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Item C21 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 12/10/14 Division: Public Works & Engineering_ Bulk Item: Yes X No v Department: .............. Staff Contact, Trish Smith 453-8808 AGENDA ITEM WORDING: Approval to award the bid and enter into a one year lease agreement with Pamela Uslander for a mobile food concession at Higgs Beach, ITEM BACKGROUND: In October 2014, the BOCC issued an approval to negotiate with the highest ranked, responsive conforming respondent to an RFP for "Mobile Retail Merchandise and Food Concessions at Higgs Beach." County revenues under this contract will be a minimum of $2,400 for calendar year 2015, which includes $1,200 in rent payments and 5% of the annual gross revenues (with a guaranteed minimum of$1,200). PREVIOUS RELEVANT BOCC ACTION: 10/17/14 - Approval to negotiate with the highest rated, responsive, conforming respondent for a mobile food concession at Higgs Beach. 1/31/14—Approval to advertise a Request for Proposals for mobile vendors at Higgs Beach. I/16/14—Discussion of a mobile food vendor at Higgs Beach. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: 0 BUDGETED: Yes No - X COST TO COUNTY: 0 SOURCE OF FUNDS: REVENUE PRODUCING: Yes XA No AMOUNT PER YEAR: $2.400,00 (minimum) ///�k -j-0/ tc� APPROVED BY: County Attorneys OMB/PUrchasing Risk Maria semen Included X Not Required DISPOSITION: AGENDA ITEM# MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Pamela Uslandeir Contract# Effective Date: 0110112015 Expiration Date: 1213112 Contract Purpose/Description: One year contract for a mobile food vendor at Higgs Beach. ..........--........... Contract Manager: Trish Smith 453-8808 PW & (Name) (Ext.) (Department/Stop#) for BOCC meetino on December 10, 2014 A2enda Deadline: November 21, 2014 CONTRACT COSTS Total Dollar Value of Contract: $ 2,400 min Current Year Portion- 0 Budgeted?Yes® No E] Account Codes: Grant: $ -0- County Match: $ -0- ADDITIONAL COSTS Estimated Ongoing Costs: $ n/a Jyr. For: �Not included in dollar value above e.2., maintenance, utilities,lanitorial, satari,es,,etc.' CONTRACT REVIEW Changes Date Out Date In Needed Revie�Wer Division Director Yes[:] N1oF-1 17 NOV 14 Risk Management Yes D NoEr" o4kPurchasing YesO No County Attorney d YesF NqF� �7 q rli,Z" Comments: ............. ............. OMB Form Revised 2/27/01 MCP#2 LEASE AGREEMENT FOR HIGGrS BEACH CONCESSION THIS LEASE AGREEMMU is made and entered into on the day of 2014, by and between MONROE COUNTY, a political subdivision of the State of Florida,hereinafter referred to as County or LESSOR, and Pamela Uslander,hereinafter referred to as LESSEE or Tenant; WHEREAS, LESSOR is the owner of Clarence Higgs Beach Park,hereafter Beach or Premises,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 and Food Concessions at Higgs �8 through which the LESSEE was deemed the highest ranked responsive,conforming bidder,and WHEREAS, LESSOR desires to grant to LESSEE the right to operate a concession at Higgs Beach at Key West,Florida,and WHEREAS, LESSEE desires to enter into such a lease and represents to the LESSOR that it is qualified to operate a concession 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 a mobile vendor space within the boundary of Clarence Higgs Beach Park(Exhibit A)for use as a Concession.The mobile vendor must park in a designated parking space at least 50 feet away from existing park vendors. 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, 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 3. (a) The LESSEE will sell paletas, a Wizen treat made from fruit and cream, via a mobile food cart. The County reserves the right to reject any items 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 intereet sound system. Other forms of entertainment may be permitted with the written consent of the Director, Public Works & Engineering 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. (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 1 (c) LESSEE shall be required to obtain Monroe County and City of Key Nest Occupational Liceasm 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 Countyt 's contract manager within 15 days of contract award. (d) 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 agent are nonexclusive and the LESSOR herein reserves the right to grant similar privileges to another LESSEE or other LESSEE on other parts of Higgs Beach. 4. Term..This Iease agreement will take effect on the 1't day of January 2015, and will terminate on the 31°t day of December 2015, unless terminated earlier under another paragraph of this went. This lease may be renewed, at the County's discretion, for(2)two additional (2) two year terms upon written request by the LESSOR, which will be provided at least 60 days prior to termination of the lease. 5. Rental and Fees (a) RENT: LESSEE agrees to pay LESSOR rent in the amount of$JkO.Q per month, for retail concession space. Rental payments are due by the i st day of the month for which the rent is due. (b)Percent(%) GROSS TAXABLE SALES: In addition to the monthly renal payment, LESSEE agrees to pay LESSOR 5% of the annual gross revenues or a guaranteed minimum amual fee of$I.200.00.whichever is greater, generated by LESSEE's operations. Annual gross revenues are determined on a calendar year basis. A calendar year shall run from January 1st through December 31 st inclusive. Payment of charges under this subparagraph shall be made in monthly installments. A statement, including proof of monthly revenue and a log documenting hours of operation,shall be provided by the LESSEE to the LESSOR each month.LESSEE shall remit the greater amount of either 5% of gross taxable sales or 1/12 of the annual guaranteed minimum ($1O+O.QO)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. In the event the total amount paid during any calendar year period is less than the greater of the fees set forth in this contract, LESSEE shall remit the difference by February 28 of the year: subsequent to the calendar year for which the charge is due. (c)LESSEE shall open the operation for business on JanuarX 1,2015. � Lesav t4 u.sr opu-J r-br- Bus(MMS W tTMt N 14 W6 e PTAS FFFecn 6' (d) LESSEE shall miitatain all books, records dair+ectly pertinent t Performance under this Agreement in accordance with generally accepted accounting . consistently applied Each party to this Agreement or their authorized representatives ve reasonable and timely access to such records of each other party to this Agreement fo lie records purposes during the term of the Agreement and for four years following the termination of this Agreement. An annual operating statement prepared by a Certified Public Accountant must be provided to the LESSOR on or before February 28 of the following year. (e) 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 2 the County with the sales tax records for each year on or before February 28 of the following year. (f) 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. (g) Notwithstanding anything set forth in paragraph 9 of this agreement, if the LESSEE fails to pay any rents or fees due under this lease within 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 16th 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. The LESSEE agrees to famish good,prompt and efficient service to meet all demands for concession service at the Beach. The operation must be open for service 365 days per year and will operate from 10.00 am. to sunset, as a minimum. 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. LESSEE'S MOBILE CONCESSION WILL NOT O'I'HERWISE BE LOCATED ON HIGGS"BEACH FOR ANY REASON. 7. (a)The LESSEE must provide an adequate number of covered metal 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,Public Works&Engineering or his designee in writing. (c) The LESSEE is responsible for the maintenance of the LESSEE's operation, including the equipment used by LESSEE and/or offered for rental. 8. Except as otherwise provided herein, the LESSOR may cancel this agreement when, after giving the LESSEE 30 days writt en noti ce 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. 3 q C (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 agracmi nt 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. 