Agenda 10/27/2009 Item #16D14Agenda Item No. 16D14
October 27, 2009
Page 1 of 14
EXECUTIVE SUMMARY
Recommend approval of the award of RFP 09-5247 and agreement between
Collier County and Recreation Facilities of America, Inc., for Food & Beach
Concessions at Tigertail Beach.
Obiective: To continue to provide food and beverage concession service and
beach rental equipment to the patrons of Tigertail Beach.
Considerations: The Parks and Recreation Department, with the approval of the
County Manager, submitted a Request for Proposal (RFP) to operate a beach
rental and food concession at Tigertail Beach in Marco Island, Florida. This
agreement is a five (5) year contract with a five (5) year renewal. The contract
will take effect with the e approval of the award on the date of the Board of County
Commissioners' meeting.
Inquiries were sent to thirty-two (32) vendors on June 1st, 2009, sixteen (16)
vendors requested full packages; one (1) proposal was received from Recreation
Facilities of America, Inc. ("RFA"). A Selection committee reviewed the proposal
and recommended the award to Recreation Facilities of America, Inc. Staff has
negotiated and reached an agreement with RFA. The contract will allow RFA to
sell alcoholic beverages at the food concession area of the park as amended by
Ordinance No. 2007-66 dated October 23, 2007, to Collier County Code of Laws
and Ordinances, Section 98-58 entitled Prohibited Acts.
Fiscal Impact: Monies are appropriated in the Parks and Recreation, Beach and
Water General Fund (001) for concession revenues. The remittance to the
County under the amended agreement will be $500 minimum or 12% of gross
sale, whichever is greater, each month.
County Attorney Considerations: This item has been reviewed and approved
by the County Attorney's Office and is legally sufficient for Board action. - CMG
Growth Management: There is no impact to the Growth Management Plan
associated with this action.
Recommendation: That the Board of County Commissioners award RFP #09-
5247 and the contract to Recreation Facilities of America, Inc., and authorize the
Chairman to sign a standard contract after County Attorney approval.
Prepared by: Murdo Smith, Region 1 Manager Parks and Recreation
Page 1 of 1
Agenda Item No. 16D14
October 27, 2009
Page 2 of 14
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16D14
Item Summary: Recommend approval of the award of RFP 09 -5247 and agreement between Collier County
and Recreation Facilities of America, Inc., for Food & Beach Concessions at Tigertail Beach.
Meeting Date: 10127/2009 9:00:00 AM
Approved By
Kathy Carpenter
Executive Secretary
Date
Public Services
Public Services Admin.
10/9/2009 2:54 PM
Approved By
Colleen Greene
Assistant County Attorner
Date
County Attorney
County Attorney Office
10/12/2009 2:19 PM '
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
10113/2009 2:46 PM
Approved By
Kelsey Ward
Contract Administration Manager
Date
Administrative Services
Purchasing
10/14/2009 5:04 PM
Approved By
Steve Carnell
Purchasing /General Svcs Director
Date
Administrative Services
Purchasing
10/15/2009 7:12 AM
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
10/15/2009 11:01 AM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
10/16/2009 11:07 AM
Approved By
Jeff Klatzkow
County Attorney
Date
County Attorney
County Attorney Office
10/1612009 4:09 PM
Approved By
John A. Yonkosky
Director of the Office of Management
Date
County Manager's Office
Office of Management & Budget
10/16/2009 4:20 PM
fi1e:HCAAgendaTest \Export \137- October 27, 2009 \16. CONSENT AGENDA \16D. PUBLI... 10/21/2009
Agenda Item No. 16D14
October 27, 2009
Page 3 of 14
Contract # 09 -5247
TIGERTAIL BEACH WATER AND BEACH CONCESSION AGREEMENT
THIS AGREEMENT made effective this day of , 20 ,
between Collier County, a political subdivision of the State of Florida (hereinafter called the
"County ") and Recreational Facilities of America, Inc., a Florida Corporation with offices at
2012 Sheffield Avenue, Marco Island, Florida 34145 (hereinafter called "Concessionaire ").
SCOPE. The County hereby grants to the Concessionaire, and the Concessionaire
hereby accepts from the County, the exclusive right to operate the following described
concession at Tigertail Beach, 490 Hernando Drive, Marco Island, Florida, in
conformance with the purposes and for the periods stated herein and subject to all terms
and conditions hereinafter set forth.
