HomeMy WebLinkAbout05/20/2026 Agreement GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
DATE: June 22, 2026
TO: John Allen, Director
Parks & Beaches
Tammy Acevedo
Budget& Contract Specialist
Erika Nodal
Executive Assistant
FROM: Liz Yongue, Deputy Clerk
SUBJECT: May 20, 2026 BOCC Meeting
The following item has been executed and added to the record:
C29 Non-Exclusive Agreement with PADL, LLC to operate self-service paddleboard
and kayak rental stations at Harry Harris Park, Pine Channel Nature Park, and Rowells
Waterfront Park, utilizing competitive bid payment/revenue sharing terms from a City of Tampa
contract that was awarded pursuant to its competitively bid solicitation.
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
NON-EXCLUSIVE AGREEMENT' "CDR SELF-SERVICE
PADDLE ROAR D/KAYATE RENTAL SERVICES
BETWEEN MONROE COUNTY, FLORIDA AND PADL, LLC
1,1711S NON-EXCLUSIVE AGREEMENT FOR SELF-SERVIC'U"
PAD,DLE BOARD fKAYAK RENTAL SERVICES (the ",AgTceinent") made and entered into in
Monroe County, Florida this 20th day of_MAy__, 2026, (the "Effective Date") by and
between Monroe County, a political subdivision of the State of Florida, whose address is 1100
Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as
he "County," through the Monroe County Board of County Commissioners, hereinafter referred
to as the "BOCC", and PADL, LLC. a Florida limited liability company, whose principal address
is 951 Crandon Boulevard, RO. Box 491346, Key Biscayne, Florida 33149, its successors and
assigns, hereinafter referred to as the "Contractor,"
WITNESSETH:
-t non l station
WHEREAS, County desires U,i procure -exclusive paddleboard and kayak rental'
services from Contractor utilizing competitive bid payment/revenLAC sharing terms from a City of
Tampa contract that was awarded pursuant, to a competitively bid solicitation issued by City of
Tampa, under Request for Proposal ("RFP") #25-P-00002 effective September 18, 2025, for an
initial three (3) year terse with an option to renew the Agreement for two (2) additional one (1)
- "year terms, The initial agreement is attached as Exhibit"A" (the"Initial Agicement ); and
W HEREAS, Contractor lire her agrees to extend the terms, conditions, and pricing of the Initial
Agreement to the County, sr b�ject to the terms and conditions of this,Agreement.
NOW,THE EFORE, in consideration of the mutual promises, covenants and agreements stated
herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged. COUNTY and CONTRACTOR agree as follows:
SCOPE OF SERVICES
1. Contractor shall operate, maintain and provide self-service paddleboard and kayak rentals
and safety equipment at waterfront property locations designated by the County in coordination
with the Contractor through Contractor-provided self-service stations for residents and visitors as
set forth in this Agreernent (the``Services'). The waterfront properties designated by the County
include;
• 1-larry Harris Park, located at 50 E Beach Road,Taveri'lier, FL 33070;
• Veterans Memorial Beach, located at 39900 Overseas highway, Little Duck Key
33043;
• Pine Channel Nature Park, located at 29550 Overseas I-Jighway, Big Pine Key, FL
33040; and
Rowells Waterfront Park located,at 104550 O\erseas l4ighway, Key Lai-go, FL 33037;
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(collectively known as the -13renruses"), This Agreement is sutnject to the approval of the Florida
Department of Transportation or other State dCpaTUTMit as necessary.
Prior to delivery of the stations, the County and the Contractor will mutually agree oil
identifying the area at each location where the stations will be installed. The County reserves the
right to add,,delete, or modify locations as necessary in the best interest of the County. Contractor
is responsible for obtaining any applicable permits, permissions, or licenses required by .Monroc,
County, the State of" Florida, and/or any federal agencies for provision and operation of the
services.
2, Contractor shall at, its own expense furnish the services described above and all material
equipment, tools, and labor of every description necessary for and to carry out in good, fin
substantial,and workmanlike manner the following work under the terms and conditions specified
in this Agreement. All trade fixtures and other personal property kiseful from tinny- to time in
connection with Contractor's operation, shall be and, remain the property of Contractor and may
be rei-noved by Contractor prior to or within a reasonable time after expiration or other teniiination of this Agreement provided, however, that Contractor shall repair any damage to the premises
caused by such removal. The failure to remove trade fixtures,or other personal property shall not
constitute a hold-over, but all such property not removed within ten (10) days after Contractor
receives a written demand for such removal shall be deemed abandoned and thereupon shall be the
sole property Of file COLMAY.
3,. The Agreement shall, be effective immediately upon execution by both the County and the
Contractor and shall continue for a period of three (3) years from conu-nencement of"the Services
(the"Commencement Date"),and may by mutual written agreement,be renewed at the same terms
and conditions for two(2) additional one (1) year terms. Contractor shalt have thirty (30)days to
deliver the stations to the designated locations and begin rentals. The Cotinty, through its County
Administrator or his/her designee, has the option and reserves the right to unilaterally extend the
original contract term or any renewal for up to three (3) additional thin-ty (30) day periods, on the
same terms and conditions. Notice of the County's intent to renew shall be provided by the County
in writing to the Contractor prior to the expiration of the Agreement, or the renewal term if the
Agreenient has been previously renewed.
4. Contractor shall provide to the County's representative by the tenth(10") 'business day of
each nionth,monthly written reports that include rental activity per location,zip code of customer,
any user activity/customer arialytics, equipinent and station locations, website and/or social media
analytics to Support,niarketing efforts, and sales for the preceding month.
5. Contractor shall pay to the County a twenty(201%)share of the total monthly gross,revenue
net sales la. for each station for the granted use of the locations on the Premises. Contractor shall,
pay the fees to the COUnly by the IeRth (10') of each Trionth, representing the gross revenue
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collected for the precedingnionth.All Payment should be made payable to Monroe County BOCC
and directed to the Monroe County Parks and Beaches Department Contract Monitor 102050
Overseas Ilwy, Suite 209 Key Laigo, FL 33037. '1'11C County shall have no obligation to make
payment to Contractor under this Agreement.
C. Contractor represents that it now has or shall secure all personnel required to perform the
Services under the Agreement. All personnel assigned to perform the services shall be properly
qualified and trained for the Services to be perfori-ned.
T An inventory of all stations, equipment, and personal property stored at each Premises
location by Contractor must be provided to the County Representative within thirty (30) clays ol'
delivery of a station. The inventory list shall include the type and brand of paddleboards and/or
kayaks to be rented, types of personal flotation devices to be used, and types of paddles and any
other standard rental equipinent. All equipment or other personal property owned by Contractor,
which has been placed or maintained on the Premises by Contractor, is at the sole risk of
Contractor.
8. Contractor acknowledges that this Agreement does not confer any possessory interest in
the Premises but merely gives Contractor permission and authority to provide the Services on the
locations on the lira-raises designated for the stations. Contractor shall not place or attach any
person property, fixture, or structures to the Premises, without the prior written consent of tile
County. The County makes no represcritations, warranties,guarantees concerning the condition of
the Premises or the suitability for Use by the Contractor, The County assume,,, no liability for theft,
loss or damage to Contractor's paddleboards, kayaks or other property and equipment, The
Contractor agrees that,the County is not responsible for providing security at any of the Property
locations where Contractor's property and equipment are stored and located, and Contractor
hereby waives any claims against the County in the event Contractor's paddleboards, kayaks or
other property and equipment arc stolen, lost or damaged,,
ADDITIONA L TERMS AND CONDIII_QNS
9 Total Contract Value: The total contract value cif this Agreement, including renewals,
shall not exceed $100,000,0�0, unless approved by the Monroe County Board of County
Commissioners.