9. 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 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 10. (a)Before entering the premises,the LESSEE must obtain insurance in the amounts and according to the conditions descn'bed as follows: The LESSEE will be responsible for all necessary insurance coverage which includes, at a minimum: "Y 4my --I.=14�j . . . General Liability-$300,000 combined single limit �A Certificates, of Insurance must be provided to Monroe Co within fifteen days P're arty thin ft after award of proposal. If the proper insurance forms are not received within the fifteen days, proposal,may be awarded to the next selected respondent LESSEE cannot begin operating until Certificates of Insurance have been received by the County. Tlw Monroe County Board of County Commissioners will be included as "Additiond IUSUrel"�On all Policies, ept w� compensation,issued to satisfy the above requirements.All formsof insurance required a shall be from ears ac ceptable to the sty. I 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 days prior notification is given to the County by the insurer. ( )The LESSEE must keep to full fleece and affect the insurance deschbed during the tern of this agreement.If policies on el,that m po originally patches eat the requirements are canceled,terminated or reduced in coverage,then the LESSEE must immediately substitute complying policies so that no gap in coverage occurs. 4 (c)no 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 requtirement 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 undeuinsured, 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&er dependents,or estate or heirs. (d) Notwid sudiug anything set forth in paragraph 9 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 ll(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 11(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 FAX or overnight courier, The County may, but need not,provide LESSEE with an opportunity to cure the default. 11. 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 the Beacli. 12. At the end of this agreement(or any renewal), the LESSEE's right to the premises, the use of 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 roust be removed by him. The LESSEE roust also restore the premise to its original condition,ordinary wear and tear and damage by causes beyond the control of the LESSEE ea cepted. 13. LESSOR may 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, 14. 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, suers and assigns of the LESSEE and LESSOR. 15. Hold Harmless -Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, LESSEE shalt defend, indemnifyand hold the Coup and the County s L. County's elected and appointed officers and employees hamnless from and against(i)any claims, actions or causes of action,(ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury(including death), loss, damage, fine,penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of LESSEE or any of its employees, agents, contractors or other invitees during the terra of this lease, (A)the negligence or willful misconduct of LESSEE or any of its employees, agents, contractors or other invitees, or(C)LESSEE's default in respect of any of the obligations that it undertakes under the terms of this lease,except to the extent the claims,actions,causes of action, litigation,proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than LESSEE). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this lease, this Section will survive the expiration of the term of this lease or any earlier termination of this lease 16. 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 on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC as. 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 as. 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, as. 523 and 527 (42 USC as. 690dd-3 and 290ee-3), as amended,relating to confidentiality of alcohol and drug abuse patient records; 8) Title VM of the Civil Rights Act of 1968 (42 USC s. 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. 1201 Note), as maybe amended from time to time,relating to nondiscrimination based of disability 10)Secs. 13-101, et seq.,Monroe County Code,relating to discrimination based on race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identify 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 Agreement. 17. 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 terns, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining terns, 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 re maining 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 6 provision with a valid provision that comes as close as possible to the intent of the stricken provision. 18. 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. 19. 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. 20. 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 no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Hoard of County Commissioners.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 by Florida law. 21. Cooperation-In the event any adifrinistnitive 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. 22. 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 i performance is p ormance under this Agreement, and the only interest of each is to perform and receive benefits as recited in this Agreement. 23. 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. 24.No Solicitation/Fayment-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 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 fiiom monies owed,or otherwise recover,the full amount of such fee,commission,percentage,gift or consideration. 7 25, Non-Waiver of humanity- 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. 26, 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 27. Legal Obligations and Responsibilities - 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. 28. Non-Reliance by Non-Parties -No person or entity ahall 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. 29. Attestations - LESSEE agrees to execute such documents as the LESSOR may reasonably require,to include a Public Entity Crime Statement,an Ethnics Statement,and a Drug. Free Workplace Statement. 30. 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. 31. 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. s 32. 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. 33.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. 34.Notices-Any notice of other communication from either party to the other pursuant to this agreement is sufficiently given or communicated if sent by registered mail, with proper postage and registration foes prepaid,addressed to the party for whom intended:at the following addresses: For LESSOR: For LESSEE: Patricia(Trish)Smith,AICP Monroe County Public Works&Engineering Division Pamela Uslander 102050 Overseas Highway, Suite 212 102 E.Crest Avenue Key Largo,FL.33037 Bensenville,M.60106 And County Attorney 1111 12th Street,Suite 408 Key west,Fl. 33040 or to such other address as the party being given such notice shall from time to time designate to the other by notice given in accordance herewith. 35. Governing Law,Venue,Iaterpretdtion. Governing Law, Venue,Interpretation,Costs, and.Fees -This Agreement shall be governed by and construed in accordance with the Taws of the State of Florida applicable to contacts 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 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 therm the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 36. 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 atto=y'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. 9 37. 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. 38. Final TInderstanding - Thus agreement is the parties' final mutual understanding. It replaces any earlier agreements or ynderstandiw, whether written or oral. This agreement cannot be modified or replaced except by another written and signed agreement. IN WITNESS WHEREOF, each party has caused this agreement to be executed by a duly authorized representative. (SEAL) BOARD OF COUNTY CONWSSIONERS ATTEST: AMY HEAVILIN,CLERK OF MONROE COUNTY,FLORIDA By Mayorr/Cbairmw LES : I r? ATTEST: By L�� P'annela Uslander By: Title: Owner Title: OMCtAL Y�CF M AS pER]go J. _pCA00 ASSR8T 10 EXHIBIT A HIGGS BEACH BOUNDARY SURVEY mqui r3'a u v Si r I m{, CIF', °ry b •a • 'ptry al I i ,# /, ,�;fi t �(• "�" Q / — 7 G o f I / I d) ° ti"7I • a/ / •° ) u t I I lb \ lo ai ,� l d 1 ! 