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Item S3 C °1 gla BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor David Rice, District 4 The Florida Keys Mayor Pro Tem Sylvia J. Murphy, District 5 =4-1W Y L. Kolha g Dann a � District 1 ~�- George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting October 17, 2018 Agendalte ber: - S:3 3 Agenda Item Summary #4831 kl)D ON DAY OF MEETING: BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Kevin Wilson (305) 292 -4441 N/A AGENDA ITEM WORDING: Approval to award bid and enter into a one year Lease Agreement with Tropical Watersports, LLC, for a mobile retail merchandise or service concession at Higgs Beach. ITEM BACKGROUND: On February 21, 2018, the BOCC granted approval to advertise an RFP for Higgs Beach Concessions. Tropical Watersports, LLC was the only respondent. There was a ranking committee composed of three peopled met at a Public Meeting on October 1, 2018. The recommendation of the Ranking Committee was unanimous to recommend Tropical Watersports, LLC. upon successful negotiations. Negotiations include associated financial documentation requirements, staffing, concierge services, rental amounts and the guaranteed minimum as a percentage or flat fee structure. Tropical Watersports, LLC proposed to pay $500 per month as rental in addition to 7.5% of its monthly gross taxable sales. They also proposed to pay a guaranteed minimum annual fee of 10.125% of the annual gross taxable sales. In the event the combined annual monthly $500 rent plus the total of the monthly 7.5% gross taxable sales is not greater, then the Lessee would pay the 10.125% annual gross taxable sales fee difference. This initial Lease Agreement is for one (1) year to allow the parties to reassess the terms at that time and if an agreement can be reached, Lessee will have the option to renew for five (5) additional one (1) year terms. The proposed rates will result in a significant reduction in revenues from the concession PREVIOUS RELEVANT BOCC ACTION: February 21, 2018 BOCC approval to advertise a Request for Proposals for mobile retail merchandise or service concession at Higgs Beach. CONTRACT /AGREEMENT CHANGES: New Lease Agreement with Tropical Watersports, LLC,MOBILE RETAIL MERCHANDISE OR SERVICE CONCESSION at Higgs Beach STAFF RECOMMENDATION: Approval with annual reassessment of terms and pending negotiations. DOCUMENTATION: Tropical Watersports RFP Agreement Ranking Committee Higgs Beach Concession Minutes Ranking Committee Higgs Beach Concession Forms TWS_PROPOSAL Response to RFP 09 -26 -18 RFP for Hlggs Beach Retail Concessions FINANCIAL IMPACT: Effective Date: Retro- active to October 16, 2018 Expiration Date: October 15, 2019 Total Dollar Value of Contract: $500.00 /month plus 7.5 % of the monthly gross taxable sales Total Cost to County: N/A Current Year Portion: The Lessee agrees to pay a guaranteed minimum annual fee of 10.125% of its annual gross taxable sales, or the sum of the annual monthly rental of Five Hundred Dollars ($500.00), plus the total of the 7.5% of the monthly gross taxable sales, whichever is greater. Budgeted: Yes Source of Funds: Revenue CPI: Yes Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: yes If yes, amount: $500.00 /month, plus 7.5 % of its monthly gross taxable sales. Grant: N/A County Match: N/A Insurance Required: Yes Additional Details: This Lease calls for a significantly reduced revenue stream from the current lease. It is for 1 year but may be renewed, at the County ?s discretion, after reassessing the terms and pending negotiations between the parties for five (5) additional, one (1) year terms. The Lessee must provide a written renewal request at least sixty (60) days prior to termination of the Lease or any renewal thereof. REVIEWED BY: Patricia Eables Completed 10/09/2018 4:23 PM Kevin Wilson Completed 10/09/2018 4:45 PM William DeSantis Completed 10/09/2018 4:52 PM Budget and Finance Completed 10/10/2018 8:22 AM Maria Slavik Completed 10/10/2018 9:21 AM Kathy Peters Completed 10/10/2018 10:05 AM Board of County Commissioners Pending 10/17/2018 9:00 AM { LEASE AGREEMENT FOR HIGGS BEACH CONCESSION THIS LEASE AGREEMENT is made and entered into on the 17th day of October, 2018, by and between MONROE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County" or "Lessor ", whose address is 1100 Simonton Street, Key West, Florida 33040, and Tropical Watersports, LLC., hereinafter referred to as "Lessee" or "Tenant ", whose mailing address for purposes of this Agreement is 1607 Laird Street, Key West, Florida 33040; WHEREAS, Lessor is the owner of the Clarence S. Higgs Memorial Beach Park, hereafter "Higgs Beach ", that has space(s) available for mobile concessions; and WHEREAS, County advertised via the competitive solicitation process a Request for Proposals ( "RFP ") for Mobile Retail Merchandise or Service Concession at Higgs Beach, through which Lessee was sole respondent; WHEREAS, Lessor has negotiated the terms of the lease with Lessee to operate a concession(s) at Higgs Beach in Key West, Florida, and WHEREAS, Lessor desires to grant to Lessee the right to operate a concession(s) at Higgs Beach at Key West, Florida, and WHEREAS, the Lessee desires to enter into such a lease and represents to the Lessor that it is qualified to operate a concession(s) and has the financial resources to undertake such an operation; NOW, THEREFORE, IN CONSIDERATION of the premises and of mutual covenants and promises hereinafter contained, the parties do hereby agree as follows: 1. Premises. Lessor hereby leases to Lessee the area identified and shown on Exhibit "A ", hereafter the "Premises ", for use as a Concession. Exhibit "A" is attached to this agreement and incorporated by reference. The mobile retail concession operation shalt be located at least fifty (50) feet away from other concessions located at Higgs Beach. Lessee's concession shall be operated from the area identified as " #1" on Exhibit "A" attached hereto. Lessee's location may be relocated at the County's discretion as construction needs dictate for implementation of the Higgs Beach Master Plan as shown on Exhibit `13" attached hereto and made a part hereof. 2. Concession . Products and Services. This agreement is limited to rentals of lounge chairs, lawn/patio chairs, umbrellas, volley balls, and watersports equipment, to include Page 1 of 20 { single kayaks, paddleboards and inner tubes. The use of children's sand toys, floating noodles, and boogie boards are complimentary to customers. Items for sale include mask and snorkel sets, Conch Republic flag towels, Panama Jack sunblock, and non - exclusive Concierge services. NO OTHER SERVICES OR PRODUCTS MAY BE PROVIDED WITHOUT THE WRITTEN CONSENT OF THE COUNTY. 3. 'Lease - `Documents. The lease documents, of which this agreement is a part, consists of the lease documents, which are as follows: This agreement and any amendments executed by the parties hereafter, together with the RFP and any addenda, the response to the RFP and all required insurance documentation. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. 4. . Regulations. (a) The Lessee shall provide a list of all merchandise it intends to sell and services to be provided with pricing as shown on Exhibit "C" attached to this agreement and incorporated by reference. The County reserves the right to reject any items or services it finds inappropriate, objectionable, or not in the best interests of the County. Lessee is permitted to employ entertainment in the form of a tape /CD, IPod, or Internet sound system. Other forms of entertainment may be permitted with the written consent of the Director of Facilities Maintenance or his designee. Where permitted, no sound source shall be permitted that is so loud that it emanates outside of the Lessee's concession space. Lessee will be responsible for obtaining any and all licenses or necessary authorizations to utilize such means of entertainment as set forth herein, if applicable, and indemnify the Lessor for any claims or violations thereto, (b) The Lessee must comply with all the applicable requirements of the statutes, rules, ordinances, regulations, orders, and policies of the federal, state, county, and city governments either in effect on the effective date of this Lease or later adopted. (c) Lessee shall be required to obtain Monroe County and City of Key West Occupational Licenses before beginning operations. Lessee shall also be responsible for obtaining any additional licenses which may be required by Lessee's operations at Higgs Beach before beginning operations. A copy of all licenses must be provided to the County's contract manager within fifteen (15) days of contract award. 5. Term. This Lease Agreement shall commence retroactive to the 16 day of October, 2018, and will terminate on the 15' day of October , 2019, unless terminated earlier under another paragraph of this agreement. This Lease may be renewed, at the County's discretion, after reassessing the terms and pending negotiations between the parties for five (5) additional, one (1) year terms upon written request by the Lessee, provided at least sixty (60) days prior to termination of the Lease or any renewal thereof. 6. Rental and Fees. Page 2 of 20 • (a) RENT: Lessee agrees to pay Lessor rent in the amount of Five Hundred and 00/100 Dollars ($500.00) per month, for retail merchandise or service concession space as shown on Exhibit "A ". Rental payments are due by the 1'` day of the month for which the rent is due and; (b) PERCENTAGE ( %) GROSS TAXABLE SALES: In addition to the monthly rental payment, Lessee agrees to pay Lessor 7.5 % of the monthly gross taxable sales. Payment of charges under this subparagraph shall be made in monthly installments. A statement, including proof of monthly revenue, itemized into categories and a log documenting days and hours of operation, shall be provided by the Lessee to the Lessor each month. The Lessee must provide the County with the sales tax records for each month or quarter depending on filing requirements. Payment shall be made no later than the 25th day of the month payment is due, i.e. January payment by February 25, February by March 25, etc. (c) ANNUAL GUARANTEE: The Lessee agrees to pay a guaranteed minimum annual fee of 10.125% of annual gross taxable sales, or the annual monthly rental of Five Hundred Dollars ($500.00), plus the total of the 7.5% of the monthly gross taxable sales, whichever is greater. Annual gross sales revenues are determined on a calendar year basis. A calendar year shall run from January 1st through December 31st inclusive. 1 f the annual guaranteed minimum of 10.125% is applicable, payment shall be made no later than the 25th day of January of the current year following the year of the aforementioned calculations. The Lessee must provide the County with the sales tax records for each month or quarter depending on filing requirements and remit the difference. (d) An annual rental payment adjustment shall be made in accordance with the percentage change in the Consumer Price Index for all urban consumers (CPI -U) for the prior calendar year ending on December 31st. The increase will take effect on the anniversary month of the month when the operation opened for business. In the event of a deflationary CPI -U, no adjustment in the lease amount will be made. All payments should be made payable to the Monroe County BOCC and directed to the Facilities Maintenance Contract Monitor, 1100 Simonton Street, 2" Floor, Room 2 -216, Key West, FL 33040. (e) No rent payments are due under this agreement until the operation is open for business. If the operation opens on a date other than the first of the month, then the rent charge will be prorated as a percentage that the number of days in the month that the operation was in business represents to the month as a whole. (f) Lessee must open the operation for business within fifteen (15) days of the' effective date of this Agreement. (g) Lessee shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have Page 3 of 20 reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four (4) years following the termination of this Agreement. An annual operating statement prepared by a C.P.A. must be provided to the Lessor on or before February 28 of the following year. (h) The Lessee must pay all assessments, taxes, including sales taxes, levied by any governmental body with the power to impose assessments or taxes. The Lessee must provide the County with the sales tax records for each month or quarter depending on filing requirements as set forth in Paragraph 6 (b) herein. (i) The Lessee must provide all items and equipment needed for the operation including, but not limited to vehicle and /or mobile cart, shelving, display cases, tables, chairs, refrigeration units, etc. Lessee's items and equipment must be removed from the Premises at the end of each day or secured in a location within Lessee's concession space, as agreed upon with the Lessor, in such a manner as to not interfere with any daily beach cleaning operations. (j) Notwithstanding anything set forth in paragraph 11 of this agreement, if the Lessee fails to pay any rents or fees due under this lease within fifteen (15) days after the Lessor notifies the Lessee in writing that the rent or charge is overdue, then the Lessor may, in its discretion, either immediately or later, expel the Lessee and any persons claiming the premises by or through the Lessee, and remove any of the Lessee's effects without being guilty of trespass and without prejudice or waiver to any other available remedy the Lessor might have for the recovery of the rent or charges due from the Lessee. Upon the Lessee's expulsion, this Lease will terminate. However, the Lessee's obligation to pay the rent or charges due will survive the termination. Overdue rent and charges will accrue interest beginning on the 16 day after the Lessee was notified in writing by the Lessor that the renter charges were overdue. The interest rate will be that established by the •Comptroller under Sec. 55.03, F.S., for the year in which the rent or charge first became overdue. 7. _Force Majeure. Neither party shall be liable for any failure or delay in the performance of its obligations under the Lease Agreement to the extent such failure or delay necessarily results from the occurrence of a Force Majeure Event beyond the control or reasonable anticipation of either party, including, but not limited to, compliance with any unanticipated government law or regulation not otherwise in effect at the time of execution of this Agreement, acts of God, unforeseeable governmental acts or omissions, fires, strikes, natural disasters, wars, riots, transportation problems, and /or any other unforeseeable cause whatsoever beyond the reasonable control of the parties (and such cause being referred to as a "Force Majeure Event "). Accordingly, the parties further agree that: (a) Upon the occurrence of Force Majeure Event, the non - performing party shall be excused from any further performance of those obligations under this Agreement that are affected by the Force Majeure Event for as long as (a) the Force Majeure Event continues; and Page 4 of 20 9 i (b) the non-performing party continues to use commercially reasonable efforts to recommence performance whenever and to whatever extent possible without delay. (b) Upon the occurrence of a Force Majeure Event, the non - performing party shall notify the other party of the occurrence of such event and describe in reasonable detail the effect(s) of such event upon the party's performance of its obligations and duties pursuant to this Agreement. Such notice shall be delivered or otherwise communicated to the other party within two (2) business days following the failure or delay caused by the Force Majeure Event, or as soon as possible after such failure or delay if the Force Majeure Event precludes the non- performing party from providing notice within such time period. (c) In the event of a Force Majeure Event, the time for performance by the parties under the applicable statement of work shall be extended for a period of time equal to the time lost by reason of such cause through execution of an amendment pursuant to the terms of the Agreement. 8. Background Cheeks /Personnel. Lessee's employees must consent to Level 1 background checks and the results are to be provided to the County. The County reserves the right to refuse personnel based on results of the background check. The County reserves the right to demand of the Lessee replacement of an employee for the Lessee if a conflict or problem with that employee should arise. The County's Facilities Maintenance Director or his assignee shall have the right to require any employee(s) of the Lessee to be permanently removed from the Higgs Beach premises whenever it appears to be in the best interest of the County. It is the responsibility of the Lessee to inform the Facilities Director or his assignee of all new hires and the results of the background check. (a) The Lessee will be responsible for the supervision, hiring, and firing of their own employees and shall be solely responsible for the pay, worker's compensation insurance, and benefits. (b) Communication between the County Representative and the concession personnel is very important. Therefore, the Lessee must assure that at least one (1) concession personnel can communicate well with the County Representative. Any employee hired by the Lessee will be the Lessee's employee and in no way has any association with the County. The Lessee shall insure that its employees are trained in all appropriate safety regulations, and comply with all such applicable laws and regulations and comply with all other local, State, and Federal regulations. (c) Uniforms are preferred for concession personnel however; photo identification cards are required, which shall clearly identify personnel as employees of the Lessee. This requirement shall apply upon entering County property and at all times while on duty. Page 5 of 20 t I i I 1 t (d) Contractor/Respondent further agrees to notify the County immediately upon b aware that one of its employees, who previously completed the background check, is subsequently arrested or convicted of any crime. Failure by Contractor /Respondent to notify County of such arrest or conviction within forty -eight (48) hours of being put on notice by the employee and /or within five (5) days of its occurrence shall constitute grounds for immediate termination of this Lease by County. The parties further agree that failure by Contractor /Respondent to perform any of the duties described in this paragraph shall constitute a material breach of the contract entitling County to terminate this contract immediately with no further responsibility to make payment or perform any other duties described herein. 9. Hours of _Operation:. The Lessee agrees to furnish good, prompt and efficient service and /or merchandise to meet all demands for concession service at Higgs Beach. Lessee shall offer quality products at competitive prices at least consistent with similar goods and services presently being offered locally in other local facilities. All pricing for all goods and services are to be posted and visible for all customers. The operation must be open for service 363 days per year and will operate from 8 :00 a.m., or after beach cleaning is completed, to 5:00 ( p.m., as a minimum, provided winds are below 15 mph (for umbrella safety) and weather permitting. Closing for Thanksgiving day and Christmas day are optional. The hours can be revised by mutual consent. For purposes of setting up the concession in the morning and closing the concession in the evening, Lessee may arrive one half hour prior to, and depart no later than one half hour after, the hours of operation. The Lessee shall provide to the Lessor a monthly log documenting days and hours of operation. The concession must be roadworthy to meet any FEMA requirements for evacuation from the .park and, if necessary, properly registered and licensed for over the road use. 10..Use'and Conditions: (a) The Lessee must provide an adequate number of covered metal or commercial outdoor plastic waste containers at its operation. Lessee shall provide separate containers for waste and for recyclables. Lessee must deposit all trash, .waste, and recyclables in those containers for proper disposition of the waste and recyclables at the place designated by the Lessor. (b) No signs, advertising, or awnings may be erected by the Lessee, unless they are approved by the Director of Facilities. Maintenance or his designee in writing. (c) The concession stand will not have commercial lighting of any type, including signage. (d) Smoking shall be prohibited by all concessionaire employees within fifty (50) feet of each concession location. (e) If the Lessee chooses to install a security alarm system, it will be of the non - audible type, and approved in writing by the County Administrator or his designee. Page 6 of 20 (f) The rental or selling of fishing equipment will not be permitted. (g) As a protection, Monroe County takes many precautions to preserve the beaches and natural environment. The County commits to protecting Sea Turtles, other coastal wildlife and their habitat. The Lessee shall also coordinate and cooperate with State Agencies and sea turtle conservation groups during turtle nesting season, April 15 through October 31, when Save - a- Turtle representatives and/or Certified Turtle Inspectors, . are walking the beaches. It is important that the Lessee understand these environmental regulations. (h) The Lessee is responsible for the sole costs and expenses and any maintenance of the Lessee's operation, including any utilities required for its operation and the equipment used by Lessee and/or offered for rental. All accessories and equipment applicable to Lessee's concession operation (tables, canopies, chairs, etc.) shall be clean and in good working condition at all times. All rental equipment shall meet strict safety standards, and equipment which is broken, or a potential safety risk, shall be removed immediately. The Lessee will be responsible for insuring equipment is safe and meets all regulated safety requirements. Facilities Maintenance Director or Assignee reserves the right to remove equipment from the beach at any time if it does not meet minimum service or appearance standards. 11. Lessor's .Termination. Except as otherwise provided herein, the Lessor may cancel this agreement when, after giving the Lessee thirty (30) days' written notice that an act of default has occurred, the Lessee fails or cannot cure the following: (a) The appointment of a receiver of the Lessee's assets. (b) The divestiture of the Lessee's interest in the lease by court order or other operation of law. (c) The Lessee's abandonment of the operation. Failure to open the operation and keep it open during the business hours described in this agreement for seven (7) consecutive days shall constitute abandonment. (d) The failure of the Lessee to timely perform any of the obligations required of it under this agreement. No waiver of default by the Lessor of any of the obligations required of the Lessee under this agreement may be construed as a waiver of any subsequent default of any of the obligations that are required to be performed, kept or observed by the Lessee. The Lessor's waiver of an act of default by the Lessee is not a waiver of the right of the Lessor to later cancel this agreement because of the Lessee's failure to subsequently perform an obligation or obligations under this Lease Agreement. 12. Lessee's Termination. if the Lessee is not in default of its obligation to pay the rent and the charges, then the Lessee may cancel this agreement when, after giving the Lessor Page 7 of 20 thirty (30) days written notice of an act of default, the Lessor fails or cannot cure, or fails to timely perform, the obligations required of it under this Lease Agreement. 13. Insurance. Before entering the Premises, the Lessee must obtain insurance in the amounts and according to the conditions described as follows: (a) The Lessee will be responsible for all necessary insurance coverage which includes, at a minimum: Worker's Compensation - $100,000 Bodily Injury by Accident; $500,000 Bodily Injury by Disease, policy limits; $100,000 Bodily Injury by Disease, each employee Vehicle Liability - $300,000 combined single limit General Liability - $300,000 combined single limit Certificates of Insurance must be provided to Monroe County within fifteen (15) days after award of proposal, with Monroe County B000 listed as an additional insured on all policies, except Workers Compensation. If the proper insurance forms are not received within the fifteen (15) days, the proposal may be awarded to the next selected respondent. All forms of insurance required above shall be from insurers acceptable to the County. Lessee cannot begin operating until Certificates of Insurance have been received by the County. The Lessor, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Lease. All insurance policies must specify that they are not subject to cancellation, non - renewal, material change, or reduction in coverage unless a minimum of thirty (30) days' prior notification is given to the County by the insurer. (b) The Lessee must keep in full force and effect the insurance described during the term of this agreement. If the insurance policies originally purchased that meet the requirements are canceled, terminated, or reduced in coverage, then the Lessee must immediately substitute complying policies so that no gap in coverage occurs. Copies of current policy certificates shall be filed with the Monroe County Risk Department or the Facilities Contract Manager, as appropriate, whenever acquired, amended, and annually during the term of this Lease. (c) The insurance required of the Lessee in this paragraph is for the protection of the County, its property and employees, and the general public. The insurance requirement is not, however, for the protection of any specific member of the general public who might be injured because of an act or omission of the Lessee. The insurance requirements of this paragraph do not make any specific injured member of the general public a third party beneficiary under this agreement. Therefore, any failure by the County to enforce this paragraph, or evict the Lessee if the Lessee becomes uninsured or underinsured, is not a breach of any duty or obligation owed to any specific member of the general public and cannot form the basis of any County liability to a specific member of the general public or his/her dependents, or estate, or heirs. Page 8 of 20 (d) Notwithstanding anything set forth in paragraph 11 of this agreement, the Lessor may treat the Lessee in default if the Lessee, after entering the premises but before beginning its operation, does not have the insurance required by subparagraph 12(a).. Before the County may terminate the agreement in this situation, the County must give the Lessee a written notice of the default stating that, if the required insurance is not obtained within ten (10) days of the Lessee's receipt of notice, then the County will cancel this agreement. The County may treat the Lessee in default and cancel this agreement if the Lessee, after starting the operation, fails to keep . in full force and effect the insurance required by subparagraph 12(a). Before treating the Lessee in default and terminating the agreement in this situation, the County need only provide the Lessee 24 -hour notice by E -Mail or overnight courier. The County may, but need not, provide Lessee with an opportunity to cure the default. 14. Non-Exclusive Rights.. Notwithstanding anything herein contained that may be, or appear to be, to the contrary, it is expressly understood and agreed that the rights granted under this agreement are nonexclusive and the Lessor herein reserves the right to grant similar privileges to another Lessee or other Lessees on other parts of Higgs Beach. 