10. Assignment,Transfer, and Subcontracting: Contractor shall not, in any inanner, assign,
transfer, mortgage, pledge, encumber or othenvise convey an interest riterest in this Agreement, nor
contract the services permitted herein or any par( thereof, without the prior written consent of
County, Such consent can be withheld for any reason or for no reason at all. Any such attempted
assignment, transfer, or subcontract without County approval shall be null and void. In the even(
County consents in writing as aforesaid,Contractor shall have the right to the extent penTinted by
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County's consent to subcontract or assign all or any portion of time permitted services, provided
that any such subcontract or assignment shall be lim,ited to only the same purposes as are permitted
under this Agreement,Any such subcontract or assigrunent sh,,,fll be sub��ect to the same conditions,
obligations and terms as set forth herein and Contractor shall be fully responsible for the
observance by its subcontractors of the terms and covenants contained irt this Agin eernent.
Notwithstanding anything hercin to the contrary,�, in the event of ,in approved subcontract,
Contractor shall remain primarily liable to, County for fulfilling all obligations, terms and
conditions of this Agreement, throughout its entire term.
11, Termination: The County may terminate this Agreement for cause should Contractor fail
to perform. Prior to termination for cause, the County shall provide Contractor With seven (7)
calendar days' written notice and provide the Contractor with an opportunity to cure the breach
that has Occurred. If the breach is not cured, the Agreement will be terminated for cause. The
County may terminate this Agreement for convenience,at any time, upon thirty(30)days'written
notice to Contractor. The County may immediately tenvinate this Agreement as otherwise
provided below.
12. Scrutinized Companies: Contractor certifies that it is not on, the Scrutinized Companies
that Boycott Israel List or engaged in a boycott of Israel. Pursuant to section 287.135, F.&, the
Department may immediately tenninatc this Agreement at its sole option if the Contractor is found
to have submitted a false certification-,,or if the Contractor is placed on the Scrutinized Companies
that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. If
this Agreement is 11mr inure than one million dollars, the Contractor certifies that it is also not on
III the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the
Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as
identified in section 287.135, IF,& Pursuant to section 287.135, F , the Department, may
hurnediately terminate this Agreement at its sole option if the Contractor is found to have submitted
a false certification; or if the Contractor is placed on the Scrutinized Cotnpatiies with Activities in
Sudan List, or Scrutinized Companies with Activities in the Iran Petroleurn Energy Sector List,,or
engaged with business operations in Cuba or Syria during the term of the Agreement. As provided
in subsection 287-135(8), F.S., if federal law ceases to authorize these contracting prohibitions,
then they shall become inoperative.
13. Condition of Premises- Contractor has inspected the Prernises and agrees to accept use
of the Premises in its as is"condition.
14, Return of the Premises: Upon cancellation or termination, Contractor shall voluntarily
quit its use ofthe Premises, peacefully remove all equipment, and return the Premises to County
in time same condition as received, on the date of the termination in a satisfactory condition as
determined by the County,
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15. Notice: Whenever either party desires to give notice unto the other, it must, be given by
written notice,delivered(i),in person, (ii)via registered or certified US mail,postage prepaid with
return receipt requested,or(iii)via nationally recognized overnight delivery service,and addressed
to the party for whom it is intended at the place last specified by each party. The place for giving
of notice shall remain such until it is changed by written notice delivered in compliance with the
provisions of this Section 9. For the present, the parties designate thefiollowing as the respective
places for giving ot'notice',
............. ............
For County: For Contractor;
Monroe County Andres Avello, CE0
Parks and Beaches Department
PADL, LLC
102050 Overseas fl wy PO Box 491346
Key Largo,FL 33037 Key Biscayne, FL,33149
and County Attorney
11,11 1211" Street, Suite 408
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16. No�n-exclusive Use. The rights granted under this agreement are non-exclusive. it is
mutually understood and agreed by the County and Contractor that if during the terni hereof, the
Premises or any part thereof shall be required by County for any lawful purpose, particularly
including the use thereoff'or governmental purposes,, then, and in that event, the C(XINTY may
irru-nediatcly terminate the Agreernent or arrange for tu z in aI use of t
I
he Premises during the
Contractor's term.
IT Maintenance of Records: Contractor shall maintain all books, records, and docurnents
directly pertinent to perfortnance sni
der this Agreement in, accor dance with generally accepted
accounting principles consistently applied. Each party to this Agreement or their authorized
representatives, shall have access to such records of each other party to this Agreement for public
records purposes during the terns of the Agrectrient,and for five years following the tertnination of
this Agreement. KnowinglY furnishing the Owner a false Gross Revenue or Rental Activity Report
surnmary under the provisions of this Agreement will COnStiftitc a default by Operator of this
agreement and the Owner may,at its option, i rnmediately tenni nate this agreement.Tile Contractor
shall submit daily reports to the Parks and Beaches Contract Monitor via autonlatically generated
ernail notifications for each station and location.
18. Incident Reporting: Contractor shall notify and submit an Incident Report to the County
Representative or his/her designee within 24 hours of any accident/incident that requires medical
attention, when public safety personnel have been called to assist with a situation, or property
darnage has occurred,
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l 9, Personnel: Contractor shall be solely responsible f6r the supervision, hiring,and firing of
their own employees and volunteers. Contractor shall,,at its own expense,ensure that all of its staff
and personnel who will be involved in the performance of this Agreement have undergone a Level
11 background screening and any other background screening required by law in accordance with
Chapter 4 5, F.S. Documentation demonstrating compliance with this subparagraph along with a
list Of Current personnel must be provided to the County upon request and maintained by
Contractor. Contractor shall ensure that its employees are trained in all appropriate safety
regulations and col-liply with all local, State, and Federal regulations.
20 Governing Law, 'Venue, Interpretation, Costs, and Fees: This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida applicable to
contracts made and to be performed entirely in the State, In the event that any cause of action or
administrative proceeding is instituted for the enforcement or interpretation of this Agreement,the
County and Contractor agree that venue steal I lie in the appropriate court or before the appropriate
administrative body the 16tb .ludicial Circuit in and for Monroe County, Florida. This Agreement
shall not be sulajcct to arbitration.
21 Attorney's Fees and Costs: The Parties agree that in the event any cause of Ution or
administrative proceeding is initiated or defended by any party relative to the enforcement or
interpretation of this Agreement,the,prevailing party shall be entitled to reasonable attorney's fees
and court costs, as all award against the non-pre prevailing party,anti shall include attorney's fees
and courts costs in appellate proceedings, Mediation proceedings initiated and conducted pursuant
to this Agreement shall be in accordance with tile Florida Rules of Civil Procedure and usual and
customary procedures required by the circuit court of Monroe County.