6 Ai u go It A i 1 r .w) i s ro9 I ' r P ,aIF rF J •�¢ r � � f' '� # I I , I• '� >m, r r $ C q lu rr di , r r d 14 df v -46 " .. 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Be EXHIBIT B USLANDER RFP SUBMITTAL t REQUEST FOR PROPOSALS FOR MOBILE RETAIL MERCHANDISE AND FOOD CONCESSIONS AT 3CGGS BEACH MONROE COUNTY,FLORIDA 0 BOARD OF COUNTY COMMISSIONERS Mayor Sylvia.Murphy, District 5 Mayor Pro tem Danny Kolhage, District I Commissioner George Neugent,District 2 Commissioner Heather Carruthers, District 3 Commissioner David Rice,District 4 COUNTY ADMINISTRATOR ROMAN GASTESI Jr. DIRECTOR OF PUBLIC WORKS & ENGINEERING KE"V`IN WILSON CLERK OF THE CIRCUIT COURT AMY HEAVILIN June 2014 TABLE OF CONTENTS NOTICE SECTION ONE Instruction to Respondents SECTION Two Contract Specifications SECTION THREE Contract BID PROPOSAL NOTICE OF REQUEST FOR PROPOSALS NOTICE J.S HEREBY GIVEN TO PROSPECTIVE PROPOSERS that on 2014 at iunty Commissioners of Monroe 3:00 P.M. at the Monroe County Purchasing OfFce, the Board Of Co County, Florida, will open sealed Proposals for the following: MOBILE RETAIL MERCHANDISE AND FOOD CONCESSIONS ATHIGGSBEACH. MONROE COUNTY FLORIDA RFP- Requireinents for submission and the selection criteria may be requested from DernandStar by Onvia at W 1111A ell'all d sta r-co m OR w v%N.co.iiioiiri)ecotiiitv-tl.f--ov/na(vt�s/iiis(]/I)ids.lititi or call toll-free at 1-800- 71-1-1712, Public Record is available at the Purchasing Office located at the Gato Building, 1100 Simonton Street, Key West, FL 33040. Questions should be directed, in writing, to Peter Horton, 3491 S. Rooseve,11, Blvd., Key West, FL, 33040 or by facsimile to (305) 292-3578. All answers will be by in writing, Proposers must submit two (2) signed originals and 4 copies of each Proposal in a sealed envelope clearly iilarked on the outside, with the Proposer's name and "Sealed Proposal for Mobile Retail Merchandise and Food Concessions at Higgs Beach" addressed to: Monroe County Purchasing Office 1100 Simonton Street, Room 1-213 Key West, FL 33040 Phone: (305)292-4465 Fax: (305)292-4515 All Proposals must be received by the County Purchasing Office before 3:00 P.M. on -LL' __, 2014, 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 re�jected. 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. 't'h.e Board will automatically reject the response of any person or affiliate who appears on the convicted vendor list prepared by the Department of General Services, State of Florida, Linder 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 ("Otinty, "I'lle most responsive Proposal(s), along with the recommendation of the County Administrator and the requesting Department Head, will be presented to the Board of County Commissioners of Monroe I County. Florida, for Final awarding or otherwise. The Board reserves the right to rcjcct 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, Dated at Key West this------------day of 2014, Monroe County Purchasing Department Publication dates Reporter --------- Keynoter Citizen 2 SECTION ONE INSTRUCTION TO RESPONDENTS 1.01 INTRODUCTION DESCRIPTION Monroe County, as the owner of Ifiggs Beach, is soliciting proposals for two mobile retail concessions in the Higgs Beach Park, One of the mobile retail concessions shall be a snack and/or drink vendor who will offer products not currently available at the restaurant concession, Salute. The second mobile concession shall provide leisure and/or recreational and/or watersports merchandise products not currently offered by the existing concession, Tropical Watersports. 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 set-vices offered by the concessions. Respondent must include in the proposal a sample list of all products and sery ices proposed to be available for sale and/or rent at the concession spaces. 1.02 DEFINED TERMS Terms used in the Instructions to Respondents are defined and have the meanings assigned to them in the (jeneral Conditions. The terms Bidder, Concessionaire, Contractor, Lessee, Proposer, and Respondent are synortyllIOUS. 1.03 COPIES OF BIDDING DOCUMENTS A. Only complete sets of Bidding Documents will be issued and shall be used in preparing bids. I'lle County does not assume any responsibility for errors or misi use of incomplete sets. I nterpretations resulting Born the Complete sets or Bidding 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) A. Bach 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 brief 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 DISQ1J!A,LIFICATION OF RESPONDENTS A. One Proposal: All proposals Submitted must be specifically addressed to one of the concession types described herein. If a respondent desires to bid on both concessions, the respondent has to do so with two distinctly separate, stand-alone proposals such that the co unty may choose to select only one of the proposals with no obligation towards the respondent's second proposal. 3 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 is such collusion shall be rejected, and no participants in such collusion will be considered in future bids for the same work. 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 as contract with any public entity, and may not transact business with any public entity in excess of the threshold arnounL provided in Section 287.017, for CATEGORY TWO for a period ot'36 months fro 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 DRtJG-FR[,,E WORKPLACE FORM and submit it with his 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. 1.06 EXAMINATION OF CONTRACT DOCUMENTS A. Each respondent shall carefully examine the contract documents, and inform hirnsclf'thCW0LlghlV regarding any and all conditions and requirements that may in any manner affect the cost or tile goods or the services to be provided under the lease. Ignorance on the part of tile respondent will in no way relieve him of the obligations and responsibilities assumed under the lease. B. Should a respondent find discrepancies or ambiguities in, or omissions from, the bid (k)CLUnents, or Should he be in doubt as to their meaning, he 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 bid documents. Any inquiry or request for interpretation received ten (10)or more days prior to the date fixed for opening of proposals will be given consideration. All such changes or interpretatiffl] Will he made in writing in the form of'an addendum and, if issued, will be posted oil Dernandstar and will be mailed or sent by available means to all known prospective respondents prior to the established proposal opening date. Each respondent shall acknowledge receipt of such addenda in the space provided therefore in the proposal form. In case any respondent fails to acknowledge receipt of such addenda or addendum, his proposal will nevertheless be constrLILd as though. it had been received and acknowledged and the submission of his/her proposal will constitute acknowledgment of the receipt of same, All addenda are a part of the bid 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 proposals are opened. 4 1-08 GOVERNING LAWS AND REGULATIONS A, "Hie respondent is required to be familiar with and shall be responsible for complying with all federal, state, and local laws, ordinances, rules, and regulations that in. any manner affect the work. The respondent',; proposal shall include a sample list of all products and services proposed to be available for sale at the concession(s). G 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. 