FTC at www.ftc.gov/idtheft or 877-IDTHEFT (877-438-4338). If you have been the victim of identity theft, see www.IdentityTheft.gov and Pub. 5027. Go to www.irs.gov/IdentityTheft to learn more about identity theft and how to reduce your risk. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and territories for use in administering their laws. The information may also be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payors must generally withhold a percentage of taxable interest, dividends, and certain other payments to a payee who does not give a TIN to the payor. Certain penalties may also apply for providing false or fraudulent information. Page 1731 of 4096 Melanie S. Griffin, SecretaryRon DeSantis, GovernorSTATE OF FLORIDADEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONDIV OF ALCOHOLIC BEVERAGES & TOBACCOTHE RETAILER OF ALCOHOLIC BEVERAGES HEREIN IS LICENSED UNDER THEPROVISIONS OF CHAPTER 561, FLORIDA STATUTESTEXAS TONYS BBQ SHACK INCDo not alter this document in any form.TEXAS TONYS BBQ SHACKLICENSE NUMBER: BEV2104635EXPIRATION DATE: MARCH 31, 2026This is your license. It is unlawful for anyone other than the licensee to use this document.4519 TAMIAMI TRL ENAPLES FL 34112Always verify licenses online at MyFloridaLicense.comSERIES: 4COP TYPE: SFSCONSUMPTION ON PREMISES ONLYISSUED: 03/03/2025Page 1732 of 4096 Melanie S. Griffin, SecretaryRon DeSantis, GovernorSTATE OF FLORIDADEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONDIV OF ALCOHOLIC BEVERAGES & TOBACCOTHE CATERER HEREIN IS LICENSED UNDER THEPROVISIONS OF CHAPTER 565, FLORIDA STATUTESTEXAS TONYS BBQ SHACK INCDo not alter this document in any form.TEXAS TONYS BBQ SHACKLICENSE NUMBER: BEV2104807EXPIRATION DATE: MARCH 31, 2026This is your license. It is unlawful for anyone other than the licensee to use this document.4519 TAMIAMI TRL ENAPLES FL 34112Always verify licenses online at MyFloridaLicense.comSERIES: 13CTCONSUMPTION ON PREMISES ONLYISSUED: 03/03/2025Page 1733 of 4096 COLLIER COUNTY BUSINESS TAXCOLLIER COUNTY TAX COLLECTOR - 2800 N. HORSESHOE DRIVE - NAPLES FLORIDA 34104 - (239) 252-2477 BUSINESS TAX NUMBER: LOCATION: LEGAL FORM DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION. FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS. CLASSIFICATION: CLASSIFICATION CODE:DATE AMOUNTRECEIPTThis document is a business tax only. This is not certification that licensee is qualified. It does not permit the licensee to violate any existing regulatory zoning laws of the state, county, or cities nor does it exempt the licensee from any other taxes or permits that may be required by law. VISIT OUR WEBSITE AT: www.colliertaxcollector.com THIS RECEIPT EXPIRES ZONED:BUSINESS PHONE: -THIS TAX IS NON-REFUNDABLE- STATE OR COUNTY LIC #:TEXAS TONY'S BBQ SHACK, INC CARRY-OUT 30.00 SEPTEMBER 30, 2025 C-3-5812 TEXAS TONY'S BBQ SHACK, INC 1061 COLLIER CENTER WAY NAPLES, FL 34110 101552 239-732-8392 Corporation WWW-25-00079666 02000005 07/29/2024 4519 TAMIAMI TRAIL TRAIL E Page 1734 of 4096 COLLIER COUNTY BUSINESS TAXCOLLIER COUNTY TAX COLLECTOR - 2800 N. HORSESHOE DRIVE - NAPLES FLORIDA 34104 - (239) 252-2477 BUSINESS TAX NUMBER: LOCATION: LEGAL FORM DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION. FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS. CLASSIFICATION: CLASSIFICATION CODE:DATE AMOUNTRECEIPTThis document is a business