Agenda 01/10/2012 Item #16E51/10/2012 Item 16. E. 5.
EXECUTIVE SUMMARY
Recommendation to approve Amendment 91 to Contract #11 -5666 "Barefoot Beach
Concessionaire Agreement" with Day -Star Unlimited, Inc. d/b /a Cabana Dan's and
authorize the Chairman to sign the amendment.
OBJECTIVE: To gain the Board of County Commissioners' ( "Board ") approval to sign
Amendment #1 to Contract #I1 -5666 with Day -Star Unlimited, Inc. d/b /a Cabana Dan's
( "Concessionaire ") and authorize the Chairman to sign the amendment to the contract attached as
"Exhibit A -1" for beach rental and food concessions at Barefoot Beach.
CONSIDERATIONS: The Board approved contract 411 -5666 "Barefoot Beach
Concessionaire Agreement" on November 28, 2011 agenda item 10H. Subsequently, on
December 1, 2011 the Concessionaire, upon reviewing the agreement, found (3) three items that
needed revision based on prior discussions with the Finance Department and staff. The
amendment provides for the following:
1. Changing the name of the area on Exhibit A -2, currently labeled "Vending
Machines" to "Food and Beverage Storage ", which more accurately reflects the purpose
and usage of the designated space;
2. Amending the language in Section 11 Consideration and 12 Default In Payment
to comply with Florida Statute 212.031 which allows for exemption from paying sales tax
on lease payments if "such property is leased, sub - leased, licensed, or rented to a person
providing food and drink concession services within the premises of a publicly owned
recreational facility;" and
3. Waiving consideration payments to the County for a period of two (2) months
($1800.00), beginning on the date the Concessionaire opens for business and terminating
sixty (60) days later. This amendment is an accommodation made in recognition of the
Concessionaire's investment in improvements. It was discussed and agreed upon
between staff and the Concessionaire but failed to be included in the original contract.
Staff has added a fourth item to the amendment in compliance with the current Board approved
Purchasing Policy Section XV.D which provides for an extension period. The policy states:
"Contract Extension: Extension(s) of a Board - approved contract for commodities or services
may be requested by the contract manager to the Purchasing /General Services Director in writing
for a period not to exceed six (6) months (cumulatively) and shall be subject to the same terms
and conditions set forth in the initial contract." The initial contract allows for one hundred
twenty (120) additional days. However, staff would like to have the full six (6) months
allowable extension period option.
FISCAL IMPACT: The County will waive nine hundred ($900) dollars per month for two (2)
months from the concessionaire for a total of one thousand eight hundred ($1800.00) dollars.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this action.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office,
requires majority vote, and is legally sufficient for Board action. — CMG
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1/10/2012 Item 16.E.5.
RECOMMENDATIONS: That the Board of County Commissioners approve Amendment #1
to Contract #11 -5666 `Barefoot Beach Concessionaire Agreement" and authorizes the Chairman
to sign Exhibit A -1.
Prepared by: Diana Diaz DeLeon, CPPB, Contract Technician, Purchasing Dept.
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.5.
1/10/2012 Item 16.E.5.
Item Summary: Recommendation to approve Amendment #1 to Contract #11 -5666
"Barefoot Beach Concessionaire Agreement" with Day -Star Unlimited, Inc. d /b /a Cabana Dan's
and authorize the Chairman to sign the amendment.
Meeting Date: 1/10/2012
Prepared By
Name: DeLeonDiana
Title: VALUE MISSING
12/27/20113:36:36 PM
Submitted by
Title: VALUE MISSING
Name: DeLeonDiana
12/27/20113:36:37 PM
Approved By
Name: SmithKristen
Title: Administrative Secretary,Risk Management
Date: 12/27/20114:34:31 PM
Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 12/28/2011 8:48:23 AM
Name: CarnellSteve
Title: Director - Purchasing /General Services,Purchasing
Date: 12/28/20113:10:32 PM
Name: DeLeonDiana
Date: 12/28/20113:42:02 PM
Name: GreeneColleen
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Title: Assistant County Attorney,County Attorney
Date: 12/28/20114:56:30 PM
Name: PriceLen
Title: Administrator - Administrative Services,
Date: 12/29/2011 11:18:07 AM
Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 12/29/2011 11:44:14 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/30/20119:16:03 AM
Name: FinnEd
Date: 1/4/2012 10:03:46 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/4/2012 10:51:27 AM
Name: OchsLeo
Title: County Manager
Date: 1/4/2012 12:08:09 PM
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1/10/2012 Item 16.E.5.
1/10/2012 Item 16.E.5.