A. TERM. This Agreement shall be for a term of five (5) years, commencing on
award by the Board of County Commissioners, and shall be renewable upon
satisfactory performance by the Concessionaire, for an additional five (5) year
period, under the same terms and conditions, subject to the subsequent approval
of the Board of County Commissioners. In no event, including renewal option,
shall the contract exceed ten (10) years.
B. FACILITIES. The County shall provide to the Concessionaire the use of the
following facilities and space:
All that part of Section 07, Township 52 South, Range 26, Collier County, Florida
known as Tigertail Beach; Marco Bch Unit 14, TR A, PAR 1.
The Concessionaire shall have use of the beachfront, in accordance with the
limitations of paragraph 1 [c) below. There is a Chickee but available on site for
the operation of the concession.
Any improvements made for the benefit of the Concessionaire shall be paid for by
the Concessionaire.
C. USES. The Concessionaire is authorized to conduct the following types of
business and to provide the following services, and only such business and
services, at the location as set forth below-
1 . Sale and /or Rental of Related Beach Items and Sundries. Shall include but
not be limited to: umbrellas, beach chairs, etc. and the sale of incidental beach
recreational items such as sun tan lotions, sunglasses and any other lawful
activity approved in writing by the Director of the Parks and Recreation
Department or their designee.
Agenda Item No. 16D14
October 27, 2009
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Concessionaire shall provide a list of the items to be rented at the concession
to the Parks and Recreation Director or their designee, which shall be updated
monthly with any changes. The Concessionaire shall additionally provide a
price list in writing for approval by the Parks and Recreation Director or his/her
designee.
If pedal boats and similar equipment are rented, a chase boat must be present
and in operational use at all times.
2. Food and/or Liquor Sale. The Concessionaire shall set up the concession for
the sale of food and beverages. The concessionaire will have the ability to
serve alcoholic beverages with the appropriate licenses and permits with
written approval by the Director and only at the food concession building.
The sale of food and beverages and any other related lawful activity shall be
approved in writing by the Contract Manager. The Contract Officer may
authorize the Concessionaire to expand the services, provided such
authorization is in writing.
Concessionaire shall provide a proper liquor license before any sale will be
allowed, and only with written consent of the Director will such liquor be sold.
2. NOTICES. All notices from the County to the Concessionaire shall be deemed duly
served if mailed by registered or certified mail to the Concessionaire at the following
address:
Recreational Facilities of America, Inc.
P.O. Box 2111
Marco Island, Florida 34146 -2111
Phone: 239 -285 -8414; Fax: 239 -389 -2330
E -mail: asmith2330 @comcast.net
Attention: Anthony Smith, President
All notices from the Concessionaire to the County shall be deemed served if mailed,
faxed, or e- mailed to the County at the following address:
Collier County Parks and Recreation Department
15000 Livingston Rd., Naples, Florida 34109
Fax: 239 - 252 -6536
E -mail: MurdoSmith @colliergov.net
Attention: Region #1 Manager
3. NOT A LEASE. No part, parcel, building, structure, equipment or space is leased to
the Concessionaire; that the corporation is a Concessionaire and not a lessee; that
Concessionaire's right to operate the concession shall continue only so long as the
concession operation complies with the undertakings, provisions, agreements,
stipulations and conditions of this Agreement.
2
4. NO PARTNERSHIP OR AGENCY. Nothing
construed as creating a partnership between
Concessionaire is not an agent of the County.