tax only. This is not certification that licensee is qualified. It does not permit the licensee to violate any existing regulatory zoning laws of the state, county, or cities nor does it exempt the licensee from any other taxes or permits that may be required by law. VISIT OUR WEBSITE AT: www.colliertaxcollector.com THIS RECEIPT EXPIRES ZONED:BUSINESS PHONE: -THIS TAX IS NON-REFUNDABLE- STATE OR COUNTY LIC #:TEXAS TONY'S BBQ SHACK, INC RESTAURANT 120.00 150 + SEATS SEPTEMBER 30, 2025 C-3-5812 TEXAS TONY'S BBQ SHACK, INC 1061 COLLIER CENTER WAY NAPLES, FL 34110 101553 239-732-8392 Corporation WWW-25-00079666 02000001 07/29/2024 4519 TAMIAMI TRAIL TRAIL E Page 1735 of 4096 Melanie S. Griffin, SecretaryRon DeSantis, GovernorSTATE OF FLORIDADEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONDIVISION OF HOTELS AND RESTAURANTSTHE SEATING FOOD SERVICE (2010) HEREIN IS LICENSED UNDER THEPROVISIONS OF CHAPTER 509, FLORIDA STATUTESTEXAS TONY'S BBQ SHACK INCDo not alter this document in any form.TEXAS TONY'S BBQLICENSE NUMBER: SEA2103163EXPIRATION DATE: DECEMBER 1, 2025This is your license. It is unlawful for anyone other than the licensee to use this document.4519 E TAMIAMI TRLNAPLES FL 34112Always verify licenses online at MyFloridaLicense.comNBR. OF SEATS: 186ISSUED: 11/07/2024Page 1736 of 4096 Page 1737 of 4096 Page 1738 of 4096 Page 1739 of 4096 Page 1740 of 4096 Page 1741 of 4096 Page 1742 of 4096 Certified Florida Food Service Worker <This aocument liere6y certifies tliat Mayk Villatoro Jfas successju[[y compfetecf tlie P[oricfa Poocf Service WorRsr Course Completion Date: 05/19/2024 Expiration Date: 3 Years from Date of Completion Roy Costa, DBPR Provider: 2067825 LEARN 2 SERVE ™ ING" Page 1743 of 4096 Certified Florida Food Service Worker <This aocument liere6y certifies tliat Romain Ramos Jfas successju[[y compfetecf tlie P[oricfa Poocf Service WorRsr Course Completion Date: 05/19/2024 Expiration Date: 3 Years from Date of Completion Roy Costa, DBPR Provider: 2067825 LEARN 2 SERVE ™ ING" Page 1744 of 4096 Certified Florida Food Service Worker <This aocument liere6y certifies tliat Yaquelin Ramirez Ortiz Jfas successju[[y compfetecf tlie P[oricfa Poocf Service WorRsr Course Completion Date: 05/19/2024 Expiration Date: 3 Years from Date of Completion Roy Costa, DBPR Provider: 2067825 LEARN 2 SERVE ™ ING" Page 1745 of 4096 Certified Florida Food Service Worker <This aocument liere6y certifies tliat Brenda Garcia Jfas successju[[y compfetecf tlie P[oricfa Poocf Service WorRsr Course Completion Date: 05/19/2024 Expiration Date: 3 Years from Date of Completion Roy Costa, DBPR Provider: 2067825 LEARN 2 SERVE ™ ING" Page 1746 of 4096 Certified Florida Food Service Worker <This aocument liere6y certifies tliat Jimy Fernandez Jfas successju[[y compfetecf tlie P[oricfa Poocf Service WorRsr Course Completion Date: 04/16/2024 Expiration Date: 3 Years from Date of Completion Roy Costa, DBPR Provider: 2067825 LEARN 2 SERVE ™ ING" Page 1747 of 4096 Certified Florida Food Service Worker <This aocument liere6y certifies tliat Juan Ramos Tomas Jfas successju[[y compfetecf tlie P[oricfa Poocf Service WorRsr Course Completion Date: 04/16/2024 Expiration Date: 3 Years from Date of Completion Roy Costa, DBPR Provider: 2067825 LEARN 2 SERVE ™ ING" Page 1748 of 4096 Certified Florida Food Service Worker <This aocument liere6y certifies