Backup Documents 03/10/2026 Item #16A11 1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 fi A 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney
Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney
Office no later than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with
the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Risk Risk Management
2. County Attorney Office County Attorney OfficeJ-
4. BCC Office Board of County
Commissioners Dfr J,v/ I3i 3//(j/t
4. Minutes and Records Clerk of Court's Office `
*igloo
5. Procurement Services Procurement Services
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event
one of the addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Deidra De La Cruz/Procurement, Contact Information 239-252-8950
Contact/Dept trnent
Agenda Date Item was March 10,2026 Agenda Item Number 16.A.11
Approved by the BCC
Type of Document ITN Number of Original 1
Attached Documents Attached
PO number or account N/A 25-8413 25-8413
number if document is Barefoot Beach Florida Beach Services,
to be recorded Concession Services LLC
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature STAMP OK N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be dd
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the dd
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's dd
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on March 10,2026,and all changes made n/A is not
during the meeting have been incorporated in the attached document. The County 1/10 an option for
Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the 1.1 N/A is not
BCC, all changes directed by the BCC have been made,and the document is ready for the (tutvi an option for
Chairman's signature. this line.
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REVENUE GENERATING AGREEMENT
#25-8413
BAREFOOT BEACH CONCESSION SERVICES
THIS AGREEMENT, made and entered into on this 10 ' day of 010L. 2026, by
and between FLORIDA BEACH SERVICES LLC authorized to do business in the State of Florida,
whose business address is 304 Turtle Hatch Road Naples, FL 34103, (the "Contractor") and Collier
County, a political subdivision of the State of Florida, (the "County"):
WITNESS ETH:
1. AGREEMENT TERM. The Agreement shall be for a three (3) year period, commencing
upon the date of Board approval; ef-n-en 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 the County Manager's designee, may extend the Agreement under
all of the terms and conditions contained in this Agreement for up to one hundred and eighty
(180) days. The County Manager, or designee, shall give the Contractor written notice of the
County's intention to extend the Agreement term prior to the end of the Agreement term then
in effect.
2. 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) # 25-8413, 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. The Contractor shall provide those services with its own employees or by
subcontracting for specialized services through subcontractors approved by the County.
Notwithstanding whether the Contractor utilizes its own employees or subcontractor services,
the Contractor shall remain fully responsible for all services performed under the Agreement. A
subcontractor is any person or entity who is performing, furnishing, supplying, or providing any
portion of the Scope of Services pursuant to a contract with the Contractor. The Contractor shall
be solely responsible for and have control over its subcontractors. For convenience, any
reference herein to persons performing services under the agreement working on behalf of the
Contractor, whether they are actually the Contractor's employees or personnel, includes
subcontractors notwithstanding the legal distinction. It is not permissible for other County
divisions or governmental entities to utilize the Agreement.
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3.1 Subcontracts. The Contractor shall keep on file a copy of the license for every subcontractor
performing any portion of the Scope of Services. All subcontracts between the Contractor and
the subcontractor shall be in writing and are subject to the County's approval. Further, all
subcontracts shall: (1) require each subcontractor to be bound to the Contractor to the same
extent that the Contractor is bound to the County by the terms of the County's Revenue
Generating Agreement with the Contractor, as those terms may apply to the portion of the Scope
of Services to be performed by the subcontractor, (2) provide for the assignment of the
subcontract from the Contractor to County at the election of the County upon any termination of
the Contractor, (3) provide that the County will be an additional indemnified party of the
subcontract for services to be performed by the subcontractor, (4) provide that the County, Collier
County Government, will be an additional insured on all liability insurance policies required to be
provided by the subcontractor except Workers' compensation, and identify the County as an
intended third-party beneficiary of the subcontract. The Contractor shall make available to any
subcontractor that it intends to retain to provide any portion of the Scope of Services, a copy of
the Revenue Generating Agreement with the County so that it understands the terms upon which
it is to be bound prior to the execution of the subcontract.
3.2 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.
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 Agreement Sum 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. Prior to termination and seizure of Contractor's assets, the County will provide five
(5) days written notice to the Contractor's Authorized Agent's email address listed in numbered
paragraph 8 of the Agreement. In addition, the County will verbally attempt to contact the
Contractor at the phone number listed for its Authorized Agent to address any payment issues
or potential payment processing mistakes. The Parties agree to work cooperatively and in good
faith to address any such issues.
In the event the Contractor fails to pay the Agreement Sum within five (5) days of such due
date, there shall be a late charge of fifty dollars ($50.00) per day. The County shall provide
advance written notice of its intent to assess late charges via email to the Contractor's
Authorized Agent. In the event that it is determined that a late payment or the assessment of a
late payment charge is a result of the County's payment processing systems, the late charge
will be withdrawn and any amount assessed reimbursed to the Contractor.