1.09 PREPARATION OF PROPOSALS A. Signature of the respondent: The respondent must sign the Proposal flori-ris in the space provided l'or 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 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 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 SUBMISSION OF PROPOSALS A. TWO (2) signed originals and 4 copies of each proposal shall be submitted, B. The proposal shall be submitted in a sealed envelope which shall be marked so as to clearly indicate its contents and the name of the respondent. If forwarded by mail, the above mentioned envelope shall be enclosed in another envelope addressed to the entity and ad-dress stated in the Notice of Requesting for Proposals, and preferably by certified mail or overnight courier; if f6rwarded otherwise than by mail, it shall be delivered to the same address. Proposals will be received until the date and hour stated in the Notice of Requesting for Proposals. t"lach respondent shall submit with his proposal the required evidence of his qualifications and experience., as outlined in Article 1.04. 1.11 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. 1.12 MODIFICATION OF PROPOSALS Written proposal modification 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 tirne and marked on the outside: Proposal for Mobile Retail Merchandise and Food Concessions at Higgs Beach. 1.13 RECEIPT AND OPENING OF PROPOSALS Proposals will be received until the designated time and will be publicly opened, and read aloud -it 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 tirne has arrived and no proposals received thereafter will be considered. No responsibility will be attached to anyone for the premature opening of a proposal not properly addressed and identified. Respondents or their authorized agents arc invited to be present. 1.14 DETERMINATION OF SUCCESSFUL RESPONDENT 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 modification's, are incomplete, conditional, obscure, or which contain additions riot requested or irregularities of any kind, or which do not comply in every respect with the Instruction to Respondents, and the bid documents, may be rejected at the option of the County. The County may contact a Respondent to request clarification of an ambiguity in the respondetWs proposal. 1.15 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 1.16 AWARD OF LEASE 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 servicc,., contemplated. If proposals are found to be acceptable by the County, written notice will be given to the selected respondent of the acceptance of his proposal and of the award of the lease to him. 13. 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 rated responsive conforming respondent complying with the applicable conditions of the bid documents. D. The County also reserves the right to reject the proposal of a respondent who has previously failed to perform properly. 6 E. The most responsive proposal(s), along with the recommendation of the Director, Public Works & l-'rigineering or his designee, will be presented to the Board of County Commissioners of Monroe County, Florida—For final awarding or otherwise, 1.17 EXE(JJ'I'ION OF CONTRACT The respondent to whom a lease is awarded shall be provided and will be required to return to (fie County four (4) executed counterparts of the prescribed lease together with the required certificates of insurance within fifteen (15) days frorn the date of notice of acceptance of the respondent's proposal. 1.18 CIERTIFIC-ATE OF INSURANCE A. The Lessee will be responsible for all necessary insurance coverage which includes, at a rriinimum: 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 .I.Jability - $100,000 combined single limit General [liability- $300,000 combined single limit Certificates of Insurance must be provided to Monroe County within fifteen 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 days, proposal may be awarded to the next selected respondent. 11. All forms of insurance required above shall be from insurers acceptable to the County. 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 days prior notification is given to the County by the insurer. 7 SECTION TWO PROPOSAL SPECIFICATIONS FOR MOBILE RETAIL CONCESSIONS ATHICGS BEACH A. The term of the lease will be for a period of I year renewable, at tile County's discretion, for(2)two additional (2) two year terms. 13, The Proposal shall include a sample list of all products and services proposed to be available for sale at tile concession(s). C, The Concessions will consist of(1) one mobile retail concession offering snacks and/or drink products not currently available at the restaurant concession, Salute, and (1) one mobile concession offering leisure and/or recreational and/(,')r watersports merchandise products not currently offered by the existing, concession, Tropical Watersports. All proposals submitted must be specifically addressed to one of the concession types described herein. If a respondent desires to bid on both concessions,., the respondent has to do so with two distinctly separate, stand-alone proposals such that the county may choose to SCIeCt 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). "me operation must be open for service 165 days per year from 10:00 A.M. till sunset, as a minimum. (The hours can be revised by mutual consent.) NO utilities services will be provided by the County, therefore the respondent's operation should be self-contained. However, it' 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 ofoperation, Respondent will be reqUired to remove his/her mobile concession and will not be allowed to remain or storc the concession on Higg's Beach apart from tile agreed to hours of operation. The concession should therefore be roadworthy and, if necessary, properly registered and licensed for over the road use. F. I..,essee shall agree to pay Lessor: i) arnonthly 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 annual payment are a fee that shall be paid in addition to the monthly rent. Such payment to be submitted to the Monroe County Board of County Commissioners, Monroe County, Florida by the 25"' day of the following; month. An annual rental adjustment shall be made in accordance with percentage change in the Consumer Price Index (Cl,.)I) for all urban consumers (C.Pl-U) for the prior calendar year. F, Lessee shall include a proposed site location for Lessee's mobile retail concession operation that is at least 50 feet away from either of the current concessions located at I liggs Beach and shall mark the proposed location on Exhibit 1. 9 SECTION THREE LEASE AGREEMENT FOR HIGGS BEACH CONCESSION '"['HIS LEASE AGREEMENT is made and entered into on the i��".. day of J—AMLAtjv,!j_, , by and between MONROE COUNTY, a political subdivision ref"the State of Florida, hereinafter referred to as County or Lessor, and hereinafter referred to as Lessee or'Tenant; WHEREAS, the Lessor is the owner of the Higgs Beach Park, hereafter Beach, that has space(s) available for mobile concessions; and WHEREAS, Lessor desires to grant to Lessee the right to operate (a) concession(s) at. Higgs Leach 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 hereinaatier contained, the parties hereto do hereby agree as fellows: 1. Premises - Lessor hereby leases to Lessee the area shown on Exhibit A, hereafter the premises, for use as a Concession. Exhibit l is attached to this agreement and incorporated by reference. 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, the response to the RFP and all required insurance documentation. In the event of a discrepancy between tlae documents, precedence: shall be determined by the order of the documents as just listed. . (a) The Lessee shall provide a list of all merchandise it intends to sell. The Count:y reserver the right to reject any items it finds inappropriate, objectionable or not in the, best. interests of the County. Lessee is permitted to employ entertainment in the form of a t pceiC.l)„ [Pod, or internet sound system. Other forms of entertainment may be permitted with the; written. consent o' the Director, Public Works & Engineering or his designee. Where permitted, no sound source shall be permitted that is so loud that it emanates outside of the 1 essee"s concession space.. (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. I() (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) 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 ],.,E Sol I' or other LESSEE on other parts of Higgs Beach. 