tliat Alma Palacios Jfas successju[[y compfetecf tlie P[oricfa Poocf Service WorRsr Course Completion Date: 04/16/2024 Expiration Date: 3 Years from Date of Completion Roy Costa, DBPR Provider: 2067825 LEARN 2 SERVE ™ ING" Page 1749 of 4096 Certified Florida Food Service Worker <This aocument liere6y certifies tliat Arnulfo Andres Diaz Jfas successju[[y compfetecf tlie P[oricfa Poocf Service WorRsr Course Completion Date: 04/16/2024 Expiration Date: 3 Years from Date of Completion Roy Costa, DBPR Provider: 2067825 LEARN 2 SERVE ™ ING" Page 1750 of 4096 Certified Florida Food Service Worker <This aocument liere6y certifies tliat Aroldo Andres Diaz Jfas successju[[y compfetecf tlie P[oricfa Poocf Service WorRsr Course Completion Date: 05/11/2024 Expiration Date: 3 Years from Date of Completion Roy Costa, DBPR Provider: 2067825 LEARN 2 SERVE ™ ING" Page 1751 of 4096 Certified Florida Food Service Worker <This aocument liere6y certifies tliat Rosanio Bravo Lopez Jfas successju[[y compfetecf tlie P[oricfa Poocf Service WorRsr Course Completion Date: 05/11/2024 Expiration Date: 3 Years from Date of Completion Roy Costa, DBPR Provider: 2067825 LEARN 2 SERVE ™ ING" Page 1752 of 4096 Certified Florida Food Service Worker <This aocument liere6y certifies tliat Jaime Ruiz Jfas successju[[y compfetecf tlie P[oricfa Poocf Service WorRsr Course Completion Date: 05/11/2024 Expiration Date: 3 Years from Date of Completion Roy Costa, DBPR Provider: 2067825 LEARN 2 SERVE ™ ING" Page 1753 of 4096 Certified Florida Food Service Worker <This aocument liere6y certifies tliat Sonia Perez Jfas successju[[y compfetecf tlie P[oricfa Poocf Service WorRsr Course Completion Date: 05/11/2024 Expiration Date: 3 Years from Date of Completion Roy Costa, DBPR Provider: 2067825 LEARN 2 SERVE ™ ING" Page 1754 of 4096 Certified Florida Food Service Worker <This aocument liere6y certifies tliat Fermin Uriostegui Jfas successju[[y compfetecf tlie P[oricfa Poocf Service WorRsr Course Completion Date: 03/17/2024 Expiration Date: 3 Years from Date of Completion Roy Costa, DBPR Provider: 2067825 LEARN 2 SERVE ™ ING" Page 1755 of 4096 Certified Florida Food Service Worker <This aocument liere6y certifies tliat Mark Kemble Jfas successju[[y compfetecf tlie P[oricfa Poocf Service WorRsr Course Completion Date: 03/16/2024 Expiration Date: 3 Years from Date of Completion Roy Costa, DBPR Provider: 2067825 LEARN 2 SERVE ™ ING" Page 1756 of 4096 Certified Florida Food Service Worker <This aocument liere6y certifies tliat Michael Graczyk Jfas successju[[y compfetecf tlie P[oricfa Poocf Service WorRsr Course Completion Date: 03/15/2024 Expiration Date: 3 Years from Date of Completion Roy Costa, DBPR Provider: 2067825 LEARN 2 SERVE ™ ING" Page 1757 of 4096 Page 1758 of 4096 Page 1759 of 4096 Page 1760 of 4096 Certified Florida Food Service Worker <This aocument liere6y certifies tliat Aaron Rodriguez Jfas successju[[y compfetecf tlie P[oricfa Poocf Service WorRsr Course Completion Date: 01/19/2024 Expiration Date: 3 Years from Date of Completion Roy Costa, DBPR Provider: 2067825 LEARN 2 SERVE ™ ING" Page 1761 of 4096 Certified Florida Food Service Worker <This aocument liere6y certifies tliat Brandon Anderson Jfas successju[[y compfetecf tlie P[oricfa Poocf Service WorRsr Course Completion Date: 01/19/2024 Expiration Date: 3 Years from Date of Completion Roy Costa, DBPR