Agenda 04/09/2013 Item #16D7 4/9/2013 16.D.7.
EXECUTIVE SUMMARY
Recommendation to award Request for Proposal (RFP) #13-6014, Vanderbilt Beach Concession,
and authorize the Chairwoman to sign a contract with Day-Star Unlimited, Inc. d/b/a Cabana
Dan's.
OBJECTIVE: To gain the Board of County Commissioners' approval to award RFP 13-6014 to Day-
Star Unlimited, Inc. d/b/a Cabana Dan's and authorize the Chairwoman to sign the contract for the
comprehensive management of concessionaire services at Vanderbilt Beach.
CONSIDERATIONS: The Parks and Recreation Department,with the approval of the County Manager,
issued a Request for Proposals for the comprehensive management of concessionaire services at
Vanderbilt Beach including, but not limited to, sale and/or rental of umbrellas, tubes, rafts, floats,
paddleboards, cabanas, beach chairs, sales of beach related sundries, caps, shirts,jewelry, and any other
like services.
RFP #13-6014 was advertised on December 17, 2012 and thirty-seven (37) proposal packages were
downloaded by the vendor community. One (1) proposal was received by the due date of January 15,
2013 and one (1) Non-Response Statement. A selection committee reviewed the proposal, and by
consensus agreed that Day-Star Unlimited,Inc. d/b/a Cabana Dan's should be awarded the contract. Day-
Star Unlimited, Inc. d/b/a/Cabana Dan is the current vendor and has been the contracted vendor, Contract
No. 03-3445, at this location since March 11, 2003. The term of this agreement is for an initial period of
five(5)years, commencing on award by the Board; and is renewable for one (1) additional five(5)year
period with the total term not exceeding ten(10)years unless approved.
The RFP specified a minimum concessionaire fee of eighteen percent (18%) of gross receipts with a
minimum monthly guarantee of seven hundred dollars ($700.00). Respondents were given the
opportunity to propose higher concessionaire fees and be awarded additional ranking points. Day-Star
Unlimited, Inc. d/b/a Cabana Dan's proposed concessionaire fees of nine hundred ($900) dollars per
month minimum or twenty percent (20%) of gross receipts, whichever is greater. Purchasing staff has
negotiated and recommends that a contract be awarded to Day-Star Unlimited,Inc. d/b/a Cabana Dan's.
FISCAL IMPACT: The expiring contract provides a concessionaire fee of eighteen percent (18%) of
gross receipts with a minimum monthly guarantee of seven hundred dollars ($700.00). The proposed
contract provides a concessionaire fee of twenty percent(20%) of gross receipts with a minimum monthly
guarantee of nine hundred dollars ($900.00). At the minimum monthly fee, the County can expect to
receive a minimum of$108,000.00 in concessionaire fees over the full term of the contract.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, is legally
sufficient and requires a majority vote for approval. -ERP
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
RECOMMENDATIONS: That the Board of County Commissioners awards Request for Proposal
(RFP)#13-6014 Vanderbilt Beach Concession and authorizes the Chairwoman to sign a County Attorney
approved contract with Day-Star Unlimited,Inc. d/b/a Cabana Dan's.
Prepared by:Nancy Olson,Parks&Recreation
Packet Page -1241-
4/9/2013 16.D.7.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.7.
Item Summary: Recommendation to award RFP#13-6014 Vanderbilt Beach Concession
and authorize the Chairwoman to sign a contract with Day-Star Unlimited, Inc. d/b/a Cabana
Dan's.
Meeting Date: 3/12/2013
Prepared By
Name: BetancurNatali
Title: Operations Analys,Parks&Rec-NCRP Admin
2/14/2013 1:39:08 PM
Submitted by
Title: VALUE MISSING
Name: OlsonNancy
2/14/2013 1:39:09 PM
Approved By
Name: DeLeonDiana
Title: Contracts Technician,Purchasing
Date: 2/14/2013 4:18:05 PM
Name: WardKelsey
Title: Manager-Contracts Administration,Purchasing&Ge
Date: 2/14/2013 4:27:42 PM
Name: MarkiewiczJoanne
Title: Manager-Purchasing Acquisition,Purchasing&Gene
Date: 2/15/2013 7:05:53 PM
Name: WilliamsBarry
Title:Director-Parks&Recreation,Parks&Recreation
Date: 2/22/2013 1:43:19 PM
Packet Page-1242-
4/9/2013 16.D.7.
