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Agenda 11/13/2018 Item #16D1511/13/2018 EXECUTIVE SUMMARY Recommendation to award Request for Proposal (RFP) # 18-7351, Veterans Community Park Pickleball Concessionaire, to Pickleball Enterprises, LLC and authorize the Chairman to execute the attached agreement. OBJECTIVE: To provide concession services and comprehensive management of the Parks and Recreation Pickleball facility at Veterans Community Park. CONSIDERATIONS: The Parks and Recreation Division, through the Procurement Services Division, issued an RFP for comprehensive management of concessionaire services at Veterans Community Park, including but not limited to: mixers, ladders, leagues, tournaments, instructional programs (such as clinics, group instruction, private instruction, and academies), rentals such as courts and Picklebal l sports equipment, a membership program, and pro shop sales; which may include equipment, clothing, beverages, and snacks. On April 16, 2018, the Procurement Services Division released RFP #18-7351 to 2,743 vendors for the Parks and Recreation Veterans Park Pickleball Concessionaire. Interested vendors downloaded thirty- nine (39) packages, and the County received one (1) proposal by the May 17, 2018 deadline from Pickleball Enterprises LLC. A selection committee convened on June 11, 2018, and r ecommended award to Pickleball Enterprises, LLC. Respondents: Company Name City County State Rank Responsive/Responsible Pickleball Enterprises, LLC Naples Collier FL 1 Y/Y FISCAL IMPACT: Pickleball Enterprises is providing a revenue-sharing plan of a firm fixed monthly concession commission of 12.5% (twelve-point five percent) or four hundred fifty ($450) per month, whichever is more. In addition, the Concessionaire shall pay a fifty dollar ($50) per month utility fee. Revenue is budgeted in individual cost centers within the Parks and Recreation Division MSTD General Fund (111) budget. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: To award RFP #18-7351, Veterans Community Park Pickleball Concessionaire, to Pickleball Enterprises, LLC and authorize the Chairman to sign the attached agreement. Prepared By: Matthew Catoe, Operations Analyst, Parks and Recreation Division ATTACHMENT(S) 1. 18-7351 Solicitation (PDF) 2. (linked) Proposal (PDF) 3. Final Rank (PDF) 4. NORA Signed (PDF) 5. (linked) 18-7351 PickleballEnterprises_Contract_VendorSigned (PDF) 6. Insurance Certificate 2019 Workmans and Crime (PDF) 16.D.15 Packet Pg. 1802 11/13/2018 7. 18-7351 Insurance Requirements (PDF) 8. Certificate of Liability (PDF) 16.D.15 Packet Pg. 1803 11/13/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.15 Doc ID: 7126 Item Summary: Recommendation to award Request for Proposal (RFP) #18-7351, Veterans Community Park Pickleball Concessionaire, to Pickleball Enterprises, LLC and authorize the Chairman to execute the attached agreement. Meeting Date: 11/13/2018 Prepared by: Title: Operations Analyst – Parks & Recreation Name: Matthew Catoe 10/25/2018 12:24 PM Submitted by: Title: Division Director - Parks & Recreation – Parks & Recreation Name: Barry Williams 10/25/2018 12:24 PM Approved By: Review: Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 10/25/2018 1:25 PM Procurement Services Ted Coyman Additional Reviewer Completed 10/25/2018 4:28 PM Procurement Services Swainson Hall Additional Reviewer Completed 10/25/2018 4:28 PM Parks & Recreation Ilonka Washburn Additional Reviewer Completed 10/25/2018 6:33 PM Parks & Recreation Barry Williams Additional Reviewer Completed 10/26/2018 2:27 PM Public Services Department Kimberley Grant Level 1 Reviewer Completed 10/26/2018 4:01 PM Public Services Department Todd Henry Level 1 Division Reviewer Completed 10/26/2018 4:29 PM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 10/29/2018 3:55 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 10/30/2018 9:45 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/30/2018 9:59 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/30/2018 10:11 AM County Attorney's Office Emily Pepin CAO Preview Completed 10/30/2018 10:16 AM Budget and Management Office Ed Finn Additional Reviewer Completed 10/31/2018 2:42 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/04/2018 3:33 PM Board of County Commissioners MaryJo Brock Meeting Pending 11/13/2018 9:00 AM 16.D.15 Packet Pg. 1804 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROPOSAL (RFP) FOR Veterans Community Park Pickleball Concessionaire SOLICITATION NO.: 18-7351 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.15.a Packet Pg. 1805 Attachment: 18-7351 Solicitation (7126 : 18-7351 Veterans Community Park Pickleball Concessionaire) SOLICITATION PUBLIC NOTICE REQUEST FOR PROPOSAL (RFP) NUMBER: 18-7351 PROJECT TITLE: Veterans Community Park Pickleball Concessionaire 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. The County is seeking proposals from vendors for the comprehensive management of the Parks and Recreation Pickleball facility at Veterans Community Park: recreational programs such as mixers, ladders, leagues, and tournaments; instructional programs such as clinics, group instruction, private instruction, and academies; rentals such as courts, and Pickleball sports equipment; membership program; and pro shop sales which may include equipment, clothing, beverages, and snacks; and any other similar services that the Concessionaire wishes to propose which align with the Collier County Parks and Recreation mission to benefit the well -being of the people, community and environment of Collier County. BACKGROUND With a total of 2,305 square miles and a land area of 2,025 square miles, Collier County is the largest county in Florida and is larger than the states of Rhode Island and Delaware. Collier County is a thriving area in Florida, featuring one of the best busines s climates in the nation. With its geographic location, diverse demographics, affluent tou rism, international trade, efficient education and transportation systems, and strong industrial workforce, Collier County is a premier business destination in Florida. The Parks and Recreation Division is committed to providing quality services to the citizens of Collier County. The focus is to provide the public, both residents, and visitors, with unique recreation experiences. The County’s parks and recreation facilities contribute to the health of the community’s residents enhance the integrity and qua lity of the natural environment and attract visitors to the community, thereby contributing to local tourism and economic development. Located on Florida’s southwest coast, the Veterans Community Park may be found in North Naples at 1895 Veterans Park Drive, Naples, FL 34109. Veterans Community Park has eight (8) new permanent pickleball courts. The park is open from 8:00 AM to 10:00 PM. Currently, the Division is managing Pickleball programs at Veterans Community Park without a concessionaire. The highest volume of activity and sales may occur during the seasonal / tourist months of November – April; it is the expectation of the awarded concessionaire that service will operate year-round. Nothing in any following Agreement with the awarded concessionaire shall preclude the County from using the public areas for public and/or civic purposes as deemed necessary by the Parks and Recreation Division Director. The Concessionaire shall not conduct any other business on County property without specific written authority of the Board of County Commissioners. 16.D.15.a Packet Pg. 1806 Attachment: 18-7351 Solicitation (7126 : 18-7351 Veterans Community Park Pickleball Concessionaire) TERM OF CONTRACT The contract term, if an award(s) is/are made is intended to be for three (3) years with two (2) one-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 The successful proposer is responsible for providing the following as noted below: 1. Hours of Operation: During the term of this Agreement programs and concession will be adequately staffed on days and times approved by the Parks and Recreation Director or his/her designee. Days and hours will be posted and any changes from posted hours will be communicated within seven (7) days of the change. The operation should continue throughout the year including applicable holidays. Proposers are encouraged to provide any additional operational options for consideration. 