6. FINANCIAL REVIEW. RECORDS. AUDIT. The Contractor shall provide, at its expense, an
annual independent review of the Contractor's financial records.
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
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audit all records, documents, and books pertaining to the concession operations. Such audit
will be conducted at locations and at a frequency determined by the County and communicated
to the Contractor. The Contractor agrees to provide materials for the audit at the place
designated by the County within three (3) business days after the County's notice to do so is
received by Contractor, all at no cost to the County.
7. SALES TAX, Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the Work.
Collier County, Florida as a political subdivision of the State of Florida, is exempt from the
payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of
Exemption # 85-8015966531C.
8. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed
or emailed to the Contractor at the following:
Company Name: Florida Beach Services LLC
Address: 304 Turtle Hatch Road
Naples, FL 34103
Authorized Agent: Robert Kiffnev
Attention Name & Title: President
Telephone: 443-514-8107
Email: kiffnevpgmail.com
All Notices from the Contractor to the County shall be deemed duly served if mailed or
emailed to the County to:
Board of County Commissioners for Collier County, Florida
Division Name: Parks and Recreation Division
Division Director: James Hanrahan
Address: 15000 Livinqston Road
Naples, FL 34109
Contract Administrator: James Hanrahan
Telephone: 239-252-4067
Email: James.Hanrahantacollier.gov
The Contractor and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in writing.
9. 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.
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10. 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.
11. 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.
12. MAINTENANCE AND REPAIRS. The Contractor shall to the satisfaction of the Director of
Collier County Parks and Recreation Division (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 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 Marco Island. 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 Contractor shall be
paid for by the Contractor.
13. TRASH. RUBBISH AND GARBAGE REMOVAL. The County will provide all garbage, trash
and rubbish receptacles within the confines of the area. The Contractor shall be responsible
for any additional pickup and removal of all rubbish, trash and garbage including removal of
trash from the concession area to the dumpster. The Contractor agrees to perform daily
removal of litter in the immediate exterior area within fifty (50) feet of the concession.
14. POINT OF SALE EQUIPMENT: The Contractor 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.
15. 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.
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16. 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.
17. FORCE MAJEURE. If closure of the facilities or loss of equipment, of either or all facilities, is
due to unforeseeable causes beyond the control of Contractor, and not due to its own fault or
neglect, including but not restricted to, acts of nature or of public enemy, acts of government
or of the County, fires, floods, hurricanes, civil disorder, epidemics, quarantine regulations,
strikes or lock-outs, etc., the County will allow pro rata adjustment of monthly payments up to
the time such damage is repaired and/or the loss of time related to the closure of the facilities.
The County must be made aware of the time of closure within forty-eight (48) hours up to the
time the damage is repaired or other circumstances return to normal.
18. 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.
19. 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.
20. 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.
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21. WAIVER OF INTERFERENCE. The Contractor hereby waives all claims for compensation for
loss or damage sustained by reason of any interference with the concession operation by any
public agency or official in enforcing their duties or any laws or ordinances. Any such
interference shall not relieve the Contractor from any obligation hereunder.
22. WAIVER OF LOSS FROM HAZARD. The Contractor hereby expressly waives all rights, claims,
and demands and forever releases and discharges the County from all demands, claims, actions
and causes of action arising from this Agreement, except intentional torts.
23. 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.
24. ORDERLY OPERATIONS, ETC. The Contractor shall have a neat and orderly operation at all
times and shall be solely responsible for necessary housekeeping services to properly maintain
the premises. There shall be no living quarters, nor shall anyone be permitted to live on the
premises.
25. EMPLOYEES; MANAGER. The Contractor shall employ people or subcontract with Florida
properly licensed entities 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/subcontractors, who are
physically capable of performing their employment duties and the County may require the
Contractor to remove an employee/subcontractor 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/subcontractors 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/subcontractors 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).
26. 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
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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.
27. 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
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.
28. NO DISCRIMINATION. There shall be no discrimination as to race, gender, color, creed or
national origin in the operations referred to by this Concession Agreement; and further, there
shall be no discrimination regarding any use, service, maintenance, or operation of the premises.
All facilities located on the premises shall be made available to the public, subject to the right of
the Contractor to establish and enforce rules and regulations to provide for the safety, orderly
operation and security of the facilities.
29. NO DANGEROUS MATERIALS. The Contractor shall not use or permit in the facilities the
storage of illuminating oils, oil lamps, turpentine, benzine, naphtha, or other similar substances,
or explosives of any kind, or any substance or articles prohibited in the standard policies of fire
insurance companies doing business in the State of Florida.