15. Rights Upon Termination.. At the end of this agreement (or any renewal), the Lessee's to the Premises, the use of Higgs Beach facilities, and any other right or privilege granted under this agreement ceases. All equipment, improvements, furnishings, and other property of the Lessee at the Premises are personal to the Lessee and remain the property of the Lessee and must be removed by him/her. The Lessee must also restore the Premise to its original condition, ordinary wear and tear and damage by causes beyond the control of the Lessee, excepted. 16. County's Right of Entry. Lessor reserves the right hereunder to enter upon the Premises at any reasonable time, with advance notice, for any purpose connected with the performance of the Lessor's obligations under this agreement or in the exercise of its governmental functions. 17, Assignment. The Lessee may not assign this agreement, or any part of it, or sublease the Premises, or any portion of the Premises, without the written approval of the Lessor. The change of the Lessee's status from an individual to a partnership or corporation is an assignment under this paragraph requiring the Lessor's approval. If the Lessee is approved to do business in the corporate form, any assignment of a controlling interest in the corporate stock is also an assignment under this paragraph that requires the Lessor's approval. All the obligations of this agreement will extend to the legal representatives, successors, and assigns of the Lessee and Lessor. 18. Indemnification/Hold Harmlcss/Defense. The Lessee covenants and agrees to defend, indemnify and hold harmless Monroe County Board of County Commissioners, and its elected and appointed officers, officials, agents, servants, and employees from any and all Page 9 of 20 q t 1 claims, demands, or causes of action for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, costs, penalties, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of the Lessee utilizing the property governed by this lease /rental agreement. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 19. Nondiscrimination.. Lessee agrees That there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the Court order. Lessor and Lessee agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to 1) Title VII of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of ( 1972, as amended (20 USC ss. 1681 -1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title Vlll of the Civil Rights Act of 1968 (42 USC s.3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990'(42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code, Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Lease. 20. Mechanic's. Liens. The Lessee shall not permit any mechanic's lien or liens to be placed on the Premises or on improvements thereon. If a mechanic's lien is filed, it shall be the sole responsibility of the Lessee or its officer, employee, agent, contractor, or other representative causing the lien to be filed to discharge the lien and to hold harmless and defend Monroe County against enforcement of such lien. Pursuant to Section 713.23, Fla. Stat., the liens authorized in Chap. 713, Fla. Stat. does not apply to the Lessor. 21. Records Access and Audits. The Lessee shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with Page 10 of 20 f FF generally accepted accounting principles consistently applied and maintain such records for a period of four (4) years after termination of this Lease. The Lessor, its officers, employees, agents, and contractors shall have access to the Lessee's books, records, and documents related to this Lease upon request. The access to the inspection of such books, records, and documents by the Lessor shall occur at any reasonable time. 22. Relationship of Parties. The Lessee is, and shall be an independent contractor and not an agent or servant of the Lessor. The Lessee shall exercise control, direction, and supervision over the means and manner that its employees, agents, or volunteers perform the work for which purpose this Lease is entered. The Lessee shall have no authority whatsoever to act on behalf and /or as agent for the Lessor in any promise, lease, or representation other than specifically provided for in this Lease. The Lessor shall at no time be legally responsible for any negligence on the part of the Lessee, its employees, agents, or volunteers resulting in either bodily or personal injury or property damage to any individual, property, or corporation. 23. Subordination. This Lease is, subordinate to the laws and regulations of the United States, the State of Florida, and Monroe County, whether in effect on commencement of this Lease or adopted after that date. 24. Premises to be Used for Lawful Purposes. It is expressly covenanted between the parties hereto that the Lessee will not use, suffer nor permit any person to use in any manner whatsoever the leasehold property, nor any portion thereof, for purposes calculated to injure the reputation of the leasehold property or of the neighboring property, nor for any purpose or use in violation of the laws of the United States, or of the State of Florida, or of the Ordinances of Monroe County, Florida, or the City of Key West, Florida. Lessee will keep and save the Lessor forever harmless from any penalty or damage or charges imposed for any violation of any of said laws, whether occasioned by neglect of Lessee and Lessee will indemnify and save and keep harmless the Lessor against and from any Toss, cost, damage, and expense arising out of any accident or other occurrence, causing injury to any person or property whomsoever or whatsoever, and due directly or indirectly to the use of the leasehold Premises or any part thereof by Lessee. 25. Liniitation of Lessor's. Liability. It is further agreed that in no case shall the Lessor herein be liable, under any express or implied covenants in the Lease, for any damages whatsoever to the Lessee beyond the rent reserved by the Lese accruing, for the act, or breach of covenant, for which damages may be sought to be recovered against said Lessor, and that in the event said Lessee shall be ousted from the possession of said property by reason of any defect in the title of said Lessor or said Lessor's authority to make this Lease, said Lessee shall not be required to pay rent under this Lease while it is so deprived of said property, and that said Lessor shall not incur any liability as a result of such ouster. Pagel' an • 26. No Waiver of Breach. It is further mutually covenanted and agreed between the parties hereto that no waiver of a breach of any of the covenants of this Lease shall be construed to be a waiver of any succeeding breach of the same covenant. 27. Severability. If any term, covenant, condition, or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions, and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition, and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplislunent of the original intent of this Agreement. Lessor and Lessee agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 28. Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of Lessor and Lessee and their respective legal representatives, successors, and assigns. 29. Authority. Each party represents and warrants to the other that the execution, delivery, and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 30. Claims for Federal or State Aid. Lessor and Lessee agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Lease; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 31. Adjudication of Disputes or Disagreements. Lessor and Lessee agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 32. Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, Lessor and Lessee agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. Lessor and Lessee specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Page 12 of 20 33. Covenant of No Interest. Lessor and Lessee covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and the only interest of each is to perform and receive benefits as recited in this Agreement. 34. Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to solicitation or acceptance of . gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 35. No Solicitation /Pavment. Lessor and Lessee warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Lease Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, Lessee agrees that Lessor shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 36. Public Access. The Lessor and Lessee shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Lessor or Lessee in conjunction with this Lease; and the Lessor shall have the right to unilaterally cancel this Lease upon violation of this provision by Lessee. 37. Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statues, the participation of the Lessor and the Lessee in this Agreement and the acquisition of any commercial liability insurance coverage, self - insurance coverage, or local government insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the Lessor be required to contain any provision for waiver. 38. Privileges- and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the Lessor, when performing their respective functions under this Agreement within the territorial limits of the Lessor, shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the Lessor. Page 13 of20 I 39. Legal And':Resnon5ibilities. Non - Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the Lessor, except to the extent permitted by the Florida Constitution, State Statute, and case law. 40. :Non - Reliance by 'Non- Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third - party claim or entitlement to or benefit of any service or program contemplated hereunder, and the Lessor and Lessee agree that neither the Lessor nor Lessee or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 41. Attestations. Lessee agrees to execute such documents as the Lessor may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 42. No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent, or employee of Monroe County in his or her individual capacity, and no member, officer, agent, or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 43. Execution in " Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 44. Other Use. Lessee shall not use or permit the use of the Premises or any part thereof for any purpose or use other than an authorized by this Agreement. 45. Paragraph Headings. Paragraph headings herein are intended only to assist in reading identification and are not in limitation or enlargement of the content of any paragraph. 46. Notices: Any notice or other communication from either party to the other pursuant to this Agreement shall be sent by United States Mail, certified return receipt requested, Page 14 of 20 or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice shall be sent to the following addresses: For Lessor: For Lessee: Monroe County Public Works Facilities Contract Monitor Chris Lembo 1100 Simonton St. 1607 Laird Street 2n Floor, Room 2 -216 Key West, FL 33040 Key West, FL. 33040 305 304 -0093 And Monroe County Attorney Post Office Box 1026 Key West, FL 33041 -1026 47. Rights Reserved. Rights not specifically granted to Lessee by this Lease are reserved to the Lessor. 48. Governing - .Law, ' Venue, Interpretation. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Lease Agreement, the Lessor and Lessee agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Lessor and Lessee agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 49. Attorney's Fees, and Costs. The Lessor and Lessee agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out -of- pocket expenses, as an award against the non - prevailing party, and shall include attorney's fees, courts costs, investigative, and out -of- pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. Page 15 of 20 50. Mutual Review. This Agreement has been carefully reviewed by the Lessee and the Lessor. Therefore, this Agreement is not to be construed against either party on the basis of authorship. 51. Entire Agreement. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Lease shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. 52. Final Understanding. This Agreement is the parties' final mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This Agreement cannot be modified or replaced except by another written and signed agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK! Page 16 ()FM { 11 I IN WITNESS WHEREOF, each party has caused this agreement to be executed by a duly authorized representative. LESSOR: (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By: By Deputy Clerk Mayor /Chairman { Witnesses for Lessee: LESSEE: TROPICAL WATERSPORTS, LLC 410 4.,Au Signature person authorized to Signature legally bt d Corporation Date /U - - —/21 Print Name { � Da Print Name Title \ice- -- Address: / (9° 1'S?" Signature { 7.,7.,e, YU 1 )0? r 3oct.-- „ V)°4> Telephone Number \01 1 Print Name Date MO. OE COUNTY ATTORNEY'S OFFICE SUM= AS R x 5, E 4- PATRICIA EABLES. ASSISTANT COUm ORNEY CATE: lR °l. Page 17 of 20 ] . I I . - - ,.. - - ---..... . .., , — , rit oi - • ,...........:. ,....,_...,.........--t , . _ _ Exhibit A HIGGS.BEACH SITE PLAN . . REVISED JUNE ETH 2017 MONROE COUNTY PROJECT MANAV.MENT Al BEACH CHAiR CONCESS L. B2 CONCESSION STORAGE TRAZER ATLANTIC DI-VO .. _ , .. . -,..... . .. . -.-.., • ntstkPitit t . ,.......'-, . . .4 *k ' 4. • . -xisTiNGGING.stAs. . / . . - 1 •4:: -, vil..... ' .. .. - .., A.›,.*,.. . . ,.,,,• 0), .›...., . ' 1 ..\::i6i-, ''''''.4.-- .>,., . . . A ' S li 4 s • . . \-N - • • ' ' j-- .. . . AREA-......\\. \ , .,!' . . '''':. N • ...' . \ \ - i-: f . 4 VA . • , • -.' . , , ••,..-1-.... Vk Itvirin.5.siPoom. - • , ,.. .. , ..- CURRENT MEAN HIGH WATER , .:. „ ...., _ ...... . N 4 - 1 ,f4''' ,'i ' , ' . , ' 4,,,,,,Y . . " ' • ,.,.„ -...3; r. ' -„, ( X .. . .. . , ... '----......,..„....‘._ RENTAL EGUIPMENT SW BEACH CLEANING ...-- EOKoUrieL BE PMENT FROM REMOVING , IL ' . Ir.:6 MEAN V( WAT!IE4 . PZE SEAWEED FROM THE SWiM AREA •N \\:\ • • SHORELINE \ , ...„".„......— FLOAT LINE ' i e DSTING SEAWALL ,,,,, OLDPia:t stslikaars / . , ,:.•-••.•,-`• -..:, N, ... - ••., ,; \ , - - -NN ..- •-• ',..... ' ..... . , . . .. . . . . . Page 18 of 20 I I 1 # S 1 1 4 t g 1 • ii tt iwt-j • , 11 i � # t 1 i : r. H r ' off_, .., _- . ' fit- fo Aft `" . , T R , e . ''t � 4.4A .* ` _ : tai t . - ;;;,..--- ',:' :0;4— .;•i-':'-'''.4- l'1.,•;-.7Niv'.. ';.V li; 4..4_,•-.1 ..... ,-- 7.0••-.; ,-,?' %, , ` �kJ : ` � I ' - ,.&-afti.,:' Itai,-4 ,.,,,,,,,: - .;x0,111, 4-7;44- :,, . .14,,,,,,..,•-:'L 1 -.- . .. . .I. *._ -i).2c .o, .r, ' '4, ; . 741145 :3 0,'.;. •; 4474 1 -4. 1,-.4 ;* r ' . ‘1,1 3 4° 1 ~� a ff.., , r r �/ ,1 � � „ e , ) z ' s , .mo t s ` �` a' f, • it 3 0 EXHIBIT "B "- The Higgs Beach Master Plan may be found at the following link: htin:! hwvw .monroecounty- fl:g o�/2351i-ii t gs- Beach Page 19 of 20 "EXHIBIT C" Tropical Watersports Price List (all prices include sales tax) 2 Chairs and 1 Umbrella $20 Single Lounge Chair $10 Late day single chair (after 3:00) $5 Late day set (after 3:00) $10 Umbrella $10 Kayak $10 /per hour Paddleboard $20 /per hour Mask .& Snorkel set $15 Conch Republic flag towel $12 Panama Jack Sunblock $10 Volleyball rental $3 Inner tube rental $5 for 2 hours Outside watersports priced by outside vendors Page 20 of 20 Ranking Committee Meeting for Request for Proposals (RFP) for Mobile Retail Merchandise or Service Concession at Higgs Beach opened in the Monroe County Purchasing Office on September 26, 2018. Meeting Location: Commissioner Carruthers Conference Room 500 Whitehead Street, Suite 102 Key West FL 33040 Meeting time: 09:OOam Monday, October 01, 2018 The ranking committee is to score the proposal of the one (1) interested respondent, Tropical Watersports LLC., whom submitted a response to the Request for Proposals (RFP) for Mobile Retail Merchandise or Service Concession at Higgs Beach opened in the Monroe County Purchasing Office on September 26, 2018. This is a public meeting. Any member of the public that would like to be present is welcome to observe the ranking committee. Once the committee members begin to discuss the rankings and the materials submitted no further comment from the public may be permitted. The committee may discuss the submitted proposal and change their scorings and rankings during the discussion; however, once any of the committee members present the score or rank of any of the respondents, the committee is no longer permitted to change their scores. Upon completion of the ranking, the requesting department may make a recommendation to the Board of County Commissioners to proceed with any contracts. The ranking by the committee is by no means a final decision for award of any contract for Monroe County. Ray Sanders lead the committee review of the proposal. Three members of the review committee and three members of the public were present during the meeting. Discussion of Proposal was Tab per Tab of the proposal since there was only (1) one respondent. Tab 1 Business Plan for Proposed Concession (20 pts): The business plan was consistent with what is currently operating and Tropical Watersports LLC. is the current concession vendor. The proposer has incorporated management of the bandstands (pavilions), which was not included in the RFP. Tropical Watersports manages them under a separate County agreement. Tab 2 Qualifications and Experience (20 pts): Tropical Watersports has been the concession vendor since 2009. There was a concern that the proposal did not list the experience of employees. One of the committee members expressed that there is a high turnover rate for employees. The references provided by Tropical Watersports were positive with customer service emphasized. Page 1 of 2 Tab 3 Compatibility of the proposed merchandise or services with other vendors (20 pts): The other two concessions are food concessions, so they can be complimentary. There was a question raised of renting volleyball courts and pavilions. The volleyball courts are open to all of the public and the management of the pavilions is a separate agreement that wasn't included in the RFP. Concierge services are not compatible with other vendors because referrals are given for services not available at Higgs Beach but the committee did not feel it was a significant conflict. Tab 4 Compatibility of the proposer's operations with the Higgs Beach Master Plan (20 pts): Sail and Sailboat operations in the Master Plan are not offered in the proposal. There was an explanation that motorized vessels are not authorized and there would have to be a method to retrieve inexperienced sailors. The house mobile trailer fits into the Master Plan both in mobility, visually and location. Tab 5 Potential Revenue to the County (15 pts): The RFP asked for a minimum annual guaranteed dollar amount. The proposal altered the RFP giving an annual minimum percentage amount. Guidelines should be set during contract negotiations since the vendor receives a fee for concierge services. There is { nothing in the proposal showing the County is part of the concierge services. It is more of a sub - business being operated on Higgs Beach. Another comment was the level of promotion; suggesting a referral or actual booking of a service (passive vs active). the committee has significant concerns about the ability of County staff to validate the financial records associated with the concierge services since the County can only use the records we are provided. Tab 6 Local Preference (5pts): The proposer lives close to the beach, so definitely local. There no mention of staff's location but the assumption would be Tropical Watersports hires locally. Tab 7 County Forms and Licenses (no points): There didn't seem to be any concerns with the forms submitted with the proposal. The recommendation of the Ranking Committee was unanimous to recommend Approval upon successful negotiations. Negotiations should include associated financial documentation requirements, staffing, concierge services, rental amounts and the guaranteed minimum as a percentage or flat fee structure. Sign In, Selection Committee Ranking and Summary Final Ranking Sheets were provided. Page 2 of 2 } MOBILE RETAIL MERCHANDISE OR SERVICE CONCESSION AT HIGGS BEACH, MONROE COUNTY, FLORIDA 10/01/2018 SELECTION COMMITTEE PLEASE SIGN IN LAST NAME FIRST NAME _ COMPANY PHONE # E MAIL Sal.ecs l�.a. -{ M G ?c4 0194 2`1 - !x.331 szndrr5 - ra .(c Monroccow►iy -CL5,v jehlee, 6 r, l /we gore 2 y -3 X3 feAKeck-'G.4✓ Its 4.rsee a C Hri 5 I.- �.vwbo ro p' � tA.�a�. - S 3v � -oby3 �- �✓ �L.em Kry /�Ir. C%G� • .Y ([1��1Li lYtl_. ct-Y � zqZ -3y7!. eQ ylc°s- Ahfi'o Aili01raeed a 4 ��ti 1 � � A �c� ac - 4s - e�z u -al+c4 cG074 -A v v� L � r ye =•oeG off W KI-I' FUR MUKILt KLtAIL MLRU1ANUISL UK SLKVILL LUitKLLSSiU Al , HIC�Ci, I3LALH: .k ;FINAL TABULATION SCORE . _-' SELECTION COMMITTEE MEMBER: l . i = i 1 ;1 9 1: 1 1 I I. ' 1 _ ._ 1 1 1 1 1 t I U cc I i i d I-1-1 i i ' i is . 2 < : I , : RES 1 SCORING CRITERIA '.1 1 I' 1. Business Plan for Proposed Concession (20 pts) i : / (Q , , 1 I 'I. 1 1 1 :1 2. Qualifications and Experience (20 pts) I 2 D I i 1 I 3. Compatability of the proposed merchandise or services with other; 1 4 } i 1 I _ I I I vendors (20 pts) I, 4. Compatability of the proposers operations with the Higgs Beach f Master Plan (20 pts) 2 _ ` 1 --------- - -__-i _------ - - - - -- -------- - -_ —_a- 5. Potential Revenue to the County (15 pts) ; `; 3 $ 1 . I I T- 6. Local Preference(5pts) E 1 1 7. County Forms and Licenses (no points) I 1 1: 1 1 I> �, r h ;I TOTAL POINTS i Gi 1 $ 1 1 RANKING _ Y . _ . _ _ � - - - = - -- _ — ----= - - - - -- - - a - = 1 1 1 Signs ure of election Commi tee Member r ui , Date �.. _ { tit..P Wtt MUt3ILt Kt I AIL IVILKLHANUISt UK SLKVILtLONC.tSSIU1V AI 111b((5 IitALH , - FINALTABUTATfONSCORE:SHEETS -r---- - _. € __ __ - I SELECTION COMMITTEE MEMBER ■1 : S r:S • s ; I : { v, s 1 1 F 1 0 1 •• - i O < 1 i RESPONDENT a I I `F - - - -~ - may - -- =�`r -± - - _ --- i--- ---- -- _ SCORING CRITERIA a a s y • S ... j _ I 1 { 1. Business Plan for Proposed Concession (20 pts) ?. • 1_ • 1: 2. Qualifications and Experience (20 pts) 15 • 1 3. Compatability of the proposed merchandise or services with other 1 I 1 1 vendors (20 pts) ) 5 � ' - - - �_�� 4. Compatability of the proposer's operations with the Higgs Beach 1 1 II Master Plan (20 pts) _ « « -« 1 I I 5. Potential Revenue to the County (15 pts) 1 1 1 1 6. Local Preference(5pts) 1 { / I 1 . i• 1 1 1 1 7. County Forms and Licenses (no points) i s 1 TOTAL POINTS - 7 (O 1 I I I 1 RANKING ) I I _ ■ Signature of Selection Committee Member } 1. 1a 1 1 f! Date KhP WUK W1U13ILt.KIIAILIVIt U UK StKVICb LUNC.ESS(UN Al HIb(iS,13LAt;N I f FINALTABUCATION SG 7 E SHE_ . r . . �.._ SELECTION COMMITTEE MEMBER ` ? d ,e... Beck, I 1 P 1 , r 1 I Con i 1. ; i 0 t 1 t 1 ¢ ta. I 1 1 , p G U Ce I pii a I- i ' 1 I RESPONDENT cc ¢ I r SCORING CRITERIA , ; t t - 1 1. Business Plan for Proposed Concession (20 pts) 20 1 , _. 1 - I I t = 2. Qualifications and Experience (20 pts) /5... � I j 1 1; 1 t . 3. Compatability of the proposed merchandise or services with other , vendors (20 pts) I f 1 : 4. Compatability of the proposer's operations with the Higgs Beach I i r Master Plan (20 pts) I; 2 0 . 1 1 i 4 / I . 1 5. Potential Revenue to the County (15 pts) / 0 1' _ I I 1 t , 6. Local Preference(5pts) 1 1 . 1 ! L. t } t - 1 ',, ii ji1 7. County Forms and Licenses (no points) = • • ' r i j . TOTAL POINTS a + i- Y_ I 1: RANKING - - -- _ 1 Signatu • elegtion Committee Member 1 ! Date /6/y/( ' •• _ I , RFP FOR MOBILE RETAIL MERCHANDISE OR SERVICE CONCESSION AT HIGGS BEACH FINAL RANKING SHEET • • I 1. 1 1: 1 1 't 1 1 1; 0 1 , 1 a 1 1 i I• . 1 l . 1 � � ; 1 I- 1 S ; 1 I 1 I. 1 CD $ 1 RESPONDENT ` -- _ ` ' ... _ 1 Committee Member 1 Total. Score: q ` __ t 1 Willie Desantis Rank 1 1 I. I . + . - Committee Member 2 _ Total Score ` I 1 " 1' ------- - --- -- ---- - Ray Sanders Rank. Y .. - - - - - -- ___1... ---- - - -- = - -- - -- . -- - -- . i f-- - - - - -- --f- -1•- -1 1 . , 1 1 ,. , 1 .. - - -_ I Committee Member 3 T otal Score 1 1 1 1 1 1 I I 1 1 r«3> CarolSchreck Rank,_ 1- 4 I 1. 1. 1 . TOTAL POINTS 1 } t'; • coo 1F� 0a.. 1 i 1 1 . 1 RANKING �g �.(U�lo- ) I; JI r ignature of Selection Committee Member Date / / //f Signature of Select Committee Member Date / / Signatur- of Selection Committee Member Date Page I. of 1 "Proposal- Mobile Retail Merchandise or Service Concession at Higgs Beach, Monroe County, Florida ". Submitted By: Tropical Watersports, LLC 1607 Laird St, Key West, FL 33040 305 - 304 -0093 Christopher J. Lembo sole Managing Member elembo @keysdigital.com al op Table of Contents Tab 1. Business Plan Tab 2. Qualifications and Experience 1 -4 Business information 5. Customer references 6. Credit references 7. Relevant experience 8. a -e Litigation information Tab 3. Compatibility with other vendors Tab 4. Compatibility with Master Plan Tab 5. Potential Revenue to the County Tab 6. Local Preference Tab 7. County Forms and Licenses 1.11 Proposal Form 1.12 Lobbying and Conflict of Interest clause 1.13 Non Collusion Affidavit 1.14 Drug Free workplace Form 1.15 Local Preference form 1.16 Public Entity Crime Statement 1.17lnsurance and Indemnification Statement 1.18lnsurance Agent's Statement Licensing TAB 1 Business Plan Tropical Watersports, LLC Business Plan: Tropical Watersports, Higgs Beach, Key West, Florida Tropical Watersports' business plan issimple and straightforward... Provide a relaxing beach experience at a reasonable price. In order to provide this experience for our customers, we • provide all the necessary amenities for a relaxing day atthe beach for tourist and local alike. The meat and potatoes of the business is lounge chairs and umbrellas. We arrive at 8:30 each morning, (weather permitting and after the beach grooming is completed), and set up two rows of 12 sets of chairs and umbrellas. It is hard work setting up the chairs due to the hard ground, but necessary to keep the equipment together and make it easier and quicker for customers to find a spot and relax, and to be sure to collect all the fees. We also provide sit up lawn /patio chairs for those that cannot sit in the low lounge chairs. On days with wind over 15 we do not set up umbrellas as they can become airborne in wind gusts. The umbrellas are considered free with rental of 2 chairs. Secondary to the chairs is watersports equipment. We currently have 3 single kayaks and 3 paddle boards. Due to the roughness of the water this has been sufficient to meet the demand. We also have inner tubes for customers to rent and float around the sand bar and swim area. Tropical Watersports sells mask and snorkel sets, Conch Republic flagtowels and Panama Jack sunblock at retail. That has been the limit of retail items we have been asked for. Concierge services are very important aspect of our business as customers have many questions regarding water sports bookings, restaurants, museums, shopping and other historical aspects of Key West and the Keys. We book trips for numerous providers such as Barefoot Billy's Jet Ski Tours, Fury Water Adventures and a few smaller excursions. Tropical Watersports rents volleyballs and we also provide kids sand toys, floating noodles and boogie boards complimentary to our customers. In addition we also provide management of the two pavilions located on the beach. The pavilions are used for group picnics, wedding parti.es, birthday parties, Boy's & Girl's Club and numerous other groups. Reservations are required to keep the pavilions clean and available when reserved. The above services have been provided at the prices listed below. The pricing and scope of the services has met the demand of Higgs Beach Park for the past 9 years. I have tried other services and goods and found that what we currently provide meets all the needs and then some. I have tried to sell artwork and other locally made items but wear and tear from weather before they could be sold made it not appropriate. Other types of watersports did not have enough demand to support hiring necessary staff. What we have developed to this point is working well. Tropical Watersports Price List (all prices include sales tax) 2 Chairs and1 Umbrella $20 Single Lounge Chair $10 Late day single chair (after 3:00) $5 Late day set (after 3:00) $10 Umbrella $10 Kayak $10 /per hour Paddleboard $20 /per hour Mask & Snorkel set $15 Conch Republic flagtowel $12 Panama Jack Sunblock $10 Volleyball rental $3 Inner tube rental $5 for 2 hours Pavilion rental Per county pricing $1 per person Outside watersports priced by outside vendors. The above pricing