Agenda Item No. 16D14
October 27, 2009
Page 5 of 14
herein contained shall create or be
the County and the Concessionaire
5. ASSIGNMENT. The Concessionaire may not assign this Agreement, or any part hereof,
without prior written approval of the Board of County Commissioners. Any attempt to
assign without such approval shall be void. Concessionaire agrees that without the prior
written consent of the Board of County Commissioners, no shareholder shall sell, assign,
transfer or convey his /her stock (except by operation of law), nor shall the corporation
issue any additional shares of stock, if any such transfer or issuance will effectively
change the ownership of the corporation. However, the shareholders have the right to
convey between themselves and their spouses and children without the County's
consent.
6. MAINTENANCE AND REPAIRS The Concessionaire shall, to the satisfaction of the
Director of Parks and Recreation or his /her authorized representative provide normal
and routine daily, monthly, and yearly maintenance of the facilities, designed to keep the
premises and equipment in a good state of repair, free from hazardous conditions and
deterioration, thus providing for the comfort and safety of visitors and patrons.
7. TRASH, RUBBISH AND GARBAGE. The County will provide all garbage, trash and
rubbish receptacles within the confines of his area. The Concessionaire shall be
responsible for the pickup and removal of all rubbish, trash and garbage from the
concession area to the trash receptacles. The Concessionaire agrees to perform daily
removal of litter in the immediate exterior area within fifty (50) feet of the concession.
8. UTILITIES.The County shall pay for charges of utilities to the designated premises
including, but not limited to, charges for water, sewer, and electricity during the term of
this Agreement. Any utilities that are for the benefit of the Concessionaire shall be paid
by the Concessionaire (i.e. Telephone).
9. SECURITY. The Concessionaire must provide at its expense any security measures to
protect its area, equipment and materials. Such security measures may not violate any
other restriction(s) of this Agreement.
10. PERMITS, LICENSES, TAXES. The Concessionaire shall obtain and pay for all permits
and licenses necessary for the conducting of business and shall comply with all laws
governing the responsibility of an employer with respect to persons employed by the
Concessionaire. Appropriate licenses and permits shall include but not be limited to
compliance with Health Department requirements. This shall include HRS Screening for
the Concessionaire and its employees. The Concessionaire shall also be solely
responsible for payment of any and all taxes levied on the concession operation or any
other taxable activity on the premises. In addition, the Concessionaire shall comply with
all existing and future applicable rules, regulations and laws of Collier County, the State
of Florida, or the U.S. Government.
11. CONSIDERATION. The Concessionaire shall remit to the County, as consideration for
this Agreement, a percentage of the total gross revenue (adjusted for items returned) of
the Concessionaire's business, including the sale of sundry concession operation as
follows: Five Hundred Dollars ($500) per month minimum or twelve percent (12 %) of
Agenda Item No. 16D14
October 27, 2009
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gross total concession sales (all sales less sales tax), whichever is greater. atc
payments shall be tendered to the County by the fifteenth (15th) of each month for the
preceding month and such payments shall be accompanied by a statement of gross
receipts for the preceding month. It is also understood that the applicable Florida States
Sales Tax on payments to the County shall be added to the payment.
The County is to receive its revenue payment as net, free and clear of all costs and
charges arising from, or related to Concessionaire's obligations under this Agreement,
and that the guarantee or the percentage of total gross revenues be paid monthly. The
term "gross revenue" or "gross receipts" means all income collected, accrued or derived
by the Concessionaire under the privileges granted by this Agreement or other document
entered into with the County, excluding amounts of any Federal, State or other tax
collected by the Concessionaire from customers and required by law to be remitted to
the taxing authority. The Concessionaire shall provide the Contract Manager a
Statement of Gross Receipts.
Such statement shall be certified as true, accurate and complete by the Concessionaire
and by an independent Certified Public Accountant. The Concessionaire agrees to use
point -of -sale machines or other accounting control equipment for the proper control of
cash and payment. All financial records are to be maintained during the entire term of
this Agreement and for a period of three (3) years following the termination of this
Agreement. The Concessionaire shall provide a copy of its State Sales and Use Tax
Report for the same accounting period as required for the Statement of Gross Receipts.