2. Concession Operation: Staff, operations, and equipment to perform the operation of the services. 3. Equipment: All equipment required to operate the Pickleball program is at the Concessionaire’s expense. The Concessionaire may use County equipment, furnishings, and fixtures that are presently used in conjunction with the operations after approval by the Director of Parks and Recreation Division or his designee . Any equipment that is lost, stolen or damaged shall be replaced or repaired at the expense of the Concessionaire; ordinary wear and tear is expected. Upon the expiration of the Agreement, the Concessionaire shall deliver said inventory to the County. 4. Zoning and Permitting Requirements: The successful concessionaire is responsible for any future costs, and submittals, for any zone or permit requirements. 5. 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 de veloped by the Concessionaire and approved by the Director of Parks and Recreation Division or his designee. 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. 6. Commission: Remittance to the County of a $500 minimum monthly guarantee and percentage of gross sales to be negotiated. 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. It is also understood that the applicable Florida State Sales Use Tax on rental payments shall be added to the Concessionaire’s rental payment and forwarded to the County as part of said payments. After one year, the commission will be reviewed and renegotiated based on historical Point of Sale reports from th e vendor. The County intends to receive the rental amount at net, free and clear of all costs and charges arising from or relating to said demised premises. 7. 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 t he taxing authority. 8. Auditing of Accounts: The Concessionaire will make available locally, books of account, financial statements, tapes, the point of sale reports or any other documentation deemed necessary to authorized representatives of Collier County. 9. Employee Qualifications: Staffing, including a manager or responsible person that can speak to the manager and make decisions overseeing the facility. Conduct of the employees of the Concessionaire shall be subject to reasonable regulation by the Dir ector of Parks and Recreation Division or his designee. The Concessionaire shall employ people to work at this facility who are professional, literate, neat, clean, well -groomed, courteous and wear a uniform of the awarded company. 10. Point of Sale Equipment: A point-of-sale equipment 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. 11. Operational Concepts: Operational concepts in writing to the Director of Parks and Recreation Division or his designee. Concepts or changes to concepts must have the approval of the Director of Parks and Recreation or their designee before proceeding on any alteration. 16.D.15.a Packet Pg. 1807 Attachment: 18-7351 Solicitation (7126 : 18-7351 Veterans Community Park Pickleball Concessionaire) 12. Maintenance and Repairs: Provide regular and routine daily, monthly, and yearly maintenance of the facilities, designed to keep the premises and equipment in a good state of repair, free from hazardous conditions and deterioration, thus providing f or the comfort and safety of visitors and patrons. 13. Security: Security measures which may be required to protect his/her area and his/her equipment, materials and facilities. 14. Trash, Rubbish, and Garbage Removal: Provide for daily pickup and removal of all rubbish, trash, and garbage including removal of trash from the concession area to the dumpster. The County will provide all garbage, trash, and rubbish receptacles within the confines of his area. 15. 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. 16. Appearance of Premises: Provide a neat and orderly operation at all times and shall be solely responsible for the necessary housekeeping on and around the park concession. Concessionaire shall make available all areas under their control for examin ation at any time by the Director of Parks and Recreation Division or his designee. 17. Public Use of Facilities: The attention of prospective proposers is directed to the fact that the Concessionaire shall be responsible to the Director of Parks and Recreation Division or his designee for the satisfactory and courteous operation of the program and concession. Although the County is offering the awarded concessionaire exclusive rights to current Pickleball facilities at Veterans Community Park; nothing in this Agreement shall preclude the County from using the public areas for pu blic and civic purposes as deemed necessary. One pickleball court must be made available to the public Monday – Friday from 12:00 – 9:00 pm from November through April except when tournaments are scheduled. 18. Advertising and Signs: Provide, at the Concessionaire’s sole expense, required signs at all public approaches to the facility. All signage, advertising, and posting shall be approved in writing by the Director of Parks and Recreation Division or his designee. Parks and Recreation staff will remove unapproved signs. 19. Closure of Facilities - Loss of Equipment: If closure of the facilities or loss of equipment to some but not all of the facilities or equipment are due to fire damage, flood, hurricane, civil disorder, strikes, act of God, etc., the Concessio naire shall notify the County in writing within twenty-four (24) hours after the commencement of such event, stating the cause or causes thereof. If Concessionaire fails to provide the required notification, the Concessionaire will be deemed to have waive d any right which Concessionaire may have had to request a pro-rated adjustment of monthly payments up to the time the damage is repaired, or other circumstances return to normal as agreed upon in writing by Concessionaire to the Director of Parks and Recreation Division or his designee. 20. Commencement of Operation: Open for business to the public no later than thirty (30) days after the approval of the Contract by the Board of County Commissioners or until the Contract is entirely executed whichever is first. 21. Fees: The fees shall be subject to reasonable regulation by the Director of Parks and Recreation Division or designee. 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 16.D.15.a Packet Pg. 1808 Attachment: 18-7351 Solicitation (7126 : 18-7351 Veterans Community Park Pickleball Concessionaire) 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 25 Points 5. Specialized Expertise of Team Members 25 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 retrieve d 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: • 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 (25 Total Points Available) In this tab, include but not limited to: • Provide information your company’s qualifications, abilities, capacity, skill, and financial strength, and number of years of experience in providing concessionaire services. 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 (25 Total Points Available) 16.D.15.a Packet Pg. 1809 Attachment: 18-7351 Solicitation (7126 : 18-7351 Veterans Community Park Pickleball Concessionaire) 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 concessionaire. 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.15.a Packet Pg. 1810 Attachment: 18-7351 Solicitation (7126 : 18-7351 Veterans Community Park Pickleball Concessionaire) 16.D.15.c Packet Pg. 1811 Attachment: Final Rank (7126 : 18-7351 Veterans Community Park Pickleball Concessionaire) 16.D.15.d Packet Pg. 1812 Attachment: NORA Signed (7126 : 18-7351 Veterans Community Park Pickleball Concessionaire) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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 have ADDITIONAL INSURED provisions or 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 11/1/2018 13512 PICKLEBALL ENTERPRISES LLC 8187 Sanctuary Dr. #2 Naples, FL 34104 99999 A TWC3742372 10/10/2018 10/10/2019 500,000 500,000 500,000 B 3rd Party Crime Bond 107003047 10/30/2018 Limit 50,000 Project Number #18-7351 Collier County Board of County Commissioners 3299 Tamiami Trail East Naples, FL 34112 PICKENT-01 KRODGERS AP Intego Insurance Group, LLC 1601 Trapelo Rd Suite 280 Waltham, MA 02451 support@apintego.com Amtrust*** Travelers*** X 10/30/2019 16.D.15.f Packet Pg. 1813 Attachment: Insurance Certificate 2019 Workmans and Crime (7126 : 18-7351 Veterans Community Park Pickleball Concessionaire) INSURANCE AND BONDING REQUIREMENTS Insurance / Bond Type Required Limits 1. Worker’s Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers’ Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at https://apps.fldfs.com/bocexempt/ 2. Employer’s Liability $1,000,000 single limit per occurrence 3. Commercial General Liability (Occurrence Form) patterned after the current ISO form Bodily Injury and Property Damage $ 1,000,000 single limit 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. 4. Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor 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, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5. Automobile Liability $ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. Other insurance as noted: Watercraft $ __________ Per Occurrence United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ __________ Per Occurrence Pollution $ __________ Per Occurrence Professional Liability $ ___________ Per claim & in the aggregate Project Professional Liability $__________ Per Occurrence Valuable Papers Insurance $__________ Per Occurrence Cyber Liability $__________ Per Occurrence Technology Errors & Omissions $__________ Per Occurrence X Employee Dishonesty $ 50,000 7. Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers’ check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance 16.D.15.g Packet Pg. 1814 Attachment: 18-7351 Insurance Requirements (7126 : 18-7351 Veterans Community Park Pickleball Concessionaire) Corporation. 8. Performance and Payment Bonds For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as “A-“ or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders’ surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. Collier County must be named as "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 Vendor’s policy shall be endorsed accordingly. 11. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must s tate the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. Thirty (30) Days Cancellation Notice required. 8/20/18 – GG 10/26/18 - CC ________________________________________________________________________________________ Vendor’s Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm _______________________________________ Date ____________________________ Vendor Signature _________________________________________________________________________ Print Name _________________________________________________________________________ Insurance Agency _________________________________________________________________________ Agent Name ___________________________________ Telephone Number ________________ 16.D.15.g Packet Pg. 1815 Attachment: 18-7351 Insurance Requirements (7126 : 18-7351 Veterans Community Park Pickleball Concessionaire) 16.D.15.h Packet Pg. 1816 Attachment: Certificate of Liability (7126 : 18-7351 Veterans Community Park Pickleball Concessionaire) May 15, 2018 Pickleball Enterprises, LLC 8187 Sanctuary Drive #2 Naples, FL 34104 239-784-2242 To: Collier County Parks and Recreation Re:Solicitation 18-7351 - Veterans Community Park - Coverletter-Tab l Pickleball Enterprises, LLC is to deliver high-quality services to visitors at Veterans Community Park. To arrange a quality of life for the community and visitors through paddle and racquet sports. We will continue to work with Collier County and Collier County Parks and Recreations Department supporting their values as follows: honesty, integrity, public service, accountability, quality, fairness, knowledge, stewardship, creativity, exceptional customer service, clean facilities, teamwork, positive attitude, responsiveness to customer, open communication, affordable programs, and collaboration. Pickleball Enterprises will continue to provide top quality tournaments through the Southern Tropic Series. Lessons, clinics, training, leagues, ladders, and organized play on a daily basis through the already established US OPEN Pickleball Academy. Our experienced instructors are IPTPA certified. The concession will be managed by knowledgeable and courteous staff. The products sold will be top quality and will include products made by local manufacturers from Collier County. Available for sale and rent will be pickleball paddles, balls, clothing and training equipment as well as a variation of healthy snacks and drinks. Pickleball Enterprises mission is to provide quality services and products to all residents and visitors to Veterans Community Park. Provide visitors with a reason to return and convince others that they should come to one of the top pickleball communities in the world! Sincerely, �uf.::'7 Executive Director Captainjim54@gmail.com PICKELBALL ENTERPRISES, LLC BUSINESS PLAN COLL IER COUNTY PARI<:.S AND RECREATION PICKLEBALL PROGRAM OPERATIONS MANAGEMENT CONCESSIONA IRE Solicitation 18-7351 Tab II 8187 SANCTUARY DRIVE l\.T A D T P <:: I:;' T ':1. A 1 () A BUSINESS PLAN USE OF COUNTY PROPERTY Pickleball Enteiprises, LLC (PE) will provide a pro shop experi ence that will include the sale and rental of pickleball, tennis, racquetball and any other equipment that there may be a demand, which will include healthy snacks and drinks. Pickleball Enterprises will maintain a membership program that will allow Collier County citizens and visitors an opportunity for a valued and exciting experience when they arrive to play. We will provide lessons, clinics, destination camps, league play, ladder leagues, and a skill level rating evaluation and organize play. This will occur during the day and evening as well, organized through this office in the modular structure. EQUIPMENT PROVIDED The equipment provided for sale and rental will be of quality materials provided by the qualified manufacturers. Equipn1ent is available for sale at current market pricing and rental of paddles will rent for a daily fee at $5.00 per day and balls for $1.00 per day. A Tutor Pickleball practice machine is on site and made available for rent for $40 per hour. A security deposit will be required through credit card or PE will retain license until return of equipment. Also made available will be clothing, hats, gloves and jewelry. In addition, PE will carry tennis and racquetball accessories to accommodate visitors. FOOD CONCESSION The food concession will offer soda, water and vitamin drinks and a variety of healthy snacks, with a price range of $1-$5. If there is a demand and approved by Collier County we will provide a more substantial menu. In cooperation with Collier County, all food will be provided in a healthy and sanitary environment that meets the codes of Collier County. ACADEMY A contract with the US OPEN Pickleball Academy to continue to deliver high quality, best value, public service programs and facilities for the community and visitors. Lessons, clinics, league play and destination camps along with everyday organized play, will continually be monitored, to provide the best experience for players. Beginner lessons provided with flexibility to assure we can capture demographic which will help Lhe growth of membership and the program. TOURNAMENTS Will continue the successful series of Southern Tropics Tournaments held in December,January and March at East Naples Community Park. We will schedule a tournament in November and February at the Veterans Park facility. 