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Agenda 11/13/2018 Item #16D 911/13/2018 EXECUTIVE SUMMARY Recommendation to approve an Agreement with Zack’s Food Cart Ministry Catering, Inc., in response to Request for Proposal (RFP) No. 18-7349, “Mobile Food Unit” and authorize the Chairman to execute the Agreement. OBJECTIVE: To provide a mobile food concessionaire to patrons at various County Parks. CONSIDERATIONS: The Parks and Recreation Division issued an RFP for a mobile food concessionaire at various County park locations to serve patrons. The awardee is to serve pre -packaged food at four parks locations. On April 16, 2018, the Procurement Services Division released RFP No. 18-7349 to 675 vendors for Mobile Food Units. Interested vendors downloaded forty-two (42) proposal packages, and the County received two proposals by the May 17, 2018 deadline. Respondents: Company Name City County State Rank Responsive/Responsible Zack’s Food Cart Ministry Catering Inc. Naples Collier FL 1 Y/Y Bombin’ Tacos Naples Collier FL 2 Y/Y The selection committee convened on June 15, 2018, and recommended the award go to Zack’s Food Cart Ministry Catering, Inc. The recommended agreement is a three (3) year contract with two (2) one -year renewals. FISCAL IMPACT: Zack’s Food Cart Ministry Catering is offering a revenue sharing plan of a fixed monthly concession commission of eighteen percent (18%) of gross sales per month. Revenue is budgeted in individual cost centers within the Parks and Recreation Division General Fund (001) and MSTD General Fund (111) budgets. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this action. LEGAL CONSIDERATIONS: This Item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: To approve an Agreement with Zack’s Food Cart Ministry Catering, Inc., in response to RFP No. 18-7349, “Mobile Food Unit” and to authorize the Chairman to execute the attached Agreement. Prepared By: Matthew Catoe, Operations Analyst, Parks and Recreation Division ATTACHMENT(S) 1. 18-7349 Solicitation (PDF) 2. 18-7349 NORA (PDF) 3. Proposal_Zacks Food Cart Ministry (PDF) 4. RFP 18-7349 Rank (PDF) 5. (linked) 18-7349 Zack'sFoodCart_Contract_VendorSigned (PDF) 16.D.9 Packet Pg. 1708 11/13/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.9 Doc ID: 7115 Item Summary: Recommendation to approve an Agreement with Zack’s Food Cart Ministry Catering, Inc., in response to Request for Proposal (RFP) No. 18-7349, “Mobile Food Unit” and authorize the Chairman to execute the attached Agreement. Meeting Date: 11/13/2018 Prepared by: Title: Operations Analyst – Parks & Recreation Name: Matthew Catoe 10/22/2018 9:45 AM Submitted by: Title: Division Director - Parks & Recreation – Parks & Recreation Name: Barry Williams 10/22/2018 9:45 AM Approved By: Review: Parks & Recreation Ilonka Washburn Additional Reviewer Completed 10/22/2018 9:49 AM Parks & Recreation Barry Williams Additional Reviewer Completed 10/22/2018 9:50 AM Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 10/22/2018 9:55 AM Public Services Department Kimberley Grant Level 1 Reviewer Completed 10/22/2018 4:00 PM Procurement Services Ted Coyman Additional Reviewer Completed 10/24/2018 5:47 PM Procurement Services Swainson Hall Additional Reviewer Completed 10/24/2018 9:11 PM Procurement Services Kristofer Lopez Additional Reviewer Completed 10/25/2018 7:44 AM Public Services Department Todd Henry Level 1 Division Reviewer Completed 10/26/2018 10:16 AM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 10/26/2018 10:24 AM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 10/29/2018 3:58 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/29/2018 4:17 PM County Attorney's Office Emily Pepin CAO Preview Completed 10/29/2018 4:24 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/29/2018 4:25 PM Budget and Management Office Ed Finn Additional Reviewer Completed 10/30/2018 11:46 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/04/2018 3:18 PM Board of County Commissioners MaryJo Brock Meeting Pending 11/13/2018 9:00 AM 16.D.9 Packet Pg. 1709 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROPOSAL (RFP) FOR Mobile Food Unit SOLICITATION NO.: 18-7349 KRISTOFER LOPEZ, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8944 Kristofer.lopez@colliercountyfl.gov (Email) This solicitation document is prepared in a Microsoft Word format (Rev 8/7/2017). Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. 16.D.9.a Packet Pg. 1710 Attachment: 18-7349 Solicitation (7115 : 18-7349 Mobile Food Unit) SOLICITATION PUBLIC NOTICE REQUEST FOR PROPOSAL (RFP) NUMBER: 18-7349 PROJECT TITLE: Mobile Food Unit LOCATION: PROCUREMENT SERVICES DIVISION, CONFERENCE ROOM A, 3295 TAMIAMI TRAIL EAST, BLDG C-2, NAPLES, FLORIDA 34112 PLACE OF RFP OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 All proposals shall be submitted online via the Collier County Procurement Services Division Online Bidding System: https://www.bidsync.com/bidsync-cas/ INTRODUCTION As requested by the Parks and Recreation Division (hereinafter, the “Division or Department”), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, “County”) has issued this Request for P roposal (hereinafter, “RFP”) with the intent of obtaining proposals from interested and qualified vendors in accordance with the terms, conditions and specifications stated or attached. The vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance. BACKGROUND This is a new solicitation for the County to increase the services available at the identified County parks. TERM OF CONTRACT The contract term, if an award(s) is/are made is intended to be for three (3) years and two (2) one (1) year renewals. Prices shall remain firm for the initial term of this contract. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. DETAILED SCOPE OF WORK For the purposes of this RFP, “Mobile Food Unit” shall be defined as a self-contained service operation, located in a vehicle or a movable stand, self or otherwise propelled, used to store, prepare, display or serve food intended for individual portion service. Food trucks and pushcarts shall be considered Mobile Food Units. Both Mobile Food Unit design and menu content should be of premiu m quality, making a significant improvement to the quality and ambiance of the park. The space is suitable for the sale of prepackaged food, beverages, and merchandise. There is no kitchen. Public restrooms and parking are available on site. Proposers should submit a de tailed operational plan to include, but not be limited to, hours of operation, menu and prices, staffing plans, safety and security plans, mechanisms to measure customer satisfaction, and cleaning schedules. Proposers should submit a menu with their proposals and should include some low-cost food items on their menus. Proposals should include a price list for each item to be sold. All items sold and prices are subject to and Parks and Recreation written approval. Mobile Food Service Licenses: There are two categories of mobile food vehicles licensed by the division: Hot Dog Carts and Mobile Food Dispensing Vehicles (MFDV). ➢ Hot Dog Carts are a type of mobile food service license that limit food preparation to frankfurters (hot dogs and precooked sausages) only. Many operators supplement the basic hot dog/condiment menu with prepackaged goods such as chips and bottled or canned soft drinks. • Basic Requirements o Be a vehicle o Be mobile – can move o Have overhead protection – usually an umbrella 16.D.9.a Packet Pg. 1711 Attachment: 18-7349 Solicitation (7115 : 18-7349 Mobile Food Unit) o Have a hand sink o Have equipment to keep food at safe temperatures – refrigeration/steam tables o Have power to keep the equipment running – commonly an LP-gas tank o Have a plumbing system that allows you to wash hands while operating o Only food preparation is frankfurters o Have a commissary ➢ A Mobile Food Dispensing Vehicle license is a vehicle mounted food service license where the vehicle has adequate hand washing and dishwashing facilities, food protection, refrigeration, power and plumbing system. A MFDV operator performs food service activities inside the vehicle like food storage, cooking or preparation of food and dishwashing. • Basic Requirements o Be a vehicle o Be mobile – can move o Have protection from the elements and vermin – walls, ceiling, floor o Have dishwashing capacity - a 3 compartment sinks o Have a separate hand sink o Have equipment to keep food at safe temperatures – refrigeration/steam tables o Have power to keep the equipment running – a generator or temporary connect to electricity o Have a plumbing system that allows you to wash dishes and hands while operating o Have either a water and sewer location or a commissary Specifications & Maintenance: Concessionaires will be required to purchase, supply, or otherwise obtain use of all equipment necessary for the ope ration of this concession. When applicable, concessionaires will be required to present his/her Mobile Food Unit(s) to Parks and Recreation for inspection. Mobile Food Units and/ must be kept in good condition. Parks and Recreation reserve the right to require replacement of Mobile Food Units that are in poor condition or that do not meet Division of Hotels and Restaurants specifications and requirements. Self-contained, self-supported carts and food trucks are highly desirable. There will be an additional utility fee that will apply that require the use of park utilities. Proposals for Mobile Food Units should include a photo or visual schematic of the type of Mobile Food Unit to be used, includ ing the dimensions of the Mobile Food Unit. Mobile Food Units may not extend vending space beyond the confines of the unit. It is necessary to keep all Mobile Food Units clean and in good condition. This involves ensuring that the Mobile Food Units do not leak any type of fluid, including water, onto the ground. It is also necessary to keep Mobile Food Units clean and free of graffiti. Mobile Food Units must not be damaged or dented. In addition, the concessionaire shall repair or replace the above if deemed necessary by Parks and Recreation. ❖ Alcohol/tobacco sales prohibited. Hours of Operation: Each concessionaire may only operate during the hours approved by Parks and Recreation. All hours of operation are subject to Parks and Recreation prior written approval. Each concessionaire must vacate the Permitted Premises before the Park closes. Staff: The concessionaire will be required to have a sufficient number of staff available at the Permitted Premises during regular operating hours to ensure proper operation of the concession. Parks and Recreation reserve the right to require that all staff wear uniforms that have been approved in writing by Parks and Recreation. Storage: Parks and Recreation make no representations that there is any storage space at the Permitted Premises. Mobile Food Units may not remain in the Park overnight. Each concessionaire shall be responsible for, at its sole cost and expense, obtaining a ny additional storage space required for the operation of the concession. No item shall be placed upon any public space without Parks and Recreation’s prior, written approval. Trash & Recycle Removal: Concessionaire will be responsible for, at its sole cost and expense, clean-up and removal of all waste, garbage, refuse, rubbish and litter from the Permitted Premises and the area within fifty (50) feet of the Permitted Premises . Concessionaire will be required to provide adequate and easily accessible waste and recycling receptacles, appr oved by Parks and Recreation, and have these receptacles emptied on a daily basis and removed by a private carter. The location and placement o f all waste and recycling receptacles is subject to Parks and Recreation’s prior written approval. Containers: The sale of items in