Name: AlonsoHailey
Title: Operations Analyst,Public Service Division
Date: 2/22/2013 1:44:12 PM
Name: CarnellSteve
Title: Director-Purchasing/General Services,Purchasing
Date: 2/27/2013 9:22:14 AM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 2/28/2013 9:21:07 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 2/28/2013 3:52:28 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 3/5/2013 3:41:48 PM
Name: OchsLeo
Title: County Manager
Date: 3/6/2013 11:54:40 AM
Packet Page-1243-
4/9/2013 16.D.7.
Contract#13-6014
VANDERBILT BEACH CONCESSION AGREEMENT
THIS AGREEMENT made effective this day of , 20 , between
Collier County Board of County Commissioners,a political subdivision of the State of Florida
(hereinafter called the "County") and Day-Star Unlimited, Inc., d/b/a Cabana Dan's,
authorized to do business in the State of Florida, whose business address is 67CCith Avenue
North, Naples,Florida 34108 (hereinafter called "Concessionaire").
1. STATEMENT OF WORK. The County hereby grants to the Concessionaire, and the
Concessionaire hereby accepts from the County, the exclusive right to operate the
following described concession at Vanderbilt Beach, Vanderbilt Drive, Naples, Florida in
conformance with the purposes and for the periods stated herein and subject to all terms
and conditions hereinafter set forth.
A. TERM. This Agreement shall be for an initial period of five (5) years,commencing
on award by the Board of County Commissioners, and shall be renewable upon
satisfactory performance by the Concessionaire, for one (1) additional five (5) year
period under the same terms and conditions. The County Manager or designee
may extend this Agreement for up to one hundred eighty (180) additional days
following expiration of the original or subsequent five (5) year term. In no event,
including renewal option, shall the contract exceed ten (10) years unless approved
by the Board of County Commissioners.
B. FACILITIES. The County shall provide to the Concessionaire the use of the
following facilities and space at the area known as Vanderbilt Beach:
1. All that part of Section 32, Township 48 South, Range 25 East, Collier County,
Florida known as Vanderbilt Beach, as per attached Exhibit "A" and
incorporated herein by reference.
2. The Concessionaire shall have use of the beachfront, in accordance with the
limitations of paragraphs C.1 and C.2 below.
3. Currently there is a seven foot by nine foot (7' X 9') removable structure on site
that serves the Vanderbilt Beach Concessionaire operation. All structures and
improvements shall become the property of Collier County at the end of the
Agreement. Any improvements made for the benefit of the Concessionaire shall
be paid for by the Concessionaire.
C. USES. The Concessionaire is authorized to conduct the following types of
business and to provide the following services, and only such business and
services, at the location as set forth below:
Page 1 of 14
13-6014 Vanderbilt Beach Concession
Packet Page-1244-
4/9/2013 16.D.7.
1. Snack and Beverage Service. The sale of food shall be limited to beverages
and snacks at this concession location. For the purposes of this Agreement, the
opircitkw
definition of "snacks" shall be as follows: commercially pre-packaged, non-
potentially hazardous candy, soda, bottled water, popcorn, or other snack
foods (e.g. chips). The following shall not be included with the items sold:
chewing gum, potentially hazardous candies (i.e. jawbreakers, Spree, etc.),
straws, and juice boxes with straws. Beverage shall only be vended as cans or
plastic bottles. Any changes from this type of service shall be approved in
writing by the Parks and Recreation Director or designee.