and supply has been successful over the past 9 years. I have attempted to raise prices in the past but it was not met with good results. People walked away when I tried to raise the 2 chair and umbrella price to $25. The pricing at the park is reasonable but will become difficult to manage if costs escalate. TAB 2 Qualifications and Experience Tropical Watersports Qualifications and Experience I have owned and operated Tropical Watersports on Higgs Beach since November 2009. I purchased the business from the previous owner for the purpose of making the park in the neighborhood in which I live a nicer, friendlier and more attractive destination for locals and tourists. Prior to purchasing the business I was a Light Tackle Charter Boat Captain. I ran family charters for 10 years from Murray Marine and then Yacht Club of America. I also have experience as an insurance adjuster and spent many years in the trust and investment services industry. All these experiences have developed customer service and management skills more than sufficient to provide top notch service through Tropical Watersports. Having managed the business for the past 9 years I can attest to the variance and inconsistency of the business due to obstacles beyond the control of the business. Throughout it all, providing a relaxing and fun destination for beachgoers has been a rewarding experience. The main obstacle is weather. Rain, cold and wind all have impacts on business. Rain changes plans to indoor activities, cold limits those that visit the beach during January and February. Wind means no umbrellas making it unbearable for most in our strong sunshine. Seasonal considerations also come into play and are also inconsistent. March is never the same one year to the next, but September, October and January are always very slow. Weather can just make a customer not willing to pay the $20 if they don't know how long they will remain at the beach. Environmental issues also must be taken into consideration to manage the concession. In August 2018 we were closed for the first 14 days of the month due to the influx of sargassum seaweed on the beach. With the eroded sand and exposed rocks it was not possible to pick up the seaweed and after a few days in the sun it is not possible to withstand the decaying seaweed smell. In the first 6 months of purchasing the business I was hit with business slowdown from the BP oil spill which pushed back plans a year with regards to equipment replacement. In September 2017 Hurricane Irma interrupted business for a couple of months and it has remained slow ever since. Managing the inconsistent cash flow to meet rent, insurance and payroll requires budgeting. In previous years I have made a point to budget so that September, October, November and December rent could be paid up front in September. Equipment management is also a large part of managing the business. Chairs break and need to be, replaced, repaired or reslung, umbrellas need wires fixed, paddleboards need fiberglass /epoxy patches, paddles need to be repaired or replaced, the building needs waterproofing, wheels lubricated. It is a nonstop list of repairs and replacement of equipment. Keeping the area clean and trying to avoid vandalism is also significant work. Nightly we have people trespassing through the beach and leave garbage, food, blankets and other items in the area. We clean this up each morning as well as cleaning after the area is used as a bathroom at night a few nights a week. I have had numerous chairs and kayaks damaged by vandals. Some could be repaired, some could not. The business is open every day that weather permits. Not having a fixed work schedule is also a management issue. Tropical Watersports has successfully provided concession services at Higgs Beach since I have been at the helm. There is a bright outlook for the economy and Higgs Beach, and Tropical Watersports can exceed expectations for providing concession amenities in the future as well. We have recently upgraded our lounge chairs to Nardi Omega chairs. A lighter, more comfortable, more durable, more attractive chair design than we previously had. We also took 2 years to build a "Tiny House" small enough to not be obtrusive but large enough to hold all the required equipment and tow it out should a storm develop. I have received countless comments on tiny house and how, it looks great at Higgs Beach. We continue to provide concierge services, watersports, retail sales, pavilion management and promote positivity and fun, consistent with our business plan. 1) Christopher J. Lembo is sole managing member of Tropical Watersports, LLC a Florida LLC 2) Christopher J. Lembo is sole officer or director of Tropical Watersports, LLc a Florida LLC 3) Christopher J. Lembo has been sole owner operator since November 30, 2009 4) Tropical Watersports has been operating since approx. 2005 under previous owner until Christopher J Lembo purchased it in November 2009 5) Customer references attached: 6) Credit report attached. Monroe County has records of prompt rent payments as well 7) As mentioned above, I have been providing the concession services since November 2009. Also attached is my resume. 8) A) No b) NO c) NO d) NO e)No Florida Denartment of StatP DIVISION OF CORPORATIONS I.Ti'tLAT of y t 02,9Arp,7 ® org C'1It f.JC)1 TI CJ! C t?.5� 1 =�,!? j:rrr: !/f 1'Fiilif(LS f,.:r penartment of StatP / pivision of Comnretions / Search Records I Detail Rv Dnrnlment Numhgr / Detail by Entity Name Florida Limited Liability Company TROPICAL WATERSPORTS, LLC Filing Information Document Number L05000101425 FEI /EIN Number 27- 0135351 Date Filed 10/14/2005 Effective Date 10/14/2005 State FL Status ACTIVE Last Event CANCEL ADM DISS /REV Event Date Filed 08/18/2008 Event Effective Date NONE principal Address 1000 ATLANTIC BLVD. KEY WEST, FL 33040 Changed: 11/30/2009 p✓ lino Address 1607 Laird Street KEY WEST, FL 33040 Changed: 02/28 /2017 R ai ter -d Agent Name & Address LEMBO, CHRISTOPHER J 1607 Laird Street KEY WEST, FL 33040 Name Changed: 11/30/2009 Address Changed: 02/28/2017 Aut1 oriiAd PersnnLcl Detail Name & Address Title MGRM LEMBO, CHRISTOPHER J 1607 Laird Street KEY WEST, FL 33040 http://search.sunbiz.org/lnquiry/CorporationS earch/S earchResultD etail ?inquirytyp e= Entity... 9/18/2018 Customer References To Whom it May Concern: am writing this letter in praise and support of Tropical Watersports. In my experience, the staff have consistently gone over and above to demonstrate the joyous, kind and caring nature of Key West to locals and tourists alike. I am grateful each time I have the opportunity to experience this clean and green business as they help us all to take care of and celebrate our Key West beaches. Sincerely, Jerav R emit - 1 U _ 21( o31 ( , uyv ,- + 2 4 601 6 04 Ft 3 -6oty Mail - outlook_ED787C58BA4D1544@outlook.com Page 1 of 1 Outlook Mall ChristopherLembo SearchMailandPeople 0 New! Reply! Delete Archive Junky Sweep Move to Folders Cust o m er Reference , , z„i rca:;Y= Inbox 3 JunkEmail LK Lauren Kenny < lauren.m.kenny @g m ail.com> Reply I ` Tue 9/4, 8:35 PM Drafts clembo ©keysdigita I.com . ? 4. 1 '"v Sent Items Deleted Items clembo @k eysd igita Lcom i * t 9 To whom it may concern, 4 1607 Laird ` My family and I spent a week in Key West on vacation and loved our time at Tropical �' 1705 Laird St Y Y P Y p� ,�-.-4 Watersports. We visited nearly every day during our stay, as it's in the perfect ... '`1 .1.......:.4- , Archive location, they had everything we needed, and the staff were so friendly and helpful. Conversation History This was our first beach vacation with our 1 year old daughter and Tropical Watersports made it so simple and enjoyable for us. They provided the umbrella, GDR chairs, beach toys for our daughter, and water toys for my husband and myself. We Save on dining, rfp didn't have to worry about anything while we relaxed on the beach, knowing anything shopping and we needed was just a few steps away . The staff were also able to help us book a entertainment TNA sunset cruise right from our beach chair. 1 will definitely be returning to Tropical TWS Watersports on my next trip to Key West. My husband and i have traveled the world and visited many destination beaches, and truly put Tropical Watersports at the top of ilinnicrirg our list, and will continue to recommend to all our friends. Thank you, Lauren Kazmierczak 176 Lang Drive, North King stown, RI 02852 Upgrade to ad - free 401- 450 -9401 July 5, 2018 Tropical Water Sports Chris Lembo Higgs Beach Key West, FL Dear Chris, My husband and i recently spent a weekend in Key West and rented beach chairs, umbrella's and kayaks from your business. This letter is to let you know that we were pleasantly surprised and very satisfied with the service provided by your employees; the experience exceeded our expectations! They were friendly, courteous and made sure we were taken care of during our entire time on the beach. It was nice to see the attention made on keeping the beach clean along with accommodating our request to move from one spot to another as the day progressed. When speaking with one of the girls, we let her know it was our first time to the island and asked for some sightseeing suggestions. Not only did she provide sightseeing ideas, she also provided great recommendations for restaurants and entertainment. There was no need to go to a visitor center, your employees were fantastic spoke persons and should be commended for their knowledge of all the things Key West has to offer. This was our first stop on our whirlwind tour of Key West. It set the bar high for the remainder of our weekend. THANK YOU for paying attention to the details....right down to sunscreen! We recently moved to Naples, Florida and plan to come back to Key West often based on the great time we had. We look forward to utilizing the services your business offers; it was by far the best beach experience we had during ourvisit. Sincerely, Swan j J mold-wt. Susan J Persechino 1403 Santiago Circle, Unit 102 Naples, FL 34113 Cell 401- 484 -3992 September 5, 2018 To Whom It May Concern: We frequently visit Higgs Beach and the staff at Tropical Watersports are always friendly and helpful. They are very knowledgeable about the area and have made several suggestions for other activities in Key West. Prices at Tropical Watersports are very reasonable and they have everything for a fun and relaxing day at the beach. We look forward to our next trip. Ray Kaczmaraczyk 12508 Twilight Lane Jacksonville, FL 32225 904 - 993 -3830 Archived Reports Bureau Sep 6, 2018- Re... v Experian• Equifax• TransUnion• Compare All FICO• Score 8 Additional FICO- Scores Help Score Rating Score Ingredients Score Planner Score Simulator Score Tracker Get rewarded for your 819 credit score. �. Use our credit card guide to find a rewards credit card that F> makes the most nut of your everyday spending. °hi Launch auide 1 _ 300 FICO SCORES Experian data 9/06/2018 850 y � � �i•}�L��'��+ .... � j �Y �` ltd Your score Profile FICO- Scores are used in 90% of credit decisions. In fact, Fico Scores are the global standard for lenders in the banking, mortgage, credit card, auto and retail industries. FICO® Score 8 ranges from 300 to 850. Higher scores are better. (2) No Missed Payments What's helping your score? (2) Recent Credit Card Usage (2) Substantial Installment Loan Rep... What's hurting your score? 0 Not Seeking Credit You have no negative factors impacting your Score. n.c•lntca axnerian rnm! {vfr, ni0 Page 1 of 32 x • no Credit Report Prepared For: CHRISTOPHER J LEMBO Experian Report As Of: Sep 6, 2018 Personal & Confidential Q /f.001 R ,ttne•/ /lien Pvr .r nn t•nm/ Page 2 of32 CHRISTOPHER J LEMBO - Experian CI!Illa Date of Report: Sep 6, 2018 .,expenan. Account Summary My Accounts Summary My Overall Credit Usage Open Credit Cards 2 Credit Debt Open Retail Cards 0 1 6% a,v../t Total Credit Open Real Estate Loans $54,000 Open Installment Loans 2 Total Open Accounts 5 My Debt Summary Accounts Ever Late 0 Credit and Retail Card Debt $8.431 Collections Accounts 0 Real Estate Debt $487,699 Average Account Age 9 yrs 5 mos Installment Loans Debt $26,581 Oldest Account 20 yrs 4mos Collections Debt $0 newest account Total Debt $522,711 My Hard Credit Inquiries My Public Records 0 0 Summary Accounts Collections Inquiries Public Records Credit Score Page 3 of32 CHRISTOPHERJ LEMBO - Experiano Date of Report: Sep 6, 2018 ® experian Account Summary My Personal Information Name CHRISTOPHER J LEMBO • Also Known As LEMBO CHRISTOPHER Birth Year 1966 Addresses 1620ROSEST Personal Statement(s) KEYWEST,FL33040 - 5320 No Statement(s) present at this time 1607LAIRD ST KEY WEST, FL 33040-5311 13 WHISTLING DUCK LN KEY WEST, FL 33040-4374 Employer(s) INCEGNITO SPORT TYPICAL WATER SPORTS Summary Accounts Collections Inquiries Public Records Credit Score Page 4 of 32 .(!!!. CHRISTOPHER J LEMBO - Experian .. expe n an.. Date of Report: Sep 6, 2018 ,tt Open Accounts BK OF AMER Open 6301ooxxxxxxxx ACCOUNT OETAILS CONTACT INFORMATION Account Name BK OF AMER 4909 SAVARESE CIR TAMPA, FL 33634 Account# 630100XXXXXXXX (800) 669-6607 Original Creditor PAYMENT HISTORY Company Sold 2018 2017 2016 Jan Feb Mar Apr Jan Feb Mar Apr Jan Feb Mar Apr Account Type Auto Loan May Jun Jul Aug May Jun Jul Aug May Jun Jul Aug Date Opened Sep1,2015 Sep Oct Nov Dec Sep Oct Nov Dec Sep Oct Nov Dec Account Status Open DODD Payment Status Current 2015 Jan Feb Mar Apr Status Updated Aug 1, 2018 DODO May Jun Jul Aug Balance $10,064 DODO Sep Oct Nov Dec Balance Updated Aug 31, 2018 1 ^ 1 Original Balance $19,333 Monthly Payment $302 OK 120+ Days Late / � pT 300aysLate Failed to Pay Past Due Amount ULJ60 Days Late ONegative Highest Balance 90 Days Late 0 Data Unavailable Terms 72 Months Responsibility Joint Account Your Statement Comments SummafY Accounts (Open) Collections Inquiries Public Records Credit Score Page 5 of 32 ( ! ' j . . CHRISTOPHER J LEMBO - Experian , n expe na n.. Date of Report: Sep 6, 2018 CAPITALONE Open 414709X0XXX ACCOUNT DETAILS CREDIT USAGE Account Name CAPITALONE Low Credit Usage Keeping your account balances as low as possible can Account# 414709XXXXXX 0% have a positive impact on your credit. Original Creditor Company Sold CONTACT INFORMATION Account Type 15000 CAPITAL ONE DR Date Opened Feb 1, 2000 RICHMOND, VA 23238 (800) 955-7070 Account Status Open PAYMENT HISTORY Payment Status Current 2018 2017 2016 Status Updated Aug 1,2018 Jan Feb Mar Apr Jan Feb Mar Apr Jan Feb Mar Apr Balance $18 May Jun Jul Aug May Jun Jul Aug May Jun Jul Aug Balance Updated Aug 13, 2018 Sep Oct Nov Dec Sep Oct Nov Dec Sep Oct NovDec Credit Limit $28,000 ❑ ❑ ❑ El 2015 2014 2013 Monthly Payment $ Jan Feb Mar Apr Jan Feb Mar Apr Jan Feb Mar Apr Past Due Amount May Jun Jul Aug May Jun Jul Aug May Jun Jul Aug Highest Balance $19,553 Sep Oct Nov Dec Sep Oct Nov Dec Sep Oct Nov Dec Terms Revolving Responsibility Individual 2012 2011 Jan Feb Mar Apr Jan Feb Mar Apr Your Statement May Jun Jul Aug ay Jun u ug Comments Sep Oct Nov Dec Sep Oct ov ec O IC 120+ Days Late 30 DaysLate Failed to Pay G2J T 60 Days Late G]Negative 90 Days Late 0 Data Unavailable Summa,y Accounts (Open) Collections Inquiries Public Records Credit Score Page 6 of32 CHRISTOPHER J LEMBO - Experian iliac Date of Report: Sep 6, 2018 expe ri a n. CHASE CARD Open 40716 6)(X)({)({ ACCOUNT DETAILS CREDIT USAGE Account Name CHASE CARD Fair Credit Usage Keeping your account balances as low as possible can Account# 407166XXX00XX 32p /D have a positive impact on your credit. Original Creditor Company Sold CONTACT INFORMATION Account Type Credit Card - Revolving Terms PO BOX 15298 Date Opened May 1, 2002 WILMINGTON, DE19850 (BOO) 432 -3117 Account Status Open PAYMENT HISTORY Payment Status Current 2018 2017 2016 Status Updated Aug 1, 2018 Jan Feb Mar Apr Jan Feb Mar Apr Jan Feb Mar Apr Balance $8,413 May Jun Jul Aug May Jun Jul Aug May Jun Jul Aug Balance Updated Aug 19, 2018 Sep Oct Nov Dec Sep Oct Nov Dec Sep Oct Nov Dec Credit Limit $26,000 LA.) L U 2015 2014 2013 Monthly Payment $159 Jan Feb Mar Apr Jan Feb Mar Apr Jan Feb Mar -Apr Past Due Amount May Jun Jul Aug May Jun Jul Aug May Jun Jul Aug Highest Balance $23,303 Sep Oct Nov Dec Sep Oct Nov Dec Sep Oct Nov Dec Terms Revolving Responsibility Individual 2012 2011 Jan Feb Mar Apr Jan Feb Mar Apr Your Statement DODO May Jun Jul Aug May Jun Jul Aug Comments DODO Sep Oct Nov Dec Sep Oct Nov Dec O N---C 120-1-Days Late G£J30 Days Late Failed to Pay 60 Days Late III]Negative @ 90 Days Late 0 Data Unavailable Summa,y Accounts (Open) Collections Inquiries Public Records o• edit Score Page7of32 CHRISTOPHER J LEMBO - Experian II ' . expenan.. Date of Report: Sep 6, 2018 '11 FIFTH THIRD BANK Open 205381)00( ACCOUNT DETAILS CONTACT INFORMATION Account Name FIFTH THIRD BANK 5050 KINGSLEY DR CINCINNATI, OH 45227 Account# 205381XXX (800) 972-3030 Original Creditor PAYMENT HISTORY Company Sold 2018 2017 Jan Feb Mar Apr Jan Feb Mar Apr Account Type Conventional Real Estate Loan, Including Purchase 0 0 0 0 Money First May Jun Jul May Jun Jul Aug El El 1:1 El El El El El El El Date Opened Mar 1, 2016 Sep Oct Nov Dec Sep Oct Nov Dec • Account Status Open Payment Status Current OK 120+ Days late G£J30 Days late Failed to Pay Status Updated Jul 1, 2018 60 Days late G!)Negative Balance $487,699 90Dayslate 0 Data Unavailable Balance Updated Jul 31, 2018 Original Balance $512,000 Monthly $3,436 Payment Past Due Amount Highest Balance Terms 360 Months Responsibility Joint Account Your Statement Comments Summaly Accounts (Open) Collections Inquiries Public Records Credit Score kf+no. / /lino .VT10r1911 rnm 4 Page 8 of32 CHRISTOPHER J LEMBO - Experian !ills Date of Report: Sep 6, 2018 ' ! experian. WFEFS 945923)0900000 {)0( Open ACCOUNT DETAILS CONTACT INFORMATION Account Name WFEFS PO BOX84712 SIOUX FALLS, SD 57118 Account# 945923XX)COOGWO( (800) 658-3567 Original Creditor PAYMENT HISTORY Company Sold 2018 2017 2016 Jan Feb Mar Apr Jan Feb Mar Apr Jan Feb Mar Apr Account Type Education Loan May Jun Jul Aug May Jun Jul Aug May Jun Jul Aug Date Opened Aug 1, 2008 Sep Oct Nov Dec Sep Oct Nov Dec Sep Oct Nov Dec Account Status Open O 0 O O Payment Status Current 2015 2014 2013 Jan Feb Mar Apr Jan Feb Mar Apr Jan Feb Mar Apr Status Updated Aug 1,2018 May Jun Jul Aug May Jun Jul Aug May Jun Jul Aug Balance $16,517 Sep Oct Nov Dec Sep Oct Nov Dec Sep Oct Nov Dec Balance Updated Aug 31, 2018 Original Balance $18,947 2012 2011 Monthly Payment $159 Jan Feb Mar Apr I� o Apr Past Due Amount May Jun Jul Aug MaayJyun�JTulyAugg Highest Balance Sep Oct Nov Dec Sep Oct Nov Dec Terms 205 Months Responsibility Cosigner OK 120 +Days Late G£ }30DaysLate Failed to Pay Your Statement GE }60 Days Late GlNegative Comments 90 Days Late 0 Data Unavailable Sumrnaly Accounts (Open) Collections Inquiries Public Records o -edit Score Page 9 of32 CHRISTOPHER J LEMBO. Experian tlll Date of Report:Sep 6, 2018 1 llexperian. dl Closed Accounts AESIWELLS FARGO 319425)(JOOWO(JOXT0( Closed ACCOUNT DETAILS CONTACT INFORMATION Account Name AESNVELLS FARGO PO BOX 61047 HARRISBURG, PA 17106 Account# 319425 (800) 233 -0557 Original Creditor PAYMENT HISTORY Company Sold 2010 2009 2008 Jan Feb Mar Apr Jan Feb Mar Apr Jan Feb Mar Apr Account Type Education Loan DODO May Jun Jul Aug May Jun Jul Aug May Jun Jul Aug Date Opened Aug 1, 2008 Sep Oct Nov Dec Sep Oct Nov Dec ep c ov ec Account Status Closed ❑ E❑ ❑ Payment status Account transferred to another office O MC. 120 +Days Late Status Updated Sep1,2010 ate Failed to Pay Balance [in 60 Days Late G)Negative 90 Days Late 0 Data Unavailable Balance Updated Sep 30, 2010 Original Balance $18,947 Monthly Payment Past Due Amount Highest Balance • Terms 293 Months Responsibility Cosigner Your Statement Comments Account closed due to transfer or refinance Summa 1 y Accounts (Closed) Collections Inquiries Public Records Credit Score Page 10 of 32 CHRISTOPHER J LEMBO - Experian tc enan.. Date of Report: Sep 6, 2018 •9, � I ALLY FINANCIAL Closed 673923)0000C( ACCOUNT DETAILS CONTACT INFORMATION Account Name ALLY FINANCIAL 200 RENAISSANCECTR DETROIT, MI 48243 Account# 673923XXXXXX (800) 200-4622 Original Creditor PAYMENT HISTORY Company Sold 2018 2017 2016 Jan Feb Mar Apr Jan Feb Mar Apr Jan Feb Mar Apr Account Type Auto Loan 0 D May Jun Jul Aug May Jun Jul Aug May Jun Jul Aug Date Opened Aug1,2015 II —I f n II—i 0 0 Sep 7�tttlav'Dt=CSep Oct Nov Dec Sep Oct Nov Dec Account Status ❑ O ❑ ❑ ❑ Closed Payment Status Paid satisfactorily 2015 Jan Feb Mar Apr Status Updated Feb 1, 2018 DODO May Jun Jul Aug Balance O ct l 0 Sep Oct Nov N Dec Balance Updated Feb 23,2018 Original Balance $13,728 Monthly Payment OK 120 +Days Late 30 Days Late Failed to Pay Past Due Amount 60 Days Late ONegative Highest Balance G I IJ90 Days Late 0 Data Unavailable Terms 72 Months Responsibility Individual Your Statement Comments Summary Accounts (Closed) Colfections Inquiries Public Records Credit Score Page 11 of 32 CHRISTOPHER J LEMBO - Experian 8 9 a Date of Report: Sep 6, 2018 .. expenan , Li ALLY FINANCIAL Closed 611913)00WD( ACCOUNT DETAILS CONTACT INFORMATION Account Name ALLY FINANCIAL 200 RENAISSANCE CTR DETROIT, MI 48243 Account# 611913)0XXXX (800) 200-4622 Original Creditor PAYMENT HISTORY Company Sold 2011 2010 2009 Jan Feb Mar Apr Jan Feb Mar Apr Jan Feb Mar Apr Account Type Auto Loan @ @ @ DODO May Jun Jul Aug May Jun Jul Aug May Jun Jul Aug Date Opened May 1, 2009 0 0 0 0 0 Sep Oct Nov Dec Sep Oct Nov Dec Sep Oct Nov Dec Account Status Closed 0 0 0 0 0 0 Payment Status Paid satisfactorily O K 120+ Days Late Status Updated Sep 1, 2011 GE]30Da Failed to Pay Balance 60DaysLate ONegative 90 Days Late 0 Data Unavailable Balance Updated Sep 1, 2011 Original Balance $10,897 Monthly Payment Past Due Amount Highest Balance Terms 60 Months Responsibility Joint Account • Your Statement Comments Summary Accounts (Closed) Collections Inquiries Public Records Credit Score Page 12 of 32 CHRISTOPHER J LEMBO - Experian , CVcpenan.. Date of Report: Sep 6, 2018 ui AMERIHOME MTG CO, LLC 300008)00000 Closed ( ACCOUNT DETAILS CONTACT INFORMATION Account Name AMERIHOME MTG CO, LLC 21300 VICTORY BLVD STE 2 WOODLAND HILLS, CA 91367 Account# 300008XXXXXXX (855) 501-3035 Original Creditor PAYMENT HISTORY Company Sold 2017 2016 Jan Feb Mar Apr Jan Feb Mar Apr Account Type Conventional Real Estate Loan, Including Purchase D ODD Money First MayJun Jul Aug May Jun Jul Aug Date Opened Mar 1, 2016 Sep Oct Nov Dec Sep Oct Nov Dec Account status Closed ❑ ❑ ❑ Payment status Account transferred to another office 0 t -C 120+ Days Late G2J 30 Days Late Failed to Pay status Updated Sep 1, 2017 G2J6o Days Y WNegative Balance 90 Days Late 0 Data Unavailable Balance Updated Sep 5, 2017 Original Balance $512,000 Monthly Payment Past Due Amount Highest Balance Terms 360 Months Responsibility Joint Account Your statement Comments Transferred to another lender or claim purchased Summary Accounts (Closed) Collections Inquiries Public Records 0 -eclit Score Page 13 of 32 CHRISTOPHER J LEMBO - Experian • .aeXperian„ Date of Report: Sep 6, 2018 9 BK OF AMER Closed XX ACCOUNT DETAILS CREDIT USAGE Account Name BK OF AMER No Credit Usage You have no account balance. Keeping your account Account# XX 0% balances as low as possible can have a positive Original Creditor impact on your credit. Company Sold CONTACT INFORMATION Account Type Check Credit Or Line Of Credit PO BOX 982238 Date Opened May 1,1998 EL PASO,TX79998 (800) 421-2110 Account Status Closed PAYMENT HISTORY Payment Status Current 2010 2009 2008 Status Updated Feb 1, 2010 Jan Feb Mar Apr Jan Feb Mar Apr Jan Feb Mar Apr DD DODO Balance $0 May Jun Jul Aug May Jun Jul Aug May Jun Jul Aug DODO DD Balance Updated Feb 5, 2010 Se Oct Nov Dec Sep Oct Nov Dec Sep Oct Nov Dec D ODO Credit Limit $6,100 2007 2006 2005 Monthly Jan Feb Mar Apr Jan Feb Mar Apr Jan Feb Mar Apr Payment DODO DODO DODO May Jun Jul Aug May Jun Jul Aug May Jun Jul Aug Past Due DODO DODO DODO Amount Sep Oct Nov Dec Sep Oct Nov Dec Sep Oct Nov Dec Highest Balance $1,901 DODO ODDO DODO Terms Revolvin 2004 2003 9 Jan Feb Mar Apr Jan Feb Mar Apr Responsibility Individual DODO DODO May Jun Jul Aug May Jun Jul Aug Your Statement DODO DODO Sep Oct Nov Dec Sep Oct Nov Dec Comments Credit line closed-consumer request-reported by DODO DODO subscriber OK 120+ Days late 30 Days late Failed to Pay G D60 Days late G!)Negative 90 Dayslate 0 Data Unavailable Summary Accounts (Closed) Collections Inquiries Public Records Credit Score Page 14of32 CHRISTOPHER J LEMBO - Experian 8 Me Date of Report: Sep 6, 2018 .. expenan.. CHASE MTG Closed 465195)0IX0XXX ACCOUNT DETAILS CONTACT INFORMATION Account Name CHASE MTG PO BOX24696 COLUMBUS, OH 43224 Account# 465195XXXXXXX (800) 848-9136 Original Creditor PAYMENT HISTORY Company Sold 2014 2013 2012 Jan Feb Mar Apr Jan Feb Mar Apr Jan Feb Mar Apr Account Type Conventional Real Estate Loan, Including Purchase 8 8 8 8 8 8 8 8 Money First May Jun Jul Aug May Jun Jul Aug May Jun Jul Aug Date Opened Apr 1, 2011 Sep Oct Nov Dec Sep Oct Nov Dec Sep Oct Nov Dec Account Status Closed 2011 Payment Status Paid satisfactorily Jan Feb Mar Apr DODO Status Updated Nov 1, 2014 May Jun Jul Aug Balance O D Sep Oct Nov Dec Balance Updated Nov 30, 2014 8 8 Original Balance $354,356 . 120+ Days Late Monthly 30 DaysLate Failed to Pay Payment 60 Days Late G!INegative G! )go Days Late 0 Data Unavailable Past Due Amount Highest Balance Terms 360 Months Responsibility Joint Account Your Statement Comments • Summary Accounts (Closed) Collections Inquiries Public Records o• edit Score •tttnc• /hi ca aurtariat, r nm A Page 15 of 32 CHRISTOPHER J LEMBO - Experian .II la Date of Report: Sep 6, 2018 . expenan.. !1 CHASE MTG Closed 156301)000000C ACCOUNT DETAILS CONTACT INFORMATION Account Name CHASE MTG PO BOX24696 COLUMBUS, OH 43224 Account# 156301XXXXXXX (800) 848 -9136 Original Creditor PAYMENT HISTORY Company Sold 2011 2010 2009 Jan Feb Mar Apr Jan Feb Mar Apr Jan Feb Mar Apr Account Type Conventional Real Estate Loan, Including Purchase Money First May Jun Jul Aug May Jun Jul Aug May Jun Jul Aug Sep DODO Date Opened - Nov 1, 2007 Oct Nov Dec Sep Oct Nov Dec Sep Out Nov Dec Account Status Closed 0 D D 2008 2007 Payment Status Paid satisfactorily Jan Feb Mar Apr Jan Feb Mar Apr ODDO Status Updated Apr 1, 2011 May Jun Jul Aug May Jun Jul Aug Balance D DODO Sep Oct Nov Dec Sep Oct Nov Dec Balance Updated Apr 30, 2011 D D Original Balance $352,000 OK 120+ Days Late Monthly 30 Days Late Failed to Pay Payment 60 Days Late ONegative Past Due 90DaysLate 0 Data Unavailable Amount Highest Balance Terms 360 Months Responsibility Joint Account Your Statement Comments Summary Accounts (Closed) Collections Inquiries Public Records credit Score Page 16 of 32 1. CHRISTOPHER J LEMBO - Experian . I I eXperian.. Date of Report: Sep 6, 2018 III FREEDOM ROAD FINANCIAL Closed 20110210(1(70000 ACCOUNT DETAILS CONTACT INFORMATION Account Name FREEDOM ROAD FINANCIAL 10509 PROFESSIONAL CIR S RENO, NV 89521 Account# 201102XXXX)X)0( (775) 851 -2833 Original Creditor PAYMENT HISTORY Company Sold 2012 2011 Jan Feb Mar Apr Jan Feb Mar Apr Account Type Recreational Merchandise ODDO DOD May Jun Jul Aug May Jun Jul Aug Date Opened Feb 1, 2011 DODD Sep Oct Nov Dec Sep Oct Nov Dec Account Status Closed O D () Payment Status Paid satisfactorily O 1 - 120+ Days Late Status Updated Dec 1, 2012 30 DaysLate @Failed toPay Balance 60 DaysLate G!)Negative 90 DaysLate 0 Data Unavailable Balance Updated Dec 4, 2012 Original Balance $8,281 Monthly Payment Past Due Amount Highest Balance Terms 60 Months Responsibility Individual Your Statement Comments Summaly Accounts (Closed) Collections Inquiries Public Records Credit Score Page 17 of 32 CHRISTOPHER J LEMBO - Experian 1!1. Date of Report: Sep 6, 2018 experian . . TD AUTO FINANCE 110005)() {)O {. Closed ACCOUNT DETAILS CONTACT INFORMATION Account Name TD AUTO FINANCE PO BOX9223 FARMINGTON HILLS, MI 48333 Account# 110005XXXX (800) 955-9096 Original Creditor PAYMENT HISTORY Company Sold 2015 2014 2013 Jan Feb. Mar Apr Jan Feb Mar Apr Jan Feb Mar Apr Account Type Auto Loan O DO May Jun Jul Aug May Jun Jul Aug May Jun Jul Aug Date Opened Jul 1, 2011 n I I Sep Oct Nov Dec Sep Oct Nov Dec Account Status Closed ❑ ❑ ND ❑ V ❑ Payment Status Paid satisfactorily 2012 2011 Jan Feb Mar Apr Jan Feb Mar Apr Status Updated Jan 1,2015 DODO May Jun Jul Aug May Jun Jul Aug Balance D D • Sep Oct Nov Dec Sep Oct Nov Dec Balance Updated Jai, 2015 Original Balance $34,182 Monthly Payment OK 120+ Days late 30 DaysLate Failedto Pay Past Due Amount /- 60DaysLate G]Negative Highest Balance GL rr J90 Days late 0 Data Unavailable Terms 72 Months Responsibility Individual Your Statement Comments • Summary Accounts {Closed) Collections Inquiries Public Records Ctedit Score Page 18 of32 CHRISTOPHERJLEMBO - Experian r I!J Date of Report: Sep 6, 2018 ! expe ri a n . !II US BANK 512203)0:X Closed ACCOUNT DETAILS CONTACT INFORMATION Account Name US BANK PO BOX 5227 CINCINNATI, OH 45201 Account# 512203)00( {800) 331-4738 Original Creditor PAYMENT HISTORY Company Sold 2012 2011 2010 Jan Feb Mar Apr Jan Feb Mar Apr Jan Feb Mar Apr Auto Account Type Loan @12!112!I@ 12412!11211 12!1 1211 12!112!112!1@ O May O Jul Aug May Jun Jul Aug May Jun Jul Aug Date Opened Feb 1, 2009 Sep Oct Nov Dec Sep Oct Nov Dec Sep Oct Nov Dec Account Status Closed 0 D D ❑ Payment Status Paid satisfactorily 2009 Jan Feb Mar Apr Status Updated May 1,2012 012!112!I@ May Jun Jul Aug Balance (12!112!1@ Sep Oct Nov Dec Balance Updated May 31,2012 @121112!!