Provider: 2067825 LEARN 2 SERVE ™ ING" Page 1762 of 4096 Certified Florida Food Service Worker <This aocument liere6y certifies tliat Chrissy Wilhoit Jfas successju[[y compfetecf tlie P[oricfa Poocf Service WorRsr Course Completion Date: 01/19/2024 Expiration Date: 3 Years from Date of Completion Roy Costa, DBPR Provider: 2067825 LEARN 2 SERVE ™ ING" Page 1763 of 4096 Certified Florida Food Service Worker <This aocument liere6y certifies tliat Danielle Burton Jfas successju[[y compfetecf tlie P[oricfa Poocf Service WorRsr Course Completion Date: 01/19/2024 Expiration Date: 3 Years from Date of Completion Roy Costa, DBPR Provider: 2067825 LEARN 2 SERVE ™ ING" Page 1764 of 4096 Certified Florida Food Service Worker <This aocument liere6y certifies tliat Francisco Valentin Jfas successju[[y compfetecf tlie P[oricfa Poocf Service WorRsr Course Completion Date: 01/19/2024 Expiration Date: 3 Years from Date of Completion Roy Costa, DBPR Provider: 2067825 LEARN 2 SERVE ™ ING" Page 1765 of 4096 Certified Florida Food Service Worker <This aocument liere6y certifies tliat Halyn Achille Jfas successju[[y compfetecf tlie P[oricfa Poocf Service WorRsr Course Completion Date: 01/17/2024 Expiration Date: 3 Years from Date of Completion Roy Costa, DBPR Provider: 2067825 LEARN 2 SERVE ™ ING" Page 1766 of 4096 Certified Florida Food Service Worker <This aocument liere6y certifies tliat Hanna Allison Jfas successju[[y compfetecf tlie P[oricfa Poocf Service WorRsr Course Completion Date: 01/18/2024 Expiration Date: 3 Years from Date of Completion Roy Costa, DBPR Provider: 2067825 LEARN 2 SERVE ™ ING" Page 1767 of 4096 Certified Florida Food Service Worker <This aocument liere6y certifies tliat Isaac Martinez Jfas successju[[y compfetecf tlie P[oricfa Poocf Service WorRsr Course Completion Date: 01/16/2024 Expiration Date: 3 Years from Date of Completion Roy Costa, DBPR Provider: 2067825 LEARN 2 SERVE ™ ING" Page 1768 of 4096 Certified Florida Food Service Worker <This aocument liere6y certifies tliat Julio Sanchez Jfas successju[[y compfetecf tlie P[oricfa Poocf Service WorRsr Course Completion Date: 01/17/2024 Expiration Date: 3 Years from Date of Completion Roy Costa, DBPR Provider: 2067825 LEARN 2 SERVE ™ ING" Page 1769 of 4096 Certified Florida Food Service Worker <This aocument liere6y certifies tliat Karen Hernandez Landa Jfas successju[[y compfetecf tlie P[oricfa Poocf Service WorRsr Course Completion Date: 01/18/2024 Expiration Date: 3 Years from Date of Completion Roy Costa, DBPR Provider: 2067825 LEARN 2 SERVE ™ ING" Page 1770 of 4096 Certified Florida Food Service Worker <This aocument liere6y certifies tliat Karen Merola Jfas successju[[y compfetecf tlie P[oricfa Poocf Service WorRsr Course Completion Date: 01/19/2024 Expiration Date: 3 Years from Date of Completion Roy Costa, DBPR Provider: 2067825 LEARN 2 SERVE ™ ING" Page 1771 of 4096 Certified Florida Food Service Worker <This aocument liere6y certifies tliat Katie Freeman Jfas successju[[y compfetecf tlie P[oricfa Poocf Service WorRsr Course Completion Date: 01/18/2024 Expiration Date: 3 Years from Date of Completion Roy Costa, DBPR Provider: 2067825 LEARN 2 SERVE ™ ING" Page 1772 of 4096 Certified Florida Food Service Worker <This aocument liere6y certifies tliat Madilyn Suarez del Real Jfas successju[[y compfetecf tlie P[oricfa Poocf Service WorRsr Course Completion