4. Term - This lease agreement will take effect on the day of ',.,FAxf 24 . and will terminate on the day ol"t -:,s terminated earlier I ,)t , , 2015, unless tei under another paragraph of this agreement. This lease may be renewed, at the County's discretion, for (2) two additional (2) two year terms upon written request by the LESSOR provided at least 60 days prior to termination of the lease or any renewal. 5, Rental and Fees a. i. Lessee agrees to pay Lessor rent in the amount of$ per month, for retail concession space as shown on Exhibit I and ii. Lessee agrees to pay Lessor '/c of the annual gross revenues, or a 0 guaranteed rninitnum annual fee of whichever is greater, generated by LosseCs operations at retail concession space as shown on Exhibit 1. Rental payments are due by the I" day of the month for which the rent is due. 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. The increase will take effect on the anniversary month of the month when the operation operied for busincss. Annual gross revenues are determined on a calendar year basis. A calendar year shall run from January I" through December 31" inclusive. Payment of charges under this subparagraph shall be made in monthly installments. Lessee, shall remit, at a miniMLIM, 1/12 of the annUk.11 guaranteed minimum ($ -1135" treacle no on an arrears basis. Payment shalt be i later than the 25"' day of the month payment is due, i.e. January payment by February 25, February by March 25, etc. In the event the total amount paid during any calendar year period is less than the greater of the fees set forth in 5a,ii, Lessee shall remit the difference by February 28 of the Ycar subsequent to the calendar year for which the charge is due, (b) No rent payments are due tinder 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 months a whole. (c) Lessee must open the operation for business within days of the effective date of this agreement. (d) 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 years following tile 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. (e) 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 year on or before February 28 of the following year. (f) 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. (h) Notwithstanding anything set forth in paragraph 9 of this agreement, if the Lessee :fails to pay any rents or fees due under this lease within 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 prqjudice 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 [6"' day afw.r the Lessee was notified in writing by the Lessor that the renter charges were overdue. J'he interest rate will be that established by the Comptroller under See. 55.03, F.S., for the year in which the rent or charge first became overdue. 7, The Lessee agrees to furnish good, prompt and efficient service to rneet all dernands for concession service at the Beach. The operation must be open for set-vice 365 days per year and will operate from 10:00 a.m. to sunset, as a minimum. 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, LESSEE'S MOBILE CONCESSION W11A., NOT OTHERWISE BE LOCATED ON HIGGS' BEACH FOR ANY REASON. 12 8 (a) The Lessee must provide an adequate number of covered metal waste containers at its operation. Lessee shall provide separate containers for waste and for recyclables. lessee inust 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, Public Works& Engineering or his designee in writing. (c) The Lessee is responsible for the maintenance of the I-essee's operation, including the equipment used by Lessee and/or offered for rental. L, 9 Except as otherwise provided herein, the Lessor may cancel this agreement when, after giving the Lessee 30 days written notice that an act of default has occurred, the Lessee falls 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 ()fit 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 ot'defit.ult 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. 10. 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 30 days written notice of an act ordcfaUlt, the Lessor fails or cannot cure, or fails to timely perform, the obligations required off it under this lease agreement, IL (a) Before entering the premises, the Lessee must obtain insurance in the ainounts and according to the conditions described as follows: 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 13 Vehicle Liability - $100,000 combined single limit General Liability - $300,000 combined single limit Certificates of Insurance Must be provided to Monroe County within fifteen 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 tllc fifteen days, proposal may be awarded to the next selected respondent. 'rhe Monroe County Board of County Commissioners will be included as "Additional insured" on all, policies, except workers compensation, issued to satisfy the above requirements. All forms of insurance required above shall be from insurers acceptarble to the County. 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 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. (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 rcqUirernent is not, however, for the protection or any specific member of the general public who might he injIured 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 patty beneficiary tinder 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 9 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 1. 1(a). Before the COUrItV 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 I-essee'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 I I(a). Before treating tile in default and terminating the agreement in this situation, the County need only provide the Lessee 24-Dour notice by FAX or overnight courier. The County may, but need not, provide Lessee with an opportunity to cure the default. 12, Notwithstanding anything herein contained that may be, or appear to be, to tile 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 the Beach, 13. At the end of this agreement (or any renewal), the Lessee's right to tile premises, the use of 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, Tile 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, 14. Lessor may enter upon the premises at any reasonable th-ne, 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. 15, The Lessee may not assign this agreement, or any part of it, or sublease the prern.ises, or any portion of the premises, without the written approval of the Lessor. The change ofthe trXssee'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 aSSignITICIlt Linder 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 Lesson, 16. Hold Harmless Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Lessee shall defend, indemnify and hold the County and the Clounly's elected and appointed officers and employees harmless from and against (i) any claims, action; or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or Sustained by, any indemnified party by reason of, or in connection with, (A) any activity of" Lessee or any of its employees, agents, contractors or other invitees during the terns. of this lease, (8) the negligence or willful Misconduct of Lessee or ally of its employees, agents, contractors or other invitees, or (C) Lessee's default in respect of any of the obligations that it. undertakes under the terms of this lease, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or Ornissions of the County or any of its employees, agents, contractors or invitees (other than insofar as the claims, actions, causes of action, litigation., proceedings, costs or expenses relate to events or circumstances that occur during the term of this lease, this Section evil I survive the expiration of the term of this lease or any earlier termination of this lease. 15 17. 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 conipetent 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, l-,essor 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 on the basis of race, color or 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 or 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 ,'Oct. of 1912, ss. 523 and 527 (42 USC ss. 69(fdd-3 and 290ce-3), as amended, relating to confidentiality ofalcohol and drug abuse patient records; 8) 'Title Vill ofthe Civil Rights Act of 1968 (42 USE; s. 