22. Nondiscrimination: The Parties agree that there will be no discrinlination 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
(bi-ther action oil the part of any party, effective the date of the court order, The Parties agree to
comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination.These include but are not limited to: J)Title Vil ofthe Civil Rights Act of 1964
(PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2)Title
IX of the Education Arnendment Or 1972, as amended (20 LJSC ss,1 6�1-1683, and 1685-1686),
which prohibits discruninatioll on the basis of sex; 3) Section 504 o-l"tile Rehabilitation Act of
J 973, as amended (20 USC s. 794'1, which prohibits discrimination oil the basis of handicaps; 4)
The Age Discrimination Act of 1975, as amended ('42 US( ss. 610111-6107) which prohibits
discritnination on the basis of age,-5) The Drug Abase Office and Treatment Act of 1 72 (PL 92-
255),as amended, relating to nondiscrimination on tile basis of drug abuse, 6)The Comprehensive
Alcohol Abuse and Alcoholisrn Prevention,Treatment and Rehabilitation Act of 1970(PL 91-616),
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as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The
Publicl-lealtb Service Act of 1912,ss.523 and 527(42 USC ss. 690dd-3 and 290ce-3),as amended,
relating to confidentialityof alcohol and drug abuse patient records;8)Title V1.11 of the C v-1 Ri ghtsS
Act of 1968 (42 USC S, 3601 et seq,),as amended, relating to nondiscrimination in the sale,rental
or financing of housing; 9)The Arnericarts with Disabilities Act of 1990 (42 USC s. 12101 Note),
as maybe amended from tinge to time,relating to nondiscrimination on the basis of disability; 10)
Monroe County Code Chapter 14, particle 11, which prohibits discrii-nination on the basis of race,
color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression,
familial status or age- 11)Any other nondi scri rninat ion provisions in any Federal or state statutes
which inay apply to the pat-ties to,or the stub matter of, this Agreement.
23. Public Records Compliance: Contractor must comply with Florida public records laws,
including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the
Constitution of Florida, The County and Contractor shall allow and perrnit reasonable access to,
and, inspection of, all documents, records, papers, letters or other "public record" materials in its
possession or under its control SUb ect to the provisions of Chapter 119,F lorida Statutes,and made
or received by tile County and Contractor in conjunction with this contract and related to contract
ti
erforniance. 'The Count-
y shall have the right to unilaterally cancel this contract upon violation of
his provision by Contractor. 1-aijurc ofContractor to abide by the terms of this provision shall be
deemed a material breach of this contract and the County may enforce the tenris, ofthis provision
in the form of a court,procceding and shall, as a prevailing party, be entitled to reit nburserrient of
all attorney fees and costs associated with that proceeding. This provision shall survive any
termination or expiration of the contract. Conti-actor is encouraged to consult with its advisors
about Florida Public Records Law in order to comply with this provision, The Agreement is a
Public Record under Chapter 119, Florida Stal'utes. The parties agree to comply with Chapter 119,
Florida Statutes,
The contractor shall not transfer custody, release,alter, destroy,or otherwise dispose of any public
records unless or othemvise provided in this provision or as otherwise provided by law.
IF THE CONTRAcroR HAS
QUESTIONS REGRADING THE
APPLICATION OF CHAPTER 119 FLORIDA STATUTES Tel TH E
CONTRACTOR'S DUTY, TO PROVIDE PUBLIC RECORDS RELATING
TO THI,S CONTRACT. CONTACT THE CUSTODIAN OF PUBLIC
RECORDS. (305) 292-1470- C10 MONROE COUNTY MTORNEY'S
OFFICE 1111 '12"" SO'RIFFT SUITE 4 8 O KE V WEST, FL 330�4O'.
,
24. Sovereign Immunity and Non-Waiver of IMR]Uftity�. 'File COUTIty S indemnification is
limited and subject to the sovereign inimUnity provisions of Sec. 768.28, Florida Statutes,
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Notwithstanding the provisions of See. 768.28, Florida Statutes, the participation of the County
and Contractor in this Agreement and the acquisition of any commercial, liability insurance
coverage, self-insurance coverage, or local governinent liability insurance pool coverage shall not
II
be deerned a waiver of immunity to the extent of liability coverage, nor shall any contract entered
into by the County be require(] to contain any provision for waiver;. Nothing contained herein is
intended,nor may it be construed,to wauVC COLITIty's rights and itruMinitieS under the common law
or Section 768.28, Florida Statutes, as amended from tirne to time; nor will anything included
herein be construed as consent to be sued by any third parties in any matter arising OLA of"thi Is
Agreement.
25. Non-Reliance by Non-Parties: No person or einity shall be entitled to rely upon the terms,
or any of them., of this Agreenrent to enforce or attempt to enforce any third-party claim or
entitlement to or benefit of`any set-vice or program contemplated hereunder, and the County and
the Contractor agree that neither the County nor the Contractor 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.
26, No,Personal Liability: No covenant or agreement contained herein shall be deemed to be
a covenant or agreement of"any rnerriber, officer, ageni or employee of nroc County in his or
0
her individual capacity, and no member, officer, agent or cniployee of Monroe County shall be
liable personally on this Agreement or be subject to any personal liability or accountability by
reason of the execution ofthis Agreement,,
27. Statutory Requirements and N otices relating to Unauthorized Employment and
Subcoiltracts: E-Verify System: In accordance with R& 448,095, Any Contractor and any
subcontractor shall register with and shall utilize the U.S. Department of Homeland S -Verify
system to verify the work authorization status of all new employees hired by the Contractor during
the term of the Contract and shall expressly require any subcontractors performing work or
providing services pursuant to the(,,ontract to likewise utilize the U.S. Department of Ho -Verity
system to verify the work authorization status of all new employees hired by the subcontractor
during the Agreement term, Any subcontractor shall provide an affidavit stating that the
subcontractor does not eniploy, contract with, or subconstruct with an unauthorized alien.
Contractor shall comply with and be subject to the provisions of F.S. 44KO95.
2& Public Entity Crime: A person or affiliate who has been placed on the convicted vendor
list fbIlowing a conviction for a public entity crime may not submit a bid, proposal, or reply oil a
contract to provide any goods or set-vices to a public entity; may not submit a bid, proposal, or
reply oji a contract with a public entity ]or the construction or repair of a public building or public
8
work; may not submit bids, proposals, or replies on leases ot'real property to a,public entity; may
not be awarded or perform work as a Contractor, supplier, subcontractor, or consultant under a
contract with any public entity- and may not transact business with any public entity in excess of
the threshold arrOUnt,provided in section 287.017, F.S., for C.ATE(3ORY TWO for a period of 36
'ollowing the date of ben placed on the convicted vendor Its
months f
9 sl.
29. Disclosure, of Gifts from Foreign Sources: If this Agreement, is $100,00O or rn -c,
oj
Contractor shall disclose to County any current or prior interest of, any contract with,car any grant
or gift received front a foreign country of concern, as defined in section 86,101, ES�, if such
interest, contract, or grant or gill has a value of$50,000 or more and such interest existed at any
time or such contract, or grant or gill was received or in force at any time during the previous 5
years. Such disclosure shall include the narne and mailing address of the disclosing entity, the
amount ofthe contract or grant or offl, or the value ofthe interest disclosed, the applicable foreign
country of concern and,if applicable, the date ofteri-nination of tile contract or interest, the date of
receipt of the grant or gift, and the naine of the agent or controlled entity that is the source or
interest holder. If the disclosure requirement is applicable as described above, then within I year
before applying 11)r any grant,, Contractor must also provide acopy of'such disclosure to the State
of Florida Department of Financial Services.