Contract # 11.5666
BAREFOOT BEACH CONCESSIONAIRE AGREEMENT
THIS AGREEMENT made effective this '1441 day of 20 I ! ,
between Collier County, a political subdivision of the State of Florida (hereinafter called the
"County ") and Day -Star Unlimited, Inc., d /b /a Cabana Dan's, a Florida Corporation with
offices at 675 -96th Avenue North, Naples, Florida 34108 (hereinafter called "Concessionaire ").
SCOPE. 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 2 Barefoot Beach Boulevard, Bonita Springs, Florida, 34134 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 five (5) additional one (1) year
periods, under the same terms and conditions. The County Manager or his
designee may extend this Agreement for up to one hundred twenty (120)
additional days following expiration of the original or subsequent five (5) year
terms. In no event, including renewal option, shall the contract exceed ten (10)
years.
B. FACILITIES. The County shall provide to the Concessionaire the use of the
following facilities and space at the area known as Barefoot Beach:
Under the canopy at the bath house facility as per attached Exhibit "A ", Pages
A -1 and A -2, and incorporated herein by reference.
2. The Concessionaire shall have use of the beachfront, in accordance with the
limitations of paragraph C (1) below.
3. The Concessionaire agrees to construct a structure at a location on the beach,
located within the existing; footprint.: ;of the current .facility, and make other
upgrades to the property at an estimated cost of fifty thousand ($50,000)
dollars, after obtaining approval in writing by the Parks and Recreation Director
or designee, provided all proper permits are obtained prior to construction,
including but not limited to state and local agencies. Design of any structure on
the facility shall also be approved in writing, prior to construction, by the Parks
and Recreation Director or designee. All structures built by the Concessionaire
shall become property of Collier County at the end of the Agreement. The
Schedule for construction of the structure shall be mutually agreed upon in
writing between the Concessionaire and the County within thirty (30) days after
approval of this Agreement by the Board of County Commissioners. Any
subsequent changes to the agreed upon construction schedule shall be at the
sole discretion of the County and shall be in writing.
4. Any improvements made for the benefit of the Concessionaire shall be paid for
by the Concessionaire.
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1/10/2012 Item 16.E.5.
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-
1 . Food and Beverage Service. The Concessionaire shall set up the
concession for the sale of food and /or beverages on the designated location
under the canopy of the bath house facility. The sale of food and /or
beverages, ice cream, pre - packaged snacks, etc, may also be sold from a
designated location on the beachfront, or a mobile cart, in accordance with the
provisions of this Agreement, subject to written approval by the Parks and
Recreation Director or designee. The Concessionaire may also sell prepared
foods such as, but not limited to, sandwich wraps and salads, etc., as long as
the proper permits are maintained for the sale of such items. The vending
machines operated by the Parks and Recreation Department shall remain at
Barefoot Beach.
2. Sale and /or Rental of Related Beach Items and Sundries. The sale and /or
rental of items, which may include but not be limited to, umbrellas, beach
chairs, tubes, rafts, floats, kayaks, paddle boats, cabanas, caps, shirts, jewelry,
etc., and related sundries, including lotion, shall be approved in writing by the
Director of the Parks and Recreation Department or designee. 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 to the Parks and Recreation Director or designee 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.
If pedal boats and similar equipment are rented, a chase boat must be present
and in operational use at all times.
3. Other Miscellaneous Functions. As approved in advance in writing by the
County, these functions may include, but are not limited to, weddings,
graduations, dinners, club functions, etc.
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 Canaba Dan's
676 -96=" Avenue North, Naples, FL 34108
Phone: 239- 777 -4040
E -mail: cabanadan @comcast.net
Attention: Daniel Byers
Paae 2 of l l
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1/10/2012 Item 16.E.5.
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:
Collier County Parks and Recreation Department
15000 Livingston Rd., Naples, FL 34109
Fax: 239 - 252 -6536
E -mail: NancyOlson@colliergov.net
Attention: Region #1 Manager
3. NOT A LEASE. No part, parcel, building, structure, equipment or space is leased to
the Concessionaire; that the corporation is a Concessionaire and not a lessee; that
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, The Concessionaire may not assign this Agreement, or any part hereof,
without prior written approval of the Board of County Commissioners. Any attempt to
assign without such approval shall be void. Concessionaire agrees that without the prior
written consent of the Board of County Commissioners, no shareholder shall sell, assign,
transfer or convey their stock (except by operation of law), nor shall the corporation issue
any additional shares of stock, if any such transfer or issuance will effectively change the
ownership of the corporation. However, the shareholders have the right to convey
between themselves and their spouses and children without the County's consent.