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. 1201 Note), as may be amended from tirric to time, relating to nondiscrimination based of disabilit)/; 10) Secs. 13-101, et seq., Monroe County Code, relating to discrimination based on race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identify 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 Agreement. 18. Sever.a.b. i.lity: If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or Uneril'orecable 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 foillest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions or this Agreement would prevent the accomplishment of the original intent oaf this Agreement. I-essor 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. 19. Binding Effiect: 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. 20. Authorit . Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary Country and corporate action, as required by law. 1., Adiudication 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 no resolution can be agreed upon within 30 days, allcr the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. 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 by Florida law. 22. 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 tinder 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. 23. (-.'.ovenant of No Interest. Lessor and Lessee covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any mariner or degree with its performance Linder this Agreement, and the only interest of each is to perform and receive benefits as recited in this Agreement. 24. 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 or gifts-, doing business with one's agency; unauthorized compensation; misuse of public position, co nflicting employment or contractual relationship-, and disclosure or use Of cenain information. 25. No Solicitation/Payment, 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 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. 0f,'.',UCh fee, commission, percentage, gift or consideration. 26. Non-Waiver of lmmunity: 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 irnMUnity to the extent of liability 17 coverage, nor shall any contract entered into by the Lessor be required to contain ally provision for waiver, 27. Privileges and Immunities: All of the privileges and immunities from liability, exemptions frorn 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. 01, employees outside the territorial limits of the Lessor. 28. Legal Obligations and Responsibilities: 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 l"lorida Constitution, State Statute, and case law. 29. Non-Reliance bv 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 clainn or entitlement to or benefit of any service or program contemplated hereunder, and. the I 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. 30. Attestations. Lessee agrees to execute such documents as the Lessor niay reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, sand a Drug- Free Workplace Statement. 31. No Personal Liability. No covenant or agreement contained herein sl-iall be deemed to be a covenant or agreement of any member, officer, agent or employee of Mofiroe County in his or her individual. capacity, and no mernber, officer, of 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. 32. 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 Agreenwnt by signing any such counterpart. is 3, Other Use - l-essee shall not use or permit the use of the premises or ally part thereoff"or any purpose or use other than an authorized by this agreement. 34. Paragraph fleadingis - Paragraph headings herein are intended only to assist 111 reading Identification and are not in limitation or enlargement of the content of any paragraph. 35. Notices - Any notice of other communication from either party to the other PLU'Alaot to this agreement is sufficiently given or communicated if sent by registered mail, With proper postage and registration fees prepaid, addressed to the party for whom intended, at the following addresses: For Lessor: For Lessee: Director of Engineering;and Public Works Historic Gato Building I 100 S i nionton, St. AV -2 Kev West, Fl— 33050 3 0 And County Attorney 12'�' Street, Suite 408 Key West, Fl. 33040 or to such other address as the party being given such notice shall from time to tirne designate to the other by notice given in accordance herewith. 36, Governing Law, Venue, Interpretation. Governing Law, Venue, Interpretation, Costs, and Fees: 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 enl'orcement or interpretation of this Agreement, the Lessor and Lessee agree that venue will fie 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 there the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 37, 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 enforcenient 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 19 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, 38. Mutual Review. This agreement has been carefully reviewed by the Lessee and the Lessor. "Fheretbre, this agreement is not to be construed against either party on the basis of' authorship, 39. 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. IN WITNESS WHEREOF, each party has caused this agreement to be executed by a duly authorized representative. (SEAL) BOARD OF COtjr'NTY COMM ISSIONL,"IRS ATTEST: AMY frIFAVILIN, CLFRK OF MONROF COLJN,ry,, FLORIDA Mayor/Chairman 1,E S S F"f ATTE ST: By L ............L By: Title: i� Title: 0 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 consultant under a contract with any public entity, and may not transact business with any public entity, in excess ofthe threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." By executing below, proposer states that he/she/it is in compliance. Signature STAT IF, OF (Signature of Respondent) COUNTY OF 4 t�DATE PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by one,(name of individual signing) affixed his/her signature in the space provided above on this day of 20(k�. My commission expires: NOTA . Y,PUBLIC OM7MAL SEAL D F�, VICTOR D MARIINU VICI M My y Comnflssson Expsrus Oct 7,2014] 21 INSURANCE CHECKLIST FOR VENDORS SUBMITTING PROPOSALS FOR WORK To assist in the development of your proposal, the insurance coverage's marked with all "X" will be required in the event an award is made to your firm. Please review this form With Y(31.11- 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' 1,[ABILITY Workers' Compensation Statutory I,imits WC1 X Employers Liability $100,0005500,0005100,000 GENERAL LIABILITY As a minirriurn,the required general liability coverage will include: • Premises Operations Products and Completed Operations • Blanket Contractual • Personal Injury • Expanded Definition Of'Property Damage Required Limits: X $100,000 per Person; $300,000 per Oceurrence $50,000 Property Damage or $300,000 Combined Single Limit VEHICLE LIABILITY As a minimum, coverage should extend to liability for: Owned,Non-owned; and hired Vehicles Required limits: 22 VL,1 x $50,000 per Person; $100,000 per Occurrence $25,000 Property Damage or $100,000 Combined Single Limit INSURANCE AGENTS STATEMENT 1 have reviewed the above requirements with the respondent named below. The following. deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Liability policies are Occurrence Clairns Made Insurance Agency Signature _____.m...... IJ ,. RESPONDENTS STATEMENT I rrnderrstam] the insurance: that will be mandatory if awarded the contract and will comply in full with aH the requirements. Respondent y M y Signature 23 BID PROPOSAL The Bid Proposal shall be submitted on the forms included in this section of the Bidding Documents as previously instructed therein. Item Description 1. Bid Proposal Form 1 Non-Collusion Affidavit 3. Lobbying and Conflict of Interest Clause(Ethics Clause) 4. Drug Free Workplace 5. Local Preference Form Monroe County Occupational License (Current copy to be submitted with bid) 2,1 BID PROPOSAL FORM TO:MONROE COUNTY BOARD OF COUNTY COMMISSIONERS C/O PLTRCIIASING DEPARTMENT CATO BUILDING ROOM 1-21.3 1.100 SIMONTON STREET KEY WEST, FLORIDA 33040 ..,"... FROM: t t Nt_A l •fir Af Bid Price for Concession space at Higgs Beach will be paid to Monroe County at the following rate: Monthly rent of$ t,Or .:plys !,-1ppercentage of Gross 'I"axable Sales. Minimum annual guaranteed remit and percentage of sales shall be $ The undersigned, having carefully examined the work, specifications, proposal, and addenda thcreto. and other Contract Documents for the services of: RETAIL, CONCESSIONS AT HIGGS BEACH The Contractor, in submitting the foregoing proposal, agrees to comply with all contract. specification documents, I acknowledge receipt of Addenda No. (s) �FT w 341 - 1 (Check mark (�) items below,as a reminder that they are included.) I have included the Bid Proposal which entails: Bid proposal Form with proposed sample list of iterns to be offered for sale ; the Non-Collusion Affidavit —," ; the l,obbyin.g and C 'onfiic:t of Interest Clause ; and the Drug :Free Workplace Form ~ and. the Local Preference Form "-_-- In addition, I have included a current copy of Monroe County Occupational l-icense ; Insurance Agents Statement and all requirements as stated. it) Section One, Article 1.04 paragraphs A through D. Print Nam � �d�:�� -��:._..