12. DEFAULT IN PAYMENT. A monthly report of gross receipts, the payments computed on
that amount, and any other taxes and fees due must be submitted to the County through
the Director of Parks and Recreation, to be received by the fifteenth (15th ) of each
month. In the event the Concessionaire fails to pay this consideration within five (5) days
of such due date, there shall be a late charge of Fifty Dollars ($50.00) for each such late
payment, in addition to interest at the highest rate allowable by law. If the payment of
consideration and accumulated daily penalties are not received within thirty (30) days
after the normal monthly due date, then the County may take possession of the
Concessionaire's assets on County property, may cancel this Agreement, and may begin
procedures to collect the Performance Bond. A monthly report of activities shall be
submitted to the Director of Parks and Recreation by the fifteenth (15th) of each month.
This report shall accompany the monthly statement of gross revenues and will be subject
to audit. The County has no duty to notify the Concessionaire of its failure to remit any
such payment or report.
13. FORCE MAJEURE. If closure of the facilities or loss of equipment is due to
unforeseeable causes beyond the control of Concessionaire, and not due to its own fault
or neglect, including but not restricted to, acts of nature or of public enemy, acts of
government or of the County, fires, floods, epidemics, quarantine regulations, strikes or
lock -outs, the County will allow pro rata adjustment of monthly payments up to the time
such damage is repaired.
14. CONCESSIONAIRE NOT TO REMOVE PROPERTY. Concessionaire shall not remove
from the Tigertail Beach Concession any personal property brought thereon or any
replacements thereto by the Concessionaire for the purpose of this Agreement, except
such items as may be removed with the express written permission of the Director of
Parks and Recreation. Upon expiration of the term specified in Paragraph 1 -A, if the
Agenda Item No. 16D14
October 27, 2009
Page 7 of 14
Concessionaire has made full payment under this Agreement, and has fully complied
with the terms of this Agreement, he may remove his personal property including
equipment from Tigertail Beach and shall do so within fifteen (15) days following the
expiration of this Agreement, provided such personal property and equipment must be
removed without damage to the premises. On Concessionaire's failure to do so, the
County may cause same to be removed and stored at the cost and expense of the
Concessionaire, and the County shall have a continuing lien thereon in the amount of the
cost and expense of such removal and storage until paid, and County may sell such
personal property and reimburse itself for such costs and expense, plus all expenses of
the sale.
15. RECORDS, AUDIT. Concessionaire shall establish and maintain such records as now
exist and may hereafter be prescribed by the County in the future to provide evidence
that all terms of this Agreement have been and are being observed. The Concessionaire
grants to the County the right and authority to audit all records, documents, and books
pertaining to the concession operation. Such audit will be conducted at locations and at
a frequency determined by the County and communicated to the Concessionaire. The
Concessionaire agrees to provide materials for the audit at the place designated by the
County within three (3) business days after the County's notice to do so is received by
Concessionaire, all at no cost to the County.
Concessionaire shall use electronic point -of -sale cash control equipment for the proper
control of cash payments. Cash register tapes must be maintained and made available
to the County upon demand during the entire term of Agreement. All electronic cash
control equipment and accounting procedures shall be with the approval of the Collier
County Finance Department.
16. COOPERATION. The Concessionaire agrees to cooperate with the County in the
conduct of surveys and to provide reports of visitor usage of all concession services.
The County shall provide Concessionaire with advance notice of any special event and
shall coordinate with the Concessionaire regarding same. County shall provide
Concessionaire with notice of the availability of plans for any remodeling of the facilities.
17. INSPECTION. The concession facilities and premises may be inspected at any time by
a authorized representatives of the Director of Parks and Recreation or designee, or by
any other agency having responsibility for inspections of such operations.
Concessionaire shall undertake immediately the correction of any deficiency cited by
such inspectors.
18. WAIVER OF INTERFERENCE. The Concessionaire hereby waives all claims for
compensation for loss or damage sustained by reason of any interference with the
concession operation by any public agency or official in enforcing their duties or any laws
or ordinances. Any such interference shall not relieve the Concessionaire from any
obligation hereunder.