30. COUNTY CONTROL COUNTY PARK CONCESSION. Nothing in this Agreement will preclude
the County from using the public areas of the County facilities for public and/or civic purposes.
In the event of occurrences previously mentioned, the Contractor will be notified, as deemed
necessary by the Director of Parks and Recreation or Designee.
31. FLORIDA LAW. This Agreement shall be governed by and construed in accordance with the
Laws of the State of Florida.
32. VEHICLES IN PARK. Vehicles are allowed in the areas only where roadways are provided.
Vehicles shall park only in areas designated by the County for vehicle parking. Any vehicles that
are to be used for concessions must have prior written approval of the Parks and Recreation
Director or Designee.
33. STORAGE. Contractor shall obtain approval for any storage of equipment in County facilities
from the appropriate permitting agencies. No overnight storage of any kind shall take place on
the premises unless approved in writing by the Director of Parks and Recreation or Designee
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and is contingent upon approval of the appropriate permitting agency. Equipment (i.e., chairs,
umbrellas, paddleboards) stored on the beach must be removed from the beach, consolidated,
and secured along the edge of the dune line before 9:30 p.m. daily. During sea turtle nesting
season (May 1 - October 31). The storage of equipment on the beach must comply with sea
turtle protection as outlined in Collier County LDC 9.04.06.H.3.
34. STORM WARNING. Upon declaration of a hurricane projecting an imminent strike, or the
implementation of evacuation procedures from Collier County, Contractor shall meet with the
Director of Parks and Recreation or Designee for the formulation of plans for the removal of all
perishable goods and to ensure the concession site has been properly secured for hurricane
approach. Contractor is required to secure all items owned and maintained by the Contractor.
35. CONTAINERS. The sale of items in glass containers is not permitted. The County has a recycle
program in place and the Contractor is required to comply with that program with respect to the
disposal of containers. Plastic Straws are prohibited.
36. SAFETY AND SECURITY. The Contractor must provide at its expense any security measures
to protect its area, equipment and materials. Such security measures may not violate any other
restriction(s) of this Agreement. The County will not assume any responsibility for Concession
Operations Areas security or alarms other than the security cameras at common areas and
routine law enforcement patrols by Collier County Park Ranger patrols. Smoke, fire or fume
activation within the Contractor's work area, and the reporting of those activations to the County
is the responsibility of the Contractor.
In the event of any emergencies, safety or security accident or incident to employees, visitors,
and/or property the Contractor must communicate to the Director of Parks and Recreation, or
Designee, immediately followed by a written incident report. The Contractor is to have a written
safety and security plan for the Concession Operations Areas. The Contractor will cooperate
with all jurisdictional law enforcement agencies and personnel.
37. SIGNAGE. The Contractor shall provide, at his sole expense, required signs at all public
approaches to the Concession. All signage, advertising and posting shall be as approved by
the Director of the Parks and Recreation Division or Designee. Signs that will be used for
advertising purposes shall be constructed and maintained to County standards as defined by
the Code Compliance Department. The use of the Collier County Logo is prohibited.
38. CONCESSION PRICES. All prices must be displayed and visible by the Contractor's
customers. All such prices and fees must be approved in writing by the Director of Parks and
Recreation or Designee. The Contractor 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 Contractor shall sell only those items approved in writing by the County.
39. TERMINATION. Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County as per this Agreement, the County may terminate said
Agreement for cause; further the County may terminate this Agreement for convenience with a
thirty (30) day written notice. The County shall be the sole judge of non-performance.
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In the event that the County terminates this Agreement, Contractor's recovery against the
County shall be limited to that portion of the Agreement Amount earned through the date of
termination. The Contractor shall not be entitled to any other or further recovery against the
County, including, but not limited to, any damages or any anticipated profit on portions of the
services not performed.
40. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
41. INSURANCE. The Contractor shall provide insurance as follows:
A. EX Commercial General Liability: Coverage shall have minimum limits of$1,000,000 Per
Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This
shall include Premises and Operations; Independent Contractors; Products and Completed
Operations and Contractual Liability.
B. pq 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 $1,000,000 for each
accident.
C. ® Watercraft: Coverage shall have a minimum limit of $300,000 per claim.
D. C Liquor Liability: Coverage shall have a minimum limit of $500,000 per claim when
alcoholic beverages are sold or served by the Contractor or by subcontractors retained by the
Contractor as permitted by this agreement. Liquor Liability insurance may be provided by the
properly licensed entity responsible for the sale and service of alcoholic beverages as permitted
by the Scope of Services.
E. Q Property: Coverage shall have a minimum limit of $Value of Contents per claim.
Special Requirements: Collier County Board of County Commissioners, OR, Board of County
Commissioners in Collier County, OR, Collier County Government shall be listed as the
Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for
Commercial General Liability where required. This insurance shall be primary and non-
contributory with respect to any other insurance maintained by, or available for the benefit of, the
Additional Insured and the Contractor's policy shall be endorsed accordingly.
Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Contractor during the duration of this Agreement. The Contractor shall provide County with
certificates of insurance meeting the required insurance provisions. Renewal certificates shall
be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under
the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior
written notice, or in accordance with policy provisions. Contractor shall also notify County, in a
like manner,within twenty-four(24) hours after receipt, of any notices of expiration, cancellation,
non- renewal or material change in coverage or limits received by Contractor from its insurer,
and nothing contained herein shall relieve Contractor of this requirement to provide notice.
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The Contractor shall remain solely responsible to the County for all services performed under
the Agreement, including any services performed by subcontractors retained by the
Contractor.
As stated herein, the Contractor may retain properly license and qualified subcontractors to
perform portions of the Scope of Services. The Contractor shall ensure that all subcontractors
maintain insurance coverage applicable to their operations that meet County requirements.
Subcontractor insurance policies shall name Collier County and the Contractor as Additional
Insureds on a primary non-contributory basis where applicable. The Contractor shall maintain
documentation of subcontractor insurance and provide such documentation to the County upon
request.
Alcoholic beverage service, if provided, shall be performed only by properly licensed operators
retained by the Contractor. Such operators shall maintain liquor liability insurance meeting
County requirements. The Contractor shall not be required to maintain liquor liability insurance
if the Contractor does not sell or serve alcoholic beverages.
Contractor shall ensure that all subcontractors comply with the same insurance requirements
that the Contractor is required to meet.
42. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall
defend, indemnify and hold harmless Collier County, its officers and employees from any and
all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees
and paralegals'fees, whether resulting from any claimed breach of this Agreement by Contractor,
any statutory or regulatory violations, or from personal injury, property damage, direct or
consequential damages, or economic loss, to the extent caused by the negligence, recklessness,
or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the
Contractor in the performance of this Agreement. This indemnification obligation shall not be
construed to negate, abridge or reduce any other rights or remedies which otherwise may be
available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier County.
43.1 The duty to defend under this Article 13 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor,
County and any indemnified party. The duty to defend arises immediately upon presentation of
a claim by any party and written notice of such claim being provided to Contractor. Contractor's
obligation to indemnify and defend under this Article 13 will survive the expiration or earlier
termination of this Agreement until it is determined by final judgment that an action against the
County or an indemnified party for the matter indemnified hereunder is fully and finally barred
by the applicable statute of limitations.
43. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by Park and Recreation Division.
44. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall
acquire no interest, either direct or indirect, which would conflict in any manner with the
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performance of services required hereunder. Contractor further represents that no persons
having any such interest shall be employed to perform those services.
45. APPLICABILITY. Only the sections corresponding to any checked box ( l) will apply to this
Agreement.
46. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following
component parts, all of which are as fully part of the Agreement as if herein set out verbatim:
Contractor's Proposal, Insurance Certificates, Exhibit A Scope of Services, Exhibit B Fee
Schedule, ❑X Exhibit C — Affidavit Regarding Labor and Services,f Request for Proposal
(RFP), ❑ Request for Proposal (RFP) Invitation to Bid (ITB) including Exhibits, Attachments
and Addenda/Addendum and Other: Invitation to Negotiation #25-8413.
47. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer
or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any
County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics
Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of
this provision may result in one or more of the following consequences: a. Prohibition by the
individual, firm, and/or any employee of the firm from contact with County staff for a specified
period of time; b. Prohibition by the individual and/or firm from doing business with the County
for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes;
and, c. immediate termination of any Agreement held by the individual and/or firm for cause.
48. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is
formally acknowledging without exception or stipulation that it agrees to comply, at its own
expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and
requirements applicable to this Agreement, including but not limited to those dealing with the
Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations
relating thereto, as either may be amended; taxation, workers' compensation, equal employment
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
Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: PublicRecordRequestCa)colliercountvfl.gov
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or
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copied within a reasonable time at a cost that does not exceed the cost provided in
this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Contractor
does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required
by the public agency to perform the service. If the Contractor transfers all public
records to the public agency upon completion of the contract, the Contractor shall
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If the Contractor keeps and maintains public
records upon completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be
provided to the public agency, upon request from the public agency's custodian of
public records, in a format that is compatible with the information technology systems
of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly
notify the County in writing. Failure by the Contractor to comply with the laws referenced herein
shall constitute a breach of this Agreement and the County shall have the discretion to
unilaterally terminate this Agreement immediately.
49. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise
unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect.
50. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
Agreement in compliance with the Procurement Ordinance, as amended, and Procurement
Procedures.
51. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith effort to
resolve any such disputes by negotiation. The negotiation shall be attended by representatives
of Contractor with full decision-making authority and by County's staff person who would make
the presentation of any settlement reached during negotiations to County for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Contractor with full decision-making authority and by
County's staff person who would make the presentation of any settlement reached at mediation
to County's board for approval. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under section 44.102,
Fla. Stat.
52. VENUE. Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
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53. AGREEMENT STAFFING. The Contractor's personnel, and management, and subcontractors
to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County
reserves the right to perform investigations as may be deemed necessary to ensure that
competent persons will be utilized in the performance of the Agreement. The Contractor shall
assign as many people as necessary to complete required services on a timely basis, and each
person assigned shall be available for an amount of time adequate to meet required services.
54. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of
the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's
Board approved Executive Summary, the Contract Documents shall take precedence.
55. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or
any part herein, without the County's consent, shall be void. If Contractor does, with approval,
assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to
assume toward Contractor all of the obligations and responsibilities that Contractor has assumed
toward the County.
56. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended.
Background checks are valid for five (5) years and the Contractor shall be responsible for all
associated costs. If required, Contractor shall be responsible for the costs of providing
background checks by the Collier County Facilities Management Division for all
employees/subcontractors 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/subcontractor 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@collier.gov) whenever an
employee/subcontractor 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 forty-eight (48) hours of separation may result in a deduction of $500 per
incident.
(Signature page to follow)
CCAO
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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.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel, C:rdrk of Courts & Comptroller COLLIER COUNTY, FLORIDA
•
By: • By.
Dated: = an Kowal, C airman
es o Chairman's
Contractor's Wi n ses es :gnature only Contractor: FLORIDA BECH SERVICES LLC
By:
First Wit ess Signature
Kimberley L. Gardner r<t)�<-rT `� ��•��-7 �� v
Print Name and Title Print Name and Title
c
-1151-�
S nd Witness 0
Jackie Clay
Print Name and Title
App ved as t Fo nd Legality:
By:
Scott R. Teach
Deputy County Attorney
Page 14 of 23 AU
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Exhibit A — Scope of Services
#25-8413 "Barefoot Beach Concession Services"
The Vendor is to provide management of concessionaire services, including operating and
maintaining food and beverage services, rental of umbrellas, paddleboards, cabanas, beach
chairs, sales of beach-related sundries, caps, shirts, and any other like services that the
Vendor wishes to propose.
1.Vendor Responsibilities:
The Vendor will be responsible for the following:
a. Providing a diverse menu of high-quality food and beverages for park visitors, with
suitable options for a wide range of dietary needs and preferences. Including pre-
packaged items, based on availability and demand.
b. Operating and maintaining food service areas within the park, seven (7)days per week
during operating hours at a minimum from 10:00 am to 4:00 pm. Operating a beach
rental concession within the park, seven (7) days per week during operating hours of
9:00 am to 5:00 pm.
c. Ensuring compliance with all Local, State, and Federal health and safety regulations,
including food handling certifications and sanitation requirements, by all employees.
d. Offering efficient and customer-friendly services to enhance the visitor experience.
e. Managing inventory, staffing, and equipment necessary to operate food service areas.
f. Maintenance, as applicable, of all required current licenses, permits, and/or
certifications necessary to conduct business throughout the contract term. All
licenses, permits, and certifications must be active at the time of proposal submittal.
g. Sale of retail food and beverages as approved by the Director of the Parks and
Recreation Division or designee.
h. Ensure that the foods and beverages offered are fresh and up to date, as outlined in
21 CFR § 101.95 (Code of Federal Regulations).
i. Shall use point-of-sale ("POS") electronic cash machines or other electronic
accounting control equipment for the proper control of all payments. All sales
transactions must be accompanied by a receipt and provided to the customer.
j. Vendor will be responsible for merchant fees incurred on Vendor's system.
k. Daily cash management and deposit of monies.
I. Credit/debit card processing capabilities.
m. Maintenance of safe and clean areas for the production and sales of foods and
beverages to retail customers, and housekeeping of areas surrounding the sales
operation.
