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Backup Documents 12/09/2014 Item #16D15 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 fJ 15 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Routed by Purchasing Department to Office Initials Date the Following Addressee(s) (In routing order) 1. Risk Management Risk 2. County Attorney Office County Attorney Office U► '�f t I D I4 3. BCC Office Board of County UkA Commissioners VWS/ [Z—k t k� 4. Minutes and Records Clerk of Court's Office rvvj tli 12?:7 , 5. Return to Purchasing Department Purchasing Contact: Diana DeLeon PRIMARY CONTACT INFORMATION Name of Primary Diana De Leon for Ewelina Dendroulakis Phone Number 252-8375 Purchasing Staff December 9,2014 Contact and Date Agenda Date Item was December 9,2014 Agenda Item Number 16.D.15 Approved by the BCC Type of Document Amendment Number of Original 2 Attached Documents Attached PO number or account N/A Solicitation/Contract 09-5247 Recreational number if document is Number/Vendor Name Facilities of America to be recorded 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? DD 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 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 N/A 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),an electronic copy of the document and DD this routing slip should be provided to the County Attorney's Office before the item is input into SIRE. 8. The document was approved by the BCC on the date above and all changes made D during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made,and the document is ready for he Chairman's signature. 16015 MEMORANDUM Date: December 11, 2014 To: Diana De Leon, Contracts Technician Purchasing & General Services Department From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Amendment #2 for Contract #09-5247 "Tigertail Beach Water & Beach Concession Agreement" Contractor: Recreational Facilities of America, Inc. Attached is an original copy of the contract referenced above, (Item #16D15) approved by the Board of County Commissioners on Tuesday, December 9, 2014. The second original contract will be held in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-7240. Thank you. Attachment 16015 EXHIBIT A-1 Contract Amendment#2 to Contract#09-5247 "Tigertail Beach Water and Beach Concession Agreement" This amendment, datedu 0 , 201 to the referenced agreement shall be by and between the parties to the original Agreement, Recreational Facilities of America, Inc., (to be referred to as "Concessionaire") and Collier County, a political subdivision of the State of Florida, (to be referred to as"County"). Statement of Understanding RE: Contract# 09-5247 "Tigertail Beach Water and Beach Concession Agreement" In order to continue the services provided for in the original Contract document referenced above, both parties agree to amend the referenced Contract as stated below. This amendment is effective on January 12, 2015. Note: Language deleted has been struck through. New language has been underlined. [***] 8. UTILITIES. The County shall pay for charges of utilities to the designated premises including, but not limited to, charges for water, sewer, and electricity, with the exception of the Concessionaire's obligation to pay fifty dollars ($50.00) per month for utility cost in accordance with Article 11 below, during the term of this Agreement. Any utilities that are for the benefit of the Concessionaire shall be paid by the Concessionaire(i.e.Telephone). [***] 11. CONSIDERATIONS. The Concessionaire shall remit to the County, as consideration for this Agreement, a percentage of the total gross revenue (adjusted for items returned) of the Concessionaire's business, including the sale of sundry concession operation as follows: Five Hundred Dollars ($500) per month minimum or twelve percent(12%)thirteen percent (13%) of gross total concession sales (all sales less sales tax), whichever is greater. In addition, the Concessionaire shall pay fifty dollars ($50.00) per month for utility cost. Said payments shall be tendered to the County by the fifteenth (15th) of each month for the preceding month and such payments shall be accompanied by a statement of gross receipts for the preceding month. It is also understood that the applicable Florida States Sales Tax on payments to the County shall be added to the payment. The County is to receive its revenue payment as net, free and clear of all costs and charges arising from, or related to Concessionaire's obligations under this Agreement, and that the guarantee or the percentage of total gross revenues be paid monthly. The term "gross revenue" or "gross receipts" means all income collected, accrued or derived by the Concessionaire under the privileges granted by this Agreement or other document entered into with the County, excluding amounts of any Federal, State or other tax collected by the Concessionaire from customers and required by law to be remitted to the taxing authority. The Concessionaire shall provide the Contract Manager a Statement of Gross Receipts. Such statement shall be certified as true, accurate and complete by the Concessionaire and by an independent Certified Public Accountant. The Concessionaire agrees to use point-of-sale machines or other accounting control equipment for the proper control of cash and payment. All financial records are to be maintained during the entire term of this Agreement and for a period of three (3)years following the determination of this Agreement. The Concessionaire shall provide a copy of its State Sales and Use Tax Report for the same accounting period as required for the Statement of Gross Receipts. 1 16015 All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF,the parties have each, respectively, by an authorized person or agent, have executed this Amendment on the date(s)indicated below. Accepted: De-c-€A.A.V34€4.- , 20 t`E COUNTY: i BOARD OF COUNTY COMMISSIONERS OF COLLI`c'CO > TY, FLORIDA Dwight F Brdek,.dlerk BAUJAIL,r•- T/4.. AL.- • Attest as1opalrman, , Tom Henning, C an signature only. ''_ Concessionaire's First Witness CONCE SIONA I'E: Re �nal Fa,ilities of A erica,Inc. By''12Ah, I" g 3 13 e r}r‘ By: Print Name ,.,_,%,A 3 M arl agwr Print Name and Title Concessionaire's Second Witness By: /416.6SSA 1-2ar,re++ Print Name Approved as to Form and Legality: (_&• Y ; 0 '--)171 tJ /0 • 'As• Stant ounty Attorney 2