6. MAINTENANCE AND REPAIRS. The Concessionaire shall, to the satisfaction of the
Director of Parks and Recreation or his authorized representative, and at the
Concessionaires sole cost, provide normal and routine daily, monthly, and 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.
7. TRASH, RUBBISH AND GARBAGE. The County will provide all garbage, trash,
recycling and rubbish receptacles within the confines of his area. The Concessionaire
shall be responsible for the pickup and removal of all rubbish, trash and garbage from
the concession area to the dumpster currently located in parking lot # 3. The County
reserves the right to change this location upon seven (7) day written notice to the
Concessionaire. The Concessionaire agrees to perform daily removal of litter in the
immediate exterior area within fifty (50) feet of the concession.
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 responsibility of fifty ($50.00) dollars per month utility cost in
accordance with item 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).
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1/10/2012 Item 16.E.5.
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. CONSIDERATION. The Concessionaire shall remit to the County, as consideration for
this Agreement, a lump sum total of Nine Hundred ($900) dollars per month which
includes the proceeds received from the sale of food and sundries, canoe and kayak
rentals, and receipts from approved events. In addition, the Concessionaire shall pay
$50.00 per month utility cost. Both proceeds and utility payments 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. It is also
understood that the applicable Florida State Sales Use Tax on rental payments to the
County shall be added to the Concessionaire's rental payments and forwarded to the
County as part of said payments.
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.
Such statement shall be certified as true, accurate and complete by the Concessionaire
and approved by the Director of Parks and Recreation or his authorized representative.
This statement shall be accompanied by a report, which, as a minimum, shall include
hours of operation, 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.
12. DEFAULT IN PAYMENT. A monthly report of gross receipts, the payments computed on
that amount, and any other taxes and 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) days of such
due date, there shall be a late charge of Fifty Dollars ($50.00) for each such late payment,
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1/10/2012 Item 16.E.5.
in addition to interest at the highest rate allowable by law. 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 cancel this Agreement. The County has no duty to notify the
Concessionaire of its failure to remit any such payment or report.
13. FORCE MAJEURE. 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.
14. 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, 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.
15. 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 electronic cash control equipment and accounting
procedures shall be with the approval of the Collier County Finance Department. All sales
must be accompanied by a receipt to the customer.
16. 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
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coordinate with the Concessionaire regarding same. County shall provide
Concessionaire with notice of the availability of plans for any remodeling of the facilities.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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 including the daily cleaning of the restroom facility. The
County will furnish the Concessionaire all materials necessary to clean and supply
restrooms. The Concessionaire shall clean restrooms (sweeping, mopping, cleaning
sinks, toiled bowls, urinals, restocking, and emptying trash containers) twice a day; once
before 10:00 a.m. and second time by 2:00 p.m. Concessionaire shall make available all
areas under his 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.
22. EMPLOYEES, MANAGER. The Concessionaire shall employ people to work at this
facility who are neat, clean, well- groomed and courteous, and that have completed a
background screening and have been cleared to work for Concessionaire.
Concessionaire shall assume cost of background screening for this /her 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. All Concessionaire
employees shall wear shirts and shorts with the Concessionaire's logo or other identifying
marking. The Concessionaire shall have an experienced manager overseeing the
concession operations at all times when open for business.
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1/10/2012 Item 16.E.5.
23, 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. for the Beach operation, and from 10:00 a.m. to 3:00 p.m. for the
food concession, throughout the Season (December 15th through May 31St of each year)
including holidays. During the off Season (June 1'st through December 14th) including
holidays, the Beach operation shall be open from 9:00 a.m. through 5:00 p.m., and the
food concession from 10:00 a.m. to 3 :00 p.m. on weekends only. 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.
24. USE OF THE FACILITIES IS PRIMARY. Barefoot 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. However, this does not preclude the
Concessionaire from scheduling promotional events, such as weddings, receptions, high
school graduation parties, etc., which might temporarily limit access to the event site,
subject to the prior written approval for each event, on a case -by -case basis by the
Director of Parks and Recreation or designee.
25. 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, nor for any purpose in violation of any federal, state, or County law,
ordinance, rule, order or regulation, or of any applicable 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. The Concessionaire shall not commence operation during
such suspension until the violation has been corrected to the reasonable satisfaction of
the County.
26. 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.
27. 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.
28. DEFAULT AND TERMINATION. If the Concessionaire fails to comply with any of the
terms and conditions hereof and such default its not cured within fifteen (15) days after
written notice is given to the Concessionaire, the County may cancel this Agreement and
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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. AW
The Agreement may be terminated by the County immediately 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 its convenience by
giving the Concessionaire not less than a sixty (60) 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 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 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.