30. Suspended Person/Busincss Entity See. 2-347(1), Monroe County Code: In accordance
with Monroe County Code Sec. 2-347(F, the Contractor hereby swears and affirms that it is not it
suspended person or business entity. The employment of a Suspended person/business entity is a
material breach of tile county/contractor contract and entitles the County, in its discretion, to
terminate the contract with no further liability to the Contractor beyond payment of the portion of
the contract price that may be due for work satisfactorily completed up to the date of termination,
3 1, Indemnification & Hold Harmless: Notwithstanding any minimurn insurance
requirements prescribed elsewhere in this Agreement,the Contractor shall defend, indeirtnit�y, and
hold the, County, and the County's elected and appointed officers and employees, harmless froin
and against any claims, actions or causes of action, any litigation, administrative proceedings,
appellate proceedings, or other proceedings relating to any type of in-jury (including death), loss,
damage, fine, penalty or business interruption, and any costs or expenses that may be asserted
against, initiated with respect to, or sustained, by, any indemnified party by reason of, or in
Connection with: (A) any activity of the Contractor or any of its employees, agents, contractors or
other invitees during the term of this Agreement; (B) the negligence or recklessness, intentional
mirongful misconduct, errors or other wrongful act or omission of the Contractor or any of its
employees, agents, sub-contractors or other invitees; or (C) the Contractor's default in respect of
any of the obligations that it undertakes under [hie terms of this Agreement. In consideration of
Contractor's operations being conducted entirely on property owned or operated by the County
("Premises'),Contractor acknowledges that it has Meets given a full and [,,air opportunity to inspect
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the Premises and agrees that they,are safe and suitable for the operations contemplated under this
Agreement; and that accordingly, Contractor's duty of defense and indety.inification specifically
covers claims based on the alleged negligence of tile Counry, including but not limited to premises
liability, except that Contractor shall not be required to indemnify the County for claims arising
from the intentional or reckless actions or on-iissions of the County, i cn ploy s t , is I cc , officers, or
agents. Contractor shall also require that all third-party users execute liability waivers releasing
the County rroni all liability resulting from use of the Contractor's services. This section will
survive the expiration of the term of flits Agreement or ally earlier tennination of this Agreement,
32. Insurance: At, all, times during the term (if this Agreement (including any extensions
thereof Contractor shall maintain the insurance as specified in this so i 11, 1 the ct 0 n event
Contractor fails to maintain all insurance required by this section, County reserves the right to
immediately tenninate this Agreement or suspend all work until the required insurance has been
reinstated. Delays in completion of the work resulting from Contractor's Failure to maintain
required insurance shall not cause the extension of any deadlines specified in this Ngreeinent,and
Contractor agrees to indemnify and hold harmless the County rear any and all increases in cost
resulting from Such delay. Contractor shall maintain the fiollowing coverage:
Commercial General Liability: Contractor's insurance policy shall cover, at a,mininium,
premises operations, personal injury (including death), property damage, products &
completed operations,and blanket contractual liability, If coverage is provided on a Claims
Made basis, Contractor's policy must provide for claims filed during the tern' of this
Agreement, and for hvelve (12) months ,after its termination or expiration. Contractor's
policy shall be endorsed to name Moiu-oe County Board of County Commissioners as
Additional Insured. The ininitnum limits acceptable are: $1,000,000 Combined Single
Limit (CSL)
* Worker's Compensation: Contractor's insurance policy shall reflect coverage and limits,
sufficient to rneet requirements of Chapter 440, Florida Statutes,
* Business Auto Liability: Contractor"s insurance policy shall provide coverage for all
owned, non-owned, and hired vehicles used in the performance of work under this
Agreernent, Contractor's policy s1lall be endorsed to name Monroe County Board of
(-,�ount3,,Conrinissioners as Additional Insured.The nufflifinflil acceptable limit is: S.)00,0()o
Combined Single Lit-nit(,CSL). If Split Lin-ins are provided,the rninimurn acceptable limits
are: $200,000 per person; $300,000 per Occurrence; $1 00,000 Prc)perty Damage.
* Employee Dishonesty:Contractor shall purchase and maintain throughout the term of this
Agreement insurance coverage which will pay for the loss of County funds or property
(zused by the fraudulent or dishonest acts of the Contractor's employees, agents, or
110
representatives,whether acting alone or in collusion with others.The InininlLun acceptable
'limit of liability is,$1 O0,00O per Occurrence.
Prior to cornmencement of work under this Agreement, Contractor shall provide to the County
Risk Manager satisfactory evidence of the required insurance, which may be an Certificate of
Insurance or a copy of the insurance policy, The County reserves the right to request a certified
Copy of Contractor's iTISurance policy. Any deviation fi-oin the insurance requirements specified
herein must be approved by the County'!s Risk Manager on an approved Insurmwe Waiver Forni,
Insurance Waivers may be requested from the isk Management Department-Tel: (3(15)292-3470,
Email: 6sk un inl ac ILI a�!_Ll(4 I_U U1 ,idl-u-civ
33,. COUNTY FORMS: By signing this Agreement, Contractor has sworn or affirtned to the
following requirements as set forth in the Pub]ic Entity
Crime Statement,Ethics Statement. Vendor
Certification Regardirig, Scrutinized Companies List and Affidavit Attesting to Noncoercive
Conduct for Labor or Set-vices as set tbrth in more detail in this Agreement.
34. PUBLIC ENTITV CRIME STATEMENT: Contractor certifies and agrees that.
Contractor nor any Affiliate has been placed on the convicted vendor list within the last 36 months.
In accordance with Section 287,134,Florida Statutes, an entity or affiliate who has been placed
on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may
not submit a bid on a contract to provide goods or services to a public entity- may not Submit a bid
()n a contract with a public entity for the construction or repair of a public building or public work;
may not submit bids on leases of real property to a J.)Ubhc entity; may not be awarded or perform
work, as a contractor, supplier, subcontractor or consultant under a contract with any public entity;
and may not transact business with any public entity,
A person or affiliate who has been placed on the convicted vendor list f6flowing a conviction
,for public entity crime may not subirtit a, bid,proposal or reply on contracts to provide any goods
or semices to a public entity, may not submit a bid, proposal or reply OD a contract with a public
entity for the construction or repair ofa public building or public work, may not submit bids,
proposals or replies on leases of real property to public entity' maynot be awarded or perf'orni
work as a contractor, supplier, subcontractor, Contractor or subcontractor under a contract with
any public entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of
36 months from the date of being placed on the Convicted vendor fist, By signing this Agreement,
Contractor represents that the execution of this Agreement will not violate the Public Entity Crimes
Act (Section 287.133, Florida Statutes), Violation of this section shall result in termination, of this
Agreement and recovery of all nionies paid hereto and may result in debarment from County's
competitive procurement activities.