2. Products and Services.
a. The vendor will meet with the Parks Director and staff on a quarterly basis, to review
the quality and type of food products sold, prices charged for items, and any other
factor affecting the public interest and concessions operations.
b. The Vendor may request in writing to sell additional products or provide additional
related services at any point during the resultant contract.
c. Parks and Recreation Director or designee reserves the right to accept or reject those
additional products or services at its sole discretion. Prior written approval of those
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additional products or services must be granted to the Vendor by the Parks and
Recreation Division Director or designee.
d. The Vendor will be permitted to offer temporary, seasonal or special menu items, as
non-menu items and must be conspicuously displayed for public viewing. Vendor will
have the opportunity to test items for no longer than 30 days, without requiring prior
approval. Vendor will be permitted to continue serving proposed items while under
review by Parks and Recreation Division Director or designee.
e. Plastic straws are prohibited. Paper and other biodegradable straws are allowed.
f. The sale of items in glass containers is not permitted. The County has a recycling
program in place, and the Vendor will comply with that program with respect to the
disposal of containers.
g. The use of vending machines of any type by the vendor is not allowed as part of the
resultant contract.
h. Beer, liquor and wine sales are permitted only at the food concession building with
appropriate licenses and permits.
i. Concessionaires are prohibited from renting sailboats or any type of motorized vessel.
3.Concession Operations Area.
The Parks and Recreation Director or designee shall provide the Vendor and their employees
the use of Concession Operations Area ("COA") facilities at Barefoot Beach to provide
food/beverage, production, sales operations, and related services.
The food concession area is approximately 13' x 9.5' and equipped with air conditioning and
a rollup door. The food concession includes a covered seating area and an additional 9' x 9.5'
storage area. Other areas within Barefoot Beach park may be used by the Vendor with the
prior approval of the Parks and Recreation Director.
All structures and improvements shall become the property of Collier County at the end of the
resultant contract. Any improvements made for the benefit of the Vendor shall be paid for by
the Vendor only after approval from the Director of the Parks and Recreation Division or
designee.
4.General Use.
a. The Vendor shall not conduct any other business on County property without prior
and specific written authority of the Board of County Commissioners.
b. The Parks and Recreation Director or designee reserves the right to service beach
patrons at Barefoot Beach, at Director or designee's discretion and with a minimum
notice of 14 calendar days to the Vendor in order to mitigate any shortfall of products
and services by the Vendor after a formal assessment has been made by the Parks
and Recreation Director or designee Vendor will have 7 calendar days to appeal the
assessment, in writing, to the Collier County Manager. The County Manager will
provide final determination to Vendor in writing within 30 calendar days.
5.Hours of Operation.
During the term of the resultant contract, the beach rental concession operation shall, at a
minimum, be open and adequately staffed seven (7) days per week from 9:00 a.m. through
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5:00 p.m., or as approved by the Parks and Recreation Division Director(weather permitting).
The Cafe/Food Concession should be in operation at a minimum from 10:00 a.m. through
4:00 p.m. seven (7) days per week or as approved by the Parks and Recreation Division
Director (weather permitting). All scheduled hours of operation must be approved by the,
Director of Parks and Recreation Division or designee. All hours of operation shall be
conspicuously posted and easily read by park visitors.
6.Pricing and Sales Operations.
a. 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 to 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 Parks and Recreation Director or designee. Price
increases are subject to review by parks management.
b. The Parks and Recreation Director or designee reserves the right to accept or reject
additional products, price increases and/or services at its sole discretion. The vendor
will meet with the Parks Director and staff on a quarterly basis, to review the quality
and type of food products sold, prices charged for items, and any other factor affecting
the public interest and concessions operations.
c. The Vendor may sell any items permitted under Florida state law and with the proper
licensing/tax permits for such sales and with a minimum thirty (30) day notice and
upon written approval by the director of the Parks and Recreation Division or
designee.
7.Employees; Managers.
a. The Vendor shall employ people to work the facility who are neat, clean, well-
groomed, and courteous. Subject to the State and Federal labor laws as well as the
American with Disabilities Act, Vendor shall supply competent employees who are
physically capable of performing their employment duties.
b. The Parks and Recreation Director or designee may require the Vendor to dismiss an
employee it deems careless, incompetent, insubordinate, or otherwise objectionable,
whose continued employment on County property is not in the best interest of the
County. The Director of Parks and Recreation Division or designee will make the
determination and notify the vendor in writing. Upon notification, the vendor must
dismiss the employee within five (5) business days.
c. All Vendor employees shall wear shirts with the Vendor's logo or other identifying
markings. The Vendor shall have an experienced manager overseeing the concession
operations at all times when open for business. When the Vendor's 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) years of age.
All managers will be Food Safe Compliant with all State of Florida and Collier County
"Serve Safe" requirements and licenses as mentioned in section 14. There shall be a
contact person available after-hours, (before 9:00am and after 5pm, 7 days a week)
by telephone, and the contact phone number shall be provided to the Director of Parks
and Recreation Division or designee.
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8.No Improper Use.
a. The Vendor will not use, nor suffer or permit any person to use in any manner
whatsoever, the COA 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.
b. The Vendor shall maintain sanitary, neat, and safe, COA, and orderly operations at
all times, to ensure maximum value to guests. Under the agreement, the Vendor
acknowledges it is assuming responsibility for managing the COA in its current"as is"
condition and in good order. There shall be no living quarters, nor shall anyone be
permitted to live on the premises.
c. Vendor shall not remove from the 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 Division or designee.