2. Sale and/or Rental of Related Beach Items and Sundries. The Concessionaire
shall set up the concession for the comprehensive management of a
concessionaire services including, but not limited to, sale and/or rental of
umbrellas, tubes, rafts, floats, paddleboards, cabanas, beach chairs, sales of
beach related sundries, caps, shirts,jewelry,and any other like services that the
Concessionaire wishes to propose. The County may authorize the
Concessionaire to expand the services, including any lawful activity, provided
such authorization is in writing.
Concessionaire shall provide an initial written list of the items to be rented or
sold at the concession as well as a price list for approval by the Parks and
Recreation Director or designee. Both lists shall be updated monthly with any
changes.
The Concessionaire is prohibited from renting sailboats or any type of
motorized vessel. If pedal boats and similar equipment are rented,a chase boat
must be present and in operational use at all times.
2. NOTICES. All notices from the County to the Concessionaire shall be deemed duly
served if mailed by registered or certified mail to the Concessionaire at the following
address:
Day-Star Unlimited d/b/a Cabana Dan's
675-96th Avenue North, Naples, FL 34108
Phone: 239-777-4040
E-mail: Dan @CabanaDans.com
Attention: Daniel Byers
All notices from the Concessionaire to the County shall be deemed served if mailed,
faxed, or e-mailed to the County at the following address:
Page 2 of 14
13-6014 Vanderbilt Beach Concession
Packet Page-1245-
4/9/2013 16.D.7.
Collier County Parks and Recreation Department
15000 Livingston Rd.,Naples,FL 34109
Attention: Region#1 Manager
Fax: 239-252-6536
E-mail: NancyOlson @colliergov.net
3. NOT A LEASE. No part, parcel, building, structure, equipment or space is leased to
the Concessionaire. The Concessionaire is not a lessee. The Concessionaire'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.
4. NO PARTNERSHIP OR AGENCY. Nothing herein contained shall create or be
construed as creating a partnership between the County and the Concessionaire.
Concessionaire is not an agent of the County.
5. ASSIGNMENT. Concessionaire 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
Concessionaire does, with approval, assign this Agreement or any part thereof, it shall
require that its assignee be bound to it and to assume toward Concessionaire all of the
obligations and responsibilities that Concessionaire has assumed toward the County.
6. MAINTENANCE AND REPAIRS. The Concessionaire shall, to the satisfaction of the
Director of Parks and Recreation or his authorized representative, and at the
Concessionaire's sole cost, provide normal and routine daily, monthly, and yearly
maintenance of the seven by nine foot (7' x 9') removable structure currently on site that
serves the Vanderbilt Beach Concessionaire operation. Any improvements to the
existing structure must be approved in writing by the Collier County Parks and
Recreation Director or designee.
7. TRASH, RUBBISH AND GARBAGE. The County will provide all garbage, trash,
recycling and rubbish receptacles within the confines of the area. The Concessionaire is
responsible for the pickup and removal of all rubbish, trash, and garbage within a fifty
(50) feet radius of the beach concession. The County will provide receptacles and
removal to the dumpster. The County will be responsible for daily cleaning of the
restroom areas. However, Concessionaire will perform emergency cleanup in situations
where Park personnel are not available.
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. Any other utilities
that are for the benefit of the Concessionaire shall be paid by the Concessionaire (i.e.
telephone).
Page 3 of 14
13-6014 Vanderbilt Beach Concession
Packet Page-1246-
4/9/2013 16.D.7.
9. SECURITY. The Concessionaire 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.
10. PERMITS, LICENSES, TAXES. The Concessionaire shall obtain and pay for all permits
and licenses necessary for the conducting of business and shall comply with all laws
governing the responsibility of an employer with respect to persons employed by the
Concessionaire. Appropriate licenses and permits shall include but not be limited to
compliance with Health Department requirements. This shall include HRS Screening for
the Concessionaire and its employees. The Concessionaire shall also be solely responsible
for payment of any and all taxes levied on the concession operation or any other taxable
activity on the premises. In addition, the Concessionaire shall comply with all existing
and future applicable rules, regulations and laws of Collier County, the State of Florida,
or the U.S. Government.
11. ZONING AND PERMITTING. Parks and Recreation, in conjunction with the County
Zoning Department, has determined that the zoning at Vanderbilt Beach doesn't need to
be changed to accommodate storage of equipment on the beach and in the parking area.
The zoning is considered a compatible accessory use which allows for commercial
activity at the beach location (i.e., storage of chairs on beach). The Concessionaire is
responsible for any future costs and submittals for any zone or permit requirements
including but not limited to,a vehicle on the beach permit.
12. CONSIDERATION. 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 concession operation, which includes the proceeds received from the sale of snacks,
beverages, sundries, and canoe and kayak rentals as follows: The greater of Nine
Hundred Dollars ($900.00) per month or Twenty percent (20%) of gross total concession
sales. Proceeds are due 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.
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 the revenue payment is to 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 along
with the monthly remittance to the County.
Such statement shall be certified as true, accurate and complete by the Concessionaire
and approved by the Director of Parks and Recreation or designee. This statement shall
be accompanied by a report, which, as a minimum, shall include hours of operation,
Page 4 of 14
13-6014 Vanderbilt Beach Concession
Packet Page-1247-
4/9/2013 16.D.7.
daily attendance figures, and weather conditions, etc. This report shall accompany the
monthly statement of gross revenues and may be subject to audit. All financial records
are to be maintained during the entire term of this Agreement and for a period of three
(3) years following the termination 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.
13. DEFAULT IN PAYMENT. A monthly report of gross receipts, the payments computed
on that amount, and any other fees due must be submitted to the County through the
Director of Parks and Recreation, to be received by the fifteenth (15th) of each month. In
the event the Concessionaire fails to pay this consideration within five (5) calendar days
after such due date, there shall be a late charge of Fifty Dollars ($50.00) for each such late
payment, in addition to interest at the annual percentage rate of eighteen percent (18%),
the maximum allowed by law, compounded daily, beginning on day six (6) until
payment is received. 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 Concessionaire's assets on County property and may
terminate this Agreement. The County has no duty to notify the Concessionaire of its
failure to remit any such payment or report.
14. FORCE MATEURE. If closure of the facilities or loss of equipment is due to
unforeseeable causes beyond the control of Concessionaire 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, hurricane, civil disorder, epidemics,
quarantine regulations, strikes or lock-outs, the County will allow pro rata adjustment of
monthly payments up to the time such damage is repaired or other circumstances return
to normal, at the sole determination of the County.
15. CONCESSIONAIRE NOT TO REMOVE PROPERTY. Concessionaire shall not remove
from the concession any personal property brought thereon or any replacements thereto
by the Concessionaire 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.
Upon expiration of the term specified in Paragraph 1.A, if the Concessionaire has made
full payment under this Agreement and has fully complied with the terms of this
Agreement, he may remove his personal property including equipment from the
concession and shall do so within fifteen (15) days following the expiration of this
Agreement provided such personal property and equipment is removed without damage
to the premises. On Concessionaire's failure to do so, the County may cause same to be
removed and stored at the cost and expense of the Concessionaire for a maximum of
thirty (30) days, and the County shall have a continuing lien thereon in the amount of the
cost and expense of such removal and storage. If the aforementioned removal and
storage costs are not paid by Concessionaire prior to expiration of the thirty (30) day time
period, the County may sell such personal property and reimburse itself for such costs
and expense, plus all expenses of the sale.
Page 5of14
13-6014 Vanderbilt Beach Concession
Packet Page-1248-
4/9/2013 16.D.7.
16. RECORDS, AUDIT. Concessionaire 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 Concessionaire
grants to the County the right and authority to audit all records, documents, and books
pertaining to the concession operation. Such audit will be conducted at locations and at a
frequency determined by the County and communicated to the Concessionaire. The
Concessionaire agrees to provide materials for the audit to authorized representatives of
the Office of Internal Audit of Collier County within three (3) business days after the
County's notice to do so is received by Concessionaire,all at no cost to the County.
Concessionaire shall use electronic point-of-sale electronic cash machines or other
electronic accounting control equipment for the proper control of cash payments. Cash
register tapes must be maintained and made available to the County upon demand
during the entire term of Agreement. All sales must be accompanied by a receipt to the
customer.
17. COOPERATION. The Concessionaire agrees to cooperate with the County in the
conduct of surveys and to provide reports of visitor usage of all concession services. The
County shall provide Concessionaire with advance notice of any special event and shall
coordinate with the Concessionaire regarding same. County shall provide
Concessionaire with notice of the availability of plans for any remodeling of the facilities.
18. INSPECTION. The concession facilities and premises may be inspected 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. Concessionaire shall
undertake immediately the correction of any deficiency cited by such inspectors.
19. WAIVER OF INTERFERENCE. The Concessionaire 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 Concessionaire from any
obligation hereunder.
20. WAIVER OF LOSS FROM HAZARD. The Concessionaire 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.
21. NO LIENS. Concessionaire 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, Concessionaire shall cause such lien to be
discharged within ten (10)days after written notice to do so from the County.
22. ORDERLY OPERATIONS, ETC. The Concessionaire shall have a neat and orderly
operation at all times and shall be solely responsible for necessary housekeeping on and
around the beach concession. Concessionaire shall make available all areas under his
Page 6 of 14
13-6014 Vanderbilt Beach Concession
Packet Page-1249-
4/9/2013 16.D.7.
control for examination at any time by the Parks and Recreation Director or his
authorized representative. Music played by the Concessionaire or their employees must
be approved by the Parks and Recreation project manager and must be "family friendly"
and non-secular in nature. There shall be no living quarters nor shall anyone be
permitted to live on the premises.
23. EMPLOYEES, MANAGER. The Concessionaire shall employ people to work at this
facility who are neat, clean, well-groomed and courteous. Employees of the
Concessionaire must wear uniform or t-shirts with the Concessionaire's logo or other
identifying marking, and must have completed a background screening and have been
cleared to work for Concessionaire. Concessionaire shall assume cost of background
screening for his employees. Subject to the American with Disabilities Act,
Concessionaire shall supply competent employees, who are physically capable of
performing their employment duties and the County may require the Concessionaire 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. The Concessionaire shall have an experienced manager, or
responsible person that can speak for the manager and make decisions, overseeing the
concession operations at all times when open for business.
24. HOURS OF OPERATION. During the terms of this Agreement, the concession
operation shall, at a minimum, be open and properly staffed seven (7) days per week
from 9:00 a.m. through 5:00 p.m. The Concessionaire may open at an earlier time and
close at a later time, and the schedule may be changed, subject to prior written approval
by the Director of Parks and Recreation Department or designee. All hours of operation
shall be conspicuously posted and easily read by park visitors.
25. USE OF THE FACILITIES IS PRIMARY. Vanderbilt Beach is for the use of the public
for recreational and other public purposes and the public's right to such use shall not be
infringed upon by any activity of the Concessionaire.
26. NO IMPROPER USE. The Concessionaire 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 Concessionaire, or if the County or
its authorized representative shall deem any conduct on the part of the Concessionaire to
be objectionable or improper, as noted on the Concession Inspection Report, the County
shall have the right to suspend the operation of the concession. Should the
Concessionaire 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 Concessionaire further agrees not to commence operation during such suspension
period until the violation has been corrected to the satisfaction of the County.
Page 7 of 14
13-6014 Vanderbilt Beach Concession
Packet Page-1250-
4/9/2013 16.D.7.
27. PRICES. The Concessionaire agrees that prices and fees charged for concession _.
merchandise and services will be competitive with those charged for similar merchandise
and service in the general vicinity of the park. All prices must be displayed and visible
by the Concessionaire's customers. All such prices and fees must be approved in writing
by the Director of Parks and Recreation or designee. The Concessionaire shall rent or sell
only those items approved in writing by the County.
28. NO DANGEROUS MATERIALS. The Concessionaire 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.
29. DEFAULT AND TERMINATION. If the Concessionaire fails to comply with any of the
terms and conditions hereof and such default is not cured within fifteen (15) days after
written notice is given to the Concessionaire, the County may terminate this Agreement
and revoke the privilege of the Concessionaire to come upon the County's property for
purposes for which the concession was granted and may oust and remove all parties who
may be present, or may occupy any part of the premises for the purpose of exercising any
rights so revoked.
The Agreement may be terminated by the County due to any material breach of this
Agreement, including, but not limited to, failure of the Concessionaire to maintain the
approved hours of operation or failure of the Concessionaire to provide a receipt to each
customer for every transaction. The County shall be sole judge of non-performance.
Further the County may terminate this Agreement for convenience by giving the
Concessionaire not less than a thirty (30) day written notice of such intent. During the
notification period, both parties agree to meet its respective contractual obligations in
good faith.
In the event of any violation of this Agreement by the Concessionaire, or if the Contract
Manager deems any conduct on the part of the Concessionaire to be objectionable or
improper, as noted on the Concession Inspection Report, the County shall have the right
to suspend the operation of the concession should the Concessionaire fail to promptly
correct any such violation, conduct, or practice to the satisfaction of the Contract
Manager. The Concessionaire shall not commence operation during such suspension
until the violation has been corrected to the reasonable satisfaction of the Director or
Contract Manager.
30. 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.
31. COUNTY CONTROL OF VANDERBILT BEACH. Nothing in this Agreement will
preclude the County from using the public areas of Vanderbilt Beach for public and/or
Page 8 of 14
13-6014 Vanderbilt Beach Concession
Packet Page-1251-
4/9/2013 16.D.7.
civic purposes. In the event of occurrences previously mentioned, the Concessionaire 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 Law 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 and the City of
Naples for vehicle parking. Any vehicles that are to be used on the beach must have
prior written approval of the Collier County Environmental Services Department and the
Parks and Recreation Director or designee or any other appropriate agency.
34. STORM WARNING. Upon declaration of a hurricane projecting an imminent strike, or
the implementation of evacuation procedures from Collier County, Concessionaire shall
meet with the Parks and Recreation Director 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.
35. CONTAINERS. The sale of items in glass containers is not permitted. The use of straws
and plastic bags is also prohibited. The County has a recycle program in place and the
Concessionaire will make every effort to comply with that program with respect to the
disposal of containers.
36. SIGNAGE. The Concessionaire 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 Department. Signs that will be
used for advertising purposes shall be constructed and maintained to County standards
as defined by the Code Enforcement Department. The use of the Collier County Logo is
prohibited.
37. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Concessionaire shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages,losses and costs,including, but not limited
to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Concessionaire or anyone employed
or utilized by the Concessionaire 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.
37.1 The duty to defend under this Article 37 is independent and separate from the duty
to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Concessionaire, County and any indemnified party. The duty to defend arises
Page 9 of 14
13-6014 Vanderbilt Beach Concession
Packet Page-1252-
4/9/2013 16.D.7.
immediately upon presentation of a claim by any party and written notice of such claim
being provided to Concessionaire. Concessionaire's obligation to indemnify and defend
under this Article 37 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.
38. INSURANCE. Before commencing work of any kind, the Concessionaire shall procure
the following insurance with insurance companies licensed in the State of Florida, and
provide Certificates of Insurance to be attached to this Agreement.
A. Commercial General Liability: Coverage shall have minimum limits of
$1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and
Property Damage Liability. This shall include Premises and Operations;
Independent contractors; Products and Completed Operation; Contractual Liability,
and Athletic Participants.
B. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with all their applicable state and federal laws.
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability Policy.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Concessionaire during the duration of this Agreement. Renewal
certificates shall be sent to the County at least ten (10) days prior to any expiration date.
There shall be a thirty (30) day notification to the County in the event of cancellation or
modification of any required insurance coverage.
Concessionaire shall insure that all of its subcontractors comply with the same insurance
requirements that Concessionaire is required to meet.
39. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf
of the County by the Parks and Recreation Department. As used herein, the word
"County" shall refer to the Director of Parks and Recreation or designee unless the
context renders such construction illogical.
40. CONFLICT OF INTEREST: Concessionaire 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. Concessionaire
further represents that no persons having any such interest shall be employed to
perform those services.
41. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the
following component parts, all of which are as fully a part of the contract as if herein
Page 10 of 14
13-6014 Vanderbilt Beach Concession
Packet Page-1253-
4/9/2013 16.D.7.
set out verbatim: All Insurance Certificate(s), Exhibits, RFP #13-6014, and proposer's
proposal. In the event that any Terms and Conditions of the Request for Proposal are
perceived or found to be in conflict with this Agreement, the Agreement shall take
precedence. This Agreement contains the entire understanding between the parties
and any modifications to this Agreement shall be mutually agreed upon in writing by
the Concessionaire and the Parks and Recreation Director or designee, in compliance
with the County Purchasing Policy and Administrative Procedures in effect at the
time such services are authorized.
42. 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, and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, Concessionaire, and/or any employee of
the Concessionaire from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or Concessionaire 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 contract held by the individual
and/or Concessionaire for cause.
43. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement,
the Concessionaire is formally acknowledging without exception or stipulation that it is
fully responsible for complying with the provisions of 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. Failure by the Concessionaire 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.
44. 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 Concessionaire 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 Concessionaire 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, Florida Statutes.
45. 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
Page 11 of 14
13-6014 Vanderbilt Beach Concession
Packet Page-1254-
4/9/2013 16.D.7.
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
46. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful Concessionaire extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful Concessionaire.
47. 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.
48. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to
this contract in compliance with the Purchasing Policy.
***************+UAAAAA*Remainder of page intentionally left blank***************************
Page 12 of 14
13-6014 Vanderbilt Beach Concession
Packet Page-1255-
I
4/9/2013 16.D.7.
IN WITNESS WHEREOF,the Concessionaire and the County,have each,respectively,by.an
authorized person or agent, hereunder set their hands and seals on the date and year first
above written.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
ATTEST:
DWIGHT E. BROCK,CLERK OF COURTS
By:, By:
Deputy Clerk Georgia A. Hiller,Esq.,Chairwoman
Day-Star Unlimited,Inc. d/b/a Cabana Dan's
Concessionaire
By:
First Witness Signature of President
Typed/print witness name Printed name of President
Second Witness
Typed/print witness name
Approved as to form and
0 legal sufficiency:
Assistant County Attorney
Page 13 of 14
13-6014 Vanderbilt Beach Concession
Packet Page-1256-
4/9/2013 16.D.7.
Exhibit A
Vanderbilt Beach Park
t "a grtr '
Recreation 3 j ' —— ' u0�11 ' j
Comma d 0• t , n• `SOUTHBAYY DR `1 `is, ,A-;',r m
i
S' �vn} � � .r Y* ' ih •,
<c
0.'
II a'gssi>t
-E- FM77 S
R29 &. o
Beaiih Aooefs. .' �'%, � :�gruva_R,e3rlr,8 a
Concession ` 1l.C.H_RD , .
�'r
rw
,. Vanderbilt ,
, Bea --Beach Park 1 —1-7--7-, �
Vanderbilt Beach Parking garage,,
,,,,,,Gulf }-l-l—t-1 4�
Mexieo r; y
r„� _ -
1 % 1,-.4
-,,,,,,,S , -, , Ritz-Carlton r
iy 5,
A.
r
N Facilities:
Vanderbilt Beach Access 1 340 parking spaces f
Vanderbilt Beach Road w —0111- -- E easy handicap accessibility 1
Naples,Florida 34108 showers
bicylce racks
(239)353-0404
S rest rooms
Feet + DNR Monuments i
0 250 500
Source: 2008 Aerials-Collier County Property Appraiser Roads
Created by Collier County Parka and Recreation Hours:8:00 am to sundown
H./ACCREDITATION WORKBOOK 2010/GIS maps/Collier County parks
Page 14 of 14
13-6014 Vanderbilt Beach Concession
Packet Page-1257-