Date: 01/17/2024 Expiration Date: 3 Years from Date of Completion Roy Costa, DBPR Provider: 2067825 LEARN 2 SERVE ™ ING" Page 1773 of 4096 Certified Florida Food Service Worker <This aocument liere6y certifies tliat Melanie Kinbaum Jfas successju[[y compfetecf tlie P[oricfa Poocf Service WorRsr Course Completion Date: 01/16/2024 Expiration Date: 3 Years from Date of Completion Roy Costa, DBPR Provider: 2067825 LEARN 2 SERVE ™ ING" Page 1774 of 4096 Certified Florida Food Service Worker <This aocument liere6y certifies tliat Melinda O'Donnel Jfas successju[[y compfetecf tlie P[oricfa Poocf Service WorRsr Course Completion Date: 01/15/2024 Expiration Date: 3 Years from Date of Completion Roy Costa, DBPR Provider: 2067825 LEARN 2 SERVE ™ ING" Page 1775 of 4096 Certified Florida Food Service Worker <This aocument liere6y certifies tliat Nick Dollard Jfas successju[[y compfetecf tlie P[oricfa Poocf Service WorRsr Course Completion Date: 01/18/2024 Expiration Date: 3 Years from Date of Completion Roy Costa, DBPR Provider: 2067825 LEARN 2 SERVE ™ ING" Page 1776 of 4096 Certified Florida Food Service Worker <This aocument liere6y certifies tliat Rachel Weber Jfas successju[[y compfetecf tlie P[oricfa Poocf Service WorRsr Course Completion Date: 01/19/2024 Expiration Date: 3 Years from Date of Completion Roy Costa, DBPR Provider: 2067825 LEARN 2 SERVE ™ ING" Page 1777 of 4096 Certified Florida Food Service Worker <This aocument liere6y certifies tliat Terri Mallon Jfas successju[[y compfetecf tlie P[oricfa Poocf Service WorRsr Course Completion Date: 01/17/2024 Expiration Date: 3 Years from Date of Completion Roy Costa, DBPR Provider: 2067825 LEARN 2 SERVE ™ ING" Page 1778 of 4096 Page 1779 of 4096 Page 1780 of 4096 Page 1781 of 4096 INSURANCE REQUIREMENTS COVERSHEET Project Name Vendor Name Solicitation/Contract No. Attachments Risk Approved Insurance Requirements Risk Approved Insurance Certificate(s) Comments Attachments Approved by Risk Management Division Approval: Page 1782 of 4096 INSURANCE AND BONDING REQUIREMENTS Insurance / Bond Type Required Limits 1. Worker’s Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers’ Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at https://apps.fldfs.com/bocexempt/ 2. Employer’s Liability $_100,000___ single limit per occurrence 3. Commercial General Liability (Occurrence Form) patterned after the current ISO form Bodily Injury and Property Damage $_1,000,000___single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor 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, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5. Automobile Liability $_________ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. Other insurance as noted: Watercraft $ __________ Per Occurrence United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ __________ Per Occurrence Pollution $ __________ Per Occurrence Professional Liability $ ___________ Per claim & in the aggregate Project Professional Liability $__________ Per Occurrence Valuable Papers Insurance $__________ Per Occurrence Cyber Liability $__________ Per Occurrence Technology Errors & Omissions $__________ Per Occurrence 7. Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers’ check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. Page 1783 of 4096 8. Performance and Payment Bonds For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as “A-“ or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders’ surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. Collier County must be named as "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 Vendor’s policy shall be endorsed accordingly. 11. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. On all certificates, the Certificate Holder must read: Collier County Board of County Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. Thirty (30) Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder’s Risk Insurance will be addressed by the Collier County Risk Management Division. GG – 1/31/25 ___________________________________________________________________________________________________________ Vendor’s Insurance Acceptance By submission of the bid Vendor accepts and understands the insurance requirements of these specifications, agrees to maintain these coverages through the duration of the agreement and/or work performance period, and that the evidence of insurability may be required within five (5) days of notification of recommended award of this solicitation. Page 1784 of 4096 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 5/19/2025 License # L077730 (800) 226-6117 (239) 261-2803 23787 Phelan Holdings, Inc. 1061 Collier Center Way Naples, FL 34110 18988 10700 A 1,000,000 X ACPCG013211650796 4/16/2025 4/16/2026 100,000 COMPOSITE RATE - SAL 1,000,000 2,000,000 2,000,000 LIQUOR LIABILIT 1,000,000 1,000,000B 5443845200 4/16/2025 4/16/2026 C 52063798 1/1/2025 1/1/2026 1,000,000 1,000,000 1,000,000 A Liquor Liability ACPCG013211650796 4/16/2025 Each Occurrence 1,000,000 NAMED INSUREDS: Phelan Holdings, Inc. 4535 Tamiami Trail East, LLC 853 5th Ave. South #135, LLC (Pazzo) Bay House Restaurant, LLC CJ's - Phelan Families, LLC Deep Lagoon Seafood of Marco, LLC SEE ATTACHED ACORD 101 Collier County Board of County Commissioners 3295 Tamiami Trail E. Naples, FL 34112 PHELHOL-01 SE2NJBEEDE AssuredPartners of Florida, Naples 8950 Fontana Del Sol Way Suite 300 Naples, FL 34109 Audrey Dellolio Nationwide Mutual Insurance Company Auto-Owners Insurance Company RetailFirst Insurance Company X 4/16/2026 X X X X X X X Page 1785 of 4096 FORM NUMBER: EFFECTIVE DATE: The ACORD name and logo are registered marks of ACORD ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE FORM TITLE: Page of THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01) AGENCY CUSTOMER ID: LOC #: AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE © 2008 ACORD CORPORATION. All rights reserved. AssuredPartners of Florida, Naples PHELHOL-01 SEE PAGE 1 1 SEE PAGE 1 ACORD 25 Certificate of Liability Insurance License # L077730 1 SEE P 1 Phelan Holdings, Inc. 1061 Collier Center Way Naples, FL 34110 SEE PAGE 1 SE2NJBEEDE 2 Description of Operations/Locations/Vehicles: Deep Lagoon-Ft. Myers, LLC Deep Lagoon-Ft. Myers Beach, LLC Deep Lagoon-North Naples, LLC Deep Lagoon-Pelican Bay, LLC Deep Lagoon-Waterside Place, LLC Phelan Brands Online, LLC Phelan Chops Bonita #134, LLC Phelan Chops Naples #133, LLC Phelan Families, LLC Phelan Family Properties - Bay House, LLC Phelan Family Properties - Venice LLC Phelan Family Support Center, LLC Phelan-Hogfish Property Holdings 513, LLC Phelan-Hogfish 138, LLC Phelan IP Holdings, LLC Phelan OE Holdings, LLC Phelan Properties of Fort Myers Beach, LLC Phelan Properties, LLC