I understand that pursuant to Section 287,135, Florida Statutes, the submission of a false
certification may subject Contractor to civil penalties, attorney's fees, and/or costs,. I further
I
understand that any contract with the County may be tolillinated,at the ophon ofthe County, if the
Contractor is found to have submitted a false certification or has, been placed on the Scrutinized
Compantes that Boycott Israel List or engaged in a boycott of Israel or placed on, the Scrutinized
Companies,with Activities, in Sudan List or tile Scrutinized Companies with Activities in the Iran
Terrorism List or been engaged in business operations in Cuba or Syria or on the Scrutin�zed List
of Prohibited Companies,
Note: The List are available at the following Department of Manage en S ic s S te:
in I ery e
d
cltg�j su�,pc (Le�L IM M jjws vendor fi,,,ts
I to I
37. NON-COLLUSION AFFIDAVIT. Contractor by signing this Agreement, accorditig to
law on my oath, and under penalty of per ury depose and say that the person sig ing on behalf of
the finn of Contractor, the bidder making the Proposal for the project described in the Scope of
Work and that,I executed the said, proposal with fill I authority to do so; the prices in this bid have
been arrived at independently without collusion, con ultati -g, communication or agreement for
s iot
the purpose of restrictitig competition,as to any matterrelating to such prices with any other b,idder
Or Witt' any competitor; unless otherwise required by law, the. prices which have been quoted in
this bid have not been knowingly disclosed by the bidder and will not knowin ly be disclosed by
9
the bidder prior to bid opening, directly or indirectly, to any other bidder or to any cornpetilor;and
no attempt has been made or will be inade by the bidder to induce any other person,,partnership or
corporation to submit, or not to Submit, a bid for the purpose of restricting competition; the
statements contained in this affidavit are true and Correct, and made with fuil knowledge that
Monroe County relies upon the truth of the statements contained in this affidavit in awarding
contracts for said project,
38. AFFIDAVIT ATTESTING TO NO�NCO�ERCIVE CONDUCT FOR LABOR OR
SERVICES:CONTRACTOR is required to provide an affidavit under penalty of peKiury attesting
that CONTRAC''TOR does not use coercion for, labor or services in accordance with Section
787.06, Florida Statutes,
Execution by the Contractor niust be by a person with authority to bind the entity.
SIGNATURft, OF THE PERSON EXECUTING THE DOCUNIFNT WST Bt.'
NOTARIZED,.
[SIGNATURF, PAGF F01.,1
A -,Ows]
13
..............-. .... ........
,...40 41"cetetiAk
BOARD OF COUNTY COMMISSIONERS bito9' , - 4
OF MONROE COUNTY, FLORIDA f
1.4 . .,.:.-r-- MADOK CLE-0.1
}II' 1 I I .741w, A „_______,---, -,:,--
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By: IF t,,IrlY t 1 Yr' A IP t --f-' -..: -----::----- --. ° DE' TY CLERK
% z, ---..--..•---'--.1' 44
Mayor Michelle Lincoln
CONTRACTOR'S Witnesses Attest: CONTRACTOR:PADL, LLC,
A Florida limited liability comp jf
Contractor must provide two witnesses
Signatures Signature:
Signature n't
Punt Name vv0 Iv A IA--I1
Plint Name: 646r-en- /- *';'.--4)/:'19 if
Title:
. .
Date: ate
/1 0 7.2ca_6-47
D : '
and
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Signature: 6---1-; 7 /
MONROE couNrY ATTORNEY
AppR ft •
Print Name: 6 -irli-er7 ,Oze,-,-1,-,.."-4-1
............... _
miA WALTER
ASSISTANT MINTY ATTORNEY
Date: 6//,f:? /2.4914.- DATE
5/11/2026
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[NOTARY PAGE FOLLOWS]
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STNFE OF COUNTY OF (,kA,� AIM I DA DE7
On (his 14, ay of—1!1 ._ 20 before me, the undersigned notary public,
by mearts ofjX,phys,ical presence or 0 online, personally appeared
AV IX 2V5 LI via C& 'nown to me to be the person whose name is SUbscribed.
, (name ot"affliant) K
above or who produced- 4 -" as identification, and acknowledged that he/she is
the person who executed the ab(w contract witb Monroe County to operate a kayak and
paddleboard share ptogratrf" S'jflg PAJ I;s' GPS, 3G, and self'-locking technology tor the purposes
therein contained.
Notary Public
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Motary Public SWO Of Fiolridal Print Narne M Roy"ry P a
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COMMiSSIon HH 7�6*77
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My commission expires: (Seat) E)Pfreg 1112/2029
15
AFFIDAVIT A'FTESTING TO NONCOERCIVE
CONDUCTFOR LABOR OR SERVICES
Attest:
As defined in Section 787,06(2)(a),coercion means.,
I Using or threating to use physical force against any,person;
I Restraining, isolating, or confining or threating to restrain, isolate,OT confine any
person Without JaWfUl 3LIthority and against her or his will;
31 Using lending or other credit methods to establish a debt by any person when tabor or.
S -vices are pledged as a security for the debt, if the value of the labor or ice
el
sery s,as
reasonably assessed is not aapplied toward the liquidation of the debt,the length and
nature of the mabor or set-vice are no( respectively limited and defined;
4, Destroying, concealing, rei-noving,confiscating,
withholding, or possessing ally
actual or purported passport, visa, or other immigration document, or any other actual
or purported government identification document, of any person;
5. Causing or threating to cause financial barni to any person;
6. Enticitig or luring any person by fraud or deceit„ or
7. Providing as controlled substance as outlined in Schedule I or Schedule 11 of" ection
893.03 to any person for the purpose of exploitation,of that person,
,As a person authorized to sign,on behalf of CONTRACTOR, I certify under penalties ol"pefl'UTY
that C'ONTRACTOR does not use coercion fear labor or services in accordance with Section
787.06. Additionally, CONTRACTOR has reviewed Section 787,06, Florida Statutes, and agrees
to abide by same,
Contrac%r
Signature
Title
Date
16
EXHIBIT A PURCHASING/MTH/ME/AR.
RESOLUTION NO. 2025- 2-,
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF TAMPA AND PADL LLC FOR THE
FURNISHING OF SELF-SERVICE PADDLE BOARD/KAYAK RENTAL SERVICES FOR THE PARKS AND
RECREATION DEPARTMENT FOR USE BY THE PARKS AND RECREATION DEPARTMENT;AUTHORIZING
THE MAYOR TO EXECUTE THE AGREEMENT, PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Tampa issued Request for Proposal (RFP) #t25-P-00002 for the furnishing of Self-
Service Paddle Board/Kayak Rental Services for the Parks and Recreation Department for use by the Parks and
Recreation Department, and
WHEREAS, PADL LLC of Florida is recommended for award', of an Agreement to furnish Self-Service
Paddle Board/Kayak Rental Services for the Parks and Recreation Department.
NOW,THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF TAMPA, FLORIDA:
Section 1. That the Agreement between the City of Tampa and PADL LLC of Florida for the furnishing of
Self-Service Paddle Board/Kayak Rental Services for the Parks and Recreation Department, a copy of which is
attached hereto and made part hereof, is authorized and approved in its entirety or in a form substantially similar
thereof. The term of the Agreement shall be for a three (B) year term with an option to renew the Agreement for
two (2) additional one (1) year terms by mutual written agreement of the parties.
Section 2. This provides commission revenue to the City to be determined based on PADL LLC sales.
PADL LLC shall pay the City twenty (20%) share of the total monthly gross revenue net sales tax for each station for
the granted use of the locations on the City properties. The Agreement will be funded by revenues generated by
PADL LLC by providing rental services and any commissions will be deposited within the General Fund.
Section 3. That the Mayor of the City of Tampa is authorized and empowered to execute, and the
City Clerk to attest and affix the official Seal of the City to, said Agreement on behalf of the City..
Section 4. That the proper officers of the City of Tampa are authorized to do all things necessary and
proper in order to carry out and make effective the provisions of this Resolution, which shall take effect
immediately upon its adoption.
