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Agenda 01/12/2010 Item #16D 7 - - - "".._._~". Agenda Item No. 16D7 January 12. 2010 Page 1 of 16 EXECUTIVE SUMMARY Recommendation to award RFP 09-5247 and authorize the Chairman to sign agreement between Collier County and Recreational Facilities of America, Inc., for food & beach concessions at Tigertail Beach. Obiecti,ve: To continue to provide food and beach concession service to the patrons of Tigertail Beach. Considerations: The Parks and Recreation Department, with the approval of the County Manager, submitted a Request for Proposal (RFP) to operate a beach rental and food concession at Tigertail Beach on Marco Island, Florida. This agreement is a five (5) year contract with a five (5) year renewal. The contract will take effect with the approval of the award on the date of the Board of County Commissioners' meeting. Inquiries were sent to thirty-two (32) vendors on June 1st, 2009, sixteen (16) vendors requested full packages; one (1) proposal was received from Recreation Facilities of America, Inc. ("RFA"). A Selection committee reviewed the proposal and recommended the award to RFA Staff has negotiated and reached an agreement with RF A. Fiscal Impact: Monies are appropriated in the Parks and Recreation, Beach and Water General Fund (001) for concession revenues. The remittance to the County under the amended agreement will be $500 minimum or 12% of gross sale, whichever is greater, each month. LeAal Considerations: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient for Board action. - CMG Growth Management: There is no impact to the Growth Management Plan associated with this action. Recommendation: Award RFP 09-5247 and authorize the Chairman to sign agreement between Collier County and Recreational Facilities of America, Inc., for food & beach concessions at Tigertail Beach. Prepared by: Murdo Smith, Region 1 Manager Parks and Recreation ,_.~- .._, _,_"__n_"'_ ....,...~.. .._..0_..... "'p .~--=-."._-,~~, Agenda Item No. 1607 January 12, 2010 Page 2 of 16 - COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 1607 Recommendation to award RFP 09-5247 and authorize the Chairman to sign agreement between Collier County and Recreational Facilities of America, Inc., for food & beach concessions at Tigertail Beach. MeetIng Date: 1/12/20109:00:00 AM Approved By Murda Smith Manager ~ Parks~BeachlWater Date Public Services Division Parks & Recreation 12/29/20095:01 PM Approved By Scott R. Teach Deputy County Attorney Date County Attorney County Attorney 12/30/20098:59 AM Approved By Marla Ramsey Administrator ~ Public Services Date Public Services Division Public Services Division 12130120093:07 PM Approved By Rhonda Cummings Contracts Specialist Date Administrative Services Division Purchasing & General Services 12130120094:32 PM Approved By Kelsey Ward Manager. Contracts Administration Date Administrative Services Division Purchasing & General Services 12/30/2009 4:43 PM Approved By OMS Coordinator Date County Manager's Office Office of Management & Budget 1213112009 9:45 AM Approved By Sherry Pryor Managementl Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 12131/200911:01 AM Approved By John A, Yonkosky Director ~ Management and Budget Date Office of Management & Budget Office of Management & Budget 12/31/2009 11 :03 AM -.. _'^__'_'~'^'~_~_~M~ ",'^--' .-'. Agenda Item No. 1607 January 12, 2010 Page 3 of 16 Contract # 09-5247 TIGERTAIL BEACH WATER AND BEACH CONCESSION AGREEMENT THIS AGREEMENT made effective this day of ,20 , between Collier County, a political subdivision of the State of Florida (hereinafter called the "County") and Recreational Facilities of America, Inc., a Florida Corporation with offices at 2012 Sheffield Avenue, Marco Island, Florida 34145 (hereinafter called "Concessionaire"). 1. 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 Tigertail Beach, 490 Hernando Drive, Marco Island, 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 a term of five (5) years, commencing on award by the Board of County Commissioners, and shall be renewable upon satisfactory performance by the Concessionaire, for an additional five (5) year period, under the same terms and conditions, subject to the subsequent approval of the Board of County Commissioners. 