Phelan Properties-Riverbend, LLC Phelan Properties - Walkerbilt, LLC Phelan's on 5th #136, LLC (Keewaydin's) Pincher's Beach Bar & Grill Inc Pinchers Crab Shack of Downtown Ft Myers, Inc Pinchers Crab Shack - Fort Myers Beach, Inc. Pinchers Crab Shack of GCTC Inc Pinchers Crab Shack of Key West, Inc Pinchers Crab Shack of Lakewood Ranch, Inc Pinchers Crab Shack of Naples, Inc. Pinchers Crab Shack of Tarpon PT, Inc Pincher's Crab Shack of Wiregrass, Inc Pinchers of Bonita Crossings Inc. Pinchers of Florida, LLC Pinchers of Venice, LLC Texas Tony’s BBQ Shack Inc. Texas Tony's of Cape Coral, LLC *LIQUOR LIABILITY* Nationwide Insurance Co. Pol# ACPCG013211650796 Policy Term: 04/16/2025- 04/16/2026 Each Common Cause Limit: $1,000,000; Aggregate Limit: $2,000,000 *WORKERS COMPENSATION* Insurer: RetailFirst Insurance Company; Policy #: 52063798; Policy Term: 01/01/2025 - 01/01/2026 Limits: As shown on Page 1. NAMED INSUREDS: Phelan Holdings, Inc. Pinchers Crab Shack - Fort Myers Beach, Inc. Pinchers Crab Shack of Naples, Inc. Texas Tony’s BBQ Shack Inc Insurer: Bridgefield Casualty Insurance Company; Policy #: 19662486; Policy Term: 01/01/2025 - 01/01/2026 Page 1786 of 4096 FORM NUMBER: EFFECTIVE DATE: The ACORD name and logo are registered marks of ACORD ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE FORM TITLE: Page of THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01) AGENCY CUSTOMER ID: LOC #: AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE © 2008 ACORD CORPORATION. All rights reserved. AssuredPartners of Florida, Naples PHELHOL-01 SEE PAGE 1 2 SEE PAGE 1 ACORD 25 Certificate of Liability Insurance License # L077730 1 SEE P 1 Phelan Holdings, Inc. 1061 Collier Center Way Naples, FL 34110 SEE PAGE 1 SE2NJBEEDE 2 Limits: $1,000,000 Employers Liability - Each Accident $1,000,000 Employers Liability Disease - Each Employee $1,000,000 Employers Liability Disease - Policy Limit NAMED INSUREDS: 853 5th Ave. South #135, LLC (Pazzo) Bay House Restaurant, LLC CJ's - Phelan Families, LLC Deep Lagoon - Casey Key, LLC Deep Lagoon - Fort Myers, LLC Deep Lagoon - Fort Myers Beach, LLC Deep Lagoon - North Naples, LLC Deep Lagoon-Pelican Bay, LLC Deep Lagoon Seafood of Marco, LLC Deep Lagoon-Waterside Place, LLC Pinchers Crab Shack of Downtown Ft Myers, Inc Phelan Chops Bonita #134, LLC Phelan Chops Naples #133, LLC Phelan Family Properties - Bay House, LLC Phelan-Hogfish 138, LLC Phelan Properties of Casey Key, LLC Phelan's on 5th #136, LLC (Keewaydin's) Pinchers Crab Shack of Key West, Inc Pinchers Crab Shack of Lakewood Ranch, Inc Pinchers Crab Shack of Tarpon Point, Inc Pincher's Crab Shack of Wiregrass, Inc Pinchers of Bonita Crossings Inc. Pinchers of Florida, LLC Pinchers of Venice, LLC Texas Tony's of Cape Coral, LLC Woodys Pine Island, LLC Insurer: RetailFirst Insurance Company; Policy #: 52063799; Policy Term: 01/01/2025 - 01/01/2026 Limits: $1,000,000 Employers Liability - Each Accident $1,000,000 Employers Liability Disease - Each Employee $1,000,000 Employers Liability Disease - Policy Limit NAMED INSURED: Pincher's Crab Shack of GCTC, Inc. Collier County Board of COunty Commissioners is included as Additional Insured for any and all work performed on behalf of Collier County when required by written contract. Page 1787 of 4096 Page 1788 of 4096 Page 1789 of 4096 Page 1790 of 4096 Page 1791 of 4096