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HomeMy WebLinkAboutItem C26 C26 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting March 25, 2025 Agenda Item Number: C26 2023-3666 BULK ITEM: Yes DEPARTMENT: Parks and Beaches TIME APPROXIMATE: STAFF CONTACT: Tammy Acevedo N/A AGENDA ITEM WORDING: Approval to award bid and enter into a Lease Agreement for a period of two (2)years, renewable, at the County's discretion, for up to three (3) additional two (2)year terms for the Mobile Beachfront Concession Services at Higgs Beach with Salute Watersports, LLC, to commence on April 1, 2025. ITEM BACKGROUND: On February 7, 2025 a Request for Proposal(RFP) for a Mobile Beachfront Concession Service at Higgs Beach was advertised on Bonfire with an opening date of March 13, 2025. A Selection Committee composed of three people met via a Webinar on March 17, 2025 at 8:30 a.m. It is the recommendation of the Selection Committee to enter into a Lease Agreement with Salute Watersports, 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. Salute Watersports, LLC,proposes to pay Monthly rent, not to be less than $700.00 a month plus a percentage of Gross Taxable Sales, not to be less than 7.5%, and/or guaranteed monthly minimum, not to be less than $2,000.00. This initial Lease Agreement is for a period of two (2) years, renewable, at the County's discretion, for up to three (3) additional two (2)year terms for the Mobile Beachfront Concession Services at Higgs Beach with Salute Watersports, LLC,. PREVIOUS RELEVANT BOCC ACTION: On May 15, 2024, the BOCC granted approval to advertise a RFP for the Mobile Beachfront Concession at Higgs Beach. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: Approve GPJ 3/18 - Risk approval subject to contractor submission of waiver request for WC insurance 1536 requirement with DBPR certification before contract signing. Follow up with Parks 3/26 STAFF RECOMMENDATION: Approval DOCUMENTATION: Agreement SALUTE WATERSPORTS LLC Mobile Beachfront Concessions.pdf RFP Mobile Beachfront Concessions Final JA 2.3.25.pdf Salute Watersports Response to RFP Concession FINAL.pdf RFP Mobile Beachfront Concesstions at Higgs Minutes.pdf Final Ranking Sheet MOBILE BEACHFRONT CONCESSIONS AT HIGGS BEACH CC.pdf 2024 08 COI GL AL exp 8.2.25 signed.pdf FINANCIAL IMPACT: Effective Date: 04/01/25 Expiration Date: 04/01/27 Total Dollar Value of Contract: Monthly rent, not to be less than $700.00 a month plus a percentage of Gross Taxable Sales, not to be less than 7.5%, and/or guaranteed monthly minimum, not to be less than $2,000.00. Total Cost to County: N/A Current Year Portion: N/A 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: Monthly rent, not to be less than $623.00 a month plus a percentage of Gross Taxable Sales, not to be less than 7.5%, and/or guaranteed monthly minimum, not to be less than $2,000.00 Grant: N/A County Match: N/A Insurance Required: Yes Additional Details: 1537 AGREEMENT CONCESSION AGREEMENT FOR A MOBILE BEACHFRONT CONCESSION AT HIGGS BEACH, MONROE COUNTY, FLORIDA THIS CONCESSION AGREEMENT ("Agreement") is made and entered into this 251h day of March, 2025, 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 SALUTE WATERSPORTS, LLC ("CONCESSIONAIRE"/"LESSEE"), a Florida limited liability company, whose address is 1000 Atlantic Blvd., Key West, Florida 33040. WHEREAS, County is the owner of the Clarence S. Higgs Memorial Beach Park,hereafter "Higgs Beach", that has space(s) available for mobile concession; and WHEREAS, County advertised via the competitive solicitation process a Request for Proposals ("RFP") for a Mobile Beachfront Concession at Higgs Beach, through which Concessionaire was awarded this Agreement; and WHEREAS, County desires to grant to Concessionaire the right to operate a non-exclusive Mobile Beachfront concession at Higgs Beach at Key West, Florida, and WHEREAS, the Concessionaire desires to enter into this Agreement and represents to the County that it is qualified to operate a concession and has the financial resources to undertake such an operation; NOW, THEREFORE, IN CONSIDERATION of the premises and of mutual covenants and promises hereinafter contained, the parties do hereby agree as follows: 1. Premises. The County hereby agrees to provide to Concessionaire the area identified and shown on Exhibit"A", hereafter the "Premises", for use as a Concession. Exhibit "A" is attached to this agreement and incorporated by reference. The mobile Beachfront Concession shall be located at least fifty (50) feet away from other concessions located at Higgs Beach. 2. Agreement Documents. The documents, of which this agreement is a part, 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 and required licenses. In the event of a discrepancy between the documents,precedence shall be determined by the order of the documents as just listed. 3. Scope of Work and Regulations. The Concessionaire is hereby authorized to conduct and does hereby agree to operate the business and provide the services described in Exhibit B in this Agreement,that are subject to all the terms, conditions and provisions of this Agreement. Additionally, Concessionaire shall: Page 1 of 31 1538 a) Include a list of all products, services and pricing proposed to be available for sale or rent at the concession. The Concessionaire will not sell or rent any type of merchandise or equipment prohibited by the County and will sell or rent only the type of merchandise or equipment approved by the County. The rental or selling of fishing equipment is not permitted, and the rental of motorized vessels is prohibited. b) The Concession will rent beach equipment to include but not limited to beach chairs, lounge chairs, and umbrellas, approved leisure and/or recreational beach activities. Optional sale of beverages including water, non-alcoholic drinks and other appropriate island themed merchandise. County reserves the right to award a non-exclusive concession agreement to one (1) or more Respondents. c) The Concessionaire shall provide all items, and/or equipment, and/or services needed for the operation of the concession. The operation must be open for service every single day from 10:00 A.M. till sunset, as a maximum, with closing for Thanksgiving Day and Christmas day optional. Closures may also be allowed due to inclement weather, unforeseen circumstances, or events with written approval from the County Administrator or designee. The hours and days may be revised with written approval from the County Administrator or designee. For purposes of setting up the concession in the morning and closing the concession in the evening, Concessionaire may arrive one half hour prior to, and depart no later than one half hour after,the hours of operation. No utility services will be provided by the County; the Concessionaire's operation shall be self-contained and include removal of all debris and trash from the concession on a daily basis. However, if available, Concessionaire can arrange for utility service at Concessionaire's sole cost and expense with written permission from the County. In this instance, Concessionaire shall be liable for any and all costs of establishing and maintaining the service, including permitting, as well as securing the service after Concessionaire's hours of operation. Provide a self-contained, portable unit from which to operate the concession. A photo or rendering of said unit shall be provided with submission. The concession must be roadworthy for evacuation from the park and, if necessary, properly registered and licensed for over the road use. All items are required to be removed from the premises before the onset of a named storm or at the direction of the Monroe County Emergency Operations Management Director or County Administrator or designee. d) The Concessionaire agrees to furnish good, prompt and efficient service and/or merchandise to meet all demands for concession service at Higgs Beach. Concessionaire 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 Concessionaire must provide an adequate number of covered metal or commercial outdoor plastic waste containers at its operation. Concessionaire shall provide separate containers for waste and for recyclables. Concessionaire must deposit all trash, waste, and recyclables in those containers for proper disposition of the waste and recyclables at the place designated by the County. When the Concessionaire uses disposable serving supplies, they will be produced from recyclable or biodegradable materials. The Concessionaire should give preference to using non-disposable serving supplies. Page 2 of 31 1539 e) No signs, advertising, or awnings may be erected by the Concessionaire, unless they are approved by the County Administrator or Designee County Administrator or Designee in writing. The concession stand will not have commercial lighting of any type, including signage. f) Any use,manufacture,display or other employment of any facsimile or reproduction of the county seal by anyone other than a county official or employee in the course of performing their official duties without express approval by the board of county commissioners,is prohibited. Unauthorized use of the county seal is a second-degree misdemeanor as provided for by F.S. § 165.043. In addition, the county attorney is authorized to pursue civil and equitable remedies including, but not limited to injunctive relief, against any person or entity who uses the seal without proper authorization. If the county prevails in such an action, the court shall award to the county all attorney's fees and costs incurred by the county. g) Smoking shall be prohibited by all concessionaire employees in accordance with Chapter 18, Code of Ordinances. All concessionaire employees and customers must follow the rules set forth in Chapter 18, Code of Ordinances. h) If the Concessionaire chooses to install a security alarm system, it will be of the non- audible type, and approved in writing by the County Administrator or designee. i) 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 Concessionaire must also coordinate and cooperate with State or Federal agencies and sea turtle conservation groups during turtle nesting season, which is usually April 15 through October 31 of every year, and when Save-a-Turtle representatives and/or Certified Turtle Inspectors, are walking the beaches. It is important that the Concessionaire understand these environmental regulations. The Concessionaire will abide by all local, state, and federal regulations and statutes governing the protection of natural and cultural resources. The Concessionaire is liable for violation of these regulations or statutes. j) The Concessionaire is responsible for the sole costs and expenses and any maintenance of the Concessionaire's operation, including any utilities required for its operation and the equipment used by Concessionaire and/or offered for rental. All accessories and equipment applicable to Concessionaire's concession operation (tables, canopies, chairs, etc.) shall be clean and in good working condition at all times. All rental equipment shall meet strict safety standards, and equipment which is broken, or a potential safety risk, shall be removed immediately. The Concessionaire will be responsible for insuring equipment is safe and meets all regulated safety requirements. The Parks and Beaches Director or Assignee reserves the right to remove equipment from the beach at any time if it does not meet minimum service or appearance standards. k) Concessionaire shall agree to pay the County as reflected in Paragraph 5: (i) a monthly rent, not to be less than $700.00 a month,plus; (ii)apercentage of Gross Taxable Sales,not to be less than 7.5%,and/or guaranteed monthly minimum, not to be less than $2,000.00. Page 3 of 31 1540 The percentage of Gross Taxable Sales/guaranteed minimum monthly payments is 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 25th 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 31 st. In the event of a deflationary CPI- U, no adjustment in this Agreement amount will be made. 1) Concessionaire's site location for Respondent's mobile retail concession operation that is at least fifty (50)feet away from other concessions located at Higgs Beach as depicted on Exhibit "A" attached hereto. Concessionaire's items and equipment must be removed from its location at the end of each day or secured in a location within Concessionaire 's concession space in such a manner as to not interfere with daily beach cleaning operations. Concessionaire 's location at Higgs Beach will be subject to County approval and may be relocated at any time at the County's sole discretion for any reason. m) Insurance. Before entering the Premises, the Concessionaire must obtain insurance in the amounts and according to the conditions described as follows: The Lessee will be responsible for all necessary insurance coverage which includes, at minimum the amounts in Exhibit C to this Agreement. n) Certificates of Insurance must be provided to Monroe County within fifteen (15) days after award of proposal,with Monroe County BOCC listed as an additional insured on all policies, except Workers Compensation. If the proper insurance forms are not received within the fifteen(15) days,the proposal may be awarded to the next selected respondent. All forms of insurance required above shall be from insurers acceptable to the County. Concessionaire cannot begin operating until Certificates of Insurance have been received by the County. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Lease. Renewals of Certificates of Insurance and/or new Certificates of Insurance must be provided by Concessionaire no less than seven (7) days prior to expiration of the Certificates of Insurance. o) 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. p) The Concessionaire 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 Concessionaire 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 Page 4 of 31 1541 the Facilities Contract Manager, as appropriate, whenever acquired, amended, and annually during the term of this Lease. q) The insurance required of the Concessionaire 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 Concessionaire. 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 Concessionaire if the Concessionaire 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. r) Notwithstanding anything set forth in this agreement, the County may treat the Concessionaire in default if the Concessionaire, after entering the premises but before beginning its operation, does not have the insurance required by this agreement. Before the County may terminate the agreement in this situation, the County may give the Concessionaire a written notice of the default stating that, if the required insurance is not obtained within forty-eight (48) hours of the Concessionaire's receipt of notice, then the County will cancel this agreement. The County may treat the Concessionaire in default and cancel this agreement if the Concessionaire, after starting the operation, fails to keep in full force and effect the insurance required by this agreement, in which case, County need only provide the Concessionaire 24-hour notice by E-Mail or overnight courier. The County may,but need not,provide Concessionaire with an opportunity to cure the default. s) 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 County herein reserves the right to grant similar privileges to another Contractor/Concessionaire or other Contractors/Concessionaires. t) At the end of this agreement(or termination or end of any subsequent renewal), or if this Agreement is otherwise terminated, the Concessionaire's right to the Premises, the use of Higgs Beach, and any other right or privilege granted under this agreement ceases. All equipment, improvements, furnishings, and other property of the Concessionaire at the Premises are personal to the Concessionaire and remain the property of the Concessionaire and must be removed by the Concessionaire on or before the end or termination of this Agreement (or end of any subsequent renewal). Any items remaining after the date of termination (or end of any subsequent renewal) will become property of the County and the County may dispose of accordingly. The Concessionaire must also restore the Premise to its original condition, ordinary wear and tear and damage by causes beyond the control of the Concessionaire, excepted. At the end of this agreement(or any renewal), or if this Page 5 of 31 1542 Agreement is otherwise terminated, Concessionaire will voluntarily and peacefully yield to County the Premises and shall automatically revert to County. 4. Term. This Agreement shall commence on the 1st day of April, 2025, and will terminate on the 31 st day of March, 2027, unless terminated earlier under another paragraph of this agreement. This Agreement is renewable for up to three (3) additional two (2) year terms, at the County's sole discretion, contingent upon written approval of the Monroe County Board of County Commissioners (BOCC), after written request by the Concessionaire, provided at least sixty (60) days prior to termination of the Agreement or any subsequent renewal thereof. 5. Rental and Fees. (a) 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 $700.00 Dollars per month and payable in advance to Monroe County BOCC 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 Concessionaire pursuant to the provisions of this Agreement. Rental Amount To: Monthly Rent: $ 700.00 Monthly Applicable Use tax: $_24.50 TOTAL Rent: $ 724.50 "Current rate as of 01/01/2025: 3.5% (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, Concessionaire agrees to pay County 7.5_% of the monthly gross taxable generated by Concessionaire's operation of the mobile beachfront concession space as shown on Exhibit"A", or a guaranteed combined total minimum of $_2000.00_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 Concessionaire to the County 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 Concessionaire's Gross receipts from the Premises during the previous month. The Statement must be in affidavit form. Concessionaire shall remit monthly on an arrear's basis the greater amount of either 7.5 % of gross taxable sales or the monthly guaranteed minimum of $2000.00. 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 Concessionaire must provide the County with the sales tax records for each month or quarter depending on Concessionaire's Page 6 of 31 1543 filing requirements and remit the difference. Concessionaire is subject to a fifty-dollar ($50.00) late submission penalty should Concessionaire not furnish to County 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, goods, and rentals, at or derived from the use of the Premises by Concessionaire or any sub-Concessionaire or subcontractor, licensee, etc. Concessionaire 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. Percentage of Gross Taxable Sales or Total Minimum To Monroe County BOCC 7.5% due the 251h of the following month Or guaranteed total minimum due the 251h of the following month $ 2000.00 (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 Concession Agreement 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., Ste. 209, Key Largo, FL 33037. (d) Concessionaire must open the operation for business within thirty (30) days of the effective date of this Agreement. (e) The Concessionaire must pay all assessments, taxes, including sales taxes (including but not limited to, commercial sales tax and sales tax on commercial rent), levied by any governmental body with the power to impose assessments or taxes. The Concessionaire must provide the County with the sales tax records for each month or quarter depending on Concessionaire's filing requirements. (f) The amounts due under sections 5(a), 5(b), and 5(e) 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. (g) The Concessionaire must provide all items and equipment needed for the operation, including but not limited to, self-contained, portable unit from which to operate the concession, mobile beach chairs, lounge chairs, umbrellas, approved leisure and/or recreational beach activities, and necessary equipment for operations. Concessionaire's items and equipment may be secured in a location within Concessionaire's concession space, as agreed upon with the County, in such a manner as to not interfere with any daily beach cleaning operations and/or County's operations. All property of any kind that may be on the premises during the term of this Agreement shall be at the sole risk of the Concessionaire. The County shall not be liable to the Concessionaire or any other person for any injury, loss or damage to property or person on or Page 7 of 31 1544 around the premises and/or as a result of Concessionaire's operations. The Concessionaire is responsible for the sole costs and expenses of the Concessionaire's operations, including any utilities required for its operation and the equipment used by Concessionaire and/or offered for rental. All accessories and equipment applicable to Concessionaire'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 apotential safety risk,shall be removed immediately. The Concessionaire will be responsible for ensuring equipment is safe and meets all regulated safety requirements. Concessionaire shall be responsible for and shall properly maintain the premises, and upon the termination of this Agreement, shall leave the premises in at least as good condition as at the time of the commencement of this Agreement, normal use and occupancy excepted. 6. Force Maieure. Any delay or failure of either Parry to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Parry's control,without such Parry's fault or negligence and that by its nature could not have been foreseen by such Parry or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Premises; (d) government order or law in the geographic area of the Premises; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Premises;(each, a "Force Majeure Event"). Concessionaire's financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Concessionaire under this Section. The County will not pay additional cost as a result of the Force Majeure Event. Accordingly, the parties further agree that: (a) Upon the occurrence of a Force Majeure Event, the non-performing parry 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 parry 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 parry shall notify the other parry of the occurrence of such event and describe in reasonable detail the effect(s) of such event upon the parry's performance of its obligations and duties pursuant to this Agreement. Such notice shall be delivered or otherwise communicated to the other parry within two(2)business days following the failure or delay caused by the Force Maj eure Event, or as soon as possible after such failure or delay if the Force Majeure Event precludes the non-performing parry from providing notice within such time period. 7. Personnel. (a) Concessionaire's employees must consent to Level 1 background checks to be conducted by the Respondent and the results are to be provided to the County. The County reserves the right to refuse personnel based on results of the background check. The County reserves the right to demand the Concessionaire replace an employee for the Concessionaire if a conflict or problem with that employee should arise. The County's Parks and Beaches Director or his assignee shall have the right to require any employee(s) of the Concessionaire to be permanently removed from the Higgs Beach premises whenever it appears to be in the best interest of the County. It is Page 8 of 31 1545 the responsibility of the Concessionaire to inform the Parks and Beaches Director or his assignee of all new hires and the results of the background check. (b) The Concessionaire 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. (c) Communication between the County Representative and the concession personnel is very important. Therefore, the Concessionaire must assure that at least one (1) concession personnel can communicate well with the County Representative. Any employee hired by the Concessionaire will be the Concessionaire's employee and in no way have any association with the County. The Concessionaire 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. (d) Uniforms are preferred for concession personnel; however, photo identification cards are required,which shall clearly identify personnel as employees of the Concessionaire. This requirement shall apply upon entering County property and at all times while on duty. (e) Concessionaire/Respondent further agrees to notify the County immediately upon becoming aware that one of its employees, who previously completed the background check, is subsequently arrested or convicted of any crime. Failure by Concessionaire/Respondent to notify County of such arrest or conviction within forty-eight (48) hours of being put on notice by the employee and/or within five (5) days of its occurrence shall constitute grounds for immediate termination of this Agreement by County. The parties further agree that failure by Concessionaire/Respondent to perform any of the duties described in this paragraph shall constitute a material breach of the contract entitling County to terminate this contract immediately with no further responsibility to make payment or perform any other duties described herein. (f) The parties further agree that failure by Concessionaire to perform any of the duties described in this section shall constitute a material breach of the contract entitling County to terminate this contract immediately with no further responsibility to make payment or perform any other duties described herein. 8. Hours of Operations. (a) The Concessionaire agrees to furnish good, prompt and efficient service and/or merchandise to meet all demands for Mobile Beachfront Concession service at Higgs Beach. Concessionaire 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. (b) 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 every single day from 10:00 A.M. till sunset, as a maximum, with closing for Thanksgiving Day and Christmas day optional. Closures may also be allowed due to inclement weather, or events with written approval from the County Administrator or designee. The hours and days may be revised with written approval from the County Administrator or designee. For purposes of setting up the concession in the morning and closing the concession in the evening, Concessionaire may arrive one half hour prior to, and depart no later than one half hour after, the hours of operation. No utility services will be provided by the County; the Respondent's operation shall be self-contained and include removal of all debris and trash from the concession on a daily basis. However, if available, Respondent can arrange for utility service at Respondent's sole cost and expense. In this instance, Page 9 of 31 1546 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. Provide a self-contained, portable unit from which to operate the concession. A photo or rendering of said unit shall be provided with submission. The concession must be roadworthy for evacuation from the park and, if necessary,properly registered and licensed for over the road use. All items are required to be removed from the premises before the onset of a named storm or at the direction of the Monroe County Emergency Operations Management Director or County Administrator or designee. 