2 COMMUNI'tY OUTREACH Pickleball Enterprises, LLC will work in conjunction with Pickleball For All to continue to nurture the pickleball program in Collier County Schools. Pickleball For All fundraisers bring in revenue to provide equipment to schools and other organizations. Recently due to tl1e efforts of Pickleball For All in the school program, Collier County Schools have begun an after school program for students to participate in pickleball. Pickleball Enterprises will work to encourage participation in the parks pickleball program also encouraging participation in the Juniors Division of the Southern Tropics Series of Tournaments and the US OPEN Pickleball Championships. PE will also work with the newly formed Pickleball For All Veterans program, initiated in a partnership witl1 Chris Uzzi of Veterans Listening Post five months ago. We will provide training and equipment for veterans. This program will instill and encourage a healthy and active lifestyle amongst our veterans and service people of all ages. Recently for ilie first time in Southwest Florida's pickleball history, a wheelchair player entered in the US OPEN Pickleball Championships. We have agreed to continue to work togeilier to increase the participation and develop a program to encourage "able body" players to interact wiili players with disabilities. We will also orchestrate and organize events that will provide income from ilie rental of tl1e courts and park space, ilirough tournaments and civic/business functions such as team building and networking events. Pickleball For All gives back to the community in more ways than just pickleball. Pickleball For All played a large part in helping out those affected by the devastating Hurricane Irma. REVITALIZATION OF COLLIER COUNTY PARKS Pickleball Enterprises, LLC will continue to work wiili Collier County Parks and Recreation in the redevelopment and development of Collier County parks to include pickleball as part of ilie venues offered to the residence and visitors. PE will continue to work together on the revitalizations at Veterans Park and East Naples Community Park where the world-renowned US OPEN Pickleball Championships will be held for the next three years. Identify the areas in need of improvement or expansion to maintain tl1e image created as the world's largest and first class pickleball community. EXPANSION Pickleball Enterprises, LLC will continue to modify and improve programs at Veterans Community Park and use our experience working with the county to assure we meet the need of the citizens and visitors of Collier County. Our goal would be to use these programs to expand to all of Collier County Parks, to encourage a consistent system of play that is fair and equal to residence and visitors. A program simplified so that all visitors to Collier County Parks will walk away with a memorable and exhilarating experience. PUBLICITY OF THE CONCESSION The promotion of the concession through social media, Facebook, Twitter, Instagram, promotional material handouts at events and advertising campaigns through local new papers. Signage displayed at the entrance to ilie park upon approval of Collier County Parks and Recreation. 3 Veterans Community Park Concession Expectations We are currently running the concession "Pickleball Pro Shop of Collier County" at East Naples Community Park and have upgraded the facility to meet the the expectation of the clients. We provide a pro shop environment and provide professional services. Our EPOS system is latest technology as well as our membership card program, samples of both are provided as part of this package. Upon award, set up building space to be functional that will provide the services as described above. During this time, identify the areas that need repair or modification to provide an area that is functional, safe and pleasing to the customer. Work with the county for approvals of any upgrades necessaiy. Plan to begin any necessary work as soon as the county provides approvals. 4 Pickleball Enterprises, LLC 8187 Sanctuary Drive #2 Naples, FL 34104 239-784-2242 May 15, 2018 To: Collier County Parks and Recreation Re: Solicitation 18-7351 At award of the contract for the pickleball concession, our team will proceed to begin the improvements necessary to prepare for displaying merchandise sold or rented. Identify any areas that are in need of improvements or repairs and work with Parks and Recreation on a plan to assure a successful operation. Our team already has in place the US OPEN Pickleball Academy and the Southern Tropics Series of Tournaments. We will continue our plans to grow both the academy and tournaments at Veterans Park. A. Advertising – Start 1. Social media blast through our contacts websites and members 2. Local news papers 3. Bulletin boards at the park 4. Local business associations i. East Naples Merchant Association ii. East Naples Civic Association iii. Naples Chamber of Commerce iv. Kiwanis v. Collier County Sports Council B. Membership program 1. Transition existing membership to Pickleball Enterprises Data Card System (see attached sample). The Card will be unique to Veterans Park, easily identifiable by color. Pickleball Enterprises, LLC 8187 Sanctuary Drive #2 Naples, FL 34104 239-784-2242 2. Set up a fee, $50 annual (calendar year) that aligns with Collier County Parks and Recreation and East Naples Community Park membership program 3. Assure that the members are up to date with membership 4. Provide information via social media and emails about activities in the park 5. Provide leagues, ladders, lessons, round robins for all levels to expand the membership base in Collier County C. Communicate and work with Collier County Parks and Recreation on improvement to the park to keep it current and a up to date facility 1. Electrical and water improvements 2. Identify areas that need to be handicap accessible 3. Upgrades to the courts and surrounding areas 4. Additional Courts 5. Parking Facilities 6. Bicycle Racks Pickleball Enterprises, LLC 8187 Sanctuary Drive #2 Naples, FL 34104 239-784-2242 May 15, 2018 RE: Price Schedule - Tab II - 18-7351 Items below are available at the concession, but not limited to these items: Sale of Beverages Snacks Pickleball Paddles Pickleball Balls Gloves Hats Ball Machine Glasses Sun/Safety Jewelry Clothing Rental of Equipment Paddles Balls Rackets Tennis/Racquetball Ball Machine Bemer Therapy Mat Sincerely, �Lft7-I ��::u s ti�e Director $1 -$3 $1 -$3 $25-$125 $2.50 -$4 $10 -$20 $20 -$35 $800 -$1,200 $10-$25 $10-$75 $15 -$75 $5.00 per day $1.00 per day $15.00 per day $40.00 per hour $10.00 per session Pickleball Enterprises, LLC 8187 Sanctuary Drive #2 Naples, FL 34104 239-784-2242 May 15, 2018 RE: Leadership Team - Tab V - 18-7351 Veterans Park Please find attached resume's of Pickleball Enterprises, LLC leadership team. We currently are operating the concession at East Naples Community Park and will take our experiences to Veterans Community Park. Jim Ludwig - Executive Director will oversee the complete operation of the concession. Assuring that all items of the contract with Collier County are met or exceeded. Years of experience running a business in the elevator industry, provides the background necessary to assure a successful operation. Carol Caefer -Assistant Director will oversee the daily operations including staffing and stock. Carol's experience as Director for Ferguson Industries for the Blind procuring contracts filling the orders and selling product through local brick and mortar stores. Chad Edwards - Director of Operations for US OPEN Pickleball Academy will control the daily operations for the Pro Shop and Academy as well. Chad's many years of experience in the retail business for Dry-Treat Inc. provides him with the expertise needed to assure the concession will run smoothly and profitably. Simone Jardim - Director of the US OPEN Pickleball Academy will continue to provide the expertise in clinics and lessons ,not only in Pickleball but in tennis as well. Simone's experience as a college tennis coach and a high-level player brings much to the table. Terri Graham -Will use her expertise from years at Wilson Sporting Goods and recently the US OPEN Pickleball Championships, to enrich the marketing and advertising program. Her experience on the racquetball courts as a pro and certified instructor gives an added bonus for those that may want to improve their racquetball game. Chris Evon -Again many years with Wilson Sporting Goods and recently the US OPEN Pickleball Academy. Chris is also providing skills in the marketing and social media campaign to promote the pro shop and pickleball activities. Sincerely, �u� Executive Director MARCY KORAL OK KORAL MARKETING, INC. MARCY@OKKORALMARKETING.COM 239-514-4010 239-250-0071 10 10 10 10 10 10 10 10 10 10 100 -E-Verify Welcome James Ludwig Company Information Company Name Pickleball Enterprises, LLC Company ID Number 1152123 Doing Business As (DBA) Name Pickleball For All DUNS Number Physical Location Address 1 8187 Sanctuary Drive Address 2 Unit 2 City Naples State FL Zip Code 34104-6211 County COLLIER Mailing Address Address 1 Address 2 City State Zip Code Additional Information Employer Identification Number =MENU 18-7351 18-7351 CONCESSIONAIRE AGREEMENT #18-7351 For VETERAN'S COMMUNITY PARK PICKLEBALL CONCESSIONAIRE THIS AGREEMENT, made and entered into on this day of 20 , by and between Pickleball Enterprises, LLC, authorized to do business in the State of Florida, whose business address is 8187 Sanctuary Drive, #2, Naples, Florida 34104, (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: AGREEMENT TERM, The Agreement shall be for a three (3) year period, commencing upon the date of Board approval and terminating three (3) years from that date. 