#25-8360 (Texas Tony's BBQ Shack Inc.) REVENUE GENERATING AGREEMENT
# 25-8360
for
North Collier Regional Park Food Services
THIS AGREEMENT, made and entered into on this 5 day of y 2025
by and between Texas Tonv's BBO Shack Inc ,/authorized to
do business in the State of Florida, whose business address is4519 Tamiami Trail East
Naples, FL 34103 , (the "Contractor") and Collier
County, a political subdivision of the State of Florida, (the "County"):
WITNESSETH:
1. AGREEMENT TERM. The Agreement shall be for a three (3 ) year period, commencing
IT upon the date of Board approval; Of II ee and terminating three
( 3 ) year(s) from that date.
The County may, at its discretion and with the consent of the Contractor, renew the Agreement
under all of the terms and conditions contained in this Agreement for
two ( 2 ) additional one ( 1 ) year(s) periods. The County shall give the
Contractor written notice of the County's intention to renew the Agreement term prior to the end
of the Agreement term then in effect.
The County Manager, or his designee, may, at his discretion, extend the Agreement under all of
the terms and conditions contained in this Agreement for up to one hundred and eighty (180)
days. The County Manager, or his designee, shall give the Contractor written notice of the
County's intention to extend the Agreement term prior to the end of the Agreement term then in
effect.
2. COMMENCEMENT OF SERVICES. The Contractor shall be open for business to the public no
later than thirty (30) days after the date of this Agreement as evidenced by a Notice to Proceed.
3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and
conditions of Invitation to Negotiate ( ITN ) # 25-8360 , including all
Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made
an integral part of this Agreement.
The Contractor shall also provide services in accordance with Exhibit A — Scope of Services
attached hereto. It is not permissible for other County divisions or governmental entities to utilize
the Agreement.
3.1 This Agreement contains the entire understanding between the parties and any modifications to this
Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's
Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are
authorized.
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4. THE AGREEMENT SUM. The Contractor shall pay the County for the performance of this
Agreement based on Exhibit B- Fee Schedule, attached hereto.
5. DEFAULT IN PAYMENT. If the payment of consideration and accumulated daily penalties are
not received within thirty (30) days after the normal monthly due date, then the County may
take possession of the Contractor's assets on County property and may terminate this
Agreement. A monthly report as identified in Section 5 shall also be submitted to the Director
of Parks and Recreation or Designee, by the fifteenth (15th) of each month. This report shall
accompany the monthly Statement of Gross Receipts and shall be subject to audit. Contractor's
failure to remit any such payment or produce the reports shall be considered a material breach
of the Agreement.
6 MONT4 i v QE t
, •
to produce these required monthly reports shall be considered a material breach of the
The Contractor shall provide the County a copy of its Statc Sales and Usc Tax Report, as
prescribed by the State e# Florida ,avenue
http://dor.myflorida.com/dor/taxcc/sales tax.html#tab1.
7. FINANCIAL REVIEW. RECORDS. AUDIT. The Contractor shall provide, at its expense, an
annual independent review of the Contractor's financial records. The purpose of this review is
to substantiate that the County has been compensated in accordance with this Agreement.
The Contractor shall establish and maintain such records as now exist and may hereafter be
prescribed by the County in the future to provide evidence that all terms of this Agreement have
been and are being observed. The Contractor grants to the County the right and authority to
audit all records, documents, and books pertaining to the concession operations. Such audit
will be conducted at locations and at a frequency determined by the County and communicated
to the Contractor. The Contractor agrees to provide materials for the audit at the place
designated by the County within three (3) business days after the County's notice to do so is
received by Contractor, all at no cost to the County.
8. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the Work.
Collier County, Florida as a political subdivision of the State of Florida, is exempt from the
payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of
Exemption # 85-8015966531C.
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9. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed
or emailed to the Contractor at the following:
Company Name: Texas Tony's BBQ Shack Inc.