�_�_ tad�� d's.� t rtle Mailing ,Address: rk.. Telephone,: Fax: Sigaled; 't' ..� ., � �t Witness:. � My Gr7rsif'rr ttFii x p u : Lrt f, 2014 .,,:e, � .�.�..a^ r.hmyxi;;ra w r r vxcv.m ^,;r�^wr .a .a.,w•P,.:? NON-COLLUSION AFFIDAVIT t>ek— of the cif yof according to law on my oath, and under penalty or perjury,depose and say that: I am _11-1#-A CE' L,A L-A?,J of the firm of the respondent making the Proposal for the project ject described in the Notice for Calling for bids 15 "" for: J, L6,L- and that I executed the said proposal with full authority to do so: 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 respondent or with any competitor; unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the respondent and will not knowingly be disclosed by the respondent prior to bid opening, directly or indirectly, to any other respondent or to any competitor; and no attempt has been made or will be made b the respondent to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 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 awardino contracts for said project, (Signature of Respondent) I t0 iJE,05) ()al STATE OF: COUNTY OF: PERSONALLY APPEARED BEFORE ME,the undersigned authority, Jt who, after first being sworn by me, (name of individual signing) affixed his/her signature in the! sp;KN, provided above on, this 11- day of _.�_2014, NOTARY PU. ,)MCIAL SUkL My Commission Expires: mary Pubhc - StZIN' al Minois Im Y(1,k)0,6111 G�I D�1 E X P i S G,C 12 014 26 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA FTHICS CLAUSE A 0 warrants that he/it has not employed, retained '0 e or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 ofOrdinance No, 10-1990 or any County officer or employee in violation of Section 3 of Ordinince No. 10-1990. For breach or violation of this provision the County tray, in its discretion,terminate this contract without liability and may also, in its discretion, deduct fi-orn the contract or purchase price, or otherwise recover, the full amount of any fee, corni-nission, percentage, gift, or consideration paid to the former County officer or employee. (signature) 6a,!, Date: i . STATE ()F C 0 1.-J NTY 01 IT'RSONALILY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her signature ('name of individual signing) in the space provided above on this__ I�L day of 12014. NOTARY PUBLIC My ex ices: OHIC�k SEAL. VICTM�� D MAR HNEZ Notary Pubk - State of DrIols My Commission Expires Oct 7, 2014 (AIII - MCP FOR= 77 DRUG-FREE WORKPLACE FORM, The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that- 17- ),44 A w, (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"AtCh 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 prograrns, 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 tinder bid a copy of the statement specified in subsection (I). 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 Linder bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea ofaUttly or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled .substance la�v 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, or 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, 0 F STATF' (Signature of'Resp,oride, t) COUNTY of, Adl t. llf,"RSONALLA APPEARED BEFORE M] , 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 2014. M, i'si n x ir,s: ...................... NOTARY PUBLIC OFFICIAl SEAL VICTOR D MARTiNFZ Nchary Putific - S as e of 1EaEn6s My Comanmsmi Expre (',,cl, 7, 2014 29 LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023-200.9 must cornpicte this form. Name of Bidder/Responder Datek` 1. Does the vendor have a valid receipt for the business tax paid to the Monroe (.,',0UF1t' 'I"ax Collector dated at least one year prior to the notice or request for bid or proposal'? (Please furnish copy. ) 2. Does the vendor have a physical business address located within Monroe County froni which the vendor operates or performs business on a day to day basis that is a substantial cotriporient of the goods or services being offered to Monroe List Address: Telephone 13. 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 year prior to the notice or request for bid or proposal, 2. Subcontractor Address within Monroe County from which the subcontractor operates: Tel. Number 117 Print Name: .)Y Signature and Title of Authorized Signatory for Bidder/Responder S`UATF OF: C0LJN`I'Y OF: Subscribed and 4worn to (or affirmed) before me on L -- (date) by (i ____(name of af---flamt). fle/She is personao�lv known to me or has produced ,I—Apr TAnMjhIT, (type of idend fication) as identification. Z!O:TA.R:Y I t OFHCW,�SEAL My Commission Expires:VV08 MARTINEZ Not.lry Putoic State o�flhfl*�s n Expires MY Cw�vmssoon Expires Cci T 2014 SLal I FW .......�i 90 ! logs 804CA poeafas Pa"feea Hyde ust amd er 102 ig. Crest aAvemote tiomsomweee, neimois 6o ti6 630-915-1967 iggs BoacR paecta,s Diggs $eacA Key West, Morida 33040 EXECUTIVE SUMMARY Vision I liggs Beach Paletas will open in January of'2015 on Higgs Beach, Key West, Florida. My mission Is to ensure dependability, serve a high end, quality product that is cost effective, displayed and presented professionally in keeping with Key West demographics, I can meet your expectations and satisfy any changing needs being a hands on owner. I liggs Beach Paletas will be in a position to expand and grow rapidly into other areas of Key West with use of my experience of'22 yrs. in the mobile cart business in the Chicagoland area. ('orkjure an image of a hot afternoon on the beach, lying on a chair or blanket or under a shady palm tree with clear blue skies, listening to the ocean. Summertime or anytime in Key West is Pa.letas Time! These Mexican ice pops full of chunks of fruit, available in an array of colors, from �wect to not-so-sweet flavors will be a compliment to Higgs Beach. The key component of Higgs Beach Paletas success will be involvement in the local community, 1'rom community days, to donations, to festivals and Pests, to special events, to sponsorship and beyond, the management and staff of Higgs Beach Paletas will be heavily involved in local cornmUllity, Company Overview The legal name of the business is TBD. The legal form of the business isTBD, A form will be cht)sen to provide limited liability aspects of the business or corporation while protecting the slicircholders from potential double taxation. ThQ first location will be on Higgs Beach, Key West, Florida. 