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 (1) year 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. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of Request for Proposal #18-7351, 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. 2.1 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. 3. CONSIDERATION. The Contractor shall remit to the County, as consideration for this Agreement, a percentage of the total gross revenue of the Contractor's business operations as follows: a firm fixed monthly concession commission of 12.5% (twelve -point five percent) or four hundred fifty ($450) fee per month, whichever is more. In addition, the Contractor shall pay a fifty dollars ($50.00) per month utility fee. Said payments shall be tendered to the County by the fifteenth (15th) of each month for the preceding month and such payments shall be accompanied by a Statement of Gross Page 1 of 16 Concessionaire Agreement #2017.011 (Ver.1) Receipts for the preceding month. Such Statement of Gross Receipts shall be certified as true, accurate and complete by the Contractor. It is also understood that the applicable Florida States Sales Tax on payments to the County shall be added to the payment. The County is to receive its revenue payment as net, free and clear of all costs and charges arising from, or related to Contractor's obligations under this Agreement, and that the monthly utility fee and the percentage of total gross revenues will be paid monthly for the life of the Agreement. The term "gross revenue", "gross receipts" and/or "gross sales" means all income collected, accrued or derived by the Contractor 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 Contractor from customers and required by law to be remitted to the taxing authority. The Contractor shall provide the County a copy of its State Sales and Use Tax Report, as prescribed by the State of Florida Revenue http://dor.myflorida.com/dor/taxes/sales tax.html#tab1. After the initial term, the commission will be reviewed by the Parties and renegotiated based on historical Point of Sale reports from the Contractor. Any changes to the commission fee will be memorialized in an Amendment to the Agreement. 4. DEFAULT IN PAYMENT. The monthly Statement of Gross Receipts, the payments computed on that amount, including the utility fee, and any other taxes and fees due must be submitted to the County through the Director of Parks and Recreation or Designee, to be received by the fifteenth (15th) of each month. In the event the Contractor fails to pay this consideration within five (5) days of such due date, there shall be a late charge of ten percent (10%) per day added to the fees due. The County has no duty to notify the Contractor of its failure to remit any such payment or report. 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 Contractor's assets on County property and may terminate this Agreement. A monthly report as identified in Section 5 shall also be submitted to the Director of Parks and Recreation or Designee, by the fifteenth (15th) of each month. This report shall accompany the monthly Statement of Gross Receipts and shall be subject to audit. Contractor's failure to remit any such payment or produce the reports shall be considered a material breach of the Agreement. 5. MONTHLY REPORTING REQUIREMENTS. The Contractor will be required to submit a written monthly report specific to Concession Operations Areas, as identified in Exhibit A — Scope of Services, by the fifteenth (15th) day of the following preceding month that contains the reporting information stated below. Contractor's failure to produce these required monthly reports shall be considered a material breach of the Agreement. The report will be approved by the Director of Parks and Recreation, or Designee and, at minimum, shall include hours of operation, daily attendance figures, weather conditions. A. Certified Monthly Location Total Sales Report: By location, a summary report which identifies the total: • Monthly gross sales by category (i.e. food, beverage, rentals, clinics, lessons, merchandise, etc.); • Tax dollars for the gross sales; • Gross Sales dollars less tax; • Credit card number of transactions and dollar amount; • Cash number of transactions and dollar amount; and, Page 2 of 16 Concessionaire Agreement #2017.011 (Ver. 1) • A clearly written certification statement, which contains the following: "To the best of my knowledge, The Certified Monthly Location Total Sales Report, and any additional reports attached hereto, are accurate and reflect the sales and commission owed to the County." B. Daily Transaction Report: An itemized transaction report that identifies: • A transaction reference number that includes the category (i.e., food, beverage, rentals, clinics, lessons, merchandise, etc.), the cost by item, related sales tax, the total of the individual transaction and the payment method (credit card or cash). The final page of the report should summarize the total number of transactions for that day, the dollar of cash transactions and the dollar total of credit card transactions. 6. OPERATIONS, The Contractor shall use point-of-sale (POS) electronic cash machines or other electronic accounting control equipment for the proper control of all payments. All sales transaction must be accompanied by a receipt to the customer. Daily Register receipts must be maintained and made available upon demand during the term of this Agreement. All electronic cash equipment and accounting procedures must be reviewed and approved by the Director of Parks and Recreation, or Designee. All financial records are to be maintained during the entire term of this Agreement and for a period of five (5) years following the termination of this Agreement. The receipt/revenue records consist of records documenting specific receipts/revenues collected by an agency through cash, checks, electronic fund transfers (EFT), credit and debit cards, or other methods. This may include, but is not limited to, records such as cash collection records and reports; cash receipt books, cash register tapes, deposit/transfer slips, EFT notices, credit and debit card records, receipt ledgers, receipt journal transactions and vouchers, refund records, bad check records, and other accounts receivable and related documentation. The Contractor may sell any concessions desired if such items are permitted under Florida state law and the Contractor has obtained the proper licensing/tax permits for such sales and approved in writing by the Director of the Parks and Recreation Division, or Designee. All alcoholic beverage sale and tobacco products are not permitted. Any equipment necessary for the sale of concessions, other than the existing equipment, must be furnished and maintained by the Contractor. 7. 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. Page 3 of 16 Concessionaire Agreement #2017.011 (Ver.1) 8. UTILITIES. A monthly fee of fifty dollars ($50.00) for use of electricity will be assessed ($50/month), which may pro -rated. The monthly utility fee will be submitted along with the monthly required documents and payments and should be included and noted on a statement that shows the monthly payment amount (monthly sales commission and payment) and the utility payment of one -hundred dollars ($50.00) with the grand total that should match the check amount. Any other utilities that are for the benefit of the Contractor shall be paid by the Contractor (i.e. WiFi, Telephone, etc.). 9. 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- 8015966531C. 10. 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: Address: Authorized Agent: Telephone: E-Mail(s): Pickleball Enterprises, LLC 8187 Sanctuary Drive, #2 Naples, Florida 34104 James Ludwig, Executive Director (239) 784-2242 Captainjim54@gmail.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Barry Williams Division Name: Parks and Recreation Address: 15000 Livingston Road Naples, FL 34109 Administrative Agent/PM: Steven Weisberg Telephone: 239-252-4070 E-Mail(s): Steven.Weisberg@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. 