Section S.. That the City Clerk shall file a fully executed copy of the Agreement in the official records of
the City of Tampa as maintained by the Office of the City Clerk,
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF TAMP , �IDA, N
CHAIR/CHAIR PRO-TEM
ATTEST . TAMPA CITY COUNCIL
CITY CLERK,, -T"*CILI lam-
APPROVED AS TO FORM:
/s
BY MARCELLA T. HAMILTON
SENIOR ASSISTANT CITY ATTORNEY III 981
p)C. 2,S-- 0L094l
AGREEMENT FOR SELF-SERVICE PADDLEBOARD/KAYAK RENTAL SERVICES
THIS AGREEMENT FOR SELF-SERVICE PAD DLEBOARD/KAYAK RENTAL SERVICES (the "Agreement")
made and entered into at Tampa, Florida, this 18th day of September, 2025, (the "Effective
Date") by and between the CITY OF TAMPA, a municipal corporation organized and existing
under the Laws of the State of Florida, hereinafter referred to as "City", whose address is 315
East Kennedy Boulevard Tampa, Florida 33602 and PADL LLC, a Florida limited liability company,
hereinafter referred to as "Contractor", whose address is 951 Crandon Boulevard, P.O. Box
491346, Key Biscayne, Florida 33149.
Whereas, the City solicited Request for Proposals (RFP) #25-P-00002 for Self-Service
Paddleboard/Kayak Rental Services;and
Whereas, the Contractor proposes to operate a kayak and paddleboard share program
with the City using its GPS, 3G, and self-locking technology in its fleet such that kayaks and paddle
boards may be locked and opened by users with an app and tracked to provide for operation and
maintenance;and
Whereas, the City has selected the Contractor to provide such Paddleboard/Kayak
Rental Services.
Now,therefore,
In consideration of the mutual stipulations, agreements, and covenants herein contained, the
parties hereto have agreed and hereby agree with each other or their executors, administrators,
heirs or successors,and assigns,as follows:
FIRST:
Contractor shall at its own cost and expense furnish the services described below and all material,
equipment, tools, and labor of every description necessary for and to carry out in good, firm,
substantial and workmanlike manner the following work under the terms and conditions as
specified in this Agreement and the following attachments made part of this Agreement:
(X) Request for Proposals (RFP) #25-P-00002 for Self-Service Paddleboard/Kayak Rental
Services, inclusive of all parts and attachments, Addendum #1 and Addendum #2 in latest
date order
(X) Contractor's Proposal and Affirmation in response to RFP#25-P-00002
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#WCLNZ15YOD372Pv1
SECOND:
Contractor shall operate, maintain and provide self-service paddleboard and kayak rentals and
safety equipment at waterfront property locations designated by the City in coordination with the
Contractor through Contractor-provided self-service stations for residents and visitors as set forth
in this Agreement(the"Services").The waterfront properties of the City include Cypress Point Park,
5620 West Cypress Street, Tampa, Florida 33607, Picnic Island Park, 7404 Picnic Island Boulevard,
Tampa, Florida 33616 and Lowry Park Boat Ramp (Kayaks only) 1204 West Floria Street, Tampa,
Florida 33604, (the "Properties"). Prior to delivery of the stations, the City and the Contractor will
mutually agree on identifying the area at each location where the stations will be installed. The City
reserves the right to add, delete, or modify locations as necessary in the best interest of the City.
Contractor is responsible for obtaining any applicable permits, permissions,or licenses required by
the City, Hillsborough County, the state of Florida, and/or any federal agencies for provision and
operation of the services.
THIRD:
The Contractor shall provide to the City's representative by the fifth (51') business day of each
month, monthly written reports that include rental activity per location, zip code of customer, any
user activity/ customer analytics, equipment and station locations, website and/or social media
analytics to support marketing efforts,and sales for the preceding month.
FOURTH:
Contractor represents that it now has or shall secure all personnel required to perform the Services
under this Agreement. All personnel assigned to perform the services shall be properly qualified
and trained for the Services to be performed.
FIFTH:
Contractor acknowledges that this Agreement does not confer any possessory interest in the
Properties but merely gives Contractor permission and authority to provide the Services on the
locations on the Properties designated for the stations. Contractor shall not place or attach any
personal property,fixture, or structures to the properties without the prior written consent of the
City. The City makes no representations,warranties,or guarantees concerning the condition of the
Properties or their suitability for use by the Contractor. The City assumes no liability for loss or
damage to Contractor's paddleboards, kayaks, or other property and equipment. The contractor
agrees that the City is not responsible for providing security at any of the Property locations where
Contractor's property and equipment are stored and located, and Contractor hereby waives any
claim against the City in the event Contractor's paddleboards, kayaks or other property and
equipment are lost or damaged.
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#WCLNZ]5YOD372Pv1
SIXTH:
The Contractor shall pay to the City a twenty (20%) share of the total monthly gross revenue net
sales tax for each station for the granted use of the locations on the Properties. Contractor shall pay
the fees to the City by the tenth (101h) business day of each month, representing the gross revenue
collected for the preceding month.
SEVENTH:
The Agreement shall be effective immediately upon execution by both the City and the
Contractor and shall continue for a period of three(3)years from commencement of the Services
(the "Commencement Date"), and may, by mutual written agreement, be renewed at the same
terms and conditions for two (2) additional one (1)year terms. Contractor shall have thirty(30)
days to deliver the stations to the designated locations and begin rentals.
The City, through its Director of Purchasing, has the option and reserves the right to unilaterally
extend the original contract term or any renewal term for up to three (3) additional thirty (30)
day periods, at the same terms and conditions. Notice of the City's intent to renew shall be
provided by the City in writing to the Contractor prior to the expiration of the Agreement, or the
renewal term if the Agreement has been previously renewed.
Upon expiration or earlier termination of the Agreement, Contractor shall, at its sole cost and
expense,vacate the Properties, remove the stations and all personal property and equipment, and
restore the designated locations on the Properties to the condition that existed at the
commencement of the Agreement.
EIGHTH:
Contractor shall not transfer or assign this Agreement without the prior written approval of City;
and,during the progress of the work,Contractor shall comply with applicable Federal,State,County
and City laws, rules, regulations, codes,and rules applicable to this contract.
NINTH:
This Agreement shall be interpreted and construed in accordance with the laws of the State of
Florida. Venue for any action shall be brought exclusively in a court of competent jurisdiction in
Tampa (Hillsborough County) Florida.
TENTH:
If any part, terms, or provisions of this Agreement shall be held illegal, unenforceable, or in
conflict with any law of a federal, state, or local government having jurisdiction over this
Agreement,the validity of the remaining portions or provisions shall not be affected thereby.The
3
#WCLNZ35YQD372Pv1
City and Contractor will in good faith attempt to replace an invalid or unenforceable clause with
one that is valid and enforceable.
ELEVENTH:
The City does not explicitly or impliedly waive its rights to the privileges, rights, immunities, or
limitations of liability provided in Section 768.28, Florida Statutes, or any other statutory
limitations provided for in the Florida Statutes, nor does it extend the City's liability beyond the
limits established in Section 768.28, Florida Statutes.
TWELFTH:
Contractor shall perform the Services provided by this Agreement as an independent contractor,
and nothing contained herein shall in any way be construed to constitute Contractor to be a
representative, agent, subagent, or employee of the City or any political subdivision of the State
of Florida. No person performing work or providing services for Contractor under this Agreement
shall be entitled to any benefits available or granted to employees of the City. Contractor
assumes full responsibility for the payment and reporting of all local, state, foreign, and federal
taxes and other contributions imposed or required under unemployment,social security, income
tax, and similar laws,with respect to the performance of Contractor's obligations required by this
Agreement by, or on behalf of, Contractor to the City. Notwithstanding anything in this
Agreement to the contrary, Contractor shall not have the right or power to make any contracts,
commitments, or admissions of liability for or on behalf of the City. Contractor shall be solely
responsible for the means, methods and procedures used by Contractor to perform under this
Agreement.