'rhe location was chosen because of its proximity to local business, residential area, tourist attraction and substantial parking located within walking distance of the beach. The location was also chosen because of lack of such product in the vicinity of the beach. The president of the Higgs Beach Paletas will be Pamela I lyde Uslander, who brings more than 23 yrs. in the mobile cart business located in Elmhurst, Oakbrook and Lombard, Illinois, U. slander will oversee operation systems development, advertising, public relations, campaigns, nienu development and refinement and other related areas. Future site selections and business development will also be headed by Pamela Hyde Uslander. Outside professional services will be provided by attorney John Landry, accountant Mike Peters, Product Stratep, Higgs Beach Paletas will offer a limited product, focusing on serving only the best quality of Paletas, The paletas, the signature item, will be purchased from either one of two companies I am currently in contact with; both have high standards, are highly recommended and have a quality prod u ct �8,ith Years experience behind them. The paletas (pah-leh-tabs} are a premium frozen treat made with real fruit and cream, typically sold by street vendors and push carts. The name comes from Palo or"stick" and the ending eta referencing the little flat stick frozen in to each bar; the carts where they are sold from are known as "Paleterias" and sellers are called "paleteros". Paletas are a refreshing favorite in many Hispanic countries. It is shaped similar to frozen fruit bars but that's where the similarity ends. Authentic paletas are made with real cream, mild and fresh fruit, all natural ingredients. r]],C paletas flavors can be divided into 2 categories: cream based and water based. They come in classic and exotic flavors. Paletas come in an incredible range of flavors from fruits like: 0 Strawberry. 9 Pineapple * Mango * Coconut 0 flanana caramel 0 .1 lorchata (rice milk) 0 Arroz con leche To exotic flavors: • Chocolate Sea Salt • Orange basil • Jainacia made with hibiscus flowers • Cucumber with chili • Blackberry Mojito Paletas, icy, spicy and cool! Financial Requirements Bused on research and experience the palettas cart can be opened for less than $5000, this would include purchase or lease or equipment, insurance, licensing, inventory and supplies requites to open. Any differences in future locations will be due to size of the site and or modifications of design and product, Summary Pam,cla llyde Uslander has proven herself with entering her 23 d yr in the food/mobile cart business. She has proved with quality food, friendly service, dependability, marketing skills Nvhich include her website The Hot Dog Lady of Elmhurst, Facebook: The Hot Dog Lady of t_-]rnliurst (which is used for major networking) and various other forms, that this undertaking in I ligggs Beach will be a success. The I-lot Dog Lady of Elmhurst has been written up in the R'FA's Annual Report, on the cover of the local Business Directory, featured on local. and cable television. ("'hicavoTribune, Chicago Sun Times, Suburban Life Magazine, featured on ABC's Channel 7, harry Porterfields, "Someone You Should Know" etc. The 23yr Chicagoland business offered a-unique" concept for the city of Elmhurst, Oakbrook and I ornbard, Illinois, which has drawn a great deal of people from all areas and all walks of life, The 1920's style hot dog cart has always been a sign that the spring and summer season arrived in Illinois. I want to take this concept of uniqueness, my experience and expertise with expansion into Key West, with a significantly different product that adheres to the area, demographics. I Want to use cross promotion, which will draw my customer following/customer base into your area, Higgs Beach is one of the most beautiful beaches in Key West and is definitely on the most popular places tor fun in the sun. Assumption I The paletas cart will be open, year round, January-December, open seven days a week (weather permitting) between the hours of 10:00am-6.00pm. Additional hours upon request or special events. The menu will be limited to various flavors of'paletas, a. Average daily number of customers are between 100-150 b, Sale averages between $3,0045.00 c. Average daily gross sales $300-$500 I Assui-riptions on projections based on significant increase in sales from continued promotions and special events. Exaniples: Dishing`Tournament, Fantasy rest, Pet Masquerade and Parade, Veterans Parade, Art Fests, Bike Tour,just to name a few I proJect a moderate 3% increase monthly. Wages , salaries and or weekly draws 'I'BD Di '��i u / r^ u I Ili I " I� i, IIIi�Y r III lir I 411 I t I r / / I I I� �M IIIIIIIIIIIIIIIIII �,f J/ IY �YrI��lll'i II III III IIII�l lul IIII IIII V IV I I I III V V0000 M1M1II I I hIIIIIIIV i q" XX1I44G p y p 111I1I� Ilmul'I�u I�ICV�I'lll�IIIIYlIV9111I i ' ol I,. IIIII IIIIII uul�, i. .i '! I' 1"I / i; ^UIJpI JJJJ II // uuuuuullll uu url�� 'v/ i i u r r � IIIIVII^,1 u �III��I IIIIII{III Y y i /�// r / y/// / / / // // /// j� IIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IY";"Yalu I,� ��ry'I IIYf'I uu I, Illi�o III a �I� I Illml� lk ' ^ ~ 2014 Proposal For Mobile Retail Merchandise and Food Concessions At Higgs Beach Monroe County, Florida July 15, 2014 Higgs Beach Po|etas Pamela Hyde Usiander 1O2E. Crest Avenue Bensenville, Illinois 60106 630-915-1957 To whom it may concern; Thank you for this opportunity to share my vision and considering my business for HiggsBeach |nKey West. | am proposing a sekf-comtained,environment friendly business with a commitment to keep pollution free, clean air, recycle establishment on Higgs Beach. | would imnn way compete with Mr. Lernbo'snr Mr. Hatch's existing businesses and would only enhance their businesses on Higgs Beach. I have received approval and recommendation via email from Christopher J. Lembo,October 21, 2013 and Richard Hatch, November l4, 2Q13. (Please see attached) I submitted an Executive Summary in 2013 and have put a great deal of time, effort and financial investment into rny Higgs Beach Pa|etas cart vision. \ also attended and made m presentation to the Monroe County Board of County Commissioners Meeting on, Friday,January 31, 2O14. Thank YOU, Pamela HydeUs|ander October,21, 2013 Dent Pierce, Director Monroe County Public Works Key West, F1 Re; Adclitiona4 vendor for Higgs Beach Park I have spoken with Pamela Uslander regarding her proposal to obtain a vendor license to sell coconuts, ice crearn, frozen fruit and coconut products. I am all for adding a vendor to sell these products at the Beach, i receive numerous requests daily for coconuts. A new vendor license for these products would be a good fit and complement the atmosphere and development path of the Park. Thank You, CHRISTOPHER J. LEMBO 0ristopher J. Lembo Tropical Watef-sports,Owner Washintort-Rosa From: biueheaven729@gmail.com Sent: Thursday, November 14, 2013 2:30 PM To: Washington-Rosa SubjecV Higgs Beach (Salute concerns) Dear Rosa, Kcilo from beautiftil Higgs Beach. Salute's reqUeSt is that Parnela doesn't compete with us Selling Qcrns we 6elkl, If she wants to sell the palettas in her stand beside; Chris's chair and unabrella beach hut that is Okay With US. ffYOU have: 111Y questions don't hesitate tO COntaCt LIS. Thank you, Richard Hatch Thank yoii, III LIC I feaven BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Division: Ilublic Works 30�, ltenl� Yes No Department: Parks and Recreation Advisory !:bard Staff'Contact: Rosa,Washi�toti/292-4432 T(7;-1,N-I)A ITEM WORDING: Approval to add new vendor at Higgs Beach, ITEM BACKCROUND. Pamela Uslander submitted a proposal to the Parks and Recreation AGJvl�ory Board (f'RAB), in an effort to explore the possibility of becoming a Higgs Reach vendor. J'he 11RA13 voted unaniniously to recommend Ms. Uslander's proposal to the BOCC, The proposal was f'orwarded to the Friends of Higgs Beach, Richard I-latch and Christopher Lcmbo, and they all c.,rt t i.e proposal, with afew rcQoinmendations set forth by Mr. Hatch, 'I'lie recommendations are; 1) A cuiv year trial period, 2) cart SIIOL]td be stationed a minimurn of fifty (50) feet from the existing vk.ndor (Salute), NIs. [Islander has agreed to the recommendations and she Understands that she must obuuin� liability insurance to protect tier and M C.Monroe ounty, M.s. (JI slander's proposal includes $50,"nionth rent for the First year, I'REVIOUS RELEVANTBOCC AcrtON: N/A CONI'RAC'I'/A(,'R,EEMf',N'I' CtIANCES: N/A STAFFRECOMMENDATIONS: Approval - with the recommendation that rent beset at$100 per month. Will return to the ROCC for approval on rental agreement. IOTAL., COST: 0 BUDGETED: Yes No X COST TO C'O 17 N TY: 0 SOURCE OF FUNDS: REVENUE PRODUCIN(,,: Yes N"o AMOUNT PER YEAR: $600.00 (approximately) 1 6 1'( APPROVED BY, Comity kitty Z Y14'5-- OMB/Purchasing , N/A Risk.Management I)OC U MENTATION: Inc lUded X Not DISPOSITION:-1--- AGENDA ITENI ft--