glass containers is not permitted. The use of straws and plastic bags are 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 16.D.9.a Packet Pg. 1712 Attachment: 18-7349 Solicitation (7115 : 18-7349 Mobile Food Unit) of containers. Zoning and Permitting Requirements: The successful concessionaire is responsible for any future costs, and submittals, for any zone or permit requirements. It is also the responsibility of the Concessionaire at its own expense, obtain all necessary li censes and permits for the operation hereunder from appropriate local, regional, state and federal agencies to obtain all operational permits. The Concessionaire shall not conduct any other business on County property without specific written authority of the Board of Cou nty Commissioners. Reports: A monthly report of activities with information directly from the Point of Sale system must be submitted to the Parks and Recreation Division by the fifteenth (15th) day of each month. This report can be in the form developed by the Concessionai re and approved by the Director of Parks and Recreation or his authorized representative. The report, at a minimum, shall include h ours of operation, daily attendance figures, weather conditions, etc. This report shall accompany the monthly statement of gross revenues and will be subject to audit. Point of Sale system must be approved by to the Parks and Recreation Division. Commission: Remittance to the County of a minimum monthly 18% guarantee percentage of gross sales. Said commission is due to the County by the fifteenth (15th) day of each month for the preceding month and said payment shall be accompanied by a stateme nt of gross receipts for the previous month. Gross Receipts: The term "gross receipts" is understood to mean all income collected or accrued, derived by the Concessionaire under the privileges granted by this Agreement or other document entered into with the County, excluding amounts of any Feder al, State or City sales tax, or other tax, collected by the Concessionaire from customers and required by law to be remitted to the taxing authority. Auditing of Accounts: The Concessionaire will make available locally, books of account, financial statements, tapes, point of sale reports or any other documentation deemed necessary to authorized representatives of Collier County. Point of Sale Equipment: A point-of-sale electronic cash machine or other electronic accounting control equipment for the proper control of cash payments. Cash register tapes must be maintained and made available upon demand during the entire term of the Agreement with Collier County. All electronic cash equipment and accounting procedures must be approved in writing by Collie r County. A receipt must accompany all sales to the customer. Signage: Provide, at its 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 Division. Signs that will be used for advertising purposes s hall be constructed and maintained to County standards as defined by the Code Compliance Division. The use of the Collier County Logo is prohibited. Assignment of Concession Agreement: The Concessionaire shall not, at any time during the tenure of the Agreement, sublet any part of this Agreement or assign any portion or part of it, except by virtue of written permission granted by the Board of Co unty Commissioners. References: Proposers should attach a list of at least three (3) recent relevant references, with whom th e proposer has previously worked and/or who can describe such matters as the proposer’s financial, operational and construction capability. One of the three references should be from a financial institution that has extended credit to the proposer. Include the name of the reference entity, a description of the nature of the listed reference’s experience with the proposer and the name, title, address, and telephone number of a contact person at the reference entity. Site Information: The County is interested in providing a Hot Dog Cart or Mobile Food Dispensing Vehicle at one or all of the following facilities. Please note: Location and access to utilities vary from site to site. ➢ Bayview Park: 16-1500 Danford St, Naples, FL 34112 ❖ Hot Dog Cart o Description: 3 boat ramps, fishing pier, 6 picnic pavilions, playground o Total Parking Spaces: 72 o FY17 Boat Launch Users: 51,795 ➢ Eagle Lakes Community Park: 11565 Tamiami Trail E, Naples, FL 34113 ❖ Hot Dog Cart or Mobile Food Dispensing Vehicle o Description: Lighted baseball field, lighted softball field, 2 lighted soccer/football fields, lighted basketball court, picnic shelter, lighted playground. o Total Parking Spaces: 328 o FY17 Site Visitors: 35,573 16.D.9.a Packet Pg. 1713 Attachment: 18-7349 Solicitation (7115 : 18-7349 Mobile Food Unit) ➢ Golden Gate Community Park: 3300 Santa Barbara Blvd, Naples, FL 34116 ❖ Hot Dog Cart or Mobile Food Dispensing Vehicle o Description: Aquatics facility, 2 lighted softball fields, lighted little league field, lighted baseball field, lighted soccer/football field, 4 lighted tennis and racquetball courts, lighted basketball courts; shuffleboard courts, bocce court, playground, paved fitness trail, boat ramp, fitness center, dog park. o Total Parking Spaces: 418 o FY17 Site Visitors: 244,937 ➢ Sugden Regional Park: 4284 Avalon Dr, Naples, FL 34112 ❖ Hot Dog Cart or Mobile Food Dispensing Vehicle o Description: 2 multipurpose facilities, multiuse field, 7 picnic pavilions, playground, volleyball court, lakeside beach. o Total Parking Spaces: 199 16.D.9.a Packet Pg. 1714 Attachment: 18-7349 Solicitation (7115 : 18-7349 Mobile Food Unit) Bayview Park Proposed Location Golden Gate Community Park Proposed Location 16.D.9.a Packet Pg. 1715 Attachment: 18-7349 Solicitation (7115 : 18-7349 Mobile Food Unit) Sugden Regional Park Proposed Location Eagle Lakes Community Park Proposed Location 16.D.9.a Packet Pg. 1716 Attachment: 18-7349 Solicitation (7115 : 18-7349 Mobile Food Unit) REQUEST FOR PROPOSAL (RFP) PROCESS 1.1 The Proposers will submit a qualifications proposal which will be scored based on the criteria in Section 5.0 Grading Criteria for Development of Shortlist, which will be the basis for short-listing firms. The Proposers will need to meet the minimum requirements outlined herein in order for their proposal to be evaluated and scored by the COUNTY. The COUNTY will then grade and rank the firms and enter into negotiations with the top ranked firm to establish cost for the services needed. With successful negotiations, a contract will be developed with the selected firm, based on the negotiated price and scope of services and submitted for approval by the Board of County Commissioners. 1.2 The COUNTY will use a Selection Committee in the Request for Proposal selection process. 1.3 The intent of the scoring of the qualifications proposal is for respondents to indicate their interest, relevant experience, financial capability, staffing and organizational structure. 1.4 Based upon a review of these qualification proposals, the COUNTY will rank the Proposers based on the discussion and clarifying questions on their approach and related criteria, and then negotiate in good faith an Agreement with the top ranked Proposer. 1.5 If, in the sole judgment of the COUNTY, a contract cannot be successfully negotiated with the top -ranked firm, negotiations with that firm will be formally terminated and negotiations shall begin with the firm ranked second. If a contract cannot be successfully negotiated with the firm ranked second, negotiations with that firm will be formally terminated and negotiations shall begin with the third ranked firm, and so on. The COUNTY reserves the right to negotiate any element of the proposals in the best interest of the COUNTY. GRADING CRITERIA FOR DEVELOPMENT OF SHORTLIST: 1.6 For the development of a shortlist, this evaluation criterion will be utilized by the COUNTY’S Selection Committee to score each proposal. Proposers are encouraged to keep their submittals concise and to include a minimum of marketing materials. Proposals must address the following criteria: Evaluation Criteria Maximum Points 1. Cover Letter / Management Summary 5 Points 2. Certified Minority Business Enterprise 5 Points 3. Business Plan 30 Points 4. Experience and Capacity of the Firm 30 Points 5. Specialized Expertise of Team Members 20 Points 6. Local Vendor Preference 10 Points TOTAL POSSIBLE POINTS 100 Points Tie Breaker: In the event of a tie at final ranking, award shall be made to the proposer with the lower volume of work previously awarded. Volume of work shall be calculated based upon total dollars paid to the proposer in the twenty-four (24) months prior to the RFP submittal deadline. Payment information will be retrieved from the County’s financial system of record. The tie breaking procedure is only applied in the final ranking step of the selection process and is invoked by the Procurement Services Division Director or designee. In the event a tie still exists, selection will be determined based on random selection by the Procurement Services Director before at least three (3) witnesses. ---------------------------------------------------------------------------------------------------------------------------------------------------------- Each criterion and methodology for scoring is further described below. EVALUATION CRITERIA NO. 1: COVER LETTER/MANAGEMENT SUMMARY (5 Total Points Available) Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this RFP. EVALUATION CRITERIA NO. 2: CERTIFIED MINORITY BUSINESS ENTERPRISE (5 Total Points Available) Submit certification with the Florida Department of Management Service, Office of Supplier Diversity as a Certified Minority Business Enterprise. EVALUATION CRITERIA NO. 3: BUSINESS PLAN (30 Total Points Available) In this tab, include but not limited to: 16.D.9.a Packet Pg. 1717 Attachment: 18-7349 Solicitation (7115 : 18-7349 Mobile Food Unit) • Please provide food menu with pricing options • Include with the Business Plan or as an attachment, a copy of a report as an example of work product. This should be for one of the projects listed as a reference. EVALUATION CRITERIA NO. 4: EXPERIENCE AND CAPACITY OF THE FIRM (30 Total Points Available) In this tab, include but not limited to: • Provide information that documents your company’s qualifications to include, capacity, skill, and financial strength, and number of years of experience in providing mobile food service. The County requests that the vendor submits no fewer than three (3) and no more than ten (10) completed reference forms from clients (during which period of time, eg. 5 years) whose projects are of a similar nature to this solicitation as a part of their proposal. Provide information on the projects completed by the vendor that best represent projects of similar size, scope and complexity of this project using form provided in Attachment B – Form 8. Vendors may include two (2) additional pages for each project to illustrate aspects of the completed project that provides the information to assess the experience of the Proposer on relevant project work. EVALUATION CRITERIA NO. 5: SPECIALIZED EXPERTISE OF TEAM MEMBERS (20 Total Points Available) In this tab, include but not limited to: • Attach brief resumes of all proposed project team members who will be involved in the management of the proposed mobile food unit to include any culinary training. EVALUATION CRITERIA NO. 6: LOCAL VENDOR PREFERENCE (10 Total Points Available) Local business is defined as the vendor having a current Business Tax Receipt issued by the Collier or Lee County Tax Collector for at least one year prior to proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier or Lee County from which the vendor’s staff operates and performs business in an area zoned fo r the conduct of such business. 16.D.9.a Packet Pg. 1718 Attachment: 18-7349 Solicitation (7115 : 18-7349 Mobile Food Unit) 16.D.9.b Packet Pg. 1719 Attachment: 18-7349 NORA (7115 : 18-7349 Mobile Food Unit) ZACK’S FOOD CART MINISTRY CATERING INC. 2338 IMMOKALEE ROAD SUITE 234 NAPLES, FLORIDA 34110 OWNER: ZACKORY YOUNG EMAIL: ZRYOUNG9@AOL.COM PHONE# 239-692-3298 RFP 18-7439 MOBILE FOOD UNIT PAGE #1 16.D.9.c Packet Pg. 1720 Attachment: Proposal_Zacks Food Cart Ministry (7115 : 18-7349 Mobile Food Unit) CERTIFIED BUSINESS ENTERPRISE PAGE 2 UNFORTUNATELY I DO NOT QUALIFY FOR MINORITY SMALL BUSINESS. OUR COMPANY IS NOT ANY OF THE FOLLOWING 51% OWNED BY A WOMAN, VETERAN,OR MINORITY. ALTHOUGH WE DO EMPLOY ALL OF THE FOLLOWING OF THE 22 EMPLOYEES WE EMPLOY 17 FEMALE 5 MALE 1 VETERAN 3 OF THE 5 MALE ARE MINORITIES. RFP 18-7349 MOBILE FOOD UNIT PAGE #2 16.D.9.c Packet Pg. 1721 Attachment: Proposal_Zacks Food Cart Ministry (7115 : 18-7349 Mobile Food Unit) BUSINESS PLAN FOR MOBILE FOOD UNITS WE CURRENTLY OWN AND OPERATE 3 MOBILE HOT DOG CARTS, 3 MOBILE BBQ SMOKERS, AND 1 MOBILE WOOD FIRED PIZZA OVEN.(WE ARE CURRENTLY IN THE PROCESS OF BUILDING ANOTHER MOBILE FOOD DISPENSING UNIT) WE HAVE THE ABILITY TO BE IN MULTIPLE LOCATIONS AT THE SAME TIME. OUR GOAL IS TO CONTINUE TO INCREASE OUR REVENUE YEARLY BY 10% WE HAVE THE ABILITY TO OFFER GREAT FOOD AT EXCEPTIONAL PRICES IN MULTIPLE LOCATIONS COMPARED TO THE LOCAL PRICES IN COLLIER COUNTY. WE HAVE MULTIPLE APPROVED COMMISSARY LOCATIONS TO ACCOMMODATE ALL OF COLLIER COUNTY. AS WE STRIVE TO BE THE BEST IN THE INDUSTRY WE SERVE QUALITY FOOD FAST AND FRIENDLY THAT YOU CAN ONLY GET AT OUR LOCATIONS. OUR MENU AND PRICES CONSIST OF THE FOLLOWING 16.D.9.c Packet Pg. 1722 Attachment: Proposal_Zacks Food Cart Ministry (7115 : 18-7349 Mobile Food Unit) HOT DOG WITH ALL THE FIXINS 3.00 ITALIAN SAUSAGE 4.00 BBQ PULLED PORK 4.00 CHEESE BURGER 5.00 GRILLED CHICKEN 5.00 BBQ BEEF BRISKET SANDWICH 6.00 BBQ CHICKEN 5.00 SIDES OF BEANS, RICE, CORN BREAD 2.00 EACH WOOD FIRED PIZZA 8-12$ depending on size FRESH CUT FRIES 3.00 CHICKEN BACON AVOCADO WRAPS 5.00 CHICKEN CAESAR WRAPS 5.00 BUFFALO CHICKEN WRAPS 5.00 FRESH FRUIT 1.00- 5.00 GRANOLA BARS 2.00 BOTTLE WATER 1.00 SODA 1.00 CHIPS 1.00 RFP 18-7349 MOBILE FOOD UNITS PAGE 4 16.D.9.c Packet Pg. 1723 Attachment: Proposal_Zacks Food Cart Ministry (7115 : 18-7349 Mobile Food Unit) EXPERTISE AND CAPACITY OF FIRM MY NAME IS ZACKORY YOUNG I HAVE OVER 25 PLUS YEARS OF RESTAURANT MANAGEMENT AND CULINARY EXPERIENCE. MY COMPANY EMPLOYS 22 EMPLOYEES. I RECENTLY STARTED MY BUSINESS IN 2014 WITH MOBILE HOT DOG CARTS. I HAD ONE EMPLOYEE AND MYSELF THAT MOVED AROUND COLLIER AND LEE COUNTY DOING EVENTS AND PRIVATE CATERING JOBS. SINCE THEN WE HAVE GROWN TO MANY MULTIPLE LOCATIONS AND A LOT MORE EMPLOYEES ALL OF WHOM HAVE BEEN TRAINED AND FOOD SAFETY CERTIFIED. I HAVE 3 MANAGERS OUT OF THE TOTAL EMPLOYEES 2 OVERSEE ALL CONCESSION SERVICES. 1 OVERSEES ALL MOBILE FOOD VENDING LOCATIONS. MY STAFF CONSISTS OF MOSTLY COLLEGE AND HIGH SCHOOL STUDENTS WHO HAVE SHOWN INTEREST IN THE CULINARY OR SMALL BUSINESS FIELDS. I FIND GREAT PLEASURE IN WORKING WITH STUDENTS AND THEIR FAMILIES TO HELP WITH EDUCATING AND GIVING BACK TO OUR COMMUNITY. RFP 18-7349 MOBILE FOOD UNITS 16.D.9.c Packet Pg. 1724 Attachment: Proposal_Zacks Food Cart Ministry (7115 : 18-7349 Mobile Food Unit) SPECIALIZED EXPERTISE OUR STAFF ARE ALL CERTIFIED FOOD HANDLERS 3 OF OUR EMPLOYEES ARE SERVE SAFE CERTIFIED (CPFM). ALL ARE VERY KNOWLEDGEABLE TO THE FOOD BUSINESS AND TO OUR COMPANIES S.O.P. ADHERING TO OUR MOTTO OF (QUALITY FOOD FAST AND FRIENDLY.) 16 OF THE 22 EMPLOYEES HAVE BEEN EMPLOYED WITH US SINCE 2015. 6 OF OUR FORMER EMPLOYEES HAVE GONE ON TO SERVE OUR COUNTRY AND OR HAVE GRADUATED FROM THEIR STUDIES. OUR STAFF IS ABLE TO WOTK IN MULTIPLE LOCATIONS DOING MULTIPLE TASKS FROM (COOKING, EXPEDITING, CLEANING, CUSTOMER SERVICE CASHIER, FOOD PREP, INVENTORY, COST CONTROL, LABOR CONTROL, ORDERRING FOOD PRODUCTS.ETC.) RFP 18-7349 MOBILE FOOD UNITS 16.D.9.c Packet Pg. 1725 Attachment: Proposal_Zacks Food Cart Ministry (7115 : 18-7349 Mobile Food Unit) LOCAL VENDOR PREFERENCE BUSINESS TAX RECEIPT FROM COLLIER COUNTY. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION LICENSE 16.D.9.c Packet Pg. 1726 Attachment: Proposal_Zacks Food Cart Ministry (7115 : 18-7349 Mobile Food Unit) RFP 18-7349 MOBILE FOOD UNIT 16.D.9.c Packet Pg. 1727 Attachment: Proposal_Zacks Food Cart Ministry (7115 : 18-7349 Mobile Food Unit) 16.D.9.c Packet Pg. 1728 Attachment: Proposal_Zacks Food Cart Ministry (7115 : 18-7349 Mobile Food Unit) 16.D.9.c Packet Pg. 1729 Attachment: Proposal_Zacks Food Cart Ministry (7115 : 18-7349 Mobile Food Unit) 16.D.9.c Packet Pg. 1730 Attachment: Proposal_Zacks Food Cart Ministry (7115 : 18-7349 Mobile Food Unit) 16.D.9.c Packet Pg. 1731 Attachment: Proposal_Zacks Food Cart Ministry (7115 : 18-7349 Mobile Food Unit) 16.D.9.c Packet Pg. 1732 Attachment: Proposal_Zacks Food Cart Ministry (7115 : 18-7349 Mobile Food Unit) 16.D.9.c Packet Pg. 1733 Attachment: Proposal_Zacks Food Cart Ministry (7115 : 18-7349 Mobile Food Unit) 16.D.9.c Packet Pg. 1734 Attachment: Proposal_Zacks Food Cart Ministry (7115 : 18-7349 Mobile Food Unit) 16.D.9.c Packet Pg. 1735 Attachment: Proposal_Zacks Food Cart Ministry (7115 : 18-7349 Mobile Food Unit) 16.D.9.c Packet Pg. 1736 Attachment: Proposal_Zacks Food Cart Ministry (7115 : 18-7349 Mobile Food Unit) 16.D.9.c Packet Pg. 1737 Attachment: Proposal_Zacks Food Cart Ministry (7115 : 18-7349 Mobile Food Unit) 16.D.9.c Packet Pg. 1738 Attachment: Proposal_Zacks Food Cart Ministry (7115 : 18-7349 Mobile Food Unit) 16.D.9.d Packet Pg. 1739 Attachment: RFP 18-7349 Rank (7115 : 18-7349 Mobile Food Unit) REVENUE GENERATING AGREEMENT ## 18-7349 for Mobile Food Unit THIS AGREEMENT, made and entered into on this day of 20 , by and between Zack's Food Cart Ministry Catering, Inc. , authorized to do business in the State of Florida, whose business address is 2338 Immokalee Road, suite 234, Naples, Florida 34110 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: AGREEMENT TERM. The Agreement shall be for a ❑■ upon the date of Board approval ❑ on ( 3 ) year(s) from that date. three (3 ) year period, commencing and terminating on The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two ( 2 ) additional one (_L_) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of Request for Proposal (RFP) ❑ Invitatwon to BW OT -13) ❑ 9thA ( ) # 18-7349 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. ❑■ The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. It is not permissible for other County divisions or governmental entities to utilize the Agreement. Page 1 of 12 Revenue Generating Agreement #2017.004 (Ver.1) 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 4. THE AGREEMENT SUM. The Contractor shall pay the County for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto. 5. FINANCIAL REVIEW, RECORDS, AUDIT. The Contractor shall provide, at its expense, an annual independent review of the Contractor's financial records. The purpose of this review is to substantiate that the County has been compensated in accordance with this Agreement. The Contractor 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 Contractor grants to the County the right and authority to audit all records, documents, and books pertaining to the concession operations. Such audit will be conducted at locations and at a frequency determined by the County and communicated to the Contractor. The Contractor 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 Contractor, all at no cost to the County. 6. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. 7. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Zack's Food Cart Ministry Catering, Inc. Address: 2338 Immokalee Road, Suite 234 Naples, Florida 34110 Authorized Agent: Zackory R. Young, Owner Attention Name & Title: Zackory R. Young, Owner Telephone: 239-692-3298 E-Mail(s): zryoung9@aol.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Page 2 of 12 Revenue Generating Agreement #2017.004 (Ver.1) Board of County Commissioners for Collier County, Florida Division Director: Barry Williams Division Name: Parks and Recreation Address: 15000 Livingston Road Naples, Florida 34109 Administrative Agent/PM: Matt Catoe, Operations Analyst Telephone: 239-252-4059 E-Mail(s): Matthew.Catoe@colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 8. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 9. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 10. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County 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 such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to 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 to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. Page 3 of 12 Revenue Generating Agreement #2017.004 (Ver. 1) 11. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 12. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 13. INSURANCE. The Contractor shall provide insurance as follows: A. Q Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $ 2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. ❑E Business Auto 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: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. FM -1 Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the Page 4 of 12 Revenue Generating Agreement#2017.004 (Ver. 1) policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non- renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 14. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, 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, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor 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. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 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. 15. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Parks and Recreation Division 16. CONFLICT OF INTEREST. Contractor 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. Contractor further represents that no persons having any such interest shall be employed to perform those services. 17. APPLICABILITY. Only the sections corresponding to any checked box (■) will apply to this Agreement. 18. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), 0 Exhibit A Scope of Services, Exhibit B Fee Schedule, 0 RFP/ ❑ ITB/F-Other # 18-7349 , including Exhibits, Attachments and Addenda/Addendum and ❑ Othe . Page 5 of 12 Revenue Generating Agreement #2017.004 (Ver.1) 19. 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, as amended, 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 Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with 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; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a) -(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon Page 6 of 12 Revenue Generating Agreement #2017.004 (Ver.1) -, completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. 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. 21. 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. 22. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 23. 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 Contractor 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 Contractor 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, Fla. Stat. 24, 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. FW AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to Page 7 of 12 Revenue Generating Agreement #2017.004 (Ver.1) ;; perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 26. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 27. ASSIGNMENT. Contractor 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 Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 28, SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e- mail (DL-FMOPS(cDcolliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. (Intentionally left blank -signature page to follow) Page 8of12 Revenue Generating Agreement #2017.004 (Ver. 1) IN WITNESS, WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first above written. ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller By: Dated: (Seal) Contractor's Witnesses: j s"�iit 1 V First Witness n f, kA Print Name and Title 1 Second Witness e `-Print Name and Title Approved as to Form and Legality: County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA in Andy Solis, Esq , Chairman Zack's Food Cart Ministry Contractor: Catering, Inc. in Sianature Print Name and T tle Page 9 of 12 Revenue Generating Agreement#2017.004 (Ver. 1) e/1 Exhibit A Scope of Services ❑Q following this page (pages 1 through 5 ) ❑ this exhibit is not applicable Page 10 of 12 Revenue Generating Agreement #2017.004 (Ver.1) For the purposes of this Agreement, "Mobile Food Unit" shall be defined as a self-contained service operation, located in a vehicle or a movable stand, self or otherwise propelled, used to store, prepare, display or serve food intended for individual portion service. Food trucks and pushcarts shall be considered Mobile Food Units. Both Mobile Food Unit design and menu content should be of premium quality, making a significant improvement to the quality and ambiance of the park. The space is suitable for the sale of prepackaged food, beverages, and merchandise. There is no kitchen. Public restrooms and parking are available on site. All items sold and prices are subject to and Parks and Recreation written approval. Mobile Food Service Licenses: There are two categories of mobile food vehicles licensed by the division: Hot Dog Carts and Mobile Food Dispensing Vehicles (MFDV). ➢ Hot Dog Carts are a type of mobile food service license that limit food preparation to frankfurters (hot dogs and precooked sausages) only. Many operators supplement the basic hot dog/condiment menu with prepackaged goods such as chips and bottled or canned soft drinks. • Basic Requirements o Be a vehicle o Be mobile — can move o Have overhead protection — usually an umbrella o Have a hand sink o Have equipment to keep food at safe temperatures — refrigeration/steam tables o Have power to keep the equipment running — commonly an LP -gas tank o Have a plumbing system that allows you to wash hands while operating o Only food preparation is frankfurters o Have a commissary ➢ A Mobile Food Dispensing Vehicle license is a vehicle mounted food service license where the vehicle has adequate hand washing and dishwashing facilities, food protection, refrigeration, power and plumbing system. A MFDV operator performs food service activities inside the vehicle like food storage, cooking or preparation of food and dishwashing. Basic Requirements o Be a vehicle o Be mobile — can move o Have protection from the elements and vermin — walls, ceiling, floor o Have dishwashing capacity - a 3 compartment sinks o Have a separate hand sink o Have equipment to keep food at safe temperatures — refrigeration/steam tables o Have power to keep the equipment running — a generator or temporary connect to electricity o Have a plumbing system that allows you to wash dishes and hands while operating o Have either a water and sewer location or a commissary Specifications & Maintenance: The Concessionaire will be required to purchase, supply, or otherwise obtain use of all equipment necessary for the operation of this concession. When applicable, concessionaires will be required to present his/her Mobile Food Unit(s) to Parks and Recreation for inspection. Mobile Food Units and/ must be kept in good condition. Parks and Recreation reserve the right to require replacement of Mobile Food Units that are in poor condition or that do not meet Division of Page 1 of 5 Hotels and Restaurants specifications and requirements. Self-contained, self -supported carts and food trucks are highly desirable. There will be an additional utility fee that will apply that require the use of park utilities. It is necessary to keep all Mobile Food Units clean and in good condition. This involves ensuring that the Mobile Food Units do not leak any type of fluid, including water, onto the ground. It is also necessary to keep Mobile Food Units clean and free of graffiti. Mobile Food Units must not be damaged or dented. In addition, the concessionaire shall repair or replace the above if deemed necessary by Parks and Recreation. ❖ Alcohol/tobacco sales prohibited. Hours of Operation: The Concessionaire may only operate during the hours approved by Parks and Recreation. All hours of operation are subject to Parks and Recreation prior written approval. Each concessionaire must vacate the Permitted Premises before the Park closes. Staff: The concessionaire will be required to have a sufficient number of staff available at the Permitted Premises during regular operating hours to ensure proper operation of the concession. Parks and Recreation reserve the right to require that all staff wear uniforms that have been approved in writing by Parks and Recreation. Storage: Parks and Recreation make no representations that there is any storage space at the Permitted Premises. Mobile Food Units may not remain in the Park overnight. The Concessionaire shall be responsible for, at its sole cost and expense, obtaining any additional storage space required for the operation of the concession. No item shall be placed upon any public space without Parks and Recreation's prior, written approval. Trash & Recycle Removal: The Concessionaire will be responsible for, at its sole cost and expense, clean-up and removal of all waste, garbage, refuse, rubbish and litter from the Permitted Premises and the area within fifty (50) feet of the Permitted Premises. The Concessionaire will be required to provide adequate and easily accessible waste and recycling receptacles, approved by Parks and Recreation, and have these receptacles emptied on a daily basis and removed by a private carter. The location and placement of all waste and recycling receptacles is subject to Parks and Recreation's prior written approval. Containers: The sale of items in glass containers is not permitted. The use of straws and plastic bags are 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. Zoning and Permitting Requirements: The Concessionaire is responsible for any future costs, and submittals, for any zone or permit requirements. It is also the responsibility of the Concessionaire at its own expense, to obtain all necessary licenses and permits for the operation hereunder from appropriate local, regional, state and federal agencies to obtain all operational permits. The Concessionaire shall not conduct any other business on County property without specific written authority of the Board of County Commissioners. Reports: A monthly report of activities with information directly from the Point of Sale system must be submitted to the Parks and Recreation Division by the fifteenth (15th) day of each month. This report can be in the form developed by the Concessionaire and approved by the Director of Parks and Recreation or his authorized representative. The report, at a minimum, shall include hours of operation, daily attendance figures, weather conditions, etc. This report shall accompany the monthly statement of gross revenues and will be subject to audit. Point of Sale system must be approved by to the Parks and Recreation Division. Commission: Remittance to the County of a fixed monthly 18% percentage of gross sales. Said commission is due to the County by the fifteenth (15th) day of each month for the preceding month and said payment shall be accompanied by a statement of gross receipts for the previous month. Gross Receipts: The term "gross receipts" is understood to mean all income collected or accrued, 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 City sales tax, or other tax, collected by the Concessionaire from customers and required by law to be remitted to the taxing authority. Page 2 of 5 pb J Auditing of Accounts: The Concessionaire will make available locally, books of account, financial statements, tapes, point of sale reports or any other documentation deemed necessary to authorized representatives of Collier County. Point of Sale Equipment: A point-of-sale electronic cash machine or other electronic accounting control equipment for the proper control of cash payments. Cash register tapes must be maintained and made available upon demand during the entire term of the Agreement with Collier County. All electronic cash equipment and accounting procedures must be approved in writing by Collier County. A receipt must accompany all sales to the customer. Signage: Provide, at its 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 Division. Signs that will be used for advertising purposes shall be constructed and maintained to County standards as defined by the Code Compliance Division. The use of the Collier County Logo is prohibited. Assignment of Concession Agreement: The Concessionaire shall not, at any time during the tenure of the Agreement, sublet any part of this Agreement or assign any portion or part of it, except by virtue of written permission granted by the Board of County Commissioners. Site Information: The County is interested in providing a Hot Dog Cart or Mobile Food Dispensing Vehicle at one or all of the following facilities. Please note: Location and access to utilities vary from site to site. ➢ Bayview Park: 16-1500 Danford St, Naples, FL 34112 4• Hot Dog Cart o Description: 3 boat ramps, fishing pier, 6 picnic pavilions, playground o Total Parking Spaces: 72 o FYI Boat Launch Users: 51,795 ➢ Eagle Lakes Community Park: 11565 Tamiami Trail E, Naples, FL 34113 •3 Hot Dog Cart or Mobile Food Dispensing Vehicle o Description: Lighted baseball field, lighted softball field, 2 lighted soccer/football fields, lighted basketball court, picnic shelter, lighted playground. o Total Parking Spaces: 328 o FY17 Site Visitors: 35,573 ➢ Golden Gate Community Park: 3300 Santa Barbara Blvd, Naples, FL 34116 •S Hot Dog Cart or Mobile Food Dispensing Vehicle o Description: Aquatics facility, 2 lighted softball fields, lighted little league field, lighted baseball field, lighted soccer/football field, 4 lighted tennis and racquetball courts, lighted basketball courts; shuffleboard courts, bocce court, playground, paved fitness trail, boat ramp, fitness center, dog park. o Total Parking Spaces: 418 o FYI Site Visitors: 244,937 ➢ Sugden Regional Park: 4284 Avalon Dr, Naples, FL 34112 ❖ Hot Dog Cart or Mobile Food Dispensing Vehicle o Description: 2 multipurpose facilities, multiuse field, 7 picnic pavilions, playground, volleyball court, lakeside beach. o Total Parking Spaces: 199 Page 3 of 5 Page 4 of 5 Sugden Regional Park Proposed Location plAlj -- - r 116 Location INW�I *-A 4. Page 5 of 5 rM11>17i 3 Fee Schedule QQ following this page (pages 1 through 1 ) Pagel 1 of 12 Revenue Generating Agreement #2017.004 (Ver. 1) RFP# 18-7349 MOBILE FOOD UNIT Commission: Remittance to the County of a fixed monthly 18% percentage of gross sales. Said commission is due to the County by the fifteenth (15th) day of each month for the preceding month and said payment shall be accompanied by a statement of gross receipts for the previous month. Gross Receipts: The term "gross receipts" is understood to mean all income collected or accrued, 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 City sales tax, or other tax, collected by the Concessionaire from customers and required by law to be remitted to the taxing authority. Page 1 of 1 0 Other Exhibit/Attachment Description: ❑ following this page (pages through ) ■❑ this exhibit is not applicable Page 12 of 12 Revenue Generating Agreement #2017.004 (Ver.1)