Item D04 D4
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
Board of County Commissioners Meeting
July 19, 2023
Agenda Item Number: D4
2023-1178
BULK ITEM: Yes DEPARTMENT: Parks and Beaches
TIME APPROXIMATE: STAFF CONTACT: John Allen
N/A
AGENDA ITEM WORDING: Approval to award bid for the food/beverage concession services at
Higgs Beach.
ITEM BACKGROUND:
On June 1, 2023, a Request for Proposal (RFP) for a Food and Beverage Concession Service at Higgs
Beach was advertised on Demandstar with an opening date of July 5, 2023. A Selection Committee
composed of three people met via a Webinar on July 6, 2023, at 9:00 a.m. It is the recommendation of
the Selection Committee to enter into a Lease Agreement with 1000 Atlantic Blvd, LLC, upon
successful negotiations. Negotiations may include associated financial documentation requirements,
staffing, rental amounts and the guaranteed minimum as a percentage and allows for annual CPI-U
amounts. Additionally, staff recommended that the RFP contain language that would condition the
operation of a restaurant on the County's ability to successfully resolve certain grant restriction issues,
but if those efforts are not successful, that the vendor convert the restaurant to a snack bar. 1000
Atlantic Blvd, LLC, proposes to pay a base monthly rent in the amount of Seven Thousand Five
Hundred Dollars ($7,500.00) in addition to Two and One-half Percent (2.5%) of gross taxable sales,
with a guaranteed combined total minimum of Fifteen Thousand Dollars ($15,000.00)per month. This
initial Lease Agreement is for five (5)years with the option to renew, at the County's discretion, for five
(5) additional five(5)year terms.
PREVIOUS RELEVANT BOCC ACTION:
On March 22, 2023,the BOCC granted approval to advertise a RFP for a Food and Beverage
Concession Service at Higgs Beach.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
611
Lease Agreement for Higgs Beach Food and Beverage Concession
Ranking Committee Higgs Beach Food and Beverage Concession Final Rank-ing.pdf
Ranking Committee Higgs Beach Food and Beverage Concession Minutes
RFP for Higgs Beach Food and Beverage Concession
1000 Atlantic Blvd LLC Response to RFP
FINANCIAL IMPACT:
Effective Date: August 12, 2023
Expiration Date: August 12, 2028
Total Dollar Value of Contract: Seven Thousand Five Hundred Dollars ($7,500.00)per month plus
Two and One-half Percent(2.5%) of gross taxable sales, with a guaranteed combined total minimum of
Fifteen Thousand Dollars ($15,000.00)per month.
Total Cost to County: N/A
Current Year Portion: Seven Thousand Five Hundred Dollars ($7,500.00)per month plus Two and
One-half Percent(2.5%) of gross taxable sales, with a guaranteed combined total minimum of Fifteen
Thousand Dollars ($15,000.00)per month.
Budgeted: Yes
Source of Funds: Revenue
CPI: Yes
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: yes If yes, amount: Seven Thousand Five Hundred Dollars ($7,500.00)
per month plus Two and One-half Percent (2.5%) of gross taxable sales, with a guaranteed combined
total minimum of Fifteen Thousand Dollars ($15,000.00)per month.
Grant: N/A
County Match: N/A
Insurance Required: Yes
Additional Details:
612
Lease Agreement
LEASE AGREEMENT
FOR HIGGS BEACH CONCESSION
KEY WEST, MONROE COUNTY, FLORIDA
THIS LEASE AGREEMENT is made and entered into on the day of
, 2023, by and between MONROE COUNTY, a political subdivision of the
State of Florida, hereinafter referred to as"County"or"Lessor", whose address is 1100 Simonton
Street, Key West, Florida 33040, and 1000 Atlantic Blvd LLC, a Florida Limited Liability
Company, who mailing address is 729 Thomas Street, Key West, Florida 33040, hereinafter
referred to as"Lessee" or"Tenant".
WHEREAS, Lessor is the owner of the Clarence S. Higgs Memorial Beach Park,
hereinafter"Higgs Beach", and
WHEREAS, County advertised via the competitive solicitation process a Request for
Proposals ("RFP") for Food and Beverage Concession Services Concession at Higgs Beach,
through which Lessee was deemed the highest ranked responsive, conforming proposer; and
WHEREAS,Lessor desires to grant to Lessee a non-exclusive right to maintain and operate
a Food and Beverage concession(s) at Higgs Beach at Key West, Florida, and
WHEREAS,the Lessee desires to enter into such a lease and represents to the Lessor that
it is qualified to operate a concession(s) and has the financial resources to undertake such an
operation;
NOW, THEREFORE, IN CONSIDERATION of the premises and of mutual covenants
and promises hereinafter contained,the parties do hereby agree as follows:
1. Premises. The COUNTY as LESSOR does hereby lease unto LESSEE and the
LESSEE does hereby accept from the COUNTY, in its "as is" condition, the Premises identified
and shown on Exhibit "A", hereinafter the "Premises", for use as a Concession, situated at 1000
Atlantic Boulevard,Key West,Monroe County,Florida. Exhibit"A"is attached to this agreement
and made a part hereof 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 and any addenda,the response to the RFP,and any attached
exhibits thereof, 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.
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3. Scone of Work and Regulations. The Lessee shall maintain and operate a
concession business for the purpose of food and beverage concession and/or any other enterprise
appropriate for the location(s), currently located on that certain portion of Higgs Beach as
evidenced on the attached Exhibit"A".
(a)The Lessee shall provide a list of food and beverages to be provided with pricing.
The County reserves the right to reject any items or services it finds inappropriate, objectionable,
or not in the best interests of the County. Lessee is permitted to employ entertainment with the
written consent of the Director of Parks and Beaches or his designee.
(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
including but not limited to LWCF regulations, in effect on the effective date of this Lease or later
adopted.
(c) Lessee shall be required to obtain and maintain Monroe County and City of
Key West Occupational Licenses before beginning operations. Lessee shall also be responsible for
obtaining and maintaining any additional licenses which may be required by Lessee's operations
at Higgs Beach before beginning operations.A copy of all licenses must be provided to the County
Parks and Beaches Sr. Budget Manager within fifteen (15)days of contract award.
4. Term. This Lease Agreement shall commence on the 12th day of August, 2023, and
will terminate on the 12th day of August, 2028, unless terminated earlier under another paragraph
of this agreement.
5. Renewals. This Lease may be renewed, at the County's discretion, contingent upon
written approval of the Board of County Commissioners,for five(5)additional five(5)year terms
upon written request by the Lessee, provided at least sixty (60) days prior to termination of the
Lease or any renewal thereof.
6. Rental,Maintenance Fee and Tax.
(a) RENT: The minimum base rental payment (hereinafter collectively known as
collectively known as "Base Rent"), shall include rent, and applicable tax. The Rent for the
Premises is a minimum of $7,500.00 Dollars per month, beginning on August 12, 2023, and
thereafter payable in advance on or before the first business day of each and every month. LESSEE
SHALL PAY SALES,USE, or EXCISE TAXES and any and all other sums of money or charges
required to be paid by Lessee pursuant to the provisions of this lease.
Rental Amount
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To:
Monthly Rent: $7,500.00 (Minimum)
Monthly Applicable Use tax: $ 525.00 **
TOTAL Rent: $8,025.00
**Current rate as of 01/01/2023: 7%(State and Local)subject to change and rent amount
due shall be adjusted accordingly.
(b) PERCENTAGE (%) GROSS TAXABLE SALES: In addition to the monthly
rental payment, Lessee agrees to pay Lessor Two and One-half Percent(2.5%) of the monthly
gross taxable generated by Lessee's operation of the food and beverage concession space as shown
on Exhibit "A", with a guaranteed combined total minimum of Fifteen Thousand Dollars
($15,000.00) per month. Stated differently, the percentage portion of the rent shall be equal to a
minimum of Seven Thousand Five Hundred Dollars($7,500.00)per month, in addition to monthly
base rent of Seven Thousand Five Hundred Dollars ($7,500.00) per month. Monthly gross
revenues are determined on a monthly basis. A calendar year shall run from January 1 st
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 days and hours of operation, shall be provided by the Lessee to the Lessor each
month along with an accurate and complete copy of the State of Florida Department of Revenue,
Sales and Use Return DR-15 (or such forms as the State of Florida shall hereafter substitute for
said form) showing the full amount of Lessee's Gross receipts from the Demised Premises during
the previous month. The Statement must be in affidavit form. Lessee shall remit monthly on an
arrears basis the greater amount of either 2.5% of gross taxable sales or the monthly
guaranteed minimum ($7,500.00). Payment shall be made no later than the 25th day of the
month payment is due, i.e. January payment by February 25, February by March 25, etc. The
Lessee must provide the County with the sales tax records for each month or quarter depending on
Lessee's filing requirements and remit the difference. Lessee is subject to a fifty-dollar ($50.00)
late submission penalty should Lessee not furnish to Landlord copies of Form DR-15 by the
twenty-fifth(25th) day of each month.
"Gross Sales" shall mean the amount of sales of all merchandise, food or services sold
or rendered at or derived from the use of the Demised Premises by Lessee or any sub-Lessee,
licensee, etc. Lessee may deduct from Gross Sales: (i) any refunds to customers, provided they
have been included in Gross Sales; and (ii)the amount of any sales, use or similar tax levied upon
retail sales and payable over to the appropriate governmental authority.
(c)An annual rental payment adjustment shall be made in accordance with the percentage
change in the Consumer Price Index for all urban consumers (CPI-U) for the prior calendar year
ending on December 31 st. The increase will take effect on the anniversary month of the month
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when the operation opened for business. In the event of a deflationary CPI-U,no adjustment in the
lease amount will be made. All payments should be made payable to the Monroe County BOCC
and directed to the Monroe County Parks and Beaches Department, Contract Monitor, 102050
Overseas Hwy., Key Largo, FL 33037.
(d) Lessee must open the operation for business within thirty (30)days of the effective
date of this Agreement.
(e) Lessee shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives shall have
reasonable and timely access to such records of each other party to this Agreement for public
records purposes during the term of the Agreement and for four(4)years following the termination
of this Agreement. An annual operating statement prepared and certified by a Certified Public
Accountant (C.P.A). must be provided to the Lessor on or before February 28 of the following
year and shall include with reasonable detail the amount of Gross Sales made by Lessee from the
Demised Premises during the preceding Lease Year.
(f) The Lessee must pay all assessments, taxes, including sales taxes, levied by any
governmental body with the power to impose assessments or taxes. The Lessee must provide the
County with the sales tax records for each month or quarter depending on Lessee's filing
requirements as set forth in Paragraph 5(b)herein.
(g) The amounts due under sections 5(a), 5(b), and 5(f) shall constitute the total
monthly rent. Notwithstanding any grace period herein, total rent not paid when due shall bear
interest from the date due until paid at the highest rate permitted by law.
(h) The Lessee must provide all items and equipment needed for the operation
including, but not limited to: kitchen equipment, shelving, display cases, tables, chairs,
refrigeration units, cooking apparatus etc. Lessee's items and equipment must be removed from
the outside of the Premises at the end of each day or secured in a location within Lessee's
concession space, as agreed upon with the Lessor, in such a manner as to not interfere with any
daily beach cleaning operations. All property of any kind that may be on the premises during the
term of this Lease Agreement shall be at the sole risk of the Lessee. The Lessor shall not be liable
to the Lessee or any other person for any injury, loss or damage to property or person on the
premises.
(i) Notwithstanding anything set forth in paragraph 10 of this agreement,if the Lessee
fails to pay any rents or fees due under this Lease within fifteen(15) days after the Lessor notifies
the Lessee in writing that the rent or charge is overdue,then the Lessor may,in its discretion,either
immediately or later, expel the Lessee and any persons claiming the Premises by or through the
Lessee, and remove any of the Lessee's effects without being guilty of trespass and without
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prejudice or waiver to any other available remedy the Lessor might have for the recovery of the
rent or charges due from the Lessee. Upon the Lessee's expulsion, this Lease will terminate.
However, the Lessee's obligation to pay the rent or charges due will survive the termination.
Overdue rent and charges will accrue interest beginning on the 16'" day after the Lessee was
notified in writing by the Lessor that the renter charges were overdue. The interest rate will be
that established by the Comptroller under Sec. 55.03, Fla. Stat., for the year in which the rent or
charge first became overdue.
7. Force Maieure. Neither party shall be liable for any failure or delay in the performance
of its obligations under the Lease Agreement to the extent such failure or delay necessarily
results from the occurrence of a Force Majeure Event beyond the control or reasonable
anticipation of either party, including, but not limited to, compliance with any unanticipated
government law or regulation not otherwise in effect at the time of execution of this Agreement,
acts of God, unforeseeable governmental acts or omissions, flood, fires, earthquakes, explosion,
tropical storm, hurricane or other declared emergency in the geographic area of the Premises,
strikes,natural disasters,wars,terrorist threats,riots,or other civil unrest in the geographic area of
the Premises, transportation problems, plague, epidemic, pandemic, outbreaks of infectious
disease or any other public health crisis, including quarantine or other public or employee
restrictions, and/or any other unforeseeable cause whatsoever beyond the reasonable control of
the parties (and such cause being referred to as a"Force Majeure Event").
(a) Upon the occurrence of a Force Majeure Event, the non-performing party shall be
excused from any further performance of those obligations under this Agreement that are affected
by the Force Majeure Event for as long as(a)the Force Majeure Event continues; and(b)the non-
performing party continues to use commercially reasonable efforts to recommence performance
whenever and to whatever extent possible without delay.
(b) Upon the occurrence of a Force Majeure Event, the non-performing party shall
notify the other party of the occurrence of such event and describe in reasonable detail the effect(s)
of such event upon the party's performance of its obligations and duties pursuant to this
Agreement. Such notice shall be delivered or otherwise communicated to the other party within
two (2)business days following the failure or delay caused by the Force Majeure Event,or as soon
as possible after such failure or delay if the Force Majeure Event precludes the non-performing
party from providing notice within such time period.
(c) In the event of a Force Majeure Event, the time for performance by the parties
under the applicable scope of work shall be extended for a period of time equal to the time lost by
reason of such cause through execution of an amendment pursuant to the terms of the Agreement.
8. Personnel.
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(a) The Lessee will be responsible for the supervision, hiring, and firing of their own
employees and shall be solely responsible for the pay, worker's compensation insurance, and
benefits.
(b) Communication between the County Representative and the concession personnel
is very important. Therefore,the Lessee must assure that at least one (1)concession personnel can
communicate well with the County Representative. Any employee hired by the Lessee will be the
Lessee's employee and in no way has any association with the County. The Lessee shall insure
that its employees are trained in all appropriate safety regulations, and comply with all such
applicable laws and regulations and comply with all other local, State, and Federal regulations.
(c) The parties further agree that failure by Contractor/Respondent to perform any of
the duties described in this paragraph shall constitute a material breach of the contract entitling
County to terminate this contract immediately with no further responsibility to make payment or
perform any other duties described herein.
9. Hours of Operation. The Lessee agrees to furnish good, prompt and efficient service
and/or merchandise to meet all demands for concession service at Higgs Beach. Lessee shall offer
quality products at competitive prices at least consistent with similar goods and services presently
being offered locally in other local facilities. All pricing for all goods and services are to be posted
and visible for all customers. The operation must be open for service a minimum of six (6) days a
week as a concession/restaurant Monday-Sunday,including holidays,anytime between 7:00 A.M.
- 11:00 P.M., and shall not exceed the established beach hours as specified in Monroe County
Ordinance 18-26(e), as may be amended from time to time. Hours of operation may be modified
by mutual agreement.
10. Use and Conditions.
(a) The Lessee must provide an adequate number of covered metal or commercial
outdoor plastic waste containers at its operation. Lessee shall provide separate containers for waste
and for recyclables. Lessee must deposit all trash, waste, and recyclables in those containers for
proper disposition of the waste and recyclables at the place designated by the Lessor.
(b) No signs, advertising, or awnings may be erected by the Lessee, unless they are
approved by the Director of Parks and Beaches or his designee in writing.
(c) Smoking shall be prohibited in accordance with Monroe County Code of
Ordinances Sec. 18-4, as may be amended from time to time.
(d) As a protection, Monroe County takes many precautions to preserve the beaches
and natural environment. The County commits to protecting Sea Turtles,other coastal wildlife and
their habitat. The Lessee shall also coordinate and cooperate with State Agencies and sea turtle
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conservation groups during turtle nesting season,April 15 through October 31,when Save-a-Turtle
representatives and/or Certified Turtle Inspectors, are walking the beaches. It is important that the
Lessee understand these environmental regulations.
(e) Lessee must furnish the necessary equipment, furnishings and fixtures needed to
operate the concession/restaurant. All moveable equipment and furnishings shall remain the
property of the Lessee and may be removed from the premises by Lessee at the termination of this
lease agreement, with Lessor's consent. If Lessee fails to remove said moveable equipment or
furnishings within five (5) days after termination of this lease, said items shall then become the
property of the Lessor. The Lessee is responsible for the sole costs and expenses and any
maintenance of the Lessee's operation, including any utilities required for its operation and the
equipment used by Lessee and/or offered for rental. All accessories and equipment applicable to
Lessee's concession operation shall be clean and in good working condition at all times. All rental
equipment shall meet strict safety standards, and equipment which is broken, or a potential safety
risk, shall be removed immediately. The Lessee will be responsible for insuring equipment is safe
and meets all regulated safety requirements. During the term of this lease, Lessee is responsible
for all maintenance and repairs, including major repairs such as structural work and roof
replacement and replacement of the building if destroyed. All repairs and replacement must be of
the same or better quality as the original work and conform to all applicable building codes. Lessee
shall be responsible for and shall properly maintain the leased premises,and upon the termination
of this lease, shall leave the premises in at least as good condition as at the time of the
commencement of this lease, normal use and occupancy excepted. The Lessee will keep the
premises clean at all times and must meet all requirements for food handling as required by the
Monroe County Department of Health.
(f) In the event that the demised premises,or a major part thereof are destroyed by fire,
storm,or any other casualty,the Lessor at its option and without assuming Lessee's responsibilities,
may forthwith repair the damage to such structure at its own cost and expense. The rental thereon
shall cease until the completion of such repairs and the Lessor will immediately refund the pro rata
part of any rentals paid in advance by the Lessee prior to such destruction. Should the premises be
only partly destroyed, so that the major part thereof is usable by the Lessee, then the rental shall
abate to the extent that the injured or damaged part bears to the whole of such premises and such
injury or damage shall be restored by the Lessor as speedily as is practicable and upon completion
of such repairs,the full rental shall commence and the Lease shall then continue the balance of the
term. If Lessor exercises its option to repair the premises, Lessee agrees to assign its right to the
insurance proceeds to the Lessor. If insurance proceeds exceed the costs of repair,the Lessor will,
at its option, either remit the excess funds to the Lessee or apply the excess funds as a credit
towards Lessee's next due monthly rental payment. If repair costs exceed the insurance proceeds,
Lessee agrees to pay Lessor within 30 days for any and all costs of repair not covered by insurance
proceeds.
(g) Lessee agrees to keep the leased premises in a safe,clean and well-maintained order
at no expense to the Lessor.This provision is to be monitored by the Director of Parks and Beaches
or his representative.
(h) Lessee agrees to operate its business in a businesslike manner.
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(i) In the event the County elects to maintain and/or improve its properties in the
vicinity of the leasehold herein, either by necessity, or by choice, such activity will not be
considered as a breach of any covenant of this lease.
0) Alcoholic beverages may be sold within the enclosed restaurant and patio area only
upon acquisition and maintenance of proper licenses and approvals from local, state and federal
agencies. No carry-out sales of alcoholic beverages is permitted. Sales and consumption of
alcoholic beverages must cease by 11:00 P.M.
(k) Entertainment may be provided only in the enclosed restaurant and patio area. Any
entertainment must be acoustic soft background music and must cease by 11:00 P.M.
(1) Rights not specifically granted to the Lessee by this Lease Agreement are reserved
to the Lessor.
11. Lessor's Termination. Except as otherwise provided herein, the Lessor may cancel
this agreement when, after giving the Lessee thirty (30) days' written notice that an act of default
has occurred, the Lessee fails or cannot cure the following:
(a) The appointment of a receiver of the Lessee's assets.
(b) The divestiture of the Lessee's interest in the lease by court order or other operation
of law.
(c) The Lessee's abandonment of the operation. Failure to open the operation and keep
it open during the business hours described in this agreement for six (6) consecutive days shall
constitute abandonment.
(d) The failure of the Lessee to timely perform any of the obligations required of it
under this agreement.
No waiver of default by the Lessor of any of the obligations required of the Lessee under
this agreement may be construed as a waiver of any subsequent default of any of the obligations
that are required to be performed, kept, or observed by the Lessee. The Lessor's waiver of an act
of default by the Lessee is not a waiver of the right of the Lessor to later cancel this agreement
because of the Lessee's failure to subsequently perform an obligation or obligations under this
Lease Agreement.
12. Lessee's Termination. If the Lessee is not in default of its obligation to pay the rent
and the charges, the Lessee may cancel this agreement when, after giving the Lessor sixty (60)
days written notice of an act of default, the Lessor fails or cannot cure, or fails to timely perform,
the obligations required of it under this Lease Agreement.
13. Insurance.
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(a) Lessee shall obtain and maintain at its own expense the insurance coverages listed in
Exhibit C.
(b) The Lessee must keep in full force and effect the insurance described during the
term of this agreement. If the insurance policies originally purchased that meet the requirements
are canceled, terminated, or reduced in coverage, then the Lessee must immediately substitute
complying policies so that no gap in coverage occurs. Copies of current policy certificates shall
be filed with the Monroe County Risk Department or the Parks and Beaches Contract Manager,as
appropriate, whenever acquired, amended, and annually during the term of this Lease.
(c) The insurance required of the Lessee in this paragraph is for the protection of the
County, its property and employees, and the general public. The insurance requirement is not,
however, for the protection of any specific member of the general public who might be injured
because of an act or omission of the Lessee. The insurance requirements of this paragraph do not
make any specific injured member of the general public a third party beneficiary under this
agreement. Therefore, any failure by the County to enforce this paragraph, or evict the Lessee if
the Lessee becomes uninsured or underinsured, is not a breach of any duty or obligation owed to
any specific member of the general public and cannot form the basis of any County liability to a
specific member of the general public or his/her dependents, or estate, or heirs.
(d) Notwithstanding anything set forth in paragraph 10 of this agreement, the Lessor
may treat the Lessee in default if the Lessee, after entering the premises but before beginning its
operation, does not have the insurance required by subparagraph 12(a). Before the County may
terminate the agreement in this situation, the County must give the Lessee a written notice of the
default stating that, if the required insurance is not obtained within ten (10) days of the Lessee's
receipt of notice,then the County will cancel this agreement. The County may treat the Lessee in
default and cancel this agreement if the Lessee, after starting the operation, fails to keep in full
force and effect the insurance required by subparagraph 12(a). Before treating the Lessee in default
and terminating the agreement in this situation,the County need only provide the Lessee 24-hour
notice by E-Mail or overnight courier. The County may, but need not, provide Lessee with an
opportunity to cure the default.
14. Non-Exclusive Rights. Notwithstanding anything herein contained that may be, or
appear to be, to the contrary, it is expressly understood and agreed that the rights granted under
this agreement are nonexclusive and the Lessor herein reserves the right to grant similar privileges
to another Lessee or other Lessees on other parts of Higgs Beach.
15. Rights Upon Termination. At the end of this agreement (or any renewal), the
Lessee's right to the Premises, the use of Higgs Beach facilities, and any other right or privilege
granted under this agreement ceases. All equipment, improvements, furnishings, and other
property of the Lessee at the Premises are personal to the Lessee and remain the property of the
Lessee and must be removed by him/her. The Lessee must also restore the Premise to its original
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condition, ordinary wear and tear and damage by causes beyond the control of the Lessee,
excepted.
16. County's Right of Entry. Lessor reserves the right hereunder to enter upon the
Premises at any reasonable time, during normal operating hours for any purpose connected with
the performance of the Lessor's obligations under this agreement or in the exercise of its
governmental functions.The Lessee hereby agrees to keep the premises at all times in a clean and
sanitary condition, and not to maintain or keep upon said premises any properties or equipment
not used in connection with the operation of said business, unless authorized by the Lessor to do
SO.
17. Leasehold Improvements.The Lessee agrees not to make any major alterations to the
building located on said premises, without first obtaining written consent of the Lessor to do so,
which will not be unreasonably withheld. Such alterations shall be based on plans approved by the
Director of Parks and Beaches and shall be subject to all City, County, State and Federal code
provisions governing construction. Lessee shall be responsible for obtaining any permits required
by any government agency. All site improvements shall be pre-approved by Monroe County in
accordance with its policies, procedures, ordinances and/or regulations.
18. Use Restrictions. The leased/concessioned area is to be operated by the
lessee/concessioner for public outdoor recreation purposes in compliance with provisions of
the Land&Water Conservation Fund Act(LWCF)and implementing regulations(36 C.F.R.
Part 59) as may be amended from time to time. As such, the Demised Premises must be
publicly identified as publicly owned and operated as a public outdoor recreation facility in
all signs, literature and advertising, while acknowledging that the Demised Premises is
operated by a lessee/concessioner,to eliminate the perception the area is private.
In accordance with LWCF regulations, compliance with all Civil Rights and
accessibility legislation (e.g., Title VI of Civil Rights Act, Section 504 of Rehabilitation Act,
Americans with Disabilities Act) is required, and compliance will be indicated by signs
posted in visible public areas, statements in public information brochures, etc. All fees
charged by the lessee/concessioner to the public must be competitive with similar private
facilities.
Property acquired or developed with LWCF assistance shall be retained and used for
public outdoor recreation. Currently, the LWCF program is administered by the National
Park Service(NPS). The County is in the process of requesting approval or acquiescence to
the operation of the Restaurant from the NPS as it operates today. The NPS has the authority
to disapprove requests and/or to reject proposed property substitutions if not in accordance
with the provisions of the LWCF Act. Should the request be disapproved or denied, Lessee
acknowledges that the Restaurant must cease operations.
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MONROE COUNTY, rrS AGENTS, AFFILIATES, SUCCESSORS-IN-
INTEREST, IN NO WAY, SIJAPE, OR FORM GUARANTEE LESSEE'S ABILITY '1 0
OPERATE QN-THE PREMISES.
-e S c a 4,;
,essee s "�cially acknow I edges receipt of this section.
I,, itials,
19. Rights Reserved. Rights not specifically granted to Lessee by this Lease Agreement
are reserved to the Lessor.
20. Rights of County. 'I'lic Lessor shall have the absolute right, without limitation, to
repair, reconstruct, alter or add to any structure or facility at Fliggs Beach, or to construct new
facilities at Higgs Beach. The Lessor shall, in the exercise of such right, be firee from any and all
liability to the Lessee flor business darnages occasioned during the making of" such repairs,
alterations and additions, except those occasioned by the solo act of`negligence of the Lessor, its
employees or agents.
21. Assignment. The Lessee may not assign this agreement, or any part of it, or sublease
the Premises, or any portion of the Premises, without the written approval of the Lessor, The
change of the Lessee's status from an individual to a partnership or corporation is all assignment
under this paragraph requiring the Lessor"s approval. If the Lessee is approved to do bUSllleSS ill
the corporate form, any assignment of a controlling interest in the corporate stock is also an
assignillent Under this paragraph that requires the Lessor's approval, All the obligations ofthis
agreement will extend to the legal representatives, successors, and assigns of the Lessee and
Lessor.