Address: 4519 Tamiami Trail East
Naples, FL. 34103
Authorized Agent: Kathleen Phelan
Attention Name & Title:
Telephone:
Email(s): kathleenaphelanbrands.com
All Notices from the Contractor to the County shall be deemed duly served if mailed or
emailed to the County to:
Board of County Commissioners for Collier County, Florida
Division Name: Parks and Recreation
Division Director: James Hanrahan
Address: 15000 Livingston Road
Naples, FL. 34109
Contract Administrator: Ahmed El
Telephone: 239-963-5092
Email(s): Ahmed.El@colliercountyfl.gov
The Contractor and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in writing.
10. NOT A LEASE. No part, parcel, building, structure, equipment or space is leased to the
Contractor. The Contractor is not a lessee. The Contractor's right to operate the concession
shall continue only so long as the concession operation complies with the undertakings,
provisions, agreements, stipulations and conditions of this Agreement.
11. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent
of the County.
12. FACILITIES. The Contractor shall maintain sanitary, neat and safe facilities and orderly
operations at all times to ensure a maximum value to guests. The Contractor acknowledges it
is assuming responsibility for managing the Concession Operations Areas in its current "as is"
condition and in good order.
13. MAINTENANCE AND REPAIRS. The concessionaire shall to the satisfaction of the Director
of CCRPD or authorized representative to provide normal and routine daily, monthly, yearly
maintenance of the facilities, designed to keep the premises and equipment in a good state of
repair, free from hazardous conditions and deterioration, thus providing for the comfort and
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safety of visitors and patrons. Maintenance is to include but is not limited to bi-annual hood
system cleaning, power-washing of the deck where concession operation is based, cleaning
of tables, chairs and trash facilities in the concession area, and the cleaning and maintenance
of grease traps if grease traps are a part of this operation per the grease trap permitting
requirements of- nd. Any improvements to an existing structure must be approved in
writing by the CCRPD Director or designee. All structures and improvements shall become the
property of Collier County at the end of the resultant Agreement. Any alterations made for the
benefit of the concessionaire shall be paid for by the concessionaire.
14. TRASH. RUBBISH AND GARBAGE REMOVAL. The County will provide all garbage, trash
and rubbish receptacles within the confines of the area. The concessionaire shall be
responsible for the pickup and removal of all rubbish, trash and garbage including removal of
trash from the concession area to the dumpster. The concessionaire agrees to perform daily
removal of litter in the immediate exterior area within fifty (50) feet of the concession.
15. POINT OF SALE EQUIPMENT: The concessionaire must use point-of-sale (POS) electronic
cash machines or other electronic accounting control equipment for the proper control of cash
payments. Point of Sale reports must be maintained and made available upon demand during
the entire term of the resultant Agreement with Collier County. All electronic cash equipment
and accounting procedures must be approved by the Collier County Finance Department. All
sales must be accompanied by a receipt to the customer.
16. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary
for the prosecution of the Work shall be obtained by the Contractor. The County will not be
obligated to pay for any permits obtained by Subcontractors.
Payment for all such permits issued by the County shall be processed internally by the County. All non-
County permits necessary for the prosecution of the Work shall be procured and paid for by the
Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on
the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier
County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor
agrees to comply with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
17. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in
any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or
for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or
regulation, or of any governmental rule or regulation now in effect or hereafter enacted or
adopted. In the event of such violation by the Contractor or if the County or its authorized
representative shall deem any conduct on the part of the Contractor to be objectionable or
improper, the County shall have the right to suspend the Agreement of the Contractor. Should
the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the
County within twenty-four (24) hours after receiving notice of such violation, conduct, or
practice, such suspension to continue until the violation is cured. The Contractor further agrees
not to commence operation during the suspension period until the violation has been corrected
to the satisfaction of the County.
18. FORCE MAJEURE. If closure of the facilities or loss of equipment, of either or all facilities, is
due to unforeseeable causes beyond the control of Contractor, and not due to its own fault or
neglect, including but not restricted to, acts of nature or of public enemy, acts of government
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or of the County, fires, floods, hurricanes, civil disorder, epidemics, quarantine regulations,
strikes or lock-outs, etc., the County will allow pro rata adjustment of monthly payments up to
the time such damage is repaired and/or the loss of time related to the closure of the facilities.