19. WAIVER OF LOSS FROM HAZARD. The Concessionaire hereby expressly waives all
rights, claims, and demands and forever releases and discharges the County from all
demands, claims, actions and causes of action arising from this Agreement, except
intentional torts.
Agenda Item No. 16D14
October 27, 2009
Page 8 of 14
20. NO LIENS. Concessionaire will not suffer or through its actions or by anyone under its
control or supervision, cause to be filed upon the property any lien or encumbrance of
any kind. In the event any lien is filed, Concessionaire shall cause such lien to be
discharged within ten (10) days after written notice to do so from the County.
21. ORDERLY OPERATIONS, ETC. The Concessionaire shall have a neat and orderly
operation at all times and shall be solely responsible for necessary housekeeping
services to properly maintain the premises. There shall be no living quarters, nor shall
anyone be permitted to live on the premises.
22. EMPLOYEES: MANAGER The Concessionaire shall employ people to work at this
facility who are neat, clean, well - groomed and courteous. All employees shall observe all
the graces of personal grooming. Subject to the American with Disabilities Act,
Concessionaire shall supply competent employees, who are physically capable of
performing their employment duties and the County may require the Concessionaire to
remove an employee it deems careless, incompetent, insubordinate or otherwise
objectionable and whose continued employment on Collier County property is not in the
best interest of the County. All Concessionaire employees shall wear shirts and shorts
with the Concessionaire's logo or other identifying marking. The Concessionaire shall
have an experienced manager overseeing the concession operations at all times when
open for business.
23. HOURS OF OPERATION. The concession shall be open and properly staffed seven (7)
days per week. The hours of operation shall be from at least 9:00 a.m. through 5:00
p.m., including holidays. The Concessionaire may open at an earlier time and close at a
later time subject to prior written approval of the Director of Parks and Recreation
Department. All hours of operation shall be conspicuously posted and easily read by
park visitors.
24. USE OF THE FACILITIES IS PRIMARY. Tigertail Beach is for the use of the public for
recreational and other public purposes and the publics right to such use shall not be
infringed upon by any activity of the Concessionaire. However, this does not preclude the
Concessionaire from scheduling promotional events, which might temporarily limit access
to the event site, subject to the prior written approval for each event, on a case -by -case
basis, by the Director of Parks and Recreation or their designee.
25. NO IMPROPER USE. The Concessionaire will not use, nor suffer or permit any person
to use in any manner whatsoever, the concession facilities for any improper, immoral or
offensive purpose, nor for any purpose in violation of any federal, state, or County law,
ordinance, rule, order or regulation, or of any applicable governmental rule or regulation
now in effect or hereafter enacted or adopted.
In the event of any violation of this Agreement by the Concessionaire, or if the County or
its authorized representative shall deem any conduct on the part of the Concessionaire
to be objectionable or improper, as noted on the Concession Inspection Report, the
County shall have the right to suspend the operation of the concession should the
Concessionaire fail to promptly correct any such violation, conduct, or practice to the
satisfaction of the County. The Concessionaire shall not commence operation during
such suspension until the violation has been corrected to the reasonable satisfaction of
the County.
Agenda Item No. 16D14
October 27, 2009
Page 9 of 14
26. PRICES. The Concessionaire agrees that prices and fees charged for concession
merchandise and services will be competitive with those charged for similar merchandise
and service in the general vicinity of the park. All prices must be displayed and visible by
the Concessionaire' s customers. All such prices and fees must be approved in writing
by the Director of Parks and Recreation or designee. The Concessionaire shall rent or
sell only those items approved in writing by the County.
27. NO DANGEROUS MATERIALS. The Concessionaire shall not use or permit in the
facilities the storage of illuminating oils, oil lamps, turpentine, benzine, naphtha, or other
similar substances, or explosives of any kind, or any substance or articles prohibited in
the standard policies of fire insurance companies doing business in the State of Florida.