@ Original Balance $12,232 Monthly Payment OK @120+ Days Late 30 Days Late �+ Failed to Pay Past Due Amount 60 Days Late Gu Negative Highest Balance 90 Days Late 0 Data Unavailable Terms 54 Months Responsibility Joint Account Your Statement • Comments Summary Accounts (Closed) Collections Inquiries Public Records Credit Score Page 19 of 32 CHRISTOPHER J LEMBO - Experian o Date of Report: Sep 6, 2018 °experian. WELLS FARGO BANK AUTO Closed 502374XXXXXX)(J0(JO( ACCOUNT DETAILS CONTACT INFORMATION Account Name WELLS FARGO BANK AUTO PO 60X29704 PHOENIX, AZ 85038 Account# 502374 (800) 559 -3557 Original Creditor PAYMENT HISTORY Company Sold 2009 2008 2007 Jan Feb Mar Apr Jan Feb Mar Apr Jan Feb Mar Apr Account Type Auto Loan @ D O @ @@ D O D D May Jun Jul Aug May Jun Jul Aug May Jun Jul Aug Date Opened May 1, 2007 DODD Sep Oct Nov Dec Sep Oct Nov Dec Sep Oct Nov Dec Account Status Closed DODO Payment Status Paid satisfactorily < ' 20+ Days Late Status Updated Feb 1, 2009 G:2J30 Da Late Failed to Pay Balance 60 Days Late G!INegative 90 Days Late 0 Data Unavailable Balance Updated Feb 28, 2009 Original Balance $15,590 Monthly Payment Past Due Amount Highest Balance Terms 72 Months Responsibility Joint Account Your Statement Comments Summa l y Accounts (Closed) Collections Inquiries Public Records o -ecJit Score Page 20 of32 CHRISTOPHER J LEMBO - Experian expen • an. Date of Report: Sep 6, 2018 WELLS FARGO BANK NV NA Closed 650650XXJ00000(X)X ACCOUNT DETAILS CREDIT USAGE Account Name WELLS FARGO BANK NV NA Unknown Credit Usage Credit usage could not be calculated for this account Account# 650650 }:}OCXXXXXX N/A because either the balance and/or credit limit were not Original Creditor reported. Company Sold CONTACT INFORMATION Account Type Home Equity Line Of Credit - Revolving Terms PO BOX 31557 Date Opened Nov 1, 2007 BILLINGS, MT 59107 (800) 245-8936 Account Status Closed PAYMENT HISTORY Payment Status Paid satisfactorily 2015 2014 2013 Status Updated Jan 1, 2015 Jan Feb Mar Apr Jan Feb Mar Apr Jan Feb Mar Apr ODO G!) G!) G!)G!) Balance May Jun Jul Aug May Jun Jul Aug May Jun Jul Aug ODDO G!)G!) G!) G!) G!) Balance Updated Jan 31, 2015 Sep Oct Nov Dec Sep Oct Nov Dec Sep Oct Nov Dec . Credit Limit $27,204 DODO DE) 2012 2011 2010 Monthly Jan Feb Mar Apr Jan Feb Mar Apr Jan Feb Mar Apr Payment May Jun Jul Aug May Jun Jul Aug May Jun Jul Aug Past Due Amount Sep Oct Nov Dec Sep Oct Nov Dec Sep Oct Nov Dec Highest Balance $23,637 G!)G!) G!) G!)G!) G!) Terms Revolving 2009 2008 9 Jan Feb Mar Apr Jan Feb Mar Apr Responsibility Joint Account G!)G!) OG!J G!J May Jun Jul Aug May Jun Jul Aug Your Statement Sep Oct Nov Dec Sep Oct Nov Dec Comments Credit line closed- consumer request- reported by subscriber O E -. 120 +Days Late 30 DaysLate FailedtoPay T 60DaysLate G]Negative GZJ 90 Days Late 0 Data Unavailable Summa,y Accounts (Closed) Collections Inquiries Public Records Cirreclit Score Page 21 of 32 CHRISTOPHER J LEMBO - Experian ' 11 Date of Report: Sep 6, 2018 '�xpenan. e Collections No collection accounts Summa,y Accounts Collections Inquiries Public Records Credit Score Page 22 of 32 CHRISTOPHER J LEMBO - Experian Date of Report: Sep 6, 2018 .. experian. 1!I Inquiries No inquiries • Summary Accounts Collections Inquiries Public Records Credit Score Page 23 of 32 CHRISTOPHER J LEMBO - Experian 1t o - Date of Report: Sep 6, 2018 xpenan. ill Public Records No public records • Summaly Accounts Collections Inquiries Public Records Credit Score Page 24 of32 CHRISTOPHERJLEMBO - Experian • ilile • Date of Report: Sep 6, 2018 •• expenan„ Credit Score Learn More about FICO • Scores/ •. \ Your score is well above the average score of U.S. consumers and clearly demonstrates to lenders CC ,% that you are an exceptional borrower. 0I:!. 300 FICO• SCOREB Experian data 9/06/2018 850 What's helping your score? What's hurting your score? 0 No Missed Payments You have no negative factors impacting your Score. You have no missed payments on your credit accounts. Numberof your accounts with a missed payment or derogatory description 0 accounts The FICO• Score evaluates if there are any missed payments being reported. Staying current and paying bills on time demonstrate lower credit risk. About 98% of FICO High Achievers® have no missed payments at all. But of those who do, the missed payment happened nearly 4 years ago, on average. 0 Recent Credit Card Usage You've shown recent use of credit cards and /or open -ended accounts. FICO• Scores evaluate the mix of credit cards, installment loans® and mortgages. People who demonstrate recent and responsible use of credit cards and /or open -ended accounts • ® are generally considered less risky to lenders. 0 Not Seeking Credit You're not actively looking for credit. Your applications for credit in the past year 0 inquiries Each time a person applies for credit, a credit inquiry is usually added to your credit report. Your credit report shows relatively few or no recent credit inquiries, which indicates that you are not actively looking for credit. People who are rth,olV <;;:AOldnr, rra_rlit nnc:a. mnra. nfp,ric:k t0 londe:irc :::: th n Summa,y Accounts Collections Inquiries Public P. ecords Credit Score About 70% of FICO High Achievers® did not applyfor credit in the pastyear. Page 25 of32 CHRISTOPHER J LEMBO - Experian t 2'a Date of Report: Sep 6, 2018 ! expe ria n.. Credit Score What's helping your score? What's hurting your score? O You have no negative factors impacting your Score. Substantial Installment Loan Repayment Your balances on mortgage and /or non - mortgage installment loans are low or substantially paid off. Percentage of principal you have paid down on your open non - mortgage installment loans. 31% FICO• Scores evaluate the total outstanding installment loan ® balances in relation to the original loan amounts on those accounts. Having made substantial payments on mortgage and /or non - mortgage installment loans is seen as lower risk. As installment loan balances decrease, they have less impact on a FICO•Score. Note. consolidating or moving debt from one account to another will usually not help a FICO. Score since the same total amount is owed and the score may go down due to opening a newaccount. FICO High Achievers® have paid down an average of 40% of the principal on their non - mortgage installment loans. Summa 1 y Accounts Collections Inquiries Public Records Credit Score Page 26 of32 CHRISTOPHER J LEMBO - Experian : e kpen ' an.. Date of Report: Sep 6, 2018 FICO® Score 2 FICO® SCORE 2 Good V et y O. Coo 1 d This is a previous FICO' Score version used primarily in mortgages lending. It may also be used by some lenders for other credit product application evaluations (such as credit cards, FICOS Score 2 personal loans, retail credit, student 300 Expedan data 9/06/2018 850 loans, etc.). Learn More about FICO "sco res) tnc•Thica axnprian rnm/ What's harming your score? 8 High Account Balances The balances on your non - mortgage credit accounts are too high. The FICO• Score considers how much is owed on credit accounts, such as credit cards and non - mortgage loans. Generally, people who owe higher amounts pose a greater risk to lenders. 8 Short Revolving History You have not established a long revolving and /or open -ended account credit history. People with longer credit histories who infrequently open new accounts generally pose less risk to lenders. In your case, the age of your oldest revolving and /or open -ended account® and /orthe average age of your revolving and /or open -ended accounts is relatively low. Summary Accounts Collections 8 High Credit Usage You've made heavy use of your available revolving credit. The FICO• Score evaluates balances in relation to available credit on revolving accounts ®- The extent of a person's credit usage is one of the most important factors considered by a FICO• Score. People who keep their ratio of balances to credit limits lower are generally considered less risky to lenders than those with higher ratios. Note, consolidating ormoving debtfrom one account to another will usually notchangethetotal amount owed. Inquiries Public Records Credit Score oit::.i')Ql Q Page 27 of32 CHRISTOPHER J LEMBO - Experian .I!BQ Date of Report: Sep 6,2018 .. expen III FICO® Auto Score 8 • FICO® AUTO SCORE 8 f . £ This is a FICO' Score version customized o -o for auto lending. Many banks, auto dealers and other lenders use this o m version when pulling your credit report FIC01' Auto Score 8 based on Experian data. 250 Experian data 9/06/2018 900 Leam More about FICO • Scores) What's harming your score? ,ttvscl•nylon ovrtcrinr. n,xm 0 High Credit Usage You've made heavy use of your available revolving credit. The FICO. Score evaluates balances in relation to available credit on revolving accounts() The extent of a person's credit usage is one of the most important factors considered by a FICO• Score. People who keep their ratio of balances to credit limits lower are generally considered less risky to lenders than those with higher ratios. Note, consolidating or moving debt from one account to another will usually not change the total amount owed. 0 Few Accounts Paid On Time You have few accounts that are in good standing. The FICO• Score considers the number of accounts showing on time payments. In your case this number is too low either because you have very few accounts or you've missed payments recently on some of your accounts or have accounts with derogatory indicators® reported. Summa,y Accounts Collections 0 Loan Balances The remaining balance on your mortgage or non- mortgage installment loans is too high. FICO• Scores weigh the balances of mortgage and non - mortgage installment loans (such as auto or student loans) against the original loan amounts. In general, when an installment loan® is first obtained the balance is high. As the loan is paid down, the balance decreases. As installment loan balances decrease, they have less impact on a FICO• Score. Note, consolidating or moving debt from one account to another will usually not help a FICO• Score since the same total amount is owed and the score may go down due to opening a new account. 0 Consumer Finance Accounts You have a consumer finance account on your credit report. The presence of a consumer finance company loan on a credit report generally represents a higher risk to lenders compared to having no consumer finance company loans reported. Even if this account is reported as closed, it can still impact the score. Inquiries Public Records Credit Score O/.<:/')Oi Q Page 28 of32 CHRISTOPHER J LEMBO - Experian !il!o Date of Report: Sep 6, 2018 experian. Im FICO® Auto Score 2 Go Od FICO® AUTO SCORE 2 •1 oq 7 9 �. This is a previous FlCO •Scoreversion u s customized for auto lending. Many banks, auto dealers and other lenders FICOS Auto soon 2 use this version when pulling your credit 250 Experian data 9/06/2018 900 report based on Experian data. Learn More about FICO' Scores1 What's harming your score? 8 High Revolving Balances 8 Short Revolving History The amount owed on your revolving and /or open -ended You have not established a long revolving and /or open -ended accounts is too high. account credit history. FICO• Scores evaluate howmuch is owed on revolving and /or People with longer credit histories who infrequently open new open -ended accounts®, such as credit cards. Generally, the accounts generally pose less risk to lenders. In your case, the more owed on these accounts, the greater the risk posed to age of your oldest revolving and /or open -ended account® lenders. and /or the average age of your revolving and /or open -ended Note, consolidating or moving debtfrom one accountto accounts is relatively low. another will usually not change the total amount owed. 8 High Credit Usage 8 High Account Balances You've made heavy use of your available revolving credit. The balances on your non - mortgage credit accounts are too The FICO• Score evaluates balances in relation to available high. credit on revolving accounts®• The extent of a person's The FICO• Score considers how much is owed on credit credit usage is one of the most important factors considered accounts, such as credit cards and non - mortgage loans. by a FICO• Score. People who keep their ratio of balances to Generally, people who owe higher amounts pose a greater credit limits lower are generally considered less risky to risk to lenders. lenders than those with higherratios. Note, consolidating or moving debt from one account to another will usually not change the total amount owed. Summaly Accounts Collections Inquiries Public Records Credit Score Page 29 of32 CHRISTOPHER J LEMBO - Experian i ! exp a ri a n . Date of Report: Sep 6, 2016 Ell FICO® Bankcard Score 8 need FICO® BANKCARD SCORES 0" " •. o ' s This is a FICO' Score version that is �. ' .o c customized for credit card lending. Many o'= credit card Issuers use this version when FICQ:. Bankcard Score 8 pulling your credit report based on 250 Experian data 9/06/2018 900 Experian data. What's harming your score? 0 High Credit Usage 0 Loan Balances You've made heavy use of your available revolving credit. The remaining balance on your mortgage or non - mortgage The FICO• Score evaluates balances in relation to available installment loans is too high. credit on revolving accounts®• The extent of a person's FICO• Scores weigh the balances of mortgage and non- credit usage is one of the most important factors considered mortgage installment loans (such as auto or student loans) by a FICO• Score. People who keep their ratio of balances to against the original loan amounts. In general, when an credit limits lower are generally considered less risky to installment loan® is first obtained the balance is high. As lenders than those with higherratios. the loan is paid down, the balance decreases. Note, consolidating or moving debt from one accountto As installment loan balances decrease, they have less impact another will usually not change the total amount owed. on a FICO• Score. Note, consolidating or moving debt from one account to 0 Accounts With Balances another will usually not help a FICO• Score since the same total amount is owed and the score may go down due to You have too many credit accounts with balances. opening a new account. The FICO• Score considers the number of accounts on a credit report showing a balance. O Few Accounts Paid On Time Generally speaking, carrying fewer accounts with balances is considered less risky. You have few accounts that are in good standing. Your credit report may show a balance on credit cards even if The FICO• Score considers the number of accounts showing they're paid in full each month. The total balance of the last on time payments. In your case this number is too low either statement is typically the amount shown on a credit report. because you have very few accounts or you've missed payments recently on some of your accounts or have accounts with derogatory indicators® reported. Summaly Accounts Collections Inquiries Public Records Credit Score Page 30 of32 €l CHRISTOPHER J LEMBO • Experian .. experian.. Date of Report: Sep 6, 2018 1ii FICO® Score 3 Good /, FICO® SCORE 3 ,N,,,,,, This is a previous FICO' Score version i i: f '� used primarily in credit card lending. 11 may also be used by some lenders for 9. other credit product application FICOB Score 3 s evaluations (such as credit cards, 300 Experian data 9/06/2018 850 personal loans, retail credit, student loans, etc.). Learn More about FICO• score4 What's harming your score? 8 8 High Revolving Balances 8 High Credit Usage The amount owed on your revolving and /or open -ended You've made heavy use of your available revolving credit. accounts is too high. The FICO• Score evaluates balances in relation to available FICO• Scores evaluate how much is owed on revolving and /or credit on revolving accounts®• The extent of a person's open -ended accounts®, such as credit cards. Generally, the credit usage is one of the most important factors considered more owed on these accounts, the greater the risk posed to by a FICO• Score. People who keep their ratio of balances to lenders. credit limits lower are generally considered less risky to Note, consolidating or moving debt from one account to lenders than those with higherratios. another will usually not change the total amount owed. Note, consolidating or moving debt from one account to another will usually not change the total amount owed. 8 Loan Balances The remaining balance on your mortgage or non - mortgage Consumer Finance Accounts installment loans is too high. You have a consumer finance account on your credit report. FICO• Scores weigh the balances of mortgage and non. The presence of a consumer finance company loan on a mortgage installment loans (such as auto or student loans) credit report generally represents a higher risk to lenders against the original loan amounts. In general, when an compared to having no consumer finance company loans installment loan® is first obtained the balance is high. As reported. Even if this account is reported as closed, it can still the loan is paid down, the balance decreases. impact the score. As installment loan balances decrease,theyhave less impact on a FICO•Score. Note, consolidating or moving debt from one account to another will usually not help a FICO• Score since the same total amount is owed and the score may go down due to opening a newaccount. Summaly Accounts Collections Inquiries Public Records Credit Score Page 31 of32 CHRISTOPHER J LEMBO- Experian • in Date of Report: Sep 6, 2018 pe FICO® Bankcard Score2 FICO® BANKCARD Good 9° �C SCORE2 o, o 411 n This is a previous FICO• Score version that is customized for credit card lending. Many credit card issuers use FICOII Bankcard Score 2 this version when pulling your credit 250 Experian data9 /06/2018 900 report based on Experian data. ,-.1^1 a What's harming your score? 8 High Account Balances The balances on your non - mortgage credit accounts are too high. The FICO. Score considers how much is owed on credit accounts, such as credit cards and non - mortgage loans. Generally, people who owe higher amounts pose a greater risk to lenders. 8 High Revolving Balances The amount owed on your revolving and /or open -ended accounts is too high. FICO• Scores evaluate how much is owed on revolving and/or open -ended accountsCV, such as credit cards. Generally, the more owed on these accounts, the greater the risk posed to lenders. Note, consolidating ormoving debtfrom one accountto another will usually not change the total amount owed. Summary Accounts Collections 8 Short Revolving History You have not established a long revolving and /or open -ended account credit history. People with longer credit histories who infrequently open new accounts generally pose less risk to lenders. In your case, the age of your oldest revolving and /or open -ended account CV and /or the average age of your revolving and /or open -ended accounts is relatively low. 8 High Credit Usage You've made heavy use of your available revolving credit. The FICO• Score evaluates balances in relation to available credit on revolving accounts CV. The extent of a person's credit usage is one of the most important factors considered by a FICO• Score. People who keep their ratio of balances to credit limits lower are generally considered less risky to lenders than those with higher ratios. Note, consolidating or moving debt from one account to another will usually not change the total amount owed. Inquiries Public Records Credit Score on (1')01 Q Page 32 of32 CHRISTOPHER JLEMBO• Experian .111., Date of Report: Sep 6, 2018 .. expen an„ a Disclaimer Disclaimer AboutyourFlCO®Score 8orotherFlCOScores YourFI CO'Score 8 powered byExperian data isformulated usingtheinformation i nyourcreditfile atthetime itis requested. Many butnotall lenders use FICO'Score 8. I nadditiontothe FICO'Score8, wemayofferand provide otherbaseorindustry- specific Fl CO •Scares (such as FICO'Auto Scores and FICO' Bankcard Scores).The other Fl CO' Scores made available are calculated from versions of the base and industry- specific FICO' Score models. Base Fl CO' Scores (including the Fl CO' Score 8) range from 300 to 850. Industry- specific FICO• Scores range from 250 -900. Higher scores represent a greater likelihood that you'll pay back you rdebts so you are viewed as being a lowercredit riskto lenders. A lower FICO•Score indicates to lendersthatyou may be a highercredit risk. There are many scoring models used in the marketplace. The type of score used, and its associated risk levels, may vary from lender to lender. But regardless of what scoring model is used,theyall have one purpose:to summarize yourcreditworthiness. Keep in mind thatyourscore isjustonefactorused i nthe application process. Other factors, such as your annual salary and length of employment, may also be considered by lenders when you apply fora loan. What this means to you: Credit scoring can help you understand your overall credit rating and help companies better understand how to serve you. Overall benefits of credit scoring have included fastercreditapprovals, reduction in human errorand bias, consistency, and betterterms and ratesforAmerican consumers through reduced costs and losses for lenders. Yourlenderorinsurermay use adifferent FICO•Scorethan FICO'Score8 orotherbase orindustry- specific FICO Scores provided by us, ordifferentscoring models to determine how you score. Christopher J. Lembo 1607 Laird St Key West, FL 33040 (305) 394 -0093 cell Email: Clembo@Keysdigital.com Keysdigital.com Professional Experience Tropical Watersports, LLC -Owner Nov 2009 to present Key West, Florida • Chair and umbrella rental business on Higgs Beach • Rental business providing lounge chairs, umbrellas, kayaks, paddle boards, concierge services. • Retail sales of beach supplies (masks and snorkels, towels, sunblock) • Sales of jet ski tours, snorkel trips and other watersports activities • Referral services for land based activities (restaurants, museums etc) • 1 full time employee 1 part time employee • All aspects of business operation from daily set up of chairs and umbrellas to financial statement and tax prep. Repairing broken equipment Independent Insurance Adjuster March 2005 -Sept 2015 Key West, Florida • Florida Resident Independent Claims Adjuster All Lines License • Florida ACA designation • Loss inspections and restoration estimates for residential losses • NFIP flood workshop 2009 Flood Certified • Substantial knowledge of Exactimate estimating software. • Umpire workshop 2009 • Territoly from Key West to Homestead, FL • Stopped adjusting due to medical issues Incognito Light Tackle SportflShillg, Key West, Fl December 2002 -Sept 2015 Owner /Operator- Fishing Charter Boat • US Coast Guard licensed charter captain • Light tackle fishing charters - full, % and 1/2 day trips. • Contender 27 fully equipped for fly and light tackle fishing • Specialize in offshore fishing for Dolphin, Sailfish, Swordfish and reef fishing for Grouper and Snapper. • Stopped chartering due to medical issues Global Financial Services, San Francisco, Ca Consultant June 2001- October 2002 Consulting services for bank, trust company and financial institution acquisitions. Data transfer projects for financial accounting systems. Training of personnel for bank financial accounting systems. Projects: SE/ Trust Company, Oaks, Pa March 2002 - October 2002 • Developed daily, weekly, monthly and annual processing procedures for Employee Benefit Plan outsourcing product. • Provided training to new and existing staff • Developed reports to improve and analyze exceptions and processing • Developed reports for required financial filings • Review and correct high profile accounts • Re- certified 500+ 2001 annual Dept. of Labor 5500 filing statements M & T Bank, Altoona, Pa &Buffalo, NY December 2001 - Jamiary 2002 • Provided comprehensive Employee Benefit Reporting training for SEI EBR conversion • Developed EBR daily, weekly, monthly, annual processing procedures • Developed reports to analyze exceptions to EBR processing • Developed new internal RDEF's and corrected production RDEF's • Created EBR related procedures for Mutual Fund Processing, Income Collections, Asset Set -Up and Corporate Actions HSBC USA- Buffalo, NY July 2001- October 2001 • Oversaw daily EBR processing for 1500 accounts • Trained new staff on EBR processing • EBR installation for merger, which included reviewing current system specs, receipt /disbursement code mapping, minor asset class mapping, RDEF spec's, accumulator programming, EBR system processing code mapping, testing. • Set up manuals and references for system installation. Investor's Bank and Trust Company- Boston, Ma April 1999 -June 2001 Senior Manager • Managed Employee Benefit Plan Reporting for pension, 401 (k), endowments and public retirement plans • Managed and developed SEI EBR accounting and reporting system • Reorganized and staffed dept. of 36 trust accountants to increase efficiency and productivity • Created overall dept. documentation including mission statement, corporate vision, policies and procedures, budget. • Managed initial acquisition, 2 subsequent mergers and 2 integrations • Created databases to track workloads, measure production and measure vendor performance • Created business recovery plan • Developed and implemented inter - departmental processing improvements and enhanced inter- departmental communication through creation of department interactive web page "' Participated in customer presentations and acted as technical resource for customer issues and RFP process "' Developed ERISA training, industry training and EBR system training for bank wide training group Created "best practices" to bring consistency to trust processing and created infrastructure systems for task tracking " Implemented and programmed DOL 1999 5500 changes "' Developed bar coding for trust statements Developed Performance Measurement processing improvements and reviewed initial conversions and ongoing review and processing for 10 large endowments State Street Bank and Trust Company Assistant Vice President- Corporate Trust July 1997 -April 1999 "' Managed all aspects of product delivery for portfolio of over 250 bond trusts with over $13 billion in outstanding bonds and $3 billion in bond proceeds under management "' Negotiated and administered complex legal documents for bond financings c Managed proceeds of bond issues with respect to investments c Manage distribution of bond proceeds within project plans. c Specialized in corporate convertible, variable rate demand obligations, housing bonds, Eurodollar bonds, Mortgage Backed Securities and Collateralized Debt Obligations. "' Effectively worked with public finance dept. to develop VRDO program "' Managed daily workloads of two administrators "' Monitored compliance with debt covenants and securities regulations c Effectively developed and managed business relationships "' Managed initial business conversions during acquisition and 2 mergers c System de- conversion from SEI to in -house system and from in -house back to SEI c Documentation review for successor trustee on acquired business Fleet National Bank, Providence, RI Assistant Vice President- Corp. Trust - Shareholder Services March 1993- June 1997 "' Same duties and responsibilities as above as well as: Significant development of Escrow Agent Services Product "' Pricing and risk assessment of new business In Drafting RFP responses Coordinated exchanges and swaps for equity issues 1u Member of compliance committee, new business committee, strategic planning team Conversion of business during acquisitions • Preparation for exit from business line Fleet Securities- Providence, RI Trading and Underwriting Operations December 1990 - March 1993 • Oversaw all aspects of Fleet's Providence municipal underwriting and trading operations group c Daily reconciled $500 million DDA account r, Controlled G/L and operating cash flow ® Developed model for calculation of daily capital needs ,r; Responsible for IRS repmting and NASD and MSRB compliance • Participated in initial Sungard conversion Merril Lynch, Inc. - Providence, RI Operations Controller March ]989 -June 1990 * Ensured timely execution of all securities traded through Providence, RI sales team • Reconciled executed orders • NASD and SEC compliance PaineWebber, Inc- Weehawken, NJ Staff Auditor May 1988 - December 1988 • Perfonned operational and compliance audits on branch offices * Created reports for pre -audit research • Reviewed branch record - keeping, operational procedures and security positions • Prepared management repolis and made recommendations for improving problem areas Technical • Extensive knowledge ofSEI, SEI EBR, SEI PBS, Excel, Word and various mainframes • Extensive knowledge ofDOL 5500 Schedule H reporting requirements • Canon Corporate Trust I, II, III and ABA Celiified Corporate Trust Specialist * Knowledge of PowerClaim and Exactimate estimating programs * Enrolled in Coast Guard/DOL random substance testing program (requirement for licensure) • State of Florida Accredited Claims Adjuster designation • Florida Resident Insurance Adjuster All Lines Licensed • Wind Umpire Certification workshop 2009 • NFIP flood workshop 2009 • US Coast Guard OUPV Licensed Education Moses Brown School- Providence, RI College Prep - September 1982 -May 1984 Syracuse University- Syracuse, NY Economics /Finance- Sept. 1985 -May 1989 TAB 3 Compatibility of proposed merchandise and services with other vendors I have been providing the proposed concession services and merchandise since 2009 and the operation of Tropical Watersports is complimentary to the other vendors on Higgs Beach. Salute restaurant is one of the vendors on Higgs Beach that benefits from the operations of Tropical Watersports. Food and beverage services are available at Salute and Tropical Watersports does not interfere or duplicate those services. On many occasions I have had conversations with Richard Hatch regarding the importance of Salute and Tropical Watersports to the amenities available at Higgs Beach. We both work off of each other and can be described as complimentary services. I keep copies of Salute menus for Tropical Watersports' customers to review prior to deciding on their lunch plans. The vast majority choose Salute for their lunch and on a daily basis at least 75% of Tropical Watersports customers visit Salute and make a purchase. Occasionally when we have customers that have returned to Tropical Watersports 4 or 5 days in a row they decide to go elsewhere or order delivery. Tropical Watersports customers also make purchases of coconuts and Paletas from Paradise Paletas and we also recommend their product. Being able to rent chairs, umbrellas, a kayak, purchase a snorkel to snorkel around the old pier pilings and then head over to Salute to enjoy a meal and a drink and talk about our paradise is a normal day to day occurrence for visitors to Higgs Beach. TAB 4 Compatibility with Higgs Beach Master Plan Compatibility of proposed operations with Higgs Beach Master Plan I purchased Tropical Watersports just in time to be involved in the Master Plan for the park. I listened to the entire proposal and reviewed the requested service list that the public provided. Since that time we have operated and developed Tropical Watersports to be precisely in line with the needs of the Park as outlined in the Master Plan. The only amenity I decided not to pursue is sailboat rentals. That request was very low on the list and the demand is filled by other providers located close by. The main reason for this was that Higgs Beach is a no motor zone. I could not responsibly rent a sailboat to a customer and not have a means of retrieval should there be a problem. The public stated its needs and desires for the Park and Tropical Watersports provides everything requested. We are a green business. We are in the process of upgrading to a small solar grid to power our battery drills needed to dig the umbrella holes. We take conservation seriously and keep the beach clean and free from trash daily. We enjoy the natural aspect of the park and partake in turtle releases and understand and inform customers about our ecosystem. Tab 5 Potential Revenue to The County Potential Revenue to Monroe County Based on historical operations and clear understanding of the seasonality of Key West, weather, environmental factors, anticipated construction and the customer base, Tropical Watersports can offer the following: Monthly fixed rent $500 plus applicable sales taxes. In advance on first of month Monthly% of revenue 7.5% of revenue (sales taxes not considered revenue) plus applicable sales taxes. Payable in arrears with next monthly fixed payment due. Tropical Watersports can offer a guaranteed minimum of 10.125% of annual revenue to the county. This is total and not in addition to the above. Plus applicable sales taxes. Payable within 30 days of end of year. Based on the past 3 years of business a dollar amount of guarantee is not reasonable as costs have increased while revenue has remained very inconsistent. A 10.125% total minimum revenue is fair to both parties. Should the monthly fixed rent and the 7.5% not add up to 10.125% of annual revenue on an annual basis. Tropical Watersports agrees to pay the difference to bring the county's minimum revenue to 10.125% of Tropical Watersports' annual revenue. Tab 6 Leal Preference Tropical Watersports, LLi Local Preference Tropical Watersports has remained a local business since I purchased it in 2009. See attached form in tab 7. LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023 -2009, as amended by Ordinance No. 004 -2015, must complete this form. Name of Bidder /Responder tropical watersports, Ilc Date:9 -18 -18 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one (1) year prior to the notice of request for proposals? y e s (Please furnish copy.) 2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs business on a day to d y basis that is a substantial component of the goods or services being offered to Monroe county? ......., -..,, • — {The physical business address must be reaistered as its principal place of business with the Florida Department of State for at least one year prior to the notice of request for proposals.) List Address: 1607 Laird St Key West FL 33040 Telephone Number 305 - 304 -0093 8. Does the vendor /prime contractor intend to subcontract 50% or more of the goods, services or construction to local businesses meeting the criteria above as to licensing and location? No other vendors If yes, please provide: 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one (1) year prior to the notice or request for proposals. 2. Subcontractor's physical business address within Monroe County from which the subcontractor operates: (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one year prior to the notice of request for bids or proposals) jit57 4 l-v<, Tel. Number 305 -304 -0093 Address Print Name: Christopher J Lembo Stgnat Title of Authorized Signatory for Bidde esponder STATE OF £- :® twl C -- COUNTY OF 'tVv k_- On this _! Q day of fJT -Bv" 72- , 20 i ! __, before me, the undersigned notary public, personally pearedC \le. -I 'n:IPffi••• :,1 . O , known to me to be the person whose name is scribed above or who producedJfL W -I 'Y S \ -I CJZNSCas identification, and acknowledged that she is the person who executed the above Local Preference Form for the purposes therein contained. My commission expires: I +.P.(2..1 r Dt 7---DI Print Name \ C -0 'TW ,u (SEAL ) — 12 / NICOLE TWYMAN f : I _ MY COMMtSSION # FF218382 Page 30 of 49 7y EXPIRES April 08, 2019 Bon. MNo<a$eMCe.coir 007) 3�gg.C'S3 PROPOSAL DOCUMENTS BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CIO PURCHASING DEPARTMENT GATO BUILDING ROOM 2 -213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 The undersigned, having carefully examined the work, specifications, RFP documents, and addenda thereto, and other Contract Documents for the services of: MOBILE RETAIL MERCHANDISE OR SERVICE CONCESSION AT HIGGS BEACH, MONROE COUNTY, FLORIDA And having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself/herself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the work, does hereby propose to furnish labor, mechanics, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said work in a workman -like manner, in conformance with specifications, and other contract documents including addenda issued thereto. Company Information and Signature Page Company EIN: 1 o 1 3 5 5 1 Company Name: 'TroPecnl Company Ownership: _ ChrtstopherJ Lembo sole Managing Member Years in Business: Troqical Watersports since 2005 Current owner since 2009 Company Address: 9607 Laird St Kp-e� v West FL 33040 C j t- eF „+: .P- .. e: Company Phone Number: Fax: 375-- 3.(ocq Company web address: Number of Employees: Company E -mail: ;t...e'mkL) , C: a; Management Person Responsible for Direct Contact to County and Services required for this RFP: Name: Cho -}oeir- Title: Efleitrw - � � t r, +� �✓ Phone Number: 3v — 6,.1 . . . - c ) ' Email Address: �'' ( K��s r � • C C 7 e' Signature /. -' Authorized Representative Date Type or Print Officer's Name and Title: Christopher J Lembo %e_ �»�7�,F.3� y 4 Bid Type of Concession: Mobile retail merchandise or service concession Higgs Beach Monroe County FL n Mz/Z.(.,c c s-t: ter 5v I tk �%C)v� c �;plt cam— i� . c � g c= ezr,b. ivweir v Bid Price for Concession space at Higgs Beach will be paid to Momoe County at the following rate: Monthly rent of $500 for retail concession space. phis 7.5% percentage of Gross Taxable Sales or a guaranteed minimum annual fee of 10.125 % , whichever is greater, generated by Lessee's operations at the detail concession space. I acknowledge receipt of Addenda No.(s) No. 1 Dated 9 -18 -18 No. Dated No. Dated No. Dated Page 22 of49 Proposer, states by his /her check mark in the blank beside the form and by his /her signature that he /she has provided the following forms: a. Proposal Form with proposed sample list of items orservices with pricing to be offered for sale b. Non - Collusion Affidavit c. Lobbying and Conflict of InterestClause d. Drug -Free Workplace Form Proposer's Insurance and Indemnification Statement f. Insurance Agents Statement (signed by agent) ✓ g. Local Preference Form and requirements (ifapplicable)� h. Public Entity Crime Statement In addition, Proposer states that he /she has included a current copy of all required professional and /or License. jeck mark items above. as a reminder that they are included.) Mailing Address: 1607 Laird St 3 3c '10 Phone Number: 30- Y ---a'9 Email Address: / t- -- I n' JG. e d i° /kJ r Date: 9..-/- IY Signed: i -f C hmi . C ra (Name) P • (Title) Witne ®® ®71t JO,IVL®-s Print Name: Ni c'.. -0 •7, y.J {1 LI.fnJ Page 23 of49 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010 -1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Tropical Water; (Company) warrants that he /it has not employed, retained or otherwise had act on his /its behaif any former County officer or employee in violation of Section 2 of Ordinance No. 010 -1990 or any County offic. r or employee in violation of Section 3 of Ordinance No. 010 -1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the tull amount of any tee, commission, percentage, gift, or consid ration paid to the termer t,;ounty otticer or employee" Chritopher J Lembo managing Member 9 -18 -18 STATE OF: FL-0 2-t iYI COUNTY OF:. \U Subscribed and sworn to (or affirmed) before me on- - - - - - - ' 1 ? - -D 1 K° (date) by \. <;. \b.P\ sJ ® (name of affiant). She is personally known to me or has produced. - . . • ?to--i. S \ - •, \Gt -S C as identification. (type of identification) MIN �.� , NICOLE �, NO Y PUBLIC j3 r\ <], -O{ 1 ® II J 4-"a.: '®,; MY COMM ISS ISGM4W382 ,, ,,, EXPIRES Apn108, 2019 (SEAL) r 'a Flo6d1MMeYSeMlrnr " "' Page 25 of 49 NON - COLLUSION AFFIDAVIT 1, Christopher Lembo of the city of Key West according to law on my oath, and under penalty of perjury, depose and say that: 1. I am sole Managing er ofthefirmofTrooicval Watersports LLC the bidder making the Proposal for the project described in the Request for Proposalsfor Mobile Retail Concession Merchandise or service Hiaas Beach and that I executed the said proposal with full authority to do so: 2. The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; and 3. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; and 5. The statements contained in this affidavit are true and correct, and made with full knowledge hat Monroe County relies upon the truth of the statements contai d in s of vit in awardin contracts for said project. Sign ure of Respondent) (Date) STATE OF: Z tiNc- COUNTY OF: C PERSONALLY APPEARED BEFORE ME, the undersigned authority, N \ I,_o j E " ! TAN 1 who, after first being sworn by me, Ct IS °iD PI - J 1--- r,- v...A..f? O(name of individual signing) affixed (!Jlsiher signature in the space provided above on this day of My Commission Expires: A - -fR I L- D .( 2 -0 '1 - (SEAL) 1 N ICOLE 1WYNIAN I J ' . • : MY COMMISSION# FF218382 ;giP .. EXPIRES April 08, 2019 14C,,398' {)'53 FtoddnNota,ySeMce.corr Page 24 of49 DRUG -FREE WORKPLACE FORM The undersigned ven or in accordance VI(ith Florida Statute, Sec. 287.087, hereby certifies t Tropical Watersports, LLC (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by, any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign e statement, I certify that this firm complies fully with the above requirements. -‘ / /1 Ai r;., j-.t-e Contrac6• Respondent's Sign tLfd Sole managing member Date ju kt„c „.. "--e,-Offtv . Ap„,-.... My Commission Expires: , A-1 ?.t L- D &r 2.01 1 i - NICOLE TWYMAN f•: • MY COMMISSION# FF2183e2 EXPIRES April 08, 2019 (SEAL) t407)398 -0.53 Page 26 of49 LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023 -2009, as amended by Ordinance No. 004- 2015, must complete this form. Nameof Bidder /Responder Trq± n LLC 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one (1) year prior to the notice of request for proposals? yga (Please fumish copy.) 2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs business on a day to day basis that is a substantial component of the goods or services being offered to Monroe County? ..., _ {The physical business address must be regisFered as its principal place of business with the Florida Department of State for at least one year prior to the notice of request for proposals.) List Address: 1607 laird st Key West Fl 33040 305 - 304 -0093 B. Does the vendor /prime contractor intend to subcontract 50% or more of the goods, services or construction to local businesses meeting the criteria above as to licensing and location? No subs:, If yes, please provide: 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one (1) year prior to the notice or request for proposals. 2. Subcontractor's physical business address within Monroe County from which the subcontractor operates: (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one year prior to the notice of request for bids or proposals) • i ■ IT8, 7 r k,) 1,0e> Tel. Number 305 - 304 -0093 Addr- C. rt') P — PR ,, ; , 1 f , Print Name: SI• S IId 1 fUI Bidder /Responder STATE OF + =1- -0 12 • COUNTY OF NeD.6" On this . J j_ day of 'Ft. , 20 . before me, the undersigned notary public, personally appearedCt +r2 - rS W P, 4 ' -'" 1tbV , known to me to be the person whose name is subscribed above or who producect \Je::12 -4 H identification, and acknowledged that @ he is the person who executed the above Local Preference Form for the purposes therein contained. % My commission expires: f11::>1\ L - . � Print Name (SEAL) 1 -- - NICOLE TWYMAN f•: •: MY COMMISSION# FF218382 Page 30 of49 "..„, . EXPIRES April 08, 2019 (4Of ) 348-0 '53 Feoftd:04nm, PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty -six (36) months from the date of being placed on the convicted vendor list." I have read the above and state that neither Tropical Waterslborts Christopher Lembo (Contractor /Respondent's naive) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six (36) months. Christopher J Lembo, managing Member 9 -18 -18 STATE OF: B - -© i'2. -/ M \- COUNTY OF: tv'voN .C- Sub ribed and sworn to (or affirmed) before me on the 1_ day of , 201( Y O \ff4c:.- n:,PI' / =E1 <- c.] (name of affiant)( JTofShe is personally known to me or has produced f3 - - - -:. v <:. U GE'N <• . (type of identification) as identification. I . )--- - "a NOTARYrLIC My Commission Expires: ,,,F X12- 1 - -- -CI 'J (1 l (SEAL) MY EXPIRES April 08, 2019 f" 7)398 -0 <53 Ftonda Page 31 of49 Respondent's Insurance and Indemnification Statement INSURANCE CHECKLIST FOR VENDORS SUBMITTING PROPOSALS FOR WORK To assist in the development of your proposal, the insurance coverage's marked with an "X" will be required in the event an award is made to your firm. Please review this form with your insurance agent and have him/her sign it in the place provided. It is also required that the Respondent sign the form and submit it with each proposal. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Workers' Compensation Statutory Limits WC1 X Employers Liability $100,000 /$500,000 /$100,000 GENERAL LIABILITY As a minimum, the required general liability coverage will include: • Premises Operations • Products and Completed Operations • Blanket Contractual Personal Injury • Expanded Definition Of Property Damage Required Limits: GL1 X $100,000 per Person; $300,000 per Occurrence $50,000 Property Damage or $300,000 Combined Single Limit VEHICLE LIABILITY As a minimum, coverage should extend to liability for: Page 27 of49 Owned; Non - owned; and hired Vehicles Required Limits: VL2 X $200,000 per Person; $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Indemnification, Hold Harmless and Defense. The Lessee covenants and agrees to defend, indemnify and hold harmless Monroe County Board of County Commissioners, and its elected and appointed officers, officials, agents, servants, and employees from any and all claims, demands, or causes of action for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, costs, penalties, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of the Lessee utilizing the property governed by this lease /rental agreement. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal. h a PROPOSER G' Signature Page 28 of49 INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES VBA59224400 Liability policies areK occurrence _ Claims Made V,(vYL1J C cl ;) G72iG y> Insurance Agency Signature Page 29 of49 COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS [gj "X" IF SUPPLEMENTAL DECLARATIONS ATTACHED 1. POLICY NO.: VBA592244 00 , , _ , EFFECTIVE DATE: 1;..;..12....;;2:12 :Oc...c.1 8 — TROPICAL WATERSPORTS, LLC 2. NAMED INSURED: 3. LIMITS OF INSURANCE General Aggregate Limit (Other Than Products • Completed Operations) $ 500,000 Products - Completed Operations Aggregate Limit $ 500,000 Personal and Advertising Injury Limit $ 500,000 Each Occurrence Limit $ 500,000 Damage To Premises Rented To You Limit $ 100,000 Any One Premise Medical Fxnense Limit $ 5,000 6,1214 One Person Coverage A of this insurance does not apply to injury caused by a wrongful act which was committed before the Retroactive Date, if any shown here: Retroactive Date: None (Enter Date or "None" it no Retroactive Date) LOCAT IONS INCLUDING ZIP CODE OF ALL PREMISES YOU OWN, RENT OR OCCUPY (Enter "same" it same location as your mailing address): 1. 1000 ATLANTIC BOULEVARD, KEY WEST, FL 33040 CODE EMI CLASSIFICATION PREMIUM EXPOSURk RATE ADVANCE PREMIUM NO. NO. BASIS AMOUNT PR/CO ALL OTHER PR/C0 ALL OTHER 49950 Additional Insured Each 1 Inc! Flat Incl $100.00 (MP) 10110 1 Boats - canoes or rowboats - Each 8 Incl 164.997 Inc! $1,320.00 for rent • not equipped with motors - 10133 1 Beach Chairs and Umbrellas Gross 84,000 Inc! 12.434 Inc! $1,044.00 • rented to others • Sales • TOTAL ADVANCE PREMIUM FOR THIS PAGE $.00 $2,464.00 TOTAL ADVANCE PREMIUM FORTHIS $2,499.00 COVERAGE PART 4. FORMS AND ENDORSEMENTS APPLICABLE (other than applicable Forms and Endorsements shown elsewhere in this policy) *Forms and Endorsements applying to this Coverage Part and made a part of this policy at time of issue: SEE SCHEDULE OF FORMS AND ENDORSEMENTS - GBA900002 •Entry optional if shown on Common Policy Declarations • 5. FORM OF BUSINESS: D Individual D Joint Venture D Partnership fgi Limited Liability Company D Corporation D Other THESE DECLARATIONS, WHEN COMBINED WITH THE COMMON POLICY DECLARATIONS, THE COMMON POLICY CONDITIONS, COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE CONTRACT OF INSURANCE. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services, Inc., 1984. GBA 100001 0813 Page 1 COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL DECLARATIONS POLICY NO.: VBAS244 ® EFFECTIVE DATE: 1/22/20'18 TROPICAL WATERSPORTS, LLC NAMED INSURED: BUSINESS INFORMATION Location(s) (including Zip Code) of All Premises You Own, Rent or Occupy (enter "same" if same location as your mailing address): • CLASSIFICATION AND PREMIUM CODE PREM 1 CLASSIFICATION 1 PREMIUM I EXPOSURE RATE ADVANCE PREMIUM NO. INO BASIS AMOUNT PR/CO ALL OTHER PR/C0 ALL OTHER 16723 1 Rental Stores - machinery Gross 7,500 Ind 4.603 Inc! $35.00 or equipment - rented to Sales others on a long - term basis - • TOTAL ADVANCE PREMIUM FOR THIS PAGE $.00 $ 35.00 THESE DECLARATIONS AND THE COMMON POLICY DECLARATIONS, IF APPLICABLE, TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE FORMS(S) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services, Inc., 1985. GBA 100002 0312 . . 4 " i,44 .s . .,4 4 S y :„..,,, an 4 ' . 150 1 Y . ,..., . . . . . ... 4 ' r Y ' 5 / t` k3ti F ,'' - f' °1 7 t�( J , � \ v ; Irb f This Document is a business tax receipt I. Holder must meet all City zoning and use provisions. P.O. Box 1409, Key West, Florida 33040 {305) 809 -3955 Business Name TROPICAL WATERSPORTS LLC Ct1Nbr:0000537 3 Location Addr HIGGS BEACH RESTAURANT Lie NBR /Class 18- 00019743 RENTALS - NONMOTOR DRIVEN Issue Date: July 11, 2017 Expiration Date:September 30, 2018 License Fee $143.00 1 Add. Charges $0.00 Penalty $0.00 Total $143.00 r, Comments: BEACH EQUIPMENT RENTAL INCL BOATS This document must be prominently displayed. g TROPICAL WATERSPORTS 2, W1pB TT ( r a Q TROPICAL WATERSPORTS LLC 8er: i 0 �lr/17R • R nDn:i2eer� ltl a 1607 LAIRD ST 1 CR UC COJPt \TICNI -1L r KEY WEST FL 33040 Irc\Qs_JJumter: LOO, '8 ? 76 i LRUtU\ HC,O $11- f3,(X) Trans 711 12!50!40 This Document is a business tax receipt Holder must meet all City zoning and use provisions. P.O. Box 1409, Key West, Florida 33040 {305) 809 -3955 Business Name TROPICAL WATERSPORTS LLC Ct1Nbr:0000537 Location Addr HIGGS BEACH RESTAURANT Lie NBR /Class 19- 00019743 RENTALS - NON -MOTOR DRIVEN Issue Date: July 16, 2018 Expiration Date:September 30, 2019 • License Fee $143.00 Add. Charges $0.00 Penalty $0.00 Total $143.00 Comments: BEACH EQUIPMENT RENTAL INCL BOATS This document must be prominently displayed. TROPICAL WATERSPORTS LLC TROPICAL WATERSPORTS LLC Oper: I EYI,Jr1FB Type: OC Dra,ier: 1 1607 LAIRD ST DcttE: 4/119118 59, Rda1P.1 a0. !8;7•'!4 201g 19 ?' +3 np 1 4 9[L' IPANgi,e5,01.1r I' KEY WEST FL 33040 a n�me; 1.00 $143.00 mn10.[h x.a,1,uvt" : : ' A 'An Y -`'--° --------------_-_-�� 2017 / 2018 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2018 RECEIPT# 47140 -22306 Business Name: TROPICAL WATERSPORTS LLC 1000 ATLANTIC BLVD Owner Name: CHRISTOPHER J LEMBO Business Location: KEY WEST, FL 33040 Mailing Address: 1607 LAIRD ST Business Phone: 305 - 304 -0093 KEY WEST, FL 33040 Business Type: CHARTER BOATS, TOURS &WATERSPORTS RENTALS (SAILBOAT RENTAUBEACH EQUIP RENTAL) Employees 1 Tax Amount Transfer Fee Sub -Total Penalty Prior Years Collection Cost Total Paid 22.00 0.00 22.00 0.00 0.00 0.00 22.00 Paid 101 -16- 00004527 07/10/2017 22.00 THIS BECOMES A TAX RECEIPT Danise D. Henriquez, CFC, Tax Collector THIS IS ONLY A TAX. WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL COUNTY AND /OR MUNICIPALITY PLANNING AND ZONING REQUIREMENTS. MONROE COUNTY BUSINESS TAX RECEIPT P.O. Box 1129, Key West, FL 33041 -1129 EXPIRES SEPTEMBER 30, 2018 RECEIPT# 47140 -22306 Business Name: TROPICAL WATERSPORTS LLC 1000 ATLANTIC BLVD Business Location: KEY WEST, FL 33040 Owner Name: CHRISTOPHER J LEMBO Mailing Address: Business Phone: 305 - 304 -0093 1607 LAIRD ST Business Type: CHARTER BOATS, TOURS & WATERSPORTS KEY WEST, FL 33040 RENTALS (SAILBOAT RENTAUBEACH EQUIP RENTAL Employees 1 Tax Amount Transfer Fee Sub -Total Penalty Prior Years Collection Cost Total Paid 22.00 0.00 22.00 0.00 0.00 0.00 22.00 Paid 101 -16- 00004527 07/10/2017 22.00 2018 / 2019 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2019 RECEIPT# 47140 -22306 Business Name: TROPICAL WATERSPORTS LLC Owner Name: CHRISTOPHER J LEMBO 1000 ATLANTIC BLVD Business Location: KEY WEST, FL 33040 Mailing Address: 1607 LAIRD ST Business Phone: 305- 304 -0093 KEY WEST, FL 33040 Business Type: CHARTER BOATS, TOURS &WATERSPORTS RENTALS (SAILBOAT RENTAUBEACH EQUIP RENTAL) Employees 1 Tax Amount Transfer Fee Sub -Total Penalty Prior Years Collection Cost Total Paid 22.00 0.00 22.00 0.00 0.00 0.00 22.00 Paid 103 -17- 00004205 07/12/2018 22.00 THIS BECOMES A TAX RECEIPT Danise D. Henriquez, CFC, Tax Collector THIS IS ONLY A TAX. WHEN VALIDATED PO Box 1129, Key West, FL33041 YOU MUST MEET ALL COUNTY AND /OR MUNICIPALITY PLANNING AND ZONING REQUIREMENTS. • MONROE COUNTY BUSINESS TAX RECEIPT P.O. Box 1129, Key West, FL 33041 -1129 EXPIRES SEPTEMBER 30, 2019 Business Name: TROPICAL WATERSPORTS LLC RECEIPT# 47140 -22306 1000 ATLANTIC BLVD Business Location: KEY WEST, FL 33040 Owner Name: CHRISTOPHER J LEMBO Mailing Address: Business Phone: 305 - 304 -0093 1607 LAIRD ST Business Type: CHARTER BOATS, TOURS & WATERSPORTS KEY WEST, FL 33040 RENTALS (SAILBOAT RENTAUBEACH EQUIP RENTAL Employees 1 Tax Amount Transfer Fee Sub -Total Penalty Prior Years Collection Cost Total Paid 22.00 0.00 22.00 0.00 0.00 0.00 22.00 Paid 103 -17- 00004205 07/12/2018 22.00 REQUEST FOR PROPOSALS FOR MOBILE RETAIL MERCHANDISE OR SERVICE CONCESSION AT HIGGS BEACH MONROE COUNTY, FLORIDA ,r-ra'sco'6 1 -- ....-i,:. ,,-:. f4 0 ,. 4 \,-,-..........e m . di s, ,c, - ------:-.„ w , ,4 4 .-,,, ---.,--:-.02.4 Mt...- ,,, / +.yaS".