22. Indemnification/Hold Hat-mless/Defense. The I..,essee covenants and agrees to
defend, indernnit'v and hold harmless Monroe County Board of Minty Commissioners, and its
elected and appointed officers, officials, agents, servants, and employees from any and all claims.
demands, or causes of action for bodily ill.jUry (including death), personal injury, and property
damage (including property owned by Monroe C01,111ty) and any other losses, damages., costs,
penalties, and expenses (including attorneys fees) which arise out of in connection with, or by
reason ofthe I..,essee utilizing the property governed by this lease/rental agreement. The extent, of
liability is in no way limited to, reduced. or lessened by, the insurance requirements contained
elsewhere within this agreement.
23. Nondiset-imination. Lessee agrees that there will be no discrim illation against
any person, all(] it is expressly understood that upon a determination by a court of competent
jurisdiction that discrimination has occurred, this Agreement aUtOnlatically terminates without ally
further action can the part of any party, eft-'ective the date oaf`the Court order. Lessor and Lessee
agree to comply with all Federal and l7lorida statutes, and. all local ordinances, as applicable,
relating to nondiscrimination. These include but are not limited to- I) Title VII of the Civil Rights
Page I I of 21
623
Act of 1964(PL 88-352)which prohibits discrimination in employment on the basis of race,color,
religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended
(20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3)
Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975,as amended (42
USC ss. 6101-6107)which prohibits discrimination on the basis of age; 5)The Drug Abuse Office
and Treatment Act of 1972(PL 92-255),as amended,relating to nondiscrimination on the basis of
drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970(PL 91-616), as amended,relating to nondiscrimination on the basis of
alcohol abuse or alcoholism; 7)The Public Health Service Act of 1912, ss. 523 and 527 (42 USC
ss. 690dd-3 and 290ee-3),as amended, relating to confidentiality of alcohol and drug abuse patient
records; 8)Title VIII of the Civil Rights Act of 1968(42 USC s.3601 et seq.),as amended,relating
to nondiscrimination in the sale,rental or financing of housing; 9)The Americans with Disabilities
Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code, Chapter 14, Article II,
which prohibits discrimination on the basis of race,color, sex, religion,disability,national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or
the subject matter of,this Lease.
24. Mechanic's Liens. The Lessee shall not permit any mechanic's lien or liens to be
placed on the Premises or on improvements thereon. If a mechanic's lien is filed, it shall be the
sole responsibility of the Lessee or its officer, employee, agent, contractor,or other representative
causing the lien to be filed to discharge the lien and to hold harmless and defend Monroe County
against enforcement of such lien. Pursuant to Section 713.23, Fla. Stat., the liens authorized in
Chap. 713, Fla. Stat. do not apply to the Lessor. Nothing in this section is to be read as a waiver
or authorization by the County of its constitutional and statutory immunity and right to have its
property free of such liens.
25. Records—Access and Audits. The Lessee shall maintain all books, records,and
documents directly pertinent to performance under this Agreement in accordance with generally
accepted accounting principles consistently applied and maintain such records for a period of four
(4) years after termination of this Lease. The Lessor, its officers, employees, agents, and
contractors shall have access to the Lessee's books, records, and documents related to this Lease
upon request. The access to the inspection of such books, records, and documents by the Lessor
shall occur at any reasonable time.
26. Right to Audit. Availability of Records. The records of the parties to this
Agreement relating to the Project, which shall include but not be limited to accounting records
(hard copy, as well as computer readable data if it can be made available; subcontract files
(including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions,
bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files
(including documentation covering negotiated settlements); back charge logs and supporting
documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates
and dividends; any other supporting evidence deemed necessary by Owner or the Monroe County
Page 12 of 21
624
Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to
substantiate charges related to this agreement, and all other agreements, sources of information
and matters that may in Owner's or the County Clerk's reasonable judgment have any bearing on
or pertain to any matters, rights,duties,or obligations under or covered by any contract document
(all foregoing hereinafter referred to as"Records") shall be open to inspection and subject to audit
and/or reproduction by Owner's representative and/or agents of Owner or the County Clerk.
Owner or County Clerk may also conduct verifications such as, but not limited to, counting
employees at the job site, witnessing the distribution of payroll, verifying payroll computations,
overhead computations, observing vendor and supplier payments, miscellaneous allocations,
special charges, verifying information and amounts through interviews and written confirmations
with employees, subcontractors, suppliers, and contractors' representatives. All records shall be
kept for ten (10) years after Final Completion. The County Clerk possesses the independent
authority to conduct an audit of records, assets, and activities relating to this Project. If an auditor
employed by the County or Clerk determines that monies paid to Contractor pursuant to this
Agreement were spent for purposes not authorized by this Agreement,or were wrongfully retained
by the Contractor,the Contractor shall repay the monies together with interest calculated pursuant
to Sec. 55.03 of the Florida Statutes, running from the date the monies were paid to Contractor.
The right to audit provisions survive the termination or expiration of this Agreement.
27. Maintenance of Records. The Contractor shall maintain all books, records, and
documents directly pertinent to performance under this Agreement in accordance with generally
accepted accounting principles consistently applied. Records shall be retained as applicable for 1)
a period of five (5) years after all funds have been expended or returned to the Department of the
Treasury, whichever is later; or 2) for a period of seven (7) years from the termination of this
Agreement or for a period of five (5) years from the submission of the final expenditure report as
per 2 CFR §200.33, whichever is greater. Each party to this Agreement or its 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 seven (7) years
following the termination of this Agreement.
28. Relationship of Parties. The Lessee is, and shall be, an independent contractor
and not an agent or servant of the Lessor. The Lessee shall exercise control, direction, and
supervision over the means and manner that its employees,agents,or volunteers perform the work
for which purpose this Lease is entered. The Lessee shall have no authority whatsoever to act on
behalf and/or as agent for the Lessor in any promise,lease,or representation other than specifically
provided for in this Lease. The Lessor shall at no time be legally responsible for any negligence
on the part of the Lessee, its employees,agents,or volunteers resulting in either bodily or personal
injury or property damage to any individual,property, or corporation.
29. Subordination. This Lease is subordinate to the laws and regulations of the United
States,the State of Florida,and Monroe County,whether in effect on commencement of this Lease
or adopted after that date.
Page 13 of 21
625
30. Premises to be Used for Lawful Purposes. It is expressly covenanted between
the parties hereto that the Lessee will not use, suffer nor permit any person to use in any manner
whatsoever the leasehold property, nor any portion thereof, for purposes calculated to injure the
reputation of the leasehold property or of the neighboring property, nor for any purpose or use in
violation of the laws of the United States,or of the State of Florida,or of the Ordinances of Monroe
County, Florida, or the City of Key West, Florida. Lessee will keep and save the Lessor forever
harmless from any penalty or damage or charges imposed for any violation of any of said laws,
whether occasioned by neglect of Lessee and Lessee will indemnify and save and keep harmless
the Lessor against and from any loss, cost, damage, and expense arising out of any accident or
other occurrence, causing injury to any person or property whomsoever or whatsoever, and due
directly or indirectly to the use of the leasehold Premises or any part thereof by Lessee.The Lessee
hereby covenants and agrees that he, his agents, employees or otherwise shall observe and obey
all lawful rules and regulations which may from time to time during the term hereby promulgated
and enforced by the Lessor at the beach.
31. Limitation of Lessor's Liability. It is further agreed that in no case shall the
Lessor herein be liable, under any express or implied covenants in the Lease, for any damages
whatsoever to the Lessee beyond the rent reserved by the Lease accruing, for the act,or breach of
covenant, for which damages may be sought to be recovered against said Lessor, and that in the
event said Lessee shall be ousted from the possession of said property by reason of any defect in
the title of said Lessor or said Lessor's authority to make this Lease, said Lessee shall not be
required to pay rent under this Lease while it is so deprived of said property, and that said Lessor
shall not incur any liability as a result of such ouster.
32. No Waiver of Breach. It is further mutually covenanted and agreed between the
parties hereto that no waiver of a breach of any of the covenants of this Lease shall be construed
to be a waiver of any succeeding breach of the same covenant.
33. Severability. If any term, covenant, condition, or provision of this Agreement (or
the application thereof to any circumstance or person) shall be declared invalid or unenforceable
to any extent by a court of competent jurisdiction,the remaining terms,covenants,conditions,and
provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant,
condition, and provision of this Agreement shall be valid and shall be enforceable to the fullest
extent permitted by law unless the enforcement of the remaining terms,covenants, conditions and
provisions of this Agreement would prevent the accomplishment of the original intent of this
Agreement. Lessor and Lessee agree to reform the Agreement to replace any stricken provision
with a valid provision that comes as close as possible to the intent of the stricken provision.
34. 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.
Page 14 of 21
626
35. 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.
36. Claims for Federal or State Aid. Lessor and Lessee agree that each shall be,and
is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this
Lease; provided that all applications, requests, grant proposals, and funding solicitations shall be
approved by each party prior to submission.
37. 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 the issue or issues are still not resolved to the satisfaction
of the parties,then any party shall have the right to seek such relief or remedy as may be provided
by this Agreement or by Florida law.
38. Cooperation. In the event any administrative or legal proceeding is instituted
against either party relating to the formation,execution,performance,or breach of this Agreement,
Lessor and Lessee agree to participate,to the extent required by the other party,in all proceedings,
hearings, processes, meetings, and other activities related to the substance of this Agreement or
provision of the services under this Agreement. Lessor and Lessee specifically agree that no party
to this Agreement shall be required to enter into any arbitration proceedings related to this
Agreement.
39. Covenant of No Interest. Lessor and Lessee covenant that neither presently has
any interest,and shall not acquire any interest,which would conflict in any manner or degree with
its performance under this Agreement, and the only interest of each is to perform and receive
benefits as recited in this Agreement.
40. 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.
41. 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 Lease Agreement and that it has not paid or agreed
to pay any person, company, corporation, individual, or firm, other than a bona fide employee
working solely for it,any fee,commission,percentage,gift,or other consideration contingent upon
or resulting from the award or making of this Agreement. For the breach or violation of this
Page 15 of 21
627
provision, Lessee agrees that Lessor shall have the right to terminate this Agreement without
liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount
of such fee, commission, percentage, gift, or consideration.
42. Public Access. The Lessor and Lessee shall allow and permit reasonable access
to, and inspection of,all documents,papers, letters or other materials in its possession or under its
control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
Lessor or Lessee in conjunction with this Lease; and the Lessor shall have the right to unilaterally
cancel this Lease upon violation of this provisions by Lessee.
43. Non-Waiver of Immunity. Notwithstanding the provisions of Sec.768.28,Florida
Statues,the participation of the Lessor and the Lessee in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local government insurance
pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor
shall any contract entered into by the Lessor be required to contain any provision for waiver.
44. 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.
45. 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.
46. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely
upon the terms,or any of them, of this Agreement to enforce or attempt to enforce any third-party
claim or entitlement to or benefit of any service or program contemplated hereunder, and the
Lessor and Lessee agree that neither the Lessor nor Lessee or any agent, officer, or employee of
either shall have the authority to inform, counsel, or otherwise indicate that any particular
individual or group of individuals, entity or entities, have entitlements or benefits under this
Agreement separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
Page 16 of 21
628
47. Attestations. Lessee agrees to execute such documents as the Lessor may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, a Drug-Free
Workplace Statement, and a Vendor Certification Regarding Scrutinized Companies List..
48. 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.
49. 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.
50. 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.
51. 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 or
section.
52. Notices. Any notice or other communication from either party to the other pursuant
to this Agreement shall be sent by United States Mail, certified return receipt requested, or by
courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein
until changed in writing in the manner provided in this paragraph. Notice shall be sent to the
following addresses:
For Lessor: For Lessee:
Monroe County 1000 Atlantic Boulevard, LLC
Parks and Beaches Contract Monitor Richard Hatch, Managing Member
102050 Overseas Hwy. 729 Thomas Street
Key Largo, FL. 33037 Key West, Florida 33040
And And
Monroe County Attorney Wayne LaRue Smith, The Smith Law Firm
Post Office Box 1026 509 Whitehead Street
Key West, FL 33041-1026 Key West, Florida 33040
53. E-Verify System. Beginning January 1, 2021, in accordance with F.S. 448.095,
the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of
Homeland Security's E-Verify system to verify the work authorization status of all new employees
hired by the Contractor during the term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to likewise utilize
Page 17 of 21
629
the U.S. Department of Homeland Security's E-Verify system to verify the work authorization
status of all new employees hired by the subcontractor during the Contract term.Any subcontractor
shall provide an affidavit stating that the subcontractor does not employ, contract with, or
subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the
provisions of Fla. Stat. Sec. 448.095.
54. Rights Reserved. Rights not specifically granted to Lessee by this Lease are
reserved to the Lessor.
55. Governing Law, Venue, Interpretation. This Agreement shall be governed by
and construed in accordance with the laws of the State of Florida applicable to contracts made and
to be performed entirely in the State. In the event that any cause of action or administrative
proceeding is instituted for the enforcement or interpretation of this Lease Agreement,the Lessor
and Lessee agree that venue will lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida.
The Lessor and Lessee agree that, in the event of conflicting interpretations of the terms or
a term of this Agreement by or between any of them the issue shall be submitted to mediation prior
to the institution of any other administrative or legal proceeding.
56. Attorney's Fees and Costs. The Lessor and Lessee agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement,the prevailing party shall be entitled to reasonable
attorney's fees,court costs,investigative,and out-of-pocket expenses,as an award against the non-
prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket
expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this
Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and
customary procedures required by the circuit court of Monroe County.
57. 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.
58. Entire Agreement. This writing embodies the entire agreement and understanding
between the parties hereto, and there are no other agreements and understandings, oral or written,
with reference to the subject matter hereof that are not merged herein and superseded hereby. Any
amendment to this Lease shall be in writing, approved by the Board of County Commissioners,
and signed by both parties before it becomes effective.
59. 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.
Page 18 of 21
630
IN WITNESS WI I FREOF, each party has caused this Lease Agreement to be executed by
a dLdY authorized representative.
LESSOR:
(SEAL) 130ARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK. CLERK OF MONROF' COUNTY. FLORIDA
By: ...........
As Deputy Clerk By:__
Mayor/Chairn-ian
i nesses fo 1A."S "E /,"'LESSEL":
Si ,naturc cal person authorized to
Sig ire legally bind orl oration
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Page 19 of 21
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RFP for FOOD/BEVERAGE CONCESSION SERVICES
AT HIGGS BEACH
Selection Committee Ranking Meeting
Thursday,July 6, 2023,9:00am—via Zoom webinar
Monroe County Staff Present:
Breanne Erickson- Monitor
Nathalia Archer-County Attorney
Tammy Acevedo
John Allen
Chrissy Collins
Kirrin Peart
Members of the Public Present:
No Members of the public attended.
Breanne Erickson began the meeting by introducing selection committee members;John Allen, Chrissy
Collins and Kirrin Peart. Ms. Erickson stated that Monroe County is bound by the Sunshine Laws and
therefore no discussion of the proposals has occurred between the committee members prior to this
meeting. Ms. Erickson called for discussion of proposals.
There was only one Bidder.That being 1000 Atlantic Blvd., LLC.
BIDDER:1000 Atlantic Blvd., LLC.
John Allen:Submission meets every requirement. They have done a great job in the past and we expect
they will continue to do so.
Chrissy Collins: Agrees with John Allen. She did mention she did not see anything in the proposal indicating
what their plan was if the Restaurant must be converted back to a Snack bar. Nathalia Archer stated that
this language is in the lease agreement.
Kirrin Peart: Stated she agreed and had nothing to add.
Breanne Erickson asked if there were any members of the public that would like to speak: No Members of
the public attended.
Ms. Erickson then asked each selection committee member to read their scores and ranks for each
proposal. (see final ranking sheet)
Total Rankine:
Kirrin Peart:95
Chrissy Collins:96
John Allen:95
635
Notice of Intent to negotiate with the highest rank respondent agenda item will be presented at the
County's BOCC Meeting held on July 191n
Meeting adjourned at 9:20
636
637
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
REQUEST FOR PROPOSALS
FOR
FOOD AND BEVERAGE CONCESSION
SERVICES AT HIGGS BEACH
o
4 �
PST J�
E
CUMrY 1N �
BOARD OF COUNTY COMMISSIONERS
Mayor Craig Cates, District 1
Mayor Pro Tern Holly Merrill Raschein, District 5
Michele Lincoln, District 2
James K. Scholl, District 3
David Rice, District 4
COUNTY ADMINISTRATOR CLERK OF THE CIRCUIT COURT
ROMAN GASTESI KEVIN MADOK
June 2023
PREPARED BY:
Parks and Beaches Department
Page 1 of 65
638
Table of Contents
INSTRUCTION TO PROPOSERS ..............................................................................................................4
1.01 INTRODUCTION DESCRIPTION..........................................................................................4
1.02 GENERAL TERMS DEFINITIONS........................................................................................5
1.03 COPIES OF PROPOSAL DOCUMENTS................................................................................7
1.04 QUALIFICATIONS OF RESPONDENTS..............................................................................7
1.05 DISQUALIFICATION OF RESPONDENTS..........................................................................7
1.06 EXAMINATION OF CONTRACT DOCUMENTS................................................................8
1.07 INTERPRETATIONS AND CLARIFICATIONS...................................................................9
1.08 GOVERNING LAWS AND REGULATIONS........................................................................9
1.09 PREPARATION OF PROPOSALS .......................................................................................10
1.10 CONTENT OF SUBMISSION...............................................................................................10
1.11 SUBMISSION OF PROPOSALS...........................................................................................14
1.12 WITHDRAWAL OF PROPOSAL.........................................................................................15
1.13 MODIFICATION OF PROPOSALS......................................................................................16
1.14 RESPONSIBILITY OF RESPONDENT................................................................................16
1.15 RECEIPT AND OPENING OF PROPOSALS.......................................................................16
1.16 DETERMINATION OF SUCCESSFUL RESPONDENT.....................................................16
1.17 LOCAL PREFERENCE.........................................................................................................17
1.18 AWARD OF LEASE/TIE RESPONSES/PROTEST PROCEDURE ....................................17
1.19 EXECUTION OF CONTRACT.............................................................................................19
1.20 CERTIFICATE OF INSURANCE.........................................................................................19
1.21 INDEMNIFICATION.............................................................................................................20
SECTIONTWO..........................................................................................................................................21
PROPOSAL SPECIFICATIONS FOR FOOD AND BEVERAGE...........................................................21
PROPOSALDOCUMENTS ......................................................................................................................23
NON-COLLUSION AFFIDAVIT.......................................................................................................26
LOBBYING AND CONFLICT OF INTEREST CLAUSE................................................................27
DRUG-FREE WORKPLACE FORM.................................................................................................28
Insurance and Indemnification Statement ...........................................................................................29
General Insurance Requirements for Organizations/Individuals Leasing County-Owned Property...........29
ALL RISK PROPERTY INSURANCE REQUIREMENTS FOR.............................................................30
GENERAL LIABILITY INSURANCE REQUIREMENTS FOR.............................................................31
BUSINESS AUTOMOBILE LIABILITY INSURANCE REQUIREMENTS FOR.................................32
LIQUORLIABILITY.................................................................................................................................33
INSURANCE REQUIREMENTS..............................................................................................................33
Indemnification, Hold Harmless and Defense............................................................................................34
LOCAL PREFERENCE FORM..........................................................................................................36
PUBLIC ENTITY CRIME STATEMENT.........................................................................................37
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS ......................38
SECTIONTHREE......................................................................................................................................39
DRAFTLease Agreement..........................................................................................................................39
Page 2 of 65
639
NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS
NOTICE IS HEREBY GIVEN that on Wednesday,July 5,2023,at 3:00 P.M.,the Monroe County
Purchasing Office will receive and open sealed responses for the following:
Food/Beverage Concession Services at Higgs Beach
Monroe County,Florida
Pursuant to F.S. 50.0211(3)(a), all published competitive solicitation notices can be viewed at:
www ilor.-.i��;��,li ublcr,otic��;,s,,c,oin, a searchable Statewide repository for all published legal notices.
Requirements for submission and the selection criteria may be requested from DemandStar at
www.dc><nan dstar.co><n OR www.mo! roc�:o�. � t ..1`V..ov/I bids. The Public Record is available upon
request.
Monroe County Purchasing Department receives bids electronically. Please do not mail or attempt
to deliver in person any sealed bids. Mailed/physically delivered bids/proposals/responses WILL
NOT be accepted.
The Monroe County Purchasing Department hereby directs that bids be submitted via email to:
OMB BIDS �}unonm oc�:o�. my °V„a y, no later than 3:OOP.M., on July 5,2023.Please submit your
confidential financial information in a SEPARATE EMAIL from your bid and required
documents. Your subject line on both emails must read as follows:
Food/Beverage Concession Services at Higgs Beach 07-05-2023
Files that do not contain this subject line WILL BE REJECTED. Please note that the maximum file
size that will be accepted by email is 25MB. Please plan accordingly to ensure that your bid is not
rejected due to the file size. Should your bid documents exceed 25MB, in advance of the bid
opening, please email: nib::.; ,l;l„� ;,1, ; g u , , � , ,1;ou 1, ; V,a so accommodations for delivery
.....,,,
of your bid can be made prior to the bid opening. Please be advised that it is the bidder's sole
responsibility to ensure delivery of their bid and waiting until the bid opening to address or confirm
your bid submission delivery will result in your bid being rejected.
The bid opening for this solicitation will be held virtually,via the internet, at 3:00 P.M., on July
5,2023.You may call in by phone or internet using the following:
Join Zoom Meeting
l„ ;1,2.1:,,/,,,/,,,ll;�„�;,,b, ,�;,�;,,.zooull,,,a, ,s„/,,,,W,J„ , , „, , „!-
Meeting ID: 4509326156
One tap mobile:
+16465189805„4509326156#US (New York)
+16699006833„4509326156#US (San Jose)
Dial by your location:
+1 646 518 9805 (New York)
+1 669 900 6833 (San Jose)
Publication dates:
Keys Citizen: Fri., 06-02-23
End of Section
Page 3 of 65
640
INSTRUCTION TO PROPOSERS
1.01 INTRODUCTION DESCRIPTION
Monroe County is soliciting proposals for a Food and Beverage concession to operate the
concession building located at 1000 Atlantic Boulevard, Key West, FL 33040, Higgs Beach
Park, depicted on Exhibit A. The existing building, currently known as Salute! On The Beach
Restaurant, consists of 4,043.3 total usable square feet. This contract includes contingent use
of all existing facilities, food preparation and service area, storage areas, indoor and outdoor
dining, as depicted on Exhibit A (hereinafter referred to as "Demised Premises"). The
premises must remain open to the public at all times during operating hours.
The successful Respondent will have contingent rights to provide and maintain a full-service
concession, including food and beverage services as a beach concession at Higgs Beach in
accordance with all County rules, regulations and ordinances as may be amended from time
to time. Successful Respondent shall be required to operate and maintain all of its own
equipment necessary for the full and efficient operation of said concession and shall
demonstrate its ability to do so.
The leased/concessioned area is to be operated by the lessee/concessioner for public outdoor
recreation purposes in compliance with provisions of the Land & Water Conservation Fund
Act(LWCF) and implementing regulations (36 C.F.R.Part 59)as may be amended from time
to time. As such, the Demised Premises must be publicly identified as publicly owned and
operated as a public outdoor recreation facility in all signs, literature, and advertising, while
acknowledging that the Demised Premises is operated by a lessee/concessioner, to eliminate
the perception the area is private.
In accordance with LWCF regulations, compliance with all Civil Rights and accessibility
legislation (e.g., Title VI of Civil Rights Act, Section 504 of Rehabilitation Act, Americans
with Disabilities Act) is required, and compliance will be indicated by signs posted in visible
public areas, statements in public information brochures, etc. All fees charged by the
lessee/concessioner to the public must be competitive with similar private facilities.
Property acquired or developed with LWCF assistance shall be retained and used for
public outdoor recreation. Currently, the LWCF program is administered by the
National Park Service (NPS). Currently, the County is in the process of requesting
approval or acquiescence from the NPS to the operation of the Restaurant as it operates
today. The NPS has the authority to disapprove requests and/or to reject proposed
property substitutions if not in accordance with the provisions of the LWCF Act. Should
the request be disapproved or denied,the winning bidder/respondent acknowledges that
the Restaurant must cease operations which violate the grant agreement.
MONROE COUNTY, ITS AGENTS, AFFILIATES, SUCCESSORS-IN-INTEREST,
IN NO WAY, SHAPE, OR FORM GUARANTEE LESSEE'S ABILITY TO OPERATE
ON THE PREMISES.
Page 4 of 65
641
All bidders shall submit a lump sum monthly rental, to be paid to the County in advance, for
the exclusive right and privilege of maintaining and operating a concession.
Respondent awarded contract shall pay a guaranteed minimum annual fee of a percentage of
its annual gross taxable sales. The term of the lease will be for a period of five (5) years
renewable, at the County's discretion, for five (5) additional five (5)year terms.
A NON-MANDATORY PRE-BID CONFERENCE WILL BE HELD ON SITE
June 14, 2023,AT 10:00 A.M.
Although the meeting is not mandatory,it is highly recommended that
all bidders be in attendance.
MILESTONE DATES
The Proposer is to note the following special milestone dates.
1. Proposal Documents Available 06/02/2023
2. Pre-Proposal Conference 06/14/2023
3. Last Day to Submit RFI's 06/27/2023
4. Proposal Due Date 07/05/2023
5. BOCC Award Date (Anticipated) 07/19/2023
1.02 GENERAL TERMS DEFINITIONS
As used in this Request for Proposals (RFP), the following terms shall have the meanings set
forth below:
The terms Bidder, Concessionaire, Contractor, Lessee, Proposer, and Respondent are
synonymous.
Addenda/Addendum: Any written or graphic instruments issued by the Owner, its
agents, employees or consultants prior to the receipt of Proposals, which modify or
interpret the Proposal Documents by additions, deletions, clarifications, or
corrections.
Bidder: One who submits a response to a request for proposal (RFP). That person or
entity duly authorized, upon award of a contract, to have a Contract with the County
to provide the product and/or services set forth herein and incurring liability for the
same.
n r : The written contract resulting from this solicitation between the County
and the awarded Respondent, including this RFP, and the awarded Respondent's
response along with any written addenda and other written documents, which are
expressly incorporated by reference.
Concessionaire: One who submits a response to a request for proposal (RFP). That
Page 5 of 65
642
person or entity duly authorized, upon award of a contract, to have a Contract with
the County to provide the product and/or services set forth herein and incurring
liability for the same.
Contractor: One who submits a response to a request for proposal (RFP). That
person or entity duly authorized, upon award of a contract, to have a Contract with
the County to provide the product and/or services set forth herein and incurring
liability for the same.
Coup : The word County refers to the County of Monroe, Florida.
Day: The word"day" means each calendar day or accumulation of calendar days.
Department: Unless otherwise noted, "Department" shall refer to the Parks &
Beaches Department of Monroe County.
L F• LWCF shall refer to the Land and Water Conservation Fund and all of its
laws, rules and regulations including but not limited to any manuals and/or guidance,
any of which may be amended from time to time.
Lessee: One who submits a response to a request for proposal (RFP). That person or
entity duly authorized, upon award of a contract, to have a Contract with the County
to provide the product and/or services set forth herein and incurring liability for the
same.