The County must be made aware of the time of closure within forty-eight (48) hours up to the
time the damage is repaired or other circumstances return to normal.
19. CONTRACTOR NOT TO REMOVE PROPERTY. Contractor shall not remove from the
Concession Operations Areas any personal property brought thereon or any replacements
thereto by the Contractor for the purpose of this Agreement, except such items as may be
removed with the express written permission of the Director of Parks and Recreation, or
Designee. Upon expiration of the term specified in Section 1, if the Contractor has made full
payment under this Agreement and has fully complied with the terms of this Agreement,
Contractor may remove personal property from the County facilities and shall do so within
fifteen (15) days following the expiration of this Agreement, provided such personal property
must be removed without damage to the premises. On Contractor's failure to do so, the County
may cause same to be removed and stored at the cost and expense of the Contractor, and the
County shall have a continuing lien thereon in the amount of the cost and expense of such
removal and storage until paid, and County may sell such personal property and reimburse
itself for such costs and expense, plus all expenses of the sale.
20. COOPERATION. The Contractor agrees to cooperate with the County in the conduct of
surveys and to provide reports of visitor usage of all concession services, as requested by the
Director of Parks and Recreation or Designee. The County shall provide Contractor with
advance notice of any special event and shall coordinate with the Contractor regarding same.
County shall provide Contractor with notice of the availability of plans for any remodeling of the
facilities.
21. INSPECTION. The County reserves the right to conduct unscheduled inspections at any time
by an authorized representative of the Director of Parks and Recreation, or by any other agency
having responsibility for inspections of such operations. Contractor shall undertake
immediately the correction of any deficiency as cited by such inspectors; failure to comply shall
be considered a material breach of the Agreement.
22. WAIVER OF INTFRFfRENCE. The Contractor hereby waives all claims for compensation for
loss or damage sustained by reason of any interference with the concession operation by any
public agency or official in enforcing their duties or any laws or ordinances. Any such
interference shall not relieve the Contractor from any obligation hereunder.
23. WAIVER OF L0§8 FROM KAZARD. The Contractor hereby expressly waives all rights, claims,
and demands and forever releases and discharges the County from all demands, claims, actions
and causes of action arising from this Agreement, except intentional torts.
24. NO LIENS. Contractor will not suffer or, through its actions or by anyone under its control or
supervision, cause to be filed upon the property any lien or encumbrance of any kind. In the
event any lien is filed, Contractor shall cause such lien to be discharged within ten (10) days
after written notice to do so from the County.
25. ORDERLY OPERATIONS, ETC. The Contractor shall have a neat and orderly operation at all
times and shall be solely responsible for necessary housekeeping services to properly maintain
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the premises. There shall be no living quarters, nor shall anyone be permitted to live on the
premises.
26. EMPLOYEES; MANAGER. The Contractor shall employ people to work at this facility who are
neat, clean, well-groomed and courteous. All employees shall observe all the graces of personal
grooming. Subject to the American with Disabilities Act, Contractor shall supply competent
employees, who are physically capable of performing their employment duties and the County
may require the Contractor to remove an employee it deems careless, incompetent,
insubordinate or otherwise objectionable and whose continued employment on Collier County
property is not in the best interest of the County. All Contractor employees shall wear shirts and
shorts with the Contractor's logo or other identifying marking. The Contractor shall have an
experienced manager overseeing the concession operations at all times when open for
business. When the manager is absent, the operation shall be directed by an assistant manager,
experienced and trained in Concession operations and at least twenty-one (21) years of age. All
managers will be Food Safe Compliant with all State of Florida and Collier County "Serve Safe"
requirements and licenses. There shall be an after-hours contact person available by telephone
and the contact phone number shall be provided to the Director of Parks and Recreation, or
Designee.
Background checks must be conducted on all employees prior to performing services at the
concessions which is to be conducted by the County's Facilities Management staff at the
expense of the Contractor. The Contractor must have a drug and alcohol policy consistent with
County Policies (CMA 5312).
27. HOURS OF OPERATION. During the term of this Agreement concession will be adequately
staffed on days and.times identified in Exhibit A of this Agreement and as approved by the Parks
and Recreation Director or designee. Days and hours will be posted and any changes from
posted hours will be communicated within seven (7) days of the change. The operation should
continue throughout the year Including applicable holidays.
The Contractor may open additional days, subject to prior written approval of the Director of
Parks and Recreation or Designee. All hours and days of operation shall be conspicuously
posted and easily read by park visitors. Any changes from posted hours and days will be
communicated within seven (7) days of the change.
The Contractor shall be responsible to the Director of Parks and Recreation Division for the
satisfactory and courteous operation of the programs and concessions.
28. NO IMPROPER USE. The Contractor 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 of any governmental rule or regulation now in effect or hereafter enacted or
adopted.
In the event of any violation of this Agreement by the Contractor, or if the County or its authorized
representative shall deem any conduct on the part of the Contractor to be objectionable or
improper, the County shall have the right to suspend the operation of the concession. Should the
Contractor fail to promptly correct any such violation, conduct, or practice to the satisfaction of
the County within twenty-four (24) hours after receiving notice of such violation, conduct, or
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practice, such suspension shall continue until the violation is cured. The Contractor further
agrees not to commence operation during such suspension period until the violation has been
corrected to the satisfaction of the County.
29. NO DISCRIMINATION. There shall be no discrimination as to race, gender, color, creed or
national origin in the operations referred to by this Concession Agreement; and further, there
shall be no discrimination regarding any use, service, maintenance, or operation of the premises.
All facilities located on the premises shall be made available to the public, subject to the right of
the Contractor to establish and enforce rules and regulations to provide for the safety, orderly
operation and security of the facilities.
30. NO DANGEROUS MATERIALS. The Contractor shall not use or permit in the facilities the
storage of illuminating oils, oil lamps, turpentine, benzine, naphtha, or other similar substances,
or explosives of any kind, or any substance or articles prohibited in the standard policies of fire
insurance companies doing business in the State of Florida.
31. COUNTY CONTROL COUNTY PARK CONCESSION. Nothing in this Agreement will preclude
the County from using the public areas of the County facilities for public and/or civic purposes.
In the event of occurrences previously mentioned, the Contractor will be notified, as deemed
necessary by the Director of Parks and Recreation or Designee.
32. FLORIDA LAW. This Agreement shall be governed by and construed in accordance with the
Laws of the State of Florida.
33. VEHICLES IN PARK. Vehicles are allowed in the areas only where roadways are provided.
Vehicles shall park only in areas designated by the County for vehicle parking. Any vehicles that
are to be used for concessions must have prior written approval of the Parks and Recreation
Director or Designee.
34. STORAGE. Contractor shall obtain approval for any storage of equipment in County facilities
from the appropriate permitting agencies. No overnight storage of any kind shall take place on
the premises unless approved in writing by the Director of Parks and Recreation or Designee
and is contingent upon approval of the appropriate permitting agency. Equipment (i.e., chairs,
umbrellas, paddleboards) stored on the beach must be removed from the peach, consolidated,
and secured alorig"the edge'of the dune line before 9:30 p.m. daily. During sea turtle nesting
season (May 1 - October 31). The storage of equipment on the beach must comply with sea
turtle protection as outlined in Collier County LDC 9.04.06.H.3.
35. STORM WARNING. Upon declaration of a hurricane projecting an imminent strike, or the
implementation of evacuation procedures from Collier County, Contractor shall meet with the
Director of Parks and Recreation or Designee for the formulation of plans for the removal of all
perishable goods and to ensure the concession site has been properly secured for hurricane
approach. Contractor is required to secure all items owned and maintained by the Contractor.
36. CONTAINERS. The sale of items in glass containers is not permitted. The County has a recycle
program in place and the Contractor is required to comply with that program with respect to the
disposal of containers. Straws are prohibited.
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37. SAFETY AND SECURITY. The Contractor must provide at its expense any security measures
to protect its area, equipment and materials. Such security measures may not violate any other
restriction(s) of this Agreement. The County will not assume any responsibility for Concession
Operations Areas security or alarms other than the security cameras at common areas and
routine law enforcement patrols by Collier County Park Ranger patrols. Smoke, fire or fume
activation within the Contractor's work area, and the reporting of those activations to the County
is the responsibility of the Contractor.
In the event of any emergencies, safety or security accident or incident to employees, visitors,
and/or property the Contractor must communicate to the Director of Parks and Recreation, or
Designee, immediately followed by a written incident report. The Contractor is to have a written
safety and security plan for the Concession Operations Areas. The Contractor will cooperate
with all jurisdictional law enforcement agencies and personnel.
38. SIGNAGE. The Contractor shall provide, at his sole expense, required signs at all public
approaches to the Concession. All signage, advertising and posting shall be as approved by
the Director of the Parks and Recreation Division or Designee. Signs that will be used for
advertising purposes shall be constructed and maintained to County standards as defined by
the Code Compliance Department. The use of the Collier County Logo is prohibited.
39. CONCESSION piticgS. All prices must be displayed a nd;vis;iblq by the Concessionaire's
Customers: All ugh prises'and fees must be approved iry writing by the piredtor of Parks and
Recreation or Designee.`'The Concessionaire may request in writing'to sell additional products
or provide additional related services at any time during the term of the Agreement. The County
reserves the right to accept, or reject, those additional products or services at its sole discretion.
The Concessionaire shall sell only those items approved in writing by the County.
40. TERMINATIQN. Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County as per this Agreement, the County may terminate said
Agreement for cause; further the County may terminate this Agreement for convenience with a
thirty (30) day written notice. The County shall be the sole judge of non-performance.
In the event that the County terminates this Agreement, Contractor's recovery against the
County shall be limited to that portion of the Agreement Amount earned through the date of
termination. The Contractor shall not be entitled to any other or further recovery against the
County, including, but not limited to, any damages or any anticipated profit on portions of the
services not performed.
41. NO DISCRIMINATION.The Contractor agrees that there shall be no discrimination as to race, sex, color,
creed or national origin.
42. INSURANCE. The Contractor shall provide insurance as follows:
A.A Commercial General Liability: Coverage shall have minimum limits of$1,000,0Q0
Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent Contractors; Products and
Completed Operations and Contractual Liability.
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Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This
shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership.
C. II Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limitof$100,000 for each
accident.
D. I $
Special Requirements: Collier County Board of County Commissioners, OR, Board of County
Commissioners in Collier County, OR, Collier County Government shall be listed as the
Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for
Commercial General Liability where required. This insurance shall be primary and non-
contributory with respect to any other insurance maintained by, or available for the benefit of, the
Additional Insured and the Contractor's policy shall be endorsed accordingly.
Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Contractor during the duration of this Agreement. The Contractor shall provide County with
certificates of insurance meeting the required insurance provisions. Renewal certificates shall
be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under
the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior
written notice, or in accordance with policy provisions. Contractor shall also notify County, in a
like manner, within twenty-four(24) hours after receipt, of any notices of expiration, cancellation,
non- renewal or material change in coverage or limits received by Contractor from its insurer,
and nothing contained herein shall relieve Contractor of this requirement to provide notice.
Contractor shall ensure that all subcontractors comply with the same insurance requirements
that the ContrWQr i$ required to meet.
43. JNDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend,
indemnify and hold harmless Collier County, its officers and employees from any and all liabilities,
damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals'fees,
whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory
violations, or from personal injury, property damage, direct or consequential damages, or economic loss,
to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor
or anyone employed or utilized by the Contractor in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies
which otherwise may be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier County.
43.1 The duty to defend under this Article 13 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor,
County and any indemnified party. The duty to defend arises immediately upon presentation of
a claim by any party and written notice of such claim being provided to Contractor. Contractor's
obligation to indemnify and defend under this Article 13 will survive the expiration or earlier
termination of this Agreement until it is determined by final judgment that an action against the
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County or an indemnified party for the matter indemnified hereunder is fully and finally barred
by the applicable statute of limitations.
44. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by Parks and Recreation
45. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall
acquire no interest, either direct or indirect, which would conflict in any manner with the
performance of services required hereunder. Contractor further represents that no persons
having any such interest shall be employed to perform those services.
46. APPLICABILITY, Only the sections corresponding to any checked box ( ■) will apply to this
Agreement.
47. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following
component parts, all of which are as fully part of the Agreement as if herein set out verbatim:
Contractor's Proposal, Insurance Certificates, Exhibit A Scope of Services, Exhibit B Fee
Schedule, U Exhibit C — Affidavit Regarding Labor and Services,
(-R-F-R); • , Attachments
and Addenda/Addendum and Other: Invitation to Negotiate (ITN)
48. PRQNI61TION QF GIFTS TQ$Q JNTY EMPLOYEES. No organization or individual shall offer
or give, either directly or Indirectly, any favor, gift, loan, fee, service or other item of value to any
County employee, as set forth in Chapter 112, Part Ill, Florida Statutes, Collier County Ethics
Ordinance No. 20Q4-()5, es iimended, and County Administrative Proo'edure 531.1, Violation of
this provision may refiult In one or more of the following consequences: . Prohibition by the
individual, firm, and/or any employee of the firm from contact with County staff for a specified
period of time; b. Prohibition by the individual and/or firm from doing business with the County
for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes;
and, c. immediate termination of any Agreement held by the individual and/or firm for cause.
49. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is
formally acknowledging without exception or stipulation that it agrees to comply, at its own
expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and
requirements applicable to this Agreement, including but not limited to those dealing with the
Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations
relating thereto, as either may be amended; taxation, workers' compensation, equalemployment
and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and
the Florida Public Records Law Chapter 119, including specifically those contractual requirements
at F.S. § 119.0701(2)(a)-(b) as stated as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT:
Communication and Customer Relations
Division 3299 Tamiami Trail East, Suite 102
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Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: PublicRecordRequestacolliercountvfl.qov
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in
this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Contractor
does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required
by the public agency to perform the service. If the Contractor transfers all public
records to the public agency upon completion of the contract, the Contractor shall
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If the Contractor keeps and maintains public
records upon completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be provided to
the public agency, upon request from the public agency's custodian of public records, in a
format that i compatible with the information technology systems;of the public agency.
If Contractor observes that the Contract (Documents are at variance therewith, it shall promptly
notify the County in writing. Failure by the Contractor to comply,with the laws referenced herein
shall constitute q breach of this Agreement -and the County shall have the discretion to
unilaterally terminate this Agreement immediately.
50. AGREEMENT TERMS, If any portion of this Agreement is held to be void, invalid, or otherwise
unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect.
51. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
Agreement in compliance with the Procurement Ordinance, as amended, and Procurement
Procedures.
52. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith effort to
resolve any such disputes by negotiation. The negotiation shall be attended by representatives
of Contractor with full decision-making authority and by County's staff person who would make
the presentation of any settlement reached during negotiations to County for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Contractor with full decision-making authority and by
County's staff person who would make the presentation of any settlement reached at mediation
to County's board for approval. Should either party fail to submit to mediation as required
Page 11 of 17
Revenue Generating Agreement (ver.1_2025)
CAO
hereunder, the other party may obtain a court order requiring mediation under section 44.102,
Fla. Stat.
53. VENUE, Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
54. AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this
Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform
investigations as may be deemed necessary to ensure that competent persons will be utilized in the
performance of the Agreement. The Contractor shall assign as many people as necessary to complete
required services on a timely basis, and each person assigned shall be available for an amount of time
adequate to meet required services.
55. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of
the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's
Board approved Executive Summary, the Contract Documents shall take precedence.
56. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or
any part herein, without the County's consent, shall be void. If Contractor does, with approval,
assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to
assume toward Contractor all of the obligations and responsibilities that Contractor has assumed
toward the County.
57. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended.
Background checks are valid for five (5) years and the Contractor shall be responsible for all
associated costs. If required, Contractor shall be responsible for the costs of providing background
checks by the Collier County Facilities Management Division for all employees that shall provide
services to the County under this Agreement. This may include, but not be limited to, checking
federal, state and local law enforcement records, including a state and FBI fingerprint check, credit
reports, education, residence and employment verifications and other related records. Contractor
shall be required to maintain records on each employee and make them available to the County
for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier
County Government Identification badges at all times while performing services on County
facilities and properties. Contractor ID badges are valid for one (1)year from the date of issuance
and can be renewed each year at no cost to the Contractor during the time period in which their
background check is valid, as discussed below. All technicians shall have on their shirts the name
of the contractor's business.
The Contractor shall immediately notify the Contract Administrator and the Collier County
Facilities Management Division via e- mail (DL-FMOPS(a colliergov.net) whenever an
employee assigned to Collier County separates from their employment. This notification is
critical to ensure the continued security of Collier County facilities and systems. Failure to notify
within four (4) hours of separation may result in a deduction of$500 per incident.
Page 12 of 17
Revenue Generating Agreement(ver.1_2025)
IN WITNESS, WHEREOF, the Contractor and the County, by an authorized person or agent, have
executed this Agreement on the date and year first above written.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
Crystal K. Kitlzel;} erk' f.Courts &
Comptrol
By: • By:
B ...A1400044"
. Saunders , Chairman
Dated: -/ G `
Attest as to Chairman's
signature only
Contractor's Witnesses: Contractor: Texas Tony's BBQ Shack Inc.
By:
F1 fitness Signature
tiLIA-nedc` (e Icc.+x.?I'le-I a
Print Name and Title Print Name and Title
&'% ii
Second Witness
rekone rs.v OAcms-A-i.,_, HE_
Print Name and Title
*proved a to .or nd Le ality:
imp
_ _ , County Attorney
Page 13 of 17
Revenue Generating Agreement(ver.1_2025)
AS.)
Exhibit A
SCOPE OF SERVICES
III following this page (pages 1 through 4 )
Page 14 of 17
Revenue Generating Agreement(ver.1_2025)
Exhibit A- Scope of Services
#25-8360"North Collier Regional Park Food Services"
The 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.
In addition to the above,the athletic field concessions,including those serving the multipurpose fields and softball
fields,shall be open and properly staffed,at minimum,from 5:00 p.m.to 10:00 p.m.,Monday through Thursday,
based on the athletic programming schedule.Weekend operations shall be conducted based on scheduled athletic
programming and events.
Athletic programming schedules are determined by the Collier County Parks and Recreation Division and are
subject to change based on community needs, league coordination, and event planning. As such, concession
operational hours may vary accordingly.The Vendor shall maintain flexibility in scheduling and coordinate with
the designated Parks and Recreation staff to ensure concession availability aligns with programming demands
and provides appropriate service to park patrons.
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 Contract Administrator
("County's Contract Administrator")and held at the NCRP throughout the year.The Contract Administrator will
Page 1 of 4
Exhibit A—Scope of Services
CAO
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 the 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 Contract Administrator.
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.
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 the established Fee Schedule found in Exhibit B of the
resultant agreement.
Page 2 of 4
Exhibit A—Scope of Services
CAO
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 right to operate the concession shall continue only so long as the concession operation complies with
the undertakings,provisions,agreements,stipulations and conditions of this Agreement.
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 Contract Administrator determines the equipment is non-functioning, the
County's Contract Administrator 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 Administrator 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.
The Vendor will be responsible for providing internet access.
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 County's Contract Administrator 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 litter in the immediate exterior area within fifty (50)feet of the concession.
The County shall be responsible for the removal 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 contract.
• 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
Page 3 of 4
Exhibit A—Scope of Services
CAO
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,
naphtha, or other similar substances, or explosives of any kind, or any substance or articles prohibited in the
standard policies of fire insurance companies doing business in the State of Florida.
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.
19. Golf Carts
The County has on site a couple of golf carts for use but cannot guarantee availability. The Vendor may
purchase their own golf carts(electric or gas)for use on premises.
Page 4 of 4
Exhibit A—Scope of Services
CN.a
Exhibit B
Fee Schedule
N following this page (pages 1 through )
Page 15 of 17
Revenue Generating Agreement(ver.1_2025)
CAO
Exhibit B—Fee Schedule
#25-8360 "North Collier Regional Park Food Services"
Total Square Feet 1,714.60 sq ft.
Cost per Square Foot/Year $15.00
Total Cost per Year $25,719.00
Vendor agrees to pay the annual payment(in the amount of$25,719.00 plus applicable taxes) in
accordance with the following schedule:
1. First Year of the Agreement:
1. An initial payment equal to twenty-five percent(25%)of the of the total annual payment
shall be due no later than ninety(90)days from the day of contract execution.
2. The remaining seventy-five percent(75%)of the first year's annual payment shall be due
no later than 365 days from the day of contract execution.
2. Subsequent Years:
1. For each subsequent year, one lump sum annual payment shall be due on the anniversary
of the Effective Date of this Agreement.
Payment Schedule Breakdown for the initial three-year term of this agreement:
Amount Tax(2.0%) Total Fee Due Date
•
$6,429.75 (25%of $128.60 $6,558.35 90 calendar days from
annual fee) contract execution
$19,289.25 (75% of $385.79 $19,675.04 1 year(365 calendar
annual fee) days)from contract
execution
$25,719.00 $514.38 $26,233.38 2 years(730)calendar
days from contract
execution
$25,719.00 $514.38 $26,233.38 3 years(1,096 calendar
days)from contract
execution
Potential Payment Schedule Breakdown for the renewal optional of this agreement(To be effective
upon the execution of the renewal term):
Amount Tax(2.0%) Total Fee Due Date
$25,719.00 $514.38 $26,233.38 4 years(1,461 calendar
days)from contract
execution
$25,719.00 $514.38 $26,233.38 5 years(1,826 calendar
days)from contract
execution
Page 1 of 1
Exhibit B—Fee Schedule
Exhibit C
Affidavit Regarding Labor and Services
Following this Page
Page 16 of 17
Revenue Generating Agreement (ver.1_2025)
CIO
AFFIDAVIT REGARDING LABOR AND SERVICES
Effective July 1, 2024, pursuant to§787.06(13), Florida Statutes,when a contract is executed, renewed,or extended
between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the
governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under
penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services.
Nongovernmental Entity's Name:
Address: -Tye s /�fN -5 ,/3' /�,f
Phone Number: /�6/ � �` Ell' ��/r`}Y /y��'l 1ZYil�^�
Authorized Representative's Name:
4rHL-ni Ple:Zgry
Authorized Representative's Title:
Email Address:
AFFIDAVIT
I, t r /Z /1 4/C-7 J/V (Name of Authorized Representative),as authorized representative attest
that'jc 05 ,U,`S."3/g . (Name of Nongovernmental Entity)does not use coercion for labor or
services as defined in§787.06,Florida Statutes.
Under penalty of perjury, I declare that I have read the foregoing Affidavit and that the facts stated in it are true.
(Signature of authorized representative) Date
STATE OF
COUNTY OF C,ql ri-(17
Sworn to(or affirmed)and subscribed before me, by means of(6physical presence or Cl online notarization this
y] day of(7.4.1.Aj ,20 25, by \(Name of Af lant),who produced their
as identification or are personally known to me.
Notary Public ��"""�� HANNAH FALKENBURG
_:° ��� ��gNotary Public-State of Florida
�z= Commission#HH 464468
(GI 20 2? niii►�o<s
� d;; My Commission Expires
Commission Expired February 19, 2p28
Personally Knowiy6bR Produced Identification
Type of Identification Produced:
CONTRACT,RENEWAL,OR EXTENSION REQUEST FORM Version:2025.1
Other Exhibit/Attachment
Description: N/A
II following this page (pages through )
IN this exhibit is not applicable
Page 17 of 17
Revenue Generating Agreement(ver.1_2025)
CAO