9. Use and Conditions. (a) Concessionaire shall provide a self-contained, portable unit (unit) from which to operate the concession. as depicted in Exhibit B. The unit to be utilized on the premises must be approved in writing by the County Administrator or Designee prior to being placed on the premises. and must be in substantial conformance with the depiction attached to the Concession Agreement as Exhibit B. The unit shall be located on the premises as depicted on the site plan in Exhibit A. The concession must be roadworthy to meet any requirements for evacuation/removal from Higgs Beach and, if necessary,properly registered and licensed for over the road use. (b) All items are required to be removed from the premises before the onset of a named storm or at the direction of the Monroe County Emergency Operations Management Director or County Administrator or designee. (c) Concessionaire's operation shall be self-contained and include removal of all debris and trash from the concession and operation areas on a daily basis. The Concessionaire must provide an adequate number of covered metal or commercial outdoor plastic waste containers at its operation. Concessionaire shall provide separate containers for waste and for recyclables. Concessionaire must deposit all trash, waste, and recyclables in those containers for proper disposition of the waste and recyclables at the place designated by the County. (d) No utility services will be provided by the County; however, if available, Concessionaire can arrange for utility service at Concessionaire's sole cost and expense, with written approval from the County Administrator or Designee. In this instance,Concessionaire shall be liable for any and all costs of establishing and maintaining the service, including permitting, as well as securing the service outside of Concessionaire's hours of operation. (e) Concessionaire agrees to keep the premises in a safe, clean and well-maintained order at no expense to the County. This provision is to be monitored by the Director of Parks and Beaches or his representative. Concessionaire further agrees to operate its business in a businesslike manner. (f) Concessionaire agrees to operate its business in a businesslike manner. (g) In the event the County elects to maintain and/or improve its properties in the vicinity of the Premises, either by necessity, or by choice, such activity will not be considered as a breach of any covenant of this agreement. Concessionaire understands and acknowledges that construction/renovation/maintenance projects are planned for Higgs Beach. Page 10 of 31 1547 (h) Concessionaire agrees not to store any items outside the Premises or in any adjoining area. Any items Concessionaire, its employees, agents, invitees, etc., leave on the premises are the sole risk of Concessionaire. County is not responsible for or liable for any items on the premises. (i) County and Concessionaire acknowledge that, unless otherwise provided for herein,the operating procedures, organization, supervision, direction, and control for the Premises shall rest with the Concessionaire. 0) Concessionaire acknowledges that County, its employees and agents, shall have reasonable access to the Premises to confirm compliance with this Agreement throughout the term of this Agreement and that such access shall not interfere with Concessionaire's use thereof. 10. County's Termination. Except as otherwise provided herein, the County may cancel this agreement after giving the Concessionaire thirty (30) days' written notice of cancellation for any reason. No waiver of default by the County of any of the obligations required of the Concessionaire 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 Concessionaire. The County's waiver of an act of default by the Concessionaire is not a waiver of the right of the County to later cancel this agreement because of the Concessionaire's failure to subsequently perform an obligation or obligations under this Agreement. 11. Concessionaire's Termination.If Concessionaire is not in default of its obligation to pay the rent and the charges, then the Concessionaire may cancel this agreement when, after giving the County thirty (30) days written notice of an act of default, the County fails or cannot cure, or fails to timely perform, the obligations required of it under this Agreement. Concessionaire's final location at Higgs Beach will be subj ect to County approval and may be relocated at any time at the County's sole discretion. County reserves the right to award a non- exclusive concession agreement to one (1) or more Concessionaire(s). Neither of these will constitute a breach by County of any covenant of this Agreement. 12. Insurance. (a) Concessionaire shall obtain and maintain at its own expense the insurance coverages listed in Exhibit C prior to commencing operation. All insurance requirements provided for in this Agreement shall be subject to annual review. (b) Concessionaire 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 Concessionaire 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 Agreement. (c) The insurance required of the Concessionaire in this Agreement is for the protection of the County, its property and employees, and the general public. The insurance requirement is Page 11 of 31 1548 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 Concessionaire. The insurance requirements of this paragraph do not make any specific injured member of the general public a third-parry beneficiary under this agreement. Therefore, any failure by the County to enforce this paragraph, or evict the Concessionaire if the Concessionaire 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. 13. Non-Exclusive Rights. Notwithstanding anything herein contained that may be, or appear to be, to the contrary, it is expressly understood and agreed that the rights granted under this agreement are nonexclusive and the County herein reserves the right to grant similar privileges to another Contractor/Concessionaire or other Contractors/Concessionaires. 14. Rights Upon Termination. At the end of this agreement(or termination or end of any subsequent renewal), or if this Agreement is otherwise terminated,the Concessionaire's right to the Premises, the use of Higgs Beach, and any other right or privilege granted under this agreement ceases. All equipment, improvements, furnishings, and other property of the Concessionaire at the Premises are personal to the Concessionaire and remain the property of the Concessionaire and must be removed by the Concessionaire on or before the end or termination of this Agreement(or termination or end of any subsequent renewal). The Concessionaire must also restore the Premise to its original condition, ordinary wear and tear and damage by causes beyond the control of the Concessionaire, excepted. At the end of this agreement (or any renewal), or if this Agreement is otherwise terminated, Concessionaire will voluntarily and peacefully yield to County the Premises and shall automatically revert to County. 15. County's Right of Entry. County 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 County's obligations under this agreement or in the exercise of its governmental functions. The Concessionaire 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 County to do so. 16. Use Restrictions. The Concessionaire acknowledges that the premises were purchased and/or constructed with funds received from the LWCF. 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 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 Concessionaire must cease operations which are determined to 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. All fees charged by the Concessionaire to the public must be competitive with similar private facilities. Page 12 of 31 1549 Concessionaire specifically acknowledges receipt of this section. Initials 17. Rights Reserved. Rights not specifically granted to Lessee by this Lease Agreement are reserved to the Lessor. 18. Rights of County. The County shall have the absolute right, without limitation, to repair, reconstruct, alter or add to any structure or facility at Higgs Beach, or to construct new facilities at Higgs Beach. The County shall, in the exercise of such right, be free from any and all liability to the Concessionaire for business damages occasioned during the making of such repairs, alterations and additions. 19. Assignment. The Concessionaire may not assign this agreement, or any part of it, or subcontract or sublease the Premises, or any portion of the Premises, without the written approval of the County. The change of the Concessionaire's status from an individual to a partnership or corporation is an assignment under this paragraph requiring the County's approval. If the Concessionaire is approved to do business in the corporate form, any assignment of a controlling interest in the corporate stock is also an assignment under this paragraph that requires the County's approval. All the obligations of this agreement will extend to the legal representatives, successors, and assigns of the Concessionaire and County. 20. Indemnification/Hold Harmless/Defense. The Concessionaire 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 Concessionaire utilizing the property governed by this agreement. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 21. Nondiscrimination. Concessionaire agrees that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the Court order. County and Concessionaire agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin; 2) Title IX of the Education Amendment of 1972, as amended(20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended(20 USC s. 794),which prohibits discrimination on the basis of disability; 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 Page 13 of 31 1550 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 Agreement. During the performance of this Agreement, the Concessionaire, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows: 1) The Concessionaire will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Concessionaire will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include,but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Concessionaire agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2) The Concessionaire will, in all solicitations or advertisements for employees placed by or on behalf of the Concessionaire, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The Concessionaire will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information,unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Concessionaire's legal duty to furnish information. 4) The Concessionaire will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or workers' representative of the Concessionaire's Page 14 of 31 1551 commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The Concessionaire will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The Concessionaire will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the Concessionaire's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the Concessionaire may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The Concessionaire will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (87) in every subcontract or purchase order unless exempted by rules,regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Concessionaire will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance;provided, however,that in the event a contractor/concessionaire becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Concessionaire may request the United States to enter into such litigation to protect the interests of the United States. 22. Mechanic's Liens. The Concessionaire 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 Concessionaire 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 County. 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. 23. Records —Access and Audits. The County, its officers, employees, agents, and contractors shall have access to the Concessionaire's books,records, and documents related to this Agreement upon request. The access to the inspection of such books, records, and documents by the County shall occur at any reasonable time. 24. Records. Concessionaire shall maintain all books,records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. County shall have reasonable and timely access to such records of Concessionaire during the term of the Agreement and for seven(7)years following the termination of this Agreement. An annual operating statement prepared and certified by a Certified Public Page 15 of 31 1552 Accountant(CPA)must be provided to the County on or before February 28 of the following year and shall include with reasonable detail the amount of Gross Sales made by Concessionaire from the Premises during the preceding Concession Agreement Year. 25. Ri2ht to Audit. Availability of Records. The records of the parties to this Agreement, 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 f 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 the County 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 the County'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 County's representative and/or agents of the County or the County Clerk. County 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 end and/or termination of this Agreement and any and all subsequent renewals or extensions. The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Concessionaire pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Concessionaire, or not paid to the County by the Concessionaire when due,the Concessionaire 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 Concessionaire or monies were owed to County, as applicable. The right to audit provisions survive the termination or expiration of this Agreement. 26. Intellectual Property. Concessionaire understands that the County's name, logos, seals, trademarks, Higgs Beach name, etc., (collectively the "County's Marks") are the sole and exclusive property of the County and cannot not be used without the Board of County Commissioner's prior written consent. 27. Limitation on Damages. If a court of competent jurisdiction determines the County is legally liable to the Concessionaire for breaching this Agreement, the Concessionaire agrees that damages for any such breach will be limited up to the equivalent of one year's rent. 28. Relationship of Parties. The Concessionaire is, and shall be, an independent contractor and not an agent or servant of the County. The Concessionaire shall exercise control, direction, and supervision over the means and manner that its employees, agents, or volunteers perform the work for which purpose this Agreement is entered. The Concessionaire shall have no authority whatsoever to act on behalf and/or as agent for the County in any promise, lease, agreement, contract, or representation other than specifically provided for in this Agreement. The County shall at no time be legally responsible for any negligence on the part of the Concessionaire, Page 16 of 31 1553 its employees,agents,or volunteers resulting in either bodily or personal injury or property damage to any individual,property, or corporation. 29. Subordination. This Agreement 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 Agreement or adopted after that date. 30. Premises to be Used for Lawful Purposes. It is expressly covenanted between the parties hereto that the Concessionaire will not use, suffer nor permit any person to use in any manner whatsoever the premises, nor any portion thereof, for purposes calculated to injure the reputation of the 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 the City of Key West or the Ordinances of Monroe County, Florida, as applicable. Concessionaire will keep and save the County forever harmless from any penalty or damage or charges imposed for any violation of any of said laws, whether occasioned by neglect of Concessionaire and Concessionaire will indemnify and save and keep harmless the County 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 Premises or any part thereof by Concessionaire. The Concessionaire hereby covenants and agrees that it, its agents, employees or otherwise shall observe and obey all lawful rules and regulations which may from time to time during the term hereof be promulgated and enforced by the County. 31. Limitation of County's Liability. It is further agreed that in no case shall the County herein be liable,under any express or implied covenants in the Concession Agreement, for any damages whatsoever to the Concessionaire beyond the rent reserved by the Concession Agreement accruing, for the act, or breach of covenant, for which damages may be sought to be recovered against said County, and that in the event said Concessionaire shall be ousted from the possession of said property by reason of any defect in the title of said County or said County's authority to make this Agreement, said Concessionaire shall not be required to pay rent under this Agreement while it is so deprived of said property, and that said County 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 Agreement 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. County and Concessionaire 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. Page 17 of 31 1554 34. Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of County and Concessionaire and their respective legal representatives, successors, and assigns. 35. Authority. Each parry 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. County and Concessionaire agree that County shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement or for any governmental purpose. 37. Adiudication of Disputes or Disagreements. County and Concessionaire 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 parry shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of paragraph 10 concerning termination or cancellation. 38. Cooperation. In the event any administrative or legal proceeding is instituted against either parry relating to the formation, execution,performance, or breach of this Agreement, County and Concessionaire agree to participate, to the extent required by the other parry, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Concessionaire specifically agree that no parry to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 39. Covenant of No Interest. County and Concessionaire 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. County and Concessionaire warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, Concessionaire agrees that County 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. Page 18 of 31 1555 42. Public Access and Public Records. The Parties agree the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Concessionaire. Concessionaire must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24, Article I of the Constitution of Florida. The County and Concessionaire shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes and made or received by the County and Concessionaire in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Concessionaire. Failure of the Concessionaire to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Concessionaire is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Section 119.0701, Florida Statutes and the terms and conditions of this contract, the Concessionaire is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Concessionaire does not transfer the records to the County. (4) Upon completion or termination of the contract,transfer,at no cost,to the County all public records in possession of the Concessionaire or keep and maintain public records that would be required by the County to perform the service. If the Concessionaire transfers all public records to the County upon completion of the contract, the Concessionaire shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Concessionaire keeps and maintains public records upon completion of the contract,the Concessionaire shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County,upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County,but if the County does not possess the requested records,the County shall immediately notify the Concessionaire of the request, and the Concessionaire must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Concessionaire does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract,notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by Page 19 of 31 1556 the Concessionaire. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Concessionaire shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless otherwise provided in this provision or as otherwise provided by law. IF THE CONCESSIONAIRE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONCESSIONAIRE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, AT: MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH STREET, SUITE 408, KEY WEST, FL 33040, publicrecords@monroecounty-fl.gov, (305) 292-3470. 43. Non-Waiver of Immunity.Notwithstanding the provisions of Sec. 768.28,Florida Statutes, the participation of the County and the Concessionaire in this Agreement and/or 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 County 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 County, when performing their respective functions under this Agreement within the territorial limits of the County,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 County. 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 County, 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 County and Concessionaire agree that neither the County nor Concessionaire 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 20 of 31 1557 47. Attestations. Concessionaire agrees to execute such documents as the County may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, a Drug-Free Workplace Statement, and a Vendor Certification Regarding Scrutinized Companies List certification. 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. Other Use. Concessionaire 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. 50. 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. 51. Notices. All written correspondence to the County shall be dated and signed by an authorized representative of the Concessionaire. Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified,return receipt requested and postage pre-paid, or by courier with proof of delivery and delivery pre-paid. Notice is deemed received by Concessionaire when hand 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. 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 persons: For County: For Concessionaire: Monroe County Parks and Beaches Contract Specialist 102050 Overseas Hwy., 209 Key Largo, FL 33037 and Monroe County Attorney's Office P.O. Box 1026 Key West, FL 33041-1026 and Monroe County Administrator 1100 Simonton Street Key West, FL 33040 Page 21 of 31 1558 52. E-Verify System. Beginning January 1, 2021, in accordance with F.S. 448.095, the Concessionaire 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 Concessionaire during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise 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 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 Concessionaire shall comply with and be subject to the provisions of Fla. Stat. Sec. 448.095. 53. 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 County and Concessionaire agree that neither the County nor Concessionaire 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. 54. Rights Reserved. Rights not specifically granted to Concessionaire by this Agreement are reserved to the County. 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 Agreement, the County and Concessionaire agree that venue will lie in the appropriate court, or before the appropriate administrative body, in Monroe County, Florida. 56. Attorney's Fees and Costs. The County and Concessionaire agree that in the event any cause of action or administrative proceeding is initiated or defended by any parry relative to the enforcement or interpretation of this Agreement, the prevailing parry shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing parry, 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. County does not agree to waive its sovereign immunity. 57. Mutual Review. This Agreement has been carefully reviewed by the Concessionaire and the County. Therefore,this Agreement is not to be construed against either parry 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 subj ect matter hereof that are not merged herein and superseded hereby. Any Page 22 of 31 1559 amendment to this Agreement 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. 60. Acceptance of terms per signature. The Concessionaire agrees with and accepts the terms and conditions of this Agreement by its signature below. 61. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which will be deemed to be an original,but all of which when taken together will constitute the Agreement. If any signature is delivered by email delivery of a ".pdf' format data file, such signature will create a valid and binding obligation of the parry executing (or on whose behalf such signature is executed) with the same force and effect as if the ".pdf' signature was an original signature. The Concessionaire transmitting an electronic signature will provide the inked original to the County, at the County's request. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURES ON NEXT PAGE] Page 23 of 31 1560 IN WITNESS WHEREOF, each parry has caused this Agreement to be executed by a duly authorized representative. COUNTY: (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor/Chairman CONCESSIONAIRE: Witnesses for CONCESSIONAIRE: Printed Name of Entity Signature of person authorized to Signature legally bind Corporation/Entity Date: Print Name Date Print Name Title Address: Signature Telephone Number Print Name Date MONWX COMTY ArrOAWY AMSTAW CONN ATrOMEY CAM 3/17/2025 Page 24 of 31 1561 EXHIBIT A PREMISES IWO l ✓�Iuoi/i� � I (/��aaaa�r�1J/lei l �%/ �i, I�i I�� IIIIIIIII uuuuuum I ryil yi r r V , f *The area depicted above is for demonstrative purposes only. Final demised premises shall be at County's sole discretion and in no event shall consist of more than 400 sq. ft. Page 25 of 31 1562 EXHIBIT `B" Business Plan, Scope of Work and Depiction of Storage Unit TO BE DETERMINED Page 26 of 31 1563 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 Management operations, the Organization/Individual shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this 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 agreement and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate termination of the 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 subjectto 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 27 of 31 1564 GENERAL LIABILITY INSURANCE REQUIREMENTS FOR LEASE/RENTAL OF PROPERTY OWNED BY THE COUNTY FOR CONTRACT MOBILE BEACHFRONT CONCESSION AT HIGGS BEACH BETWEEN MONROE COUNTY, FLORIDA AND SALUTE WATERSPORTS LLC Prior to the Organization/Individual taking possession of the property governed by this 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 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 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 28 of 31 1565 BUSINESS AUTOMOBILE LIABILITY INSURANCE REQUIREMENTS FOR LEASES/RENTALS OF COUNTY-OWNED PROPERTY FOR CONTRACT MOBILE BEACHFRONT CONCESSION AT HIGGS BEACH BETWEEN MONROE COUNTY, FLORIDA AND SALUTE WATERSPORTS LLC Prior to the Organization/Individual taking possession of the property governed by this agreement, the Organization/Individual shall purchase Business Automobile Liability Insurance. Coverage shall be maintained throughout the life of the Agreement and include, as a minimum, liability coverage for: • Owned, Non-Owned, and Hired Vehicles • Physical Damage Protection (if the property is a County-owned vehicle) The minimum limits acceptable is: $300,000 Combined Single Limit(CSL) ACV for Physical Damage If split limits are provided, the minimum limits acceptable shall be: $200,000 per Person $300,000 per Occurrence $200,000 Property Damage The Monroe County Board of County Commissioners will be named as Additional Insured on all policies issued to satisfy the above requirements except for Workers Compensation. Page 29 of 31 1566 WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT MOBILE BEACHFRONT CONCESSION AT HIGGS BEACH BETWEEN MONROE COUNTY, FLORIDA AND SALUTE WATERSPORTS LLC Prior to the commencement of work governed by this contract, the Concessionaire will obtain Workers' Compensation Insurance with limits sufficient to respond to applicable Workers' Compensation state statutes and the requirements of Chapter 440, Florida Statutes. In addition, the Concessionaire will obtain Employers' Liability Insurance with limits of not less than: $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease,policy limits $500,000 Bodily Injury by Disease, each employee Coverage will be maintained throughout the entire term of the contract. Coverage will be provided by a company, or companies authorized to transact business in the state of Florida. If the Concessionaire has been approved by Florida's Department of Labor, as an authorized self- insurer, the County may recognize and honor the Concessionaire's status. The Concessionaire may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Concessionaire's Excess Insurance Program. If the Concessionaire participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Concessionaire may be required to submit updated financial statements from the fund upon request from the County. Worker's Compensation Statutory Limits Employers Liability $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease Policy Limits $500,000 Bodily Injury by Disease, each employee General Liability, including $1,000,000.00 Combined Single Limit Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Page 30 of 31 1567 Business Automobile Liability $300,000 Combined Single Limit (Owned, non-owned, and hired vehicles) If split limits are preferred: $200,000 per Person $300,000 per Occurrence $200,000 Property Damage Page 31 of 31 1568 