Local Business: Means, as specifically defined in Monroe County Code Section 2-
349(b), the vendor has a valid receipt of the business tax paid as issued by Monroe
County Tax Collector at least one (1) year prior to the notice of request for bids or
proposals for the business to provide the goods, services or construction to be
purchased, and a physical business address located within Monroe County from
which the vendor operates or performs business on a day-to-day basis that is a
substantial component of the goods or services being offered to Monroe County. The
physical address must be registered with the Florida Department of State as its
principal place of business for at least one (1) year prior to the notice of request for
bids or proposals. Post Office Boxes are not verifiable and shall not be used for the
purpose of establishing a physical address.
Owner: The word Owner is synonymous with"Monroe County".
Person or Persons: An individual, firm, partnership, corporation, association,
executor, administrator, trustee or other legal entity, whether singular or plural,
masculine or feminine, as the context may require.
Proposal: The document submitted in response to a formal solicitation used to
determine a contract award.
Proposer: One who submits a response to a request for proposal (RFP). That person
Page 6 of 65
643
or entity duly authorized, upon award of a contract, to have a Contract with the
County to provide the product and/or services set forth herein and incurring liability
for the same.
Respondent: One who submits a response to a request for proposal (RFP). That
person or entity duly authorized, upon award of a contract, to have a Contract with
the County to provide the product and/or services set forth herein and incurring
liability for the same.
1.03 COPIES OF PROPOSAL DOCUMENTS
A. Only complete sets of Proposal Documents will be issued and shall be used in
preparing proposals. The County does not assume any responsibility for errors or
misinterpretations resulting from the use of incomplete sets. Neither the Owner nor
the Parks and Beaches Department, nor their agents assume any responsibility for
errors or misinterpretations resulting from the use of incomplete sets of Proposal
Documents.
B. Complete sets of Proposal Documents may be obtained in the manner and at the
location stated in the Notice of Requesting for Proposals.
1.04 QUALIFICATIONS OF RESPONDENTS (TO BE SUBMITTED WITH
PROPOSAL)
A. Each proposal must contain evidence of the Respondent's qualifications to do
business in a beach/park environment. To demonstrate qualifications, each
Respondent shall submit a written business plan describing the type of goods or
services that they will be offering and why the Respondent believes the goods or
services will be appropriate and successful at a beach/park environment. The
written business plan shall take into account the requirements of the LWCF rules
and regulations.
1.05 DISQUALIFICATION OF RESPONDENTS
A. NON-COLLUSION AFFIDAVIT: Any person submitting a bid or proposal in
response to this invitation must execute the enclosed NON-COLLUSION
AFFIDAVIT. If it is discovered that collusion exists among the respondents, the
bid or proposals of all participants in such collusion shall be rejected, and no
participants in such collusion will be considered in future bids for the same work.
B. PUBLIC ENTITY CRIME: All requests for competitive solicitation any contract
document shall contain a statement which reads as follows (Section 287.133 F.S.):
"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,proposal, or reply on a
contract to provide any goods or services to a public entity; may not submit a bid,
Page 7 of 65
644
proposal, or reply on a contract with a public entity for the construction or repair of
a public building or public work; may not submit bids, proposals, or replies 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 of the
threshold amount provided in Florida Statutes, Section 287.017, for CATEGORY
TWO for a period of thirty-six (36) months following the date of being placed on
the convicted vendor list. Category Two: $35,000.00
C. DRUG-FREE WORKPLACE FORM: Any person submitting a bid or proposal in
response to this invitation must execute the enclosed DRUG-FREE WORKPLACE
FORM and submit it with his/her bid or proposal. Failure to complete this form in
every detail and submit it with your bid or proposal may result in immediate
disqualification of your bid or proposal.
D. LOCAL PREFERENCE FORM: Any person submitting a proposal or bid in
response to this invitation must execute the enclosed LOCAL PREFERENCE
FORM and submit it with his/her proposal or bid. Failure to complete this form
will result in disqualification from receiving local vendor preference.
E. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person submitting
a bid or proposal in response to this invitation must execute the enclosed
LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit it with
his/her bid or proposal. Failure to complete this form in every detail and submit it
with the bid or proposal may result in immediate disqualification of the bid or
proposal.
F. ETHICS CLAUSE: Each contract/agreement entered into by the County shall
contain in accordance with Section 5 (b) Monroe County Ordinance No. 010-1990
the following ethics clause: "(Person or business entity)warrants that he/she/it had
not been employed, retained or otherwise had act on his/her/its behalf any former
County officer or employee subject to the prohibition of Section 2 of Ordinance
No. 010-1990 or any County officer or employee in violation of Section 3 of
Ordinance No. 020-1990. For breach or violation of this provision the County may,
in its discretion, terminate this contract without liability and may also, in its
discretion, deduct from the contract or purchase price, or otherwise recover the full
amount of any fee,commission,percentage, gift,or consideration paid to the former
County officer or employee."
1.06 EXAMINATION OF CONTRACT DOCUMENTS
A. Each Respondent shall carefully examine the contract documents, and inform
himself/herself thoroughly regarding any and all conditions and requirements that
may in any manner affect the cost or the goods or the services to be provided under
the lease. Ignorance on the part of the Respondent will in no way relieve him/her
of the obligations and responsibilities assumed under the lease.
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B. Should a Respondent find discrepancies or ambiguities in, or omissions from, the
proposal documents, or should he/she be in doubt as to their meaning, he/she shall
at once notify the County in writing by email to Suzanne Rubio at rubio-
suzanne@monroecounty-fl.gov.
1.07 INTERPRETATIONS AND CLARIFICATIONS
No oral interpretations will be made to any Respondent as to the meaning of the contract
documents. Any inquiry or request for interpretation received in writing ten (10) or more
business days prior to the date fixed for opening of responses will be given consideration.
Inquiries should be emailed to Suzi Rubio, Monroe County Parks and Beaches Sr. Budget
Manager, Rubio-Suzanne La)monroecounty-fl.gov. All such changes or interpretations
will be made in writing in the form of an addendum and, if issued, will be furnished to all
known prospective Respondents prior to the established Response opening date on the
website at www.demandstar.com or www.monroecountybids.com. Interpretations,
corrections, or changes of the Proposal Documents made in any other manner will not be
binding, and Proposers shall not rely upon such interpretations, corrections, and changes.
Oral and other interpretations or clarifications will be without legal effect.
Each Respondent shall acknowledge receipt of such addenda in their Response. In case
any Respondent fails to acknowledge receipt of such addenda or addendum, his/her
response will nevertheless be construed as though it had been received and acknowledged
and the submission of his/her response will constitute acknowledgment of the receipt of
same. All addenda are a part of the contract documents and each Respondent will be bound
by such addenda, whether or not received by him/her. It is the responsibility of each
Respondent to verify that he/she has received all addenda issued before responses are
opened.
1.08 GOVERNING LAWS AND REGULATIONS
A. The Respondent is required to be familiar with and shall be responsible for
complying with all federal, state, and local laws, ordinances, rules, and regulations
that in any manner affect the work. Knowledge of occupational license
requirements and obtaining such licenses for Monroe County, State of Florida,
and/or municipalities within Monroe County are the responsibility of the
Bidder/Respondent.
B. The Respondent's proposal shall include a sample list of all products and services
with pricing proposed to be available for sale at the concession(s).
C. Respondent shall be required to obtain Monroe County and City of Key West
Occupational Licenses before beginning operations. Respondent shall also be
responsible for obtaining any additional licenses which may be required by
Respondent's operations at Higgs Beach before beginning operations.
D. The Bidder/Respondent shall include in his/her bid prices for all sales, consumer,
use, and other taxes required to be paid in accordance with the law of the State of
Florida, County of Monroe, and the City of Key West.
Page 9 of 65
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1.09 PREPARATION OF PROPOSALS
A. Signature of the Respondent: The Respondent must sign the Proposal forms in
the space provided for the signature. If the Respondent is an individual,the words
"doing business as or "Sole Owner" must appear beneath such
signature. In the case of a partnership, the signature of at least one (1) of the
partners must follow the firm name and the words "Member of the Firm" should
be written beneath such signature. If the Respondent is a corporation, the title of
the officer signing the proposal on behalf of the corporation must be stated along
with the Corporation Seal Stamp and evidence of his/her authority to sign the
proposal must be submitted. The Respondent shall state in the proposal the name
and address of each person interested therein.
1.10 CONTENT OF SUBMISSION
The Proposal submitted in response to this RFP shall be submitted in an email on 8-1/2" x
11" letter size white paper; shall be clear and concise and provide the information requested
herein. The Proposal shall be organized and tabbed. Statements submitted without the
required information will not be considered. Proposals shall be organized as indicated
below. The Respondent should not withhold any information from the written response in
anticipation of presenting the information orally or in a demonstration. Each Respondent
must submit adequate documentation to certify the Respondent's compliance with the
County's requirements. Respondent should focus specifically on the information
requested.
The following information, at a minimum, shall be included in the Submittal:
A. COVER PAGE
A cover page that states"PROPOSAL—FOOD AND BEVERAGE CONCESSION
SERVICES AT HIGGS BEACH, MONROE COUNTY, FLORIDA".
The cover page should contain Respondent's name, address, telephone number, and
the name of the Respondent's contact person and their e-mail address.
B. TABBED SECTIONS
Tab 1. Business Plan for Proposed Concession (35 points max.)
Each Proposal must contain evidence of the Respondent's qualifications to do business
in a beach/park environment. To demonstrate qualifications, each Respondent shall
submit a written business plan describing the type of food and beverage services that
they will be offering with pricing and why the Respondent believes the food and
beverage services will be appropriate and successful at a beach/park environment.
Tab 2. Qualifications and Experience (30 points max.)
Page 10 of 65
647
Each Respondent shall submit with his/her Proposal the required evidence of his/her
qualifications and experience. Provide descriptions of current or past contracts
providing services similar to those called for in this RFP and for services provided to
government entities.
The Proposer shall provide information about the experience of the proposer's
principals, if applicable, to run the proposed concession.
In order to determine if the persons or entity submitting proposals are responsible, all
proposals for contracts to be awarded under this section must contain the following
information:
1. A list of the entity's shareholders with five (5)percent or more of the stock or, if
a general partnership, a list of the general partners; or, if a limited liability
company, a list of its members; or if a solely owned proprietorship, the name(s)
of owners. A copy of documentation demonstrating that the entity is a legally
viable entity shall be attached;
2. A list of the officers and directors of the entity;
3. The number of years the person or entity has been operating and, if different, the
number of years it has been providing the goods or services called for in the RFP
specifications;
4. The number of years the entity has operated under its present name and any prior
names;
5. Customer references(minimum of three)including name,current address,current
telephone number, date of initiation and completion of contract, and summary of
goods or services provided and area served;
6. Credit references (minimum of three) including name, current address, and
current telephone number; and
7. Relevant Experience: The Proposer/Respondent shall provide a project history
of the firm or organization demonstrating its experience similar to that requested.
8. Litigation: Answers to the following questions regarding claims and suits:
a. Has the person,principals, entity, or any entity previously owned, operated
or directed by any of its officers, major shareholders or directors, ever failed to
complete work or provide the goods for which it has contracted? If yes, provide
details;
YES NO ❑
Page 11 of 65
648
b. Are there any judgments, claims, arbitration proceeding or suits pending or
outstanding against the person, principal of the entity, or entity, or any entity
previously owned, operated or directed by any of its officers, directors, or general
partners? If yes,provide details;
YES ❑ NO ❑
C. Has the person, principal of the entity, entity, or any entity previously
owned, operated or directed by any of its officers, major shareholders or directors,
within the last five (5) years, been a party to any lawsuit, arbitration, or mediation
with regard to a contract for services,goods or construction services similar to those
requested in the specifications with private or public entities?If yes,provide details;
YES ❑ NO ❑
d. Has the person, principal of the entity, or any entity previously owned,
operated or directed by any of its officers, owners,partners, major shareholders or
directors, ever initiated litigation against Monroe County or been sued by Monroe
County in connection with a contract to provide services, goods or construction
services? If yes,provide details;
YES ❑ NO ❑
e. Whether, within the last five (5) years, the owner, an officer, general
partner, principal, controlling shareholder or major creditor of the person or entity
was an officer,director, general partner,principal, controlling shareholder,or major
creditor of any other entity that failed to perform services or furnish goods similar
to those sought in the request for competitive solicitation.
YES ❑ NO ❑
Tab 3. Compatibility of the Proposer's Operations with the Him Beach
Master Plan (10 points max.)
Description of how your food and beverage concession will enhance the overall
concept of the Higgs Beach Master Plan for the enjoyment of the environment by all
visitors,whether locals or tourists. The Higgs Beach Master Plan is attached as Exhibit
B and may also be found at the following link:
htti)://www.monroecountv-fl.Gov/235/Hies-Beach
Tab 4. Potential Revenue to the County (20 points max.)
Amount of revenue anticipated to be remitted to the County annually for the monthly
rental and percentage of gross taxable sales or guaranteed minimum monthly fee
proposed, whichever is greater, generated by Respondent's food and beverage
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649
concession, as set forth in the proposed Lease Agreement found in Section Three
hereof.
Tab 5. Local Preference (5 points max.)
Individuals or firms,which meet all the criteria in Section 2-349 of the Monroe County
Code and are a conforming and responsible proposer, shall receive local preference.
Tab 6. County Forms and Licenses (no points)
Respondent shall complete and execute the forms specified below and found at the
designated pages in this RFP, and shall include them in the appropriate tabbed section;
failure to provide executed documents may result in the Respondent being determined
to be not fully responsive to the RFP:
• Proposal Form
• Non-Collusion Affidavit
• Lobbying and Conflict of Interest Clause
• Drug Free Workplace Form
• Local Preference Form
• Public Entity Crime Statement
• Vendor Certification Regarding Scrutinized Companies Lists
• Proposer's Insurance and Indemnification Statement
• Insurance Agent's Statement
• Respondent's License
Respondent shall produce evidence of proper licensing to perform the services
described herein. Copies of all professional and occupational licenses shall be
included in this section. Proof of payment of both Key West and Monroe County
business tax receipts (previously occupational license) is required to be provided to
the County within fifteen (15) days of award of the contract.
Respondent shall provide in a Separate Email Labeled"FOOD AND BEVERAGE
CONCESSION SERVICES AT HIGGS BEACH, 07-05-2023, - Confidential
Financial Information" the following:
(1) Financial statements for the prior three (3) years for the responding entity
or for any entity that is a subsidiary to the responding entity.
Please provide in a separate email for the Contractor's confidentiality, and
clearly label the email as "CONFIDENTIAL" and labeled as shown above.
("Any financial statement that an agency requires a prospective bidder to
submit in order to prequalify for bidding or for responding to a bid for a
road or any other public works project is exempt from F.S. 119.07(1) and
s.24(a), Art. 1 of the State Constitution.") However, any financial
information the Contractor includes in the proposal packet, which is not
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marked as "Confidential", may be disclosed in any public records request
and will not be treated as "Confidential."
(2) Any financial information requested by the County department involved in
the competitive solicitation,related to the financial qualifications,technical
competence, the ability to satisfactorily perform within the contract time
constraints, or other information the department deems necessary to enable
the department and Board of County Commissioners to determine if the
Respondent is responsible.
1.11 SUBMISSION OF PROPOSALS
A. Interested firms or individuals shall submit one (1) electronic copy of the
Proposal(s), tabbed and indexed in Adobe Acrobat file (.PDF) format.
B. Proposals shall be submitted to Monroe County at the designated location not later
than the time and date for receipt of Proposals indicated in the Notice of Request
for Competitive Solicitations, or any extension thereof made by Addendum.
Monroe County's representative authorized to open the Proposals will decide when
the specified time has arrived, and no Proposals received thereafter will be
considered. Proposals received after the time and date for receipt of Proposals will
be returned unopened.
C. Each respondent shall submit with his/her proposal the required evidence of his/her
qualifications and experience, as outlined in Article 1.04.
D. Monroe County Purchasing Department receives bids electronically. Please DO
NOT mail or attempt to deliver in-person any sealed bids. Mailed/delivered
bids/proposals/responses will not be considered.
Monroe County Purchasing requests that bids be submitted via email to
0MB-B1DS(&_monroecounty-fl.gov
no later than 3:00 pm on July 5, 2023. Please submit your confidential financials
in a separate email from your bid and required documents.
Your subject line on both emails must read as follows:
FOOD AND BEVERAGE CONCESSION SERVICES AT HIGGS BEACH,
07-05-2023
Files that do not contain this subject line will be rejected.
Please note that the maximum file size that will be accepted by email is 25MB.
Please plan accordingly to ensure that your bid is not rejected due to the file
size. Should your bid documents exceed 25MB or otherwise be rejected or
undeliverable to 0MB-B1DS&monroecoun1y-fl.,,ov, in advance of the bid
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opening,please email: omb-purchasing(r&monroecount -fl. ov so accommodations
for delivery of your bid can be made prior to the bid opening. Please be advised
that it is the bidder's sole responsibility to ensure delivery of their bid and waiting
until the bid opening to address or confirm your bid submission delivery will result
in your bid being rejected.
The bid opening for this solicitation will be held virtually via the internet at 3 p.m.
on July 5, 2023. You may call in via phone or internet using the following:
Join Zoom Meeting
hqps:Hmcbocc.zoom.us/j/4509326156
Meeting ID: 450 932 6156
One tap mobile
+16465189805„45093261564 US (New York)
+16699006833„45093261564 US (San Jose)
Dial by your location
+1 646 518 9805 US (New York)
+1 669 900 6833 US (San Jose)
E. The Proposer shall assume full responsibility for timely delivery at the location
designated for receipt of Proposals.
F. Oral, telephonic, telegraphic, and faxed Proposals are invalid and will not receive
consideration.
G. All submissions must remain valid for a period of ninety (90) days from the
date of the deadline for submission stated above. The Board will automatically
reject the response of any person or affiliate who appears on the convicted
vendor list prepared by the Department of General Services, State of Florida,
under Sec.287.133(3)(d),Florida Statute(1997). Monroe County declares that
all or portions of the documents and work papers and other forms of
deliverables pursuant to this request shall be subject to reuse by the County.
1.12 WITHDRAWAL OF PROPOSAL
Any proposal may be withdrawn prior to the time and date scheduled in the Notice
of Requesting for Proposals for the opening thereof. Withdrawn Proposals may be
resubmitted up to the time designated for the receipt of Proposals provided that they
are then fully in conformance with these Instructions to Proposers. All other
proposals received must remain valid for a period of ninety (90) days after the date
designated for receipt of Proposals. The County may, at its sole discretion, release
any Proposal before the ninety (90) days period has elapsed.
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1.13 MODIFICATION OF PROPOSALS
Written proposal modifications will be accepted from Respondents if emailed to
the entity indicated in the Notice of Requesting for Proposals and received prior to
proposal due date and time and titled: "Modified Proposal for FOOD AND
BEVERAGE CONCESSION SERVICES AT HIGGS BEACH, 07-05-2023".
Delivery shall comply with requirements for the original proposal.
A Proposal may not be modified, withdrawn, or canceled by the Proposer during
the stipulated time period following the time and date designated for the receipt of
Proposals, and each proposer so agrees in submitting his/her Proposal.
Conditional, modified, or qualified proposals will be rejected. Proposers are to
comply with the instructions on the proposal forms, and not make any changes
thereto.
1.14 RESPONSIBILITY OF RESPONDENT
The Contractor/Respondent is solely responsible for all costs of preparing and
submitting the response, regardless of whether a contract award is made by the
County. This RFP does not constitute an offer for employment or contract for
services.
1.15 RECEIPT AND OPENING OF PROPOSALS
Proposals shall be received in the manner provided in Article 1.11. No
responsibility will be attached to anyone for the premature opening of a proposal
not properly addressed and identified. The bid opening for this solicitation will be
held virtually,via the internet, at 3:00 P.M., on July 5,2023. The public may attend
either by phone or internet as specified in the Notice of Request for Competitive
Solicitations.
Any Proposal not received by the Purchasing Department on or before the deadline
for receipt of proposals designated in the Notice of Request for Competitive
Solicitations will be returned unopened.
1.16 DETERMINATION OF SUCCESSFUL RESPONDENT
Following the receipt of the proposals, the Selection Committee will meet in a
publicly noticed meeting and evaluate the responses based on the criteria and point
total below. The County reserves the right to reject any and all Proposals, or
any part of a proposal. The County reserves the right to waive informalities,
technical errors, variations, and irregularities in any or all Proposals that do
not render the Proposal non-conforming, to re-advertise for Proposals, to
separately accept or reject any item or items and/or to award and/or negotiate
a contract as may be deemed best for the interests of the County. Proposals
which contain modifications, are incomplete, conditional, obscure, or which
contain additions not requested or irregularities of any kind,or which do not comply
Page 16 of 65
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in every respect with the Instruction to Respondents, and the proposal documents,
may be rejected at the option of the County. The County may contact a Respondent
to request clarification of an ambiguity in the Respondent's proposal.
Each TAB section will be given points used to score and evaluate firms and
individuals. The point structure is as follows:
CRITERIA MAXIMUM POINTS
TAB 1 35
TAB 2 30
TAB 3 10
TAB 4 20
TAB 5 05
TAB 6 00
TOTAL 100
1.17 LOCAL PREFERENCE
When reviewing responses and where legally acceptable,the County shall consider
preference to business entities or individuals residing and doing business within the
geographical limits of Monroe County, Florida, which meet all the criteria defined
in Section 2-349 of the Monroe County Code, and are a conforming and responsible
proposer. Any person submitting a proposal in response to this invitation must
execute the enclosed LOCAL PREFERENCE FORM and submit it with his/her
proposal. Failure to complete this form will result in disqualification from
receiving local vendor preference.
The application of local preference may be waived upon written recommendation
by the Owner and approval by the Monroe County Board of County Commissioners
at the time of Award of Contract. Waiver of the application of the local preference
is based upon analysis of the marketplace and in consideration of the special or the
unique quality of goods, services, or professional services sought to be purchased
by the Owner.
1.18 AWARD OF LEASE/TIE RESPONSES/PROTEST PROCEDURE
A. The County reserves the right to reject any or all proposals, or any part of any
proposal, to waive any informality in any proposal, or to re-advertise for all or part
of the services contemplated. If proposals are found to be acceptable by the County
and the Lease is to be awarded, the Owner will issue the Notice of Award to the
successful Proposer within ninety (90) days after the date of receipt of proposals.
This written notice will be given to the selected Respondent of the acceptance of
their proposal and of the award of the Lease to them, subject to the approval of the
Monroe County Board of County Commissioners.
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B. The Owner may conduct such investigations, as deemed necessary to assist in the
evaluation of any Proposal and to establish the responsibility, qualifications, and
financial ability of the Proposers, proposed subcontractors, and other persons or
organizations to operate the concession(s) in accordance with the Contract
Documents to the Owner's satisfaction within the prescribed time.
C. The Owner reserves the right to request any additional information related to the
financial qualifications, technical competence, the ability to satisfactorily perform
within the contract time constraints, or other information the Department deems
necessary to enable the Department and Board of County Commissioners to
determine if the person responding is responsible. The Owner reserves the right to
reject the Proposal of any Proposer who does not pass any such evaluation to its
satisfaction.
D. 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.
E. The lease will be awarded to the highest ranked responsive conforming Respondent
complying with the applicable conditions of the proposal documents, and deemed
to provide the services which are in the best interests of the County, and with
consideration to local businesses.
F. The County also reserves the right to reject the proposal of a Respondent who has
previously failed to perform properly.
G. The proposals will be evaluated and ranked by a Selection Committee of not less
than three (3) members. The proposals will be ranked (in no particular order) on
the following parameters:
1. Business Plan (Evaluation Points Assigned— 35 max.)
2. Qualifications and Experience of the Proposer's principals to run the proposed
concession (Evaluation Points Assigned— 30 max.)
3. Compatibility of the proposer's operations with the Higgs Beach Master Plan
(Evaluation Points Assigned— 10 max.)
4. Potential revenue to the County (Evaluation Points Assigned—20 max.)
5. Local preference (Evaluation Points Assigned- 5 max.)
6. County Forms (no points)
The most responsive (highest ranked)proposal(s), along with the recommendation of
the County Administrator or his designee, and the Director of Parks and Beaches,will
be presented to the Board of County Commissioners of Monroe County, Florida, for
final awarding or otherwise.
H. Tie Responses: In the event the same competitive solicitation amounts are received
from two (2) or more responders who are considered by the BOCC to be equally
qualified and responsive or when two or more responders are equal in rank and
score,and only one(1)of the responders has a principal place of business in Monroe
Page 18 of 65
655
County, Florida, the award shall be to the responder who has a principal place of
business located in Monroe County, Florida, except where prohibited by federally
funded contracts. Otherwise, the tie will be resolved by draw from an opaque
container.
I. Protest Procedure: Any Respondent/Proposer who claims to be adversely effected
by the decision or intended decision to award a contract shall submit in writing a
notice of protest which must be received by the County within seventy-two (72)
hours or three(3)business days,whichever is less, after the posting of the notice of
decision or intended decision on DemandStar or posting of the Notice of Decision
or Intended Decision on the Monroe County Board of County Commissioners'
agenda, whichever occurs first. Additionally, a formal written protest must be
submitted in writing and must be received by the County Attorney's Office seventy-
two (7) hours or three (3) business days prior to the Board of County
Commissioner's meeting date in which the award of contract by the Board of
County Commissioners will be heard. The only opportunity to address protest
claims is before the BOCC at the designated public meeting in which the agenda
item awarding the contract is heard. In accordance with the Rules of Debate as set
forth in the Monroe County Board of County Commissioners Administrative
Procedures,the Bidder/Respondent/Proposer that filed the protest is responsible for
providing the Clerk with his/her name and residence prior to the agenda item to
award the contract being called in order to preserve their opportunity to be heard
on this matter. An individual has three (3)minutes to address the Commission and
a person representing an organization has five (5) minutes to address the
Commission. The BOCC decision to award the contract is final and at their sole
discretion. Failure to timely protest within the times prescribed herein shall
constitute a waiver of the ability to protest the award of the contract, unless it is
determined that it is in the best interest of the County to do so.
1.19 EXECUTION OF CONTRACT
The Respondent to whom a Lease is awarded shall be provided and will be required
to return to the County one (1) executed original of the prescribed Lease together,
with the required certificates of insurance, and proof of any required licenses not
previously provided, within fifteen (15) days from the date of notice of acceptance
of the Respondent's proposal_ In no event shall failure of the Respondent/Lessee
to provide satisfactory Insurance Certificates within the stipulated time be cause for
an extension of the contract time.
1.20 CERTIFICATE OF INSURANCE
A. The Respondent/Lessee will be responsible for obtaining and maintaining all
necessary insurance coverages listed in Exhibit C.
Certificates of Insurance must be provided to Monroe County within fifteen (15)
days after award of proposal, with Monroe County BOCC listed as additionally
insured on all policies, except Workers Compensation. If the proper insurance
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forms are not received within the fifteen (15) days, the contract may be awarded to
the next selected respondent.
B. All forms of insurance required above shall be from insurers acceptable to the
County. Policies shall be written by companies licensed to do business in the State
of Florida and having an agent for service of process in the State of Florida.
Companies shall have an A.M. Best rating of VI or better. The required insurance
shall be maintained at all times while Respondent/Lessee is providing service 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 (30)
days' prior notification is given to the County by the insurer.
1.21 INDEMNIFICATION
The Respondent/Lessee to whom a contract is awarded shall defend, indemnify,
and hold harmless the County as outlined below:
The Lessee covenants and agrees to defend, indemnify and hold harmless Monroe
County Board of County Commissioners, and its elected and appointed officers,
officials, agents, servants, and employees from any and all claims, demands, or
causes of action for bodily injury (including death), personal injury, and property
damage (including property owned by Monroe County) and any other losses,
damages, costs, penalties, and expenses (including attorney's fees)which arise out
of, in connection with, or by reason of the Lessee utilizing the property governed
by this lease/rental agreement. The extent of liability is in no way limited to,
reduced, or lessened by the insurance requirements contained elsewhere within this
agreement.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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SECTION TWO
PROPOSAL SPECIFICATIONS FOR FOOD AND BEVERAGE
CONCESSION SERVICES
AT HIGGS BEACH
A. The term of the Lease will be for a period of Five (5) years, renewable, at the
County's discretion, for five (5) additional five (5) year terms.
