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HomeMy WebLinkAbout13. 03/25/2025 Concession Agreement GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: April 7, 2025 TO: John Allen, Director Parks & Beaches Tammy Acevedo Budget& Contract Specialist Erika Nodal Executive Assistant FROM: Liz Yongue, Deputy Clerk SUBJECT: March 25, 2025 BOCC Meeting The attached item has been executed and added to the record: C26 Concession 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. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 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 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 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 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 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 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: Monroe County BOCC 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 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 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 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 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 (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 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 1:C1�TM"jQn1 it y specifically acknowledges receipt of this section. i!tials)' IT Rip-tits Reserved. Rights not specifically granted to Lessee by this Lease Agreement are reserved to the Lesson 1K RiLyhts of County. The County shall have the absolute right, without limitation, to repair, reconstruct, alter or add to any structure or f4acility at Higgs Beach, or to construct new facilities at Higgs Beach. The ("..ounty shall, in the exercise of`such right, be free frorn any and all liability to the Concessionaire for business clarnages occasioned during the making of such repairs, alterations and additions, 19e ALsignment. The Concessionaire may not assign this agreeirient, 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 assigntrient 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 tire County's approval, All the obligations of' this agreement will extend to the legal representatives, successors, and assigns of the Coil cessi onai re and (,'OUnty. 20. Indernnification/Hold Harmless/Defense. 'The Concessionaire covenants and agrees to defend, indemnify and hold harmless Monroe COUnly Board ofCounty Corninissioners, and its elected arid appointed officers, officials, agents, servants, and, employees from any and all claims, demands, or causes of action For bodily iijjm&y (including cleath), personal injury, and properly damage (including property owned by Monroe C,01.lnty) and any other losses, darriages, costs, penalties, and expenses (including attorney's fees)which arise out of, in connection with, or by reason of the (7oncessionaire 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 ofany party, effective the (late of the Court order. County and(",oncessionaire agree to comply with all Federzil and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: I) Title VII of' the Civil Rights Act of 1964 (PL 89-352) which prohibits discrimination in ernployrnent on the basis of`race;, color, religion, sex, or national origin; 2) Tifle IX of the Education Amendment of 1972, as amended (20 USC, ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis ofsex,- 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 LJSC 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 AbUSC Office and Treatment Act of' 1972 (PL, 92-255), as amended, relating to nondiscrimination Page 13 of 31 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 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 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 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 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 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 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 47. Attestations, Concessionaire agrees to execute Such documents as the County may reasonably require, including a Public Entity ("ru-ne Staternerfl, an Ethics Statement., as Drug-Free Workplace Statement, and a Vendor (7eritification Regarding Scrutinized Companies List certification. 4& No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any rneiriber, officer, agent, or employee of Monroe C.ounly in his or her individual Capacity, and no member, officer, agent, or employee of Monroe CI(ninty shall be liab'le personally on this Agreement or be Subject to any personal liability or accountability by reason ofthe execution of this Agreernent, 1 49. Other Use, (-Ioncessionaire shall not use or permit the use off the, Premises or any part thereof for any purpose or use other than art authorized by this Agreement.. 50. EPAaErAgctrEagmh "eadi_U±AgIflgL Paragraph headings herein are intended only to assist in reading identification and are not in limitation or enlargement ofthe content of any paragraph or section. 51, Notices. All written correspondence to the County shall be dated and signed by an authorized repIT7s — 'e,mative of the (.7oncessionaire, 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 Nvith proof'ofdelivery and delivery pre-paid. Notice is deemed received by Concessionaire when hand delivered by national Courier with proof of delivery or.by LJ.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. 'The place of giving Notice shall remain the sarne as set forth herein Lintil changed in writing in the manner provided in this paragraph. Notice shall be sent to the "allowing; persons: For County: For (7oncessionaire: Monroe County Parks and Beaches Contract Specialist, 'IA 102050 Overseas 14wy., 209 ................................ Key Largo, FL 33037 .. .... ............... --------------------- and Monroe ("ounty Attorney's Office P.O. Box 1026 Key West, Ff... 33041-1026 arid Monroe C ounty Adiriinistnator 1100 Simonton Street Key West, FL 33040 Page 21 of.31 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 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 IN WITNESS WHEREOF, each !arty has caused this Agreement to be executed by a duly. authorized representative. COUNTY: „R m q L „w,t ]q `},'ti.:.�:.(S _. 1` z BOARD OF COUNTY COMMISSIONERS ��,di�a q, y�R -;1. •ST•)., 'SIN M ADOK: i 4,,,,.,f,,,,v,,„, ,.,,,A, ' . " , CLERK. OF 1M :ONROE COUNTY, FLORIDA. r :', a., i V sr..o �Qt�L`y,!.3p 'i•�.an,‘ h'�,(t�kt7'�"mow.r-,; t-- .', Y�•gir'7.A( �;:�� ..4' p4...- k'�P�`fi�•.+id : .'. .. : �, ilk.,�- ,` raw'±. ,Y� ``•lxoa / a` .. .. ',,,,f�..�,, ,,i '.tT..:ram�:.,,,., .r,y',,_ I 1 �R_' d' s 12)ep Lu t Clerk / CONCESSION.J._A IRE: . (---r---). . 1 -, 1 ., .. .., 4,.., . ,,,,, i,:. A ,L_;.,.3.. :::.-1 Witnesses for CONCESSIONAIRE: r: P: -in:ted-�N-annle,o#: Entity . Li: , __.„ -;')-7-7-7 \Iii . • •,.. • -''''''''---- .,, ( •;,,,,;1') 1 -'. '71: ‘) .. . , - tL ' ry _, ,1 .,.....,--- . v . \.__.,t \ .. Si .a:tin e of person authorized to ,,-.6:Signatur . le a,ll:y bind.Corparation/En.tity Date: �,7i.'lc_4'''TI.iQi �, \o---O 1 _,� err ' :Print Name Date . Print.Name Title. . . . . . [ • ' . , . . Address: 1: t . , ' .... ,...6.1.15.4k:a. ..._ , Signature . . '',f,X)S. 2.-c`i ci) . i'i (Ai)V . . * . : : t4-.:-/ .,,..,' ,,-,,vi: 1.;,,,,Lii.c,:j.kz. i .t:*(,.,„: --...-6: 17..0. : Telephone Number-. Print Name Date CD Lin 177 , (fin ._:_e- .---,7-2 ..-' .. ._;___;,,,i7.41 _,,,,,,,,,;.,,,,: . ''', pia.'.:,, .7,1!,,,,,,,:i : . . A3S4 ra 7 f..CO ATTQANEY 3/17/2025 Page 24 of 31 ' 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 EXHIBIT `B" Business Plan, Scope of Work and Depiction of Storage Unit TO BE DETERMINED Page 26 of 31 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 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 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 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 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 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 INSURERC: 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 PRO 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 j° k " AGGREGATE $ DED RETENTION$ `) r°^, ,„,„,,.,,., $ WORKERS COMPENSATION ,," �rv--"^^^'"` AND EMPLOYERS'LIABILITY ,��,-""" STATUTE ER H 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 CIS 2011 1219-Landlord Monroe County BOCC is additional insured with respect to General Liability and Auto Liability when required by written contract as perform CIS 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 reserved. The ACORD name and logo are registered marks of ACORD O� � a JIMMY PATRONIS CHIEF FINANCIAL OFFICER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION ** CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW NON-CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law. EFFECTIVE DATE: 3/28/2025 EXPIRATION DATE: 3/28/2027 PERSON: RICHARD W HATCH III EMAIL: BLUEHEAVEN729@GMAIL.COM FEIN: 842375731 BUSINESS NAME AND ADDRESS: SALUTE WATERSPORTS LLC 729 THOMAS ST KEY WEST, FL 33040 This certificate of election to be exempt is NOT a license issued by the Department of Business and Professional Regulation. To determine if the certificate holder is required to have a license to perform work or to verify the license of the certificate holder, go to www.myfloridalicense.com. IMPORTANT:Pursuant to subsection 440.05(13),F.S.,an officer of a corporation who elects exemption from this chapter by filing a certificate of election under this section may not recover benefits or compensation under this chapter.Pursuant to subsection 440.05(11),F.S.,Certificates of election to be exempt issued under subsection(3)apply only to the corporate officer named on the notice of election to be exempt.Pursuant to subsection 440.05(12),F.S.,notices of election to be exempt and certificates of election to be exempt shall be subject to revocation if,at any time after the filing of the notice or the issuance of the certificate,the person named on the notice or certificate no longer meets the requirements of this section for issuance of a certificate.The department shall revoke a certificate at any time for failure of the person named on the certificate to meet the requirements of this section. DFS-F2-DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT E02106330 QUESTIONS?(850)413-1609 RULE 69L-6.012, F.A.C. REVISED 01/2023 APPROVED BY RISK(MANAGEMENT BY Z_"_ arta� DATE 03.31. WAIVER N/A_YES. GPJ 3/31-Approved per 3.25.25 Insurance Waiver MONROE COUNTY FLORIDA REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract. (,'ontractorN " g endor: C,1 Prqject or Service: Contractor/Ve n dor �Ooo AAA", 4Ac, bW Address& Phone 9: 33040 �QS 21,q�e 18� General Scope of Work: Reason for Waiver or q _ fiC Modification: Policies Waiver or Modification will apply to: Signature of Contractor/Vendo r. Date: Approved Not Approved 03/25/25 Risk Management Signature: ........... Insurance waiver subject to state approval of contractor's application for exemption from workers compensation coverage as employer with less than 4 employees.Should Contractor become ineligible for such exemption at anytime during contract term,this waiver shall Date: be revoked and contractor shall be required to provide A required workers compensation/employer liability coverage County Administrator appeal: Approved: Not Approved: r---I Date: Board of County Commissioners appeal: Approved: Not Approved: Meeting Date: ......