^' ...w„ �c COON :14 Z BOARD OF COUNTY COMMISSIONERS Mayor David Rice, District 4 Mayor Pro Tem Sylvia Murphy, District 5 Danny Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 COUNTY ADMINISTRATOR CLERK OF THE CIRCUIT COURT ROMAN GASTESI KEVIN MADOK August 2018 PREPARED BY: Public Works Facilities Maintenance Department Page 1 of 49 NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS NOTICE IS HEREBY GIVEN that on September 26, 2018, at 3:00 P.M., the Monroe County Purchasing Office will receive and open sealed responses for the following: MOBILE RETAIL MERCHANDISE OR SERVICE CONCESSION AT HIGGS BEACH, MONROE COUNTY, FLORIDA Pursuant to F.S. § 50.0211(3)(a), all published competitive solicitation notices can be viewed at: www.floridapublicnotices.com, a searchable Statewide repository for all published legal notices. Requirements for submission and the selection criteria may be requested from DemandStar by Onvia at www.demandstar.com OR www.monroecountvbids.com. The Public Record is available at the Monroe County Purchasing Office located in the Gato Building, 1100 Simonton Street, Room 2 -213, Key West, Florida. All responses must be sealed and must be submitted to the Monroe County Purchasing Office. Publication Date Citizen: Mon., 8/27/18 Page 2 of 49 HIGGS BEACH MOBILE RETAIL MERCHANDISE OR SERVICE CONCESSION MONROE COUNTY, FLORIDA REQUEST FOR PROPOSALS Requirements for submission and the selection criteria may be requested from Demand Star by Onvia at www.demandstar.com OR www.monroecountybids.com or call toll -free at 1- 800- 711 -1712. The Public Record is available at the Purchasing Office located at the Gato Building, 1100 Simonton Street, Room 2 -213, Key West, Florida. All Responses must be sealed and must be submitted to the Monroe County Purchasing Office. Proposers must submit: Two signed (2) original responses of the proposal, marked "Original ", three (3) copies, and one (1) copy saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a common electronically saved form (i.e. flash drive, CD/DVD, etc.), must be received in a sealed envelope clearly marked on the outside, with the Proposer's name and "Sealed Proposal for Mobile Retail Merchandise or Service Concession at Higgs Beach" addressed to: Monroe County Purchasing Office 1100 Simonton Street, Room 2 -213 Key West, FL 33040 All Proposals must be received by the County Purchasing Office before 3:00 P.M. on September 26, 2018. Any Proposals received after this date and time will be automatically rejected. Materials may be delivered by Certified Mail, Return Receipt Requested, hand - delivered, or couriered. Faxed or e- mailed Proposals will be automatically rejected. Hand delivered Proposals may request a receipt. If sent by mail or by courier, the above - mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated above. Proposers should be aware that certain "express mail" services will not guarantee specific time delivery to Key West, Florida. It is the sole responsibility of each Proposer to ensure their Proposal is received in a timely fashion. All submissions must remain valid for a period of ninety (90) days from the date of the deadline for submission stated above. The Board will automatically reject the response of any person or affiliate who appears on the convicted vendor list prepared by the Depailinent of General Services, State of Florida, under Sec. 287.133(3)(d), Florida Statute (1997). Monroe County declares that all or portions of the documents and work papers and other forms of deliverables pursuant to this request shall be subject to reuse by the County. The most responsive Proposal(s), along with the recommendation of the County Administrator, or his designee, and the Director of Facilities Maintenance, will be presented to the Board of County Commissioners of Monroe County, Florida, for final awarding or otherwise. The Board reserves the right to reject any and all Proposals, to waive informalities in any or all Proposals, to re- advertise for Proposals; and to separately accept or reject any item or items and to award and/or negotiate a contract in the best interest of the County. Page 3 of 49 TABLE OF CONTENTS PAGE NOTICE OF REQUEST FOR 1- 3 PROPOSALS TABLE OF CONTENTS 4 - 4 SECTION ONE 5 - 17 INSTRUCTIONS TO PROPOSERS SECTION TWO 18 - 31 PROPOSAL DOCUMENTS SECTION THREE 32 - 47 DRAFT AGREEMENT EXHIBIT "A" 48 - 48 EXHIBIT "B" 49 - 49 Page 4 of 49 SECTION ONE INSTRUCTION TO PROPSERS 1.01 INTRODUCTION DESCRIPTION Monroe County, as the owner of Higgs Beach, is soliciting proposals for two (2) non -food retail concessions in the Higgs Beach Park, located in Key West, Monroe County, Florida. The concession shall provide leisure and/or recreational and/or watersports merchandise products, and /or other appropriate island themed merchandise. The Respondent(s) awarded a contract shall provide a Concession operation which will allow the County to maximize the variety and type of products and services offered by the concessions. Respondent must include in the proposal a sample list of all products and services with pricing proposed to be available for sale and /or rent at the concession spaces. Respondent will also propose a location site for Respondent's concession in the Respondent's proposal however, Respondent's location at the Higgs Beach Park will be subject to County approval and may be relocated at the County's discretion and as construction needs dictate for implementation of the Higgs Beach Master Plan. The two (2) awarded contracts will offer products or services that are different in nature from each other and will not be direct competition to the other. A NON - MANDATORY PRE -BID CONFERENCE WILL BE HELD ON SITE September 5, 2018, AT 09:00 A.M. 1.02 GENERAL TERMS DEFINITIONS As used in this RFP, the following terms shall have the meanings set forth below: The terms Bidder, Concessionaire, Contractor, Lessee, Proposer, and Respondent are synonymous. Bidder: One who submits a response to a request for proposal (RFP). That person or entity duly authorized, upon award of a contract, to have a Contract with the County to provide the product and/or services set forth herein and incurring liability for the same. Contract: The written contract resulting from this solicitation between the County and the awarded Respondent, including this RFP, and the awarded Respondent's response along with any written addenda and other written documents, which are expressly incorporated by reference. Concessionaire: One who submits a response to a request for proposal (RFP). That person or entity duly authorized, upon award of a contract, to have a Contract with the County to provide the product and/or services set forth herein and incurring liability for the same. Contractor: One who submits a response to a request for proposal (RFP). That Page 5 of 49 person or entity duly authorized, upon award of a contract, to have a Contract with the County to provide the product and /or services set forth herein and incurring liability for the same. County: The word County refers to the County of Monroe, Florida. Da: The word "day" means each calendar day or accumulation of calendar days. Lessee: One who submits a response to a request for proposal (RFP). That person or entity duly authorized, upon award of a contract, to have a Contract with the County to provide the product and/or services set forth herein and incurring liability for the same. Mobile Concession: The concession must not be permanently attached and must be easily relocated. Equipment or vehicles must be roadworthy to meet any FEMA requirements for evacuation from the park and, if necessary, properly registered and licensed for over the road use. Person or Persons: An individual, flop, partnership, corporation, association, executor, administrator, trustee or other legal entity, whether singular or plural, masculine or feminine, as the context may require. Proposal: The document submitted in response to a formal solicitation used to determine a contract award. Proposer: One who submits a response to a request for proposal (RFP). That person or entity duly authorized, upon award of a contract, to have a Contract with the County to provide the product and /or services set forth herein and incurring liability for the same. Respondent: One who submits a response to a request for proposal (RFP). That person or entity duly authorized, upon award of a contract, to have a Contract with the County to provide the product and /or services set forth herein and incurring liability for the same. 1.03 COPIES OF PROPOSAL DOCUMENTS A. Only complete sets of Proposal Documents will be issued and shall be used in preparing proposals. The County does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. B. Complete sets of Proposal Documents may be obtained in the manner and at the location stated in the Notice of Requesting for Proposals. 1.04 QUALIFICATIONS OF RESPONDENTS (TO BE SUBMITTED WITH PROPOSAL) Page 6 of 49 A. Each proposal must contain evidence of the Respondent's qualifications to do business in a beach/park environment. To demonstrate qualifications, each Respondent shall submit a written business plan describing the type of goods or services that they will be offering and why the Respondent believes the goods or services will be appropriate and successful at a beach/park environment. 1.05 DISQUALIFICATION OF RESPONDENTS A. ONE (1) PROPOSAL: All proposals submitted must be specifically addressed to the concession type described herein. If a Respondent desires to bid on both concessions, the Respondent has to do so with two (2) distinctly separate, stand- alone proposals, such that the County may choose to select only one of the proposals with no obligation towards the Respondent's second proposal. B. NON - COLLUSION AFFIDAVIT: Any person submitting a bid or proposal in response to this invitation must execute the enclosed NON - COLLUSION AFFIDAVIT. If it is discovered that collusion exists among the respondents, the bid or proposals of all participants in such collusion shall be rejected, and no participants in such collusion will be considered in future bids for the same work. C. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes, Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Category Two: $35,000.00 D. DRUG -FREE WORKPLACE FORM: Any person submitting a bid or proposal in response to this invitation must execute the enclosed DRUG -FREE WORKPLACE FORM and submit it with his/her bid or proposal. Failure to complete this form in every detail and submit it with your bid or proposal may result in immediate disqualification of your bid or proposal. E. LOCAL PREFERENCE FORM: Any person submitting a proposal or bid in response to this invitation must execute the enclosed LOCAL PREFERENCE FORM and submit it with his/her proposal or bid. Failure to complete this form will result in disqualification from receiving local vendor preference. F. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person submitting a bid or proposal in response to this invitation must execute the enclosed LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit it with his /her bid or proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result in immediate disqualification of the bid or proposal. Page 7 of 49 1.06 EXAMINATION OF CONTRACT DOCUMENTS A. Each Respondent shall carefully examine the contract documents, and inform himself/herself thoroughly regarding any and all conditions and requirements that may in any manner affect the cost or the goods or the services to be provided under the lease. Ignorance on the part of the Respondent will in no way relieve him/her of the obligations and responsibilities assumed under the lease. B. Should a Respondent fmd discrepancies or ambiguities in, or omissions from, the proposal documents, or should he /she be in doubt as to their meaning, he /she shall at once notify the County. 1.07 INTERPRETATIONS AND CLARIFICATIONS No oral interpretations will be made to any Respondent as to the meaning of the contract documents. Any inquiry or request for interpretation received in writing ten (10) or more business days prior to the date fixed for opening of responses will be given consideration. Written inquiries should be sent to Alice Steryou, Monroe County Contract Monitor, 1100 Simonton Street, Room 2 -216, Key West, Florida 33040, or emailed to Steryou alicen,MonroeCounty FI.Goy. All such changes or interpretation will be made in writing in the form of an addendum and, if issued, will be furnished to all known prospective Respondents prior to the established Response opening date on the website www.demandstar.com or / herhttp : / /www.monroecountybids.com. Each Respondent shall acknowledge receipt of such addenda in their Response. In case any Respondent fails to acknowledge receipt of such addenda or addendum, his/her response will nevertheless be construed as though it had been received and acknowledged and the submission of his response will constitute acknowledgment of the receipt of same. All addenda are a part of the contract documents and each Respondent will be bound by such addenda, whether or not received by him/her. It is the responsibility of each Respondent to verify that he /she has received all addenda issued before responses are opened. Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the seventy -two (72) hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and Federal holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response. 1.08 GOVERNING LAWS AND REGULATIONS A. The Respondent is required to be familiar with and shall be responsible for complying with all federal, state, and local laws, ordinances, rules, and Page 8 of 49 regulations that in any manner affect the work. Knowledge of occupational license requirements and obtaining such licenses for Monroe County and municipalities within Monroe County are the responsibility of the Bidder/Respondent. B. The Respondent's proposal shall include a sample list of all products and services with pricing proposed to be available for sale at the concession(s). C. Respondent shall be required to obtain Monroe County and City of Key West Occupational Licenses before beginning operations. Respondent shall also be responsible for obtaining any additional licenses which may be required by Respondent's operations at Higgs Beach before beginning operations. D. The Bidder/Respondent shall include m his/her bid prices for all sales, consumer, use, and other taxes required to be paid in accordance with the law of the State of Florida, County of Monroe, and the City of Key West. 1.09 PREPARATION OF PROPOSALS A. Signature of the respondent: The Respondent must sign the Proposal forms in the space provided for the signature. If the Respondent is an individual, the words "doing business as ", or "Sole Owner" must appear beneath such signature. In the case of a partnership, the signature of at least one (1) of the partners must follow the firm name and the words "Member of the Firm" should be written beneath such signature. If the Respondent is a corporation, the title of the officer signing the proposal on behalf of the corporation must be stated along with the Corporation Seal Stamp and evidence of his/her authority to sign the proposal must be submitted. The Respondent shall state in the proposal the name and address of each person interested therein. 1.10 CONTENT OF SUBMISSION The Proposal submitted in response to this RFP shall be printed on 8 -1/2" x 11" white paper; shall be clear and concise and provide the information requested herein. The proposal shall be organized and tabbed. Statements submitted without the required information will not be considered. Proposals shall be organized as indicated below. The Respondent should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration. Each Respondent must submit adequate documentation to certify the Respondent's compliance with the County's requirements. Respondent should focus specifically on the information requested. The following information, at a minimum, shall be included in the Submittal: A. COVER PAGE A cover page that states "PROPOSAL — MOBILE RETAIL MERCHANDISE OR SERVICE CONCESSION AT HIGGS BEACH, MONROE COUNTY, FLORIDA ". The cover page should contain /Respondent's name, address, telephone number, and the name of the Respondent's contact person and their e -mail address. Page 9 of 49 B. TABBED SECTIONS Tab 1. Business Plan for Proposed Concession (20 points max.) Each proposal must contain evidence of the Respondent's qualifications to do business in a beach/park environment. To demonstrate qualifications, each Respondent shall submit a written business plan describing the type of goods or services that they will be offering with pricing and why the Respondent believes the goods or services will be appropriate and successful at a beach/park environment. Tab 2. Qualifications and Experience (20 points max.) Each Respondent shall submit with his/her Response the required evidence of his/her qualifications and experience. Provide descriptions of current or past contracts providing services similar to those called for in this RFP and for services provided to government entities. The Proposer shall provide information about the experience of the proposer's principals, if applicable, to run the proposed concession. In order to determine if the persons or entity submitting proposals are responsible, all proposals for contracts to be awarded under this section must contain the following information: 1. A list of the entity's shareholders with five (5) percent or more of the stock or, if a general partnership, a list of the general partners; or, if a limited liability company, a list of its members; if a solely owned proprietorship, the name(s) of owners. A copy of documentation demonstrating that the entity is a legally viable entity shall be attached; 2. A list of the officers and directors of the entity; 3. The number of years the person or entity has been operating and, if different, the number of years it has been providing the goods or services called for in the RFP specifications; 4. The number of years the entity has operated under its present name and any prior names; 5. Customer references (minimum of three) including name, current address, current telephone number, date of initiation and completion of contract, and summary of goods or services provided and area served; 6. Credit references (minimum of three) including name, current address, and current telephone number; and 7. Relevant Experience: The Proposer /Respondent shall provide a project history of the firm or organization demonstrating its experience similar to that requested. 8. Litigation: Answers to the following questions regarding claims and suits: a. Has the person, principals, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, ever failed to complete work or provide the goods for which it has contracted? If yes, provide details; Page 10 of 49 b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, principal of the entity, or entity, or any entity previously owned, operated or directed by any of its officers, directors, or general partners? If yes, provide details; c. Has the person, principal of the entity, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, within the last five (5) years, been a party to any lawsuit, arbitration, or mediation with regard to a contract for services, goods or construction services similar to those requested in the specifications with private or public entities? If yes, provide details; d. Has the person, principal of the entity, or any entity previously owned, operated or directed by any of its officers, owners, partners, major shareholders or directors, ever initiated litigation against Monroe County or been sued by Monroe County in connection with a contract to provide services, goods or construction services? If yes, provide details; e. Whether, within the last five (5) years, the owner, an officer, general partner, principal, controlling shareholder or major creditor of the person or entity was an officer, director, general partner, principal, controlling shareholder, or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for competitive solicitation. Tab 3. Compatibility of the proposed merchandise or services with other vendors (20 points max.) Description of the various merchandise or services that your concession operation will offer and its compatibility with other current Higgs Beach vendors offering activities, merchandise and/or food and how such merchandise or services will improve the visitors' beach experience. Tab 4. Compatibility of the proposer's operations with the Higgs Beach Master Plan (20 points max.) Description of how your mobile retail merchandise or service concession will enhance the overall concept of the Higgs Beach Master Plan for the enjoyment of the environment by all visitors, whether locals or tourists. The Higgs Beach Master Plan may be found at the following link: http: / /www.monro ecounty -fl. gov /23 5 /Higgs -Beach Tab 5. Potential Revenue to the County (15 points max.) Amount of revenue anticipated to be remitted to the County annually for the monthly rental and percentage of gross taxable sales or guaranteed minimum annual fee proposed, whichever is greater, generated by Respondent's mobile retail merchandise or service concession, as set forth in the proposed Lease found in Section Three hereof. Page 11 of 49 Tab 6. Local Preference (5 points max.) Individuals for firms which meet all the criteria in Section 2 -349 of the Monroe County Code and are a conforming and responsible proposer shall receive local preference. Tab 7. County Forms and Licenses (no points) Respondent shall complete and execute the forms specified below and found at the designated pages in this RFP, and shall include them in the appropriate tabbed section; failure to provide executed documents may result in the Respondent being determined to be not fully responsive to the RFP: 1.11 Proposal Form 1.12 Lobbying and Conflict of Interest Clause 1.13 Non - Collusion Affidavit 1.14 Drug Free Workplace Form 1.15 Local Preference. Form 1.16 Public Entity Crime Statement 1.17 Proposer's Insurance and Indemnification Statement 1.18 Insurance Agent's Statement Respondent shall produce evidence of proper licensing to perform the services described herein. Copies of all professional and occupational licenses shall be included in this section. Proof of payment of both Key West and Monroe County business taxes (previously occupational license) is required to be obtained within fifteen (15) days of award of the contract. Respondent shall provide In a Separate Sealed Envelope Labeled "Confidential Financial Information" the following: (1) Financial statements for the prior three (3) years for the responding entity. (2) Any financial information requested by the County department involved in the competitive solicitation, related to the financial qualifications, technical competence, the ability to satisfactorily perform within the contract time constraints, or other information the department deems necessary to enable the department and Board of County Commissioners to determine if the Respondent is responsible. Page 12 of 49 1.11 SUBMISSION OF PROPOSALS A. Interested firms or individuals shall submit Two (2) original responses, marked "Original ", three (3) copies, and one (1) copy saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a common electronically saved form (i.e. flash drive, CD/DVD, etc.) of the proposal(s). B. The response shall be submitted in a sealed envelope clearly marked on the outside, with the Contractor's /Respondent's name and "Sealed Proposal for Mobile Retail Merchandise or Service Concession at Higgs Beach" addressed to the entity and address stated in the Notice of Request for Proposals, on or before 3:00 P.M. local time on September 26, 2018. If sent by mail or by courier, the above - mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated in the Notice of Request for Proposals. Faxed or e- mailed responses shall be automatically rejected. Responses will be received until the date and hour stated in the Notice of Request for Competitive Solicitations. C. Each respondent shall submit with his/her proposal the required evidence of his/her qualifications and experience, as outlined in Article 1.04. 1.12 WITHDRAWAL OF PROPOSAL Any proposal may be withdrawn prior to the time scheduled in the Notice of Requesting for Proposals for the opening thereof. All other proposals received must remain valid for a period of ninety (90) days. 1.13 MODIFICATION OF PROPOSALS Written proposal modifications will be accepted from Respondents if addressed to the entity and address indicated in the Notice of Requesting for Proposals and received prior to proposal due date and time and marked on the outside: "Sealed Proposal for Mobile Retail Merchandise or Service Concession at Higgs Beach ". 1.14 RESPONSIBILITY OF RESPONDENT The Contractor/Respondent is solely responsible for all costs of preparing and submitting the response, regardless of whether a contract award is made by the County. This RFP does not constitute an offer for employment or contract for services. 1.15 RECEIPT AND OPENING OF PROPOSALS Proposals will be received until the designated time and will be publicly opened and read aloud at the appointed time and place stated in the Notice of Requesting for Proposals. Monroe County's representative authorized to open the proposals will decide when the specified time has arrived and no proposals received thereafter will be considered. No responsibility will be attached to anyone for the Page 13 of 49 premature opening of a proposal not properly addressed and identified. Respondents or their authorized agents are invited to be present. 1.16 DETERMINATION OF SUCCESSFUL RESPONDENT Following the receipt of the proposals, the selection committee will meet in a publicly noticed meeting and evaluate the responses based on the criteria and point total below. The County reserves the right to reject any and all proposals and to waive technical errors and irregularities as may be deemed best for the interests of the County. Proposals which contain modifications, are incomplete, conditional, obscure, or which contain additions not requested or irregularities of any kind, or which do not comply in every respect with the Instruction to Respondents, and the proposal documents, may be rejected at the option of the County. The County may contact a Respondent to request clarification of an ambiguity in the Respondent's proposal. Each TAB section will be given points used to score and evaluate firms and individuals. The point structure is as follows: CRITERIA MAXIMUM POINTS TAB 1 20 TAB 2 20 TAB 3 20 TAB 4 20 TAB 5 15 TAB 6 05 TAB 7 00 TOTAL 100 1.17 LOCAL PREFERENCE When reviewing responses, preference will be given to business entities or individuals residing and doing business within the geographical limits of Monroe County, Florida, which meet all the criteria m Section 2 -349 of the Monroe County Code, and are a conforming and responsible proposer. Any person submitting a proposal in response to this invitation must execute the enclosed LOCAL PREFERENCE FORM and submit it with his/her proposal. Failure to complete this form will result in disqualification from receiving local vendor preference. 1.18 AWARD OF LEASE/TIE RESPONSES/PROTEST PROCEDURE A. The County reserves the right to reject any or all proposals, or any part of any proposal, to waive any informality in any proposal, or to re- advertise for all or part of the services contemplated. If proposals are found to be acceptable by the County, written notice will be given to the selected Respondent of the acceptance of their proposal and of the award of the Lease to them. Page 14 of 49 B. If the award of the lease is annulled, the County may award the lease to another respondent, or the concession space may be re- advertised, or may be awarded to other qualified personnel as the County decides. C. The lease will be awarded to the highest ranked responsive conforming Respondent complying with the applicable conditions of the proposal documents, and deemed to provide the services which are in the best interests of the County. D. The County also reserves the right to reject the proposal of a Respondent who has previously failed to perform properly. E. The proposals will be evaluated and ranked by a selection committee of not less than three (3) members. The proposals will be ranked (in no particular order) on the following parameters: 1. Business Plan (Evaluation Points Assigned — 20 max.) 2. Qualifications / experience of the proposer's principals to run the proposed concession (Evaluation Points Assigned — 20 max.) 3. Compatibility of the proposed merchandise or services with other vendors (Evaluation Points Assigned — 20 max.) 4. Compatibility of the proposer's operations with the Higgs Beach Master Plan (Evaluation Points Assigned — 20 max.) 5. Potential revenue to the County (Evaluation Points Assigned — 15 max.) 6. Local preference (Evaluation Points Assigned- 5 max.) 7. County Forms (no points) The most responsive (highest ranked) proposal(s), along with the recommendation of the County Administrator or his designee, will be presented to the Board of County Commissioners of Monroe County, Florida, for final awarding or otherwise. F. Tie Responses: In the event the same competitive solicitation amounts are received from two (2) or more responders who are considered by the BOCC to be equally qualified and responsive or when two or more responders are equal in rank "and score, and only one of the responders has a principal place of business in Monroe County, FL, the award shall be to the responder who has a principal place of business located in Monroe County, FL, except where prohibited by federally funded contracts. Otherwise, the tie will be resolved by draw from an opaque container. G. Protest Procedure: Any Respondent/Proposer who claims to be adversely effected by the decision or intended decision to award a contract shall submit in writing a notice of protest which must be received by the County within seventy - two (72) hours or three (3) business days, whichever is less, after the posting of the notice of decision or intended decision on DemandStar. Failure to timely protest within the times prescribed herein shall constitute a waiver of the ability to protest the award of the contract. The filing of a protest shall not stop the solicitation, negotiations, or contract award process, unless it is determined that it is in the best interest of the County to do so. A formal written protest may be Page 15 of 49 submitted in writing and must be received by the County Attorney's Office seventy -two (72) hours of three (3) business days prior to the Board of County commissioner's meeting date in which the award of contract by the Board of County Commissioners will be heard. The only opportunity to address protest claims is before the Board of County Commissioners at the designated public meeting in which the agenda item awarding the contract is heard. In accordance with the Rules of Debate as set forth in the Monroe County Board of County Commissioners Administrative Procedures, the Bidder/Respondent /Proposer that filed the protest is responsible for providing the Clerk with his/her name and residence prior to the agenda item to award the contract being called in order to preserve their opportunity to be heard on the matter. An individual has three (3) minutes to address the Commission and a person representing an organization has five (5) minutes to address the Commission. The Board of County Commissioners' decision to award the contract is final and at their sole discretion. 