28. DEFAULT AND TERMINATION. If the Concessionaire fails to comply with any of the
terms and conditions hereof and such default is not cured within fifteen (15) days after
written notice is given to the Concessionaire, the County may cancel this Agreement and
revoke the privilege of the Concessionaire to come upon the County's property for
purposes for which the concession was granted and may oust and remove all parties
who may be present, or may occupy any part of the premises for the purpose of
exercising any rights so revoked.
In the event of any violation of this Agreement by the Concessionaire, or if the Contract
Manager shall deem any conduct on the part of the Concessionaire to be objectionable
or improper, as noted on the Concession Inspection Report, the County shall have the
right to suspend the operation of the concession should the Concessionaire fail to
promptly correct any such violation, conduct, or practice to the satisfaction of the
Contract Manager. The Concessionaire shall not commence operation during such
suspension until the violation has been corrected to the reasonable satisfaction of the
Director or Contract Manager,
29. NO DISCRIMINATION. There shall be no discrimination as to race, gender, color, creed
or national origin in the operations referred to by this Concession Agreement; and further,
there shall be no discrimination regarding any use, service, maintenance, or operation of
the premises. All facilities located on the premises shall be made available to the public,
subject to the right of the Concessionaire to establish and enforce rules and regulations
to provide for the safety, orderly operation and security of the facilities.
30. TERMINATION. The Agreement may be terminated by the County immediately due to
any material breach of this Agreement, including, but not limited to, failure of the
Concessionaire to maintain the approved hours of operation or failure of the
Concessionaire to provide a receipt to each customer for every transaction. The County
shall be sole judge of non - performance. Further the County may terminate this
Agreement for its convenience by giving the Concessionaire not less than a sixty (60)
day written notice of such intent. During the notification period, both parties agree to
meet its respective contractual obligations in good faith.
31. COUNTY CONTROL OF TIGERTAIL BEACH CONCESSION. Nothing in this
Agreement will preclude the County from using the public areas of Tigertail Beach for
public and/or civic purposes. In the event of occurrences previously mentioned, the
Concessionaire will be notified, as deemed necessary by the Director of Parks and
Recreation or their designee.
Agenda Item No. 16D14
October 27, 2009
Page 10 of 14
32. FLORIDA LAW. This Agreement shall be governed by and construed in accordance with
the Law of the State of Florida.
33. VEHICLES IN PARK. Vehicles are allowed in the areas only where roadways are
provided. Vehicles shall park only in areas designated by the County and the City of
Marco Island for vehicle parking. Any vehicles that are to be used on the beach must
have prior written approval of the Collier County Environmental Services Department and
the Parks and Recreation Director or their designee and any other appropriate agency.
34. STORAGE. Concessionaire shall obtain approval for any storage of equipment on the
beach from the appropriate permitting agencies. No overnight storage of any kind shall
take place on the beach unless approved in writing by the Parks and Recreation Director
or their designee, and is contingent upon approval of the appropriate permitting agency.
35. STORM WARNING. Upon declaration of a hurricane projecting an imminate strike, or
the implementation of evacuation procedures from Collier County, Concessionaire shall
meet with the Parks and Recreation Director or their designee for the formulation of
plans for the removal of all perishable goods and to ensure the concession site has
been properly secured for hurricane approach.
36. CONTAINERS. The sale of items in glass containers is not permitted. The use of straws
is also prohibited. The County has a recycle program in place and the Concessionaire
will make every effort to comply with that program with respect to the disposal of
containers.
37. SIGNAGE. The Concessionaire shall provide, at his sole expense, required signs at all
public approaches to the Concession. All signage, advertising and posting shall be as
approved by the Director of the Parks and Recreation Department. Signs that will be
used for advertising purposes shall be constructed and maintained to County standards
as defined by the Code Compliance Department. The use of the Collier County Logo is
prohibited.
38. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Concessionaire
shall indemnify and hold harmless Collier County, its officers and employees from any and
all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'
fees and paralegals' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Concessionaire or anyone employed or utilized by the
Concessionaire in the performance of this Agreement. This indemnification obligation
shall not be construed to negate, abridge or reduce any other rights or remedies which
otherwise may be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
39. INSURANCE. Before commencing work of any kind, the Concessionaire shall procure
the following insurance with insurance companies licensed in the State of Florida, and
provide Certificates of Insurance to be attached to this Agreement.
Agenda Item No. 16D14
October 27, 2009
A. Commercial General Liability Coverage shall have minimum limits eofl of 14
$1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and
Property Damage Liability. This shall include Premises and Operations;
Independent contractors; Products and Completed Operations and Contractual
Liability.
B. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with all their applicable state and federal laws.
C. Liquor Liability Insurance: Coverage shall have a minimum limit of $1,000,000
Per Occurrence, coverage could be provided by separate policy or endorsed under
the Commercial General Liability Policy.
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability Policy.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Concessionaire during the duration of this Agreement. Renewal
certificates shall be sent to the County at least thirty (30) days prior to any expiration
date. There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any required insurance coverage.
Concessionaire shall insure that all of its subcontractors comply with the same insurance
requirements that Concessionaire is required to meet.
40. THIS AGREEMENT shall be administered on behalf of the County by the Parks and
Recreation Department. As used herein, the word "County" shall refer to the Director
of Parks and Recreation or their designee unless the context renders such
construction illogical.
41. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: All Insurance Certificate(s); RFP No. 09 -5247, and proposer's proposal. In
the event that any Terms and Conditions of the Request for Proposal are perceived
or found to be in conflict with this Agreement, the Agreement shall take precedence.
42. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from
contact with County staff for a specified period of time; b. Prohibition by the individual
and /or firm from doing business with the County for a specified period of time, including
but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of
any contract held by the individual and /or firm for cause.
43. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully
responsible for complying with the provisions of the Immigration Reform and Control Act
of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either
Agenda Item No. 16D14
October 27, 2009
Page 12 of 14
may be amended. Failure by the Contractor to comply with the laws referenced herein
shall constitute a breach of this agreement and the County shall have the discretion to
unilaterally terminate this agreement immediately.
44. VENUE: Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
45. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County
encourages and agrees to the successful Contractor extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful Contractor.
45. ADDITIONAL ITEMS /SERVICES: Additional items and /or services may be added to this
contract upon satisfactory negotiation of price by the Contract Manager and Contractor.
10
October 27, 2009
Page 13 of 14
IN WITNESS WHEREOF, the Conoessionaire and the County, have each, respectively, by
an authorized person or agent, hereunder set their hands and seals on the date and year first
above written.
Dated:
ATTEST:
DWIGHT E. BROCK, CLERK OF COURTS
By:
Deputy Cleric
a7j�lj 2a G
F' t Witness
Im 5 . IAgra�"o
Typed/print witness name
econd Witham
Mu
Typed/print witness name
Approved as to form and
egal sufficiency:
&o-u-n—iy Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
DONNA FW A CHAIRMAN
By:' 11 1 -L_
Si ature of Presiden
A►'rM8f4y j� Mf'
Printed nE me of President
I
Agenda Item No. 16D14
OP ID Mj
CERTIFICATE OF LIABILITY INSURANCE RFAINCl
r (III
1 10/13/09
AC090
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 TrIE TERMS EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
THIS CERTIFICATE IS tSSUED AS A MATTER OF INFORMATION
_ . _.. ...... ..... __-, . ... ... _._ _.._ -_,. "POTCY EFFECTIVE 'POTICV(E iRAMON
I *�NDSpRTD''� TYPE OF INSURANCE - POLICY NUMBER ` DATE (MMMOfYY ! DATE MMIDOh'Y 1 LIMITS
PRODUCER
EACH OCCURRENCE $ 1000000
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
_
, "DATJ(AiE'TC RENTETi'.
s50000 -�
A X X COMMERCIAL y
CLAIMS MADE ! X � OCCUR
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Logan insurance Agency, Inc-
PERSONAL YADVINJURY j S 1000000
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
3801 North 9th Avenue
j T APPLES PER
IMI
GEN'L AGGREGATE LIMIT I
PRODUCTS COMPrpP A3G $ INCLUDED
_
. ..___ ..... _.— � ..................