B. The Proposal shall include a sample list of all products, services, and pricing
proposed to be available for sale at the concession.
C. Respondent shall provide all items, and/or equipment, and/or services needed for
the operation of the concession. The operation must be open for service Monday
through Sunday a minimum of six (6) days a week as a concession/restaurant
anytime between 7:00 A.M. until 11:00 p.m. and shall not exceed the established
beach hours as specified in Monroe County Ordinance 18-1, as may be amended
from time to time. Hours of operation may be modified by mutual agreement.
Respondent shall arrange for all utility service at Respondent's sole cost and
expense. In this instance, Respondent shall be liable for any and all costs of
establishing and maintaining the service, including permitting, as well as securing
the service after Respondent's hours of operation.
D. Personnel
1. Communication between the County Representative and the concession
personnel is very important. Therefore, the Respondent/Lessee must assure
that at least one (1) concession personnel can communicate well with the
County Representative. Any employee hired by the Respondent/Lessee will
be the Respondent/Lessee's employee and in no way has any association with
the County. The Respondent/Lessee shall insure that its employees are trained
in all appropriate safety regulations, and comply with all such applicable laws
and regulations,and comply with all other local, State,and Federal regulations.
2. The parties further agree that failure by Respondent/Lessee to perform any of
the duties described in this paragraph shall constitute a material breach of the
contract entitling County to terminate this contract immediately with no further
responsibility to make payment or perform any other duties described herein.
E. All pricing for all goods and services are to be posted and visible for all customers.
F. If the proposer chooses to install a security alarm system, it will be of the non-
audible type, and approved in writing by the County Administrator or his designee.
G. Respondent shall agree to pay the County, as Lessor:
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i) a monthly rent, along with all applicable taxes and;
ii) a percentage of Gross Taxable Sales
Therefore, the Respondent's proposal shall include the Respondent's proposed
monthly rental payment and the percentage of gross taxable sales that will be paid
to the County. The monthly rental payment depicted in the draft lease is the
minimum that shall be accepted by the County.
The percentage of Gross Taxable Sales/minimum monthly payments are a fee that
shall be paid in addition to the monthly rent. Such payment shall be submitted to
the Monroe County Board of County Commissioners, Monroe County, Florida, by
the 251h day of the following month. An annual rental adjustment shall be made in
accordance with the percentage change in the Consumer Price Index (CPI) for all
urban consumers (CPI-U) for the prior calendar year ending on December 31st. In
the event of a deflationary CPI-U, no adjustment in the lease amount will be made.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Page 22 of 65
659
PROPOSAL DOCUMENTS
BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
C/O PURCHASING DEPARTMENT
GATO BUILDING ROOM 2-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
The undersigned, having carefully examined the work, specifications, RFP documents, and
addenda thereto, and other Contract Documents for the services of:
FOOD AND BEVERAGE CONCESSION SERVICES AT HIGGS BEACH
MONROE COUNTY, FLORIDA
And having become familiar with all local conditions including labor affecting the cost thereof,
and having familiarized himself/herself with material availability, Federal, State, and Local laws,
ordinances, rules and regulations affecting performance of the work, does hereby propose to
furnish labor, mechanics, tools, material, equipment, transportation services, and all incidentals
necessary to perform and complete said work in a workman-like manner, in conformance with
specifications, and other contract documents including addenda issued thereto.
Company Information and Signature Page
Company EIN:
Company Name:
Company Ownership:
Years in Business:
Company Address:
Company Phone Number: Fax:
Company web address:
Number of Employees:
Company E-mail:
Management Person Responsible for Direct Contact to County and Services required for this RFP:
Name:
Title:
Phone Number:
Email Address:
Signature of Authorized Representative Date
Type or Print Officer's Name and Title:
Page 23 of 65
660
Bid Type of Concession:
Bid Price for Concession space at Higgs Beach will be paid to Monroe County at the following
rate:
Monthly rent of$ for retail concession space.
plus percentage of Gross Taxable Sales or a guaranteed minimum monthly fee of
$ whichever is greater, generated by Lessee's operations at retail or food concession
space.
I acknowledge receipt of Addenda No.(s)
No. Dated
No. Dated
No. Dated
No. Dated
Page 24 of 65
661
Proposer, states by his/her check mark in the blank beside the form and by his/her signature that he/she has
provided the following forms:
a. Proposal Form with proposed sample list of items or services
with pricing to be offered for sale
b. Non-Collusion Affidavit
C. Lobbying and Conflict of Interest Clause
d. Drug-Free Workplace Form
e. Proposer's Insurance and Indemnification Statement
f. Insurance Agents Statement(signed by agent)
g. Local Preference Form and requirements (if applicable)
h. Public Entity Crime Statement
I. Vendor Certification Regarding Scrutinized Companies List
j. Three (3) customer references and three (3) credit references
k. Three (3)years of Financial Statements in separate email
marked"CONFIDENTIAL"
In addition, Proposer states that he/she has included a current copy of all required professional and/or
License. (Check mark items above, as a reminder that they are included.)
Proposer/Company:
Mailing Address:
Phone Number:
Email Address:
Date: Signed:
(Name)
(Title)
Witness:
Print Name:
Page 25 of 65
662
NON-COLLUSION AFFIDAVIT
I of the city of
according to law on my oath, and under penalty of perjury, depose and say that:
1. I am
of the firm of
the bidder making the Proposal for the project described in the Request for
Proposals for:
and that I executed the said proposal with full authority to do so:
2. The prices in this bid have been arrived at independently without collusion, consultation,
communication or agreement for the purpose of restricting competition,as to any matter relating to
such prices with any other bidder or with any competitor; and
3. Unless otherwise required by law, the prices which have been quoted in this bid have not been
knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid
opening, directly or indirectly, to any other bidder or to any competitor; and
4. No attempt has been made or will be made by the bidder to induce any other person,partnership or
corporation to submit, or not to submit, a bid for the purpose of restricting competition; and
5. The statements contained in this affidavit are true and correct,and made with full knowledge
of said project and that Monroe County relies upon the truth of the statements contained in
this affidavit in awarding contracts for said project.
(Signature of Respondent) (Date)
STATE OF
COUNTY OF
The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of[ ] physical
presence or [ ] online notarization this day of 20 , by
Signature of Notary Public-State of Florida
Name of Notary
My commission expires:
Personally Known OR Produced Identification
Type of Identification
Produced
Page 26 of 65
663
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
(Company)
VV
warrants that he/it has not employed, retained or otherwise had act on his/its behalf any
former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any
County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or
violation of this provision the County may, in its discretion, terminate this Agreement without
liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise
recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the
former County officer or employee".
(Signature)
Date:
STATE OF
COUNTY OF
The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of [ ]
physical presence or [ ] online notarization this day of 20 ,
by
Signature of Notary Public-State of Florida
Name of Notary
My commission expires:
Personally Known OR Produced Identification
Type of Identification
Produced
Page 27 of 65
664
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute, Sec. 287.087, hereby certifies that:
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3. Gives each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notifies the employees that, as a condition of
working on the commodities or contractual services that are under bid,the employee will abide by
the terms of the statement and will notify the employer of any conviction of, or plea of guilty or
nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance
law of the United States or any state, for a violation occurring in the workplace no later than five
(5) days after such conviction.
5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, by, any employee who
is so convicted.
6. Makes a good faith effortto continue to maintain a drug-free workplace through implementation
of this section.
As the person authorized to sign the statement,I certify that this firm complies fully with the above
requirements.
Contractor/Respondent's Signature Date
STATE OF
COUNTY OF
The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of [ ]
physical presence or [ ] online notarization this day of 20 ,
by
Signature of Notary Public-State of Florida
Name of Notary
My commission expires:
Personally Known OR Produced Identification
Type of Identification
Produced
Page 28 of 65
665
Insurance and Indemnification Statement
General Insurance Requirements for Organizations/Individuals Leasing
County-Owned Property
Prior to the Organization or Individual taking possession of the property owned by the County,
or commencing its concessionaire operations,the Organization/Individual shall obtain,at his/her
own expense, insurance as specified in the attached schedules, which are made part of this
lease/rental agreement.
The Organization/Individual will not be permitted to occupy or use the property until satisfactory
evidence of the required insurance has been furnished to the County as specified below.
The Organization/Individual shall maintain the required insurance throughout the entire term
of this lease/rental agreement and any extensions specified in the attached schedules. Failure
to comply with this provision may result in the immediate termination of the lease/rental
agreement and the return of all property owned by the County.
The Organization/Individual will be held responsible for all deductibles and self-insured
retentions that may be contained in the Organizati on/Indivi dual's Insurance policies.
The Organization/Individual shall provide,to the County,as satisfactory evidence of the required
insurance, either:
• Certificate of Insurance or
• A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
All insurance policies must specify that they are not subj ect to cancellation,non-renewal,material
change, or reduction in coverage unless a minimum of thirty (30)days prior notification is given
to the County by the insurer.
The acceptance and/or approval of the Organizati on/Indivi dual's insurance shall not be construed
as relieving the Organization/Individual from any liability or obligation assumed under
this contract or imposed by law.
The Monroe County Board of County Commissioners,will be included as "Additional Insured"
on all policies. They will also be named as "Loss Payee" with respect to Fire Legal Exposure.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled"Request for "Waiver of Insurance Requirements" and
approved by Monroe County Risk Management Department.
Page 29 of 65
666
ALL RISK PROPERTY INSURANCE
REQUIREMENTS FOR
LEASES/RENTALS OF COUNTY-OWNED
PROPERTY FOR CONTRACT
BETWEEN
MONROE COUNTY,FLORIDA
AND
Prior to the Organization/Individual taking possession of the property governed by this lease/rental
agreement, the Organization/Individual shall obtain All Risk Property Insurance (to include the
perils of Flood and Wind) with limits no less than the Replacement Cost Value of the property
leased or rented. Coverage shall be maintained throughout the life of the Lease/Rental Agreement
and include, as a minimum, liability coverage for:
Fire Lightning Vandalism
Sprinkler Leakage Sinkhole Collapse Falling Objects
Windstorm Smoke Explosion
Civil Commotion Aircraft and Vehicle Damage Flood
The Monroe County Board of County Commissioners will be named as Additional Insured and
Loss Payee on all policies issued to satisfy the above requirements.
Page 30 of 65
667
GENERAL LIABILITY INSURANCE
REQUIREMENTS FOR
LEASE/RENTAL OF PROPERTY OWNED BY THE
COUNTY FOR CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the Organization/Individual taking possession of the property governed by this
lease/rental agreement, the Organization/Individual shall obtain General Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a minimum:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
• Fire Legal Liability (with limits equal to the fair market value of the leased property.)
The minimum limits acceptable is:
$1,000,000 Combined Single Limit(CSL)
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy,
its provisions should include coverage for claims filed on or after the effective date of this
contract. In addition,the period for which claims may be reported should extend for a minimum
of twelve months following the termination of the Lease/Rental Agreement.
The Monroe County Board of County Commissioners will be named as Additional Insured and
Loss Payee on all policies issued to satisfy the above requirements.
Page 31 of 65
668
BUSINESS AUTOMOBILE LIABILITY INSURANCE
REQUIREMENTS FOR
LEASES/RENTALS OF COUNTY-OWNED PROPERTY
FOR
CONTRACT
BETWEEN
MONROE COUNTY,FLORIDA
AND
Prior to the Organization/Individual taking possession of the property governed by this
lease/rental agreement, the Organization/Individual shall purchase Business Automobile
Liability Insurance. Coverage shall be maintained throughout the life of the Lease/Rental
Agreement and include, as a minimum, liability coverage for:
• Owned, Non-Owned, and Hired Vehicles
• Physical Damage Protection (if the leased property is a County-owned
vehicle)
The minimum limits acceptable is:
$300,000 Combined Single Limit(CSL)
ACV for Physical Damage
The Monroe County Board of County Commissioners will be named as Additional Insured on all
policies issued to satisfy the above requirements. In addition, if the lease/rental agreement
involves County-owned vehicles, the Monroe County Board of County will be named a"Loss
Payee" with respect to the Physical Damage protection.
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669
LIQUOR LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves the sales and/or distribution
of alcoholic beverages, the Vendor's General Liability Insurance policy will include Liquor
Liability with limits of not less than $1,000,000.
The County will honor the Liquor Liability insurance coverage being provided by the caterer
or vendor providing and serving the alcoholic beverages.
The Monroe County Board of County Commissioners will be named as Additional Insured on
all policies issued to satisfy the above requirements. The Monroe County Board of County
Commissioners must be included as Additional Insured if a separate Liquor Liability policy
is provided or provided by the caterer or vendor providing or serving the alcoholic beverages.
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670
Indemnification, Hold Harmless and Defense
MONROE COUNTY, 1100 SIMONTON STREET, KEY WEST, FL 33040 SHALL BE
NAMED CERTIFICATE HOLDER AND AS AN ADDITIONAL INSURED ON ALL
POLICIES EXCEPT WORKER'S COMPENSATION.
Notwithstanding any minimum insurance requirements prescribed elsewhere in this Lease, Lessee
shall defend,indemnify and hold the COUNTY and the COUNTY's elected and appointed officers
and employees harmless 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 (including attorney's fees)that may be asserted against, initiated with respect to,
or sustained by, any indemnified parry by reason of, or in connection with, (A) any activity of
Lessee or any of its employees, agents, contractors or other invitees during the term of this
Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other
wrongful act or omission of Lessee or any of its employees, agents, sub-Lessee's or other invitees,
or(C)Lessee's default in respect of any of the obligations that it undertakes under the terms of this
Agreement, 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.
In the event that the term of this lease is delayed or suspended as a result of the Lessee's failure to
purchase or maintain the required insurance, the Lessee shall indemnify the County from any and
all increased expenses resulting from such delay.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this LEASE.
PROPOSER'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all of the requirements herein. I fully accept the indemnification and hold harmless and duty
to defend as set out in this proposal.
PROPOSER Signature
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671
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the proposer named above. The following
deductibles apply to the corresponding policy.
POLICY DEDUCTIBLES
Liability policies are Occurrence Claims Made
Insurance Agency Signature
Page 35 of 65
672
LOCAL PREFERENCE FORM
A. Vendors claiming a local preference according to Ordinance 023-2009, as amended by Ordinance No.
004-2015 and 025-2015,must complete this form.
Name of Bidder/Responder Date:
1.Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated
at least one (1)year prior to the notice of request for proposals? (Please furnish copy.)
2.Does the vendor have a physical business address located within Monroe County from which the vendor
operates or performs business on a day-to-day basis that is a substantial component of the goods or services
being offered to Monroe County?
(The physical business address must be registered as its principal place of business with the Florida
Department of State for at least one year prior to the notice of request for proposals.)
List Address:
Telephone Number:
B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services, or
construction to local businesses meeting the criteria above as to licensing and location?
If yes,please provide:
1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor
dated at least one (1)year prior to the notice or request for proposals.
2. Subcontractor's physical business address within Monroe County from which the subcontractor operates:
(The physical business address must be registered as its principal place of business with the Florida
Department of State for at least one (1) year prior to the notice of request for bids or proposals)
Tel.Number
Address
Print Name:
Signature and Title of Authorized Signatory for
Bidder/Responder
STATE OF
COUNTY OF
The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of[ ] physical
presence or [ ] online notarization this day of 20 , by
Signature of Notary Public-State of Florida
Name of Notary
My commission expires:
Personally Known OR Produced Identification
Type of Identification
Produced
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673
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to public entity,
may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR
under a contract with any public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY
TWO for a period of thirty-six (36)months from the date of being placed on the convicted vendor
list."
I have read the above and state that neither
(Contractor/Respondent's name) nor any Affiliate has been placed on the convicted vendor list
within the last thirty-six (36)months.
(Signature)
Date:
STATE OF
COUNTY OF
The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of [ ]
physical presence or [ ] online notarization this day of 20 ,
by
Signature of Notary Public-State of Florida
Name of Notary
My commission expires:
Personally Known OR Produced Identification
Type of Identification
Produced
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674
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description(s):
Respondent Vendor Name:
Vendor FEIN:
Vendor's Authorized Representative Name and Title:
Address:
City: State: Zip:
Phone Number Email Address:
Section 287.135,Florida Statutes prohibits a company from bidding on,submitting a proposal for,or entering into or
renewing a contract for goods or services of any amount if, at the time of contracting or renewal,the company is on
the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is
engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on,
submitting a proposal for,or entering into or renewing a contract for goods or services of$1,000,000 or more,that are
on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the
Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in
business operations in Cuba or Syria.
As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the
Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or
engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies
with Activities in Sudan List,the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or
engaged in business operations in Cuba or Syria.
I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject
company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may
be terminated,at the option of the County,if the company is found to have submitted a false certification or has been
placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria.
Certified By: who is authorized to sign on
behalf of the above referenced company.
Authorized Signature:
Print Name:
Title:
Note:The List are available at the following Department of Management Services Site:
http://www.dms.lpyflorida.com/business operations/state purchasing/vendor inforrnation/convicted suspended dis
criminatory complaints vendor lists
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675
SECTION THREE
DRAFT Lease Agreement
LEASE AGREEMENT
FOR HI GGS BEACH CONCESSION
KEY WEST, MONROE, COUNTY, FLORIDA
THIS LEASE AGREEMENT is made and entered into on the day of
, 2023, by and between MONR E COUNTY, as political subdivision of the
State of Florida, hereinafter referred to as, "County"or"Lessor"', whose address is 1100 Simonton
Street,KeyAlest,Florida 33040, and................. 'a hereinafter
referred to as "Lessee" 01' "Tenant", whose address is
WHEREAS, Lessor is the owner of the Clarence S. Higgs Memorial Beach Park,
hereinafter"Higgs Beach", and
WHEREAS, County advertised via the competitive solicitation process, as Request for
Proposals ("UP") for Food and Beverage Concession Services at Higgs Beach, through which
Lessee was deemed the highest ranked responsive, confoinling proposer; and
WHEREAS,Lessor desires to grant to Lessee a,non-exclusive right to imiintain and operate
a Food mid Beverage concession(s) at Higgs Beach at Key West, Florida, and
WHEREAS, (lie 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 firtancial resources to undertake such an
operation-,
NOW, THEREFORE, IN CIONSIDERATION of the premises and of mutual covenants
and proinises hereinafter contained, the pailies do hereby agree as follows,
1. kremises. The couNrY as LESSOR does hereby lease unto LESSEE and the
LESSEE does hereby accept from the COUNTY, in its "as is" C011dition, the Prenuses ideDtified
and shown on Exhibit "A"', hereinafter the, "Premises", for use as a Concession, situated at 1000
Atlantic Boulevard,Key West,Monroe,Comity,Florida. Exhibit "A"is attached to this agreement
and made a part hereof and incorporated by reference.
2. Lease Documents. 'Hie lease documents, of which this agreement is a part, consists
of the lease documents, which are as follows-, This agreement and any aniendments executed by
the parties bereafter, together with the RFP and any addenda, the response to the RFP, and any
attached exhibits thereof, and all required instu'ance documentation. In the event of a discrepancy
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676
between the docurrients, precedence sliall be determined by the order of the documents as just
listed.
I Scope of Work and Regulations. The Lessee shall maintain and operate a
concession business for the purpose of food and beverage concession and/or any other enterprise
appropriate for the location(s), currently located on that certain portion of Higgs Beach as
evidenced on the attached Exhibit "A".
(a The Lessee shall provide a list of food and beverages to be provided with pricing.
The Coun.q,reserves the right to reject airy iteins, or services it finds inappropriate, obljectionable,
or not, in the best interests of the County. Lessee is permitted to eniploy entertainiment with the
written consent of the Director of Parks and Beaches or his,designee.
(b) The Lessee must comply with a,ll the applicable requirements of the statutes, imles,
ordinances, regulations, orders, and policies of the federal, state, comity, and city govermirents
including but not limited to LWCF regulations, in effect on the effective date of this Lease or later
adopted.
(c) Lessee shall be required to obtain and maintain Monroe County and City of
Key West Occupational Licenses before beginning operations, Lessee shall ailso be responsible for
obtaining and maintaining any additional licenses which may be required by Lessee's operations
at Higgs Beach before beginning operations, A copy of all licenses must be provided to the County
Parks, and Beaches Sr. Budget Manager within fifteen (15) days of contract award.
4. 'Term. This Lease Agreement shall cormuence on the 12th day of August, 2023, and
will teninnate on the 12th day of August, 2028,, miless tenriinated earlier under another paragraph
of this agreement.
5. 'Renewals. This Lease ruay be renewed, at the Cotuity's discretion, contingent upon
written approval of the Board of County Commissioners, for five(5)additional five(5)year terms
upon written requrest by the Lessee, provided at least sixty (60) days prior to termination of the
Lease or any renewal thereof
6. 'Rental., Maintenance Fee and Tait.
(a) RENT.- The nuninium base rental payment (hereinafter collectively known as
collectively known as "Base Rent"), shall iticIride rent, and applicable tax. The Rent for the
premises is a ininfinurn of $7,500.00 Dollars per month, beginning on August 12, 2023, and
thereafter payable in advance on or before the first business day of each and every nionth, LESSEE
SHALL PAY SALES,, USE, of EXCISE TiVXES and zany and all,other sunis of money m charges
required to be paid by Lessee pursuant to the provisions of this lease.
Page 40 of 65
677
Rental Amount
To:
Monthly Rent: $7,500.00 (Minimum)
Monthly Applicable Use tax: $ 525.00 **
TOTAL Rent: $8,025.00
"Current rate as of 01/01/2023: 7%(State and Local)subject to change and rent amount
due shall be adjusted accordingly.
(b) PERCENTAGE (%) GROSS TAXABLE SALES: In addition to the monthly
rental payment, Lessee agrees to pay Lessor %of the monthly gross taxable generated
by Lessee's operation of the food and beverage concession space as shown on Exhibit "A".
Monthly gross revenues are determined on a monthly basis. A calendar year shall run from
January 1 st through December 31 st inclusive. Payment of charges under this subparagraph
shall be made in monthly installments. A statement, including proof of monthly revenue and
a log documenting days and hours of operation, shall be provided by the Lessee to the Lessor
each month along with an accurate and complete copy of the State of Florida Department of
Revenue, Sales and Use Return DR-15 (or such forms as the State of Florida shall hereafter
substitute for said form) showing the full amount of Lessee's Gross receipts from the Demised
Premises during the previous month. The Statement must be in affidavit form. Lessee shall remit
monthly on an arrears basis the greater amount of either % of gross taxable sales or
the monthly guaranteed minimum ($ ). Payment shall be made no later than the 25th
day of the month payment is due, i.e., January payment by February 25, February by March
25, etc. The Lessee must provide the County with the sales tax records for each month or quarter
depending on Lessee's filing requirements and remit the difference. Lessee is subject to a fifty-
dollar($50.00) late submission penalty should Lessee not furnish to Landlord copies of Form DR-
15 by the twenty-fifth(25th) day of each month.
"Gross Sales" shall mean the amount of sales of all merchandise, food or services sold
or rendered at or derived from the use of the Demised Premises by Lessee or any sub-Lessee,
licensee, etc. Lessee may deduct from Gross Sales: (i) any refunds to customers, provided they
have been included in Gross Sales; and(ii)the amount of any sales, use or similar tax levied upon
retail sales and payable over to the appropriate governmental authority.
(c)An annual rental payment adjustment shall be made in accordance with the percentage
change in the Consumer Price Index for all urban consumers (CPI-U) for the prior calendar year
ending on December 31st. The increase will take effect on the anniversary month of the month
when the operation opened for business.In the event of a deflationary CPI-U,no adjustment in the
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678
lease arnotint will be made. All payinents should be made,payable to the Monroe County BOCC
and directed to the Monroe County Parks and Beaches Department, Contract Monitor, 102050
Overseas Hwy., Key Largo, FL 33037,
(d) Lessee anti open the operatio,n for business within thirty (30) days of the effective
date of this Agreement,
(e) Lessee shall maintain all books,, records, and docuinents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this AgI-eetrient or their authorized rel)resentatives shall have
reasonable and tiniely access to such records of each other party to this Agreement for public
records purposes during the terin of the Agreement and for four(4)years following the termination
of this Agreement. An aninial operating statement prepared and certified by as Certified Public
Accountant (CRA). must be provided to the Lessor on or before February 28 of the following
year and shall include with reasonable detail the amount of Ciross Sales made by Lessee from the
Demised Prenrises during the preceding Lease Year.
(f) The Lessee must pay all assessments, taxes, including sales taxes, levied by ,My
goverturiental body witli the power to impose assessments or taxes. The Lessee unist provide the
County with the sales tax records for each month or quarter depending on Lessee's filing
requirements as set forth in Paragraph 5(b) herein.
(g) The, aniounts due under sections 5(a), 5(b)., and 5(1) shall constitine the total
monthly rent. Notwithstanding any pace period herein, total rent not paid when due shall bear
interest ftorn the, date due until paid at the highest rate permitted by law.
(h) The, Lessee must provide all items and eq ripiiieiit needed for the operation
including, but not limited to: kitchen eqpipnient, shelvirig,, display cases, tables, chairs,
refrigeration units, cooking apparatus etc. Lessee's items and equipment must be removed from
the outside of the Premises at the end of each day or secured in a location within Lessee's
concession space, as agreed upon With the Lessor, in such a mariner as to not interfere, with any
daily beach cleaning operations. All property of any kind that may be on the premises during the
term of this Lease Ag%eeinelit shall be at the sole risk of the Lessee. The Lessor shall not be liable
to the Lessee or any other person for any in ury, loss or dairiage to property or person on the
premises.
(1) Notwithstanding anything set forth in paragraph 10 of this agreement, if the Lessee
fails to pay any rents or fees due under this Lease within fifteen(15) days after the Lessor notifies
the Lessee in writing that the rent or charge is overdue,their 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 reirrove 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
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679
rent or charges due from the Lessee. LTpon the Lessee's expulsion, this Lease will terminate.
However, the Lessee's obligation to pay the rent or charges due will survive the termination.
Overdue rent and charges will accrue interest beginning on the 16'11 day after the Lessee was
notified in writing by the Lessor that the renter charges were overdue. The interest fate will be
that established by the Comptroller under See. 55.0,3, Fla. Stat., for the year in which the rent or
charge first became overdue.
7. ,Force Majeure. Neither party shall be liable for any failure or delay in the,performance
of its obligations under the Lease Agreement to the extent, such faihire or delay necessarily
results from the ocew-rence of a Force MIjetire Event beyond the control or reasonable
anticipation of either party, including, but not limited to, compliance with any finanticipated
governinent law or regulation not otherwise in effect at the time of execution of this Agreement,
acts of God, unforeseeable goverriniental acts or onlissions, flood, fires, earthquakes. explosion,
tropical stonir, lituricarre or other declared emergency in the geographic area of the, Premises,
strikes, natural disasters, wars, terrorist threats,riots, or other civil unrest in the geographic area of
the Premises, transportation problems, plague, epidemic, pandenlic, outbreaks of infectious
disease or any other public health crisis, including quarantine or other public or employee
restrictions, and/or any other unforeseeable cause whatsoever beyond the reasonable control of
the parties (and such cause being referred to as a"'Force Nhijeure Event").
(a) Upon the occurrence of a Force Ma'jeure Event, tine non-perfoinnug party shall be
excused fi-oni any ftulher performance of those obligations under this Agreement that are affected
by the Force Majeure Event for as long as (a)the Force Majeure Event continues; and(b) the non-
performing party continues to rise cominercially reasonable efforts to reconurrence performance
whenever and.to whatever extent possible without delay.
(b) Upon the occurrence of a Force Majeure Event, the non-performing party shall
notify the other party of the occurrence of such event and describe in reasonable detail the effect(s,)
of such event upon the paiity's performance of its obligations and duties pursuant to this
Agreement. Such notice shall be delivered or otherwise corruirunicated to the other party within
hvc,(2)business-days following the failure,or delay caused by the Force Ma jeure Event,or as soon
as possible after such failure or delay if the Force Majeure Event precludes the non-perforining
party ftoin providing notice within such time period.
(c) In the event of a, Force MIlietire Event, the tifne for perforinalice by the parties
finder the applicable scope of work shall be extended for a period of tirrie equal to,the time lost by
reason of such cause throug,�ji execution of in anienchrient pursuant to tlie terns of the Agreenierit.
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8. 2ersonnel.
(a) The Lessee will be responsible for the supervision, hiring, and firing of their own
employees and shall be solely responsible for the pay, worker's compensation insurance, find
benefits.
(b) Conuirunication between the County Representative and the concession personnel
is very important. Therefore, the Lessee niust assure that at least one (1)concession personliel can
coir'nininicate well with the Courity Representative, Any employee hired by the Lessee will be the
Lessee's ernployee and ill no way has arty assoclation with the County. The Lessee shall insure
that its employees are trained in all appropriate safety regulations,, and comply with all such
applicable laws, and regulations and comply with all other local, State, and Federal regulations,
(c,) The parties fin'ther agree that failtire by Clontractor/Respoildent to perform any of
the duties described in this paragraph shall constitute as niaterial breach of the contract entitling
Comity to terminate this contract niumediately with no further responsibility to ivak-e payment or
perforin any other duties described herein.
9. Hours of Operation. The Lessee agrees to furnish good, prompt and efficient seiwice
ancUor inerchandise to ineet al] denrands for concession service at Higgs Beach. Lessee shall offer
quality products at competitive prices at least consistent with similar goods and services presently
being offered locally in other local facilities. All pricing for all go
ods and services are to,be posted
and visible for all customers. 'The operation must be open for service as mininiurn of six (6) days as
week as as concession/restaurant Monday-Stinday,including holidays, anytime between 7.00 A.M.
- 11:00 RM., and shall not exceed the established beach hours as specified in Monroe Coinity
Ordinance 18-26(e), as irlay be amended from time to tinie. Hours of operation rilay be nano if
by inutual agreement.
10. Use and Conditions.
(a,) The Lessee inust provide an adequate nutirber of covered nietal or commercial
outdoor plastic waste containers at its operation.Lessee shall provide separate containers for waste
and for recyclables. Lessee must deposit all trash, waste, and recyclables in those containers for
proper disposition of the waste and recyclables at the place designated by the Lessor.
(b) No sig 1,pis, advertising, or awnings may be erected by the Lessee, unless they are
approved by the Director of Parks and Beaches or his designee in writing.
(c) Smoking shall be prohibited in accordance with Monroe County Code of
Ordinances 18-4.
(d) As a protection, Monroe County takes many precautions to preserve the beaches
and natural environment. The CoUI)tyCOIDIIIitS to PrOteCtiDg Sea Trulles, other coasta,l wildlife and
Page 44 of 65
681
their habitat. The Lessee shall also coordinate and cooperate with State Agencies and sea turtle
conservation groups during turtle nesting season,April 15 through October 31,when Save-a-Turtle
representatives and/or Certified Turtle Inspectors, are walking the beaches. It is important that the
Lessee understand these environmental regulations.
(e) Lessee must furnish the necessary equipment, furnishings and fixtures needed to
operate the concession/restaurant. All moveable equipment and furnishings shall remain the
property of the Lessee and may be removed from the premises by Lessee at the termination of this
lease agreement, with Lessor's consent. If Lessee fails to remove said moveable equipment or
furnishings within five (5) days after termination of this lease, said items shall then become the
property of the Lessor. The Lessee is responsible for the sole costs and expenses and any
maintenance of the Lessee's operation, including any utilities required for its operation and the
equipment used by Lessee and/or offered for rental. All accessories and equipment applicable to
Lessee's concession operation shall be clean and in good working condition at all times. All rental
equipment shall meet strict safety standards, and equipment which is broken, or a potential safety
risk, shall be removed immediately. The Lessee will be responsible for insuring equipment is safe
and meets all regulated safety requirements. During the term of this lease, Lessee is responsible
for all maintenance and repairs, including major repairs such as structural work and roof
replacement and replacement of the building if destroyed. All repairs and replacement must be of
the same or better quality as the original work and conform to all applicable building codes. Lessee
shall be responsible for and shall properly maintain the leased premises, and upon the termination
of this lease, shall leave the premises in at least as good condition as at the time of the
commencement of this lease, normal use and occupancy excepted. The Lessee will keep the
premises clean at all times and must meet all requirements for food handling as required by the
Monroe County Department of Health.
(f) In the event that the demised premises, or a major part thereof are destroyed by fire,
storm,or any other casualty,the Lessor at its option and without assuming Lessee's responsibilities,
may forthwith repair the damage to such structure at its own cost and expense. The rental thereon
shall cease until the completion of such repairs and the Lessor will immediately refund the pro rata
part of any rentals paid in advance by the Lessee prior to such destruction. Should the premises be
only partly destroyed, so that the major part thereof is usable by the Lessee, then the rental shall
abate to the extent that the injured or damaged part bears to the whole of such premises and such
injury or damage shall be restored by the Lessor as speedily as is practicable and upon completion
of such repairs,the full rental shall commence and the Lease shall then continue the balance of the
term. If Lessor exercises its option to repair the premises, Lessee agrees to assign its right to the
insurance proceeds to the Lessor. If insurance proceeds exceed the costs of repair,the Lessor will,
at its option, either remit the excess funds to the Lessee or apply the excess funds as a credit
towards Lessee's next due monthly rental payment. If repair costs exceed the insurance proceeds,
Lessee agrees to pay Lessor within 30 days for any and all costs of repair not covered by insurance
proceeds.
(g) Lessee agrees to keep the leased premises in a safe,clean and well-maintained order
at no expense to the Lessor. This provision is to be monitored by the Director of Parks and Beaches
or his representative.
(h) Lessee agrees to operate its business in a businesslike manner.
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(i) In the, event the "ounity elects to maintain and/or improve its properties in the
vicinity of the leasehold herein, either by necessity, or by choice, such activity will not be
considered as a breach of any covenant of this lease.
(j) Alcoholic beverages may be sold within the enclosed restaurant and patio area only
upon acquisition and maintenance of proper licenses and approvals froin local, state and federal
agencies. No carry-ont sales of alcoholic beverages is pertnitted, Sales and constiniption of
alcoholic beverages must cease by 11:00 P.M.
(k) Entertainnient may be provided only in the enclosed restaurant and patio area. Airy
entertainment inust be acoustic soft background music and niust cease by 11:00 P.M.
(1) Rights not specifically granted to the Lessee by this Lease Agreement are reserved
to the Lessor,
11. Lessor"s "Termination. Except as otherwise provided herein, the Lessor may cancel
this agieenient when, after giving the Lessee thirty (30) days' written notice that an act of default
has occurred, the Lessee fails, or cannot cure the following.-
(a) The appointment of a,receiver of the Lessee's assets.
(b) The divestit-ure of the Lessee's interest in the lease by court order or other operation
of law.
(c) "nie Lessee's abandomirent of the operation. Failure to open the operation and keep
it open during the business hours described inn this agreeilient for six (6) consecutive days, shall
constitute abandonment.
(d) The failtire of the Lessee to tiniely perform any of the obligations required of it
under this agreement.
No waiver of default by the Lessor of any of the obligations required of the, Lessee under
this agreement rnay be construed as a, waiver of any subsequent defarilt of any of the obligations
that, are required to be performed, kept, or observed by the Lessee. The Lessor's waiver of air 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 perforlir an obligation or obligations wider this
Lease Agreement.
12. Lessee's Termination. If the Lessee is not in default of its obligation to pay the rent
and the charges, the Lessee inay cancel this agreement when, after giving the Lessor sixty (60)
days written notice of an act of default, the Lessor fails or cannot cure, or fails to tiniely perform,
the obligations required of it under this Lease Agreement.
B. Insurance.
(a) Lessee shall obtain and maintain at its own expense the insurance coverages listed in
Exhibit C.
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(b) The Lessee must keep in ffill force and effect the insurance described during the
term of this agreement. If the insurance policies originally purchased that meet the requirements
are canceled, tenninated, or reduced in coverage, then the Lessee must inunediately substitiite
complying policies so that no gap ill coverage occurs. Copies of current policy certificates shall
be filed with the Monroe Comity Risk Department or the Parks and Beaches Contract Manager, as
appropriate, whenever acquired, amended, and annually during the term of this Lease.
(c) 'rhe insurance required of the Lessee in this paragraph is for the protection of the
County, its properry and employees, and the general public. The insurance requirement is not,
however, for the protection of arty specific inernber of the general public who rifigjit be injured
because of an act or onrission of the Lessee. The insurance requirements of this paragraph do not
make any specific n1jured member of the general public a third-party beneficiary under this
agreernent. 'Therefore, an), failure by the County to enforce this paragraph, or evict the Lessee if
the Lessee becomes unnisured or underinsured, is not a breach of ally cluty or obligation owed to
any specific member of the general public and cannot forin 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 10 of this, agreeinent. the Lessor
may treat the Lessee in default if the Lessee, after entering the premises but before beginning its
operation, does not have the instirance required by subparagraph 12(a). Before the Cortlity array
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 tell (10) days of the Lessee's
receipt of notice, then the C oruity will cancel this agreement. The County may treat the Lessee inn
default and cancel this agreement if the Lessee, after starting the operation, fails to keep in ftill
.force and effect the insurance req aired bysubparagraph 12(a). Before,treating the Lessee in default
and terillinating the agreerlient in this situation, the County need only provide the Lessee 24-hour
notice by E-Mail or overnigl'it courier. The County may, but need not, provide Lessee with air
opporturlity to cure the default.
14, Non-Exclusive Rights. Notwithstanding anything herein contained that may be, or
appear to be, to the contrary, it is expressly understood arid agreed that the fights granted under
this agreement are lionexchisive and the Lessor herein reserves tire light to grant sinular privileges
to another Lessee or other Lessees on other pails of Higgs Beach.
15. Riizhts Upon Termination, At the end of this agreement for ally renewal), the
Lessee's right to the Premises, the use of Higgs Beach facilities, and any other right or privilege
granted under this agreement ceases, All equipment, improvements, fim-nisbings, and other
property of the Lessee at the Premises are, personal to the Lessee and remain the property of the
Lessee and inust be removed by hiiii/lier. The Lessee inust also restore the Premise to its original
condition, ordinary wear and tear and dainage by causes beyond the control of the Lessee,
excepted.
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684
16. County's Right of Entry. Lessor reserves the right hereunder to enter upon the
Premises at any reasonable time, during normal operating hours for any purpose connected with
the performance of the Lessor's obligations under this agreement or in the exercise of its
governmental functions. The Lessee hereby agrees to keep the premises at all times in a clean and
sanitary condition, and not to maintain or keep upon said premises any properties or equipment
not used in connection with the operation of said business, unless authorized by the Lessor to do
so.
17. Leasehold Improvements. The Lessee agrees not to make any major alterations to the
building located on said premises, without first obtaining written consent of the Lessor to do so,
which will not be unreasonably withheld. Such alterations shall be based on plans approved by the
Director of Parks and Beaches and shall be subject to all City, County, State and Federal code
provisions governing construction. Lessee shall be responsible for obtaining any permits required
by any government agency. All site improvements shall be pre-approved by Monroe County in
accordance with its policies,procedures, ordinances and/or regulations.
18. Use Restrictions. The leased/concessioned area is to be operated by the
lessee/concessioner for public outdoor recreation purposes in compliance with provisions of
the Land&Water Conservation Fund Act(LWCF)and implementing regulations(36 C.F.R.
Part 59) as may be amended from time to time. As such, the Demised Premises must be
publicly identified as publicly owned and operated as a public outdoor recreation facility in
all signs, literature and advertising, while acknowledging that the Demised Premises is
operated by a lessee/concessioner, to eliminate the perception the area is private. The
premises must remain open to the public at all times during operating hours.
In accordance with LWCF regulations, compliance with all Civil Rights and
accessibility legislation (e.g., Title VI of Civil Rights Act, Section 504 of Rehabilitation Act,
Americans with Disabilities Act) is required, and compliance will be indicated by signs
posted in visible public areas, statements in public information brochures, etc. All fees
charged by the lessee/concessioner to the public must be competitive with similar private
facilities.
Property acquired or developed with LWCF assistance shall be retained and used for
public outdoor recreation. Currently, the LWCF program is administered by the National
Park Service (NPS). The County is in the process of requesting approval or acquiescence
from the NPS to the operation of the Restaurant as it operates today. The NPS has the
authority to disapprove requests and/or to reject proposed property substitutions if not in
accordance with the provisions of the LWCF Act. Should the request be disapproved or
denied, Lessee acknowledges that the Restaurant must cease operations which violate the
grant agreement.
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685
INIONROE COUNTY, ITS, AGENTS, AFFILIATES, S1JCCESSORS-IN-
INTEREST, IN NO WAY, SHAPE, OR FORM GUARANTEE LESSEE'S ABILITY TO
OPERATE ON THE PREMISES.
Lessee specifically acknowledges receipt of this section.
Initials
19. Rights Reserved, Rights not specifically granted to Lessee by this Lease Agreeirient
are reserved to the Lessor.
20. Rights of County. The Lessor shall have the absolute right, without limitation, to
repair, reconstruct, alter or add to any structure of faciliq, at Higgs Beach, or to constnict new
facilities at Higgs Beach. The Lessor shall, ill file exercise of'such right, be free ftoni. any and all
liability to the Lessee for business, damages, oceasioned during the making of such repairs,
alterations and additions, except those occasioned by the sole act of negligence of the Lessor, its
employees or agents.
21. Assignment. Tli.e Lessee may not assigm 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 all assignilient
under this parag,rapll requiring the Lessors approval. If the Lessee is approved to do business in.
the corporate form, any assignment of an controlling interest in the corporate stock is also all
assigrinient under this paragraph that, requires the Lessor's approvat All the obligations of this
agreement will extend to the legal rep presenta fives, successors,, and assigns of the Lessee and
Lessor.
22. Indemnification/Hold Harmless/Defense. The Lessee covenants and agrees to
defend, Indemnify and hold harniless Monroe County Board of County Coirrinissioners, and its
elected and appointed officers,officials, agents, servants, and employees from any and all claims,
deniands, or causes of action for bodily iqjury (including death), Personal injury, and property
dainage (including property owned by Monroe County) and any other losses, darriages, costs,,
penalties, and expenses (including attorney's fees) which arise out of, in coilifection with, or by
reason of the Lessee utilizing the property governed by this lease/rental agreement. The extent of
liability is in no way litnited to, reduced, or lessened by the insurance requireu-.kents, contailled
elsewhere within this, agreement.
23. Nondiscrimination. Lessee agrees that there will be no discrimination against
any person, and it is expressly understood that upon a deterinination by a court of competent
jtirisdiction that discrimination has occtirred,this Agreement au toinatically terminates without airy
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,
Page 49 of 65
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relating to nondiscrimination. These include but fire not hinited to: 1)Title VII of the Civil Rights
Act of 1964(PL 88-352)which prohibits discrimination in employment on the basis of race,color,
religion, sex, and national orig I
.jil- 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 Discrunination Act of 1975, as amended(42
USC ss. 6101- 6107)which prohibits discrim ilia tion on the basis of age; 5)The Dmg Abuse Office
and'Ireatillent Act of 19,72 (PL 92-255), as amended, relating to nondiscrimination oil the,basis of
ch-ug abuse-, 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatruent and
Rehabilitation Act of 1970(PL 91-616). as alliended,relating to nondiscrimination oil the basis of
alcohol abuse or alcoholislrl; 7) The public'l lealth Service Act of 1912, ss. 523 and 527 (42 USC
ss, 690dd-3 and 290ee-3),as amended, relating to confidentiality of alcohol and drug abuse patient
records; 8)Title VIII of the Civil Rights,Act of 1968(42 IJSC s.3,601 et s,eq.), as amended, relating
to nondiscrimination in the sale,rental or financing of housing, 9)The Americans with Disabilities
Act of 1990 (42 USC s. 12101 No�te), as may be amended from time to time, relating to
nondiscritirination on the basis of disability, ; 10) Monroe County Code, Chapter 14, Article 11,
which prohibits discrimination oil the basis of race,color, sex, religion, disability,national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the partie s to, or-
the subject matter of, this Lease.
24. Mechanic's Liens. The Lessee shall not pernut any mechanic's lien or liens to be
Enlaced on the Premises or on improvements thereon. If a inechanic's lien is filed, it shall be the
sole responsibility of the Lessee or its officer,employee,agent, contractor, or other representative
causing the lien to be filed to diseliarge the lien and to hold harmless and defend Monroe County
against enforcement of such lien. Pursuant to Section 713.23, Fla. Stat., the liens, authorized in
Chap. 713, Fla. Stat. do not apply to the Lessor. Nothing ill this section is to be read as a waiver
or authorization by the County of its constitutional and statutory illununity and right to have its
property free of such liens.
25. Records — Access and Audits, The Lessee shall maintain all books, records, and
documents directly pertinent to pelforniance wider this Agreenient in accordance with generally
accepted accounting principles consistently applied and maintain such records for a period of four
(4) years after terniniation of this Lease, The Lessor, its officers, employees, agents, and
contractors shall have access to, the Lessee's books, records, and documents related to this Lease
upon request. The access to the inspection of such books, records, and doctunerits by the Lessor
shall occur at any reasonable time,
26. Rt tAit. Availability of Records. The records of the parties to this Agreement
relating to the Project,which shall include but not be linuted to accounting records (hard copy, as
well as, computer readable data if it can be made available; subcontract files (including proposals
of'successfi,il and rinsuccessfiil bidders, bid recaps,bidding ilistructions, bidders list, etc.); original
Page 50 of 65
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estimates; estimating work sheets; correspondence; change order files (including documentation
covering negotiated settlements); back charge logs and supporting documentation; general ledger
entries detailing cash and trade discounts earned, insurance rebates and dividends; any other
supporting evidence deemed necessary by Owner or the Monroe County Office of the Clerk of
Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related
to this agreement, and all other agreements, sources of information and matters that may in
Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters,
rights, duties, or obligations under or covered by any contract document(all foregoing hereinafter
referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by
Owner's representative and/or agents of Owner or the County Clerk. Owner or County Clerk may
also conduct verifications such as,but not limited to, counting employees at the j ob site,witnessing
the distribution of payroll, verifying payroll computations, overhead computations, observing
vendor and supplier payments, miscellaneous allocations, special charges, verifying information
and amounts through interviews and written confirmations with employees, subcontractors,
suppliers, and contractors' representatives. All records shall be kept for ten (10)years after Final
Completion. The County Clerk possesses the independent authority to conduct an audit of records,
assets, and activities relating to this Project. If an auditor employed by the County or Clerk
determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not
authorized by this Agreement, or were wrongfully retained by the Contractor,the Contractor shall
repay the monies together with interest calculated pursuant to Sec. 55.03 of the Florida Statutes,
running from the date the monies were paid to Contractor. The right to audit provisions survive
the termination or expiration of this Agreement.
27. Maintenance of Records. The Contractor shall maintain all books, records, and
documents directly pertinent to performance under this Agreement in accordance with generally
accepted accounting principles consistently applied. Records shall be retained as applicable for 1)
a period of five (5) years after all funds have been expended or returned to the Department of the
Treasury, whichever is later; or 2) for a period of seven (7) years from the termination of this
Agreement or for a period of five (5)years from the submission of the final expenditure report as
per 2 CFR §200.33, whichever is greater. Each party to this Agreement or its authorized
representatives shall have reasonable and timely access to such records of each other parry to this
Agreement for public records purposes during the term of the Agreement and for seven (7)years
following the termination of this Agreement.
28. Relationship of Parties. The Lessee is, and shall be, an independent contractor and
not an agent or servant of the Lessor. The Lessee shall exercise control, direction, and supervision
over the means and manner that its employees, agents, or volunteers perform the work for which
purpose this Lease is entered. The Lessee shall have no authority whatsoever to act on behalf
and/or as agent for the Lessor in any promise, lease, or representation other than specifically
provided for in this Lease. The Lessor shall at no time be legally responsible for any negligence
on the part of the Lessee, its employees, agents, or volunteers resulting in either bodily or personal
injury or property damage to any individual,property, or corporation.
Page 51 of 65
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29. Subordination. This Lease is subordinate to the laws and regulations of the United
States, the State of Florida,and Monroe Clowity,whether in effect on conimencenient of this Lease
or adopted after that date.
3,0. Premises to be Used for Lawful Purposes. It is expressly coverianted between the
parties hereto that the Lessee will not use, stiffer nor permit any person to use in any inaliner
whatsoever the leasehold property, not- any portion thereof, for purposes calculated to injure the
reputation of the leasehold property or of the neighboring property, nor for any purpose or rise in
violation of the laws of the United States,or of the State of Florida,or of the Ordinances of Monroe
County, Florida, or the City of Key West, Florida, Lessee will keep and save the Lessor forever
hanliless from any penalty or daniage or charges imposed for any violation of any of said laws,,
whether occasioned by neglect of Lessee and Lessee will indentnify and save and keep harniless
the Lessor against and from any loss, cost, damage, and expense arising out of any accident or
other occurrence, causing lujury to any person or property whomsoever or whatsoever, arid due
directly or indirectly to the use of the leasehold Premises or any pail thereof by Lessee. The Lessee
hereby covenants and agrees that it, its agents, employees or otherwise shall observe and obey all
lawfiil rules and regulations which may from tirne to time during the ter in hereof be promulgated
and enforced by the Lessor at the beach.
1. Limitation of Lessor's Liabilill. It is ffirther agreed that in no case shall the Lessor
herein be liable,under any express or implied covenants in the,Lease, for any damages whalsoeveNr
to the Lessee beyond the rent reserved by the Lease accruing, for the act, or breach of covenant,
for which damages may be sought to be recovered against said Lessor, and that in the event said
Lessee shall be ousted from the possession of said property by reason of any defect In the title of
said Lessor or said Lessor's authority to make this Lease, said Lessee shall not be required to pay
rent under this Lease while it is so deprived of said property, and that said Lessor shall not incur
any liability as a result of stich ouster.
32. No Waiver of Breach. It is ffirther inutually covenanted and agreed between the
parties hereto that no waiver of a breach of any of the covenants of this Lease shall be construed
to be a waiver of any succeeding breach of the sanie covenant.
33. Severability. If any term, covenant, condition, or provision of this Agreenrent (or the
application thereof to any circumstance or person) shall be declared invalid or unenforceable to,
any extent by a court of conipetent jurisdiction, the remaining terrIts, coveDants, couditiODS, and
provisions of this Agreement, shall not be affected thereby, and each remaining term, covenant,
condition, and provision of this Agreenient shall be valid and shall be enforceable to the fullest
extent permitted by law unless the enforcement of the rentainitig ternis, covenants, conditions and
provisions of this Agreement would prevent the accomplishir.ient of the original intent of this
Agreement. Lessor and Lessee agree to reform the Agreement to replace any stricken provision
with a valid provisiou that cornes as close as possible to the intent of the stricken provision.
Page 52 of 65
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34. Bindima Effect. The ternis, covenants, conditions, and provisions of this AgTeement
shall bind and inure to the benefit of Lessor and Lessee and their respective legal representatives,
successors, and assigus.
3,5. Authority. Each party represents and warrants to the other that the execution,delivery,
and performance of this Agreement have been drily authorized by all necessary County and
corporate action, as required by law,
3,6. Claims for Federal or State Aid. Lessor and Lessee agree that each shall be, and is,
empowered to apply for, seek, and obtain federal and state finids to further the purpose of this
Lease-, provided that all applications, requests, grant proposals, and ftinding solicitations shall be
approved by each party prior to subinission.
37. Adjudication of Disputes or Disapreements,. Lessor and Lessee agree that all
disputes and disagreements shall be atterupted to be resolved by meet and confer sessions,between
representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction
of the parties, then any party shall have the right to seek such relief or remedy as may be provided
by this Agreement or by Florida law.
38. Coo geration. In the event any administrative or legal proceeding is instituted
against either party relating to the f6mration, execution,perforniance,or breach of this Agreement,
Lessor and Lessee agree to participate, to the extent required by the other party, in all proceedings,
hearings, processes,, nreetings, 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 arry arbitration proceedings related to this
Agieeinent.
39. Covenant of No Interest. Lessor and Lessee covenant that neither presently has any
interest, and shall not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement,and the only interest of each is to perforin and receive benefits
as recited in this Agreeni,ent.
40. Code of Ethics,. Coturty 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,, Flori(la Statutes, regarding, but not limited to solicitation or
acceptance of gifts, doing business with one's ageiicy unatithorized compensation, inisuse of
public position, conflicting employinent or contractual relationship-, and disclosure or rise of
certain infonnatiOD.
41. No Solicit ationtPa ment. Lessor and Lessee warrant that, in respect to itself,, it has
neither employed nor retained any company or person, other than a bona fide employee working
solely for it, to solicit or secure this Lease' greement a,rnd that it has not paid or agr
eed to pay any
person,company, corporation, individual, or firm, other than a bona fide employee working solely
for it, any fee, conunission, percentage, gift, or other consideration contingent upon or resulting
Page 53 of 65
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troin the award or inaking 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 froni monies owed, or otherwise recover, the ftill airiount of such fee,
coinalission,percentage, gift, or consideration.
42. Public Access. 'rhe Lessor and Lessee shall allow and permit reasonable access to,
and inspection of, all documents, papers, letters or other materials in its possession or under its
control stibject to the provisions of Chapter 1 ]9, Florida Statutes, and niade or received by the
Lessor or Lessee in conjunction with this Lease; and the Lessor shall have the right to unilaterally
cancel this Lease upon violation of this provision by Lessee,
43. Non-Waiver of Immunit 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
conunercial liability insurance coverage, self-insurance coverage, or local govermuent insurance
pool coverage shall not be deerried a waiver of inurrunity to the extent of liability coverage, nor
shall any contract entered into by the Lessor be required to contain any provision for waiver.
44. Privileges, and Immunities, All of the privileges and inunuinties from liability,
exeiriptions 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 urider
this Ag 'thin the territorial limits of the Lessor,shall apply to the same degree and extent
.jeernent wi I
to the performance of sitch functions and dirties of such officers, agents, voliniteers, of employees
outside the territorial limits of the Lessor.
45. Le alObligations and Responsibilities, Non-Delegation of Constitntional or
Statutory Dirties. This Agreerrient is not intended to, nor shall it be constilied as, relieving any
participating entity ftoin any obligation or responsibility imposed upon the entity by law except to
the extent of actual and timely perforniance thereof by arty I. 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 tlie Lessor, except to the extent permitted by the Florida
Constitution, State Statute, and case law.
46. Non-Reliance bj Non-parties. No person or entity shall be entitled to rely upon the
terms,, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or
entitleirient to or benefit of any seivice or prograrn 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 Agreenient separate and
aparl, inferior to, or superior to the cm.imiturity in general or for the purposes contemplated in this
Agreement.
Page 54 o,f 65
691
47. Attestations. Lessee agrees to execute such documents as the Lessor may
reasonably require, to inchide a Public Entity Crinie Statement, an Ethics Statement, a Drug-Free
Work-place Statement, and a Vendor Certification Regarding Scrutinized Companies List.
48. No Personal Liability. No covenant oragreenient contained berein shall be deenied
to be a covenant or agreement of any inernber, officer, agent, or erriployee of Monroe Cotuity in
his or her individual capacity, and no member,officer, agent,or employee of Monroe Comity sliall
be liable personally on this Agreement or be subject to any Personal liability or accountability by
reason of[tie execution of this Agreement.
49. Execution in Counterparts'. '11ris 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 sanie instrument and any of the parties hereto inay execute this Agreement
by signing any such counterpart.
50. Other Use. Lessee shall not use or pen uit the use of the Premises or -.,uiy Part thereof
for any purpose or rise other than art authorized by this Agreement.
5 1. Paragraph Headings. Paragraph headings herein are intended only to assist in reading
identification and are not in lurritation or enlargement of the content of any paragraph or section,
52. Notices. Any written notices or correspondence given purstiant to this contract shall
be sent by United States Mail, certified, return receipt requested, postage prepared,, or by courier
with proof of delivery, Notice is deerned received by Contractor when liand delivered by national
courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or
non-acceptance of delivery. I'he place of giving Notice shall reiriain the saine as set forth herein
until changed in writing in the irianner provided in this paragraph. Notice shall be sent to the
following persons.-
For Lessor: For Lessee:
Monroe County
Parks and Beaches Contract Monitor
102050 Overseas Hwy.
Key Largo, FL 33037
And
Monroe County Attorney
Post Office Box 1026
Key West, FL, 33041-1026
513. E-Verify System. Beginning Jantiary 1, 2021, in accordance with F.S. 44 .095, the
Contractor and any subcontractor shall register with and shall utilize the U.S. Departnieni of
I-Ionieland Security's E-Verify system to verify the work authorization status of all new employees
Page 55 of 65
692
hired by tile Contractor during the terni of the Contract and shall expressly require any
subcontractors perforining,work or providing services purstialit to the C ontract to likewise utilize
the U.S. Department of Homeland Security's E-Verify system to verify the work authorization
status of all new eniployees,hired by the subcontractor during the Contract term.Any subcontractor
shall provide all affidavit stating that the subcontractor does not employ, contract with, or
subcontr-act with air unauthorized alien. The Contractor shall comply with and be subject to tile
provisions of Fla. Stat. Sec. 448.095,
54. Rights Reserved. Rights not specifically granted to Lessee by this Lease are reserved
to the Lessor.
515. Governine 1,aw, Venue, Interpretation. This Agreeluent shall be governed by and
construed in accordance with the laws, of the State of Florida applicable to contracts inade and to
be perforriled entirely ill the State. hi the event that, any cause of action or administrative
proceeding is instititted for the enforcellient or intetpretation of this Lease Agreement, the Lessor
and Lessee agree that ventle will lie ill 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 tenn of this Agreement by or between any of them the issue shall be submitted to inediation prior
to the institution of ally other administrative or legal proceeding.
56. Attorney 's Fees and Costs, The Lessor arid Lessee agree that in tile 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 prevailhig party shall be entitled to reasonable
attorney's fees,count costs,investigative,and out-of-pocket expenses,as an award against the non-
prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket
expenses in appellate proceedings. Mediations ion proceedings init iait ed 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 eircuit court of Monroe County.
57. Mutual Review. This Agreement has been carefully reviewed by the Lessee and the
Lessor. Therefore, this Agreement is not to be constnied against either party oil the basis of
authorship.
58. E,ntire AP-reenient. This writing embodies the entire agreement and understanding
between the parties hereto, and there are no other agreements and understandings, oral or written,
with reference to the subject matter hereof that are not inerged herein and superseded hereby. Any
amendment to this Lease shall be in writing, approved by the Board of County Cominissioners,
and signed by both parties before it becornes effective,
5 . Final Understanding. This Agreement is tile parties' filial mutual tuiderstailding. It
replaces any earlier agreements or understaridings,whether written or oral. This Agreement cannot
be modified or replaced except by another written and signed agreement.
Page 56 o�f 65
693
IN VvTTNESS WHEREOF, each party has caused this Lease Agreement to be executed by
a duly authorized representative.
LESSOR:
(SEAL) BOARD OF COUNTY C.'"OMMISSIONERS
MA ATTEST. KEVIN DOK, CLER K, O MON F ROE COUNTY, FLORIDA
By-
As Deputy Clerk By:
Ma,yor/C Cain um
Witnesses for LESSEE:
LESSEE.-
Signature of persou authorized to
Signature legally bilid Corl)oration
Date:
Print Nanie Date Print Nat re Title
Address
Signature
Telephone Number
Print Naine Date
Page 57 o 5
694
E x hi i b it "'A HIE BEACH CONCESSION
RBASED MAY 17,2023
MONROE C01UNTY
01LITSIDE MING PARKS AND BEACHES
192 SF
25-01
DDINING AREA 763 SF 2462 SF
OUTSIDE
DINING
*TAKEOUT'l
DIN'I'N,G AREA 940,SF 375A SF
N4,
0
01
—38'40 w p.10
KITCHEN AREA,540.8 SF
STORAGE
MEN womms �400LER 115 SF
177 SF OFFICE 114.6 SF
1841 SIF
w.
Eel
T OTAL USAB L E SF 4212 A
Page 58 of 65
695
EXHIBIT `B"
Y _
kINMn
666
4 a
} rpp
h r er
I
t
r
The Higgs Beach Master Plan may be found at the following link:
hqp://www.monroecouniy-fl.gov/235/Higgs-Beach
Page 59 of 65
696
EXHIBIT "C"
General Insurance Requirements
for Organizations/Individuals Leasing County-Owned Property
Prior to the Organization or Individual taking possession of the property owned by the County,
or commencing its concessionaire operations,the Organization/Individual shall obtain,at his/her
own expense, insurance as specified in the attached schedules, which are made part of this
lease/rental agreement.
The Organization/Individual will not be permitted to occupy or use the property until satisfactory
evidence of the required insurance has been furnished to the County as specified below.
The Organization/Individual shall maintain the required insurance throughout the entire term
of this lease/rental agreement and any extensions specified in the attached schedules. Failure
to comply with this provision may result in the immediate termination of the lease/rental
agreement and the return of all property owned by the County.
The Organization/Individual will be held responsible for all deductibles and self-insured
retentions that may be contained in the Organizati on/Indivi dual's Insurance policies.
The Organization/Individual shall provide,to the County,as satisfactory evidence of the required
insurance, either:
• Certificate of
Insurance or
• A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
All insurance policies must specify that they are not subj ect to cancellation,non-renewal,material
change, or reduction in coverage unless a minimum of thirty (30)days prior notification is given
to the County by the insurer.
The acceptance and/or approval of the Organizati on/Indivi dual's insurance shall not be construed
as relieving the Organization/Individual from any liability or obligation assumed under
this contract or imposed by law.
The Monroe County Board of County Commissioners,will be included as "Additional Insured"
on all policies. They will also be named as "Loss Payee" with respect to Fire Legal Exposure.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled"Request for "Waiver of Insurance Requirements" and
approved by Monroe County Risk Management Department.
Page 60 of 65
697
ALL RISK PROPERTY INSURANCE REQUIREMENTS FOR
LEASES/RENTALS OF COUNTY-OWNED PROPERTY FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA AND
Prior to the Organization/Individual taking possession of the property governed by this lease/rental
agreement, the Organization/Individual shall obtain All Risk Property Insurance (to include the
perils of Flood and Wind) with limits no less than the Replacement Cost Value of the property
leased or rented. Coverage shall be maintained throughout the life of the Lease/Rental Agreement
and include, as a minimum, liability coverage for:
Fire Lightning Vandalism
Sprinkler Leakage Sinkhole Collapse Falling Objects
Windstorm Smoke Explosion
Civil Commotion Aircraft and Vehicle Damage Flood
The Monroe County Board of County Commissioners will be named as Additional Insured and
Loss Payee on all policies issued to satisfy the above requirements.
Page 61 of 65
698
GENERAL LIABILITY INSURANCE REQUIREMENTS FOR
LEASE/RENTAL OF PROPERTY OWNED BY THE COUNTY
FOR CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA AND
Prior to the Organization/Individual taking possession of the property governed by this
lease/rental agreement, the Organization/Individual shall obtain General Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a minimum:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
• Fire Legal Liability (with limits equal to the fair market value of the leased property.)
The minimum limits acceptable is:
$1,000,000 Combined Single Limit(CSL)
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy,
its provisions should include coverage for claims filed on or after the effective date of this
contract. In addition,the period for which claims may be reported should extend for a minimum
of twelve months following the termination of the Lease/Rental Agreement.
The Monroe County Board of County Commissioners will be named as Additional Insured and
Loss Payee on all policies issued to satisfy the above requirements.
Page 62 of 65
699
BUSINESS AUTOMOBILE LIABILITY INSURANCE REQUIREMENTS FOR
LEASES/RENTALS OF COUNTY-OWNED PROPERTY
FOR CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA AND
Prior to the Organization/Individual taking possession of the property governed by this
lease/rental agreement, the Organization/Individual shall purchase Business Automobile
Liability Insurance. Coverage shall be maintained throughout the life of the Lease/Rental
Agreement and include, as a minimum, liability coverage for:
• Owned, Non-Owned, and Hired Vehicles
• Physical Damage Protection (if the leased property is a County-owned
vehicle)
The minimum limits acceptable is:
$300,000 Combined Single Limit(CSL)
ACV for Physical Damage
The Monroe County Board of County Commissioners will be named as Additional Insured on all
policies issued to satisfy the above requirements. In addition, if the lease/rental agreement
involves County-owned vehicles, the Monroe County Board of County will be named a"Loss
Payee" with respect to the Physical Damage protection.
Page 63 of 65
700
LIQUOR LIABILITY
INSURANCE REQUIREMENTS
FOR CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves the sales and/or distribution
of alcoholic beverages, the Vendor's General Liability Insurance policy will include Liquor
Liability with limits of not less than $1,000,000.
The County will honor the Liquor Liability insurance coverage being provided by the caterer
or vendor providing and serving the alcoholic beverages.
The Monroe County Board of County Commissioners will be named as Additional Insured on
all policies issued to satisfy the above requirements. The Monroe County Board of County
Commissioners must be included as Additional Insured if a separate Liquor Liability policy
is provided or provided by the caterer or vendor providing or serving the alcoholic beverages.
Page 64 of 65
701
MONROE COUNTY, 1100 SIMONTON STREET, KEY WEST, FL 33040 SHALL BE
NAMED CERTIFICATE HOLDER AND AS AN ADDITIONAL INSURED ON ALL
POLICIES EXCEPT WORKER'S COMPENSATION.
Indemnification, Hold Harmless and Defense. Notwithstanding any minimum insurance
requirements prescribed elsewhere in this Lease, Lessee shall defend, indemnify and hold the
COUNTY and the COUNTY's elected and appointed officers and employees harmless 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(including attorney's
fees)that may be asserted against, initiated with respect to, or sustained by, any indemnified parry
by reason of, or in connection with, (A) any activity of Lessee or any of its employees, agents,
contractors or other invitees during the term of this Agreement, (B)the negligence or recklessness,
intentional wrongful misconduct, errors or other wrongful act or omission of Lessee or any of its
employees, agents, sub-Lessee's or other invitees, or (C) Lessee's default in respect of any of the
obligations that it undertakes under the terms of this Agreement, 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.
In the event that the term of this lease is delayed or suspended as a result of the Lessee's failure to
purchase or maintain the required insurance, the Lessee shall indemnify the County from any and
all increased expenses resulting from such delay.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this LEASE.
Page 65 of 65
702
Proposal — Food and Beverage Concession Services
At Higgs Beach, Monroe County, Florida
1000 Atlantic Blvd, LLC,
a Florida limited liability company
Richard Hatch, Managing member.
Suanne Kitchar, Managing member.
729 Thomas Street
Key West, Florida 33040
305-304-6687
Contact: Richard Hatch
Email: blueheaven729@gmail.com
703
INDEX
Tab
Business Plan for Proposed Concession..................................... 1
Qualifications and Experience...................................................2
List of Shareholders..................................................... 1
List of Officers and Directors of Salute ......................... 2
Number of years operating .......................................... 3
Number of years under present name........................... 4
Customer References ................................................... 5
Credit References ......................................................... 6
Relevant experience ..................................................... 7
Litigation Answers ....................................................... 8
Compatibility of Salute's Operations
with the Higgs Beach Master Plan ....................................3
Potential Revenue to the County ...............................................4
LocalPreference........................................................................5
704
Tab
County Forms and Licenses ...................................................... 6
ProposalForm................................................................... A
Non-collusion Affidavit ...................................................... B
Lobbying and Conflict of Interest Clause ........................... C
Drug Free Workplace Form ............................................... D
Local Preference Form ....................................................... E
Public Entity Crime Statement .......................................... F
Vendor Certification Regarding
Scrutinized Companies List............................................... G
Salute's Insurance and Indemnification Statement............ H
Insurance Agent's Statement............................................. I
Respondent's License ........................................................ J
705
TAB 1
BUSINESS PLAN FOR PROPOSED CONCESSION
Salute on the Beach proposes to continue their existing plan to serve good food
and drinks at a good value and friendly service to everyone who visits Higgs Beach
and the restaurant.
There is a service (to go) window on the patio where beachgoers who don't want
to go inside can order food and drinks.
There is a popular kid's menu and an ice cream freezer by the front door that has
inexpensive ice creams and a more expensive homemade ice cream sandwich.
There are sandwiches including hamburgers from our own cows and fresh local
seafood specials at Lunch and Dinner. (See enclosed menus)
707
Imp
II
I OR, VV ruin de
11:30 a.m. till
Appetizers
* Steamed mussels in Bianco 16.50
* Peel and eat Key West Shrimp 19
Tuscan white bean soup
Cup 7 Bowl 9
Antipasti Plate 16
Calamari sauteed with marinara sauce 18
Salads
Caprese salad, tomatoes, mozzarella and basil 14
Add avocado 3.75
Mixed greens, Gorgonzola, pecans, apple, and vinaigrette 14
*Add Key West Shrimp 9 Add Chicken 7 *Add Yellowtail Snapper 9
* Shrimp salad with basil, onion & capers on greens 16
Mains
Cheeseburger(Pasture-raised beef) 17.50
Add prosciutto chips, roasted red pepper, and avocado 4
*Grouper Cakes with shrimp and chipotle aioli 19.50
Vegetarian Pesto with sauteed vegetables 17
Spaghetti with farm meatballs 19.50
* Pasta with mussels,white wine and garlic butter 24
Fettucine Alfredo with cream, Italian cheese, peas and prosciutto 25
Add Chicken 7 *Add Shrimp 9 *Add Scallops 15
* Sauteed Yellowtail Snapper with roasted potatoes, spinach
and citrus beurre blanc 32
Filet Mignon with Gremolata, roasted potatoes and asparagus 42
Desserts
Blue Heaven Key Lime Pie 10
Chocolate Mousse Cake 10
Homemade ice cream cookie sandwich 8
*Consuming raw or undercooked meats,poultry,seafood,shellfish,or eggs may
increase your risk of foodborne illness,especially if you have certain medical conditions.
An 18%gratuity may be added to your check.
No more than 4 split checks per table please.
February 2023
708
DRINK SPECIALS
Golden Margarita 13
1800 Reposado Tequila, Cointreau, fresh lime juice, simple syrup
Coconut Mojito 13
Newhaven Coconut Rum, fresh muddled lime and mint, splash of soda
Hendrick's Cucumber Wonder 13
Hendrick's Gin, fresh muddled lime and cucumber, simple syrup and soda
Barbados Smile 12
Mt. Gay Eclipse Rum, Amaretto, Creme de Banana and pineapple juice
Blueberry Lemonade 13
Blueberry Infused Stoli Vodka with our house made Lemonade
Tito's Kickin' Mule 13
Tito's Handmade Vodka, ginger beer and lime juice, shaken with a slice of jalapeno
Havana Sunset 13
Bacardi Mango, pineapple and cranberry juices
Dark and Stormy 13
Gosling's Black Seal Rum and ginger beer
Sangria 12
Tempranillo Red Wine, Brandy, Triple Sec, orange juice, simple syrup and fresh fruit
Italian Lemonade 12
Prosecco and Limoncello
Pusser's Pain Killer 13
Pusser's Rum, Pineapple Juice, Creme de Coco, Orange Juice and Nutmeg
BEER LIST *-
Domestic Beers 5
Budweiser, Bud Light, Mich Ultra, Miller Lite, Kona Long Board and St. Pauli Girl NIA
Imports and Micro Brews 6
Corona, Heineken, Becks, Stella, Fat Tire Amber Ale
Red Bridge (Gluten Free) Estrella Galicia
Guinness Stout 6 Stiegl Grapefruit Radler 6
Islamorada Channel Marker IPA 6 Sam Smith's Nut Brown Ale 6.50
Cigar City Florida Man 6.50 Funky Buddha Floridian 6
BEVERAGES
Pepsi, Diet, Sierra Mist, Ginger Ale 3 Homemade Lemonade 5
Unsweetened Ice Tea 3 Pellegrino 5
Bottled Water 5 Ginger Beer 5
Orange Juice, Grapefruit, Cranberry or Pineapple 4
February 2023
709-
0010M
NEW WORLD RED OLD WORLD RED
Pinot Noir, Cellar No. 8 gi 9 28 Montepulciano DAbruzzo, gi 9 25
Sonoma-California La Fiera—Mombaruzzo, Italy
Cherry upfron with Chocolate and spice;fine tannins Fruity,light,with a bit of tannin on the finish
Pinot Noir, Chehalem 58 Chianti Classico, Querceto, gi 9 28
Willamette, Oregon DOCG- Toscana,Italy
Cherries and berries wrapped in a silky textured wine A nose dominated by oak plums,dark berries and hints
of lavender. Its palate is its strong point, mellow,fruity,
Merlot,Red Diamond gi 9 28 silky tannins and apleasant whisky barrel cocoa finish
Washington State
Blackberry, cherry and spice with a Chianti Classico,Castello di Gabbiano,Riserva
toasty oak background Toscana, Italy 48
Malbec,Altos las Hormigas 9Y1 9 28 Elegant, warm with dark cherry. Drink
Mendoza,Argentina with meat,pasta and cheese
Blackberry,smoke and leather in an easy to drink style Toscana Rosso, Ciacci gl 12 36
Cabernet Sauvignon,Broadside gl 10 36 Piccolomini, Montalcino,Italy
Paso Robles, California It tastes similar to a Brunello with lots of plum,
Full-bodied richness with concentrated chocolate and fine tannins
red fruit,floral and velvety finish Cotes du Rhone Famille Perrin 25
Cabernet Sauvignon,Louis Martini 2017 80 Rhone Valley, France
Napa Valley, California Ripe red berries and a hint of pepper.
Aged in French and American Oak more than Beautiful Tannins. Grenache and Syrah grapes.
thirty months. Delicate fruit flavors linger
on the palate;smooth&refined Barolo Coppo,2015 140
Cabemel Sauvignon,Free markAbbq20l6 85 Canelli,Italy
A well-balanced wine with cherries on the nose,
Napa Valley, California violet aromas and a smooth finish
Cherry and chocolate flavors with hint of cinnamon,
soft,full-bodied, rich and opulent Amarone,Righedi Capitel 70
Cabernet Sauvignon, Groth 2016 118 de I Roari delta Valpolicella 2016
Napa Valley, California Marano,Italy
Lush,full, rich aromas and flavors redolent Deep ruby color,full-bodied, dried fruit and
of ripe stone fruit and dark berries almonds with a hint of anise
RESERVF.REDS Masi Campoflorin gi 11 42
Veneto, Italy
Chateau Pavie 2004 490 Dark red, open mature nose, containing black fruits,
Saint-Emilion Grand Cru stone fruits and oak undercurrents
Bordeaux, France
Rich, deep,full-bodied and absolutely remarkable Chateau de beaucastel 2011 145
with a wonderful sweet kiss of blackberry, Rhone Valley, France
licorice,spice box and roasted herbs Full-bodied, with flavors ofcassis, raspberry,
and cherry. A polished finish.
Opus One,Mondavi Rothschild 2017 460 1
Napa Valley, California Brunello di Montalcino Castelgiocondo
A complex,stylish wine, wearing a cloak of earthy, Frescobaldi 2013—Montalcino,Italy 148
leathery tannins around flavors of mineral, currant, This intense,powerful Brunello exhibits the essence
earth and blackberry offlowers, tar,smoke, dark cherries, and wild herbs
Barolo Borgogno 1988 160 as it opens to reveal superb depth and concentration
Piemonte, Italy
Dark fruit layered with hints of tar and herbal spice. Costello di Bolgheri Superiore 2015 135
Smooth tannins and a long finish Tuscany,Italy
Packed with juicy black currant and a long spice-
Tapestry Reserve 125 filled finish. Cabernet,Merlot&Cabernet Franc
Beaulieu Vineyards,Napa Valley 2016
Four grape blend with cassis on the nose. Bold
and polished with smooth woody finish May 2R21
710
Fmmmmmm�i wwwwom
SP
Perrier Jouet, Grand Brut, Champagne 89 ChardonnayArdkhe,Louis Latour g19 28
Village Ardeche, France
Francois Montand, Brut, Champagne 32 Delicious bouquet of honey with aromas ofyellow
Prosecco, Famiglia Zonin gl 9 28 fruits and a lovely lasting freshness in the mouth
Rotari, Brut, Italy- Split 187 ml 10
iot Grigio,San Giorgio 19 25
Rose, JL Colombo, France gl 10 2 Delle Venezia, Italy
Rase, Whispering Angel, France gl 14 39 Dry and well-balanced with a characteristic nose
Reminiscent of acacia blossoms
HALF BOTTILS inot Grigio,Santa Margherila 50
Trentino-Alto Adige, Italy
Sauvignon Blanc,Kim Crawford 19 Clean, crisp fragrance, Fresh fruit set off by slight
New Zealand sweetness with a long,full finish of tangy flavors
Blended with Semillon, notes of Meyer lemon
and Kaffir lime, and crisp acidity Sauvignon Blanc,Henri Bourgeois 30
Loire Valley, France
Coles du Rhone,E. Guigal 19 Delicate nose with citrus aromas
Rhone Valley—France
Smoke accented cherry and dark berry aromas Gavi "La Rocca"COpo 39
Piemonte, Italy
Fruity,fresh and crisp with a gentle acidity
Sauvignon Blanc,Rodney Strong gl 9 30 Albarino,Abaia de San Campio 36
Charlotte's Home, Sonoma—California Rias Baixas, Spain
Flavors of apple,pear, lime, with lemon aromas Delicious wine with citrus and apple flavors;
goes well with shellfish and spicy cuisine
Sauvignon Blanc, Frenzy gl 12 42 1 10 40
Marlborough- New Zealand Riesling Carl ex g
Juicy,round texture with a mouthwatering Nahe, Germany
finish of melon and citrus Dry white wine showcasing pure green apple, citrus
and peach flavors with a bright refreshing acidity
iot Gris,Elk Cove 42 114 44
Willamette Valley—Oregon S cerre g
Aromas of ripe pear, honeydew melon Henri Bourgeois Les Boronnes
and hints of thyme and ginger Loire Valley, France
A classic Loire Valley Sauvignon Blanc with a
clean zippy finish. Hemingway's favorite white
Chardonnay, a ord Court 43
Russian River Valley Vouvray,Domaine Picot 36
Subtle aromas of honeysuckle, citrus,
green apple and baked pear Loire Valley, France
Notes of quince,persimmon and honeysuckle
are paired perfectly with refreshing acidity
Chardonnay,Sono -Cutrer gl 14 46 and a long lingering finish
Russian River Valley California
Intense aromas of ripe apple, dotted with Pouilly-Fuisse Louis Jaot 2019 59
cinnamon and clove. Fresh, alive and begging to
be enjoyed with a wide array offoods Maconnais, France
Elegant minerality with flowery undertones and
luscious hazelnut
Chardonnay,Ramey 2018 78
Russian River California Chablis Premier Cru 2018 99
Fruit, acid and oak are seamlessly combined
in David Ramey's expert hands Domaine Laroche "Les Vaudevey"
Burgundy, France
Soft and elegant, excellent with shellfish
May 2n')'
711
N
ti
S LUTEI LUNCH SPECIALS TUESDAY JUNE 20TH
GAZPACHO
cup 7 bowl $9
SCALLOP, LOBSTER IMP BISQUE --
cup 9 bowl $12
YELLOWTAIL S PPE
Lightly breaded local Snapper, served on mixed greens with Tropical Fruit Salsa,
tomato, cucumber, avocado, & citrus vinaigrette.
19.50
SALAD— TUNA
Fresh local Yellowfin Tuna seared rare with blackening and sliced thin, served on a bed of
Mixed greens with orange pinwheels, feta cheese, purple onion, & Sesame-Citrus Vinaigrette.
21
BLACKENEDAHI SANDWICH
Locally caught Mahi-Mahi fillet lightly blackened, served with lettuce, tomato & key lime tartar.
17.50
YELLOWTAIL SNAPPER SANDWICH —
Lightly breaded local Snapper fillet served with lettuce, tomato &tartar sauce.
$18.50
SHRIMP ICH
Freshly prepared Shrimp salad, served on garlic butter toasted baguette with lettuce & tomato.
16.50
GRILLED CHICKENSANDWICH
Served on a roll with lettuce, tomato, mayo, & side of potato salad.
16
FARM SAUSAGE SPECIAL
Fresh Italian Sausage from our Tennessee 3-Falls-Farm served on a Hoagie Roll
with Peppers, Onions and Mozzarella Cheese.
$18
AHI
Local Mahi-Mahi fillet, lightly seasoned and pan seared, served with sauteed Keys Pink Shrimp and
Mixed Vegetables, tossed in a Cajun Cream Sauce with Fettucine Pasta.
$19.50
M
ti
---------......_""------ ...............
SALUTE! DINNER SPECIALS - TUESDAY JUNE 2 th
cup 7 bowl 9
SCALLOP, LOBSTER 1BISDQUE
cup 9 bowl 12
wYELLOWFIN
Fresh local Yellowfin Tuna seared rare with blackening and sliced thin,
served on a bed of mixed greens with orange pinwheels, feta cheese,
purple onion, & Sesame Citrus Vinaigrette.
23
SCALLOP SALAD
Seared Diver Scallops served with Mixed Greens tossed in our homemade
Citrus Vinaigrette, accompanied with Avocado and Tropical Fruit Salsa.
35
PASTA— SAUSAGE
Our Three-Falls-Farm Sausage, sauteed with house-made Marinara sauce
and tossed with Spaghetti Pasta.
18
MEAT LASAGNA
--
Classically prepared with Beef, Sausage and our house-made Marinara.
26
s
MAH
1 SPECIAL
Fresh local Mahi-Maki fillet, lightly seasoned and pan seared,
served with sauteed Scallops, Garlic, Shallots, Capers, Tomatoes and Asparagus,
tossed in a White Wine Butter Sauce with Spaghetti Pasta.
V 36
GROUPER SPECIAL—
Locally caught Black Grouper fillet pan roasted, served with a
Shrimp& Vegetable Coconut Rice and saut6 French Green Beans with Pineapple Garnish
Roasted Cashews Finished with a Roasted Red Pepper Shallot Cream.
$38
u
d
ti
ON THE BEACH
CHILDREN'S MENU
PICK THREE $4
CUCUMBERS, RED PEPPERS, TOMATOES, CELERY,
CARROTS, GRAPES
LETTUCE WITH RANCH OR ITALIAN DRESSING
ON THE SIDE $4
ALL BEEF HOT DOG WITH CHIPS AND A PICKLE $4
HAMBURGER WITH CHIPS AND A PICKLE $5
WITH CHEESE $6
PLAIN NOODLES WITH BUTTER $4
NOODLES WITH RED SAUCE $5
SPAGHETTI AND MEATBALL WITH RED SAUCE,
CHEESE ON THE SIDE $6
y
G
TAB 2
QUALIFICATIONS AND EXPERIENCE
Current managing partners Richard W. Hatch and Suanne M. Kitchar
Each have 50% of 1000 Atlantic Boulevard U.C.
They each have 31 years of experience in the restaurant business in Key West
(Blue Heaven). Salute has operated under these two managers since October of
2008.
Richard Hatch is currently the hands on proprietor dealing with assorted
restaurant issues including plumbing, refrigeration, building maintenance and
personnel as well the wine program.
Suanne Kitchar is running the farm to table program which includes our own
cattle beef for our hamburgers — avocados and mangoes in season and often our
own bottled spring water.
The Chef, Dan Hatch, has been in the restaurant business for 44 years. He
graduated from Johnson &Wales Culinary Institute in Charleston, SC. and has
been the chef at Salute for the past 13 years. He has a huge passion for great food
as evidenced by the popular grouper cakes served today.
716
TAB 2 , ITEM 1
Electronic Articles of Organization L08000092528
FILED 8:00 AM
For September 30, 2008
Florida Limited Liability Company Sec. of State
Isellers
Article I
The name of the Limited Liability Company is:
1000 ATLANTIC BOULEVARD, LLC
Article II
The street address of the principal office of the Limited Liability Company is:
1000 ATLANTIC BOULEVARD
KEY WEST, FL. US 33040
The mailing address of the Limited Liability Company is:
729 THOMAS STREET
KEY WEST, FL. US 33040
Article III
The purpose for which this Limited Liability Company is organized is:
ANY AND ALL LAWFUL BUSINESS.
Article IV
The name and Florida street address of the registered agent is:
STEVEN R PRIBRAMSKY
937 FLEMING STREET
KEY WEST, FL. 33040
Having been named as registered agent and to accept service of process
for the above stated limited liability company at the place designated
in this certificate, I hereby accept the appointment as registered agent
and agree to act in this capacity. I further agree to comply with the
provisions of all statutes relating to the proper and complete performance
of my duties, and I am familiar with and accept the obligations of my
position as registered agent.
Registered Agent Signature: STEVEN PRIBRAMSKY
718
Article V L08000092528
The name and address of managing members/managers ers are: FILED 8:00 AM
g g g September 30, 2008
Title: MGRM Sec. Of State
RICHARD HATCH Isellers
729 THOMAS STREET
KEY WEST, FL. 33040 US
Title: MGRM
SUANNE KITCHAR
729 THOMAS STREET
KEY WEST, FL. 33040
Signature of member or an authorized representative of a member
Signature: STEVEN PRIBRAMSKY
719
TAB 2 , ITEM 2
7/3/23, 12:04 PM Detail by Entity Name
a IV 1S IC)IN rtl rtl*I"rtlI AI IC)INS
i
hn�
�;n
G¢,Irra IrP,I ¢1Irn0�a�w 0a 0¢, / IDiivii.>iioi n of Col[Trcalra��ii�alrn.>, / "aa aIra,lhn IFR¢1coj[rds / I aIra;lhn Itry IF.irr�ii�y INa r n¢ /
I[:)etalil by IEE;iirvfl- Name
Florida Limited Liability Company
1000 ATLANTIC BOULEVARD, LLC
ftg Information
Document Number L08000092528
FEI/EIN Number 26-3450621
Date Filed 09/30/2008
State FL
Status ACTIVE
Principal Address
1000 ATLANTIC BOULEVARD
KEY WEST, FL 33040
Mailing Address
729 THOMAS STREET
KEY WEST, FL 33040
Registered Agent Name&Address
PRIBRAMSKY, STEVEN R
1010 Kennedy Dr. #201
KEY WEST, FL 33040
Address Changed: 03/23/2018
Authorized Person(s) Detail
Name&Address
Title MGRM
HATCH, RICHARD
729 THOMAS STREET
KEY WEST, FL 33040
Title MGRM
KITCHAR, SUANNE
729 THOMAS STREET
KEY WEST, FL 33040
Annual Reports
https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetaiI?inquirytype=EntityName&directionType=Initial&search NameOrder=1000ATLA... 72
7/3/23, 12:04 PM Detail by Entity Name
Report Year Filed Date
2021 04/16/2021
2022 04/14/2022
2023 02/24/2023
Document Images
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https://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetaiI?inquirytype=EntityName&directionType=Initial&searchNameOrder=1 OOOATLA... 722
TAB 2 , ITEM 3
The managing members of the entity, Richard W.
Hatch, and Suanne Kitchar, each have 31 years of
experience in the restaurant business in Key West,
operating the restaurant "Blue Heaven" for the entire
time and the subject restaurant "Salute!" since
2008.
724
TAB 2 , ITEM 4
The entity ( 1000 Atlantic Boulevard, LLC) has
operated under the names "Salute!" and "Salute!
At the Beach" since its inception in 2008.
726
TAB 2 , ITEM 5
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TAB 2 , ITEM 6
N
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F0013 PALACE, INC.
ti
RETAILWHOLESALE
West,Key FL 33040
522 Fleming to I 105 White ,t.
(305)296-5663 (305) 29 -5221
Fax: (305) 294-7585 www.Faustos.com Fax: (305296-2464
20 June 2023
TO WHOM IT MAY CONCERN:
This is to certify the Salute on The Beach has been a credit customer since November, 2008.We would
rate their credit worthiness as excellent. All invoices are paid on time.
Please feel free to contact me if you need any additional information.
Alton L.Weekley
General Manager
CV)
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1 ,
iz
June 21, 2
To whom it may concern,
This letter is to confirm that Salute Restaurant has been doing business with us since July
2008 and has always been on firne with their payments. Please feel free to contact me at
(305)294-6456 if you have any questions.
Sincerely,
D"etal Mendez, Coiritrollier,
Rs II'flxtsteirz, ReIaH, ILILG,
64i i Iimaiioir�iey Averwe-Stock[slarild
Key'West, F::L 33040
3105-294-6456 F:9hoirwe Ext 3
64o6 Maloney Avenue,Key'West,FL �.33o4o
(305)294.6496 (office)
(300294.6439 (fax)
DUCjj
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1101 StreetEaton .
r
June
f
2023
To whom It
Salute'Mr. Richard Hatch has had an open account with Strunk Ace Hardware for his
two Restaurants, Blue Heaven and In excess of 20 years.
This account has always been In good standing.
HardwareMarb4A Sise
Office Manager/Strunk Ace
1101 Eaton St
Key West, i. 33040
TAB 2 , ITEM 7
QUALIFICATIONS AND EXPERIENCE
Current managing partners Richard W. Hatch and Suanne M. Kitchar
Each have 50% of 1000 Atlantic Boulevard U.C.
They each have 31 years of experience in the restaurant business in Key West
(Blue Heaven). Salute has operated under these two managers since October of
2008.
Richard Hatch is currently the hands on proprietor dealing with assorted
restaurant issues including plumbing, refrigeration, building maintenance and
personnel as well the wine program.
Suanne Kitchar is running the farm to table program which includes our own
cattle beef for our hamburgers — avocados and mangoes in season and often our
own bottled spring water.
The Chef, Dan Hatch, has been in the restaurant business for 44 years. He
graduated from Johnson &Wales Culinary Institute in Charleston, SC. and has
been the chef at Salute for the past 13 years. He has a huge passion for great food
as evidenced by the popular grouper cakes served today.
736
TAB 2 , ITEM 8
Litigation: Answers to the following questions regarding claims and suits:
a. Has the person,principals, entity, or any entity previously owned, operated
or directed by any of its officers, major shareholders or directors, ever failed to
complete work or provide the goods for which it has contracted? If yes, provide
details;
YES ❑ NO X❑
b. Are there any judgments, claims, arbitration proceeding or suits pending or
outstanding against the person, principal of the entity, or entity, or any entity
previously owned, operated or directed by any of its officers, directors, or general
partners? If yes,provide details;
YES �X- NO ❑
c. Has the person, principal of the entity, entity, or any entity previously
owned, operated or directed by any of its officers, major shareholders or directors,
within the last five (5) years, been a party to any lawsuit, arbitration, or mediation
with regard to a contract for services, goods or constriction services similar to those
requested in the specifications with private or public entities? If yes,provide details;
YES ❑ NO X❑
d. Has the person, principal of the entity, or any entity previously owned,
operated or directed by any of its officers, owners, partners, major shareholders or
directors, ever initiated litigation against Monroe County or been sued by Monroe
County in connection with a contract to provide services, goods or constriction
services? If yes,provide details;
YES ❑ NO ❑X
e. Whether, within the last five (5) years, the owner, an officer, general
partner, principal, controlling shareholder or major creditor of the person or entity
was an officer,director, general partner,principal, controlling shareholder, or major
creditor of any other entity that failed to perform services or furnish goods similar
to those sought in the request for competitive solicitation.
YES ❑ NO ❑X
Page 1 of 65
738
Details regarding pending lawsuit.
On March 20, 2023, a patron, Lorna Weyant, filed a slip and fall suit against the entity. A
copy of the Complaint is attached. The liability insurance carrier is handling the suit.
739
Filing # 169128628 E-Filed 03/20/2023 03:02:33 PM
IN THE CIRCUIT COURT OF THE 10
JUDICIAL CIRCUIT, IN AND FOR
MONROE COUNTY, FLORIDA
CASE NO.:
LORNA WEYANT,
Plaintiff,
vs.
1000 ATLANTIC BLVD, LLC,
d/b/a SALUTE! ON THE BEACH
RESTAURANT
Defendant.
COMPLAINT
COMES NOW, the Plaintiff, LORNA WEYANT, by and through the undersigned
attorneys, and hereby sues the Defendant, 1000 ATLANTIC BLVD, LLC, d/b/a SALUTE! ON
THE BEACH RESTAURANT., (`SALUTE'), and alleges as follows:
GENERAL ALLEGATIONS
1. This is an action for damages in excess of Thirty Thousand Dollars ($30,000.00),
exclusive of costs and interest.
2. The Plaintiff, LORNA WEYANT, at all times material hereto, was and is a
resident of the State of New York visiting the State of Florida as a tourist.
Page-1
Vastola Legal, 7000 SE Federal Highway, Suite 310, Stuart, FL 34997
Tel: 772-419-0999/Fax: 772-419-0998
740
3/20/2023 3:02 PM eFiled - Kevin Madok, CPA, Clerk of the Court Page 1
3. Defendant, SALUTE, was and is a Florida Corporation authorized to do business
in Monroe County, Florida.
4. The incident that is the subject matter of this Complaint occurred in the city of
Key West, Monroe County, Florida.
5. On or about May 1, 2022, LORNA WEYANT was a business invitee of SALUTE
restaurant, eating dinner at an outdoor table. As she returned to her table from inside the
restaurant, Ms. Weyant was not able to see a step down due to inadequate lighting and
inadequate warnings relative to a change in elevation. As a result, Ms. Weyant fell to the ground
and suffered serious injury.
6. On or about May 1, 2022, SALUTE, either owned, occupied, controlled,
maintained and managed the premises at 1000 Atlantic Boulevard, Key West, Florida.
COUNT I:
NEGLIGENCE OF SALUTE! ON THE BEACH RESTAURANT
7. Plaintiff, LORNA WEYANT, hereby adopts paragraphs one (1) through six (6)
above by reference as though fully set forth herein.
8. On or about May 1, 2022, Plaintiff was a business invitee of Defendant,
SALUTE.
9. At that time, while traversing on the Defendant's premises on foot, Plaintiff
suffered a fall due to inadequate construction and lighting, causing her serious and permanent
injuries.
10. Defendant, SALUTE, owed a duty to Ms. Weyant to provide a safe premises for
ingress and egress.
Page-2
Vastola Legal, 7000 SE Federal Highway, Suite 310, Stuart, FL 34997
Tel: 772-419-0999/Fax: 772-419-0998
741
3/20/2023 3:02 PM eFiled - Kevin Madok, CPA, Clerk of the Court Page 2
11. SALUTE breached its duty of reasonable care owed to the Plaintiff per the
following non-exhaustive list:
A. Failing to properly maintain the area in question and surrounding area
on the premises with adequate lighting;
B. Failing to obtain a permit for the addition to the outdoor dining area;
C. Failing to provide for adequate construction; and
D. Failing to provide adequate warning of the change in elevation.
12. As a direct and/or proximate result of the breach of the duties owed to the
Plaintiff by the Defendant, the Plaintiff, LORNA WEYANT, suffered bodily injury that is
permanent within a reasonable degree of medical probability, resulting pain and suffering,
disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of
hospitalization, medical and nursing care and treatment, loss of earnings, and loss of ability to
earn money. These losses are either permanent or continuing and the Plaintiff will suffer said
losses in the future.
WHEREFORE, Plaintiff, LORNA WEYANT, demands judgment for damages plus costs
against the Defendant, SALUTE, and any other relief this court deems fit and proper.
DEMAND FOR TRIAL BY JURY
The Plaintiff, LORNA WEYANT, hereby demands a trial by jury of all issues so triable.
Respectfully Submitted,
BY: lsl deffD. Vastola
Jeff D. Vastola, Esq.
Florida Bar Number 0090255
Page-3
Vastola Legal, 7000 SE Federal Highway, Suite 310, Stuart, FL 34997
Tel: 772-419-0999/Fax: 772-419-0998
742
3/20/2023 3:02 PM eFiled - Kevin Madok, CPA, Clerk of the Court Page 3
Mackenzie C. Scott, Esq.
Florida Bar Number 1039535
THE LAW OFFICES OF VASTOLA LEGAL
Attorneys for Plaintiff
7000 S.E. Federal Highway, Suite 310
Stuart, FL 34997
Telephone: (772) 419-0999
Facsimile: (772) 419-0998
EMAIL DESIGNATION
s c is( vstoea ®co
°v st l cr7,vasto a c l®com
scottLa)vasto a aegal,co
cuu2lielmucci(&�vastolale2al,com
Page-4
hastola Legal, 7000 SE Federal Highway, Suite 310, Stuart, FL 34997
Tel: 772-419-0999/Fax: 772-419-0998
743
3/20/2023 3:02 PM eFiled - Kevin Madok, CPA, Clerk of the Court Page 4
TAB 3
The entity has well demonstrated its celebrated place in the Higgs Beach
Master Plan by providing food and beverage options, for all who enjoy Higgs
Beach and all of its amenities, that are varied and suited to the variety of
visitors to Higgs Beach. The entity strives for consistent quality and a high
level of customer service to all, as reflected in the consistently positive reviews
posted online by patrons. Included here are menus showing the array,
quality and variety of options for the beach-going public.
Consistent with the Higgs Beach Master Plan, a valued public park for a
variety of community activities, the entity supports a variety of community charities
and community events, offering financial support, in-kind contributions and use of
the restaurant space. A list of many of the charities and community events follow
the menus in the section.
745
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Appetizers
* Steamed mussels in Bianco 16.50
* Peel and eat Key West Shrimp 19
Tuscan white bean soup
Cup 7 Bowl 9
Antipasti Plate 16
Calamari sauteed with marinara sauce 18
Salads
Caprese salad, tomatoes, mozzarella and basil 14
Add avocado 3.75
Mixed greens, Gorgonzola, pecans, apple, and vinaigrette 14
*Add Key West Shrimp 9 Add Chicken 7 *Add Yellowtail Snapper 9
* Shrimp salad with basil, onion & capers on greens 16
Mains
Cheeseburger(Pasture-raised beef) 17.50
Add prosciutto chips, roasted red pepper, and avocado 4
*Grouper Cakes with shrimp and chipotle aioli 19.50
Vegetarian Pesto with sauteed vegetables 17
Spaghetti with farm meatballs 19.50
* Pasta with mussels,white wine and garlic butter 24
Fettucine Alfredo with cream, Italian cheese, peas and prosciutto 25
Add Chicken 7 *Add Shrimp 9 *Add Scallops 15
* Sauteed Yellowtail Snapper with roasted potatoes, spinach
and citrus beurre blanc 32
Filet Mignon with Gremolata, roasted potatoes and asparagus 42
Desserts
Blue Heaven Key Lime Pie 10
Chocolate Mousse Cake 10
Homemade ice cream cookie sandwich 8
*Consuming raw or undercooked meats,poultry,seafood,shellfish,or eggs may
increase your risk of foodborne illness,especially if you have certain medical conditions.
An 1 S%gratuity may be added to your check.
No more than 4 split checks per table please.
February 2023
746
DRINK SPECIALS
Golden Margarita 13
1800 Reposado Tequila, Cointreau, fresh lime juice, simple syrup
Coconut Mojito 13
Newhaven Coconut Rum, fresh muddled lime and mint, splash of soda
Hendrick's Cucumber Wonder 13
Hendrick's Gin, fresh muddled lime and cucumber, simple syrup and soda
Barbados Smile 12
Mt. Gay Eclipse Rum, Amaretto, Creme de Banana and pineapple juice
Blueberry Lemonade 13
Blueberry Infused Stoli Vodka with our house made Lemonade
Tito's Kickin' Mule 13
Tito's Handmade Vodka, ginger beer and lime juice, shaken with a slice of jalapeno
Havana Sunset 13
Bacardi Mango, pineapple and cranberry juices
Dark and Stormy 13
Gosling's Black Seal Rum and ginger beer
Sangria 12
Tempranillo Red Wine, Brandy, Triple Sec, orange juice, simple syrup and fresh fruit
Y P g
Italian Lemonade 12
Prosecco and Limoncello
Pusser's Pain Killer 13
Pusser's Rum, Pineapple Juice, Creme de Coco, Orange Juice and Nutmeg
BEER LIST '.
Domestic Beers 5
Budweiser, Bud Light, Mich Ultra, Miller Lite, Kona Long Board and St. Pauli Girl NIA
Imports and Micro Brews 6
Corona, Heineken, Becks, Stella, Fat Tire Amber Ale
Red Bridge (Gluten Free) Estrella Galicia
Guinness Stout 6 Stiegl Grapefruit Radler 6
Islamorada Channel Marker IPA 6 Sam Smith's Nut Brown Ale 6.50
Cigar City Florida Man 6.50 Funky Buddha Floridian 6
BEVERAGES
Pepsi, Diet, Sierra Mist, Ginger Ale 3 Homemade Lemonade 5
Unsweetened Ice Tea 3 Pellegrino 5
Bottled Water 5 Ginger Beer 5
Orange Juice, Grapefruit, Cranberry or Pineapple 4
February 2023
747
0010M
NEW WORLD RED OLD WORLD RED
Pinot Noir, Cellar No. 8 gi 9 28 Montepulciano DAbruzzo, gi 9 25
Sonoma-California La Fiera—Mombaruzzo, Italy
Cherry upfron with Chocolate and spice;fine tannins Fruity,light,with a bit of tannin on the finish
Pinot Noir, Chehalem 58 Chianti Classico, Querceto, gi 9 28
Willamette, Oregon DOCG- Toscana,Italy
Cherries and berries wrapped in a silky textured wine A nose dominated by oak plums,dark berries and hints
of lavender. Its palate is its strong point, mellow,fruity,
Merlot,Red Diamond gi 9 28 silky tannins and apleasant whisky barrel cocoa finish
Washington State
Blackberry, cherry and spice with a Chianti Classico,Castello di Gabbiano,Riserva
toasty oak background Toscana, Italy 48
Malbec,Altos las Hormigas 9Y1 9 28 Elegant, warm with dark cherry. Drink
Mendoza,Argentina with meat,pasta and cheese
Blackberry,smoke and leather in an easy to drink style Toscana Rosso, Ciacci gl 12 36
Cabernet Sauvignon,Broadside gl 10 36 Piccolomini, Montalcino,Italy
Paso Robles, California It tastes similar to a Brunello with lots of plum,
Full-bodied richness with concentrated chocolate and fine tannins
red fruit,floral and velvety finish Cotes du Rhone Famille Perrin 25
Cabernet Sauvignon,Louis Martini 2017 80 Rhone Valley, France
Napa Valley, California Ripe red berries and a hint of pepper.
Aged in French and American Oak more than Beautiful Tannins. Grenache and Syrah grapes.
thirty months. Delicate fruit flavors linger
on the palate;smooth&refined Barolo Coppo,2015 140
Cabemel Sauvignon,Free markAbbq20l6 85 Canelli,Italy
A well-balanced wine with cherries on the nose,
Napa Valley, California violet aromas and a smooth finish
Cherry and chocolate flavors with hint of cinnamon,
soft,full-bodied, rich and opulent Amarone,Righedi Capitel 70
Cabernet Sauvignon, Groth 2016 118 de I Roari delta Valpolicella 2016
Napa Valley, California Marano,Italy
Lush,full, rich aromas and flavors redolent Deep ruby color,full-bodied, dried fruit and
of ripe stone fruit and dark berries almonds with a hint of anise
RESERVF.REDS Masi Campoflorin gi 11 42
Veneto, Italy
Chateau Pavie 2004 490 Dark red, open mature nose, containing black fruits,
Saint-Emilion Grand Cru stone fruits and oak undercurrents
Bordeaux, France
Rich, deep,full-bodied and absolutely remarkable Chateau de beaucastel 2011 145
with a wonderful sweet kiss of blackberry, Rhone Valley, France
licorice,spice box and roasted herbs Full-bodied, with flavors ofcassis, raspberry,
and cherry. A polished finish.
Opus One,Mondavi Rothschild 2017 460 1
Napa Valley, California Brunello di Montalcino Castelgiocondo
A complex,stylish wine, wearing a cloak of earthy, Frescobaldi 2013—Montalcino,Italy 148
leathery tannins around flavors of mineral, currant, This intense,powerful Brunello exhibits the essence
earth and blackberry offlowers, tar,smoke, dark cherries, and wild herbs
Barolo Borgogno 1988 160 as it opens to reveal superb depth and concentration
Piemonte, Italy
Dark fruit layered with hints of tar and herbal spice. Costello di Bolgheri Superiore 2015 135
Smooth tannins and a long finish Tuscany,Italy
Packed with juicy black currant and a long spice-
Tapestry Reserve 125 filled finish. Cabernet,Merlot&Cabernet Franc
Beaulieu Vineyards,Napa Valley 2016
Four grape blend with cassis on the nose. Bold
and polished with smooth woody finish May 2R21
748
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Perrier Jouet, Grand Brut, Champagne 89 ChardonnayArdkhe,Louis Latour g19 28
Village Ardeche, France
Francois Montand, Brut, Champagne 32 Delicious bouquet of honey with aromas ofyellow
Prosecco, Famiglia Zonin gl 9 28 fruits and a lovely lasting freshness in the mouth
Rotari, Brut, Italy- Split 187 ml 10
iot Grigio,San Giorgio 19 25
Rose, JL Colombo, France gl 10 2 Delle Venezia, Italy
Rase, Whispering Angel, France gl 14 39 Dry and well-balanced with a characteristic nose
Reminiscent of acacia blossoms
HALF BOTTILS inot Grigio,Santa Margherila 50
Trentino-Alto Adige, Italy
Sauvignon Blanc,Kim Crawford 19 Clean, crisp fragrance, Fresh fruit set off by slight
New Zealand sweetness with a long,full finish of tangy flavors
Blended with Semillon, notes of Meyer lemon
and Kaffir lime, and crisp acidity Sauvignon Blanc,Henri Bourgeois 30
Loire Valley, France
Coles du Rhone,E. Guigal 19 Delicate nose with citrus aromas
Rhone Valley—France
Smoke accented cherry and dark berry aromas Gavi "La Rocca"COpo 39
Piemonte, Italy
Fruity,fresh and crisp with a gentle acidity
Sauvignon Blanc,Rodney Strong gl 9 30 Albarino,Abaia de San Campio 36
Charlotte's Home, Sonoma—California Rias Baixas, Spain
Flavors of apple,pear, lime, with lemon aromas Delicious wine with citrus and apple flavors;
goes well with shellfish and spicy cuisine
Sauvignon Blanc, Frenzy gl 12 42 1 10 40
Marlborough- New Zealand Riesling Carl ex g
Juicy,round texture with a mouthwatering Nahe, Germany
finish of melon and citrus Dry white wine showcasing pure green apple, citrus
and peach flavors with a bright refreshing acidity
iot Gris,Elk Cove 42 114 44
Willamette Valley—Oregon S cerre g
Aromas of ripe pear, honeydew melon Henri Bourgeois Les Boronnes
and hints of thyme and ginger Loire Valley, France
A classic Loire Valley Sauvignon Blanc with a
clean zippy finish. Hemingway's favorite white
Chardonnay, a ord Court 43
Russian River Valley Vouvray,Domaine Picot 36
Subtle aromas of honeysuckle, citrus,
green apple and baked pear Loire Valley, France
Notes of quince,persimmon and honeysuckle
are paired perfectly with refreshing acidity
Chardonnay,Sono -Cutrer gl 14 46 and a long lingering finish
Russian River Valley California
Intense aromas of ripe apple, dotted with Pouilly-Fuisse Louis Jaot 2019 59
cinnamon and clove. Fresh, alive and begging to
be enjoyed with a wide array offoods Maconnais, France
Elegant minerality with flowery undertones and
luscious hazelnut
Chardonnay,Ramey 2018 78
Russian River California Chablis Premier Cru 2018 99
Fruit, acid and oak are seamlessly combined
in David Ramey's expert hands Domaine Laroche "Les Vaudevey"
Burgundy, France
Soft and elegant, excellent with shellfish
May 2""
749
0
ti
S LUTEI LUNCH SPECIALS TUESDAY JUNE 20TH
GAZPACHO
cup 7 bowl $9
SCALLOP, LOBSTER IMP BISQUE --
cup 9 bowl $12
YELLOWTAIL S PPE
Lightly breaded local Snapper, served on mixed greens with Tropical Fruit Salsa,
tomato, cucumber, avocado, & citrus vinaigrette.
19.50
SALAD— TUNA
Fresh local Yellowfin Tuna seared rare with blackening and sliced thin, served on a bed of
Mixed greens with orange pinwheels, feta cheese, purple onion, & Sesame-Citrus Vinaigrette.
21
BLACKENEDAHI SANDWICH
Locally caught Mahi-Mahi fillet lightly blackened, served with lettuce, tomato & key lime tartar.
17.50
YELLOWTAIL SNAPPER SANDWICH —
Lightly breaded local Snapper fillet served with lettuce, tomato &tartar sauce.
$18.50
SHRIMP ICH
Freshly prepared Shrimp salad, served on garlic butter toasted baguette with lettuce & tomato.
16.50
GRILLED CHICKENSANDWICH
Served on a roll with lettuce, tomato, mayo, & side of potato salad.
16
FARM SAUSAGE SPECIAL
Fresh Italian Sausage from our Tennessee 3-Falls-Farm served on a Hoagie Roll
with Peppers, Onions and Mozzarella Cheese.
$18
AHI
Local Mahi-Mahi fillet, lightly seasoned and pan seared, served with sauteed Keys Pink Shrimp and
Mixed Vegetables, tossed in a Cajun Cream Sauce with Fettucine Pasta.
$19.50
- a,a,a. „��""--. ����.a,, ,� „�,a
T_
ti
............... LO
SALUTE! DINNER SPECIALS - TUESDAY JUNE 2 th
cup 7 bowl 9
SCALLOP, LOBSTER 1BISDQUE
cup 9 bowl 12
wYELLOWFIN
Fresh local Yellowfin Tuna seared rare with blackening and sliced thin,
served on a bed of mixed greens with orange pinwheels, feta cheese,
purple onion, & Sesame Citrus Vinaigrette.
23
SCALLOP SALAD
Seared Diver Scallops served with Mixed Greens tossed in our homemade
Citrus Vinaigrette, accompanied with Avocado and Tropical Fruit Salsa.
35
PASTA— SAUSAGE
Our Three-Falls-Farm Sausage, sauteed with house-made Marinara sauce
and tossed with Spaghetti Pasta.
18
MEAT LASAGNA
--
Classically prepared with Beef, Sausage and our house-made Marinara.
26
s
MAH
1 SPECIAL
Fresh local Mahi-Maki fillet, lightly seasoned and pan seared,
served with sauteed Scallops, Garlic, Shallots, Capers, Tomatoes and Asparagus,
tossed in a White Wine Butter Sauce with Spaghetti Pasta.
V 36
GROUPER SPECIAL—
Locally caught Black Grouper fillet pan roasted, served with a
Shrimp& Vegetable Coconut Rice and saut6 French Green Beans with Pineapple Garnish
Roasted Cashews Finished with a Roasted Red Pepper Shallot Cream.
$38
u
N
ti
ON THE BEACH
CHILDREN'S MENU
PICK THREE $4
CUCUMBERS, RED PEPPERS, TOMATOES, CELERY,
CARROTS, GRAPES
LETTUCE WITH RANCH OR ITALIAN DRESSING
ON THE SIDE $4
ALL BEEF HOT DOG WITH CHIPS AND A PICKLE $4
HAMBURGER WITH CHIPS AND A PICKLE $5
WITH CHEESE $6
PLAIN NOODLES WITH BUTTER $4
NOODLES WITH RED SAUCE $5
SPAGHETTI AND MEATBALL WITH RED SAUCE,
CHEESE ON THE SIDE $6
moMWm � l �y J" I
I ry�
CO)
L0
SALUTE
DONATIONS & LOCAL CHARITY
-Hometown C
- avillin—free use for nonprofit (Reef elif, Boys and girlsClub,
S el's House Polar Plunge)
-5K Support for ZONTA and Parrotheads
-Menendez Mit
-Rockin Roast— Food Labor
-Montessori Schools - Food
-VFW FishingTournament -
-Marc House— Food
-Gerald s Elementary -$
-S.O.S. Kitchen— Food and Labor
-Irreverent Warriors— Beach Event
-Swim ro Key West— Food/$/Beach Event
-Paddleboard Classic— Food/$/Beach Event
-Anchors Away Club— Food
-Women's Week— each Event
-T I
any Marathons &Triathlons— Beach Event
-Literary Seminar
-Bar Wars - (Boys & GirlsCl /Sister Season Fun
-Bocce Ball — Foo /
-Conch e li as Beach Cleanup— Bloody r '
TAB 4
Potential Revenue to the County
The entity proposes base rent in the amount of Seven Thousand
Five Hundred Dollars ($7,500.00) per month plus Two and One-half
Percent (2.51/o) of gross taxable sales, with a guaranteed combined
total minimum of Fifteen Thousand Dollars ($15,000.00) per
month. Stated differently, the percentage portion of the rent shall be
equal to a minimum of Seven Thousand Five Hundred Dollars
($7,500.00) per month, in addition to monthly base rent of Seven
Thousand Five Hundred Dollars ($7,500.00) per month.
755
TAB 5
Local Preference
The entity meets all of the criteria in Section 2-349 of the Monroe County
Code and is a conforming and a responsible proposer entitled to receive
local preference.
757
TAB 6
PROPOSAL FORM
PROPOSAL DOCUMENTS
l TO: MONROE COUNTYF COUNTY COMMISSIONERS
C/O I U 11 DEPARTMENT
GATO BUILDING ROOM 2-213
1100 Ilf UU ET
KEY WEST, IIFLORIDA 33040
The undersigned, having carefully examined the work, specifications, RFP documents, and
addenda thereto, and other Contract Documents for the services of:
FOOD AND BEVERAGE CONCESSION SERVICES AT HIGGS BEACi I
MONROE COUNTY,, IIF IU D
And having become familiar with all local conditions including labor affecting the cost thereof,
and having familiarized himself/herself with at rial availability,Federal, State, and Local laws,
ordinances, rules and regulations affecting performance of the work, does hereby propose to
furnish labor, mechanics, tools, material, equipment, transportation services, and all incidentals
necessary to perform and complete said work in a workman-like manner, in conformance with
specifications, and other contract documents including addenda issued thereto,
Company hriforunation and Signature Page
Company EI : 1 1
Company Name: a t' L-
Company Ownership:
Wars inBusiness:
Company Address:
Company Phone Number: Io - 2 111 Fax. — � " . �� 0,5
�'�Company web address: ��w> e )c.=t c�..Li y-.
Number of Employees; _.
Company E-mail: w� i
Management Person responsible for Direct Contact to County ty and Services required for this RFP:
Name: ..{ _
Title:
Phone Number: .�,� �'E,3� ., .
Ernai!AdIdr � � '`
..m ....
inatur of Authorized representative Date
Type or Print Officer's Name and`l'i.t.le;
.mm� ...�mm...
Page 23 of 65
760
cfl
ti
Bid Type of Concession:
Continuation of restaurant operation that entity has been operating at this location since 2008.
Bid Price for Concession space at Higgs Beach will be paid to Monroe County at the following
rate:
Monthly rent o $7,500.00 for retail concession s ace.
plus ..2..5% percentage of Gross Taxable Sales or a guaranteedmonthly fee of
9 whichever is greater, generated by Lessee's operations at retail or food concession
space.
acknowledge receipt of Addenda No.(s)
No........................... ate .................................................................................................................
om._. ._....w ate ................M..__. .._..
o. Dated....
o.........................Dated. ..................................................................................................
Page 24 of 65
N
tG
ti
Proposer,states by his/her check mark in the blank beside the forrn and by his/her signature that he/she has
provided the following forms:
a. Proposal Form with proposed sample list of items or services
with pricing to be offered for sale
. Non-Collusion Affidavit
C. Lobbying d Conflict of Interest Clause
d. Drug-Free Workplace Form
C. 's Insurance and Indemnification Statement
f. Insurance Agents Statement(signed agent)
g. Local Preference Form and requirements(if applicable)
h. Public Entity Crime Statement
[ n m tron e
ScrutinizedCompanies List
j• c e t (3) it referencesro n
..
k. Three(3)'jiiis o cia Statements in separate email
marked"CONFIDENTIAL"
In addition, Proposer states that he/she has included a current copy of all required professional and/or
License.Whak madi ite e aborvr,as a reminder that tbev are ha 4
Proposer/Company:
Mailing Add .........L',A).CZ A- -
.„ .P
Phone Number:
Emai l Address: C 1N �r ✓Vt�t c ......, �.
f
te: :" —L-)a
QCAA
(Name)
(Title)
Witness:
rint Name:
Page 25 of 65
NON-COLLUSION
AFFIDAVIT
dq
cfl
NON-COLLUSION AFFIDAVIT
ti
t t of the city o f 1
.. ... ..
according to law on my oath,and under penalty of perjury,depose and say that:
1. 1 k
oft e ' -Tt, -F,.,t C '
the bidder i the ro sl far t o project described'mthe Request for
Proposals for, f-oob A�A l `rvo4wr,�~- c #,u = .. a 0 NJ
,,,,,,,.......... .........
and that I executed the said proposal with full authority to do s :
2. The prices in this bid have been arrived at independently without collusion, consultation,
communication or agreement forte purpose of restricting competition,as to any matter relating to
such rices with any other bidder or with any competitor; and
3. Unless otherwise required y law, the prices which have been quotedin this bid have not been
knowingly disclosed byte bidder and will not knowingly be disclosed by the bidder prior to bid
opening, diectly or indirectly,to any other i der or to any competitor; and
. No attempt as been made or will be made by the bidder to induce any other person, partnership or
corporation to submit, or not to submit,a bidforte purpose of restricting competition;and
5. The st t men la* e i t is � fit r true correct, it knowledge
of said"project and h t Monr relies upon the truth of the statements contained in
t 1 1 Wit i 1 C r jeCt.
,
Signature of Respondent) ( ate)
STATE "%COUNTY
/
The foregoing instrument was swo o (or affirmed) and subscribed fore me by means o [a/physical
presence or [ ] online notarization this ay of ` .. 2 y
Signature of Notary Public-State of F1oida
-of Notar,
� My commission expires:q � .
PersonallyKnown OR Produced Identification
Type of Identification
Produced
GLORIA JOAN MILLER CAREY
Notary Public,State of Florida
Commission d HH 035069
SW a,,,�•" My Comm.Expires Aug23,2024
Banded through Nationat Notary Assn.
Page 26 of 65
LOBBYING AND
CONFLICT OF INTEREST
CLAUSE
to
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LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
1--L—C-
(Company)
warrants that he/it has not employed, retained or otherwise had act on his/its behalf any
former County officer oremployee in violation of Section 2 of Ordinance No. 010-1990 or any
County officer oremployee in violation of Section 3 of Ordinance No. 0 10-1990. For breach or
violation oft is provision the County may, in its discretion, terminate this Agreement without
liability and may also, in its discretion,deduct from the Agreement or purchase price,or otherwise
recover, the full amount of any fee, commission, percentage, gift, or con ideration paid to the
former County officer or employee".
(signature)
Date: 7- 3
11 L-231-11-..... ......
STATE OF
COUNTY OF
The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of
20 ,
physical presence or online notarization this ?-3 day of ..... ..........
Signature of Notary Public-State of
,.,koA. r GLORIA JOAN MILLER CAREY
lip
I Notary Puboc-State of Fdorlda
V" COmmiWon Hii 035069
�Y,,' My Comm.Expires Aug 23u 2024
Bonded through Nationa I Notary Assn, Name of Notary
My commission expires:
Personally Known L111 OR Produced Identification
Type of Identification
Produced
Page 27 of 65
DRUG FREE WORK
PLACE FORM
00
to
DRUG-FREE WORKPLACE FORM
e undersigned vendor in accordance with Florida Statute, Sec. 287.087, hereby certifies t:
.� ........., „F _ -
(Name of Business)
1, Publishes a statement notifying employeesthat the unlawfulmanufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be takenagainst employees for violations of such o itio .
2. s employees about the dangers of drug abuse in the workplace, the business's policy o
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3. Gives each employee engaged rovi icommodities or contractual services that are
under bid a copy oft e statement specified in subsection .
4. In the statement specified in subsection (1), notifies the employees , as a condition 0
working on the commodities or contractual services that are under bid,the employee will abide y
e terms of the statement and will notify the employer of any conviction lea of guiltyr
nolo contendere t , any violation of Chapter 893 (Florida Statutes) or of any controlled substance
law of the United States or any state, for a violation occurring in the workplace no later than five
(5) days after such conviction.
5. Imposes a sanction on, or require the satisfactory ii atio in a drug abuseassistance o
rehabilitation pro if such s available i teemployee's community, , any employee
is so convicted.
6. Makes a good faitheffort to continue to maintain a drug-free workplace through implementation
of is section.
s the person authorized t sin ie statement,I certify that this firm complies ful' with the above
regiments
3
Contractor/Respondent's ignature Date
STATE OF � ...
COUNTY OF
The foregoing instrument was sworn to (or affirmed) and subscribed before me by means o {
�r�,.������ �' ��. �; ay of
'"
yys! presence or [ online notarization� YS "
Signature of Notary Public State of Florida
hoCommission Y _0350 p
iiJtt°uti GLORIA JOAN 1NIl.aER CAREY
ry Pubdc State of riorida
64 k5 P � C r.. �O�c'r a
'... �..: My Comm.Expires Aq 23.202 , m,
Bonded through Nationa9 Notary Assn. Name of Notary
. My commission expires._ , C
Personally Known. .._ Produced I e ti icati
Type of Identification
Produced
Page 28 of 65
LOCAL PREFERENCE
FORM
0
LOCAL PREFERENCE FORM
ti
A. Vendors claiming a local preference according to Ordinance 023-2009, as arnen a by Ordinance No.
0 4-2015 and 025-2015, must complete this form.
�,
Name oBidder/Responder 1 TIL-A-0 a 80" ate: 2,.
._.,_.. .... m
1. Does the vendor have a valid receipt for the business tax paid to th Monroe County Tax Collector dated
at least one (1)year prior to the notice of request for proposals? mm.w� ....., ,...,.0(Please furnish copy.)
2. Does the vendor have a physical business address located within Monroe County from is the vendor
operates or performs business on a ay® a y basis that is a substantialcomponent o the goods or services
being offered to Monroe County? �.........mm mm "mm
(The physical business address us be registered as its principal place of business with the Florida
Department of State for at least one year prior to the notice of request for proposals.)
ListAddress: T t ,.M ,,,., . .. ...,,�„r.�..._
Telephone Number
B. s vendor/prime
s intend
subcontract andgsods, es or
construction to localbusi essemeetin the criteria aboveasto licensing location?
If yes, please provide: We ,, %uB f 5 4 64
e- r�
we
0
1. Copy of Receipt of the business tax paido the Monroe County Tax Collector by the subcontractor
dated at least one(l)year prior tote notice or request for proposals.
. Subcontractor's physical business address within Monroe County o which the subcontractor operates:
(The physical business address must be registered as its principal place of business with the Florida
Department of State for at least one(l) year prior tote notice of request for bids or proposals)
Tel.Number
'. 1 d r p
t f rn a c..4 �# + ....1..,,,,.
ignature and Title of Authorized Signatory for
Bidder/Responder
STATE OF
COUNTY '
The foregoing instrument was sworn to (or affirmed) and subscribed before me by means o [v "'physical
presence or anl` a notarization this .... day of ., r 01 w, y
Signature of Notary Public-State of to d
EM
Ar�hkBt DER CAREY � a
bc•Stag ar FsOddaion 0 HH 035069 � WrA � at����atioraaBta3 2Q2a �� .,.�... .. �,.R 9 ry Assn. l�da e of ax area Aar 2
My commission e�cprres,
Personally Known OR ProducedI entifictiorn ,
"Type of Identification
Produced --
Page 36 of 65
PUBLIC ENTITY CRIME
STATEMENT
C14
ti
ti
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to public entity,
may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR
under a contract with any public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY
TWO fora period of thirty-six (36) months from the date of being placed on the convicted vendor
list."
I have read the above and state that neither i eA4 P,P, A-Tc
V,rc?-41
(Contractor/Respondent's name) nor any Affiliate has been placed on the convicted vendor list
within the last thirty-six (36)months.
U'..A ..........
(Signature)
Date:
STATE OF
COLINTY OF ............................. ..........
The foregoing instrument was swom to (or affirmed) and subscribed before me by means of[4
physical presence or online notarization this . ,,V day of
by kA
11 1 11,11jj1j
X11, CLORIA JOAN IL lea CAREY Signature of Notary Public-State o onda
M
motary?gab is 5069
.State o3f F�orioa
HH 0
>Z ..........
My Comm.Expues Auq 2L 20 4 . ......
rotary Assn. Name of Notary
Bonded through H60011i
My commission expires:
Personally Known ................................... OR Produced Identification ................
Type of Identification
Produced
...............
Page 37 of 65
VENDOR CERTIFICATION
REGARDING
SCRUTINIZED
COMPANIES LIST
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description(s): Aa,-00 '�............. ..... .......... . ......
Respondent Vendor Name: ..........
Vendor FEIN: .......
Vendor's Authorized Representative Name and Title. .............
Address: /670C)
City: State: Zip:-32(W
........................................................................................... ....................................
Phone Number w&5---?96 ,Wa EmailAddress:
...........
Section 287.135, Florida Statutes prohibits a company from bidding on,submitting a proposal for,or entering into or
renewing a contract for goods or services of any amount if,at the time of contracting or renewal,the company is on
the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is
engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on,
submitting a proposal for,or entering into or renewing a contract for goods or services of$1,000,000 or more,that are
on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the
Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in
business operations in Cuba or Syria.
As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the
Section entitled"Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or
engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies
with Activities in Sudan List,the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or
engaged in business operations in Cuba or Syria.
I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject
company to civil penalties,attorney's fees,and/or costs. I further understand that any contract with the County may
be terminated,at the option of the County, if the company is found to have submitted a false certification or has been
placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria.
Certified By: 6
who is authorized to sign on
behalf of the above refgg pany.
Authorized Signature:
.. .......... ..... —----.............
Print Name:
- .-U141,- 44- .49 . ............ .............. .....................
Title:
............
Note: The List are available at the following Department of Management Services Site:
http:/4ww.dms mvftqri!;lg,!;_q ftsi ess operations/state purchasingivendor infbrmatiQ;LcQuyiqed suspeuded-dis
qrJ m i gat !y complaints vendor lists
Page 38 of 65
774
PROPOSER'S INSURANCE
AND IDEMNIFICATION
STATEMENT
� r
Burns & Wilcox
Florida Surplus Lines Cover Page
Insured's Name: Salute Restaurant
Policy Number: 0SU100615600
UMR #:
(Lloyd's Policies Only)
Policy Dates:
From: 01/13/2023 TO: 01/13/2024
Surplus Lines Agent's Name: Christopher Si ego
Surplus Lines Agent's Address:
400 Colonial Center Parkway Suite 126, Lake Mary, FL 32746
Surplus Lines Agent's License: E169916
Producing Agent's Name (name of individual not company):
Dean Wahlstrom
Producing Agent's Physical Address:
13361 Overseas Hwy;, Marathon, FL 33050
"THIS INSURANCE IS ISSUED PURSUANT TO THE FLORIDAL LINES LAW.
PERSONS INSURED SURPLUS LINES I T HAVE THE PROTECTION
OF THE FLORIDAINSURANCE T TO THE EXTENT OF ANY RIGHT OF
RECOVERY FOR THE OBLIGATIONINSOLVENT UNLICENSED INSURER"
"SURPLUSLINES I LI Y RATES AND FORMS ARE NOT
APPROVED BY ANY FLORIDA REGL ."
Policy Premium: $37,362,00 Policy Fee: $275,00
Inspection Fee: $350.00 Service Fee: $2279
Tax: $1,876.56 Citizen's Assessment:
EMPA Surcharge: FHCF Assessment:
Surplus Lines Agent's Countersignature:
"THIS ICY CONTAINS A SEPARATE DEDUCTIBLE
HURRICANEI LOSSES, I IN HIGH - -
YOU99
"THIS I INS A CO-PAY PROVISIONI
IGH OUT-OF-POCKET EXPENSES TO YOU 99
Sur lus Lines Filing Agent information: Samuel Carson III
P 9 9
Surplus Lines License # W548885
776
ti
ti
ti
"URA"'
Commercial General Liability
Trisura Specialty Insurance Company
(An Oklahoma Stock Company hereinaftex the"Im
Policy Number. Agent Name and Address- New or Renewal:-
OSU1006156-00 Origin Specialty Underwriters Agency, New
LLC
1701 Golf Road, Suite 3-1007
Rolling Meadows, IL 60008
Its 1. Named Ing ured: 1000 Atlantic Blvd., LLC DBA Sainte Restaurant
Address. 729 Thomas Street FLAT CA�,,11'C1[:'-'] LATIOT',,1
Key West,FL 33040
The Named Insured is: LLC
Business of the Insuied is Restaurants<290vo Liquor without Entertainment
Its I Policy Period 1/13/2023 To 1/13/2024
1101AN,standard tune at the address of the Named Insured as stated her
Item 3® In return for the payment of the premium, and subject to all the terms of this policy,
we agree with you to provide the insurance as stated in this ®e
11MITS OF INSURANCE
Each Occurrence $1,000,000
General Aggregate Limit (Other'rhan Rod x:ts-'Comp'ktn d()prirnauon�) $2,000,000
Pro ducis-Co nipfeted Operations Aggregate Lmut $2,000,000
Pers® Injury And Advertising Injury $1,000,000
Dan-ages To Preniises Rented To You Limit(Any One'R.en-use,s� $100,000
mc&cal Payments Excluded
Liquor Liability Sach Common Cause $1,000,000
Liquor Liability Afpegate $2,000,000
FILred Auto&Non-Owned Liability $1,000,000
MEE
GL 10011218
co
I-
I-
Commercial General Liability In TRBIMA"
...............wxmoummmow
This policy may be subject to surplus fines taxes, stamping fees, surcharges,and
certain surplus lines reporting requirements rriandated by state regdation, The
Surplus Lnes Broker is responsible for the disclosure of all related taxes, surcharges,
and fm. The Surplus lines Broker is also responsible for the applicable surplus
lincn reporting requirements including but not limited to the subrrission of diligent
search forms,
Item 4. PREMIUM
General Liability $25,457
UquorlLiability $11,480
Optional Coverages $425
Terrorism $0
Inspection/Senice Fee $350
This policy is issued by a surplus lines insurer. In the event of insolvency of the insurer, this
insurance is not Covered by the Guaranty Fund or Guarantee Association.
In consideraticin of the payment of premi'urn and in reliance upon statements made in the
applicah on,this policy including all endorsements-issued herewith shall constitute the contract
between Company and the Named Insured. This policy is valid only if signed below by a duly
authorized representative of the company.
This policy,including At endorsements issued herewith,is hereby countmigned by-
1",13/2023
Date Authorized Representative
Nfichael Beasley Paul Kopecky
President and CEO Corporate Secre"
_.2
GL 10011218
ti
Commercial General Liability TRISURA
Foti
r attachment To Policy No: OSU1006156-00
The Additional Declarations and Schedule Below Are an Extension of Those Issued in Connection with Commercial
General Liability Insuranv,r',e Coverage Pgut
LOCATION OF PREMISES SCHEDULE
Location of All Premises You Own, Rent or Occupy-
Loc.
No. Strect Csi St 71
1 V000 Atlantic Blvd 33040
PREMIUM SCHEDULE
Loc. Description of Premium Rate
No. Hazards Code No. Basis Lire rnises/Ops Products/
R.r/,staurants- 16910 sales 4.8740 0,3320 4,890,000
alcohol less than
30�ci of receipts-
with table service Total Advance Prernium $25,457
LOC-SCHED 12-18
00C)
Commercial Liquor Liability TRISURA
For attachment To Policy No: OSU1006t56-00
The Additional Declaration and Schedule Below are an Extension ofThose Issued in
Connection with Commercial Liquor Liability Insurance Coverage Part
LOCATION OF PREMISES SCHEDULE
Location of All Premises You Own,Rent or Occupy:
Loc.
No. Street Uty St Zip
1000 Atlantic Blvd Key West FL 33040
PREMIUM SCHEDULE
Loc. Description of Code.No. Premium Basis to Exposure
No Hazards
I Liquor Liability 58171 sales 7.917 1,450.000
- Restaurants
25%-50%
Liquor with
Entertainment
Total Advance Premium $11,480
LL-LOC-SC14ED '12-18
V_
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Indemnification, Hold Harmless and Defense
MONROE COUNTY 1100 SIMONTON.,,STREET KEY WEST I FL 33040 SFL4LL BE
NAMED CERTIFICATE HOLDER AND AS AN ADDITIONAL INSURED ON ALL
POLICIES EXCEPT WORKER'S COMPENSATION
Notwithstanding any minimum insurance requirements prescribed elsewhere in this Lease, Lessee
shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers
and employees harmless 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 (including attorney's fees)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 to of this
Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other
wrongful act or omission of Lessee or any of its employees,agents,sub-Lessee's or other invitees,
or(C) Lessee's default in respect of any of the obligations that it undertakes under the terms oft i
Agreement, except tothe 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 to of this Lease,this section will survive the expiration of the to of this Lease
or any earlier termination oft i ease.
In the event that the to oft is lease is delayed or suspended as a result of the Lessee's failure to
purchase or maintain the required insurance, the Lessee all indemnify the County from any and
all increased expenses resulting from such delay.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this LEASE.
EKS STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all of the requirements herein. I fully accept the indemnification and hold harmless and duty
to defend as set out in this proposal.
A-r
...........c ...........
PROPOSER Signature
Page 34 of 65
INSURANCE AGENT'S
STATEMENT
m
00
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INSURANCE AGEN"'I" i_ 14T
I have ireviewied tkiwabove requiTerrients with the proposer named atxwe,. The following
deducfibl s apply to the comespcmding FmAicy.
POLICY DEDLJCT'I.BI...,ES
General 11 1,,abillit U'1006'111:5600
.........................................
1,iability policiles are X 0ccaIrrenice .......... C."I'laims made
Insurance Office of America 0
Insurance Agency
:P�a,g ,35 of 6.1
RESPONDENT 'S
LICENSES
LO
00
ti
CITY OF KEY WEST, FLORIDA
Business Tax Receipt
This Document is a business tax receipt
Holder must meet all City zoning and use provisions.
P.O. Box 1409, Key West, Florida 33040 (305) 809-3955
Business Name SALUTE
Location Addr 1000 ATLANTIC BLVD
Lie NBR/Class 23149 FOOD SERVICE
Issued Date 8/30/2022 Expiration Date: September 30, 2023
RESTAURANT WITH 120 OR MORE SEATS
Comments: AUTHORIZED FOR 150 SEATS
Restrictions: DBPR#SEA5401247 (10/1/22)
SALUTE This document must be prominently displayed.
729 THOMAS ST
KEY WEST, FL 33040 1000 ATLANTIC BOULEVARD LL(
to
00
MONROE COUNTY BUSINESS TAX RECEIPT
EXPIRES SEPTEMBER
r
2023
RECEIPT# 29140-9219
Business Name: SALUTE/1000 ATLANTIC BLVD LLC
Owner Name: RICHARD HATCH Business Location: 1000 AT TIC L 33040
Mailing Address: KEY EST, FL 33
1000 ATLANTIC BLVD Business Phone: 305-292-1117
KEY WEST, FL 33040 Business Type: CAFE RESTAURANT(RESTAURANTS)
Seats 150
STATE LICENSE: S A540124r7
Tax Amount Transfer Fee Sub Total Penalty Prior Years Collection Cost 'Total Paid
120.00 0.00 1. - - . 0.00 0,00 0.00 120.00
i 1 - 1 - 0671 /23/202 2 120.00
THIS BECOMES A TAX RECEIPT Sam C. Steele, CFC, Tax CollectorTHIS IS ONLY A TAX.
WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL
COUNTY AND/OR
MUNICIPALITY
PLANNING, ZONING AN
LICENSING
REQUIREMENTS.
MONROE COUNTY BUSINESS TAX RECEIPT
OX 1129, Key West, FL 33 1-112
EXPIRES T , 2023
Business Name: SALUTE/1000 ATLANTIC BLVD LLC ECEIPT# 2 0-9215
1000 ATLANTIC BLVD
Business Location. KEY WEST, FL 33040
Owner Name: RICHARD HATCH
Mailing Address: Business hone: 05-29 -1 17
1000 ATLANTIC BLVD Business Type. CAFE RESTAURANT(RESTAURANTS)
KEY WEST, FL 33040
Seats 10
STATE LICENSE, S AS401247
Tax Amount Transfer Ferri Sub-Total Penaity Pricer Years Collection Cost Total Paid
120.00 0.00 120,00 0.00 0.00 0.00 120.00
Paid 1 - 1- 71 08/23/