Agenda 12/09/2014 Item #16D15 12/9/2014 16.D.15.
EXECUTIVE SUMMARY
Recommendation to approve the renewal of Contract, No. 09-5247 "Tigertail Beach Water and
Beach Concession Agreement" with Recreational Facilities of America, Inc., and to approve and
authorize the Chairman to sign Amendment#2 providing for an increase in contract value.
OBJECTIVE: Provide food and beverage service at Tigertail Beach through a contracted concessioner.
CONSIDERATIONS: On January 12, 2010, the Board approved the award of Contract No. 09-5247
with Recreational Facilities of America, Inc., to operate a beach rental and food concession at Tigertail
Beach in Marco Island (agenda item 16D7). The Contract is for a five year term with a five year renewal,
subject to Board approval. The Contract is set to expire on January 11, 2015.
In reviewing the history of this agreement and whether renewal was in the County's best interest, staff
compared the terms of this agreement with other similar past and present agreements.In an effort to make
this agreement more consistent with other comparable agreements, staff and the contractor negotiated the
attached amendment, which provides for the Concessionaire to pay fifty dollars per month for utility cost
and increases the percentage of the total gross revenue from twelve percent to thirteen percent. Upon
Board approval, this amendment will be effective on January 12, 2015. Staff recommends approval of
both the renewal of the Contract and the amendment.
FISCAL IMPACT: The expiring contract provides a concessionaire fee of 12% of gross receipts
with a minimum monthly guarantee of $500. The proposed contract provides a concessionaire fee of
13% of gross receipts with a minimum monthly guarantee of $500, with an additional monthly payment
of$50 for utilities. At the minimum monthly fee, the County can expect to receive a minimum of
$33,000 in concessionaire fees over the full five-year term of the contract.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority
vote for approval-CMG
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
RECOMMENDATIONS: That the Board of County Commissioners approves the renewal of contract
No. 09-5247, "Tigertail Beach Water and Beach Concession Agreement" with Recreational Facilities of
America.Inc., and approves and authorizes the Chairman to sign Amendment# 2.
Prepared by: Natali Betancur Operations Analyst, Parks and Recreation Department
Attachment: Amendment# 2.
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12/9/2014 16.D.15.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.15.
Item Summary: Recommendation to approve the renewal of Contract, No. 09-5247
"Tigertail Beach Water and Beach Concession Agreement" with Recreational Facilities of
America, Inc., and to approve and authorize the Chairman to sign Amendment#2 providing for
an increase in contract value.
Meeting Date: 12/9/2014
Prepared By
Name: AlonsoHailey
Title: Operations Analyst,Public Services Division
11/20/2014 3:08:1 6 PM
Approved By
Name: DendroulakisEwelina
Title: Procurement Specialist, Purchasing&General Services
Date: 11/20/2014 4:11:09 PM
Name: TownsendAmanda
Title: Director-Operations Support, Public Services Division
Date: 11/20/2014 5:03:32 PM
Name: MarkiewiczJoanne
Title: Director-Purchasing/General Services,Purchasing& General Services
Date: 11/21/2014 1 1:19:15 AM
Name: WilliamsBarry
Title: Director-Parks &Recreation, Parks &Recreation
Date: 11/21/2014 1:33:13 PM
Name: AlonsoHailey
Title: Operations Analyst,Public Services Division
Date: 11/24/2014 3:43:44 PM
Name: JohnsonScott
Title: Manager-Procurement, Purchasing&General Services
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12/9/2014 16.D.15.
Date: 11/24/2014 3:58:00 PM
Name: CarnellSteve
Title: Administrator-Public Services, Public Services Division
Date: 11/25/2014 9:04:48 PM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 11/26/2014 11:18:02 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/26/2014 1:1 1:29 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering&Construction Management
Date: 12/1/2014 11:26:15 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 12/1/2014 1:47:32 PM
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12/9/2014 16.D.15.
EXHIBIT A-I Contract Amendment#2 to Contract#09-5247
"Tigertail Beach Water and Beach Concession Agreement"
This amendment, dated , 20 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).
[***J
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 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(1 5th) 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.
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12/9/2014 16.D.15.
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: ,20__
COUNTY:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY,FLORIDA
Dwight E. Brock, Clerk
BY: By:
Tom Henning,Chairman
Concessionaire's First Witness CONCESSIONAIRE:
Recreational Facilities of America,Inc.
By:
By:
Print Name
Print Name and Title
Concessionaire's Second Witness
By:
Print Name
Approved as to Form and Legality:
as stant County Attorney
2
CZ)
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