Pensacola FL 32503
Phone:850- 438 -1449 Fax:850 -438 -0085
INSURERS AFFORDING COVERAGE _ ;NAICy *� _
INSJRERA Essex Insurance Coany_
AUTOMOBILE LIASIUTY !
+ NSURER B
Recreational Facilities Of Am.
Inc, dba TiJertail Bch Rentals
IN'SURERC
NSURER D
P 0 Box 2111
Marco Isl. FL 34146
_..__.._
I
j ALL OWNED AUTOS
IN5URER E.
Cvvtwa+;ts
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POI ICY 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 TrIE TERMS EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
_ . _.. ...... ..... __-, . ... ... _._ _.._ -_,. "POTCY EFFECTIVE 'POTICV(E iRAMON
I *�NDSpRTD''� TYPE OF INSURANCE - POLICY NUMBER ` DATE (MMMOfYY ! DATE MMIDOh'Y 1 LIMITS
1
EACH OCCURRENCE $ 1000000
GENERAL LLIBtI itt
_..._.. � `
I
': GENERAL LIABILITY 3DC2510 10/01/09 10/01/10
_
, "DATJ(AiE'TC RENTETi'.
s50000 -�
A X X COMMERCIAL y
CLAIMS MADE ! X � OCCUR
...PREMISE51ErroccAiranoel _- Ti,
MEO EXP ,Any one Penonl s i 10 00
PERSONAL YADVINJURY j S 1000000
OF AGGREGATE $1000000
j T APPLES PER
IMI
GEN'L AGGREGATE LIMIT I
PRODUCTS COMPrpP A3G $ INCLUDED
_
. ..___ ..... _.— � ..................
POLICY JECT LOC `,
I
`.
AUTOMOBILE LIASIUTY !
COMBINED SINGLE LIMIT i
Ea nccMlentj
ANY AUTO
j ALL OWNED AUTOS
BODILY INJURY i
(Pm��}
SCHEDULED AUTOS
HIRED AUTOS
BODILY INJURY
s NON -OWNED AUTOS
I
PROPERTY DAMAGE i
_....,..__ _ -, _........ ..... _..
iPm acclaer:U
I GARAGE LIABILITY
AUTO ONLY EAACCIDENT 5
; ANY AUTO !
OTHER I RAN ,E%` ACC i
f1
I —^y
AUTO ONLY AGG ; S
ESSIl7MBRELLALJABB.ITY �
EACH OCCURRENCE i
._ I
OCCUR j CLAIMS MADE ?
AGGREGATE i
s
DEDUCTIBLE
i
RETENTION S
Y
WORKERS COMPENSATION AND
j EMPLOYERS LIABILITY
E t EACH ACCIDENT S
ANY PROPRIETORIPARTNE VEXECUTIVE ;
OFFICERAIIEMBER EXCLUDED ;.
L_ ........... .. .__.....___ ... __.F.. ............._.._._...
E L DISEASE EA EMPLOYEE{ i
N yes describe uld�r
E L DISEASE - POLICY LIMIT 7 S
SPECIAL PROVISIONS below
OTHER I
DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT + SPECIAL PROVISIONS
Beach Chairs, Umbrellas, Boat Rentals, Concession Stand, 1 ATV
coverage increased to 1 mil eff. 10 -12 -09
1- 0=92TIFIrATT- Mfll_nFR CANCELLATION
COLLIER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN
Collier County Board of County NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Commissioners IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR
3301 E. Tamiami Trail
Naples FL 34112 REPRESENTATIVES. ORIZ D REPRESENTATIVE AUTHORIZED REPRESENTATIVE _ y �
ACORD 25 (2001108) 0ACORD CORPORATION 1988