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROPOSALS FOR MOBILE BEACHFRONT CONCESSIONS AT HIGGS BEACH KEY WEST, FL © H 23 o 4 � F dos � E CpU�TY 1N 'C�` BOARD OF COUNTY COMMISSIONERS Mayor James K. Scholl, District 3 Mayor Pro Tem Michele Lincoln, District 2 Commissioner Craig Cates, District 1 Commissioner David Rice, District 4 Commissioner Holly Merrill Raschein, District 5 COUNTY ADMINISTRATOR CLERK OF THE CIRCUIT COURT CHRISTINE HURLEY KEVIN MADOK February 2025 PREPARED BY: Parks and Beaches Department Page 1 of 72 1569 NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS NOTICE IS HEREBY GIVEN that on Thursday, March 13, 2025, at 3:00 P.M., the Monroe County Purchasing Office will receive and open sealed responses for the following: Mobile Beachfront Concessions at Higgs Beach, Key West, Monroe County, Florida Pursuant to F.S. § 50.0211(3)(a), all published competitive solicitation notices can be viewed at: www.floridapublicnotices.com, a searchable Statewide repository for all published legal notices. Requirements for submission and the selection criteria may be requested from the County's electronic bidding platform at https://monroecounty-fl.bonfirehub.com OR www.monroecounty- fl.gov/BonfireBids. The Public Record is available upon request. Monroe County Purchasing Department receives bids via the Bonfire electronic bidding platform. Please do not email, mail or attempt to deliver in person any sealed bids. Emailed/mailed/physically delivered bids/proposals/responses WILL NOT be accepted. The Monroe County Purchasing Department hereby directs bids be submitted via the Bonfire electronic bidding platform at https://monroecouniy-fl.bonfirehub.com, no later than 3:00 P.M. on March 13,2025. There is no cost to the bidder to use the Bonfire platform. Please do not submit your confidential financial information as part of your proposal. There are separate uploads for each set of documents, including confidential financial information. All proposals,including financial information unless exempt,will be made public on the platform after an intended decision or 30 days,whichever is earlier,unless the bids/proposals are rejected in accordance with F.S. 119.071.If your proposal document includes financial information,that information will not be considered confidential and will be available and viewable to the public in accordance with public records law. In the event of a discrepancy between the bid amount on the Proposal Form and the bid amount entered in Bonfire,the bid amount in the `Proposal Form' provided by Monroe County in the RFP is the amount that will be utilized by the County when considering the bid proposal. The County reserves the right to waive any proposalibid irregularity. The bid opening for this solicitation will be held virtually,via the internet,at 3:00 P.M.,on Thursday, March 13,2025. You may call in by phone or internet using the following: Join Zoom Meeting httt2s://mcbocc.zoom.us/i/4509326156 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: Sat., 02/08/2025 Keys Weekly: Thur., 02/13/2025 News Barometer: Fri.,02/14/2025 End of Section Page 2 of 72 1570 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 REQUIRED COUNTY FORMS................................................................................................................7 1.06 EXAMINATION OF CONTRACT DOCUMENTS..................................................................................9 1.07 INTERPRETATIONS AND CLARIFICATIONS.....................................................................................9 1.08 GOVERNING LAWS AND REGULATIONS........................................................................................10 1.09 PREPARATION OF PROPOSALS.........................................................................................................10 1.10 CONTENT OF SUBMISSION................................................................................................................I I 1.11 SUBMISSION OF PROPOSALS ............................................................................................................15 1.12 WITHDRAWAL OF PROPOSAL...........................................................................................................17 1.13 MODIFICATION OF PROPOSALS.......................................................................................................17 1.14 RECEIPT AND OPENING OF PROPOSALS ........................................................................................18 1.15 DETERMINATION OF SUCCESSFUL RESPONDENT......................................................................18 1.16 LOCAL PREFERENCE...........................................................................................................................19 1.17 AWARD OF CONTRACT/TIE RESPONSES/PROTEST PROCEDURE.............................................19 1.18 EXECUTION OF AGREEMENT............................................................................................................21 1.19 CERTIFICATE OF INSURANCE...........................................................................................................21 1.20 INDEMNIFICATION..............................................................................................................................22 1.21 SOVEREIGN IMMUNITY......................................................................................................................22 SPECIFICATIONS.....................................................................................................................................23 PROPOSALFORM............................................................................................................................................27 LOCAL PREFERENCE FORM..........................................................................................................................36 INSURANCE AND INDEMNIFICATION STATEMENT...............................................................................37 GENERAL LIABILITY INSURANCE REQUIREMENTS...............................................................................38 INDEMNIFICATION,HOLD............................................................................................................................41 INSURANCE AGENT'S STATEMENT............................................................................................................42 DRAFTAGREEMENT..............................................................................................................................43 Page 3 of 72 1571 INSTRUCTION TO PROPOSERS 1.01 INTRODUCTION DESCRIPTION Monroe County ("County") is owner of Clarence S. Higgs Memorial Beach Park("Higgs Beach") located at 1000 Atlantic Blvd., Key West, FL 33040. Monroe County is soliciting proposals for a retail concession at Higgs Beach. The concession shall provide rentals of beach chairs, umbrellas and leisure and/or recreational beach activities approved in writing by Monroe County Administrator or designee. Optional sale of bottled water, non-alcoholic drinks and/or other appropriate merchandise. Stand-alone food service will not be considered. The Respondent shall provide a Concession operation which will allow the County to maximize the variety and type of products and services. Respondent must include in the proposal a sample list of all products and services,with pricing proposed, available for sale and/or rent at the concession space. Respondent will also propose a location site for Respondent's concession in the Respondent's proposal to be contained within the area depicted in red on Exhibit A. The area depicted is for demonstrative purposes only. In no case shall the area be more than 400 sq. ft. However, the winning bidder's final location at the Higgs Beach will be subject to County approval and may be relocated at the County's sole discretion. County reserves the right to move the location at any time. County reserves the right to award a non-exclusive concession agreement to one(1) or more Respondents. After review by the County's Selection Committee, the County may enter into negotiations with the highest ranked proposer to establish a schedule of fees and for services to be performed under the agreement. No binding contract is created between any Proposer and the County until a contract is approved by the County Commission. 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 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 Concessionaire must cease operations which are determined to violate the grant agreement. MONROE COUNTY,ITS AGENTS,AFFILIATES,SUCCESSORS-IN-INTEREST,IN NO WAY, SHAPE, OR FORM GUARANTEE CONCESSIONAIRE'S ABILITY TO OPERATE ON THE PREMISES. Page 4 of 72 1572 A NON-MANDATORY PRE-BID CONFERENCE WILL BE HELD ON SITE February 26, 2025,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 02/08/2025 2 Pre-Proposal Conference 02/26/2025 3. Last Day to Submit RFI's 03/06/2025 4. Proposal Due Date 03/13/2025 5. BOCC Award Date (Anticipated) 03/25/2025 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, Contractor, Concessionaire, Lessee, Proposer, and Respondent are synonymous, unless stated otherwise. The terms Agreement, Contract and Concession Agreement 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. Contract: The written contract or agreement 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. 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. County: The word County refers to the County of Monroe, Florida. Page 5 of 72 1573 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. Lessee/Concessionaire: One who submits a response to a request for proposal(RFP). That person or entity duly authorized, upon award of a contract, to have a Contract with the County to provide the product and/or services set forth herein and incurring liability for the same. Lessor: The word Lessor refers to the County of Monroe, Florida. 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. LWCF: 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. Owner: The word Owner is synonymous with"Monroe County"or"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 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. Page 6 of 72 1574 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. C. Submitted Proposals MUST include an Insurance Agent's Statement and a completed Insurance Checklist, and all forms and requirements as called for in the Request for Proposals. Failure to include all necessary forms and licenses may result in a non-responsive proposal. 1.04 QUALIFICATIONS OF RESPONDENTS(TO BE SUBMITTED WITH PROPOSAL) A. Each proposal must contain evidence of the Respondent's qualifications to do business and manage a concession 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 REQUIRED COUNTY FORMS/DISQUALIFICATION OF RESPONDENTS A. COUNTY FORMS AFFIDAVIT 1. 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, 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 agreements 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. 2. 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 Page 7 of 72 1575 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." 3. DRUG-FREE WORKPLACE: Any person submitting a bid or proposal in response to this invitation must execute the enclosed COUNTY FORMS AFFIDAVIT 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. 4. VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LIST: Pursuant to 287.135, Florida Statutes, this certification is required. 5. NON-COLLUSION: Any person submitting a bid or proposal in response to this invitation must execute the enclosed 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. 6. FOREIGN COUNTIES OF CONCERN: Section 287.017, Florida Statutes states a governmental entity may not accept a bid on, a proposal for, or a reply to, or enter into, a contract with an entity which would grant the entity access to an individual's personal identifying information unless the entity provides the governmental entity with an affidavit signed by an officer or representative of the entity under penalty of perjury attesting that the entity does not meet any of the criteria in paragraphs (2)(a)-(c) of Section 287.017, Florida Statutes. 7. COMMON CARRIER(if applicable): In accordance with Section 908.111, Florida Statutes, a contract between a governmental entity and a common carrier or contracted carrier, must include an attestation by the common carrier or contracted carrier that the common carrier or contracted carrier is not willfully providing and will not willfully provide any service during the contract term in furtherance of transporting a person into this state knowing that the person is an unauthorized alien, except to facilitate the detention, removal, or departure of the person from this state or the United States. A governmental entity is deemed to be in compliance with this requirement upon receipt of the common carrier's or contracted carrier's attestation. B. AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES: A nongovernmental entity executing, renewing, or extending a contract with a government entity must provide an affidavit under penalty of perjury attesting that the Contractor does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. C. LOCAL PREFERENCE FORM (if applicable): 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. D. INSURANCE AND INDEMNIFICATION FORMS Page 8 of 72 1576 1.06 EXAMINATION OF CONTRACT DOCUMENTS A. Each Respondent shall carefully examine the contract documents and inform themselves 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 Concession Agreement. Ignorance on the part of the Respondent will in no way relieve the Respondent of the obligations and responsibilities assumed under the Agreement. B. Should a Respondent find discrepancies or ambiguities in, or omissions from, the proposal documents, or should the organization be in doubt as to their meaning,the organization shall at once notify the County in writing by email to Tammy Acevedo at acevedo-tammyL&monroecounty-fl.�zov. C. The submission of a Proposal will constitute a representation by the Proposer that he/she/it has complied with every requirement of Section 1.06 and that the Proposal Documents are sufficient in scope and detail to indicate and convey an understanding of all terms and conditions for performance of the work. 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 Tammy Acevedo, Monroe County Parks and Beaches Budget and Contract Specialist, acevedomtammyLa)monroecountymfl.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 htttlsa//monroecountymfl.bonfirehub.com OR www.monroecounty-fl.gov/BonfireBids 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, the Respondent's response will nevertheless be construed as though it had been received and acknowledged and the submission of the Respondent's Proposal 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 the Respondent. It is the responsibility of each Respondent to verify that it has received all addenda issued before responses are opened. No Addenda will be issued later than five(5)business days prior to the date for receipt of Proposals except for an Addendum withdrawing the request for Proposals or one which includes postponement of the date for receipt of Proposals. Page 9 of 72 1577 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 scope of this RFP and/or any work associated with these documents. Knowledge of occupational license requirements and obtaining such licenses for Monroe County, State of Florida, and/or municipalities within Monroe County, including the City of Key West if required, 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 a Monroe County Local Business Tax License before beginning operations. Respondent shall also be responsible for obtaining any additional licenses which may be required by Respondent's operations at Higgs Beach, including any licenses from the City of Key West, 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. 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. B. The 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. C. The Respondent's proposal shall include a sample list of all products and services with pricing proposed to be available for sale at the premises. 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 10 of 72 1578 1.10 CONTENT OF SUBMISSION The Proposal submitted in response to this RFP shall be submitted on Bonfire in 8-1/2" x 11" letter size form; 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 FOR MOBILE BEACHFRONT CONCESSIONS 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 30 points max.) Each Proposal must contain evidence of the Respondent's qualifications to do business in a beach/park environment. To demonstrate qualifications, each Respondent shall submit a written business plan describing the type of goods and/or services that Respondent will be offering with pricing to be paid by the general public/customers and why the Respondent believes the services will be appropriate and successful at the subject location. Photographs and renderings of any proposed self-contained portable unit("unit") must be included in the Proposal along with a site plan. The site plan and the unit (if applicable) to be utilized on the premises must be approved in writing by the County Administrator or his or her designee and must be in substantial conformance with the depiction provided in the Proposal. The site plan shall depict what the location is intended to look like and the total square area of the concession operation shall encompass no more than 400 sq. ft. Tab 2. Omanization's Qualifications and Experience (__If___points max.) Each Respondent shall submit with the Proposal the required evidence of the Respondent's qualifications and experience, including but not limited to, any current or prior relevant experience working with, for, or on behalf of,the County. Respondent should also include work for other governmental or non-governmental entities and references from staff of those organizations; descriptions of current or past contracts providing services similar to those called for in this RFP; and descriptions for services provided to governmental entities. Each proposer should submit a minimum of three (3)references. Page 11 of 72 1579 In accordance with Monroe County Code of Ordinances, Section 2-347, in order to determine if persons or entities submitting responses to competitive solicitations are responsible, all responses to competitive solicitations for contracts to be 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. Tab 3. Le2al Risk Evaluation ( 5 points max.) 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 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 ❑ Page 12 of 72 1580 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 parry 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 The department requesting competitive solicitations and the county attorney reviewing the competitive solicitations must make sure that all bid solicitations request the information required by Tab 3. The department requesting the competitive solicitations must evaluate the information received, and then prepare a recommendation to the board of county commissioners as to whether the lowest bidder or the highest ranked proposer is responsible in the view of the information received. In evaluating the information received, the requesting department is directed to give particular consideration in preparing their recommendation to the bidder's/proposer's responses to subsections (h)(5)a. i. of Monroe County Ordinance 2-347. If the department or county attorney have a reasonable belief that any information furnished by a bidder/proposer is false, misleading or omits relevant facts, the department is directed to investigate any lawfully available information resource in order to be able to adequately advise the board as to whether a bidder/proposer is responsible. If after the responses to competitive solicitations are received, it is discovered that a bidder/proposer misrepresented or omitted information required Tab 3, then the bid/proposal may be disqualified. If the misrepresentation or omission is discovered after the contract is awarded, the board of county commissioners may, in its discretion, terminate the contract with no liability to the county other than to pay the contract price or unit price for work that is satisfactorily completed and useful to the county up to the date of the meeting of the board of county commissioners terminating the contract. Tab 4. Compatibility of the proposed goods and/or services with other vendors 15 points max.) Page 13 of 72 1581 Description of the various merchandise or services that your concession operation will offer and its compatibility with other current Higgs Beach vendors offering activities, beach rentals, and how such merchandise or services will improve the visitors' beach experience. Tab 5 Anticipated 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 annual fee proposed, whichever is greater, generated by Respondent's mobile retail merchandise or service concession, as set forth in the proposed Agreement. Tab 6. Local Preference ( 5 points max.) Individuals for firms which meet all the criteria in Section 2-349 of the Monroe County Code and are a conforming and responsible proposer shall receive local preference. Tab 7. County Forms and Licenses (no points) Respondent shall complete and execute the forms specified below and found at the designated pages in this RFP, and shall include them in the appropriate tabbed section; failure to provide executed documents may result in the Respondent being determined to be not fully responsive to the RFP: • Proposal Form • County Forms Affidavit • Local Preference Form • Proposer's Insurance and Indemnification Statement • Insurance Agent's Statement • Respondent's License(s) 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 any required business tax receipts (previously occupational license), including Monroe County, is required to be provided to the County within fifteen (15) days of award of the contract. Tab 8. Financial Information (no points) Please do not submit your confidential financial information as part of your proposal upload. There are separate uploads for each set of documents,including confidential financial information. Any information the Proposer includes in the proposal packet, which is not marked as "Confidential", and is uploaded incorrectly,may be disclosed in any public records request and will not be treated as "Confidential." All proposals, including financial information unless exempt, will be made public on the platform after an intended decision or 30 days, Page 14 of 72 1582 whichever is earlier,unless the bids/proposals are rejected in accordance with F.S. 119.071. Respondent shall, by separate upload from all other documents including the proposal, upload 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. (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. 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. 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. The Monroe County Purchasing Department hereby directs bids be submitted via the Bonfire electronic bidding platform at https://monroecounty-fl.bonfirehub.com, no later than 3:00 P.M. on March 13, 2025. There is no cost to the bidder to use the Bonfire platform. Bidders must register for a free account at hops://monroecounly-fl.bonfirehub.com, which is required when preparing a submission. Documents may be uploaded at any time during the open period. The official time used for receipt of proposals/modifications is the time stamp within the Bonfire portal. Bidders must take necessary steps to submit their proposals in advance. The bid opening for this solicitation will be held virtually, via the internet, at 3:00 P.M., on Thursday, March 13, 2025. You may call in by phone or internet using the following: Join Zoom Meeting https:Hmcbocc.zoom.us/i/4509326156 Meeting ID: 450 932 6156 One tap mobile +16465189805„45093261564 US (New York) +16699006833„45093261564 US (San Jose) Page 15 of 72 1583 Dial by your location +1 646 518 9805 US (New York) +1 669 900 6833 US (San Jose) 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. 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. Please allow sufficient time to complete the forms and upload of all proposal documents. Proposers should not wait until the last minute to submit the proposal documents. The deadline for submitting information and documents will end at the closing time indicated in the solicitation. All information and documents must be fully entered, uploaded, and accepted by Bonfire before the closing time or Bonfire will stop the process and the response will be considered late and will not be accepted. Proposals received after the time and date for receipt of Proposals will not be considered. E. Monroe County Purchasing Department receives bids via the Bonfire electronic bidding platform. Please do not email, mail or attempt to deliver in person any sealed bids. Emailed/mailed/physically delivered bids/proposals/responses WILL NOT be accepted. F. Oral, telephonic, telegraphic, and faxed Proposals are invalid and will not receive consideration. G. Please do not submit your confidential financial information as part of your proposal upload. There are separate uploads for each set of documents, including confidential financial information. If your proposal document includes financial information, that information will not be considered confidential and will be available and viewable to the public in accordance with public records law. Notwithstanding same, all proposals, including financial information unless exempt, will be made public on the platform after an intended decision or 30 days, whichever is earlier, unless the bids/proposals are rejected in accordance with F.S. 119.071. H. The Proposer assumes full responsibility for timely delivery at the location designated for receipt of Proposals. I. 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 Statutes . Page 16 of 72 1584 J. 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. K. Submission of a proposal will be considered evidence that the Proposer has familiarized themselves with the nature and extent of the services requested, and the equipment, materials, and labor required. L. 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. 1.12 WITHDRAWAL OF PROPOSAL Any proposal may be withdrawn on Bonfire prior to the time and date designated for the receipt of Proposals. Withdrawn Proposals may be resubmitted on Bonfire up to the time designated for the receipt of Proposals provided that the upload is fully in conformance with these Instructions to Proposers. All proposals received must remain valid for a period of ninety (90) days after the date designated for receipt of Proposals unless withdrawn pursuant to this section. The County may, at its sole discretion, release any Proposal before the ninety (90) days period has elapsed. A Proposal may not be modified, withdrawn, or cancelled by the Proposer during the stipulated time period following the time and date designated for the receipt of Proposals, except as provided in Article 1.14,Right to Claim Error in Proposal, and each Proposer so agrees in submitting its Proposal. 1.13 MODIFICATION OF PROPOSALS Written proposal modifications will be accepted from Respondents prior to the time and date designated for receipt of Proposals, by removing the existing proposal from Bonfire and uploading a new, complete proposal. The new submission shall comply with requirements for the original proposal. Conditional, altered, 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 RIGHT TO CLAIM ERROR Each Proposer's original work papers, documents, and materials used in preparation of the proposal shall be enclosed in an envelope, if mailed, and marked clearly as to its contents and must be hand-delivered to or emailed to -Tammy Acevedo, 1010 2050 Overseas Highway, Suite 209 Key Largo, FL 33070 or emailed to Acevedo-Tammy@MonroeCounty- FL.gov,no later than twenty-four (24) hours after the time and date for receipt of Proposals, or any extension thereof made by Addendum. The contents of the email shall be clearly Page 17 of 72 1585 marked in the subject line of the email. Proposers who fail to submit their original work papers, documents, and materials used in the preparation of the proposal, as provided herein,waive all rights to claim error in the Proposal. 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. The bid opening for this solicitation will be held virtually, via the internet, at 3:00 P.M., on March 13, 2025. The public may attend either by phone or internet as specified in the Notice of Request for Competitive Solicitations. Any Proposal not received on Bonfire on or before the deadline for receipt of proposals designated in the Notice of Request for Competitive Solicitations will not be considered. 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 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: Page 18 of 72 1586 CRITERIA MAXIMUM POINTS TAB 1 30 TAB 2 25 TAB 3 5 TAB 4 15 TAB 5 20 TAB 6 5 TAB 7 0 TAB 8 0 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 its 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 staff 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 County. 1.18 AWARD OF CONTRACT/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 Agreement is to be awarded, the County 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 Agreement to them, subject to approval of the Monroe County Board of County Commissioners. B. The County 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 Page 19 of 72 1587 organizations to operate the concession(s) in accordance with the Contract Documents to the County's satisfaction within the prescribed time. C. The County 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 staff deems necessary to enable staff and/or Board of County Commissioners to determine if the person responding is responsible. The County 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 Contract is annulled, the County may award the Agreement to another Respondent, or this solicitation may be re-advertised, or may be awarded to other qualified personnel as the County decides. E. The Contract 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)based on the parameters listed in this RFP. The most responsive (highest ranked) proposal(s), along with the recommendation of the Selection Committee, and County Administrator and/or her designee,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 aprincipal place of business in Monroe 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 state or 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 affected 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 Attorney's Office 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 the electronic bidding platform 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 Page 20 of 72 1588 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. The filing of a protest shall not stop the solicitation, negotiations, or contract award process, unless it is determined it is in the best interest of the County to do so. 1.19 EXECUTION OF AGREEMENT Upon Notice of Intent to Award by the County,the Agreement shall be put in final form by the Director of Parks and Beaches and, upon consent and approval of the County Attorney, given to the Contractor for signature. Within ten (10) days after receipt of the contract from the Director, the Contractor shall fully execute, scan and return via email one (1) original electronic copy of the Agreement to the Director, along with all other Contract Documents attached, including original Insurance Certificate(s)and proof of any required licenses not previously provided. If applicable, a certified copy of the recorded Public Construction Bond must be provided prior to the issuance of the Notice to Proceed as soon as possible. After approval by the BOCC and upon full execution by the County Clerk, the Director will return one fully executed copy of the Agreement to the Contractor with all other Contract Documents attached as soon as practicable. In no event shall the Proposer's failure to provide satisfactory insurance certificates extend the contract time. 1.20 CERTIFICATE OF INSURANCE A. The Respondent/Concessionaire will be responsible for obtaining and maintaining all necessary insurance coverages listed in this RFP and within the Draft Agreement prior to commencing operation. 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 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 shall be from insurers acceptable to the County. Policies shall be written by companies licensed to do business in the State of Florida Page 21 of 72 1589 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/Concessionaire 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/Concessionaire to whom a contract is awarded shall defend, indemnify, and hold harmless the County as outlined below: The Concessionaire 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 negligence, 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 Concessionaire utilizing the property governed by this Contract agreement. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 1.22 SOVEREIGN IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statues, nothing herein nor the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government insurance pool coverage shall be deemed a waiver of immunity by the County. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 22 of 72 1590 SPECIFICATIONS FOR MOBILE BEACHFRONT CONCESSION AT HIGGS BEACH The County seeks to achieve multiple goals through this Request for Proposals (RFP). Primarily, the objective is to engage the services of a qualified company. The chosen company will be responsible for providing beachfront concession. A. The term of the Concession Agreement will be for a period of two (2) years renewable, at the County's sole discretion, for three (3) options of additional two (2)year terms. B. The Proposal shall include a list of all products, services and pricing proposed to be available for sale or rent at the concession along with the applicable sales tax. The Concessionaire will not sell or rent any type of merchandise or equipment prohibited by the County and will sell or rent only the type of merchandise or equipment approved in writing by the County. The rental or selling of fishing equipment is not permitted, and the rental of motorized vessels is prohibited. C. The Concession will rent beach equipment to include but not limited to beach chairs, lounge chairs, and umbrellas, approved leisure and/or recreational beach activities. Optional sale of beverages including water, non-alcoholic drinks and other appropriate island themed merchandise. County reserves the right to award a non-exclusive concession agreement to one (1) or more Respondents. D. 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 every single day from 10:00 A.M. till sunset, as a maximum, with closing for Thanksgiving Day and Christmas day optional. Closures may also be allowed due to inclement weather, or events with written approval from the County Administrator or designee. The hours and days may be revised with written approval from the County Administrator or designee. For purposes of setting up the concession in the morning and closing the concession in the evening, Concessionaire may arrive one half hour prior to, and depart no later than one half hour after, the hours of operation. No utility services will be provided by the County; the Respondent's operation shall be self-contained and include removal of all debris and trash from the concession on a daily basis. However, if available, Respondent can arrange for utility service at Respondent's sole cost and expense. In this instance, Respondent shall be liable for any and all costs of establishing and maintaining the service, including permitting, as well as securing the service after Respondent's hours of operation. Provide a self-contained,portable unit from which to operate the concession. A photo or rendering of said unit shall be provided with submission. The concession must be roadworthy for evacuation from the park and, if necessary, properly registered and licensed for over the road use. All items are required to be removed from the premises before the onset of a named storm or at the direction of the Monroe County Emergency Operations Management Director or County Administrator or designee. E. Background Checks/Personnel Page 23 of 72 1591 (1) Concessionaire's employees must consent to Level 1 background checks and the results are to be provided to the County. The County reserves the right to refuse personnel based on results of the background check. The County reserves the right to demand the Concessionaire replacement of an employee for the Concessionaire if a conflict or problem with that employee should arise. The County Administrator or designee shall have the right to require any employee(s) of the Concessionaire to be permanently removed from the Higgs Beach premises whenever it appears to be in the best interest of the County. It is the responsibility of the Concessionaire to inform the Parks and Beaches Director or his designee of all new hires and the results of the background check. (2) The Concessionaire 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. (3) Communication between the County Representative and the concession personnel is very important. Therefore, the Concessionaire must assure that at least one (1) concession personnel can communicate well with the County Representative. Any employee hired by the Concessionaire will be the Concessionaire's employee and in no way has any association with the County. The Concessionaire 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. (4) Uniforms are preferred for concession personnel; however, photo identification cards are required, which shall clearly identify personnel as employees of the Concessionaire. This requirement shall apply upon entering County property and at all times while on duty. (5) Concessionaire/Respondent further agrees to notify the County immediately upon becoming aware that one of its employees, who previously completed the background check, is subsequently arrested or convicted of any crime. Failure by Concessionaire/Respondent to notify County of such arrest or conviction within forty-eight(48)hours of being put on notice by the employee and/or within five(5) days of its occurrence shall constitute grounds for immediate termination of this Concession Agreement by County. The parties further agree that failure by Concessionaire/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. (6) The parties further agree that failure by Concessionaire to perform any of the duties described in this section shall constitute a material breach of the contract entitling County to terminate this contract immediately with no further responsibility to make payment or perform any other duties described herein. F. The Concessionaire agrees to furnish good,prompt and efficient service and/or merchandise to meet all demands for mobile beachfront concessions service at Higgs Beach. Concessionaire 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 Concessionaire must provide an adequate number of covered metal or commercial outdoor plastic waste containers at its operation. Concessionaire shall provide separate containers Page 24 of 72 1592 for waste and for recyclables. Concessionaire must deposit all trash,waste, and recyclables in those containers for proper disposition of the waste and recyclables at the place designated by the County. When the Concessionaire uses disposable serving supplies,they will be produced from recyclable or biodegradable materials. The Concessionaire should give preference to using non-disposable serving supplies. G. No signs, advertising, or awnings may be erected by the Concessionaire, unless they are approved by the County Administrator or designee in writing. The concession stand will not have commercial lighting of any type, including signage. H. The concession stand will not have commercial lighting of any type, including signage L Smoking on County property shall be prohibited by all concessionaire employees in accordance with Chapter 18, Code of Ordinances. All concessionaire employees and customers must follow the rules set forth in Chapter 18, Code of Ordinances. J. If the Concessionaire chooses to install a security alarm system,it will be of the non-audible type and approved in writing by the County Administrator or designee. K. The rental or selling of fishing equipment is not permitted, and the rental of motorized vessels is prohibited. L. 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 Concessionaire must also coordinate and cooperate with State or Federal agencies and sea turtle conservation groups during turtle nesting season, which is usually April 15 through October 31 of every year, and when Save-a-Turtle representatives and/or Certified Turtle Inspectors, are walking the beaches. It is important that the Concessionaire understand these environmental regulations. The Concessionaire will abide by all local, state, and federal regulations and statutes governing the protection of natural and cultural resources. The Concessionaire is liable for a violation of these regulations or statutes. M. The Concessionaire is responsible for the sole costs and expenses and any maintenance of the Concessionaire's operation, including any utilities required for its operation and the equipment used by Concessionaire and/or offered for rental. All accessories and equipment applicable to Concessionaire's concession operation(tables, canopies, chairs, etc.) shall be clean and in good working condition at all times. All rental equipment shall meet strict safety standards, and equipment which is broken, or a potential safety risk, shall be removed immediately. The Concessionaire will be responsible for insuring equipment is safe and meets all regulated safety requirements. The Parks and Beaches Director or Assignee reserves the right to remove equipment from the beach at any time if it does not meet minimum service or appearance standards. N. Respondent shall agree to pay the County: i) a monthly rent, not to be less than $623.00 a month,plus; ii)a percentage of Gross Taxable Sales,not to be less than 7.5%, and/or guaranteed monthly minimum, not to be less than $2,000.00. Page 25 of 72 1593 Therefore, the Respondent's proposal shall include the respondents' proposed monthly rental payment, the percentage of gross taxable sales that will be paid to the County and the guaranteed minimum annual payment proposed. The percentage of Gross Taxable Sales/minimum monthly payments are a fee that shall be paid in addition to the monthly rent and applicable sales tax. Such payment shall be submitted to the Monroe County Board of County Commissioners, Monroe County, Florida, by the 25th 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. O. Respondent shall include a proposed site location for Respondent's mobile retail concession operation that is at least fifty (50)feet away from other concessions located at Higgs Beach and shall clearly mark the proposed location on Exhibit"A" attached hereto. Respondent's items and equipment must be removed from its location at the end of each day or secured in a location within Respondent's concession space in such a manner as to not interfere with daily beach cleaning operations. Respondents' location at Higgs Beach will be subject to County approval and may be relocated at any time at the County's sole discretion. P. Insurance. Before entering the Premises, the concessionaire must obtain the required insurance. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 26 of 72 1594 PROPOSAL FORM 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: MOBILE BEACHFRONT CONCESSION AT HIGGS BEACH MONROE COUNTY, FLORIDA And having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself/herself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the work, does hereby propose to furnish services, 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. The undersigned further certifies that he/she/it has been given the opportunity to personally inspect the actual location(s) of where the services will be performed and that he/she/it understands the conditions under which the services are to be performed. The successful proposer shall assume the risk of any and all costs and delays arising from the existence of any condition which could be reasonably anticipated by reference to documentary information provided and made available, and from any inspection and examination of the site(s). 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: Page 27 of 72 1595 Signature of Authorized Representative Date Type or Print Officer's Name and Title: 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 and/or a guaranteed minimum monthly fee of $ whichever is greater, generated by Concessionaire's operations at the detail concession space. I acknowledge receipt of Addenda No.(s) No. Dated No. Dated No. Dated No. Dated The proposer states by its check mark in the blank beside the form, and by its authorized representative's signature,that it has provided the following forms: Yes No I. Proposal Form ❑ ❑ 2. County Forms Affidavit ❑ ❑ (Public Entity Crime Statement; Ethics Clause; Drug-Free Workplace; Vendor Certification Page 28 of 72 1596 Regarding Scrutinized Companies List; and Non- Collusion Affidavit) 3. Proposer's Insurance and Indemnification ❑ ❑ Statement 4. Insurance Agent's Statement(signed by agent) ❑ ❑ 5. Answered Required Questions ❑ ❑ 6. Provided three (3) Customer References and three ❑ ❑ (3) Credit References 7. Provided three (3) years of Financial Statements ❑ ❑ marked "CONFIDENTIAL" by separate document upload to Bonfire 8. Current Monroe County and Key West Business ❑ ❑ Tax Receipt(f/k/a Occupational License) In addition,Proposer states that it has included current copies of all required professional and/or License(s). (Check mark items above, as a reminder that they are included.) Proposer/Company: Mailing Address: Phone Number: Email Address: The physical business address must be registered as its principal place of business with the Florida Department of State. Date: Signed: (Name) (Title) Witness: Print Name: Page 29 of 72 1597 COUNTY FORMS AFFIDAVIT PROJECT: Mobile Beachfront Concessions at Higgs Beach,Key West,Florida I, (Name), (Position/Title) according to law on my oath,and under penalty of perjury,depose and say that: I am of the company of ("CONCESSIONAIRE"),the bidder making the Proposal for the services described in the Request for Proposals and that I executed the said proposal with full authority to do so. By signing this Affidavit, CONCESSIONAIRE has sworn or affirmed to the following requirements as set forth in the Public Entity Crime Statement, Lobbying and Conflict of Interest Statement, Drug-Free Workplace Statement, Vendor Certification Regarding Scrutinized Companies List, Non-Collusion Statement, Foreign Countries of Concern,and Common Carrier as set forth below. Public Entity Crime Statement In accordance with Section 287.134,Florida Statutes,an entity or affiliate who has been placed on the Discriminatory Vendor List,kept by the Florida Department of Management Services,may not submit a bid,proposal,or reply on a contract to provide goods or services to a public entity; may not submit a bid,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 a 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.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,proposal,or reply on contracts to provide any goods or services to a public entity,may not submit a bid,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 Section 287.017 of the Florida Statutes,for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By executing this Affidavit, CONCESSIONAIRE represents that the execution of this Affidavit will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of the Agreement and recovery of all monies paid hereto and may result in debarment from COUNTY's competitive procurement activities.In addition to the foregoing,CONCESSIONAIRE further represents that there has been no determination,based on an audit,that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a"public entity crime"and that it has not been formally charged with committing an act defined as a"public entity crime"regardless of the amount of money involved or whether CONCESSIONAIRE has been placed on the convicted vendor list. The CONCESSIONAIRE certifies and agrees that CONCESSIONAIRE nor any Affiliate has been placed on the convicted vendor list within the last 36 months. Ethics Clause By signing this Affidavit,the CONCESSIONAIRE warrants that he/it has not employed,retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 0 10-1990 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. Drus-Free Workplace In accordance with the Florida Statutes, Section 287.087, preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids or replies that are equal with respect to price, quality and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid,or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process.Established procedures for processing the bids will be followed if none of the Page 30 of 72 1598 tied vendors have a drug-free workplace program. CONCESSIONAIRE in accordance with Florida Statute 287.087 hereby certifies that CONCESSIONAIRE shall: 1. Publish a statement notifying employees that the unlawful manufacture,distribution,dispensing,possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace,the business' policy of maintaining a drug-free workplace, any available drug counseling,rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid,the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five(5)days after such conviction. 5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community,or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. The person authorized to sign this Affidavit certifies that CONCESSIONAIRE complies fully with the above requirements. Vendor Certification Resardinn Scrutinized Companies Lists CONCESSIONAIRE agrees and certifies compliance with the following: Vendor/Contractor has reviewed Section 287.135,Florida Statutes,and in accordance with such provision of Florida law,is eligible to bid on,submit a proposal for,or enter into or renew a contract with Toho for goods or services. 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 Terrorism Sectors List 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 CONCESSIONAIRE, I hereby certify that the company identified above as "CONCESSIONAIRE" 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 Terrorism Sectors 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 immediately, 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 Terrorism Sectors List or been engaged in business operations in Cuba or Syria. Vendor has reviewed Section 287.135,Florida Statutes,and in accordance with such provision of Florida law,is eligible to bid on,submit a proposal for,or enter into or renew a contract with Monroe County for goods or services. Page 31 of 72 1599 Note:The List(s)is/are available at the following Department of Management Services Site: http://www.dms.lpyflorid,i.com/business operations/state purchasing/vendor inforrnation/convicted sus ep nded dis criminatory complaints vendor lists Non-Collusion Affidavit CONCESSIONAIRE by signing this Affidavit, according to law on my oath, and under penalty of perjury, depose and say that the person signing on behalf of the firm of CONCESSIONAIRE,the bidder making the Proposal for the project described in the Scope of Work, and that I executed the said proposal with full authority to do so;the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition,as to any matter relating to such prices with any other bidder or with any competitor; unless otherwise required by law,the prices which have been quoted in this bid have not been knowingly disclosed by the 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 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. Foreign Countries of Concern The Contracting with Entities of Foreign Countries of Concern Prohibited Affidavit is required by Section 287.138, Florida Statutes,which is deemed as being expressly incorporated into this Form. The Affidavit must be completed by a person authorized to make this attestation on behalf of the Bidder/Proposer for the purpose of submitting a bid, proposal,quote,or other response,or otherwise entering into a contract with the County.If being awarded the Contract, or otherwise entering into the Contract, would grant Contractor access to an individual's personal identifying information,pursuant to section 287.138,Florida Statutes,the undersigned,on behalf of Contractor,hereby certifies, represents, and warrants that Contractor is not affiliated with a foreign country of concern, as such countries are identified in section 287.138(1),Florida Statutes.The undersigned additionally certifies,represents,and warrants that: (A)Contractor is not owned by a foreign country of concern;(B)the government of a foreign country of concern does not have a controlling interest in Contractor;and(C)Contractor is not organized under the laws of nor has its principal place of business in a foreign country of concern. Common Carrier If Contractor is a common carrier, as defined by Section 908.111, Florida Statutes,then Contractor hereby certifies that it is not willfully providing and will not willfully provide any service during the Contract term in furtherance of transporting a person into this state knowing that the person is an Unauthorized Alien,except to facilitate the detention, removal,or departure of the person from this state or the United States. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 32 of 72 1600 THE STATEMENTS CONTAINED IN THIS AFFIDAVIT ARE TRUE AND CORRECT, AND MADE WITH FULL KNOWLEDGE THAT MONROE COUNTY RELIES UPON THE TRUTH OF THE STATEMENTS CONTAINED IN THIS AFFIDAVIT IN AWARDING CONTRACTS FOR SAID PROJECT. UNDER PENALTIES OF PERJURY, I HEREBY CERTIFY AND DECLARE THAT I HAVE READ AND UNDERSTAND THE FOREGOING AFFIDAVIT AND THAT THE FACTS STATED IN IT ARE TRUE. PURSUANT TO THE AUTHORITY GRANTED TO THE UNDERSIGNED BY CONCESSIONAIRE, THE UNDERSIGNED HEREBY ACKNOWLEDGES, AFFIRMS, AND MAKES THE ABOVE SWORN CERTIFICATIONS ON BEHALF OF CONTRACTOR. (Signature of Respondent/Contractor) (Date) (Title) 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 Personally known Name of Notary OR Produced My commission expires: Identification Type of Identification Produced Page 33 of 72 1601 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES Entity/Vendor Name: Vendor FEIN: Vendor's Authorized Representative: (Name and Title) Address: City: State: Zip: Phone Number: Email Address: As a nongovernmental entity executing,renewing,or extending a contract with a government entity,Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor does not use coercion for labor or services in accordance with Section 787.06,Florida Statutes. As defined in Section 787.06(2)(a),coercion means: I. Using or threatening to use physical force against any person; 2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt,if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or service are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport,visa, or other immigration document,or any other actual or purported government identification document,of any person; 5. Causing or threatening to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit;or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of Vendor,I certify under penalties of perjury that Vendor does not use coercion for labor or services in accordance with Section 787.06 and I declare that I have read the foregoing and that the facts stated in it are true.Additionally,Vendor has reviewed Section 787.06,Florida Statutes,and agrees to abide by same. Certified By: who is authorized to sign on behalf of the above referenced company. Authorized Signature: Print Name: Title: Page 34 of 72 1602 ?r Minoritv Owned Business Declaration a sub-contractor engaged by Monroe County during the completion of work associated with the below indicated project (Check one) is a minority business enterprise,as defined in Section 288.703,Florida Statutes or is not a minority business enterprise,as defined in Section 288.703,Florida Statutes. F.S. 288.703(3) "Minority business enterprise"means any small business concern as defined in subsection(6)(see below)which is organized to engage in commercial transactions,which is domiciled in Florida, and which is at least 5 1-percent-owned by minority persons who are members of an insular group that is of a particular racial, ethnic, or gender makeup or national origin,which has been subjected historically to disparate treatment due to identification in and with that group resulting in an underrepresentation of commercial enterprises under the group's control,and whose management and daily operations are controlled by such persons. A minority business enterprise may primarily involve the practice of a profession. Ownership by a minority person does not include ownership which is the result of a transfer from a nonminority person to a minority person within a related immediate family group if the combined total net asset value of all members of such family group exceeds$1 million.For purposes of this subsection,the term "related immediate family group"means one or more children under 16 years of age and a parent of such children or the spouse of such parent residing in the same house or living unit. F.S 288.703(6)"Small business"means an independently owned and operated business concern that employs 200 or fewer permanent full-time employees and that,together with its affiliates,has a net worth of not more than$5 million or any firm based in this state which has a Small Business Administration 8(a) certification. As applicable to sole proprietorships,the$5 million net worth requirement shall include both personal and business investments. Contractor may refer to F.S.288.703 for more information. Contractor: Sub-Recipient: Monroe County Signature Signature Print Name: Print Name: Title: Title/OMB Department: Address: DEM Contract: City/State/Zip: Verified via: 1-ittps://osd.dms.myflorida.com/directories Date: FEMA Project Number: Page 35 of 72 1603 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 Page 36 of 72 1604 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 concessioner operations, the Organization/Individual shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this agreement. The Organization/Individual will not be permitted to commence operations or 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 agreement and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate termination of the agreement and immediate surrender 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 Organization/Individual'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 notsubjectto 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 37 of 72 1605 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 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 property.) The minimum limits acceptable is: $1,000,000.00 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 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 38 of 72 1606 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 agreement, the Organization/Individual shall purchase Business Automobile Liability Insurance. Coverage shall be maintained throughout the life of the Agreement and include, as a minimum, liability coverage for: • Owned, Non-Owned, and Hired Vehicles • Physical Damage Protection The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) ACV for Physical Damage If split limits are provided, the minimum limits acceptable shall be: $200,000 per Person $300,000 per Occurrence $200,000 Property Damage The Monroe County Board of County Commissioners will be named as Additional Insured on all policies issued to satisfy the above requirements except for Workers Compensation. Page 39 of 72 1607 WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY,FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor will obtain Workers' Compensation Insurance with limits sufficient to respond to applicable Workers' Compensation state statutes and the requirements of Chapter 440, Florida Statutes. In addition, the Contractor will obtain Employers' Liability Insurance with limits of not less than: $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease,policy limits $500,000 Bodily Injury by Disease, each employee Coverage will be maintained throughout the entire term of the contract. Coverage will be provided by a company, or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self- insurer, the County may recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance,providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition,the Contractor may be required to submit updated financial statements from the fund upon request from the County. Worker's Compensation Statutory Limits Employers Liability $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease Policy Limits $500,000 Bodily Injury by Disease, each employee General Liability, including $ 1,000,000.00 Combined Single Limit Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Business Automobile Liability $300,000 Combined Single Limit (Owned, non-owned, and hired vehicles) If split limits are preferred: $200,000 per Person $300,000 per Occurrence $200,000 Property Damage Page 40 of 72 1608 MONROE COUNTYBOARD OF COUNTY COMMISSIONERS,1100SIMONTONSTREET, KEY WEST, FL 33040 SHALL BE NAMED CERTIFICATE HOLDER AND AS AN ADDITIONAL INSURED ONALL POLICIES EXCEPT WORKER'S COMPENSATION. INDEMNIFICATION,HOLD HARMLESS AND DEFENSE. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, Contractor 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 Contractor 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 Contractor or any of its employees, agents, sub-contractor's or other invitees, or (C) Contractor'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, sub- contractors or invitees (other than Contractor). 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 Agreement, this indemnification will survive the expiration of the term of the Agreement or any earlier termination of the Agreement. In the event that the term of this Agreement is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor 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 AGREEMENT. PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal. PROPOSER Sign Page 41 of 72 1609 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 42 of 72 1610 DRAFT AGREEMENT CONCESSION AGREEMENT FOR A MOBILE BEACHFRONT CONCESSION AT HIGGS BEACH, MONROE COUNTY, FLORIDA THIS CONCESSION AGREEMENT("Agreement")is made and entered into this day of , 2024,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 , a hereinafter referred to as "Concessionaire" or "Contractor" or "Lessee", whose address is WHEREAS, County is the owner of the Clarence S. Higgs Memorial Beach Park,hereafter "Higgs Beach", that has space(s) available for mobile concession; and WHEREAS, County advertised via the competitive solicitation process a Request for Proposals ("RFP") for a Mobile Beachfront Concession at Higgs Beach, through which Concessionaire was awarded this concession agreement; and WHEREAS, County desires to grant to Concessionaire the right to operate a non-exclusive Mobile Beachfront concession at Higgs Beach at Key West, Florida, and WHEREAS, the Concessionaire desires to enter into a Mobile Beachfront Concession Agreement and represents to the County that it is qualified to operate a concession and has the financial resources to undertake such an operation; NOW, THEREFORE, IN CONSIDERATION of the premises and of mutual covenants and promises hereinafter contained, the parties do hereby agree as follows: 1. Premises. The County hereby agrees to provide to Concessionaire the area identified and shown on Exhibit"A", hereafter the "Premises", for use as a Concession. Exhibit "A" is attached to this agreement and incorporated by reference. The mobile Beachfront Concession shall be located at least fifty (50) feet away from other concessions located at Higgs Beach. 2. Agreement Documents. The documents, of which this agreement is a part, 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 and required licenses. In the event of a discrepancy between the documents,precedence shall be determined by the order of the documents as just listed. 3. Scope of Work and Regulations. The Concessionaire is hereby authorized to conduct and does hereby agree to operate the business and provide the services described in Exhibit B in this Agreement,that are subject to all the terms, conditions and provisions of this Agreement. Additionally, Concessionaire shall: Page 43 of 72 1611 a) Include a list of all products, services and pricing proposed to be available for sale or rent at the concession. The Concessionaire will not sell or rent any type of merchandise or equipment prohibited by the County and will sell or rent only the type of merchandise or equipment approved by the County. The rental or selling of fishing equipment is not permitted, and the rental of motorized vessels is prohibited. b) The Concession will rent beach equipment to include but not limited to beach chairs, lounge chairs, and umbrellas, approved leisure and/or recreational beach activities. Optional sale of beverages including water, non-alcoholic drinks and other appropriate island themed merchandise. County reserves the right to award a non-exclusive concession agreement to one (1) or more Respondents. c) The Concessionaire shall provide all items, and/or equipment, and/or services needed for the operation of the concession. The operation must be open for service every single day from 10:00 A.M. till sunset, as a maximum, with closing for Thanksgiving Day and Christmas day optional. Closures may also be allowed due to inclement weather, unforeseen circumstances, or events with written approval from the County Administrator or designee. The hours and days may be revised with written approval from the County Administrator or designee. For purposes of setting up the concession in the morning and closing the concession in the evening, Concessionaire may arrive one half hour prior to, and depart no later than one half hour after,the hours of operation. No utility services will be provided by the County; the Concessionaire 's operation shall be self-contained and include removal of all debris and trash from the concession on a daily basis. However, if available, Concessionaire can arrange for utility service at Concessionaire 's sole cost and expense with written permission from the County. In this instance, Concessionaire shall be liable for any and all costs of establishing and maintaining the service, including permitting, as well as securing the service after Concessionaire's hours of operation. Provide a self-contained, portable unit from which to operate the concession. A photo or rendering of said unit shall be provided with submission. The concession must be roadworthy for evacuation from the park and, if necessary, properly registered and licensed for over the road use. All items are required to be removed from the premises before the onset of a named storm or at the direction of the Monroe County Emergency Operations Management Director or County Administrator or designee. d) The Concessionaire agrees to furnish good, prompt and efficient service and/or merchandise to meet all demands for concession service at Higgs Beach. Concessionaire 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 Concessionaire must provide an adequate number of covered metal or commercial outdoor plastic waste containers at its operation. Concessionaire shall provide separate containers for waste and for recyclables. Concessionaire must deposit all trash, waste, and recyclables in those containers for proper disposition of the waste and recyclables at the place designated by the County. When the Concessionaire uses disposable serving supplies, they will be produced from recyclable or biodegradable materials. The Concessionaire should give preference to using non-disposable serving supplies. Page 44 of 72 1612 e) No signs, advertising, or awnings may be erected by the Concessionaire, unless they are approved by the County Administrator or Designee County Administrator or Designee in writing. The concession stand will not have commercial lighting of any type, including signage. f) Any use,manufacture,display or other employment of any facsimile or reproduction of the county seal by anyone other than a county official or employee in the course of performing their official duties without express approval by the board of county commissioners,is prohibited. Unauthorized use of the county seal is a second-degree misdemeanor as provided for by F.S. § 165.043. In addition, the county attorney is authorized to pursue civil and equitable remedies including, but not limited to injunctive relief, against any person or entity who uses the seal without proper authorization. If the county prevails in such an action, the court shall award to the county all attorney's fees and costs incurred by the county. g) Smoking shall be prohibited by all concessionaire employees in accordance with Chapter 18, Code of Ordinances. All concessionaire employees and customers must follow the rules set forth in Chapter 18, Code of Ordinances. h) If the Concessionaire chooses to install a security alarm system, it will be of the non- audible type, and approved in writing by the County Administrator or designee. i) 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 Concessionaire must also coordinate and cooperate with State or Federal agencies and sea turtle conservation groups during turtle nesting season, which is usually April 15 through October 31 of every year, and when Save-a-Turtle representatives and/or Certified Turtle Inspectors, are walking the beaches. It is important that the Concessionaire understand these environmental regulations. The Concessionaire will abide by all local, state, and federal regulations and statutes governing the protection of natural and cultural resources. The Concessionaire is liable for violation of these regulations or statutes. j) The Concessionaire is responsible for the sole costs and expenses and any maintenance of the Concessionaire's operation, including any utilities required for its operation and the equipment used by Concessionaire and/or offered for rental. All accessories and equipment applicable to Concessionaire's concession operation (tables, canopies, chairs, etc.) shall be clean and in good working condition at all times. All rental equipment shall meet strict safety standards, and equipment which is broken, or a potential safety risk, shall be removed immediately. The Concessionaire will be responsible for insuring equipment is safe and meets all regulated safety requirements. The Parks and Beaches Director or Assignee reserves the right to remove equipment from the beach at any time if it does not meet minimum service or appearance standards. k) Concessionaire shall agree to pay the County as reflected in Paragraph 5: (i) a monthly rent, not to be less than $623.00 a month,plus; ii)a percentage of Gross Taxable Sales,not to be less than 7.5%, and/or guaranteed monthly minimum, not to be less than $2,000.00. Page 45 of 72 1613 The percentage of Gross Taxable Sales/guaranteed 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 25th 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 31 st. In the event of a deflationary CPI- U, no adjustment in the Concession Agreement amount will be made. 1) Concessionaire's site location for Respondent's mobile retail concession operation that is at least fifty (50)feet away from other concessions located at Higgs Beach as depicted on Exhibit "A" attached hereto. Concessionaire 's items and equipment must be removed from its location at the end of each day or secured in a location within Concessionaire 's concession space in such a manner as to not interfere with daily beach cleaning operations. Concessionaire 's location at Higgs Beach will be subject to County approval and may be relocated at any time at the County's sole discretion for any reason. m) Insurance. Before entering the Premises, the Concessionaire must obtain insurance in the amounts and according to the conditions described as follows: The Lessee will be responsible for all necessary insurance coverage which includes, at minimum the amounts in Exhibit C to this Agreement. n) Certificates of Insurance must be provided to Monroe County within fifteen (15) days after award of proposal,with Monroe County BOCC listed as an additional insured on all policies, except Workers Compensation. If the proper insurance forms are not received within the fifteen(15) days,the proposal may be awarded to the next selected respondent. All forms of insurance required above shall be from insurers acceptable to the County. Concessionaire cannot begin operating until Certificates of Insurance have been received by the County. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Lease. Renewals of Certificates of Insurance and/or new Certificates of Insurance must be provided by Concessionaire no less than seven (7) days prior to expiration of the Certificates of Insurance. o) 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. p) The Concessionaire 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 Concessionaire 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 Page 46 of 72 1614 the Facilities Contract Manager, as appropriate, whenever acquired, amended, and annually during the term of this Lease. q) The insurance required of the Concessionaire 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 Concessionaire. 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 Concessionaire if the Concessionaire 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. r) Notwithstanding anything set forth in this agreement, the County may treat the Concessionaire in default if the Concessionaire, after entering the premises but before beginning its operation, does not have the insurance required by this agreement. Before the County may terminate the agreement in this situation, the County may give the Concessionaire a written notice of the default stating that, if the required insurance is not obtained within forty-eight(48) hours of the Concessionaire's receipt of notice, then the County will cancel this agreement. The County may treat the Concessionaire in default and cancel this agreement if the Concessionaire, after starting the operation, fails to keep in full force and effect the insurance required by this agreement, in which case, County need only provide the Concessionaire 24-hour notice by E-Mail or overnight courier. The County may,but need not,provide Concessionaire with an opportunity to cure the default. s) 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 County herein reserves the right to grant similar privileges to another Contractor/Concessionaire or other Contractors/Concessionaires. t) At the end of this agreement(or termination or end of any subsequent renewal), or if this Agreement is otherwise terminated, the Concessionaire's right to the Premises, the use of Higgs Beach, and any other right or privilege granted under this agreement ceases. All equipment, improvements, furnishings, and other property of the Concessionaire at the Premises are personal to the Concessionaire and remain the property of the Concessionaire and must be removed by the Concessionaire on or before the end or termination of this Agreement (or end of any subsequent renewal). Any items remaining after the date of termination (or end of any subsequent renewal) will become property of the County and the County may dispose of accordingly. The Concessionaire must also restore the Premise to its original condition, ordinary wear and tear and damage by causes beyond the control of the Concessionaire, excepted. At the end of this agreement(or any renewal), or if this Page 47 of 72 1615 Agreement is otherwise terminated, Concessionaire will voluntarily and peacefully yield to County the Premises and shall automatically revert to County. 4. Term. This Agreement shall commence on the 2025, and will terminate on the day of ,2027,unless terminated earlier under another paragraph of this agreement. This Concession Agreement may be renewed, at the County's sole discretion, contingent upon written approval of the Monroe County Board of County Commissioners (BOCC) at the County's sole discretion,for up to three(3)additional two(2)year terms after written request by the Concessionaire, provided at least sixty (60) days prior to termination of the Agreement or any subsequent renewal thereof. 5. Rental and Fees. (a) 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 $ Dollars per month and payable in advance to Monroe County BOCC 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 Concessionaire pursuant to the provisions of this Concession Agreement. . Rental Amount To: Monthly Rent: $ Monthly Applicable Use tax: $ TOTAL Rent: $ "Current rate as of 01/01/2025: 3.5% (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, Concessionaire agrees to pay County % of the monthly gross taxable generated by Concessionaire's operation of the mobile beachfront concession space as shown on Exhibit"A", or a guaranteed combined total minimum of$ per month.. Monthly gross revenues are determined on a monthly basis. A calendar year shall run from January 1st through December 31st inclusive. Payment of charges under this subparagraph shall be made in monthly installments. A statement, including proof of monthly revenue and a log documenting days and hours of operation, shall be provided by the Concessionaire to the County 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 Concessionaire's Gross receipts from the Premises during the previous month. The Statement must be in affidavit form. Concessionaire shall remit monthly on an arrears basis the greater amount of either % of gross taxable sales or the monthly guaranteed minimum of$ . 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 Concessionaire must Page 48 of 72 1616 provide the County with the sales tax records for each month or quarter depending on Concessionaire's filing requirements and remit the difference. Concessionaire is subject to a fifty- dollar ($50.00) late submission penalty should Concessionaire not furnish to County 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, goods, and rentals, at or derived from the use of the Premises by Concessionaire or any sub-Concessionaire or subcontractor, licensee, etc. Concessionaire 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. Percentage of Gross Taxable Sales or Total Minimum To Monroe County BOCC % due the 251h of the following month $ Or guaranteed total minimum due the 251h of the following month $ (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 Concession Agreement 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., Ste. 209, Key Largo, FL 33037. (d) Concessionaire must open the operation for business within thirty (30) days of the effective date of this Agreement. (e) The Concessionaire must pay all assessments, taxes, including sales taxes (including but not limited to, commercial sales tax and sales tax on commercial rent), levied by any governmental body with the power to impose assessments or taxes. The Concessionaire must provide the County with the sales tax records for each month or quarter depending on Concessionaire's filing requirements. (f) The amounts due under sections 5(a), 5(b), and 5(e) 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. (g) The Concessionaire must provide all items and equipment needed for the operation, including but not limited to, self-contained, portable unit from which to operate the concession, mobile beach chairs, lounge chairs, umbrellas, approved leisure and/or recreational beach activities, and necessary equipment for operations. Concessionaire's items and equipment may be secured in a location within Concessionaire's concession space, as agreed upon with the County, in such a manner as to not interfere with any daily beach cleaning operations and/or County's operations. All property of any kind that may be on the premises during the term of this Agreement shall be at the sole risk of the Concessionaire. The County shall not be liable to the Page 49 of 72 1617 Concessionaire or any other person for any injury, loss or damage to property or person on or around the premises and/or as a result of Concessionaire's operations. The Concessionaire is responsible for the sole costs and expenses of the Concessionaire's operations, including any utilities required for its operation and the equipment used by Concessionaire and/or offered for rental. All accessories and equipment applicable to Concessionaire'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 apotential safety risk,shall be removed immediately. The Concessionaire will be responsible for ensuring equipment is safe and meets all regulated safety requirements. Concessionaire shall be responsible for and shall properly maintain the premises, and upon the termination of this Concession Agreement, shall leave the premises in at least as good condition as at the time of the commencement of this Concession Agreement,normal use and occupancy excepted. 6. Force Maieure. Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Parry's control,without such Parry's fault or negligence and that by its nature could not have been foreseen by such Parry or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Premises; (d) government order or law in the geographic area of the Premises; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Premises;(each, a "Force Majeure Event"). Concessionaire's financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Concessionaire under this Section. The County will not pay additional cost as a result of the Force Majeure Event. Accordingly, the parties further agree that: (a) Upon the occurrence of a Force Majeure Event, the non-performing parry 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 parry 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 parry shall notify the other parry of the occurrence of such event and describe in reasonable detail the effect(s) of such event upon the parry's performance of its obligations and duties pursuant to this Agreement. Such notice shall be delivered or otherwise communicated to the other parry within two(2)business days following the failure or delay caused by the Force Maj eure Event, or as soon as possible after such failure or delay if the Force Majeure Event precludes the non-performing parry from providing notice within such time period. 7. Personnel. (a) Concessionaire's employees must consent to Level 1 background checks to be conducted by the Respondent and the results are to be provided to the County. The County reserves the right to refuse personnel based on results of the background check. The County reserves the right to demand of the Concessionaire replacement of an employee for the Concessionaire if a conflict or problem with that employee should arise. The County's Parks and Beaches Director or his assignee shall have the right to require any employee(s) of the Concessionaire to be Page 50 of 72 1618 permanently removed from the Higgs Beach premises whenever it appears to be in the best interest of the County. It is the responsibility of the Concessionaire to inform the Parks and Beaches Director or his assignee of all new hires and the results of the background check. (b) The Concessionaire 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. (c) Communication between the County Representative and the concession personnel is very important. Therefore, the Concessionaire must assure that at least one (1) concession personnel can communicate well with the County Representative. Any employee hired by the Concessionaire will be the Concessionaire's employee and in no way has any association with the County. The Concessionaire 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. (d) Uniforms are preferred for concession personnel; however, photo identification cards are required,which shall clearly identify personnel as employees of the Concessionaire. This requirement shall apply upon entering County property and at all times while on duty. (e) Concessionaire/Respondent further agrees to notify the County immediately upon becoming aware that one of its employees, who previously completed the background check, is subsequently arrested or convicted of any crime. Failure by Concessionaire/Respondent to notify County of such arrest or conviction within forty-eight (48) hours of being put on notice by the employee and/or within five (5) days of its occurrence shall constitute grounds for immediate termination of this Concession Agreement by County. The parties further agree that failure by Concessionaire/Respondent to perform any of the duties described in this paragraph shall constitute a material breach of the contract entitling County to terminate this contract immediately with no further responsibility to make payment or perform any other duties described herein. (f) The parties further agree that failure by Concessionaire to perform any of the duties described in this section shall constitute a material breach of the contract entitling County to terminate this contract immediately with no further responsibility to make payment or perform any other duties described herein. 8. Hours of Operations. (a) The Concessionaire agrees to furnish good, prompt and efficient service and/or merchandise to meet all demands for Mobile Beachfront Concession service at Higgs Beach. Concessionaire 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. (b) 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 every single day from 10:00 A.M. till sunset, as a maximum, with closing for Thanksgiving Day and Christmas day optional. Closures may also be allowed due to inclement weather, or events with written approval from the County Administrator or designee. The hours and days may be revised with written approval from the County Administrator or designee. For purposes of setting up the concession in the morning and closing the concession in the evening, Concessionaire may arrive one half hour prior to, and depart no later than one half hour after, the hours of operation. No utility services will be provided by the County; the Respondent's operation shall be self-contained and include removal of all debris and trash from the concession on a daily basis. However, if available, Page 51 of 72 1619 Respondent can arrange for utility service at Respondent's sole cost and expense. In this instance, Respondent shall be liable for any and all costs of establishing and maintaining the service, including permitting, as well as securing the service after Respondent's hours of operation. Provide a self-contained, portable unit from which to operate the concession. A photo or rendering of said unit shall be provided with submission. The concession must be roadworthy for evacuation from the park and, if necessary,properly registered and licensed for over the road use. All items are required to be removed from the premises before the onset of a named storm or at the direction of the Monroe County Emergency Operations Management Director or County Administrator or designee. 9. Use and Conditions . (a) Concessionaire shall provide a self-contained, portable unit (unit) from which to operate the concession. as depicted in Exhibit B. The unit to be utilized on the premises must be approved in writing by the County Administrator or Designee prior to being placed on the premises. and must be in substantial conformance with the depiction attached to the Concession Agreement as Exhibit B. The unit shall be located on the premises as depicted on the site plan in Exhibit A. The concession must be roadworthy to meet any requirements for evacuation/removal from Higgs Beach and, if necessary,properly registered and licensed for over the road use. (b) All items are required to be removed from the premises before the onset of a named storm or at the direction of the Monroe County Emergency Operations Management Director or County Administrator or designee. (c) Concessionaire's operation shall be self-contained and include removal of all debris and trash from the concession and operation areas on a daily basis. The Concessionaire must provide an adequate number of covered metal or commercial outdoor plastic waste containers at its operation. Concessionaire shall provide separate containers for waste and for recyclables. Concessionaire must deposit all trash, waste, and recyclables in those containers for proper disposition of the waste and recyclables at the place designated by the County. (d) No utility services will be provided by the County; however, if available, Concessionaire can arrange for utility service at Concessionaire's sole cost and expense, with written approval from the County Administrator or Designee. In this instance,Concessionaire shall be liable for any and all costs of establishing and maintaining the service, including permitting, as well as securing the service outside of Concessionaire's hours of operation. (e) Concessionaire agrees to keep the premises in a safe, clean and well-maintained order at no expense to the County. This provision is to be monitored by the Director of Parks and Beaches or his representative. Concessionaire further agrees to operate its business in a businesslike manner. (f) Concessionaire agrees to operate its business in a businesslike manner. (g) In the event the County elects to maintain and/or improve its properties in the vicinity of the Premises, either by necessity, or by choice, such activity will not be considered as a breach of any covenant of this agreement. Concessionaire understands and acknowledges that construction/renovation/maintenance projects are planned for Higgs Beach. Page 52 of 72 1620 (h) Concessionaire agrees not to store any items outside the Premises or in any adjoining area. Any items Concessionaire, its employees, agents, invitees, etc., leave on the premises are the sole risk of Concessionaire. County is not responsible for or liable for any items on the premises. (i) County and Concessionaire acknowledge that, unless otherwise provided for herein,the operating procedures, organization, supervision, direction, and control for the Premises shall rest with the Concessionaire. 0) Concessionaire acknowledges that County, its employees and agents, shall have reasonable access to the Premises to confirm compliance with this Agreement throughout the term of this Agreement and that such access shall not interfere with Concessionaire's use thereof. 10. County's Termination. Except as otherwise provided herein, the County may cancel this agreement after giving the Concessionaire thirty (30) days' written notice of cancellation for any reason. No waiver of default by the County of any of the obligations required of the Concessionaire 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 Concessionaire. The County's waiver of an act of default by the Concessionaire is not a waiver of the right of the County to later cancel this agreement because of the Concessionaire's failure to subsequently perform an obligation or obligations under this Agreement. 11. Concessionaire's Termination. If the Concessionaire is not in default of its obligation to pay the rent and the charges, then the Concessionaire may cancel this agreement when, after giving the County thirty (30) days written notice of an act of default, the County fails or cannot cure, or fails to timely perform, the obligations required of it under this Agreement. Concessionaire's final location at Higgs Beach will be subj ect to County approval and may be relocated at any time at the County's sole discretion. County reserves the right to award a non- exclusive concession agreement to one (1) or more Concessionaire(s). Neither of these will constitute a breach by County of any covenant of this Agreement. 12. Insurance. (a) Concessionaire shall obtain and maintain at its own expense the insurance coverages listed in Exhibit -C prior to commencing operation. All insurance requirements provided for in this Agreement shall be subject to annual review. (b) The Concessionaire 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 Concessionaire 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 Concession Agreement. Page 53 of 72 1621 (c) The insurance required of the Concessionaire in this Agreement 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 Concessionaire. 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 Concessionaire if the Concessionaire 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. 13. Non-Exclusive Rights. Notwithstanding anything herein contained that may be, or appear to be, to the contrary, it is expressly understood and agreed that the rights granted under this agreement are nonexclusive and the County herein reserves the right to grant similar privileges to another Contractor/Concessionaire or other Contractors/Concessionaires. 14. Rights Upon Termination. At the end of this agreement(or termination or end of any subsequent renewal), or if this Agreement is otherwise terminated, the Concessionaire's right to the Premises, the use of Higgs Beach, and any other right or privilege granted under this agreement ceases. All equipment, improvements, furnishings, and other property of the Concessionaire at the Premises are personal to the Concessionaire and remain the property of the Concessionaire and must be removed by the Concessionaire on or before the end or termination of this Agreement(or termination or end of any subsequent renewal). The Concessionaire must also restore the Premise to its original condition, ordinary wear and tear and damage by causes beyond the control of the Concessionaire, excepted. At the end of this agreement (or any renewal), or if this Agreement is otherwise terminated, Concessionaire will voluntarily and peacefully yield to County the Premises and shall automatically revert to County. 15. County's Right of Entry. County 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 County's obligations under this agreement or in the exercise of its governmental functions. The Concessionaire 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 County to do so. 16. Use Restrictions. The Contractor acknowledges that the premises were purchased and/or constructed with funds received from the LWCF. 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 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 Concessionaire must cease operations which are determined to 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 54 of 72 1622 All fees charged by the Contractor/concessioner to the public must be competitive with similar private facilities. Contractor specifically acknowledges receipt of this section. Initials 17. Rights Reserved. Rights not specifically granted to Lessee by this Lease Agreement are reserved to the Lessor. 18. Rights of County. The County shall have the absolute right, without limitation, to repair, reconstruct, alter or add to any structure or facility at Higgs Beach, or to construct new facilities at Higgs Beach. The County shall, in the exercise of such right, be free from any and all liability to the Concessionaire for business damages occasioned during the making of such repairs, alterations and additions. 19. Assignment. The Concessionaire may not assign this agreement, or any part of it, or subcontract or sublease the Premises, or any portion of the Premises, without the written approval of the County. The change of the Concessionaire's status from an individual to a partnership or corporation is an assignment under this paragraph requiring the County's approval. If the Concessionaire is approved to do business in the corporate form, any assignment of a controlling interest in the corporate stock is also an assignment under this paragraph that requires the County's approval. All the obligations of this agreement will extend to the legal representatives, successors, and assigns of the Concessionaire and County. 20. Indemnification/Hold Harmless/Defense. The Concessionaire 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 Concessionaire utilizing the property governed by this agreement. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 21. Nondiscrimination. Concessionaire agrees that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the Court order. County and Concessionaire agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin; 2) Title IX of the Education Amendment of 1972, as amended(20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended(20 USC s. 794),which Page 55 of 72 1623 prohibits discrimination on the basis of disability; 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 Concession Agreement. During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows: 1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment,without regard to their race, color,religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment,upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information,unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or workers' representative of the contractor's commitments Page 56 of 72 1624 under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books,records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (87) in every subcontract or purchase order unless exempted by rules,regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency,the contractor may request the United States to enter into such litigation to protect the interests of the United States. 22. Mechanic's Liens. The Contractor 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 Contractor 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 County. 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. 23. Records —Access and Audits. The County, its officers, employees, agents, and contractors shall have access to the Concessionaire's books,records, and documents related to this Concession Agreement upon request. The access to the inspection of such books, records, and documents by the County shall occur at any reasonable time. 24. Records. Concessionaire shall maintain all books,records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. County shall have reasonable and timely access to such records of Concessionaire during the term of the Agreement and for seven(7)years following the termination of this Agreement. An annual operating statement prepared and certified by a Certified Public Accountant(CPA)must be provided to the County on or before February 28 of the following year Page 57 of 72 1625 and shall include with reasonable detail the amount of Gross Sales made by Concessionaire from the Premises during the preceding Concession Agreement Year. 25. Ri2ht to Audit. Availability of Records. The records of the parties to this Agreement, 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 f 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 the County 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 the County'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 County's representative and/or agents of the County or the County Clerk. County 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 end and/or termination of this Agreement and any and all subsequent renewals or extensions. The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Agreement. 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, or not paid to the County by the Contractor when due, 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 or monies were owed to County, as applicable. The right to audit provisions survive the termination or expiration of this Agreement. 26. Intellectual Property. Concessionaire understands that the County's name, logos, seals, trademarks, Higgs Beach name, etc., (collectively the "County's Marks") are the sole and exclusive property of the County and cannot not be used without the Board of County Commissioner's prior written consent. 27. Limitation on Damages. If a court of competent jurisdiction determines the County is legally liable to the Concessionaire for breaching this Agreement, the Concessionaire agrees that damages for any such breach will be limited up to the equivalent of one year's rent. 28. Relationship of Parties. The Contractor is, and shall be, an independent contractor and not an agent or servant of the County. The Contractor shall exercise control, direction, and supervision over the means and manner that its employees, agents, or volunteers perform the work for which purpose this Concession Agreement is entered. The Contractor shall have no authority whatsoever to act on behalf and/or as agent for the County in any promise, lease, agreement, contract, or representation other than specifically provided for in this Concession Agreement. The County shall at no time be legally responsible for any negligence on the part of the Contractor, its Page 58 of 72 1626 employees, agents, or volunteers resulting in either bodily or personal injury or property damage to any individual,property, or corporation. 29. Subordination. This Concession Agreement 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 Concession Agreement or adopted after that date. 30. Premises to be Used for Lawful Purposes. It is expressly covenanted between the parties hereto that the Contractor will not use,suffer nor permit any person to use in any manner whatsoever the premises, nor any portion thereof, for purposes calculated to injure the reputation of the 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 the City of Key West or the Ordinances of Monroe County, Florida, as applicable. Contractor will keep and save the County forever harmless from any penalty or damage or charges imposed for any violation of any of said laws, whether occasioned by neglect of Contractor and Contractor will indemnify and save and keep harmless the County 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 Premises or any part thereof by Contractor. The Contractor hereby covenants and agrees that it, its agents, employees or otherwise shall observe and obey all lawful rules and regulations which may from time to time during the term hereof be promulgated and enforced by the County. 31. Limitation of County's Liability. It is further agreed that in no case shall the County herein be liable,under any express or implied covenants in the Concession Agreement, for any damages whatsoever to the Concessionaire beyond the rent reserved by the Concession Agreement accruing, for the act, or breach of covenant, for which damages may be sought to be recovered against said County, and that in the event said Concessionaire shall be ousted from the possession of said property by reason of any defect in the title of said County or said County's authority to make this Concession Agreement, said Concessionaire shall not be required to pay rent under this Concession Agreement while it is so deprived of said property,and that said County 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 Concession Agreement 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. County and Concessionaire 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. Page 59 of 72 1627 34. Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of County and Concessionaire and their respective legal representatives, successors, and assigns. 35. Authority. Each parry 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. County and Concessionaire agree that County shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Concession Agreement or for any governmental purpose. 37. Adiudication of Disputes or Disagreements. County and Concessionaire 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 parry shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of paragraph 10 concerning termination or cancellation. 38. Cooperation. In the event any administrative or legal proceeding is instituted against either parry relating to the formation, execution,performance, or breach of this Agreement, County and Concessionaire agree to participate, to the extent required by the other parry, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Concessionaire specifically agree that no parry to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 39. Covenant of No Interest. County and Concessionaire 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. County and Concessionaire warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, Concessionaire agrees that County 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. Page 60 of 72 1628 42. Public Access and Public Records. The Parties agree the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24, Article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119,Florida Statutes and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing parry, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Section 119.0701, Florida Statutes and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion or termination of the contract,transfer,at no cost,to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract,the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County,but if the County does not possess the requested records,the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by Page 61 of 72 1629 the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody,release, alter, destroy or otherwise dispose of any public records unless otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, AT: MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH STREET, SUITE 408, KEY WEST, FL 33040, publicrecords@monroecounty- fl.gov, (305) 292-3470. 43. Non-Waiver of Immunity.Notwithstanding the provisions of Sec. 768.28,Florida Statutes, the participation of the County and the Concessionaire in this Agreement and/or 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 County 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 County, when performing their respective functions under this Agreement within the territorial limits of the County, 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 County. 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 County, 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 County and Concessionaire agree that neither the County nor Concessionaire 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 62 of 72 1630 47. Attestations. Concessionaire agrees to execute such documents as the County may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, a Drug-Free Workplace Statement, and a Vendor Certification Regarding Scrutinized Companies List certification. 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. Other Use. Concessionaire 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. 50. 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. 51. Notices. All written correspondence to the County shall be dated and signed by an authorized representative of the Concessionaire. Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified,return receipt requested and postage pre-paid, or by courier with proof of delivery and delivery pre-paid. Notice is deemed received by Concessionaire when hand 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. 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 persons: For County: For Concessionaire: Monroe County Parks and Beaches Contract Specialist 102050 Overseas Hwy.,209 Key Largo, FL 33037 and Monroe County Attorney's Office P.O. Box 1026 Key West, FL 33041-1026 and Monroe County Administrator 1100 Simonton Street Key West, FL 33040 Page 63 of 72 1631 52. 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 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. 53. 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-parry claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and Concessionaire agree that neither the County nor Concessionaire 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. 54. Rights Reserved. Rights not specifically granted to Concessionaire by this Concession Agreement are reserved to the County. 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 Agreement, the County and Concessionaire agree that venue will lie in the appropriate court, or before the appropriate administrative body, in Monroe County, Florida. 56. Attorney's Fees and Costs. The County and Concessionaire agree that in the event any cause of action or administrative proceeding is initiated or defended by any parry relative to the enforcement or interpretation of this Agreement, the prevailing parry shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing parry, 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. County does not agree to waive its sovereign immunity. 57. Mutual Review. This Agreement has been carefully reviewed by the Concessionaire and the County. Therefore,this Agreement is not to be construed against either parry 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 subj ect matter hereof that are not merged herein and superseded hereby. Any Page 64 of 72 1632 amendment to this Concession Agreement 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. 60. Acceptance of terms per signature. The Concessionaire agrees with and accepts the terms and conditions of this Agreement by its signature below. 61. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which will be deemed to be an original,but all of which when taken together will constitute the Agreement. If any signature is delivered by email delivery of a ".pdf' format data file, such signature will create a valid and binding obligation of the parry executing (or on whose behalf such signature is executed) with the same force and effect as if the ".pdf' signature was an original signature. The Concessionaire transmitting an electronic signature will provide the inked original to the County, at the County's request. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURES ON NEXT PAGE] Page 65 of 72 1633 IN WITNESS WHEREOF, each parry has caused this Agreement to be executed by a duly authorized representative. COUNTY: (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor/Chairman CONCESSIONAIRE: Witnesses for CONCESSIONAIRE: Printed Name of Entity Signature of person authorized to Signature legally bind Corporation/Entity Date: Print Name Date Print Name Title Address: Signature Telephone Number Print Name Date Page 66 of 72 1634 EXHIBIT A PREMISES IWO l ✓�Iuoi/i� � I (/��aaaa�r�1J/lei l �%/ �i, I�i I�� IIIIIIIII uuuuuum I ryil yi r r V , f *The area depicted above is for demonstrative purposes only. Final demised premises shall be at County's sole discretion and in no event shall consist of more than 400 sq. ft. Page 67 of 72 1635 EXHIBIT `B" Business Plan, Scope of Work and Depiction of Storage Unit TO BE DETERMINED Page 68 of 72 1636 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 Management operations,the Organization/Individual shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this 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 agreement and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate termination of the 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 Organization/Individual'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 notsubjectto 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 69 of 72 1637 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 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 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 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 70 of 72 1638 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 agreement, the Organization/Individual shall purchase Business Automobile Liability Insurance. Coverage shall be maintained throughout the life of the Agreement and include, as a minimum, liability coverage for: • Owned, Non-Owned, and Hired Vehicles • Physical Damage Protection (if the property is a County-owned vehicle) The minimum limits acceptable is: $300,000 Combined Single Limit(CSL) ACV for Physical Damage If split limits are provided, the minimum limits acceptable shall be: $200,000 per Person $300,000 per Occurrence $200,000 Property Damage The Monroe County Board of County Commissioners will be named as Additional Insured on all policies issued to satisfy the above requirements except for Workers Compensation. Page 71 of 72 1639 WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY,FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor will obtain Workers' Compensation Insurance with limits sufficient to respond to applicable Workers' Compensation state statutes and the requirements of Chapter 440, Florida Statutes. In addition, the Contractor will obtain Employers' Liability Insurance with limits of not less than: $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease,policy limits $500,000 Bodily Injury by Disease, each employee Coverage will be maintained throughout the entire term of the contract. Coverage will be provided by a company, or companies authorized to transact business in the state of Florida. If the Contractor has been approved by Florida's Department of Labor, as an authorized self- insurer, the County may recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance,providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition,the Contractor may be required to submit updated financial statements from the fund upon request from the County. Worker's Compensation Statutory Limits Employers Liability $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease Policy Limits $500,000 Bodily Injury by Disease, each employee General Liability, including $1,000,000.00 Combined Single Limit Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Business Automobile Liability $300,000 Combined Single Limit (Owned, non-owned, and hired vehicles) If split limits are preferred: $200,000 per Person $300,000 per Occurrence $200,000 Property Damage Page 72 of 72 1640 Proposal For Mobile Beachfront Concessions At Higgs Beach, Monroe County, Florida Salute Watersports, LLC, a Florida limited liability company Richard W. Hatch III, Manager Suanne Kitchar, Manager 729 Thomas Street Key West, Florida 33040 305-304-6687 l3lue eaven729(,,, ail.co 1641 INDEX Tab Business Plan for Proposed Concession .................................... 001 Qualifications and Experience .................................................. 002 Shareholders.................................................................A Officers and Directors ...................................................B Years of Operation ........................................................C Customer References.....................................................D Credit References ..........................................................E ProjectHistory ..............................................................F Litigation Answers.........................................................G Legal Risk Evaluation........................................................ 003 Compatibility of the proposed goods/services with other vendors ............................................................ 004 Anticipated Revenue to the County ................................... 005 Local Preference ................................................................ 006 County Forms and Licenses .............................................. 007 ProposalForm................................................................... County Forms Affidavit ..................................................... Local Preference Form ....................................................... Proposers Insurance and Indemnification Statement......... Insurance Agent's Statement............................................. Respondent's Licenses ...................................................... Financial Information........................................................ 008 1642 Tab 1 Business Plan for Proposed Concession 1643 dq d� Dear Monroe County,, We have operated the chair and umbrella concession stand on Higgs Beach since 2019. We love Higgs beach with the new sand and would cfl m a like to continue chairs and want space and we try to please our guests. We would also like to continue as stewards of the beach pavilions. We offer the pavilions to non-profits including Samuel's House, Boys and Girls Club and Reef Relief at no charge. We charge $25 for families doing picnics, reunions and are careful to work with locals that bring their own on Sundays that are free and the positive local feedback has been amazing. We hope we can continue the beach concession at Higgs Beach. ., 'M µi Y li a r u /Jf ��l I'�i i�i�q j��������,ry��,17i1/��������/r�,!�l�%/l�/jl%�ii/Y✓l���rl air V �,r.ri/��/f ;,1�^ r bii�i/cr �s; : < ru �v���� "✓� 'l/ P 1645 1{ r s a I ' I r � N +r " 7�i GinrY�awr'�Gry 1646 N aUvuuaa�n�nacauw<uduueuM�. l �/ /i l i air„rr, it Iu t v M x 1647 Tab 2 Qualifications and Experience 1648 Share holders: Richard Hatch and Suanne Kitchar 1649 Officers and Directors: Richard Hatch and Suanne Kitchar 1650 V- LO cfl Detail by Entity UaITICe n r f VmmirVda @ muniflu"d II oabiiliity,Compmmim y S,A JVLW"II E WWWWA IE IFR°3FI'GIRIIF W IILLW E'W icliurneimat II41 urn ber ILW 900011I6,9482 FEVEIN I i xini"7i lbe it WWJP FI'Vr_III EwJID, FOR Om Date Red C:WWW�UWEM019 Effective e t amp 1016/2 7120°19 stous ACT NE I 1000,A ILAIII I IIIIC IIE L.WW'D, KEY WWWWIE'MS"1Im FL 3FWW140 IkE:Y Ntl'!W'lES ill, F-II.„„V,31 40 Egg 1FWW T C IIFW„ IIR I WE IFW a FWJIXWWWW„ V II III W'W'W'E 1 WWWWW-BIIFW E S"W lKEY WE':S.'IF FL 3M40 Name u°nrme &Addmss Thlip MiGR HAII-CHII, F V IC AJIz IWE WWGW„ III V III EF"'M 'WIIFWtlI''II'°IIEw ST KEY WESI FL 3M40 1V`iiiWllle MW'EIFE' WWII"1"CIF°VWnaI E''WI ,,V"EME. WE„EW WIG_Vill_ 'WdIIIEm"'NWW'IfWVIIIW F': KEY MW'lI SIIIF°IIL M?E Wnnual_ mm . ns RepM Uar Red Date n- ' ' ' m Lc) tG 210AZA-ILQ R—M III..JII liFill DOCUIVEN 11# L1,9010011,619482 1114air 15, 2024 Einfity Nairrm: SALIL)"Pl: WA..I1...E RS I::::'C,Fi FS IL LC"" Seim I of Stalte 1616271626801CIC Current IIFNrulmmicliilpmml IMace cif Busilllps&: 1:01010 ATILAIN U C: IBILMD KEY WlF::S7", F1 33040 ClUrri,int Wailling Address: 7219 T1�CHMAS !S IF KEY WEST, F:`l 3310410 Flll::::.JlI IlliJumt:ii1eir�: APFILIHED F::GR Nimme airild Address Of CUrreirst Registeric.,wird Agent: 11 IIATCl t,R111C11 WIRDW 11111 170 1 WIH11"ll"ES"Ir KEY WIES�", FL 33C)40 IJS 'Baer,above narned enUry submifs iff0s stalir,�xnenr for ft pwpose lief changwIg it irea hVeted rAce or re Water)w ienr�or bo,th�,w t,he Stale of Pravida. l.;R.;NA 11 1,JIRE: ................................... EllialMronk,'Sigiriawire of IlRegisteired,Agent 113ate AIII,Al-'mr-iized Fkersmni(s� ll)etaH , Fifle INAGIR Tilille NAGIR Nhalrm-' HATCH,R110 MRD W M Nairille 11<11 6'Cll I1AIR,SUAINNE, Address 1701 WHITE ST Address 26.:319 C',UuFVllElW DiRllVli:::: CRy State,,Zijr.x 1-CEY WEST FL 33040 Cllly-SU:deZp: 1[(11:..:,Y WEST I 3304C) 11 hiprip0p cllwtdy llhs ugd,rMtd,CNjj ffiji,q rellocia rorv,los Ifide Do lidaccuW1,189 Md'Mal'Vvilp alleclowillic SNplimifideirp SWIN,hamp dvoq smna,Upgro cWcAr, ais Id macw unidur DOM Uhl WV'IIgionvinianDr olc�examOO PIhs ropo ill us raip pilno ld by 1 6015 1 RbI rmhoSibilW as, v�d ping,raimpbw or orinnaguir uOh IV WmIfeirl huh,010 clo,,nonyw oir,fiiisi Pocopm,q),jr C'V',00jR0q)q' f8li'lir my nal'PRID 0;430,103 011 we,Imd rJO OjIn areadimeni wd,N aU rahmi�hft rm:rqrlrpiNriIr,d & I 115120,24 IGNA'l URE:SUANNE KII'MI,�A!R MCDR 11:1,lectruinic Signiabore F�Iieiirsoiinitls)l Diallailill Years of Operation July 2019 through the present date. See: Eleventh Amendment to Lease Agreement to Extend Lease for Higgs Beach Concession, Key West, Monroe County, Florida, attached. 1654 C✓LA N7 LC AS CX-r�=NSIDN ELEVENTH AMENDMENT TO LEASE AGREEMENT TO EXTEND LEASE FOR _ HIGGS BEACH CONCESSION,KEY WEST,MONROE COUNTY, FLORIDA THIS ELEVENTH AMENDMENT TO LEASE AGREEMENT is made and entered into this Z ,5 day of February, 2025, between MONROE COUNTY, FLORIDA ("CQUNTY"/"LESSOR"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and SALUTE WATERSPORTS, LLC ("CONTRACTOR"/"LESSEE"), a Florida limited liability company, whose address is 1000 Atlantic Blvd., Key West, Florida 33040. WHEREAS, on October 17, 2018, the County entered into a Lease Agreement with Tropical Watersports, LLC, the predecessor in interest, for the operation of a mobile concession on the Clarence S. Higgs Memorial Beach Park, Key West, Monroe County, Florida, (hereinafter "Original Agreement"); and WHEREAS, on July 17, 2019, the Monroe County Board of County Commissioners ('BOCC") approved the Lease Assignment, assumption, and Consent ("Assignment') of the Original Agreement from Tropical Watersports,LLC,to Salute Watersports,LLC,for the operation of a mobile concession on the Clarence S.Higgs Memorial Beach Park,Key West,Monroe County, Florida; and WHEREAS, on December 11, 2019, the BOCC approved the First Amendment to the Original Agreement to renew the term for the first of five (5) optional one-year periods with the term to commence retroactive to October 16, 2019, and terminate on October 15, 2020, and to adjust the CPI-U increase of 1.9%retroactive to October 16, 2019; and WHEREAS, on June 17, 2020, the BOCC approved the Second Amendment to Lease Agreement to abate total monthly rental payments and the 7.5% monthly gross taxable sales payments due by Lessee for the months of March, April, and May 2020, due to Higgs Beach COVID-19 closures;and WHEREAS, on November 17, 2020, the BOCC approved the Third Amendment to the Original Agreement to renew the term for the second of five(5)optional one-year periods with the term to commence retroactive to October 16, 2020, and terminate on October 15, 2021, and to adjust the CPI-U increase of 2.3%; and WHEREAS, on August 18, 2021, the BOCC approved the Fourth Amendment to the Original Agreement to renew the term of the Agreement for the third of the five (5) optional one- year periods with the term to commence on October 16, 2021, and terminate on October 15,2022, and the rental amount was adjusted in accordance annually with the percentage change in the U.S. Department of Commerce Consumer Price Index(CPI-U)for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics at December 31 of the previous year of 1.4%; and WHEREAS,on January 21,2022,the BOCC approved a Fifth Amendment to the Original Agreement to abate one-half(1/2)of the monthly rental payment due by Lessee for a partial month of October 2021 and the full month of November 2021, due to Higgs Beach shoreline restoration project closures, which was initiated by the County; and 1655 WHEREAS, on September 21, 2022, the BOCC approved a Sixth Amendment to, the Original Agreement in which the parties renewed the term for an additional one-year period with the terra to commence on October 16, 2022, and terminate oil October 15, 2023, and the rental amount was adjusted jUsted in accordance with the percentage change ill the U.S. Department of Commerce Consumer Price Index (CPI-U)for all Urban Consumers as reported by the U,S, Bureau of Labor Statistics at December 31 of the previous year of 7%, with the total monthly rental payment increasing to Five Hundred Sixty-five and 52/100 ($565.52) Dollars, with an effective date of October 16, 2022; and WHEREAS, Oil December 7, 2022, the BOCC approved the Seventh Amendment allowing for abatement of a portion of"the monthly rental payment for October 2022 due to the Hurricane lan closures; and WHEREAS, oil September 20, 2023, the BOCC approved the Eighth Amendment to the Original Agreement in which the (7ounty exercised its last option of(5) optional one-year periods with the term commencing on October 16, 2023, and terniinallng on October 15, 2024, and adjusted in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics at December 31 st of the previous year of 6.51YO, with the total monthly rental payment increasing from $565.52 to $602.28 Dollars per month, effective October l6th, 2023; and WHEREAS, on October 16, 2024, the BOCC Approved the Ninth Amendment to the Salute Watersports, LLC Lease Agreement to extend for one (1) additional term, commencing retroactively oil October 15, 2024, and terminating on January 15, 2025, with a 3.4% CPI-U increase in the rent. The monthly payrrient will increase frorn $602.28 to $622.76 per month plus $21.80 (3.5%) sales tax for a total of'$644.57 per month not including the percentage of gross taxable sales; and WHEREAS, on December 11, 2024, the BOCC Approved the Tenth Amendment to the Salute Watersports, LLC Lease Agreement to correct a minor payment calculation that was identified in the monthly payment frorn the Ninth Amendment. The increase in the monthly payment from $602.28 to $622.76, plus the 3,5% sales tax of$21.80, should result in a total of $644.56 per month, rather than $044.57, not including the percentage of gross taxable sales and to extend the current Lease Agreement for all additional term commencing onJauLlary 16, 2025, and terminating on March 16, 2025; and WHEREAS, the County will be issuing a Recluest6or Proposals (RFP) for the concession at Higgs; and WHEREAS, it would be in the County's best interest to extend the amended Agreement until the anticipated start date of the selected contractor from the new RFP, ensuring that services are not disrupted.; anti WHEREAS, the parties have found the Original Agreement, as amended, to be mutually beneficial; and WHEREAS,the parties Find that it would be mutually beneficial to enter into this Eleventh Amendment to Lease Agreement. 1656 NOW THEREFORE, IN CONSIDERATION of` the mutual promises and covenants contained herein, it is agreed as follows. 1. Paragraph 5 of the Original Agreement is hereby amended, and the following sentence will be added, effective on March 15, 2025: This Lease Agreement shall be extended for a (3rd') additional term, cornmeneing on March 15, 2025, and terminating on March 31, 2025. 2. Except as set forth in Paragraph I hereinabove, all other provisions of tile Lease, as amended, not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. (SEAL) BOARD OF COU-NTY COMMISSIONERS Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By: By. 4-- As Deputy Clerk lay r APPROVED AS TO FORM&LEGAL SUFFICIENCY Maw o I ounty Attorney's Office N thalia MeDles Archer Ava ant County Attornoy Witnesses for CONTRACTOR: C NTI CTOR/LESSEE-. S LUT ERSPO TS, LLC A TS S i""a ignatur Sign t neorpe4916"a"uth06Z d to legall bind the Corporation Print Name a Date Date: Print Name and Title Address:- -72-9 -510hyx�S 15� K L a5011+() 5a5- 2 q 6 i3&(0 Signature Telephone Number Print Name and Date 1657 Gmail Richard Hatch<blueheaven729@gmail.com> FW: Salute Watersports LLC Steven Pribramsky <steven@pribramskycpa.com> Wed, Feb 19,2025 at 10:58 AM To:"acevedo-tammy@monroecounty-fl.gov"<acevedo-tammy@monroecounty-fl.gov> Cc: Richard Hatch <blueheaven729@gmail.com>, "Allen-John@monroecounty-fl.gov"<Allen-John@monroecounty- fl.gov>, Kevin Pribramsky<kevin@pribramskycpa.com>, Nicole Ferry <nicole@pribramskycpa.com> r Ms.Acevedo, please find the attached 2023 Annual Operating Statement for Salute Watersports, LLC as well as our CPA firm signed cover letter. We are currently closing the books for 2024 and we can forward that statement once it is completed. Please let me know if there is anything else we can provide on behalf of Salute or Richard Hatch. Thank you Pribram-skyG om an Certified Public Accountants Steven R Pribramsky,CPA,CFE - Senior Partner Pribramsky&Company, 784 US Hwy 1, Suite 24, North Palm Beach, FL 33408 r T 561.712.9444 F 305.294.1872 steven@pdbramskycpa.com www.pribramskycpa.com KEY WEST I MARATHON I ISLAMORADA i MIAMI I FORT LAUDERDALE I NORTH PALM LEACH From: Steven Pribramsky<spribramsky@gmail.com> Sent: Wednesday, February 19,2025 10:53 AM 1658 Customer References 1. Samuel's House Tara Salinas 8v Zoe Hernandez 305-296-0240 2. Lazy Dog Adventures Sue Cooper 305-293-7245 3. Reef Relief Alicia 305-294-3100 1659 Credit References 1. Sysco Contact: Alli 305-619-3389 P.O. Box 6400 A Miami, Florida 33164 2. Cozy Days Contact 1-888-256-7044 9701 NW 112th Ave #15 Miami, Florida 33178 3. Panama Jack Contact 1-800-840-5225 1660 Tab 3 Legal Risk Evaluation. Please see Responses below. 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 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 Z 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 Z 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 sited by Monroe County in connection with a contract to provide services, goods or constniction services'? If yes, provide details; YES [—] NO [Z C. 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 1661 Tab 4 Compatibility of the Proposed Goods/Services with other vendors Salute Watersports offers rental of beach chairs, umbrellas, floats, kayaks, snorkel gear, paddleboards, and volleyballs. Salute Watersports also sells sunscreen, towels and bottled water. These activities are compatible with the other vendors at Higgs Beach, which is primarily the Salute on the Beach restaurant. 1662 Tab 5 Anticipated Revenue to the County Salute Watersports, LLC proposes to pay rent at the initial rate of$700.00 per month plus 7.5% of gross taxable sales, with a guaranteed minimum of$2,000.00 per month. Accordingly, Monroe County can expect to receive at least $24,000.00 per year, and more if gross taxable sales exceed $17,334.00 per month. 1663 Tab 6 Local Preference 1664 Uj to to LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023-2009, as amended by Ordinance No. 004- 2015 and 025m2015,must complete this form. Name of Bidder/Responder :5A!nLi,1,r- W N-T q A_5 P u& T' Date: 7, L: zi -1 10 1, Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one(I)year prior to the notice of request for proposals? !&14 (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?. �,_"e, (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: 2: Telephone N 1umber: 305 ' 2 - 111 "? 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? V-jCS- b,0, Ajjr 6, "A"rA* If yes, please provide: Ak1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one(I)year prior to the notice or request for proposals. �N`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 . .............. ............................................................................................. ddre,, - I................................................................................ Print Name: ..........gnaUreandTill"eof uthorized Signatory for Bidder/Responder STATE OF T10fuAGk COUNTY OF tY � ly The foregoing instrument was sworn to(or affirmed)and subscribed before me by means of t4i physical presence or online notarization this --day of If%- 201S by Tture ry bU-State of Florida 'Name of Notary My commission expires: A")MI..) Personally Known OR Produced Identification .................... Type of Identification Produced my Coorm.exvres gun 27,2028 sonces thrs,,#Natioral matary kun. Page 36 of 72 I`4�4 ?w Tab 7 County Forms and Licenses 1666 PROPOSAL FORM ti cfl cfl 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- MOBILE BEACHFRONT CONCESSION AT HIGGS BEACH MONROE COUNTY, FLORIDA And having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself/herself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the work, does hereby propose to furnish services, labor, mechanics, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said work in a workmanmlike manner, in conformance with specifications, and other contract documents including addenda issued thereto. The undersigned further certifies that he/she)"it has been given the opportunity to personally inspect the actual location(s) of where the services will be performed and that he/she/it understands the conditions under which the services are to be perfon-ned. The successful proposer shall assume the risk of any and all costs and delays arising from the existence of any condition is could be reasonably anticipated by reference to documentary information provided and made available,and from any inspection and examination oft e site(s). Company Information and Signature Page Company EIN: Company Name: !S Ar L_L4 -r E: wwOrr e/2-5 P7v/Z-—1 Company Ownership: IZ i c-A A-ab L,2. jJ&:L&4:1 (9 15 G-_ MA V4 TfA AP- Years in Business: I ........... Company Address: Company one Number: -212 - 11l Fax: Company web address: s. Number of Employees: Company E-mail: Bj'Ae_keA0C_,A ),Of eO rA AAeL j - Management Person Responsible for Direct Contact to County and Services required for this RFP: Name: iea ju- Title: Phone Number: 73 05 - -SO Lt- Email Address: F21 Cf %1C -VIA Page 27 of 72 0 Signature of Authorized Representative Date f es 1 qJ 2 0.2s Type or Print Officer's Name and Title: TG Bid Type of Concession: N N G-F U-F 14 t/L et U ti 0 Q t~LL A ?k L_ Bid Price for Concession space at Higgs Beach will be paid to Monroe County at the following rate: Monthly rent of$_71 for retail concession space plus percentage of Gross Taxable Sales and/or a guaranteed minimum monthly fee of$ O , whichever is greater,generated by Concessionaire's operations at the detail concession space. I acknowledge receipt of Addenda No.(s) No. Dated No. Dated No. Dated No. Dated The proposer states by its check mark in the blank beside the form, and by its authorized representative's signature,that it has provided the following forms: Ye No I. Proposal Form t] 2. County Forms Affidavit p {Public Entity Crime Statement; Ethics Clause; Drug-Free Workplace; Vendor Certification Page 28 of 72 1668 cfl cfl Regarding Scrutinized Companies List; and Non- Collusion Affidavit) 3. Proposer's Insurance and Indemnification 0 Statement 4. Insurance Agent's Statement (signed by agent) El 5. Answered Required Questions 6. Provided three (3) Customer References and three (3) Credit References 7. Provided three (3) years of Financial Statements are "CONFIDENTIAL" by separate document upload to Bonfire 8. Current Monroe County and Key West Business lo/ Tax Receipt(Wa Occupational License) In addition,Proposer states that it has included current copies of all required professional and/or License(s). (Check mark items above,as,a_reminder that thEy are in clue d Proposer/Company: Mailing Address: . ........... ............................. ........... ........................ ............... ............ ......... ............ ........... Phone tlfiuirrflbeir: 4,4!) -r-riaH Address:E glitf 'f �11 Tl,iie physicall business address rnust be rt.,-,gisu,:,. s prii al place: of bu.. c.,s s with the l:`Iorkla V Delpasirneiril o 'Stat ......... ........... -2 ID,ate: Signed ............................. .......... .................................................. ....................... :.k ................................................................................... (C,Wne) ........................................ ................. .... .......I"N 1[[ cride) wilfinizll� ...,......... ........................... A-- Priint T114-at )ray ........................ Page 29 of 72 C) I­ cfl COUNTY FORMS AFFIDAVIT PROJECT: Mobile Beachfront Concessions at Fliggs each,Key West, Florida 1, P6�qA,k� Name), {Position,,Title) according to law on my oath,and under penalty of perjury,depose and say that: I am M A#vA 6 tw of the company of �§6 L"i 11E &A.A1 t V,�'r 5 ("CONCESSIONAIRE"),the bidder making the Proposal for the services described in the Request for Proposals and that I executed the said proposal with full authority to do so. By signing this Affidavit, CONCESSIONAIRE has sworn or affirmed to the following requirements as set forth in the Public Entity Crime Statement, Lobbying and Conflict of Interest Statement, Drug-Free Workplace Statement, Vendor Certification Regarding Scrutinized Companies List, Non-Collusion Statement, Foreign Countries of Concern,and Common Carrier as set forth below, Public Entity Crime Statement In accordance with Section 287'.134,Florida Statutes,an entity or affiliate who has been placed on the Discriminatory Vendor List,kept by the Florida Department of Management Services, may not submit a bid, proposal,or reply on a contract to provide goods or services to a public entity;may not submit a bid,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 a 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. 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, proposal,or reply on contracts to provide any goods or services to a public entity, may not submit a bid,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 acontractor,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 Section 287.017 oft e Florida Statutes,f6rCATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By executing this Affidavit, CONCESSIONAIRE represents that the execution of this Affidavit will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of the Agreement and recovery of all monies paid hereto and may result in debarment from COUNTY's competitive procurement activities.In addition tothe foregoing,CONCESSIONAIRE further represents that there has been no determination,based on an audit,that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes,as a"public entity crime"and that it has not been fonnally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONCESSIONAIRE has been placed on the convicted vendor list. The CONCESSIONAIRE certifies and agrees that CONCESSIONAIRE nor any Affiliate has been placed on the convicted vendor list within the last 36 months. Ethics Clause By signing this Affidavit, the CONCESSIONAIRE warrants that he�it has not employed, retained or otherwise had act on his/her behalf any former County off icer or employee in violation of Section 2 of Ordinance No.0 10-1990 or any County officer or employee 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 consideration paid to the former County officer ore loyee. Dru&Free or lace In accordance with the Florida Statutes, Section 287.087, preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids or replies that are equal with respect to price, quality and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid,or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing the bids will be followed if none of the Page 30 of 72 ti cfl tied vendors have a drug-free workplace program. CONCESSIONAIRE in accordance with Florida Statute 287.087 hereby certifies that CONCESSIONAIRE shall: I. Publish a statement notifying employees that the unlawful manufacture,distribution,dispensing,possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace,the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid,the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo conteridere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five(5)days after such conviction. 5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community,or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. The person authorized to sign this Affidavit certifies that CONCESSIONAIRE complies fully with the above requirements. Vendor Certification Regarding Scrutinized Cornglanies Lists CONCESSIONAIRE agrees and certifies compliance with the following: Vendor/Contractor has reviewed Section 287.135,Florida Statutes,and in accordance with such provision of Florida law,is eligible to bid on,submit a proposal for,or enter into or renew a contract with Toho for goods or services. 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 Terrorism Sectors List 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 CONCESSIONAIRE, I hereby certify that the company identified above as "CONCESSIONAIRE" 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 Terrorism Sectors 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 immediately, 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 Terrorism Sectors List or been engaged in business operations in Cuba or Syria. Vendor has reviewed Section 287.135, Florida Statutes,and in accordance with such provision of Florida law, is eligible to bid on,submit a proposal for,or enter into or renew a contract with Monroe County for goods or services. Page 31 of 72 04 ti tp Note:The List(s)is/are available at the following Department of Management Services Site: ini/JyL Rne wmwd"� _j �L_,j_ criminatoi ? laiints vendor Ikts Non-Collusion Affidavit CONCESSIONAIRE by signing this Affidavit,according to law on my oath, and under penalty of perjury, depose and say that the person signing on behalf of the firm of CONCESSIONAIRE,the bidder making the Proposal for the project described in the Scope of or , and that I executed the said proposal with full authority to do so; the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purposeof restricting competition,as to any matter relating to such prices with any otherbidder or with any competitor; unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the 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 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. Foreign Ca tries of Concern The Contracting with Entities of Foreign Countries of Concern Prohibited Affidavit is required by Section 287.138, Florida Statutes, which is deemed as being expressly incorporated into this Form. The Affidavit must be completed by a person authorized to make this attestation on behalf of the Bidder/Proposer for the purpose of submitting a bid, proposal,quote,or other response,or otherwise entering into a contract with the County.I fbeing awarded the Contract, or otherwise entering into the Contract, would grant Contractor access to an individual's personal identifying information,pursuant to section 287.138,Florida Statutes,the undersigned,on behalf of Contractor,hereby certifies, represents, and warrants that Contractor is not affiliated with a foreign country of concern, as such countries are identified in section 287.138(1),Florida Statutes.The undersigned additionally certifies,represents,and warrants that: (A)Contractor is not owned by a foreign country of concern;(B)the government of a foreign country of concern does not have a controlling interest in Contractor;and(C)Contractor is not organized under the laws of nor has its principal place of business in a foreign country of concern. Common Carrier If Contractor is a common carrier, as defined by Section 908.111, Florida Statutes, then Contractor hereby certifies that it is not willfully providing and will not willfully provide any service during the Contract term in furtherance of transporting a person into this state knowing that the person is an Unauthorized Alien,except to facilitate the detention, removal,or departure of the person from this state or the United States. [REMAINDER OF PAGE INTENTIONALLY LEFF BLANK] Page 32 of 72 M h THE tG STATEMENTS CONTAINED IN THIS AFFIDAVIT ARE TRUE AND CORRECT, AND MADE WITH FULL KNOWLEDGECOUNTY S UPON THE TRUTH OF THE STATEMENTS CONTAINED IN THIS AFFIDAVIT IN AWARDINGCONTRACTS J T. UNDERNTIES OF PERJURY, I HEREBY CERTIFY AND DECLARE THAT I HAVEA UNDERSTAND THE FOREGOING AFFIDAVIT ANDTHAT THE FACTS STATED IN IT ARE TRUE. PURSUANT NT T T UNDERSIGNED YCONCESSIONAIRE,THE UNDERSIGNED s, S, AN A S A S N CE IFsonen Contractor) VDa ) % .. ,, ...,...P a . ............. ........ (Title) STATE OF COUNTY OF P,.... ..._ The foregoing instrument was sworn to(or affirmed)and subscribed before me by means of physical presence or online notarization this day of 20 Z5,by � �,;re�ofNotA iblic ' fate of Florida ' Dia Y61u) Personally known w Marne of ota OR Produced M commission expires: „ Identification Y t, ddl `` t of Flarla Type of Identification Produced commission/rim 566541 \„ ,` y Comm. tr Jun 27,2028 National 40tey AM. Page 33 of 72 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES Entity/VendorName: 5AyuTc wkT Q--SPv2iS C Vendor FEIN: g+— -5-4 5 Vendor's Authorized Representative: G("� [ �. (Name and Title) Address- 1000 A-T�.kw i tt^_ F3LV1� City• 14e`C L. State: L. Zip: 3(� Phone Number: D Email Address: 13) —c .t-4 7:�� wi A .t . G01-11L As a nongovernmental entity executing,renewing,or extending a contract with a government entity,Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor does not use coercion for labor or services in accordance with Section 787.06,Florida Statutes. As defined in Section 787.06(2)(a),coercion means: I. Using or threatening to use physical force against any person; 2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt,if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt,the length and nature of the labor or service are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document,or any other actual or purported government identification document,of any person; 5. Causing or threatening to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit;or 7. Providing a controlled substance as outlined in Schedule I or Schedule 11 of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of Vendor,I certify under penalties of perjury that Vendor does not use coercion for labor or services in accordance with Section 787.06 and I declare that 1 have read the foregoing and that the facts stated in it are true.Additionally,Vendor has reviewed Section 787.06,Florida Statutes,and agrees to abide by same. Certified By: t NA40 W.. T , who is authorized to sign on behalf of the above refe pany. ll Authorized Si ature: Wi Print Name: T Title: 4f-Ar C-�- Page 34 of 72 1674 WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY,FLORIDA AND Salute Watersports, LLC Prior to the commencement of work governed by this contract, the Contractor will obtain Workers' Compensation Insurance with limits sufficient to respond to applicable Workers' Compensation state statutes and the requirements of Chapter 440, Florida Statutes. In addition,the Contractor will obtain Employers' Liability Insurance with limits of not less than: $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $500,000 Bodily Injury by Disease,each employee Coverage will be maintained throughout the entire term of the contract. Coverage will be provided by a company, or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self- insurer, the County may recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance,providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund,a Certificate of Insurance will be required. In addition,the Contractor may be required to submit updated financial statements from the fund upon request from the County. Worker's Compensation Statutory Limits Employers Liability $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease Policy Limits $500,000 Bodily Injury by Disease, each employee General Liability, including $ 1,000,000.00 Combined Single Limit Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Business Automobile Liability $300,000 Combined Single Limit (Owned,non-owned,and hired vehicles) If split limits are preferred: $200,000 per Person $300,000 per Occurrence $200,000 Property Damage Page 40 of 72 1675 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 1100 SIMONTON STREET, KEY WES�T, FL 33040 SHALL BE NAMED CERTIFICATE HOLDER AND AS AN ADDITIONAL INSURED ONALL POLICIES EXCEPT IYORKER'S COMPENSATION. INDEMNIFICATION, HOLD HARMLESS AND DEFENSE, Notwithstanding any rninirnurn insurance requirements prescribed elsewhere in this Agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected an(] 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, darnage, 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 inclemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, en-ors or other �n Z:) wrongful act or omission of Contractor or any of its employees, agents, sub-contractor's or other invitees, or (C) ('ontractor's default in respect of any of the obligations that it Undertakes Linder the terms of this Agreement,, except to the extent the clairns, 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, sub- contractors or invitees (other than Contractor). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events Or Cil-CUrnstances that occur during the term of this Agreement, this indernnification will survive the expiration of the terns of the Agreement or any earlier termination of the Agreement. In the event that the term of this Agreement is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indernilify the County from any and all increased expenses resulting from such delay,. The extent of ability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this AGREEMENT. PROPOSER'S STA,rEMENT 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 rid duty to defend as set Out in this proposal. Salute Wtiter sport s, I..LC PROPOSER Si�' Ri:icha'r-d"Hatch, Manager Page 41 of 72 1676 ti ti cfl SAL T-01 ..................................Jhl.& I , !V DATE(MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 2125/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INS RER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. .....................................................................................................................................................................—...............................m.......................................................... IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the poIII must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WANED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(a' ........................................................................................................................................................................................... ..........a li ��" PRODUCER cT l III.................................................••........................................................................................................................................................................ ......... ....................................................................................................... Insurance Office of America PHONE FAx 1336/ Overseas Highway Arc No gq 305 2 -0213 ...............................................................................................!I C...N®;R.:-.�: 0 1...7 3-1 10 •„ .........;?....:�.....................:�..............••.".••.••••.••••••••..... ................................ Marathon,FL 3305 .e pV AIl ' ..........................•.................... .....................................................................................IMS,URE Ri&.$.I..A,KFOROINIG•,!fi;DVE Rp: E............................................................................................................NAIC_ ....................... INSURER Centul Sure::.....C .Iaa ....................................................................................._..............._......... 1...................................... ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ .•••.•...••••••••.•••• y INSURED INSURER S SaluteWatersports,LLC .M99R€R.c._.................................................................................................................................................................. . INSIIrRERD: m.................................... 729 Thomas Street KeyWest,FL 33040 ..................................._....�............................................................................................................................ INSICllRER E ...._.._..........._............_.............................................................................................................................................................................................••.......•••••••••••.•••••••••••••.••.•.................................._....w.............................................• INSURER F COVE GE CERTIFICATE NU ER: REVISION.........Ntl............................................................................................................................................................... THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT„ TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO V%41CH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN„ THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS„ EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .. .................................................................................................................................. TYPE OF INSURANCE ____._ DL SUBR POLICY EFF POLICY EXP INSR —..__..._........_....__S ... A® POLICY NUMBER ...................................................................................................U.MITS r YY ...IIr.IIIkD:III TTM1P.... _............................_.._........................._..... ................................................................................................................................................................................................uL�.5tP....Nil!ILIL•..................•..................................•..............•••...........•.......••...••••••••••...••••.•.•••.••••••••••••••••.IA�iI ROB• •.�• i I A X COMMERCIAL GENE L LIABIUTY 1,000,000 ®AGE To RR........................••..••••••••••••••••••••• IL ......................................................... RENTED 10,000 CLAIMS-MADE .. OCCUR CCPS0062 612120 812/2026 1.................................. ..................... IL..ICI,,,IWII:�.I�:...i.In:��.00�r1,b�•111cOL••.•••• . • X..... Owner's................ ...............C.on...............ctor............................................ E.®.. P.I ..a,a...l ................f..............._...................................._._......5,000 P'E:RSI�NAL&AovIN,ILIRY T 1,000,000 OIIwMLAGGREGATE LIMIT APPLIES PER: GENICmIARAI AC I;uu�E�pATE � 2,000,000 ....................•••••••••.•••••••••••••••••••••••••••••••.••••..........••........................................................................................................................................... ........ P ..............� HIREDTS-CO _............_ •w•. Included X..... POLICY J L.00 PRODUCTS-COIMPIDPE.:P:..:u............................................................................................................ ITHER: NON 604,000 S ........................................................................................................... A COMBINED SINGLE LIMIT oo,000 ...AUTOMOBILE LIABILITY ...II1iPIL.E.2;�ftau........_......_............................................w....................................................................................................... ANY AUTO x CCPS006204 8/212024 812/2026 ....eg.D.!_i,N�,uRv...LP ..I n•L••••. ••t••••••••• ...........•..m••••••••...m•..........._. OWNED SCHEDULED AUTOS ONLY AILII"OS 6!llb,IIY_I,N,,I,URY...Per, dentD...... ._........................................................ .._._. ._..... .. RR. PRM'AMAGE ONLY A .... UMBRELLA UAB 01CCUR EACH OCCURRIENCE. S EXCESS UAB �.CLAIM'.S4AADE„ ............................................................................................................................................................................ accR,EcaTE......••••••. .........�.............................f.................................................................................................... ^ k' LIED I''.:I R LNTION S WORKERS COMPENSATION .................11...®III ................................_.w.. ..................._.......................................... AND EMPLOYERS'UABIUTY Y d N Wan%C.'�=inr,C"A,}A*Aif&TNEIR�I:!Xr:, I TII E ................. NIA da EXCI.NErY,rA' E.L.EACH A::CIDENT II E.L.DISICf!A'Sr';-EA EMPLCIYEIIir S If ,,dashe uroder D1PO O e � . STIbR� IOPIIIATINE below E.L.LI8I... roF..-POLICY LIMIT . .........................................................................................................................................................................................................................................................................................................................................................................................................................................._. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Addklonal Remarks Schedule,may ba attached If mare apace Is regi ullrsal) Named CG 2011 1219-Landlord Monroe County SOCC is additional Insured with respect to General Liability and Auto Liability when roquiiirad by' mitten contract as Iper faiI CG 20111 12 19. ............................................................................................................................................................................................................................•••••••.••••••••••••••••.•••••......••••••••..•.•••••••••••...••••.•••••••••••••••••••••••••••••••••••••••••••••••••••••••....._...........••••.••••.. ....... . . ................. ................................._..................................................................................................................................................................••••••................••• ••••....�..m•. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE 11011E„SCCII"~il IBElD PICII••IIC'Illw•S I CANCIE..'11.II...II::?:I:I IBE.FOIR'IE. II"HE EXPIRATION DATE THEREOF, NOTIVCIE?, WII...II... IBdE!: IDIM...iWEREID W ACCORDANCE MTH THE;;IP'OII,.IMY PROVISIONS. ....................._........_..... ....._._.............................................................................................._.•..••••.••.•....-•........................................................................................................................................_......................................... �A'UIHORIZED REPRESENTA"n,vilrl Monroe100 Simonton Streeter'�•• °�Ir� n°"" .. .0..1.0.............................................................................................................................................................._.........IIL Ia.I�. . .t�....L...I ............................................ .............._.... ..•••.. . ........................................................................................................................................................................................................................................................................................................••••••....•. .. .................................. . ,... ..•••••• .•••••. .. . . • .. ACORD 25{2016103) .I 1988m2015 ACDRIID GI;',IR:I IOF-Z TION. AIII Irigh'ba Ire'ser^ved, �.wx., �a�w�w,.rw�w�,w, .,^u ^.,�...^ n ,....m,,. ...�r �.,�w�w ur•w iu"a 00 I- COMMERCIAL GENERAL LIABILITY CG 20 11 11 ENDORSEMENTTHIS CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Desi nation Promises[Part L d o you . __.._ _ ............ . 1000 Atlantic Blvd y West, FIL 33040 e f erso,n s r r anitio itiol lsur : Monroe County Florida Board of County Commissioners 1100 Simonton Street Key West, FL 33040 Additional Premium: A. Section 11 - Who Is An Insured is amended to 2. If coverage provided to the additional insured is include as an additional insured the person(s) or required by a contract or agreement, the organization(s) shown in the Schedule, but only insurance afforded to such additional insured with respect to liability for "bodily injury", "property will not be broader than that which you are damage" or "personal and advertising injury" required by the contract or agreement to provide caused, in whole or in part, by you or those acting for such additional insured. on your behalf in connection with the ownership, B. 'With respect to the insurance afforded to these maintenance or use of that part of the premises additional insureds, the following is added to leased to you and shown in the Schedule and Section III-Limits Of insurance: subject to the following additional exclusions: if coverage provided to the additional insured is This insurance does not apply to: required by a contract or agreement, the most we 1. Any "occurrence" which takes place after you will pay on behalf of the additional insured is the cease to be a tenant in that premises. amount of insurance: 2. Structural alterations, new construction or 1. Required by the contractor agreement;or demolition operations performed by or on behalf 2. Available under the applicable limits of of the person(s) or organization(s) shown in the insurance; Schedule. whichever is less. However: This endorsement shall not increase the applicable 1. The insurance afforded to such additional limits of insurance. insured only applies to the extent permitted by law;and CG 20 11 12 19 0 Insurance Services Ofrece,Inc,2018 Page 1 of 1 INSURANCE MAENT"!i STATENENT I ha�e ro icwc�d the tib(..)vc requirummus with thc proposcr naimed above. Thc fillowing deductihh-n apply w the corresponding pohcy� POLICY DEDUCTIBITS cfl $1,000 Property Damage&Bodily ln�i,,Iwy LiabWIV Commercial Generai LiabMty 2 2LE!L0-nai'1nd�Adve�dosvn��n 61 r'li2hlllil Hired and Non reed Auto LiabiWy ............................................ 1-whicies an.: Oclruriiry,!,!1111L IV! insurance Office.of America JA ............. finsumvice Agenc.) Sinnatunrc I age 42 M, "7Z 0 00 W " 1 L,;sirI ess I..ax . I...11 ii n::::"ocun.ume nt is a Ibu.0 shi nss tax umu celopt Holder un°uuist rimet aH City un,inil� and L,,use provisioru s. II.II line,.;s N acne SAL IIJ..11..., WA IRSPORT u....l....0 s,µati n Addr, '110,0 T All...II...MI T` C IE II,.V N....IIc NI::,�I IC:,.Bass N....N�.:� .01P :N,,,, „rRM, POR,.N� ,.N,.;NOM SERVICES I ssn,ue d N, .itl a p,1�p I I����7 �0q�p0h23{ p p ylNm;:p:1IIG��N^�ry��p�mirm I at&:! n��T�^m b lr N::.:x„,'R ,�.,mY.il�„�L I P I'k'II ICE".�N II AND D �4�A,„...N....N N;�::II."M N��„�p�,� 1'44 I�.CI lc)II C..)R D R Ik '�C::I'4 !RI;.:::]',4T N....n.;,4 C amllr nelr.nd& IE . N....N N=REN'°11 AL.S Re,mh°udlo s LEASE FROM II IN91FRQrii;;� MI Y ON FiNd,,,. SALUTE"^N A'll...lElFlu&Plr)RTS ILUC TWs docurneint innlnau;t Nye pIrou°n"nheMy diispl pd. /O IRI 'k°°II .FM I LAT101 729 „II,,.I,,, OM AS S T M C"II....dA R D N°°III '°Cam"p...N N 1 Wf.-...S T „ II:1 33040 0 T- oo cfl MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER r 2025 RECEIPT# 47152-126251 Business Name: SALUTE WTEPORTS LLC VD Owner Name: RICHARD W HATCH III Business Location: 1000 NTIC Mailing Address: KEY WEE ST, FL 3 33043040 729 THOMAS ST Business Phone: 305-296-8666 KEY WEST, FL 33040 Business Type: EQUIPMENT RENTALS&REPAIRS(CHAIRS, UMBRELLA, KAYAKS, PADDLEOARDS, VOLLEYBALLS, MASK&SNORKEL GEAR) Employees 3 Tax Amount Transfer Fee Sub iTotal Penalty Pnor Years w M C0ection Cost Total Paid 22.00 0.00 22.00 .. ........ 0.00 0.0.® ...w_ 0.00 22.00 Paid 127-23-00003334 09/13/2024 22 .00 THIS BECOMES A TAX RECEIPT Sam C. Steele, CFC, Tax Collector THIS IS ONLY A TAX. WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL COUNTY AND/OR MUNICIPALITY PLANNING, ONI G AND LICENSING REQUIREMENTS. MONROE COUNTY BUSINESS TAX RECEIPT P.O. Box 112 , Key West, FL 01-112 EXPIRES SEPTEMBER 30, 2025 Business Name: SALUTE WATERSPORTS LLC RECEIPT# 7152-126251 1000 ATLANTIC BLVD Business Location: KEY WEST, FL 3300 Owner Name: RICHARD W HATCH III Mailing Address: Business Phone: 5-296-8666 729 THOMAS ST Business Type: EQUIPMENT RENTALS&REPAIRS(CHAIRS, KEY WEST, FIL 33040 UMBRELLA, KAYAKS, PADLEBOADS, VOLLEYBALLS, MASK&SNORKEL GEAR) Employees 3 Tax Amount Transfer Fee Sulu-Total PenaltyWor Years Collection . -on Cost Total Paid 212 0 00 22.00 0 00 OAO 0 00 22.00 Paid 127-23-00003334 09/13/2024 22.00 04 00 to 2024 2025 MOINROE COUINTY BUSINESS TAX 111:11:11tElPlIr EXPIRES SEPTEMBER 30,, 21025 RECEIPT# 47152 126251 Bii.,ishess Nowne- SALUTE WATER SPORTS IL-11 C ID'IN1� 1 . I DOOAI-LANTICBLVID Owwrier N&I ss o 1(11:..Y'WES"r', f:1 33040 Mailing Address; 729 THOMAS 311' Busihm.,,Iss Plhiloine: 305-'296 81666 I.. .: TALS& KEY WEST, F1 33040, Business y1p:e!: EQUIlIPMENT RT.:.11N p , REPAURS (CHMIRS, LIMBRELLA, KAYA1-(,S,, PAIDIDLEBOAIIZIDI,,'�, VOULEY113M LS, MASK I&SNC.)RIKEIL GEAR) [uyees I .......................................................... ................................................................................. . ......................................................-....................... ........................................ ......................................................... Tax AiiI F':e'e' t,a Penallty !P:doir Years Coilliec:t��oin (." t 'T It � 'P a1 Os, 01 , ..................... .............. ..................................................... ....................................................... ........... ....•.................. (1,010 22-010 o-010 01"1010 22.010 ................I........................ .................................................................... IT.,.........................................I ......................................................I I I I'll I I 1.,11,..................-11..- ............... ...........11......................................................... ...............................I.................. Paild 1127-23-00003334 09/13/2024 2 2 .010 "IF]HS BECOMES A TAX 1::,1,,ECE1.1pT Saim C. Steele, CFC, Tiax Collector, T1 VIS I'; iI A AK M EN VA1 fl[".)ATEID PO Box 1129, IKey West, FL 33041 MUST MIEli:.:FT M L COUNTY AND/OR VU1'41CIPAL,11rf PLANP,111'4G, ZONINIf."s AND 11 1Ir.,FPdSING REQ'11,.).T.If;tIEII'41EDii'rs., MON III OE COILINI Y EM.MM IIESS 'TAX RECE:,,lP I" R.O., Box 1,129, Key WeF�ft, R. 33041-11219 EK1:::11RE:S SEF-ITEMBER 310, 2025 Business farms: SAL,U"m WATERSIPORTS t Rll:. IETPT* 47152 1.26251 1000 ATLANTIC BILMD Businiess 1 ocation: IKEY W11:.ij-T, F11,. 33040 I Miner Narne: RICII M111DW HATO-1 111 Madiing Address:: Business PhIonle; 305-2916-8666 7219 D-101MAS S7 Busiriess.11 y1j::m. C::�QppimF-,tq'r REINTALS&REPAIRS (01AIRS, KIEY WIEST, FL :.E3040 IMBREL.L.A, KAYAKS, PADIr.)LEBOARDS, VOIL.L.E.YBAi LS, Mk1';K&S1114ORIKIElL Gir.!Allk Ernjj:,Aoyees 3 ..................... ................................................. ........... ........................................................................................ ................................................ OII-lt Fee Sub fatal n::: Prior Yelars Golkeirboin I Tot6� Paild ....... ................................................................................................... ............... ...•........................................................ ............................................................ ..................................11.1.1.11............. 0.00 2 1 0a1010 0.1010 2.2-00 ....................................................................................... ....................................... ............................................................................................................ ................................ 3 Paid '127 2 3-0 0 010 3'.5 3,11 09/1 '..� /21024 22,.00 Tab 8 Financial Information Confidential financial statements are uploaded separately. 1683 RFP for Mobile Beachfront Concessions At Higgs Beach Selection Committee Ranking Meeting Monday, March 17, 2025,8:30am—via Zoom webinar Monroe County Staff Present: Tammy Acevedo- Monitor Pedro Mercado-County Attorney John Allen Chrissy Collins Mike Piekenbrock Members of the Public Present: No Members of the public attended. Tammy Acevedo began the meeting by introducing selection committee members; John Allen, Chrissy Collins and Mike Piekenbrock. Ms. Acevedo stated that Monroe County is bound by the Sunshine Laws and therefore no discussion of the proposals occurred between the committee members prior to this meeting. Ms. Acevedo called for discussion of proposals. There was only one Bidder.That being said Salute Watersports, LLC. BIDDER:Salute Watersports., LLC. John Allen: He states that after reviewing the proposal, all the information appears to be acceptable. Chrissy Collins: Agrees with John Allen and has no additional comments. Mike Piekenbrock: Mr. Piekenbrock noted that the proposal includes a fee for memorial services when reserving the pavilion. However,John Allen clarified that this is not part of the RFP, and pavilion reservations will be handled by County staff using the use of property documents. Tammy Acevedo asked if there were any members of the public that would like to speak: No Members of the public attended. Ms. Acevedo then asked each selection committee member to read their scores and ranks for each proposal. (see final ranking sheet) Total Ranking: Mike Piekenbrock:99 Chrissy Collins: 88 John Allen: 91 Notice of Intent to negotiate with the highest rank respondent agenda item will be presented at the County's BOCC Meeting held on March 251n Meeting adjourned at 8:45 a.m. 1684 1685 (D co cfl ----------------------- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 cu cu cu 1 1 1 1 1 1 1 1 1 1 1 1 Y Y Y 1 1 1 1 1 1 1 1 1 1 1 1 ((3 ((3 ((3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 U 1 1 1 1 1 1 1 1 1 1 1 1 Q 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 W 1 1 1 1 1 1 1 1 1 1 1 1 m 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 N 1 1 1 1 1 1 1 1 1 1 1 1 In 1 1 1 1 1 1 1 1 1 1 1 1 V 1 1 1 1 1 1 1 1 1 1 1 1 In 1 1 1 1 1 1 1 1 1 1 1 1 V 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 1 1 1 1 1 1 1 1 1 1 1 1 Q DII 'Sliodsiale/\Ai 1 m 1 1 1 00 1 1 1 '1 1 M 1 i oo 1 1 0'1 1 1 00 1 1 1 �1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I N N W 1 1 1 1 1 1 1 1 1 1 1 1 w a�n�esl 1 1 1 1 1 1 1 1 1 1 1 Z 1 1 1 1 1 1 1 1 1 1 1 1 2 1 1 1 1 1 1 1 1 1 1 1 1 O J N 1 1 1 1 1 1 1 1 1 1 1 1 W 1 1 1 1 1 1 1 1 1 1 1 1 N In 1 1 1 1 1 1 1 1 1 1 1 1 N �,/ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 W (n Z 1 1 1 1 1 1 1 1 1 1 1 1 U LU 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Z -----------------------1 1 1 1 1 1 1 1 1 1 1 1 O Z 4--r-----r--4---r----=n---r-----�---T-- ---r--�r-- 1 1 1 1 1 �1 1 1 �1 1 1 1 Y Y U Q 1 1 L I O I 1 L I O I 1 L I O I 1 1 U U W 1 1 O I 1 1 O I 1 1 O I 1 1 1 O 1 1 1 1 1 1 1 1 1 1 1 1 ° O ° O J 1 1 U 1�'1 1 U 1�'1 1 U 1=1 1 1 O O O z i i _N i i i _N i i i _N i i i i c 0 1 1 1 1 1 1 1 1 1 1 1 1 Y Y 1 1 1 1 1 1 1 1 6 1 1 1 1 L.L 1 1 4�1 1 1 4�1 1 1 4�1 1 1 1 Q M n N n W 1 1 p l 1 1 p l 1 1 p l 1 1 1 C ll1 d d 1 1 1 1 1 1 1 1 1 1 1 1 O Y M1 M U 1 1 1 1 1 1 1 1 1 1 1 1 O Q 1 1 1 1 1 1 1 1 1 1 1 1 T O 1 1 1 1 1 1 1 1 1 1 1 1 m 1 1 1 1 1 1 1 1 1 1 1 1 L T L T L cu � � cu � � cu 1 1 1 1 1 1 1 1 1 1 1 1 O m LyJ 1 1 1 1 1 1 1 1 1 1 1 1 � C`7 C`7 1 1 1 1 1 1 1 1 1 1 1 1 O CC J 1 1 1 1 1 1 1 1 1 1 1 1 0)� G O O m 1 1 1 1 1 1 1 1 1 1 1 1 U7 N cu cu cu O 1 1 1 1 1 1 1 1 1 1 1 1 TO TO TO— N — N c 1 1 1 1 1 1 1 1 1 1 1 1 cu cu cu 1 1 Q cu cu1 1 L 1 1 1 1 1 1 1 1 1 1 O O _ 0 o _ 0 d Z, 1 1 1 1 1 1 1 1 1 1 1 1 1 1 .Q 1 1 1 r-i i i =_ E � E � E i i yi i i •Oi i i ai i i i E U E U E O O O O O U U U y � 1 1 1 1 1 1 1 1 1 1 1 1 p - p - p i i t i i i i i i +� 4 1 1 g 1 1 1 1 1 1 o 1 1 1 1 U U U 1 1 1 1 1 1 1 1 11 1 1 1 c `' cu cu i _cu i _cu 1 1 1 1 1 1 1 1 1 1 I Y 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 N /11 (n /11 (n M 1 1 Z i i 1 1 1 N 1 1 i Y i Q iZ W I 1 1 1 1 �1 1 1 u 1 1 Z I=1— O ^ O ^ O 1 1 1 1 1 1 1 1 1 1 Q j J 10 c LL O LL O 0 1 1 L I 1 1 L I 1 1 L I 1 1 1 1 1 1 1 1 1 1 1 �-1 J 1 a L L L Z 1 1 1 1 1 1 1 1 1 1 1 1 3 3 3 O I 1 3 1 1 1 3 1 1 1 3 1 1 J I Q I J a l 1 O)1 1 1 1 1 1 1 1 Q 1 I Q N i 1 '5 1 1 1 �>1 1 1 �>i i i W i O W I 1 1 1 1 1 1 1 1 1 O 1 1 O ^ CC CC =i 1 =i i i =i i i =i i Hi0iH ! to G to G to SALUWAT-01 DORSEYRI ACORO"° CERTIFICATE OF LIABILITY INSURANCE DATE(MM/D2YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT ,Julie Broche NAME: Insurance Office of America PHONE FAX 13361 Overseas Highway (A/C,No,Ext):(305)537-2803 (A/C,No):(305)743-0582 Marathon,FL 33050 E-MAIL Julie.Broche@ioausa.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:Century Surety Company 36951 INSURED INSURER B: Salute Watersports,LLC INSURER 7 729 Thomas Street INSURER D: Key West,FL 33040 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE Xrl OCCUR CCP5006204 8/2/2024 8/2/2025 DAMAGE TO RENTED 100,000 X PREMISES Ea occurrence $ X Owner's&Contractor MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY JECTPRO- LOC PRODUCTS-COMP/OPAGG $ Included OTHER: HIRED NON OWNED $ 500,000 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 500,000 Ea accident $ ANY AUTO X CCP5006204 8/2/2024 8/2/2025 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE 16K " AGGREGATE $ DED RETENTION$ 7 `� $ WORKERS COMPENSATION ,," �rv--"^^^'"` AND EMPLOYERS'LIABILITY Y ��""" STATUTE OERH Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ d�.l 85.24 ,. , E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A ., (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under WAMMKt Y VW, DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Named A/I CG 2011 1219-Landlord Monroe County BOCC is additional insured with respect to General Liability and Auto Liability when required by written contract as perform CG 2011 12 19. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Monroe County BOCC 1100 Simonton Street ~e'r?rt Key West FL 33040 ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights res-----' The ACORD name and logo are registered marks of ACORD 1687