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Agenda 10/27/2020 Item #16D 8 (Waiving Contractual Obligations)10/27/2020 16.D.8 EXECUTIVE SUMMARY Recommendation to waive contractual payment obligations for the Barefoot Beach Concessionaire, Zack's Food Cart Ministry Catering Inc., from June 1 - October 9, 2020, due to the COVID-19 Pandemic. OBJECTIVE: To avoid additional financial distress on Parks and Recreation concessionaires as a result of the COVID-19 Pandemic. CONSIDERATIONS: On June 9, 2020 (Agenda Item #16D10), the Board of County Commissioners (Board) approved to waive contractual payment obligations from March 1 - May 31, 2020, for various Parks and Recreation concessionaires as a result of the COVID-19 Pandemic. On May 1, 2020, the Barefoot Beach Concessionaire Zack's Food Cart Ministry Catering Inc. (Zack's) re- opened his concession operation at that location. On June 29th, Zack's notified staff he was ceasing operations at Barefoot Beach due to the slow business on the beach because of COVID-19. Staff agreed to allow Zack's to temporarily cease operations at that time. Both parties agreed to re -visit the option of re- opening the concession sometime in the Fall. In subsequent discussions with Zack's later in the summer, the concessionaire continued to express reluctance to re -opening his operation at Barefoot Beach. Zack's and Parks staff then mutually agreed to terminate the agreement without prejudice and on September 9, 2020, The Procurement Services Division issued a Notice to Terminate the contract for convenience with an effective date of the termination of October 9, 2020. Staff recommends waiving concession payments as described in the contract under Section 3 entitled Consideration for the period of June 1 - October 9, 2020, due to the COVID-19 Pandemic as outlined in Section 16 entitled Force Majeure. FISCAL IMPACT: Pursuant to the contract Zack's owes twenty percent (20%) of the total revenue or $1,100 per month (whichever is greater). Waiving June - October concession revenue payments using the monthly minimum results in $4,719.32 loss in revenue budgeted in Fund (001), Cost Center: 156363. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan from this action. LEGAL CONSIDERATIONS: This Item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK RECOMMENDATION: To waive contractual payment obligations for the Barefoot Beach Concessionaire, Zack's Food Cart Ministry Catering Inc., from June 1 - October 9, 2020, due to the COVID-19 Pandemic. Prepared By: Matthew Catoe, Operations Analyst, Parks and Recreation Division ATTACHMENT(S) 1. (linked) 19-7559 Zack'sFoodInc._FullyExecuted (PDF) 2. (linked) 19-7559 Zack's First Amendment (PDF) 3. Notice to Terminate - Agreement 19-7559 (PDF) Packet Pg. 1226 16.D.8 10/27/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.8 Doe ID: 13782 Item Summary: Recommendation to waive contractual payment obligations for the Barefoot Beach Concessionaire, Zack's Food Cart Ministry Catering Inc., from June I - October 9, 2020, due to the COVID-19 Pandemic. Meeting Date: 10/27/2020 Prepared by: Title: Operations Analyst — Parks & Recreation Name: Matthew Catoe 10/02/2020 3:24 PM Submitted by: Title: Division Director - Parks & Recreation — Parks & Recreation Name: Barry Williams 10/02/2020 3:24 PM Approved By: Review: Procurement Services Parks & Recreation Parks & Recreation Operations & Veteran Services Procurement Services Public Services Department Public Services Department Office of Management and Budget County Attorney's Office Budget and Management Office County Manager's Office Board of County Commissioners Opal Vann Level 1 Purchasing Gatekeeper Ilonka Washburn Additional Reviewer Barry Williams Additional Reviewer Kimberley Grant Level 1 Reviewer Sandra Herrera Additional Reviewer Todd Henry Level 1 Division Reviewer Steve Carnell Level 2 Division Administrator Review Debra Windsor Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Ed Finn Additional Reviewer Nick Casalanguida Level 4 County Manager Review MaryJo Brock Meeting Pending Completed 10/02/2020 5:11 PM Completed 10/05/2020 8:46 AM Completed 10/05/2020 11:26 AM Completed 10/12/2020 9:17 AM Completed 10/12/2020 1:49 PM Completed 10/12/2020 3:31 PM Completed 10/14/2020 9:56 AM Completed 10/14/2020 10:15 AM Completed 10/14/2020 2:10 PM Completed 10/16/2020 12:56 PM Completed 10/19/2020 3:08 PM 10/27/2020 9:00 AM Packet Pg. 1227 16.D.8.c Co Ter County Administrative Services Department Procurement Services Division September 9, 2020 Zack's Food Cart Ministry Catering Inc. d/b/a Zacks Snacks 2338 Immokalee Road Naples, Florida 34110 Via Email: zryoungW(a aol.com RE: Contract # 19-7559 Barefoot Beach Concessionaire Notice to Terminate For Convenience Dear Mr. Young: This letter will serve as a 30-day Notice to Terminate for Convenience the above -referenced award, pursuant to provision 15 of the Agreement. Since this Agreement was not approved by the Board of County Commissioners, their approval is not required. The effective date of the termination is October 9, 2020. Please make any arrangement necessary with Barry Williams to remove any personal property. Should you have any questions regarding this termination notice, please contact me at (239) 252- 8407. Respectfully, Digitally signed by Sandra Sandra Herrera Herrera Date: 2020.09.09 10:40:51-04'00' Sandra Herrera Director of Procurement Services c: Steve Carnell, Department Head Barry Williams, Director of Parks and Recreation Cat Bigelow, Procurement Operations Manager Procurement Services Division • 3295 Tamiami Trail East • Naples, Florida 34112-4901 • www.colliergov.neUprocurementservices Packet Pg. 1228 BAREFOOT BEACH CONCESSIONAIRE AGREEMENT #19-7559 THIS AGREEMENT, made and entered into on this day of 44U 6 0.0- 20 , by and between Zack's Food Cart Ministry Catering Inc., authorized to do business in the State of Florida, whose business address is 2338 Immokalee Road, Naples, Florida 34110 (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three (3) year period, commencing on October 1, 2019 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(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of Request for Proposal (RFP) # 19-7559, 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. 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 of twenty (20%) or one thousand one hundred ($1,100) per month (whichever is greater). Said payments shall be tendered to the County by the fifteenth (15t") of each month for the preceding month and such payments shall be accompanied by a Statement of Gross 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 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 Page 1 of 15 Agreement #19-7559 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.mvflorida.com/dor/taxes/sales tax.html#tab1. 4. DEFAULT IN PAYMENT. 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, as identified in Exhibit A — Scope of Services, by the fifteenth (15th) day of the following preceding month that contain the following 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. 6. FINANCIAL REVIEW, RECORDS, AUDIT. 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. 7. 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. 8. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Zack's Food Cart Ministry Catering Inc. Address: 2338 Immokalee Road Naples, Florida 34110 Authorized Agent: Telephone: E-Mail: Zack R. Young, Owner (239) 692-3298 ZrVoung9@aol.com Page 2 of 15 Agreement #19-7559 00-0 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 Division Address: 15000 Livingston Road Naples, Florida 34109 Administrative Agent/PM: Steven Weisberg Telephone: (239) 252-4070 E-Mail: Steven WeisbergOcolliercountyfl.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. 9. 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. 10. 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. 11. 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. 12. MAINTENANCE AND REPAIRS. 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. 13. TRASH, RUBBISH AND GARBAGE. 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. 14. 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 Page 3 of 15 Agreement #19-7559 0 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. 15. 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. 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. 15.1. DEFAULT AND TERMINATION. If the Contractor fails to comply with any of the terms and conditions hereof and such default is not cured within seven (7) days after written notice is given to the Contractor, the County may terminate this Agreement and revoke the privilege of the Contractor to come upon the County. 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 Contractor, or if the Director of Parks and Recreation, or Designee, 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 Director of Parks and Recreation, or Designee. The Contractor shall not commence operation during such suspension until the violation has been corrected to the reasonable satisfaction of the Director of Parks and Recreation or the Designee. 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. The County shall be sole judge of non-performance. Further the County may terminate this Agreement for its convenience by giving the Contractor not less than a thirty (30) day written notice of such intent. During the notification period, both parties agree to meet its respective contractual obligations in good faith. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Contract 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 loss of anticipated fees and profits. 16. 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 Page 4 of 15 Agreement #19-7559 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. 17. 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. 18. 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. 19. 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. 20. 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. 21. 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. Page 5 of 15 Agreement #19-7559 sC�.� 22. 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. 23. 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. 24. 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). 25. HOURS OF OPERATION. During the term of this Agreement concession will be adequately staffed on days and times identified in Exhibit A of this Agreement and as approved by the Parks and Recreation Director or 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. 26. 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. Page 6 of 16 Agreement #19-7559 0 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 during such suspension period until the violation has been corrected to the satisfaction of the County. 27. 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. 28. 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. 29. 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. 30. FLORIDA LAW. This Agreement shall be governed by and construed in accordance with the Laws of the State of Florida. 31. 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. 32. 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. 33. 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. 34. 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. Page 7 of 15 Agreement #19-7559 '9A 35. 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. 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. 36. 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. 37. 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. 38. 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. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. Page 8 of 15 Agreement #19-7559 ■ C. 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. D. Employee Dishonesty: Coverage shall have minimum limits of $50,000 per claim. 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. 39. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Parks and Recreation Division. 40. 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. 41. 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, Exhibit B Fee Schedule, and RFP#19-7559, including Exhibits, Attachments and Addenda/Addendum. 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, 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 Page 9 of 15 Agreement #19-7559 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. 43. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon 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. Page 10 of 15 Agreement #19-7559 44. 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. 45. 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. 46. 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. 47. 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. 48. 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, the Contract Documents shall take precedence. 49. 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. 50. 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 11 of 15 Agreement #19-7559 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-FMOPSQcollier_ oq v net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. (Intentionally left blank -signature page to follow) Page 12 of 15 Agreement #19-7559 / N. IN WITNESS WHEREOF, the parties have executed this Amendment on the date and year first written above by an authorized person or agent. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: v Edward F. Coyman, Jr. Procurement Services Division of/ 9 I Date SignedT Appprgve� as t F rm and L ality: �O I M. Greene Assistant County Attorney CONTRACTOR: Zack's Food Cart Ministry Catering Inc. By: y(gnature6 / r� TFull Name I 0j'—' f' ' C -, — TTitleT TDate SignedT Page 13 of 15 Agreement M-7559 Exhibit A Scope of Services "Attached hereto, following this page" (pages 1 of 5) Page 14 of 15 Agreement #19-7559 #19-7559 Barefoot Beach Concessionaire Exhibit A -Scope of Services Concessionaire services for Barefoot Beach located at 5901 Bonita Beach Road, Bonita Springs, Florida 34134. The term "Concessionaire" and "Contractor" shall be used interchangeably throughout the entire agreement. This Agreement is for the comprehensive management of a concessionaire services including, but not limited to food and beverage services, rental of umbrellas, paddleboards, cabanas, beach chairs, sales of beach -related sundries, caps, shirts, jewelry, and any other like services that the Concessionaire wishes to propose. The Concessionaire is prohibited from renting sailboats or any type of motorized vessel. The concessionaire service is expected to operate year-round, but the volume of activity and sales occur during the seasonal / tourist months of November — April. The Cafe is approximately 13' x 9.5' concession area equipped with air conditioning and rollup door. The Cafd includes a covered seating area and additional 9' x 9.5' storage area. There is a small chickee but on the beach at the end of boardwalk number 1 that is available for the operation of the beach rental concession. Any improvements to an existing structure must be approved in writing by the Collier County Parks and Recreation Director or his/her designee. All structures and improvements shall become the property of Collier County at the end of the Agreement. Any improvements made for the benefit of the Concessionaire shall be paid for by the Concessionaire. The Concessionaire shall not conduct any other business on County property without specific written authority of the Board of County Commissioners. The Parks and Recreation Director or his/her authorized representative must approve the quality and type of the food products sold, prices charged for items and any other factor affecting the public interest prior to the concessions beginning operations. The Collier County Parks and Recreation Division (CCPRD) is seeking annual revenue of thirteen thousand two hundred dollars ($13,200.00) per year ($1,100 monthly payments) or twenty percent (20%) of monthly gross sales, whichever is greater, during each term of this contract. Collier County will provide: • Periodic inspections (a minimum of once a month) of the concession stand premises and equipment at the operating facilities during the contract term. • Provide utilities, including electricity, solid waste disposal, and water and sewer service. • Collier County shall be responsible for structural maintenance of the facilities unless such maintenance is required because of damage caused by the concessionaire. The Concessionaire shall adhere to the requirements as noted below: I . Hours of Operation: During the term of this Agreement the Beach Rental concession operation shall, at a minimum, be open and adequately staffed seven (7) days per week from 9:00 a.m. through 5:00 p.m. throughout the Season (November 20th through May 31 st (Memorial Day weekend)) including holidays. The Cafd/Food concession should be in operation at a minimum from 10:00 a.m. through 4 p.m. seven (7) days per week throughout season. Both Rental and Food concessions are required to be staffed the same hours as noted above Friday through Sunday from June 1 st through November 19th. Page 1 of 5 Exhibit A -Scope of Services f; ^. Concessionaire is encouraged to provide any additional operational options for consideration. All scheduled hours of operation must be approved by the Director of the Parks and Recreation Division or their designee. All hours of operation shall be conspicuously posted and easily read by park visitors. 2. Concession Operation: The concessionaire shall provide all of the services and operations, as agreed to by the County, in this RFP, and the resultant narrative provided by the Concessionaire. 3. Equipment: The Concessionaire must provide and maintain, at own expense, all equipment required to operate the Beach concession. The Concessionaire shall have the right to use County equipment, furnishings, and fixtures that may be presently used in conjunction with the operations. 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 quietly and peacefully, redeliver said inventory to the County. If pedal boats are rented, a chase boat must be present and in operational use at all times. 4. Zoning and Permitting_ Requirements: The Parks and Recreation Division, in conjunction with the County Zoning Division, has determined that the zoning at Barefoot Beach doesn't need to be changed to accommodate storage of equipment on the beach and in the parking area. The zoning is considered a compatible accessory use which allows for commercial activity at the beach location (i.e., storage of chairs on beach). The Concessionaire is responsible for any future costs, and submittals, for any zone or permit requirements including but limited to a vehicle on the beach permit. 5. Sum Payable to County (commission): The Concessionaire shall pay to the County a stated guarantee percentage of gross receipts or minimum monthly guarantee, but not both as outlined in Exhibit B- Fee Schedule. Commission payments are due to the County by the fifteenth (I5th) of each month for the preceding month and said payment shall be accompanied by a statement of gross receipts for the preceding 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. The County intends that it is to receive the rental amount as net, free and clear of all costs and charges arising from or relating to said demised premises. 6. Reports: A monthly report of activities submitted to the Parks and Recreation Division by the fifteenth (I 5th) of each month. This report can be in the form developed by the Concessionaire and approved by the Director of Parks and Recreation or his authorized representative. The report, as a minimum, shall include hours of operation, daily attendance figures, and weather conditions, etc. This report shall accompany the monthly statement of gross revenues and will be subject to audit. 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, 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 5 Exhibit A -Scope of Services • 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 which identifies: • A transaction reference number that includes the category (i.e., food, beverage, rentals, 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. 7. 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 (I5th) 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 and may cancel this Agreement. The County has no duty to notify the Concessionaire of its failure to remit any such payment or report. 8. Gross Receipts: The term "gross receipts" is understood to mean all income collected or accrued, derived by the Concessionaire under the privileges granted by his 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. 9. Auditing of Accounts: The Concessionaire shall, upon demand, make available locally, books of account and financial statements to authorized representatives of the Office of Internal Audit of Collier County. 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 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. Concessionaire 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. Page 3 of 5 Exhibit A -Scope of Services 10. Employee Qualifications: The Concessionaire shall have an experienced manager or managers overseeing the facility. Conduct of the employees of the Concessionaire shall be subject to reasonable regulation by the Director of Parks and Recreation Division. The Concessionaire shall employ people to work at this facility who are professional, literate, neat, clean, well- groomed and courteous and wear a uniform of the awarded company. 11. Point of Sale Equipment: The Concessionaire must use point -of -sale electronic cash machines or other electronic accounting control equipment for the proper control of cash payments. Cash register tapes must be maintained and made available upon demand during the entire term of the Agreement with Collier County. All electronic cash equipment and accounting procedures must be approved by the Collier County Finance Department. All sales must be accompanied by a receipt to the customer. 12. Operational Concepts: The Concessionaire must obtain written approval from the Director of Parks and Recreation or his authorized representative for any changes in operational concepts as outlined in the Proposal to RPF #19-7559. 13. Maintenance and Repairs: The Concessionaire shall to the satisfaction of the Director of Parks and Recreation or his authorized representative provide normal and routine daily, monthly, 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. Maintenance to include but is not limited to power -washing of deck where concession operation is based, cleaning of tables, chairs and trash facilities in concession area, and the cleaning and maintenance of grease traps if grease traps are a part of this operation. 14. Security: The Concessionaire shall provide any security measures which may be required to protect his/her area and his/her equipment, materials and facilities. 15. Trash Rubbish and Garbage Removal: 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 including removal of trash from the concession area to the dumpster. The Concessionaire agrees to perform daily removal of litter in the immediate exterior area within fifty (50) feet of the concession. 16. 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. 17. Appearance of Premises: The Concessionaire shall have a neat and orderly operation at all times and shall be solely responsible for the necessary housekeeping on and around the beach concession including the daily monitoring of the restroom facility. Concessionaire shall make available all areas under his control for examination at any time by the County Manager or his authorized representative. Music played by the Concessionaire, or their employees, must be approved by the Parks and Recreation project manager and must always be "family friendly" and non -secular in nature. Page 4 of 5 Exhibit A -Scope of Services 18. Public Use of Facilities: The Concessionaire shall be responsible to the Director of Parks and Recreation Division for the satisfactory and courteous operation of his concession. Nothing in this Agreement shall preclude the County from using the public areas for public and/or civic purposes as deemed necessary. 19. Advertising and Signs: The Concessionaire shall provide, at his sole expense, required signs at all public approaches to the facility. All signage, advertising and posting shall be approved by the Director of Parks and Recreation or his authorized representative. Unapproved signs will be removed by Parks and Recreation staff. 20. 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 due to fire damage, flood, hurricane, civil disorder, strikes, act of God, etc., the County will allow pro-rata adjustment of monthly payments ups to the time the damage is repaired or other circumstances return to normal. 21. Commencement of Operation: The Concessionaire shall be open for business to the public no later than thirty (30) days after the approval of the Contract by the Board of County Commissioners. 22. Licenses and Certifications: Concessionaire shall maintain all required licenses and/or certifications to conduct business throughout the contract. • Food Manager Certification • State of Florida Department of Business and Professional Regulation Food Service License (this license is per location and will need to have a transfer of "ownership") • State of Florida Department Division of Corporations Registration • Resale Certification • Safe Serve certified (certification form needs to be provided for all employees) • Collier County Health Permit • Florida State Food Service License (per business) Page 5 of 5 Exhibit A -Scope of Services Exhibit B Fee Schedule "Attached hereto, following this page" Page 15 of 15 Agreement #19-7559 _yf' #19-7559 Barefoot Beach Concessionaire Exhibit B-FEE SCHEDULE Sum Payable to Count (commission): The Concessionaire shall pay to the County a stated guarantee percentage of gross receipts or minimum monthly guarantee, whichever is greater. 20% percent of gross receipts Or One Thousand One Hundred Dollars ($1,100) per month. Page I of I Exhibit B-Fee Schedule DocuSign Envelope ID: 49A3DA86-88C6-4553-888D-FF2347E5114E FIRST AMENDMENT TO AGREEMENT #19-7559 FOR BAREFOOT BEACH CONCESSIONAIRE THIS AMENDMENT, made and entered into on this 3/10/2020 (date), by and between Zack's Food Cart Ministry Catering, Inc., (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WHEREAS, on August 13, 2019, the County entered into Agreement # 19-7559 with Contractor for concessionaire services at Barefoot Beach located at 5901 Bonita Beach Road, Bonita Springs, Florida 34134; and WHEREAS, the Contractor is to provide services and operations as outlined in Request for Proposal #19-7559, which prohibits the sale of alcohol/tobacco; and WHEREAS, the Parties desire to amend the Agreement to allow the sale of alcohol to beach visitors allowing for increased sales by the Contractor subject first: (1) to compliance with Collier County Resolution No. 18-84, (2) the issuance of a permit in writing by the Director of Parks and Recreation that is in strict compliance with the Board's approved Parks and Recreation Department Policies and Procedures, and (3) following a positive recommendation from the Parks and Recreation Advisory Board. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the parties as follows: 1. The above Whereas clauses are restated and incorporated herein as set forth above. 2. Effective upon the issuance of a permit in writing by the Director of Parks and Recreation that is issued in strict compliance with Collier County Resolution No. 18-84 and the Board's approved Parks and Recreation Department Policies and Procedures, and following a positive recommendation from the Parks and Recreation Advisory Board in support of the sale of alcoholic beverages at Barefoot Beach, and the execution of this First Amendment, the Contractor is permitted to sell alcoholic beverages under this Agreement strictly as permitted under the permit issued, the Board's Resolution and its approved Parks and Recreation Policies and Procedures. 3. Except as modified through this Amendment, all other terms and conditions shall remain the same. [SIGNATURE PAGE TO FOLLOW] * * * * * *Remainder of page intentionally left blank* * * * * * Page] of 2Ai) First Amendment to Agreement # 19-7559 DocuSign Envelope ID: 49A3DA86-88C6-4553-888D-FF2347E5114E IN WITNESS WHEREOF, the parties have executed this First Amendment on the date and year first written above by an authorized person or agent. BOARD OF COUNTY COMMISSIONERS CONTRACTOR: COLLIER COUNTY, FLORIDA ZACK'S FOOD CART MINISTRY Docusigned by: Y. H S 3ECCC8279B554F5... ' Sandra Herrera Procurement Services Division 3/10/2020 TDate SignedT A p dos 9to Form and Legality: S�ov� �. Gaya Deputy County Attorney Scott R. Teach Print Name CATERING, INC. Doc�ned by: By: Signature Mr. Young TFull NameT Owner TTitleT 3/10/2020 TDate SignedT Page 2 of 2 First Amendment to Agreement 9 19-7559 F1