THIRTEENTH:
This Agreement may not be modified, amended or extended verbally or by conduct but only by
a writing duly executed by the parties herein.
FOURTEENTH:
Nothing contained in this Agreement shall create a contractual relationship with or a cause of
action in favor of a third party against either the City or Contractor.
FIFTEENTH:
A waiver of any provision of this Agreement shall be valid and effective only if it is in writing and
signed by or on behalf of the party granting the waiver. No delay or course of dealing by a party
to this Agreement in exercising a power, right,or remedy under this Agreement will operate as a
waiver of any power, right, or remedy of that party, except to the extent expressly set forth in a
writing signed by or on behalf of that party. In addition,the written waiver by a party of a power,
right, or remedy under any provision of this Agreement will not constitute a waiver of any
4
#WCLNZ15YOD372Pv1
succeeding exercise of the power, right, or remedy or a waiver of the provision itself.Any waiver
shall be limited to the particular right so waived and shall not be deemed to waive any other right
under this Agreement.
SIXTEENTH:
Whenever either party desires to give notice unto the other, it must be given by written notice,
delivered (i) in person, (ii) via registered or certified United States mail, postage prepaid with
return receipt requested, or (iii) via nationally recognized overnight delivery service, and
addressed to the party for whom it is intended at the place last specified by each party.The place
for giving of notice shall remain such until it is changed by written notice delivered in compliance
with the provisions of this Sixteenth Paragraph. For the present, the parties designate the
following as the respective places for giving of notice:
For City: For Contractor:
Director of Purchasing Andres Avello, CEO
Purchasing Department PADL, LLC
Hanna City Center PO Box 491346
2555 East Hanna Avenue Key Biscayne, FL 33149
Tampa, FL 33610
SEVENTEENTH:
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, but all of which,taken together, shall constitute one and the same agreement. Each
party agrees that this Agreement and any other documents to be delivered in connection
herewith may be electronically signed, and that any electronic signatures appearing on this
Agreement or such other documents are the same as handwritten signatures for the purposes
of validity,enforceability, and admissibility.
EIGHTEENTH:
Contractor shall notify the City in writing within twenty-four(24) hours of any accident/incident
that requires medical attention,when public safety personnel have been called to assist with a
situation, or property damage has occurred.
NINETEENTH:
Any failure of the Contractor to satisfy the requirements of this Agreement, as documented by the
City's representative,shall be considered a default of the Agreement and sufficient reason for
termination. For defaults that the City deems curable, Contractor shall be notified in writing by the
City and shall have an opportunity to cure the default within ten (10) calendar days after such
notification or for a longer period of time that the City, in its sole determination,deems
5
#WCLNZ35YOD372Pv1
acceptable. For defaults deemed not curable by the City,written notice of the termination date
shall be given to the Contractor.
The City shall also have the right to terminate this Agreement in the event that the Contractor shall
be placed in either voluntary or involuntary bankruptcy or an assignment is made for the benefit of
creditors.
The City shall have the right at any time upon thirty(30) calendar days'written notice to the
Contractor to terminate the Services of the Contractor for convenience.
In the event the City's termination for default is deficient, at the option of the City,such
termination shall be deemed a termination for convenience.
The Contractor shall make all payments to the City required under this Agreement for sales made
through the date of termination.
TWENTIETH:
Contractor shall secure and maintain throughout the duration of this Agreement insurance of such
types and in such amounts not less than those specified below as satisfactory to the City, naming
the City as an Additional Insured, underwritten by a firm rated A-X or better by AM Best and
qualified to do business in the State of Flonda.The insurance coverage shall be primary insurance
with respect to the City, its officials employees,agents and volunteers naming the City as
additional insured. Any insurance maintained by the City shall be in excess of Contractor's
insurance and shall not contribute to Contractor's insurance.The insurance coverages shall
include at a minimum the amounts set forth in this Twentieth Section and may be increased by the
City as it deems necessary or prudent. Commercial General Liability coverage with limits of liability
of not less than a $1,000,000 per Occurrence combined single limit. The General Aggregate
Liability limit shall be in the amount of$2.000,000.Workers Compensation and Employer's liability
insurance,to apply for all employees for statutory limits as required by applicable State and
Federal laws. No employee, subcontractor or agent of the Contractor shall be allowed to provide
services pursuant to this Agreement who Is not covered by Worker's Compensation insurance. in
accordance with Florida law, as to the ownership, maintenance, and use of all owned, non-owned,
leased, or hired vehicles.Automobile Liability insurance shall not be less than: (a)$500,000
combined single limit each occurrence bodily injury and property damage for Agreements valued
at$100,000 or less or(b)$1M combined single limit each occurrence bodily injury and property
damage for Agreements valued over$100,000.
a. Certificates of Insurance.Certificates of Insurance shall be provided to the City, reflecting
the City as an Additional Insured (except with respect to Worker's Compensation
insurance), no later than ten (10)days after award of this Agreement and prior to
commencing any Services. Each certificate shall include no less than (30)thirty-day
advance written notice to City prior to cancellation,termination,or material alteration of
said policies or insurance. Contractor shall be responsible for assuring that the insurance
6
#WCLNZ35YOD372Pv1
certificates required by this Section remain in full force and effect for the duration of this
Agreement, including any extensions or renewals that may be granted by the City. The
Certificates of Insurance shall not only name the types of policy(ies)provided, but also shall
refer specially to this Agreement and shall state that such insurance is as required by this
Agreement. City reserves the right to inspect and return a certified copy of such policies,
upon written request by the City. If a policy is due to expire prior to completion of the
Services, renewal Certificates of Insurance shall be furnished thirty(30)calendar days prior
to the date of their policy expiration. Each policy certificate shall be endorsed with a
provision that not less than thirty(30)calendar days'written notice shall be provided to
the City before any policy or coverage is cancelled or restricted.Acceptance of the
Certificate(s)is subject to approval of the City.Certificate Holder shall be the City of Tampa,
Florida.
b. Additional Insured. Except with respect to Worker's Compensation Insurance,the City is to
be specifically included as an Additional Insured for the liability of the City resulting from
Services performed by or on behalf of Contractor in performance of this Agreement.
Contractor's insurance, including that applicable to the City as an Additional Insured,shall
apply on a primary basis and any other insurance maintained by the City shall be in excess
of all and shall not contribute to Contractor's insurance. Contractor's insurance shall
contain a severability of interest provision providing that, except with respect to the total
limits of liability,the insurance shall apply to each insured or Additional Insured (for
applicable policies) in the same manner as if separate policies had been issued for each.
Deductibles-All deductibles or self-insured retentions must be declared to and be
reasonably approved by the City. Contractor shall be responsible for the payment of any
deductible or self-insured retentions in the event of any claim. The provisions of this
Section shall survive termination of this Agreement.
c. Waiver of Subrogation.With regard to any policy of insurance that would pay third party
losses, Contractor hereby grants City a waiver of any right to subrogation which any insurer
of Contractor may acquire against the City by virtue of the payment of any loss under such
insurance. Contractor agrees to obtain any endorsement that may be necessary to affect
such waiver, but this provision shall apply to such policies regardless.
TWENTY-FIRST.