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: All that part of Section 07, Township 52 South, Range 26, Collier County, Florida known as Tigertail Beach; Marco Bch Unit 14, TR A, PAR 1. The Concessionaire shall have use of the beachfront, in accordance with the limitations of paragraph 1 [c] below. There is a Chickee hut available on site for the operation of the concession. 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: 1. Sale and/or Rental of Related Beach Items and Sundries. Shall include but not be limited to: umbrellas, beach chairs, etc. and the sale of incidental beach recreational items such as sun tan lotions, sunglasses and any other lawful activity approved in writing by the Director of the Parks and Recreation Department or their designee. ] Agenda Item No. 1607 January 12, 2010 Page 4 of 16 Concessionaire shall provide a list of the items to be rented at the concession to the Parks and Recreation Director or their designee, which shall be updated monthly with any changes. The Concessionaire shall additionally provide a price list in writing for approval by the Parks and Recreation Director or hislher designee. If pedal boats and similar equipment are rented, a chase boat must be present and in operational use at all times. 2. Food and Beverage Sale. The Concessionaire shall set up the concession for the sale of food and beverages. The sale of food and beverages and any other related lawful activity shall be approved in writing by the Contract Manager. The Contract Officer may authorize the Concessionaire to expand the services, provided such authorization is in writing. 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: Recreational Facilities of America, Inc. P.O. Box 2111 Marco Island, Florida 34146-2111 Phone: 239-285-8414; Fax: 239-389-2330 E-mail: asmith2330@comcast.net Attention: Anthony Smith, President 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, Florida 34109 Fax: 239-252-6536 E-mail: MurdoSmith@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. - 2 _ ___..,.,.v~.;_"" , _,~_^,_".,_.._ ., ~_...;-'-"--- ,,-,-'-'"- ..,-.-...._,- __._ ___U n______ __ ___________ _______ _'___~U__.________ ____ _ _ Agenda Item No. 1607 January 12,2010 5. ASSIGNMENT. The Concessionaire may not assign this Agreement, or any parfffl!t~Of, 16 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 his/her 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/her authorized representative 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 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 trash receptacles. 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 during the term of this Agreement. Any utilities that are for the benefit of the Concessionaire shall be paid by the Concessionaire (Le. Telephone). 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 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%) of gross total concession sales (all sales less sales tax), whichever is greater. 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. 3 .- Agenda Item No. 1607 January 12, 2010 Page 6 of 16 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 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, 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, may cancel this Agreement, and may begin procedures to collect the Performance Bond. A monthly report of activities shall be submitted to the Director of Parks and Recreation by the fifteenth (15th) of each month. This report shall accompany the monthly statement of gross revenues and will be subject to audit. 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, 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. - 14. CONCESSIONAIRE NOT TO REMOVE PROPERTY. Concessionaire shall not remove from the Tigertail Beach 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 Tigertail Beach and shall do so within fifteen (15) days following the expiration of this Agreement, provided such personal property and equipment must be removed without damage to the premises. On Concessionaire's failure to do so, the 4 ,-,,-,,~""-_.._-' -'.~-~.^..-.', -, ,.,...,-"..,-" ..-..-.,^--..... -- ------'. Agenda Item No. 16D7 January 12, 2010 County may cause same to be removed and stored at the cost and expensCaaf MJ 16 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 at the place designated by the 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 cash 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. 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 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 a authorized representatives of the Director of Parks and Recreation or designee, 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. 5 Agenda Item No. 1607 January 12, 2010 21. ORDERLY OPERATIONS. ETC. The Concessionaire shall have a neat andPB~Mr~16 operation at all times and shall be solely responsible for necessary housekeeping services to properly maintain the premises. There shall be no living quarters, nor shall anyone be permitted to live on the premises. 22. EMPLOYEES; MANAGER. The Concessionaire shall employ people to work at this facility who are neat, clean, well-groomed and courteous. All employees shall observe all the graces of personal grooming. Subject to the American with Disabilities Act, 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. 23. HOURS OF OPERATION. The concession shall be open and properly staffed seven (7) days per week. The hours of operation shall be from at least 9:00 a.m. through 5:00 p.m., including holidays. The Concessionaire may open at an earlier time and close at a later time subject to prior written approval of the Director of Parks and Recreation Department. All hours of operation shall be conspicuously posted and easily read by park visitors. ,-'-- 24. USE OF THE FACiliTIES IS PRIMARY. Tigertail Beach is for the use of the public for recreational and other public purposes and the publics 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, 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 their 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 6 - ,""'_.~_. p, .-".... "-""'~.-, <, - ...--~_.~-' - - .. ..._.,..,,~, '.'-'" -- . Agenda Item No. 1607 January 12, 2010 the Director of Parks and Recreation or designee. The Concessionaire shall rerff'8r ~eii 16 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 is not cured within fifteen (15) days after written notice is given to the Concessionaire, the County may cancel 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. 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. TERMINATION. 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. 31. COUNTY CONTROL OF TIGERTAIL BEACH CONCESSION. Nothing in this Agreement will preclude the County from using the public areas of Tigertail 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 their designee. 32. FLORIDA LAW. This Agreement shall be governed by and construed in accordance with the Law of the State of Florida. 7 , -- -- Agenda Item No. 1607 January 12. 2010 33. VEHICLES IN PARK. Vehicles are allowed in the areas only where roadJl~~ 1affi16 provided. Vehicles shall park only in areas designated by the County and the City of Marco Island 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 their designee and any other appropriate agency. 34. 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 or their designee, and is contingent upon approval of the appropriate permitting agency. . 35. STORM WARNING. Upon declaration of a hurricane projecting an imminate strike, or the implementation of evacuation procedures from Collier County, Concessionaire shall meet with the Parks and Recreation Director or their 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. 36. CONTAINERS. The sale of items in glass containers is not permitted. The use of straws 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. 37. 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. 38. 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. 39. 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 Operations and Contractual Liability. 8 --"--,,.,,-"~"--'-"'-" ~~._-- - Agenda Item No. 1607 January 12. 2010 B. Workers' Compensation: Insurance covering all employees meeting ~afulb~ 16 Limits in compliance with all their applicable state and federal laws. fulecial 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. 40. 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 their designee unless the context renders such construction illogical. 41. 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); RFP No. 09-5247, 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. 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, 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. 43. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Contractor 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 Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 44. 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. 9 45. Agenda Item No. 1607 January 12 2010 OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: COllierag,ccimtys encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful Contractor. 46. ADDITIONAL ITEMS/SERVICES: Additional items and/or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contractor. " " " " . - . - " " " . " . - " " " ........ - ...... ... . 10 - '-'--"'-~-~ -'-'-"- , _"___'~'_ " __~_U''''''__ ____....'..._. r _-_'''''.___'_ _._._.._-------,.._..~-"--_._._. Agenda Item No. 1607 January 12, 2010 Page 13 of 16 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. Dated: .... '--~ . ~_. _. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK OF COURTS By: Deputy Clerk By: " , CHAIRMAN FACI TIES OF AMERICA INC. First Witness _M4r~,~ )1\'\ iib Typed/print witness name . By Ignature of President .A~ \f.S~ Printe name of President ff(d M N\u~cdnrr. Typed/print witness name Approved as to form and legal sufficiency: County Attorney 11 ---.--,.-".- Agenda Item No. 1607 January 12, 2010 Logan Insurance Agency, 3801 North 9th Avenue Pensacola FL 32503 phone: 850-438-1449 Inc. , OP 10 ....TE IMMIlXlIYYYYl RFAINCl 10 13 09 THIS CERlIFICA TE IS ISSUED AS A MAlTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. IlNSURERS AFFORDING COVERAGE' HAlC. , , i INSURE~ It:. ACORQ. CERTIFICATE OF LIABILITY INSURANCE .- PRODUCER Fax: 85D-43S-0085 INSU.ED Essex Insurance COIlIp&IlY Recreational raci.llties of Ala. In". dba Iiqertail Boh RentaJ.s Ii' 0 Box 2 1], _rco 1..1. FL 34146 , i INSURER 8- I - ~,-,-,.- ; INSURER C' ". ; INSURER g, _. , ~,-_. --"-~..- INSURER E' COVERAGES THE roue!!:s OF IN$UFW'CE LISTED BELOW HAVE BUN ISSUED lOTHE. mUREO NAMED ABOVE FOR THE POUCY PERIOD INDiCATED NOTWlTHSTANDmG AH't t=leDU/ReMENT. TERM ciA CONDmO,.. OF ANt COHTRAC:T OR OTHER DOCUMENT WITH RESPECT TO WHltH THIS CERTlfllCATE MAY BE ISSueD OR MAVPERTAlM. T'HE lHSURANCE AFFOROE08V THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS EXCLUSIONS AND CONOmONS Of" SUCH P()ucIES AOGREOAn: It.t!T-SSHONN MAY HAW BEEN REDlJCED BY PAlD CLAIMS, L TR TYJIf 0' tHSURANCf! ---r- -roLlCV HUMan: GENERAl. lWIliJ1Y A X X COMMERCIAl.GE......UIA8lLII'I 3DC2510 r-- J Cl.AlNO MACe ! ~ J OCCUR -- l~W~i~ -, UMIT8 I ! EACHOCCUR....ce 11000000 , 10/01/09 10/01/10 t~.....~~ 150000 I IMED....I............... .1000 I r;...ONAl.AllV INJUR< ,1000000 I I ~,,!,_NERAL"""RECATE 1.1000000 I I I P.ODUCTS. COMPIOP """ I INCt.lJDED - I~~ - ----.-,...-- l GEN-L AGGR~~~ llMtT APFluES PD n pOllc'il I ~~ r 1 LaC ALf1'C)MQaIL..E UA8lUTY MVAUTO ALL OWNED AUTOS SCHEOUl.EO AUTOS __ HIRED oWTOS NON-OWNED AUTOS ;1 . 1 , , , I COMBINED sm-GlE LMr (E."Q;'~' ------- I BODILY INJURY i (Per permnJ , r BODilY INJURY IIPer lIU'..IQe>~} I PROPERTY OAw.GE IjF'<<.wilelll) , . ! , I: , GARAGE UA8fU1'Y AH'IAUTO I , i ! I I , , , i I ! , : AUTO ONLY - EA ACCIDENT I' . I 1 crtHER THAN EAACC' I A.lJTOON\.Y '.-.GO . I EACH OCCURRENCE $ - r_AGGREGATE ______ i S . I' ! -~-".-----',..., ".'".-''''r--:- --. " r- __"__ I - i II ! h~Y~(~:~sJ I~J.rt , i E LEACH ACCIOEHT $ l-e,L DISEASE. fA ~ovuf . E-L. DISEASe:. POUCY lIMIT S I ! ---- ! EXCfS5IUM8RELLA UABlI IT'Y o OCCUR l--.J CVdMSMAllE I ! I j i oesCRIf'TJON OF OpeRATIONS I L.OCATIONS 1 VEHICLeS' EXCLUSIONS ADDEO BY ENDORSEMENT J SPE.CIAL PROVISIONS Beach Chairs, Umbrellas, Boat Rentals, Concession Stand, 1 ATV ___ OEDUCTl8l.E ! ilE"'NrlON . WORKERS COMPENSATION AND EMPLOYER$" LIA8tUTY 1Hf PROPRIETORJPARTHERlEXECUTlVE I OfF"ICERI'MEMBER EXCLUDED? - II ~J de..:llitle IIMer SPfClAl PROVISIONS blow OTHE. ! I I i eoveraq& increased to 1 mil eff. 10-12-09 Collier County Board of County CO~;$sioners 3301 E. T~miami Trail Naples E'L 34112 CANCELLATION' COLLIER SHOULD A.NY Of THE A.BOIIE DESCRIBED POLICIES BE CANCelLED BEFORE THE EXPIRATlON DATE THEREOF, THE tSSUING INSURER wn.!. ENDEAVOR TO MAlL 10 DAYS WRrTTE:N ~onCE 10 THE CERT1FICAT"E HOLDER NAMED TO THE lEn. BUT FAIlURE TO 00 so SHAll IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE INSURER. ITS AGENTS OR REPRESENT ATNES. AUTHORIZED REPRESENTATJVE CERTIFICATE HOLPER Michael E Suskind ACORP 25 (2001/08) -"-~"--_.'"_..__._. --.--...,.... ... ..----..,....-,.. "_._-'.",,~-'--".,- ... ~ FROM <TUE)DEC .US 20081 a: 40/ST. . Aoenda Item No. 1607 e'o87NOJaR~~~'~~~0~0 1 Page 15 of 16 Page 1 of2 F onn - Certificate Of Insurance CERTIFICATE OF LIABILITY INSURANCE DATe: (MM'DDIYY) 1211SI2OIJO PRODUCER. (813)631-8877 'AX (813)637-8484 ln8w'anc:c Office of America, mc. 4915 W.Cypress Street Suite 100 Tampa, FL 33601 INSURED Pyramid Employer Services m, me. 9843 181h St N., Su:lla150 Sl p"""'...... FL. 33716-4209 Altemate Employer: Recreannnal Facilitiea of America nilS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THe: CERTIFICATE HOLDER.. THIS CERT1FICATE DOES NOT AIAUENO. EXTEND OR At TER me COVERAGE AFFORDED BY ll-/E POLICIES BelOW. INSURERS AFFORDING COVERAGE INSURER A: GuarwlIH Ins\Il'IInclll CompMy 11398 INSURER B: INSURERC: INSURER 0: lNSlJRERE: COVERAGES Tl-lE POl.ICIES OF INSURANce LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERloe INOICATB). NOT'WlnfSTANOING ANY REQUIRWENr, TERM OR CONDITION OF ANY CON1'RA.CT OR ontER DOCUMENT WITH ReSPECT TO WHICH THJS CERTIFICA.TE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POlICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. exCWSIONS AND CONDITIONS OF SUCH POliCIES. AGGAEGA1'E UMlTS SHO\I\IN t.cAY HAVE BEEN REDUCED BY PAID ClAIMS. INSR LTR TYPE: Of' IN$UMNC& aEN~ I.WJLITY COt.Oll GI!NERALUABUJTY ClAIMS MADE DOCCllJ\ POliCY NUMBER POUGY EXPI/Ut.T\ON OATE MWDDNY UMI'!3 GE""-. AGG LIMIT APPUES PER: POL PROJ LOC UTOMOBILELWULITY ANY AUTO ALL O'NNED AUTOS SCHEDULED AUTOS HIRED AUTOS NO~ED"UTOS H OCCUft~ IRE Dr\MAGE(MyCN riAl) EXP (Any OM HfS<<\) ONAl & AfJI/1NJURY mAl AGGREGATE ODUCTS-COMP/OP AGG MBINED SINGLE LIMIT (Ea "'...," OOIL V INJURY (~rpenDll) COlLY INJURY (Per acr:idltl1t) GELIMILITY ANY AUTO ROPERTY DA",-GE <P-f "''''''" UTe ONLY- EA ACCfOENT O1'HER THAN AUTO ONLY: EAACC AGO CtAlMS MADe CH OCCURReNCe GGREGATE DEDUCTIBLE RETENTION KERS COMPENSATION AND '-'PLOVERS' LlABlJTY GPEOI20000001-109 01/0112009 01/01/2010 X WCStelu-tory 0>>1- Limlla ER L. EACH ACCIDSfT .L OISEASE-EA EM""-OYEE .L PISEASE-POLICY LIMIT A THeR DESCRIPTION Of OPERATlONSllOCATIONSNEHICLESlEXLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Coverage is provided for only those employees leased but not subcontrnctors of Pynunid Employer Services 1 n, Inc. and Recreational Facilite of America for any job. opaation, or proj~ penOlmed during tbe above policy period. Addendum to cancellation: 10 cia ICERTIFICATE HOLPER IICANCELLATION Collier County Bee SHOULD ANY OF THE ABOVE OESCRB8) POLICIES BE CANCEU..eo BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WilL ENDEAVOR TO MAlL.JllDAVS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAIlURE TO MAlL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR: LJABIUTY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENlATNES. AuthuriartJR"p""'Knt..rtv. Diartil DeLeou 3301 East Tamiami Trail Bid 0 N8p1cs,1'134112 Aennan Peery ~ oLL-. Ii:: :."~ :.:-.:- : ":-::_~::-::-:::=7;-:;f;::':"'-;^--:__ ::.-::::r;.--:.i.:-; .-:T":-::';T~::i..-.C'.::::::':::-.::.-.::"'-''''--- ____.._n.. . _~_ ___ ____ __.___~.__ ~.....____.__,. ___..___~__~. .____ _.. ....._.... '-"l"'iH:C-nnnii.-~-- . FROM (TUE)DeO ,G 200-. e: 40....ST. Aaenda Item No. 1607 e, ""/N':ra~"rl'"1tlnJ 2 Page 16 of 16 Page 2 of2 Form - Certificate OfInsurance - IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(k\s) must_be endorsed. A statement on this certificate does not confer rights to the certffcate holder in lieu of such endorsement(s). If SUBROGATION IS WANED, 5L1bject to thlt terms and conditions of the p'olicy, certain policies may require an endorsement. A statement on this oertifial8 does not confer rights to the certificaw holder In lieu of such endonlements(s). ,. DISCLAIMER The Certificate of Insurance on the lllIV8rse side of thts form does not constitute a contract between the Issuing Insurer(s), authortzed representative or producer, and tho certfficate holder. nor does it atfinnativefy 01 negatively 1iImenc:J. extend or alter the coverage afforded by the polldes Rsted thereon. _',N.. -~~-- .-f+n'I'.;;';;.:i~';'-;n-;;:i1C"-....~;.:.-;:.:., 7rl~~~-^'~;;;;'~(.7;;;':f.;:;-;.;;-r"';';';+1 ';';;kr;;:~-',;;;;;: -.. .--- - - .....---.---.--..---,---- --.-. ..---- -..-.---..-,-------.- --"-i 'fi"f'2:.P'5tii\"---- .~-_.~. -