1.19 EXECUTION OF CONTRACT The respondent to whom a Lease is awarded shall be provided and will be required to return to the County two (2) executed counterparts of the prescribed Lease together, with the required certificates of insurance, within fifteen (15) days from the date of notice of acceptance of the Respondent's proposal. 1.20 CERTIFICATE OF INSURANCE A. The Lessee will be responsible for all necessary insurance coverage which includes, at a minimum: Worker's Compensation (if required) - $100,000 Bodily Injury by Accident; $500,000 Bodily Injury by Disease, policy limits; $100,000 Bodily Injury by Disease, each employee Vehicle Liability - $300,000 combined single limit General Liability - $300,000 combined single limit Certificates of Insurance must be provided to Monroe County within fifteen (15) days after award of proposal, with Monroe County BOCC listed as additionally insured on all except Workers Compensation. If the proper insurance forms are not received within the fifteen (15) days, the contract may be awarded to the next selected respondent. B. All forms of insurance required above shall be from insurers acceptable to the County. Policies shall be written by companies licensed to do business in the State of Florida and having an agent for service of process in the State of Florida. Companies shall have an A.M. Best rating of VI or better. The required insurance shall be maintained at all times while Contractor/Respondent is providing service to the County. Page 16 of 49 All insurance policies must specify that they are not subject to cancellation, non- renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. 1.21 INDEMNIFICATION - The Contractor/Respondent to whom a contract is awarded shall defend, indemnify, and hold harmless the County as outlined below: The Lessee covenants and agrees to defend, indemnify and hold harmless Monroe County Board of County Commissioners, and its elected and appointed officers, officials, agents, servants, and employees from any and all claims, demands, or causes of action for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, costs, penalties, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of the Lessee utilizing the property governed by this lease /rental agreement. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 17 of 49 SECTION TWO PROPOSAL SPECIFICATIONS FOR MOBILE RETAIL OR SERVICE CONCESSION AT HIGGS BEACH A. The term of the lease will be for a period of two (2) years renewable, at the County's discretion, for three (3) additional two (2) year terms. B. The Proposal shall include a sample list of all products, services and pricing proposed to be available for sale at the concession(s). C. The Concessions will consist of two (2) concessions offering leisure and/or recreational and /or watersports activities, merchandise products, and /or other appropriate island themed merchandise. All proposals submitted must be specifically addressed to the concession type described herein. If a Respondent desires to bid on both concessions, the Respondent has to do so with two (2) distinctly separate, stand -alone proposals, such that the County may choose to select only one of the proposals with no obligation towards the Respondent's second proposal. D. Respondent shall provide all items, and /or equipment, and /or services needed for the operation of the concession(s). The operation must be open for service 363 days per year from 10:00 A.M. till sunset, as a minimum, with closing for Thanksgiving day and Christmas day optional. (The hours can be revised by mutual consent.) No utility services will be provided by the County; therefore the Respondent's operation should be self - contained. However, if available, Respondent can arrange for utility service at Respondent's sole cost and expense. In this instance, Respondent shall be liable for any and all costs of establishing and maintaining the service, including permitting, as well as securing the service after Respondent's hours of operation. The concession must be roadworthy to meet any FEMA requirements for evacuation from the park and, if necessary, properly registered and licensed for over the road use. E. Background Checks/Personnel 1. Contractor employees must consent to background checks. The County reserves the right to refuse personnel based on results of the background check. The County reserves the right to demand of the Contractor replacement of an employee for the Contractor if a conflict or problem with that employee should arise. The Contractor will be responsible for the supervision, hiring and firing of their own employees and shall be solely responsible for the pay, worker's compensation insurance, and benefits. 2. Communication between the County Representative and the concession personnel is very important. Therefore, the Contractor must assure that at least one (1) concession personnel can communicate well with the County Page 18 of 49 Representative. Any employee hired by the Contractor will be the Contractor's employee and in 110 way has any association with the County. The Contractor shall insure that its employees are trained in all appropriate safety . regulations, and comply with all such applicable laws and regulations, and comply with all other local, State, and Federal regulations. 3. Uniforms are preferred for concession personnel however; photo identification cards are required, which shall clearly identify personnel as employees of the Contractor. This requirement shall apply upon entering County property and at all times while on duty. 4. Contractor/Respondent further agrees to notify the County immediately upon becoming aware that one of its employees, who previously completed the background check, is subsequently arrested or convicted of any crime. Failure by Contractor /Respondent to notify County of such arrest or conviction within forty -eight (48) hours of being put on notice by the employee and/or within five (5) days of its occurrence shall constitute grounds for immediate termination of this Lease by County. The parties further agree that failure by Contractor/Respondent to perform any of the duties described in this paragraph shall constitute a material breach of the contract entitling County to terminate this contract immediately with no further responsibility to make payment or perform any other duties described herein. F. The concession stand will not have commercial lighting of any type, including signage. G. All pricing for all goods and services are to be posted and visible for all customers. H. If the proposer chooses to install a security alarm system, it will be of the non - audible type, and approved in writing by the County Administrator or his designee. The rental or selling of fishing equipment will not be permitted. J. Respondent shall agree to pay the County, as Lessor: i) a monthly rent, and; ii) a percentage of Gross Taxable Sales or a minimum guaranteed annual payment, whichever is greater. Therefore, the Respondent's proposal shall include the respondent's proposed monthly rental payment, the percentage of gross taxable sales that will be paid to the County and the guaranteed minimum annual payment proposed. The percentage of Gross Taxable Sales /minimum monthly payments are a fee that shall be paid in addition to the monthly rent. Such payment shall be submitted to the Monroe County Board of County Commissioners, Monroe County, Florida, Page 19 of 49 by the 25 day of the following month. An annual rental adjustment shall be made in accordance with the percentage change in the Consumer Price Index (CPI) for all urban consumers (CPI -U) for the prior calendar year ending on December 31st. In the event of a deflationary CPI -U, no adjustment in the lease amount will be made. K. Respondent shall include a proposed site location for Respondent's mobile retail concession operation that is at least fifty (50) feet away from other concessions located at Higgs Beach and shall mark the proposed location on Exhibit "A" attached hereto. Respondent's items and equipment must be removed from its location at the end of each day or secured in a location within Respondent's concession space in such a manner as to not interfere with daily beach cleaning operations. Respondent's location at the Higgs Beach Park will be subject to County approval and may be relocated at the County's discretion and as construction needs dictate for implementation of the Higgs Beach Master Plan on Exhibit `B" attached hereto. The Higgs Beach Master Plan may be found at the following link: http://www.monro ecounty -fl. gov/235/Higgs-B each [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 20 of 49 PROPOSAL DOCUMENTS BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CIO PURCHASING DEPARTMENT GATO BUILDING ROOM 2 -213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 The undersigned, having carefully examined the work, specifications, RFP documents, and addenda thereto, and other Contract Documents for the services of: MOBILE RETAIL MERCHANDISE OR SERVICE CONCESSION AT HIGGS BEACH, MONROE COUNTY, FLORIDA And having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself/herself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the work, does hereby propose to furnish labor, mechanics, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said work in a workman -like manner, in conformance with specifications, and other contract documents including addenda issued thereto. Company Information and Signature Page Company EIN: Company Name: Company Ownership: Years in Business: Company Address: Company Phone Number: Fax: Company web address: Number of Employees: Company E -mail: Management Person Responsible for Direct Contact to County and Services required for this RFP: Name: Title: Phone Number: Email Address: Signature of Authorized Representative Date Type or Print Officer's Name and Title: Page 21 of 49 Bid Type of Concession: Bid Price for Concession space at Higgs Beach will be paid to Monroe County at the following rate: Monthly rent of $ for retail concession space. plus percentage of Gross Taxable Sales or a guaranteed minimum annual fee of $ , whichever is greater, generated by Lessee's operations at the detail concession space. I acknowledge receipt of Addenda No.(s) No. Dated No. Dated No. Dated No. Dated Page 22 of 49 Proposer, states by his /her check mark in the blank beside the form and by his /her signature that he /she has provided the following forms: a. Proposal Form with proposed sample list of items or services with pricing to be offered for sale b. Non - Collusion Affidavit c. Lobbying and Conflict of Interest Clause d. Drug -Free Workplace Form e. Proposer's Insurance and Indemnification Statement f. Insurance Agents Statement (signed by agent) g. Local Preference Form and requirements (if applicable) h. Public Entity Crime Statement In addition, Proposer states that he /she has included a current copy of all required professional and /or License. (Check mark items above, as a reminder that they are included.) Mailing Address: Phone Number: Email Address: Date: Signed: (Name) (Title) Witness: Print Name: Page 23 of 49 NON - COLLUSION AFFIDAVIT of the city of according to law on my oath, and under penalty of perjury, depose and say that: 1. I am of the firm of the bidder making the Proposal for the project described in the Request for Proposals for: and that I executed the said proposal with full authority to do so: 2. The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; and 3. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; and 5. The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Signature of Respondent) (Date) STATE OF: COUNTY OF: PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed his /her signature in the space provided above on this day of , 2018. NOTARY PUBLIC My Commission Expires: (SEAL) Page 24 of 49 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010 -1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE (Company) "... warrants that he /it has not employed, retained or otherwise had act on his /its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010 -1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010 -1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee ". (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He /She is personally known to me or has produced as identification. (type of identification) NOTARY PUBLIC My commission expires: (SEAL) Page 25 of 49 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute, Sec. 287.087, hereby certifies that: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by, any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Contractor /Respondent's Signature Date NOTARY PUBLIC My Commission Expires: (S EAL) Page 26 of 49 Respondent's Insurance and Indemnification Statement INSURANCE CHECKLIST FOR VENDORS SUBMITTING PROPOSALS FOR WORK To assist in the development of your proposal, the insurance coverage's marked with an "X" will be required in the event an award is made to your firm. Please review this form with your insurance agent and have him/her sign it in the place provided. It is also required that the Respondent sign the form and submit it with each proposal. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Workers' Compensation Statutory Limits WC1 X Employers Liability $100,000 /$500,000 /$100,000 GENERAL LIABILITY As a minimum, the required general liability coverage will include: • Premises Operations • Products and Completed Operations • Blanket Contractual • Personal Injury • Expanded Defmition Of Property Damage Required Limits: GL1 X $100,000 per Person; $300,000 per Occurrence $50,000 Property Damage or $300,000 Combined Single Limit VEHICLE LIABILITY As a minimum, coverage should extend to liability for: Page 27 of 49 Owned; Non - owned; and hired Vehicles Required Limits: VL2 X $200,000 per Person; $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Indemnification, Hold Harmless and Defense. The Lessee covenants and agrees to defend, indemnify and hold harmless Monroe County Board of County Commissioners, and its elected and appointed officers, officials, agents, servants, and employees from any and all claims, demands, or causes of action for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, costs, penalties, and expenses (including attorney's fees) which arise out of in connection with, or by reason of the Lessee utilizing the property governed by this lease /rental agreement. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal. PROPOSER Signature Page 28 of 49 INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Liability policies are Occurrence Claims Made Insurance Agency Signature Page 29 of 49 LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023 -2009, as amended by Ordinance No. 004 -2015, must complete this form. Name of Bidder /Responder Date: 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one (1) year prior to the notice of request for proposals? (Please furnish copy.) 2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs business on a day to day basis that is a substantial component of the goods or services being offered to Monroe County? (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one year prior to the notice of request for proposals.) List Address: Telephone Number: B. Does the vendor /prime contractor intend to subcontract 50% or more of the goods, services or construction to local businesses meeting the criteria above as to licensing and location? If yes, please provide: 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one (1) year prior to the notice or request for proposals. 2. Subcontractor's physical business address within Monroe County from which the subcontractor operates: (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one year prior to the notice of request for bids or proposals) Tel. Number Address Print Name: Signature and Title of Authorized Signatory for Bidder /Responder STATE OF COUNTY OF On this day of , 20 , before me, the undersigned notary public, personally appeared , known to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he /she is the person who executed the above Local Preference Form for the purposes therein contained. My commission expires: Print Name (SEAL) Page 30 of 49 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty -six (36) months from the date of being placed on the convicted vendor list." I have read the above and state that neither (Contractor/Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty -six (36) months. (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on the day of 2017, by (name of affiant). He /She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: (SEAL) Page 31 of 49 SECTION THREE LEASE AGREEMENT FOR HIGGS BEACH CONCESSION THIS LEASE AGREEMENT is made and entered into on the day of , 2018, by and between MONROE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County" or "Lessor ", whose address is 1100 Simonton Street, Key West, Florida 33040, and , hereinafter referred to as "Lessee" or "Tenant ", whose address is WHEREAS, Lessor is the owner of the Clarence S. Higgs ` Memorial Beach Park, hereafter "Higgs Beach ", that has space(s) available for mobile concessions; and WHEREAS, County advertised via the competitive ..,solicitation process a' Request for Proposals ("RFP") for Mobile Retail Merchandise or Service Concession at Higgs Beach, through which Lessee was deemed the highest- ranked reponsive, conforming proposer; WHEREAS, Lessor desires to` grant to Lessee The right to operate a concession(s) at Higgs Beach at Key West, Florida, and WHEREAS, the Lessee desires to enter into such a lease and represents to the Lessor that it is qualified to operate a concession(sr and has the financial resources to undertake such an operation; NOW, THEREFORE IN CONSIDERATION of the premises and of mutual covenants and promises hereinafter contained, the parties do hereby agree as follows: 1. ` Premises: Lessor hereby leases to Lessee the area identified and shown on Exhibit "A ", hereafter the- "Premises ", for use as a Concession. Exhibit "A" is attached to this agreement and incorporated by reference. The mobile retail concession operation shall be located at least fifty (50) feet away from other concessions located at Higgs Beach. 2. Lease Documents. The lease documents, of which this agreement is a part, consists of the lease documents, which are as follows: This agreement and any amendments executed by the parties hereafter, together with the RFP and any addenda, the response to the RFP and all required insurance documentation. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. Page 32 of 49 3. Regulations. (a) The Lessee shall provide a list of all merchandise it intends to sell and services to be provided with pricing. The County reserves the right to reject any items or services it fords inappropriate, objectionable, or not in the best interests of the County. Lessee is permitted to employ entertainment in the form of a tape /CD, IPod, or interne sound system. Other forms of entertainment may be permitted with the written consent of the Director of Facilities Maintenance or his designee. Where permitted, no sound source shall be permitted that is so loud that it emanates outside of the Lessee's concession space. Lessee will be responsible for obtaining any and all licenses or necessary authorizations to utilize such means of entertainment as set forth herein, if applicable, and indemnify the Lessor for any claims or violations thereto. (b) The Lessee must comply with all the applicable requirements of the statutes, rules, ordinances, regulations, orders, and policies Of the federal, state, county,. and city governments either in effect on the effective date "of this or later adopted. f, (c) Lessee shall be required to obtain Monroe County and :City of Key West Occupational Licenses before beginning operations, Lessee shall also be responsible for obtaining any additional licenses whichmay-be required by Lessee's operations at Higgs Beach before beginning operations. A copy of all licenses must be provided to the County's contract manager within fifteen (15) days of contract award.. 4. Term. This Lease Agreement ''shall commence on the day of 2018, and will terminate on the . day of , 2020, unless terminated earlier under another paragraph of this agreement. This Lease may be renewed, at the County's discretion, for three (3) additional two (2) year terms upon written request by the Lessee, provided at least sixty (60) days prior to termmation of the Lease or any renewal thereof 5.`"4 Rental and Fees. (a) RENT: -- Lessee agrees to pay Lessor rent in the amount of $ per month, for retail merchandise or service concession space as shown on Exhibit "A ". Rental payments are due by the '1 day of the month for which the rent is due and; (b) PERCENTAGE ( %) GROSS TAXABLE SALES: In addition to the monthly rental payment, Lessee agrees to pay Lessor % of the annual gross taxable sales or a guaranteed minimum annual fee of $ , whichever is greater, generated by Lessee's operation of the retail concession space as shown on Exhibit "A ". Annual gross revenues are determined on a calendar year basis. A calendar year shall run from January 1st through December 31st inclusive. Payment of charges under this subparagraph shall be made in monthly installments. A statement, including proof of monthly revenue and a log documenting days and hours of operation, shall be provided by the Lessee to the Lessor each month. Lessee shall remit the greater amount of either % of gross taxable sales or Page 33 of 49 1/12 of the annual guaranteed minimum ($ ) monthly on an arrears basis. Payment shall be made no later than the 25th day of the month payment is due, i.e. January payment by February 25, February by March 25, etc. The Lessee must provide the County with the sales tax records for each month or quarter depending on filing requirements and remit the difference. (c) An annual rental payment adjustment shall be made in accordance with the percentage change in the Consumer Price Index for all urban consumers (CPI -U) for the prior calendar year ending on December 31st. The increase will take effect on the anniversary month of the month when the operation opened for business. In the event 'of a deflationary CPI -U, no adjustment in the lease amount will be made. All payments` should be made payable to the Monroe County BOCC and directed to the Facilities Maintenance . Contract Monitor, 1100 Simonton Street, 2 Floor, Room 2 -216, Key West, FL 33040. (d) No rent payments are due under this agreement until the operation is open for business. If the operation opens on a date other Than the first of the month, then the rent charge will be prorated as a percentage that the number of days in the month that the operation was in business represents to the month as a whole. , , • (e) Lessee must open the operation . for business within fifteen (15) days of the effective date of this Agreement. (f) Lessee shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the ,term of the Agreement and for four (4) years following the termination of this Agreement. An annual operating statement prepared by a C.P.A. must be provided to the Lessor on or before February 28 of the following year. (g) The Lessee must pay all assessments, taxes, including sales taxes, levied by any governmental body with'the power to impose assessments or taxes. The Lessee must provide the County with the sales tax records for each month or quarter depending on filing requirements as set forth in Paragraph 5(b) herein. (h) The Lessee must provide all items and equipment needed for the operation including, but not limited to: vehicle and/or mobile cart, shelving, display cases, tables, chairs, refrigeration units, etc. Lessee's items and equipment must be removed from the Premises at the end of each day or secured in a location within Lessee's concession space, as agreed upon with the Lessor, in such a manner as to not interfere with any daily beach cleaning operations. Page 34 of 49 (i) Notwithstanding anything set forth in paragraph 11 of this agreement, if the Lessee fails to pay any rents or fees due under this lease within fifteen (15) days after the Lessor notifies the Lessee in writing that the rent or charge is overdue, then the Lessor may, in its discretion, either immediately or later, expel the Lessee and any persons claiming the premises by or through the Lessee, and remove any of the Lessee's effects without being guilty of trespass and without prejudice or waiver to any other available remedy the Lessor might have for the recovery of the rent or charges due from the Lessee. Upon the Lessee's expulsion, this Lease will terminate. However, the Lessee's obligation to pay the rent or charges due will survive the termination. Overdue rent and charges will accrue interest beginning on the 16 day after the Lessee was notified in writing by the Lessor that the renter charges 'were overdue. The interest rate will be that established by the Comptroller under Sec. 55.03, F.S., for,the year in which the rent or charge first became overdue. 