Contractor shall indemnify and hold harmless,assume legal liability for and defend the City, its
officers, agents and employees,whether they be current or former from and against any and all
actions,demands,claims, losses, suits, liabilities,assertions of liability, losses, costs,and expenses,
in law or in equity,causes of action,judgment or damages, arising from or related to Contractor's
performance or non-performance of any provision of this Agreement, including, but not limited to,
liabilities arising from contracts between Contractor and third parties made pursuant to this
Agreement.Contractor shall reimburse City for all its expenses including reasonable attorneys'
fees and costs incurred in and about the defense of any such claim or investigation and for any
judgment or damages arising from Contractor's performance or non-performance of this
7
#WCLNZ15YOD372Pv1
Agreement. Nothing in this Agreement shall be deemed or construed as a waiver by the City of any
privilege, immunity or limitation of liability contained in Section 768.28, Florida Statutes.
IN WITNESS WHEREOF, the authorized representative of each party hereunto have executed this
Agreement on the day and year first written above.
ATTEST: CITY OF TAMPA
By:(?'
(SEAL)CITY CLERK/DEPUTY CITY CLERK JANE CASTOR, MAYOR
APPROVED AS TO FORM: PADL LLC
�"D JUG
MARCELLAT. HAM ILTON
ASSISTANT CITY ATTORNEY BY: Andres Avello
TYPE or PRINT
TITLE: CEO &Founding Partner
(Pres.,V-Pres.,Partner, Managing Member,
Owner)
Corporation
Partnership [ ]
Individual
LLC [ ]
Incorporated in the State of
Florida
8
#WCLNZ15YOD372Pv1
DATE(MMIDD/YYYY)
AC"R" CERTIFICATE OF LIABILITY INSURANCE
06/18/2026
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 Stacy Ellis
NAME:
SPR Insurance Group,LLC A/cNN Ext: (305)397-0500 a/c,No: (305)760-2908
18305 Biscayne Blvd E-MAIL Stacy@sprinsgroup.com
ADDRESS:
Suite 218 INSURER(S)AFFORDING COVERAGE NAIC#
Aventura FL 33160 INSURERA: Kinsale Insurance Company 38920
INSURED INSURER B: MSIG Specialty Insurance USA Inc.
PADL,LLC INSURER C: At-Bay Specialty Insurance Company 19607
PO Box 491346 INSURER D:
INSURER E
Key Biscayne FL 33149 INSURER F:
COVERAGES CERTIFICATE NUMBER: CL2652815354 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAYBE 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 POLICY EFF POLICY EXP
LTR INSD WVD POLICY NUMBER MMIDD/YYYY MMIDD/YYYY LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
CLAIMS-MADE FX OCCUR PREM SDAMAGES Ea oNcurDreme $ 100'000
MED EXP(Any one person) $ 5,000
A Y 01002412543 05/19/2026 05/19/2027 PERSONAL&ADV INJURY $ 1,000,000
GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000
JECT LOC PRODUCTS-COMP/OPAGG $POLICY El PRO 2,000,000P1
OTHER: Each Claimant Limit $ 1,000,000
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
Ea accident
ANYAUTO BODILY INJURY(Per person) $
B OWNED SCHEDULED Y HN01000648-02 05/23/2026 05/23/2027 BODILY INJURY(Pe r accide nt) $
AUTOS ONLY AUTOS
X HIRED �/ NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY /� AUTOS ONLY Per accident
Hired And Non Owned $ 1,000,000
X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000
A EXCESS LAB CLAIMS-MADE 01004514770 05/19/2026 05/19/2027 AGGREGATE $ 3,000,000
DED I I RETENTION $ $
WORKERS COMPENSATION PER OTH-
AND EMPLOYERS'LIABILITY Y/N STATUTE F I ER
ANY PROPRIETOR/PARTNER/EXECUTIVE ElN/A E.L.EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
Cyber Liability
C AB-6615453-05 12/02/2025 12/02/2026 Limit $
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Below mentioned certificate holder included as Additional Insured with respects to General Liability and Auto Liability when required by a written contract.
APPROVED BYri RISK
//M��ANAGEMIENT
BY
18.26 '�ldKA.t-
6
DATE
WAIVER NIA YES X
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS.
1100 Simonton St.
AUTHORIZED REPRESENTATIVE
Key West FL 33040
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
DATE(MM/DD/YYYY)
+ CERTIFICATE OF LIABILITY INSURANCE 06/11/2026
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 NAME: FrankCrum Certificate Department
PHONE: (727)799-1229 FAX:
E-MAIL ADDRESS: certs@frankcrum.com
FrankCrum Insurance Agency,Inc. INSURERS(S)AFFORDING COVERAGE NAIC#
100 South Missouri Avenue
Clearwater,FL 33756 INSURER A: Frank Winston Crum Insurance Company 11600
INSURED INSURER B:
INSURER C:
INSURER D:
FrankCrum L/C/F PADL LLC INSURER E:
100 South Missouri Avenue
Clearwater,FL 33756 INSURER F:
COVERAGES CERTIFICATE NUMBER: 1593525 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 INSRD WVD (MM/DD/YYYY) (MM/DD/YYYY)
COMMERCIAL GENERAL LIABILITY EACH OCCURENCE $
CLAIMS MADE ❑OCCUR DAMAGE TO RENTED PREMISES(Ea $
occurence)
MED EXP(Any one person) $
PERSONAL&ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
POLICY [::]PROJECT❑LOC PRODUCTS-COMP/OP AGG $
OTHER
AUTOMOBILE LIABILITY COMBINED SINGLE UNIT(Ea accident) $
ANY AUTO BODILY INJURY(Per person) $
OWNED AUTOS SCHEDULED BODILY INJURY(Per accident) $
ONLY AUTOS
HIRED AUTOS NON-OWNED PROPERTY DAMAGE(Per accident) $
ONLY AUTOS ONLY
UMBRELLA LIAB OCCUR EACH OCCURENCE $
EXCESS LIAB CLAIMS MADE AGGREGATE $
DED I RETENTION$ $
WORKERS COMPENSATION X I PER STATUE OTHER
AND EMPLOYERS'LIABILITY Y/N
ANY PROPRIETOR/PARTNER/EXECUTIVE
A OFFICER/MEMBER EXCLUDED? N/A WC202600000 01/01/2026 01/01/2027 E.L.EACH ACCIDENT $1,000,000
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under DESCRIPTION OF
OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Effective 07/31/2023,coverage is for 100%of the employees of FrankCrum leased to PADL LLC(Client)for whom the client is reporting hours to FrankCrum.Coverage is not
extended to statutory employees.
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 St.
Key West,FL 33040-
@ 1988-2016 ACORD CORPORATION.All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
COUNTY,MONROE
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 or purchase.
Contractor/Vendor: PADL, LLC
Project or Service: Kayak / Paddleboard Self-Service Kiosk Operation
Contractor/Vendor 951 Crandon Blvd., P.O. Box 491346
Address&Phone#:
Key Biscayne, FL 33149
General Scope of work: Installation and operation of self-service kiosks
for rental of paddleboards and kayaks. Includes
payment processing and cost sharing with County
Reason for Waiver or Per John Allen, Contractor will provide County with
Modification: direct access to transaction-level financial reporting for kiosks,allowing Parks staff to audit
cost-sharing payments to County
Policies Waiver or
Modification will apply to: Employee Dishonesty
John Allen Digitally signed by John Allen
Signature of Requestor: Date:2026.05.08 14:40:12-04'00'
Date: 5/8/26 Approved ,—, Not Approved ❑
Gaelan P Jones Digitally signed by Gaelan P Jones
Risk Management Signature:_ Date:2026.05.08 14:31:17-04'00'
Date:
County Administrator appeal:
Approved: Not Approved:
Date:
Board of County Commissioners appeal:
Approved: Not Approved:
Meeting Date: