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Backup Documents 04/09/2013 Item #16D 7 ORIGINAL DC CUMENTS CHECKLIST & ROUTING SLIP R R . ..T 77,"; TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUTRE R1 6K Routed by Purchasing Department to .� 6 07 Office Initials Date the Following Addressee(s) un routing order) 1. Risk Management Risk 1f4/0 2. County Attorney Office County Attorney Office do p 14/1 /1 3 3. BCC Office Board of County G V� Commissioners l j 4. Minutes and Records Clerk of Court's Office 'Tm t4'(„ri3 5. Return to Purchasing Department Purchasing �-I � Contact: Diana DeLeon PRIMARY CONTACT INFORMATION Name of Primary Diana DeLeon, April 9,2013 Phone Number 252-8375 Purchasing Staff if‘Q Contact and Date Agenda Date Item was April 9,2013 11 Agenda Item Number 16.D.7 Approved by the BCC Type of Document Contract Number of Original 2 Attached Documents Attached PO number or account N/A Solicitation/Contract 13-6014 Caban Dan's number if document is Number/Vendor Name eab^C to be recorded 1�-� \tQ..RS INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? DD 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency; Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DD signature and initials are required. 7. In most cases(some contracts are an exception),an electronic copy of the document and DD this routing slip should be provided to the County Attorney's Office before the item is input into SIRE. 8. The document was approved by the BCC on the date above and all changes made DD during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made, and the document is ready for the Chairman's signature. 4 MEMORANDUM 1 6 D !" Date: April 15, 2013 To: Diana De Leon, Contract Technician Purchasing Department From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Contract #13-6014 "Vanderbilt Beach Concession Agreement" Contractor: Cabana Dan's Concessionaire Attached, is an original of the contract referenced above (Item #16D7), approved by the Board of County Commissioners on Tuesday, April 9, 2013. The original will be held on file with the Minutes and Record's Department in the Board's Official Records. If you have any questions, please contact me at 252-8411. Thank you. Attachment 1607 Contract # 13-6014 VANDERBILT BEACH CONCESSION AGREEMENT THIS AGREEMENT made effective this 9441 day of pr-i I , 20 \3, 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 675 96th 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 1607 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 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 X607 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 3of14 13-6014 Vanderbilt Beach Concession 1607 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 1607 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 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, 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 16177 11 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 1607 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 Departil tent 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 1607 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 16fl7 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 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 1 6 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 T7 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. ***********************Remainder of page intentionally left blank*************************** Page 12 of 14 13-6014 Vanderbilt Beach Concession 1607 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 P? ` '?P'n. DWIGHT E. BRO C, CLERK OF C URTS 0 ....,, • By: A l' Al / De �ek erg! •A. ''Y ller, Esq., Chairwoman ` ,test aS r n skirratiirck oP"',''' Day-Star Unlimited, Inc. d/b/a Cabana Dan's Concessio.a re By: < First Witness "�gna -of President �AUD.,e,4 LAV/LL / ale y-e/ Typed/print witness name Printed name of President 2 - i Second Witness 4bp,',2,r�4',hebri/c) Typed/print witness name Approved as to form and item# 16Q1 "3- legal sufficiency: Ay.-da q )I ) Dot?, ! n-ti ec ) 11 Assistant Co A t Attorney `{'`� -/ S 3 Y Y ,,,,,:,,:y Cerk Page 13 of 14 13-6014 Vanderbilt Beach Concession Exhibit A Vanderbilt Beach Park 6 D 7 ., c..,.,,ER co, j a; Co, ier County Recreation - ,,. ,4., 1 Play,Connect .Discover ,t 3 ,..,� P410-?1 SQ!!T'HBAY 5 i.. -P ,.pe i. �,� CFn7TER S T f.v. Vilt r ,�Beach Access'- .• fiVAtim ''' t f�T B , Concession Rest;' �' � .w �'_ 1 Rooms . �s r tea,•....,,,„ r �, Vanderbilt --F Beach Park 1.-- ?..; .._'__ vr , w p Vanderbilt Beach Parking Garage-, Gulf a .x �1. f_ I CI Mexico R291k x s;e r' a �, ,7„---------,.+-,° Ritz-Carlton -s N Facilities: Vanderbilt Beach Access 340 parking spaces Vanderbilt Beach Road E easy handicap accessibility Naples, Florida 34108 showers (239)353-0404 bicylce racks S rest rooms Feet } DNR Monuments 0 250 500 Source: 2008 Aerials-Collier County Property Appraiser Roads Created by: Collier County Parks 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 ___�1 1 6 GIlD: KR .4�co-- CERTIFICATE OF LIABILITY INSURANCE DATE 03/221YYYY) 03122!13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 239-489-3232 CONTACT NAME: A Bouchard-Fort Myers 239 489-1084 PHONE FAX 8191 College Pkwy Suite 202 IAIC,No,Eel): (A/C,No): P 0 Box 60287 E-MAIL Fort Myers,FL 33906-6287 ADORE Bouchard Insurance CUSDUC E:ER DAYST-1 CUSTOMER ID#: INSURER(S)AFFORDING COVERAGE NAIC# INSURED Day Star Unlimited Corp. INSURER A:SOUTHERN OWNERS INSURANCE CO 110190 675 96th Ave N. INSURER B Naples, FL 34108 I INSURER C: INSURER D: I INSURER E: I INSURER F: 1 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I IADDL SUER I POLICY EFF I POLICY EXP LTR. TYPE OF INSURANCE ,INSR WVD I POLICY NUMBER •(MMlDDlYYYY)�LMM/DD/YYYY] LIMITS GENERAL LIABILITY I ( I$ 1,000,000 EACH OCCURRENCE D A X j COMMERCIAL GENERAL LIABILITY X 120630246 02/22/13 I 02/22/14 DAMAGE TO RENTE PREMISES(Ea occurrence) I$ 50,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) 15 5,000 PERSONAL&ADV INJURY I$ 1,000,000 I GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG I$ 2,000,000 I 1 PRO- I X POLICY i JEST LOC I � 1 15 I AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT I$ r--I ANY AUTO (Ea accident) BODILY INJURY(Per person) $ • � ALL OWNED AUTOS BODILY INJURY(Per accident)I$ _� SCHEDULED AUTOS I PROPERTY DAMAGE 1 I HIRED AUTOS $ (Per I l NON-OWNED AUTOS I$ I I I$ 1 UMBRELLA LIAR I OCCUR EACH OCCURRENCE 1$ EXCESS LIAB CLAIMS-MADE AGGREGATE IS DEDUCTIBLE 1$ I I RETENTION S $ WORKERS COMPENSATION WC STATE- 1 OTH- AND EMPLOYERS'LIABILITY Y/N I ' TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE I OFFICER/MEMBER EXCLUDED' N/A EL EACH ACCIDENT j$ (Mandatory in NH) E.L DISEASE-EA EMPLOYEE:5 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT '5 i I 1 I I 1 DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) Certificate Holder is listed as an additional insured. CERTIFICATE HOLDER CANCELLATION COLL001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners-Licensing Board ACCORDANCE WITH THE POLICY PROVISIONS. 2800 N.Horseshoe Drive Naples,FL 33942 AUTHORIZED REPRESENTATIVE 1 \ ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD 08 (Policy Provisions: WC 00 00 00 B) PF INFORMATION PAGE 16 0 7 WEG WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY INSURER: HARTFORD UNDERWRITERS INSURANCE COMPANY ONE HARTFORD PLAZA, HARTFORD, CONNECTICUT 06155 NCCI Company Number: 10456 THE ,•►, Company Code: 6 HARTFORD N O rn Suffix LARS RENEWAL POLICY NUMBER: 76 WEG PF8408 I 09 Previous Policy Number: 76 WEG PF8408 co HOUSING CODE: 76 °D 1. Named Insured and Mailing Address: DAY STAR UNLIMITED INC DBA (No., Street, Town, State, Zip Code) (SEE ENDT) ° 675 96TH AVE N FEIN Number: 650655340 NAPLES, FL 34108 State Identification Number(s): UIN: The Named Insured is: CORPORATION Business of Named Insured: CONVENIENCE STORES - RETAIL Other workplaces not shown above: 675 96TH AVE N NAPLES FL 34108 2. Policy Period: From 02/04/13 To 02/04/14 12:01 a.m., Standard time at the insured's mailing address. Producer's Name: PAYCHEX INSURANCE AGENCY INC MMia PO BOX 33015 SAN ANTONIO, TX 78265 Producer's Code: 210705 Issuing Office: THE HARTFORD 55 FARMINGTON AVE. , SUITE 301 — HARTFORD . CT 06115 (877) 287-1312 Total Estimated Annual Premium: $2,575 Deposit Premium: N/A Policy Minimum Premium: $355 FL Audit Period: ANNUAL Installment Term: The policy is not binding unless countersigned by our authorized representative. vAlitourR-WLA Countersigned by 12/08/12 Authorized Representative Date Form WC 00 00 01 A (1) Printed in U.SA. Page 1 (Continued on next page) Process Date: 12/08/12 Policy Expiration Date: 02/04/14 ORIGINAL INFORMATION PAGE (Continued) Policy Number: 76 WEG PF8408 16 3.A. Workers Compensation Insurance: Part one of the policy applies to the Workers Compensation Law of the states listed here: FL B. Employers Liability Insurance: Part Two of the policy applies to work in each state listed in Item 3.A. The limits of our liability under Part Two are: Bodily injury by Accident $100,000 each accident Bodily injury by Disease $500, 000 policy limit Bodily injury by Disease $100, 000 each employee C. Other States Insurance: Part Three of the policy applies to the states, if any , listed here: CN rn ALL SfiATES EXCEPT ND, OH, WA, WY, AND STATES DESIGNATED IN ITEM 3 .A. OF THE INFORMATION PAGE. D. This policy includes these endorsements and schedule: CD ODD WC 00 04 21C WC 00 04 22A WC 09 04 03A WC 99 03 65 WC 00 04 14 WC 00 04 19 WC 09 03 03 WC 09 06 06 aD w 4. The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates and Rating r Plans. All information required below is subject to verification and change by audit. o Premium Basis LO Classifications Total Estimated Rates Per Estimated ic Code Number and Annual $100 of Annual Description Remuneration Remuneration Premium 8017 113,600 2.07 2,352 STORE - RETAIL NOC TOTAL ESTIMATED ANNUAL STANDARD PREMIUM 2,352 EXPENSE CONSTANT (0900) 200 TERRORISM (9740) 113,600 .020 23 TOTAL ESTIMATED ANNUAL PREMIUM 2,575 Total Estimated Annual Premium: $2,575 Deposit Premium: N/A Policy Minimum Premium: $355 FL Interstate/Intrastate Identification Number: NAICS: 445110 Labor Contractors Policy Number: SIC: 5411 UIN: NO. OF EMP: 000003 Form WC 00 00 01 A (1) Printed in U.S.A. Page 2 Process Date: 12/08/12 Policy Expiration Date: 02/04/14