29. NO DISCRIMINATION. There shall be no discrimination as to race, gender, color, creed
or national origin in the operations referred to by this Concession Agreement; and further,
there shall be no discrimination regarding any use, service, maintenance, or operation of
the premises. All facilities located on the premises shall be made available to the public,
subject to the right of the Concessionaire to establish and enforce rules and regulations to
provide for the safety, orderly operation and security of the facilities.
30. COUNTY CONTROL OF BAREFOOT BEACH CONCESSION. Nothing in this
Agreement will preclude the County from using the public areas of Barefoot Beach for
public and /or 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.
31. FLORIDA LAW. This Agreement shall be governed by and construed in accordance with
the Law 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 and the City of
Bonita Springs 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.
33. STORAGE. Concessionaire shall obtain approval for any storage of equipment on the
beach from the appropriate permitting agencies. No overnight storage of any kind shall
take place on the beach unless approved in writing by the Parks and Recreation Director AWW
or designee, and is contingent upon approval of the appropriate permitting agency.
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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 Compliance 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.
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.
Pa-e9 of 1I
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1/10/2012 Item 16.E.5.
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. 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. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: All Insurance Certificate(s), Exhibits, RFP No. 11 -5666, 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.
41. 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, 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 contract held by the individual and /or firm for cause.
42. 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 1956 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.
43. 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.
44. 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.
45. ADDITIONAL ITEMS /SERVICES: Additional items and /or services may be added to this
contract upon satisfactory negotiation of price by the Parks and Recreation Director or
designee and Concessionaire.
Pace 10 of 11
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1/10/2012 Item 16.E.5.
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.
ATTEST:
DWIGHT E. BROCK, CLERK OF COURTS
0
Deputy Clerk
Typed/print witness name
Second Witness
Typed/print witness name
Approved as to form and
legal sufficiency:
Assistant County Attorney
__A�
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
11
FRED W. COYLE, CHAIRMAN
Day-Star U =1* ite
C sic
By:
Signature
Page 11 of 11
Inc. d/b/a Cabana Dan's
nt
Printed name of PresicleHt
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1/10/2012 Item 16.E.5.
1/10/2012 Item 16.E.5.
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1/10/2012 Item 16.E.5.
E)MIBIT A -1 Contract Amendment # 1 if
Contract #11 -5666 "Barefoot Beach Concessionaire Agreement"
This amendment, dated , 20_ to the referenced agreement shall be by and between the
parties to the original Agreement. Day -Star Unlimited, Inc., d/b %a Cabana Dan's (to be referred to as
"Concessionaire ") and Collier County, Florida, (to be referred to as "Owner"),
Statement of Understanding
RE: Contract # 11 -5666 "Barefoot Beach Concessionaire 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 follows:
The additions to the existing language in the Agreement are shown herein by underlining: deletions.from
the Agreement are shown by strikethroughs.
1. SCOPE
A. TERM The County Manager or his designee may extend this Agreement for up to one
hundred ditional days following expiration of the original or subsequent five
(5) year terms.
11. CONSIDERATION Both proceeds and utility payments are due to the County by ,the fifteenth
(15 h) of each month for the preceding month and such payments shall be accompanied by a statement of
gross receipts for the preceding month. Said payments -shall be waived for a period of two (2) months
beginning on the date the Concessionaire opens for business and terminating sixty (60) days later. 4-is
12. DEFAULT IN PAYMENT A monthly report of gross receipts, the payments computed on that
amount, and anN other t&ies and -fees due must be submitted to the County through the Director of Parks
and Recreation, to be received by the fifteenth (15t") of each month-
EXHTBTT A -2
Drax =ing of existing facility labeled "V ending Machines " shall now be labeled "Food and Beverage
Storage "
All other terms and conditions of the agreement shall remain in force.
Ln 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(s) indicated below.
ATTEST:
DVi7lGHT E. BROCK, Clerk
BV:
Date—d:
( SEAL)
Accepted:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA.
WE
FRED W. COYLE, Chairman
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Rp roved as to form & legal sufficiency
Colleen Greene,
Assistant County Attorney
Approved as to form and
legal sufficiency
Assistant County Attorney
(1) "&1K U —
�
Printed/Typed Name
Printed /Typed Name
CONCES
I:'
2
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1/10/2012 Item 16.E.5.
d /b /a Cabana Dan's
1/10/2012 Item 16.E.5.
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