11. NOT A LEASE. No part, parcel, building, structure, equipment or space is leased to the Contractor. The Contractor is not a lessee. The Contractor'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. 12. 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. Page 4 of 16 Concessionaire Agreement #2017.011 (V . 13. FACILITIES. The Contractor shall maintain sanitary, neat and safe facilities and orderly operations at all times to ensure a maximum value to guests. The Contractor acknowledges it is assuming responsibility for managing the Concession Operations Areas in its current "as is" condition and in good order. 14. MAINTENANCE AND REPAIRS. The Contractor shall, to the satisfaction of the Director of Parks and Recreation, or Designee, provide normal and routine daily, monthly, and yearly maintenance of the facilities, designed to keep the premises and equipment in a good state of repair, free from hazardous conditions and deterioration, thus providing for the comfort and safety of visitors and patrons. The County will make and/or manage repairs including, but not limited to: landscaping: mowing, herbicide and pesticide application; exterior painting; air conditioning; roadways and sidewalks within the park; exotic flora/faunal removal; and County, State, and Federal signage within the County facilities. Any improvements, including capital improvements, made for the benefit of the Contractor shall be paid for by the Contractor and approved in advance in writing by the Director of Parks and Recreation or Designee. All capital improvements will become the property of Collier County at the end of the term of the Agreement. 15. TRASH, RUBBISH AND GARBAGE. The County will provide all garbage, trash and rubbish receptacles within the confines of the Concession Operations Areas, including a dumpster and enclosure. The Contractor shall be responsible for the pickup and removal of all rubbish, trash and garbage, including removal of trash from the concession area to the dumpster. The Contractor agrees to perform daily removal of litter in the immediate exterior area within fifty (50) feet of the concession. The County shall be responsible for the removal of all trash from the dumpster. The County may assess a monthly fee for its services and the County reserves its right to implement. The Contractor shall have a neat and orderly operation at all times and shall be solely responsible for necessary housekeeping on and around the Concession Operations Areas. 16. PERMITS: LICENSES: TAXES. The Contractor 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 Contractor. Appropriate licenses and permits shall include but not be limited to compliance with Health Department requirements including: Food Manager Certification; State of Florida Department of Business and Professional Regulation Food Service License; State of Florida Department Division of Corporations Registration; Resale Certification; and Safe Serve certified (certification form needs to be provided for all employees). The Contractor shall also be solely responsible for payment of any and all taxes levied on the concession operations or any other taxable activity on the premises. In addition, the Contractor shall comply with all existing and future applicable rules, regulations and laws of Collier County, the State of Florida, or the U.S. Government. The Contractor is responsible for any future costs, and submittals, for any zone or permit requirements. Page 5 of 16 Concessionaire Agreement #2017.011 (Ver.1) 17. 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. 18.TERMINATION. Should the Contractor be found to have failed to perform the 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. The Agreement may be terminated by the County immediately due to any material breach of this Agreement, including, but not limited to, failure of the Contractor to maintain the approved hours of operation or failure of the Contractor to provide a receipt to each customer for every transaction. During the notification period, both parties agree to meet its respective contractual obligations in good faith. 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. 19. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 20. FORCE MAJEURE. If closure of the facilities or loss of equipment, of either or all facilities, is due to unforeseeable causes beyond the control of Contractor, 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, hurricanes, civil disorder, epidemics, quarantine regulations, strikes or lock -outs, etc., the County will allow pro rata adjustment of monthly payments up to the time such damage is repaired and/or the loss of time related to the closure of the facilities. The County must be made aware of the time of closure within forty-eight (48) hours up to the time the damage is repaired or other circumstances return to normal. 21. CONTRACTOR NOT TO REMOVE PROPERTY. Contractor shall not remove from the Concession Operations Areas any personal property brought thereon or any replacements thereto by the Contractor 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, or Designee. Upon expiration of the term specified in Section 1, if the Contractor has made full payment under this Agreement and has fully complied with the terms of this Agreement, Contractor may remove personal property from the County facilities and shall do so within fifteen (15) days following the expiration of this Agreement, provided such personal property must be removed without damage to the premises. On Contractor's failure to do so, the County may cause same to be removed and stored at the cost and expense of the Contractor, and the County shall have a continuing lien thereon in the amount of the cost and expense of such removal and storage until paid, and County may sell such personal property and reimburse itself for such costs and expense, plus all expenses of the sale. Page 6 of 16 Concessionaire Agreement #2017.011 (Ver. . 22. EQUIPMENT. The Contractor shall be responsible for the proper care and maintenance all existing equipment and fixtures within the Concession Operations Areas as documented in the County's inventory list. The Contractor will be responsible for repair, maintenance and replacement of existing equipment and fixtures at the expense of the Contractor; ordinary wear and tear is expected. Any replacements of equipment should be coordinated through Director of Parks and Recreation or Designee. Any equipment that is lost, stolen or damaged shall be replaced or repaired at the expense of the Concessionaire; ordinary wear and tear is expected. Upon the expiration of the Agreement, the Concessionaire shall deliver said inventory to the County. 23. MARKETING. The Contractor shall actively market the Concessions programs at the County facilities concessions. Proof of advertising such as written marketing programs and literature should be reviewed by the Director of Parks and Recreation, or Designee, prior to distribution to the public and must be submitted two (2) weeks prior to the actual advertising date. 24. COOPERATION. The Contractor agrees to cooperate with the County in the conduct of surveys and to provide reports of visitor usage of all concession services, as requested by the Director of Parks and Recreation or Designee. The County shall provide Contractor with advance notice of any special event and shall coordinate with the Contractor regarding same. County shall provide Contractor with notice of the availability of plans for any remodeling of the facilities. 25. INSPECTION. The Contractor shall, to the satisfaction of the Director of Parks and Recreation or authorized representative provide normal and routine inspections, per a mutually agreed upon schedule (documented in an inspection log available for County inspection) of the facilities, designed to keep the premises and equipment in a good state of repair, free from hazardous conditions and deterioration, thus providing for the comfort and safety of visitors and patrons. The Contractor shall ensure that Concession Operations Areas are to be available for inspection by designated County representatives during regular operating hours and at other times upon reasonable notice. The County reserves the right to conduct unscheduled inspections 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. Contractor shall undertake immediately the correction of any deficiency as cited by such inspectors; failure to comply shall be considered a material breach of the Agreement. 26. WAIVER OF INTERFERENCE. The Contractor 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 Contractor from any obligation hereunder. 27. WAIVER OF LOSS FROM HAZARD. The Contractor 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. 28. NO LIENS. Contractor 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, Contractor shall cause such lien to be discharged within ten (10) days after written notice to do so from the County. Page 7 of 16 Concessionaire Agreement #2017.011 (Ver.1) U10 29. ORDERLY OPERATIONS, ETC. The Contractor shall have a neat and orderly operation at all times and shall be solely responsible for necessary housekeeping services to properly maintain the premises. There shall be no living quarters, nor shall anyone be permitted to live on the premises. 30. EMPLOYEES; MANAGER. The Contractor shall employ people to work at this facility who are neat, clean, well-groomed and courteous. All employees shall observe all the graces of personal grooming. Subject to the American with Disabilities Act, Contractor shall supply competent employees, who are physically capable of performing their employment duties and the County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County property is not in the best interest of the County. All Contractor employees shall wear shirts and shorts with the Contractor's logo or other identifying marking. The Contractor shall have an experienced manager overseeing the concession operations at all times when open for business. When the manager is absent, the operation shall be directed by an assistant manager, experienced and trained in Concession operations and at least twenty-one (21) years of age. All managers will be Food Safe Compliant with all State of Florida and Collier County "Serve Safe" requirements and licenses. There shall be an after-hours contact person available by telephone and the contact phone number shall be provided to the Director of Parks and Recreation, or Designee. Background checks and drug tests must be conducted on all employees prior to performing services at the concessions which is to be conducted by the County's Facilities Management staff at the expense of the Contractor. The Contractor must have a drug and alcohol policy consistent with County Policies (CMA 5312). 31.HOURS OF OPERATION. During the term of this Agreement programs and concession will be adequately staffed on days and times approved by the Parks and Recreation Director or his/her designee. Days and hours will be posted and any changes from posted hours will be communicated within seven (7) days of the change. The operation should continue throughout the year including applicable holidays. The Contractor may open additional days, subject to prior written approval of the Director of Parks and Recreation or Designee. All hours and days of operation shall be conspicuously posted and easily read by park visitors. Any changes from posted hours and days will be communicated within seven (7) days of the change. The Contractor shall be responsible to the Director of Parks and Recreation Division for the satisfactory and courteous operation of the programs and concessions. 32. NO IMPROPER USE. The Contractor 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 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 operation of the concession. Should the Contractor 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 Contractor further agrees not to commence operation Page 8 of 16 Concessionaire Agreement #2017.011 (Ver.1 during such suspension period until the violation has been corrected to the satisfaction of the County. 33.NO DISCRIMINATION. There shall be no discrimination as to race, gender, color, creed or national origin in the operations referred to by this Concession Agreement; and further, there shall be no discrimination regarding any use, service, maintenance, or operation of the premises. All facilities located on the premises shall be made available to the public, subject to the right of the Contractor to establish and enforce rules and regulations to provide for the safety, orderly operation and security of the facilities. 34. NO DANGEROUS MATERIALS. The Contractor 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. 35. COUNTY CONTROL COUNTY PARK CONCESSION. Nothing in this Agreement will preclude the County from using the public areas of the County facilities for public and/or civic purposes. In the event of occurrences previously mentioned, the Contractor will be notified, as deemed necessary by the Director of Parks and Recreation or Designee. 36. FLORIDA LAW. This Agreement shall be governed by and construed in accordance with the Laws of the State of Florida. 37.VEHICLES IN PARK. Vehicles are allowed in the areas only where roadways are provided. Vehicles shall park only in areas designated by the County for vehicle parking. Any vehicles that are to be used for concessions must have prior written approval of the Parks and Recreation Director or Designee. 38. STORAGE. Contractor shall obtain approval for any storage of equipment in County facilities from the appropriate permitting agencies. No overnight storage of any kind shall take place on the premises unless approved in writing by the Director of Parks and Recreation or Designee and is contingent upon approval of the appropriate permitting agency. 39. STORM WARNING. Upon declaration of a hurricane projecting an imminent strike, or the implementation of evacuation procedures from Collier County, Contractor shall meet with the Director of Parks and Recreation 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. Contractor is required to secure all items owned and maintained by the Contractor. 40. CONTAINERS. The sale of items in glass containers is not permitted. The County has a recycle program in place and the Contractor is required to comply with that program with respect to the disposal of containers. 41. SAFETY AND SECURITY. The Contractor 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. The County will not assume any responsibility for Concession Operations Areas security or alarms other than the security cameras at common areas and routine law enforcement patrols by Collier County Park Ranger patrols. Smoke, fire or fume activation within the Contractor's work area, and the reporting of those activations to the County is the responsibility of the Contractor. G Page 9 of 16 bJ Concessionaire Agreement #2017.011 er.1) In the event of any emergencies, safety or security accident or incident to employees, visitors, and/or property the Contractor must communicate to the Director of Parks and Recreation, or Designee, immediately followed by a written incident report. The Contractor is to have a written safety and security plan for the Concession Operations Areas. The Contractor will cooperate with all jurisdictional law enforcement agencies and personnel. 42. SIGNAGE. The Contractor 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 Division or Designee. Signs that will be used for advertising purposes shall be constructed and maintained to County standards as defined by the Code Compliance Department. The use of the Collier County Logo is prohibited. 43. 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, 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. The duty to defend under this Article 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 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. 44. INSURANCE. The Contractor shall provide insurance as follows: A. 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. 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. C. Employee Dishonesty: Coverage shall have minimum limits of $50,000 per claim. Page 10 of 16 Concessionaire Agreement #2017.011 (Ver.11 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 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. 45. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Parks and Recreation Division. 46. 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. 47. 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), Exhibit A Scope of Services, RFP #18-7351, including Exhibits, Attachments and Addenda/Addendum. 