6. Force Majeure. Neither party shall be liable for any failure or delay in the performance of its obligations under the Lease Agreement 'to the extent - - such . failure or delay necessarily results from the occurrence 'Of a Force Majeure Event beyond the control or reasonable anticipation of either party, including, but not limited .to /conipliance with any unanticipated government law or regulation not otherwise in effect at the time of execution of this Agreement, acts of God, unforeseeable governmental acts or omissions, fires, strikes, natural disasters, wars, riots, transportation problems, and/or any other unforeseeable cause whatsoever beyond the reasonable control of the parties (and .,such • cause being referred to as a "Force Majeure Event "). Accordingly, the parties further agree that:' (a) Upon the occurrence of Force Majeure Event, the non - performing party shall be excused from any further performance of those' obligations under this Agreement that are affected by the Force Majeure Event for as long as (a) the Force Majeure Event continues; and (b) the. -non- performing party continues to 'use commercially reasonable efforts to recommence performance whenever and to w extent possible without delay. (b) _Upon the occurrence of a Force Majeure Event, the non - performing party shall notify the other party of the occurrence of such event and describe in reasonable detail the effect(s) of such event upon the party's performance of its obligations and duties pursuant to this Agreement. Such notice shall be delivered or otherwise communicated to the other party within two (2) business days following the failure or delay caused by the Force Majeure Event, or as soon as possible after such failure or delay if the Force Majeure Event precludes the non- performing party from providing notice within such time period. (c) In the event of a Force Majeure Event, the time for performance by the parties under the applicable statement of work shall be extended for a period of time equal to the time lost by reason of such cause through execution of an amendment pursuant to the terms of the Agreement. Page 35 of 49 7. Background Checks /Personnel. Lessee's employees must consent to Level 1 background checks and the results are to be provided to the County. The County reserves the right to refuse personnel based on results of the background check. The County reserves the right to demand of the Lessee replacement of an employee for the Lessee if a conflict or problem with that employee should arise. The County's Facilities Maintenance Director or his assignee shall have the right to require any employee(s) of the Lessee to be permanently removed from the Higgs Beach premises whenever it appears to be in the best interest of the County. It is the responsibility of the Lessee to inform the Facilities Director or his assignee of all new hires and the results of the background check. t (a) The Lessee will be responsible for the supervision,' hiring, and firing of their own employees and shall be solely responsible for the pay, worker's compensation insurance, and benefits. (b) Communication between the County Representative and the concession personnel is very important. Therefore, the Lessee must assure that at least.one (1) concession personnel can communicate well with the County Representative. Any employee hired 'by the Lessee will be the Lessee's employee and in no way has any association with the,County. The Lessee shall insure that its employees are trained in all appropriate, safety regulations, and comply with all such applicable laws and regulations and comply with all other local, State, and Federal regulations. (c) Uniforms are preferred. for concession personnel however; photo identification cards are required, which shall clearly identify personnel as employees of the Lessee. This requirement shall apply upon entering County property and at all times while on duty. (d) Contractor/Respondent further agrees to notify the County immediately upon becoming aware that one of its employees, who previously completed the background check, is subsequently arrested or convicted of any crime. Failure by Contractor /Respondent to notify County of such arrest or, conviction within forty -eight (48) hours of being put on notice by the employee and /or within five (5) days of its occurrence shall constitute grounds for immediate termination of this Lease by County. The parties further agree that failure by Contractor/Respondent to perform any of the duties described in this paragraph shall constitute a material breach of the contract entitling County to terminate this contract immediately with no further responsibility to make payment or perform any other duties described herein. 8. Hours of Operation. The Lessee agrees to furnish good, prompt and efficient service and /or merchandise to meet all demands for concession service at Higgs Beach. Lessee shall offer quality products at competitive prices at least consistent with similar goods and services presently being offered locally in other local facilities. All pricing for all goods and services are to be posted and visible for all customers. The operation must be open for service 363 days per year and will operate from 10:00 a.m. to sunset, as a minimum, with closing for Thanksgiving Page 36 of 49 day and Christmas day optional. The hours can be revised by mutual consent. For purposes of setting up the concession in the morning and closing the concession in the evening, Lessee may arrive one half hour prior to, and depart no later than one half hour after, the hours of operation. The concession must be roadworthy to meet any FEMA requirements for evacuation from the park and, if necessary, properly registered and licensed for over the road use. 9. Use and Conditions. (a) The Lessee must provide an adequate number of covered metal or commercial outdoor plastic waste containers at its operation. Lessee shall provide separate containers for waste and for recyclables. Lessee must deposit all trash, waste, and recyclables in those containers for proper disposition of the waste and recyclables at the place designated by the Lessor. (b) No signs, advertising, or awnings may be erected by the `Lessee, unless they are approved by the Director of Facilities Maintenance his designee in writing` (c) The concession stand will not have commercial lighting %of any type, including signage. (d) Smoking shall be prohibited by, all concessionaire employees within fifty (50) feet of each concession location. (e) If the Lessee chooses_ to install a security alarm system, it will be of the non- audible type, and approved in writing by County Administrator or his designee. (f) The rental or selling of fishing equipment will not be permitted. (g) As a protection,:` Monroe County takes many precautions to preserve the beaches and natural environment. The County commits to protecting Sea Turtles, other coastal wildlife and their" habitat. The Lessee shall also coordinate and cooperate with State Agencies and sea turtle conservation_ groups during turtle nesting season, April 15 through October 31, when Save - a -Turtle representatives and/or' Certified Turtle Inspectors, are walking the beaches. It is important that the Lessee understand these environmental regulations. (h) The Lessee is responsible for the sole costs and expenses and any maintenance of the Lessee's operation, including any utilities required for its operation and the equipment used by Lessee and/or offered for rental. All accessories and equipment applicable to Lessee's concession operation (tables, canopies, chairs, etc.) shall be clean and in good working condition at all times. All rental equipment shall meet strict safety standards, and equipment which is broken, or a potential safety risk, shall be removed immediately. The Lessee will be responsible for insuring equipment is safe and meets all regulated safety requirements. Facilities Maintenance Director or Assignee reserves the right to remove equipment from the beach at any time if it does not meet minimum service or appearance standards. Page 37 of 49 10. Lessor's Termination. Except as otherwise provided herein, the Lessor may cancel this agreement when, after giving the Lessee thirty (30) days' written notice that an act of default has occurred, the Lessee fails or cannot cure the following: (a) The appointment of a receiver of the Lessee's assets. (b) The divestiture of the Lessee's interest in the lease by court order or other operation of law. (c) The Lessee's abandonment of the operation. Failure to open the operation and keep it open during the business hours described in this agreement for seven (7) consecutive days shall constitute abandonment. (d) The failure of the Lessee to timely perform any of the obligations required of it under this agreement. No waiver of default by the Lessor of any of the obligations required of the Lessee under this agreement may be construed as a waiver of any subsequent default of any of the 'obligations that are required to be performed, kept or observed by the Lessee: The Lessor's waiver of an act of default by the Lessee is not a waiver of the right of the Lessor . to later cancel this agreement because of the Lessee's failure to subsequently . an obligation or,.obligations under this Lease Agreement. • 11. Lessee's Termination. If the Lessee is not'in default of its obligation to pay the rent and the charges, then'the Lessee may cancel this agreement when, after giving the Lessor thirty (30) days written notice of an act of default, the Lessor fails or cannot cure, or fails to timely perform, the obligations required of it under this Lease Agreement. 12. Insurance. Before entering the Premises, the Lessee must obtain insurance in the amounts and according to conditions described as follows: ,(a) The Lessee will be responsible for all necessary insurance coverage which includes, at a minimum: Worker's Compensation - $100,000 Bodily Injury by Accident; $500,000 Bodily Injury by Disease, policy limits; $100,000 Bodily Injury by Disease, each employee Vehicle Liability - $300,000 combined single limit General Liability - $300,000 combined single limit Certificates of Insurance must be provided to Monroe County within fifteen (15) days after award of proposal, with Monroe County BOCC listed as an additional insured on all policies, except Workers Compensation. If the proper insurance forms are not received within the fifteen (15) days, the proposal may be awarded to the next selected respondent. All forms of insurance required above shall be from insurers acceptable to the County. Lessee cannot begin operating until Certificates of Insurance have been received by the County. The Lessor, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Lease. Page 38 of 49 All insurance policies must specify that they are not subject to cancellation, non - renewal, material change, or reduction in coverage unless a minimum of thirty (30) days' prior notification is given to the County by the insurer. (b) The Lessee must keep in full force and effect the insurance described during the term of this agreement. If the insurance policies originally purchased that meet the requirements are canceled, terminated, or reduced in coverage, then the Lessee must immediately substitute complying policies so that no gap in coverage occurs. Copies of current policy certificates shall be filed with the Monroe County Risk Department or the Facilities Contract Manager, as appropriate, whenever acquired, amended, and annually during the term of this Lease. (c) The insurance required of the Lessee in this paragraph is for the protection of the County, its property and employees, and the general public. The insurance requirement is not, however, for the protection of any specific member of the 'general public who might be injured because of an act or omission of the Lessee. The insurance requirements of this paragraph do not make any specific injured member of the general public a third party beneficiary under this agreement. Therefore, any failure by the County to enforce this paragraph, or evict the Lessee if the Lessee becomes uninsured or underinsured, is not a breach of any duty'or obligation owed to any specific member of the general public and cannot form the basis of any County liability to a specific member of the general public or his /her dependents, or estate, or heirs. (d) Notwithstanding anything set forth in paragraph 11 of this agreement, the Lessor may treat the Lessee in default if the Lessee, after entering the premises but before beginning its operation, does not have the insurance required by subparagraph 12(a). Before the County may terminate the agreement in this situation, the County must give the Lessee a written notice of the default stating that, if the required insurance is not obtained within ten (10) days of the Lessee's receipt. of notice, then the County.will cancel this agreement. The County may treat the Lessee in default and cancel this agreement if the Lessee, after starting the operation, fails to keep in full force and effect the insurance required by subparagraph 12(a). Before treating the Lessee in default and terminating the agreement in this situation, the County need only provide the Lessee 24 -hour notice by E -Mail or overnight courier. The County may, but need not, provide Lessee with an opportunity to cure the default. 13. Non - Exclusive Rights. Notwithstanding anything herein contained that may be, or appear to be, to the contrary, it is expressly understood and agreed that the rights granted under this agreement are nonexclusive and the Lessor herein reserves the right to grant similar privileges to another Lessee or other Lessees on other parts of Higgs Beach. 14. Rights Upon Termination. At the end of this agreement (or any renewal), the Lessee's right to the Premises, the use of Higgs Beach facilities, and any other right or privilege granted under this agreement ceases. All equipment, improvements, furnishings, and other property of the Lessee at the Premises are personal to the Lessee and remain the property of the Page 39 of 49 Lessee and must be removed by him/her. The Lessee must also restore the Premise to its original condition, ordinary wear and tear and damage by causes beyond the control of the Lessee, excepted. 15. County's Right of Entry. Lessor reserves the right hereunder to enter upon the Premises at any reasonable time, with advance notice, for any purpose connected with the performance of the Lessor's obligations under this agreement or in the exercise of its governmental functions. 16. Assignment. The Lessee may not assign this 'agreement, or any part of it, or sublease the Premises, or any portion of the Premises, without the written approval of the Lessor. The change of the Lessee's status from an individual to a partnership or corporation is an assignment under this paragraph requiring the Lessor's approval. If the Lessee is approved to do business in the corporate form, any assignment of a controlling interest in the corporate stock is also an assignment under this paragraph that requires the Lessor's approval.- All the obligations of this agreement will extend to the legal representatives successors, and assigns of the Lessee and Lessor. 17. Indemnification/Hold HarmlessLDefense. The Lessee covenants and agrees to defend, indemnify and hold harmless Monrroe'County Board of County Commissioners, and its elected and appointed officers, officials, agents; - servants;: and employees from any and all claims, demands, or causes of action for bodily' injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, costs, penalties, and expenses (including attorney's fees)' which arise out of in connection with, or by reason of the Lessee utilizing the property governed by this lease /rental agreement. The extent of liability is''m no -way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this' agreement: , . t 18. Nondiscrimination. - Lessee agrees that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent • jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action — On the.part 'of any party, effective the date of the Court order. Lessor and Lessee agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681 -1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of Page 40 of 49 1968 (42 USC s.3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code, Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Lease. 19. Mechanic's Liens. The Lessee shall not permit any mechanic's lien or liens to be placed on the Premises or on improvements thereon. If a mechanic's lien is filed, it shall be the sole responsibility of the Lessee or its officer, employee, , =agent, contractor, or other representative causing the lien to be filed to discharge the lien ` and -to hold and defend Monroe County against enforcement of such lien. Pursuant to Section 7 Fla. Stat., the liens authorized in Chap. 713, Fla. Stat. does not apply. to ‘the Lessor. 20. Records — Access and Audits. ,:The .Lessee shall maintain all books;' records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied and maintain such records for a period of four (4) years after termination of this Lease. The Lessor, its officers,_. employees, agents, and contractors shall have access to the Lessee's`books, records, and documents related to this Lease upon request. The access to the inspection Of such books, records, and documents by the Lessor shall occur at any reasonable time. 21. Relationship of Parties. The Lessee is, and shall be an independent contractor and not an agent or; servant of the 'Lessor. The Lessee shall exercise control, direction, and supervision over the:means and manner that its - employees, agents, or volunteers perform the work for which purpose this Lease is entered. The Lessee shall have no authority whatsoever to act on behalf and /or as agent for ,the Lessor'in any promise, lease, or representation other than specifically provided fornin this Lease: The Lessor shall at no time be legally responsible for any negligence_ on the .part of the Lessee, its employees, agents, or volunteers resulting in either bodily or personal injury or property damage to any individual, property, or corporation. 22. Subordination. This Lease is subordinate to the laws and regulations of the United States, the State of and Monroe County, whether in effect 011 commencement of this Lease or adopted after that date. 23. Premises to be Used for Lawful Purposes. It is expressly covenanted between the parties hereto that the Lessee will not use, suffer nor permit any person to use in any manner whatsoever the leasehold property, nor any portion thereof, for purposes calculated to injure the reputation of the leasehold property or of the neighboring property, nor for any purpose or use in violation of the laws of the United States, or of the State of Florida, or of the Ordinances of Monroe County, Florida, or the City of Key West, Florida. Lessee will keep and save the Lessor forever harmless from any penalty or damage or charges imposed for any violation of any of said Page 41 of 49 laws, whether occasioned by neglect of Lessee and Lessee will indemnify and save and keep harmless the Lessor against and from any loss, cost, damage, and expense arising out of any accident or other occurrence, causing injury to any person or property whomsoever or whatsoever, and due directly or indirectly to the use of the leasehold Premises or any part thereof by Lessee. 24. Limitation of Lessor's Liability. It is further agreed that in no case shall the Lessor herein be liable, under any express or implied covenants in the Lease, for any damages whatsoever to the Lessee beyond the rent reserved by the Lese accruing, for the act, or breach of covenant, for which damages may be sought to be recovered against' said Lessor, and that in the event said Lessee shall be ousted from the possession of said property by reason of any defect in the title of said Lessor or said Lessor's authority to make this Lease, said /Lessee shall not be required to pay rent under this Lease while it is so deprived of said property, and that said Lessor shall not incur any liability as a result of such ouster. 25. No Waiver of Breach. It is further mutually covenanted and. agreed between the parties hereto that no waiver of a breach of any of the covenants of this Lease shall be construed to be a waiver of any succeeding breach of the same covenant. r' 26. Severability. If any term, covenant, condition, or provision of this Agreement (or the application thereof to any circumstance or person) shall, be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions, and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition, and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the 'enforcement of the remaining terms, covenants, conditions and provisions Of this Agreement would prevent the accomplishment of the original intent of this Agreement. Lessor and Lessee agree to reform the Agreement to replace any stricken (provision with 'a valid 'provision that comes as close as possible to the intent of the stricken provision.._ 27. Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of Lessor and Lessee and their respective legal representatives, successors, and assigns. 28. Authority. Each party represents and warrants to the other that the execution, delivery, and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 29. Claims for Federal or State Aid. Lessor and Lessee agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Lease; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Page 42 of 49 30. Adjudication of Disputes or Disagreements. Lessor and Lessee agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 31. Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, Lessor and Lessee agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities' related to the substance of this Agreement or provision of the services under this Agreement. Lessor „and Lessee specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 32. Covenant of No Interest. Lessor and Lessee .covenant that neither presently has any interest, and shall not acquire any interest, which:would conflict in any manner or degree with its performance under this Agreement, ,and the only \interest of each is to perform and receive benefits as recited in this Agreement. 33. Code of Ethics. County agrees that officers and`employees of the County recognize and will be required to comply with the standards of conduct 'for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. - 34. No Solicitation/Payinent. Lessor and Lessee warrant that, in respect to itself, it has neithei employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or., secure this Lease Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, Lessee agrees that Lessor shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 35. Public Access. The Lessor and Lessee shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Lessor or Lessee in conjunction with this Lease; and the Lessor shall have the right to unilaterally cancel this Lease upon violation of this provision by Lessee. Page 43 of 49 36. Non - Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statues, the participation of the Lessor and the Lessee in this Agreement and the acquisition of any commercial liability insurance coverage, self - insurance coverage, or local government insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the Lessor be required to contain any provision for waiver. 37. Privileges and Immunities. All of the privileges arid immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity officers, agents, or employees of any public agents or employees of the Lessor, when performing their respective functions under this Agreement within the territorial limits of the Lessor, shall apply to the same degree and extent to the performance of such functions and duties of such officers,- agents, volunteers, or employees outside the territorial limits of the Lessor: 38. Legal Obligations and Responsibilities. 1 Non - Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended .to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the Lessor, except to the extent permitted by the Florida Constitution, State Statute, and case law. 39. Non - Reliance by Non - Parties. - No person or entity shall be entitled to rely upon the terms, or any of them, 'of Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service.or program contemplated hereunder, and the Lessor and Lessee agree that neither the Lessor nor Lessee or any agent, officer, or employee of either shall have the ` authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 40. Attestations. Lessee agrees to execute such documents as the Lessor may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 41. No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent, or employee of Monroe County in his or her individual capacity, and no member, officer, agent, or employee of Monroe Page 44 of 49 County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 42. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 43. Other Use. Lessee shall not use or permit the use of the Premises or any part thereof for any purpose or use other than an authorized by this Agreement. 44. Paragraph Headings. Paragraph headings herein are intended only to assist in reading identification and are not in limitation or enlargement of the content of any paragraph. 45. Notices. Any notice or other commumcation from either parry, to the other pursuant to this Agreement shall be sent by United States Mail, - certified return receipt requested, or by courier with proof of delivery. The place giving Notice .shall:-remain the same as set forth herein until changed in writing in the manner provided in this - paragraph. Notice shall be sent to the following addresses: For Lessor: . ••For Lessee; Monroe County - Public Works Facilities Contract Monitor . 1100 Simonton St. - 2 °d Floor, Room 2 -216 Key West, FL. 33040 And • Monroe County Attorney. _ Post Office Box 1026 ' Key West, FL 33041 - 1026 46. Rights Reserved. Rights not specifically granted to Lessee by this Lease are reserved to the Lessor. 47. Governing Law, Venue, Interpretation. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Lease Agreement, the Lessor Page 45 of 49 and Lessee agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Lessor and Lessee agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 48. Attorney's Fees and Costs. The Lessor and Lessee agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out pocket expenses, as an award against the non - prevailing party, and shall include attorney's fees, courts costs, investigative, and out -of- pocket expenses in appellate proceedings. Mediation proceedings 'initiated and conducted pursuant to this Agreement shall be in accordance witI the Florida Rules'of Civil Procedure and usual and customary procedures required by the circuit court.of Monroe County. 49. Mutual Review. This Agreement has been carefully reviewed by 'the Lessee and the Lessor. Therefore, this Agreement is not to'be construed against pthty on the basis of authorship. .jam 5 50. Entire Agreement. This`w, ° 'writing ` the entire agreement and understanding between the, parties hereto, and there are no other agreements and understandings, oral or written, with reference to��the subject matter ,hered that are not merged herein and superseded hereby. Any amendment to this Lease shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. 4 1� 51. Final Understanding This Agreement is the parties' final mutual understanding. It replaces any earlier agreements or-understandings, whether written or oral. This Agreement cannot be modified or replaced.except by another written and signed agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 46 of 49 IN WITNESS WHEREOF, each party has caused this agreement to be executed by a duly authorized representative. LESSOR: (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA i / By By � /' Deputy Clerk d` Mayor /Chairman Witnesses for LESSEE: LESSEE: -Signature person authorized to Signature legally bind Corporation Date: Print Name Date `�, Print Name Title Address: Signature Telephone Number Print Name Date Page 47 of 49 Exhibit. A HIGGS BEACH SITE PLAN REVISED JUNE 6TH 2017 x TENNIS MONROE COUNTY PROJECT • MANAGEMENT P1 BEACH CHAIR CONCESSIO 1S • - P2.CONCESSION STORAGE TRAILER ATLANTIC BLVD. • s I 1 f - RESTAURANT U P I E7G8TL� G LONG: SLAB fCy +' ter'` I 4 'So} p °L u` Y (( V ' 'f (-''' .4 '4 , 1::::**i'N - BEACHAR �� OLIYBAI C _ _ ay AV E ''' - -- \ _ i IS 7RvG FtESTR04M' * ° CURRENT MEAN HIGH WATER s 4 .. ---....,„..._ '•. 1.4:.,..„,.,.,:e.gali \�� ,, . NOTE: RENTAL EQUIPMENT SHALL, NOT BLOCK BEACH CLEANING EQUIPMENT FROM REMOVIMG DESIGNATE eDRIGONAL MAN HIGH WATER PRE SEAWEED FROM THE SWIM AREA ' SHOREtWE / r FLOAT LINE /EXISTING SEAWALL SOLD PIER SUPPORTS " Page 48 of 49 i i a t it 1 k T ; S < • N :, 3 :,te .,, f � t . .,V1 ,yi *fa ,,,„,,,,....„, ,,„.. - 1, - , { ��. : a'r F � Y A t d ,,/ t 1 ,c\\,. ' ,. .\‘7 7 -„--, ,,' , .....vg,„;--;74 4 7.%-,;%-■ ...„,;•,.,4t,11, t ' 4 ......„.7_. IN.* _, • ,..,7.,s..., ..., ..___ .,1,40,. ,a0 -c. „,•.t.i...4..2.1.,,,,...;:io: .„,,,, , Nitip. - „,.....,\ ....,,,\.. '`-k.:,,,A.\„..„..---11.1,64 --. 1 ; , - q ii„,„, ' l'',\I),4‘-• 46,)\--;,-; it. . - r . — , f 'i . �\�` ®j --'..-W-,,%.' <��.., , \ � £ ` a I ' ~ l . �q \ fit /'' � i -: ; ¢ _ , ' -° ° � ® f 741p.;.,:o ,, ,, , s , fr:*1 6 .. - - - EXHIB "B" The Higgs Beach Master P la n m be found at t following link: http : / /www.monro ecounty -fl. gov /2 5/Higgs -Beach Page 49 of 49