9.Commission to County.
The County shall make available to the vendor the use of the COA at Barefoot Beach Park.
The Vendor shall pay the County a flat annual commission of $30,000 as outlined in Exhibit
B -Fee Schedule of the Agreement. Annual commission payment shall be paid monthly, in
twelve equal installments, to the County as set forth in Exhibit - B. A separate monthly utility
fee in the amount of one hundred dollars ($100.00) shall be paid by the Vendor and remitted
at the same time as the monthly commission payment.
10. Default in Payment.
If the payments are not received within thirty (30) days after the normal monthly due date,
the County may take possession of the Vendor's assets on County property and may
terminate the resultant contract.
11. 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 the resultant contract.
12. Maintenance, Supplies, and Equipment.
a. The Vendor shall be responsible for the proper care and daily maintenance of the
concession facility within the COA, to include but not be limited to cleaning/stocking
restrooms (soap and toilet paper), cleaning and maintaining the walkways/benches,
and railings as needed. The Vendor will be responsible for the 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 the property of the Vendor.
*Parks staff will clean/restock restrooms and empty trash cans at least once a day,
anything additional would be the responsibility of the vendor.
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b. 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 determines the equipment is
non-functioning, the County shall determine if they will purchase a new (and similar
piece of equipment) at the County's expense. Any replacements of equipment should
be coordinated through the Director of Parks and Recreation Division or designee once
the County has assessed the equipment and identified available funding.
Replacement equipment with a value of less than one thousand dollars ($1,000) shall
be the responsibility of the Vendor. Should the County 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.
c. The Vendor must provide and maintain, at their own expense, all equipment required
to operate the concession.
d. The Vendor shall have the right to use County equipment, furnishings, and fixtures
that may be presently used in conjunction with the operations. Any equipment that is
lost, stolen, or damaged shall be replaced or repaired at the expense of the Vendor;
ordinary wear and tear is expected.
e. Upon the expiration of the resultant contractor, the Vendor shall quietly and peacefully
redeliver said inventory to the County. If any non-motorized vessels are rented, a
chase boat must always be present and operationally ready to use. Equipment (i.e.,
chairs, umbrellas, paddleboards) stored on the beach must be removed from the
beach, consolidated, and secured along the edge of the dune line before 9:30 p.m.
daily.
f. During sea turtle nesting season (May 1 -October 31), equipment must not be moved
onto the beach before the completion of daily sea turtle monitoring by Collier County
staff.
13. Parking.
a. The Vendor will have the right to one (1) long-term parking spot, located in the third
parking area. This will be used to park an operationally ready trailer-vehicle for
moving and storage of beach services equipment.
b. The Vendor will be allocated ten (10) parking spots for employee parking only and will
be located in third parking area.
c. The Vendor will be provided one (1) 15-minute parking spot and signage to identify
location is designated for food pickup only.
14. 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
within thirty (30) minutes, followed by a written incident report (forms will be provided to the
awarded Vendor).
15. Trash, Rubbish, and Garbage.
The County will provide all garbage, trash, and rubbish receptacles within the confines of the
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COA, including a dumpster and enclosure. The Vendor shall be responsible for the pickup and
removal of all rubbish, trash, and garbage, including the 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
timely removal of all trash from the dumpster. The Vendor shall always have a neat and
orderly operation and shall be solely responsible for necessary housekeeping on and around
the COA.
*Parks staff will clean/restock restrooms and empty trash cans at least once a day, anything
additional would be the responsibility of the vendor.
16. Licenses, Permits, and Certifications.
The Vendor at the time of submittal shall possess and continue to maintain, as applicable,
current licenses, permits, and/or certifications to conduct business throughout the resultant
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)
• Business Tax Receipt (Business License)Beer and Wine License, as applicable.
17. Safety and Security.
The County will not assume any responsibility for COA security or alarms other than the
security cameras in 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.
18. Inspection.
The COA and premises may be inspected at any time by an authorized representative of the
County or by any other agency having responsibility for the inspection of such operations. The
vendor shall promptly correct any deficiencies identified by inspectors from the County, State,
Federal agencies, or any other authorized entity.
19. No Dangerous Materials.
The Vendor shall not use or permit in the COA 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.
20. Storm Warning.
Upon declaration of a hurricane projecting an imminent strike, or the implementation of
evacuation procedures from the County, the Vendor shall meet with the County 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. Contingency plans shall be coordinated
with the Vendor by the County.
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Exhibit B
Fee Schedule
#25-8413 "Barefoot Beach Concession Services
$2,500 Per Month
$30,000 Annually
The Contractor shall pay the County a flat rate annual commission in the
amount of $30,000, payable in twelve equal monthly installments of $2,500,
with the first payment due within thirty (30) days of the execution of the
Agreement, with subsequent monthly payments due on the 15th of each month.
In addition to the annual commission payment, the Contractor shall also pay
the County a $100.00 separate monthly utility fee, which shall be due and
remitted at the same time as the monthly commission payments. Those
payments shall continue throughout the entire term of the agreement, as well
as any renewal terms exercised by the parties.
Payment of the above fees shall be made by check payable to the Collier
County Board of County Commissioners, and either sent by U.S. Mail, postage
prepaid, overnight delivery, or personally delivered to:
Collier County Growth Management Community Development Department
2800 North Horseshoe Drive
Naples, Florida 34104
Attention: Cashiering Section
Alternate payment methods such as ACH and wire transfers may be arranged
through contacting the Contract Finance Administrator: Brooke Roxberry,
Management Analyst II, Operations & Regulatory Management Division at 239-
252-1109.
The Contractor shall be entitled to utilize the Barefoot Beach Park Concessions
Operations Area to provide food/beverages, production, sales operations, and
related services required under the agreement.
*The flat rate annual commission amount shall increase by 5%for each renewal
year exercised under the agreement. The monthly utility fee may also be
adjusted during the first available renewal term to reflect an increase supported
by the Consumer Price Index for this jurisdiction's market.
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Exhibit C
Affidavit Regarding Labor and Services
Following this Page
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AFFIDAVIT REGARDING LABOR AND SERVICES
AND CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN PROHIBITED
Effective July I, 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 pc►jury attesting that the
nongovernmental entity does not use coercion for labor or services.
Effective January I,2024,a governmental entity may not accept a bid on,a proposal for,or a reply to,or eater into,a contract with
an entity which would grant the entity access to an individual's personal identifying information unless the entity provides the
government with an affidavit signed by an officer or representative under penalty of perjury attesting that the entity does not meet
any of the following criteria: (a)the entity is owned by the government of a foreign country of concern; (b)the government of a
foreign country of concern has n controlling interest in the entity;or(c)the entity is organized under the laws of or has its principal
place of business in a foreign country of concern.
Effective July 1,2025,when an entity extends or renews a contract with a governmental entity which would grant the entity access
to an individual's personal identifying information,the entity must provide the governmental entity with an affidavit signed by an
officer or representative of the entity under penalty of per jury attesting that the entity does not meet any of the criteria in paragraphs
(2)(a)-(c),§287.138,Florida Statutes,
Nongovernmental Entity's Name: Florida Beach Services LLC
Address: 304 Turtle Hatch Rd, Naples, FL 34103
Phone Number: 443-514-8107
Authorized Representative's Name: Robert Kiffney
Authorized Representative's Title: CEO _
Email Address: kiffney@gmall.com
1, Robert Kittneyt (Name of Authorized Representative), as authorized representative attest under
penalty of perjury that Florida Beach Services LLC (Name of Nongovernmental Entity) does not: (1) use
coercion for labor or services as defined in §787.06,Florida Statutes,and(2)the nongovera►nental entity is not(a)owned by
a government of a foreign country of concern,(b)that a foreign country of concern does not have a controlling interest in the
entity,and (c) that the entity is not organized under the laws of or has its principal place of business in a foreign country of
concern,all as prohibited under§287.138,Florida Statutes.
Under pen y of perjury,I declare that I have read the foregoing Affidavit and that the facts stated in it are true.
no.1c.2n�� 2.1 i f 2,.‘(Signature of authorized represe►tatiJ ) Date
STATE OF Florida
COUNTY OF Collier
Sworn to(or affirmed)and subscribed bekre me,by means of Ellhysical presence or 0 online notarization this
t1 day of*61ic Asti,20210,by [Cebcv t- kr 4 (Name of Affiant),w1u s Florida liue►f=s-6ieease.as
idsnttfueat•ion. IPW1tc t r'SDY-r�Vf1Oct r't Erie_
c_.---\"*.___ ---",--------S--- %‘tp.k5f..!-:,Plio,,,,
Notary Public `-k\- 443'. P06//�F.p
?S'2 2. 27 = MY COMMISSION
_ I EXPIRES 8-22-2027
Commission Expires - '
Personally Known R Produced Identification 0 ",�iss�,, OFF ,.�;�`�,.'
4.
'•%,„„N Nu,Ma „0
Type of Identification Produced: __ _,______
16A1 1
Other Exhibit/Attachment
Description:
❑ following this page (pages through )
® this exhibit is not applicable
Page 23 of 23
Revenue Generating Agreement(3.5,26 version)