48, 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. 49. 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 Page 11 of 16 Concessionaire Agreement #2017.011 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 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. 50. 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. 51. 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. Page 12 of 16 Concessionaire Agreement #2017.011 (Ver.1) 52. 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. 53. 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. 54. 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 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. 55. 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. 56. 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. 57, 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 Page 13 of 16 Concessionaire Agreement #2017.011nn' ) 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(a-),colliergov.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. (signature page to follow) Page 14 of 16 Concessionaire Agreement #2017.011 (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 Kinzel, Clerk of Courts Z Dated: (Seal) Contractor's Witnesses: -�_ First itch ss V" Cc Print Name and Title BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA In Andy Solis, Chairman Pickleball Enterprises, LLC Contractor By: ignat4 Second WitnessP , �-, --� ►->✓ f c;-� z s � ecu--� R r Print Name and Title Approved as to Form and Legality: Scott R. Teach Deputy County Attorney Page 15 of 16 Concessionaire Agreement #2017.011 (Ver. 1) Exhibit A Scope of Services Set forth following this page (pages 1 through 2) Page 16 of 16 Concessionaire Agreement #2017.011 (Vere The Contractor/Concessionaire is responsible for providing the following as noted below: 1. Hours of Operation: During the term of this Agreement programs and concession will be adequately staffed on days and times approved by the Parks and Recreation Director or his/her designee. Days and hours will be posted and any changes from posted hours will be communicated within seven (7) days of the change. The operation should continue throughout the year including applicable holidays. Proposers are encouraged to provide any additional operational options for consideration. 2. Concession Operation: Staff, operations, and equipment to perform the operation of the services. 3. Equipment: All equipment required to operate the Pickleball program is at the Concessionaire's expense. The Concessionaire may use County equipment, furnishings, and fixtures that are presently used in conjunction with the operations after approval by the Director of Parks and Recreation Division or his designee. Any equipment that is lost, stolen or damaged shall be replaced or repaired at the expense of the Concessionaire; ordinary wear and tear is expected. Upon the expiration of the Agreement, the Concessionaire shall deliver said inventory to the County. 4. Zoning and Permitting Requirements: The successful concessionaire is responsible for any future costs, and submittals, for any zone or permit requirements. 5. 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 Division or his designee. 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. 6. Commission: Remittance to the County of a fixed monthly concession commission of 12.5% or $450 monthly fee, whichever is more. 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. It is also understood that the applicable Florida State Sales Use Tax on rental payments shall be added to the Concessionaire's rental payment and forwarded to the County as part of said payments. After one year, the commission will be reviewed and renegotiated based on historical Point of Sale reports from the vendor. The County intends to receive the rental amount at net, free and clear of all costs and charges arising from or relating to said demised premises. 7. 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. 8. Auditing of Accounts: The Concessionaire will make available locally, books of account, financial statements, tapes, the point of sale reports or any other documentation deemed necessary to authorized representatives of Collier County. 9. Employee Qualifications: Staffing, including a manager or responsible person that can speak to the manager and make decisions overseeing the facility. Conduct of the employees of the Concessionaire shall be subject to reasonable regulation by the Director of Parks and Recreation Division or his designee. The Concessionaire shall employ people to work at this facility who are professional, literate, neat, clean, well-groomed, courteous and wear a uniform of the awarded company. 10. Point of Sale Equipment: A point-of-sale equipment 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. 11. Operational Concepts: Operational concepts in writing to the Director of Parks and Recreation Division or his designee. Concepts or changes to concepts must have the approval of the Director of Parks and Recreation or their designee before proceeding on any alteration. 12. Maintenance and Repairs: Provide regular and routine daily, monthly, and yearly maintenance of the facilities, designed to keep the premises and equipment in a good state of repair, free from hazardous conditions and deterioration, thus providing for the comfort and safety of visitors and patrons. P] 13. Security: Security measures which may be required to protect his/her area and his/her equipment, materials and facilities. 14. Trash, Rubbish, and Garbage Removal: Provide for daily pickup and removal of all rubbish, trash, and garbage including removal of trash from the concession area to the dumpster. The County will provide all garbage, trash, and rubbish receptacles within the confines of his area. 15. 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. 16. Appearance of Premises: Provide a neat and orderly operation at all times and shall be solely responsible for the necessary housekeeping on and around the park concession. Concessionaire shall make available all areas under their control for examination at any time by the Director of Parks and Recreation Division or his designee. 17. Public Use of Facilities: The attention of prospective proposers is directed to the fact that the Concessionaire shall be responsible to the Director of Parks and Recreation Division or his designee for the satisfactory and courteous operation of the program and concession. Although the County is offering the awarded concessionaire exclusive rights to current Pickleball facilities at Veterans Community Park; nothing in this Agreement shall preclude the County from using the public areas for public and civic purposes as deemed necessary. One pickleball court must be made available to the public Monday — Friday from 12:00 — 9:00 pm from November through April except when tournaments are scheduled. 18. Advertisingand Signs: Provide, at the Concessionaire's sole expense, required signs at all public approaches to the facility. All signage, advertising, and posting shall be approved in writing by the Director of Parks and Recreation Division or his designee. Parks and Recreation staff will remove unapproved signs. 19. Closure of Facilities - Loss of Equipment: If closure of the facilities or loss of equipment to some but not all of the facilities or equipment are due to fire damage, flood, hurricane, civil disorder, strikes, act of God, etc., the Concessionaire shall notify the County in writing within twenty-four (24) hours after the commencement of such event, stating the cause or causes thereof. If Concessionaire fails to provide the required notification, the Concessionaire will be deemed to have waived any right which Concessionaire may have had to request a pro -rated adjustment of monthly payments up to the time the damage is repaired, or other circumstances return to normal as agreed upon in writing by Concessionaire to the Director of Parks and Recreation Division or his designee. 20. Commencement of Operation: Open for business to the public no later than thirty (30) days after the approval of the Contract by the Board of County Commissioners or until the Contract is entirely executed whichever is first. 21. Fees: The fees shall be subject to reasonable regulation by the Director of Parks and Recreation Division or designee. [2] €