Okaloosa County BOCC — October 16, 2012 — Contract & RFP

CONTRACT This agreement, executed in Crestview, Florida _ this day of 2012 between the County of Okaloosa, Florida Owner, hereinafter called the Party of the First Part, and Js/and. Sande Beath Service of! Nd te SUCCESSOTS, executors, administrators and assigns, hereinafter called the Party of the Second Part. WITNESSETH: That for and in consideration of payments, hereinafter mentioned, to be made by the Party of the First Part, the Party of the Second Part agrees to furnish all equipment, machinery, tools and labor; to furnish and deliver all materials required to be furnished and delivered in and about the improvement and fo do and perform all work related to providing Beach Concession Services per Bid #54-12 as per the attached proposal in strict conformity with the provisions of this Contract, the Notice to Contractors, the Specifications and the Plans approved by the Owner. The said Plans, Specifications, the Notice to Contractors, and the Proposal are hereby made a part of this agreement as fully and to the same effect as if the same had been set forth at length in the body of this agreement. As security for the full and faithful performance of this contract and all the incidents thereto, the Party of the Second Part had made and furnished a Contract Bond with as Surety (as required per the bid package), which is accepted by Parties of the First Part and made a part of this contract. In consideration of the foregoing promises, the Party of the First Part agrees to pay to the Party of the Second Part such unit prices for the work actually done as are set out in the accompanying proposal in the manner provided in the said Specifications. This contract will commence upon contract signatures of both parties and will run through September 30, 2015. This contract may be renewed for one additional three (3) year period upon written agreement by both parties. This contract may be cancelled by either party for failure to perform with written thirty (30) day notice. The contractor shall be prepared to begin work to be performed under the contract as he set forth in his proposal, but will not proceed until he receives official notice to begin. REPRESENTATIVES: The authorized representative of the County shall be: Amy Allen, Okaloosa County Public Works 1759 S. Ferdon Blvd. Crestview FL 32539 850-689-5770 E-Mail: aallen@co.okaloosa.fl.us The authorized representative for Island Sands Beach nee shall be: ok NW eeran Cox ?O Bex Yb Oeskrn, Fl 32540 E-Mail: _ bein 1g Co x)_yo-hoo. Cow~ Last Revised - 09/17/2012 Page 23 All notices required by this agreement shall be in writing to the representative listed above with a courtesy copy to the following: Jack Allen Contracts & Leases Okaloosa County Purchasing Department 602-C North Pearl Street Crestview, FL 32536 850-689-5960 / 850-689-5998 (FAX) E-Mail: jallen@co.okaloosa.fl.us IN WITNESS WHEREOF, the Chairman of the Board of County Commissioners, by authority vested in him, has hereunto subscribed his name on behalf of the County of Okaloosa, Florida, the Owner, and the said has hereto fixed his signature, the day and year above written. WITNESS; (Bln )slan d Sends Sach Servet ao CONTRACTOR of Aw Fl, LLC sy rae Musas ag Mtn a ITLS STATE OF FLORIDA COUNTY OF OKALOOSA This contract is accepted this day of 2012 and is effective on the day of 2012. ATTEST: COUNTY OF OKALOOSA, FLORIDA BY Gary Stanford Don R. Amunds, Chairman Deputy Clerk of Court Last Revised - 09/17/2012 Page 24 BID SHEET DATE: lo/i7 [20/2 PROPOSAL #: BCC 54-12 PROPOSAL ITEM: BEACH CONCESSION SERVICES SUBMITTAL #1 Okaloosa Parks & Accessways: 2"4 Saturday in March — 2.4 Weekend in October Beach chair & umbrella rental @ James Lee Park, Newman C. Brackin (The Boardwalk), John Beasley Park & Marler Park. Operation of small concession 0O Stands @ John Beasley Park & Ross Markler Park only. 3 O, Oe. per year SUBMITTAL #2 Okaloosa Parks & Accessways: 2"4 Saturday in March — 2.4 Weekend in October To include submittal #1 & optional sales & rental. $ per year ANTI-COLLUSION STATEMENT: The below signed bidder has not divulged to, discussed or compared his bid with other bidders and has not colluded with any other bidder or parties to bid whatever. (Note: No premiums, rebates, or gratuities permitted either with, prior to, or after any delivery of materials. Any such violation will result in the cancellation and/or return of material (as applicable) and the removal from bid list(s). Island Sands Beach Service of NW FL, ULC wrt, ; fo, Bidder’s Company Name Authorized Signature — Manual ZT Ninclusteia| Street FockWalton Beach, FL [Srian, Cox 32548 Authorized Signature — Typed (0 Box 4b Westra, FL 32540 Manarayrng Membec Address Title ve 350 -259-YP I, N [A Phone # Fax # 51 - 06240 TY loriang Cox M yahoo. Com Federal ID # or SS # E-mail address —T Last Revised - 09/17/2012 Page 25 a ey gu “NO CONTACT CLAUSE” The Okaloosa County Board of County Commissioners have established a solicitation silence policy (No Contact Clause) that prohibits oral and written communication regarding all formal solicitations for goods and services (formal bids, Request for Proposals, Requests for Qualifications) issued by the Board through the County Purchasing Department. The period commences when the procurement document is received and terminates when the Board of County Commissioners approves an award. When the solicitation silence period is in effect, no oral or written communication is allowed regarding the solicitation between prospective bidders/proposers and members of the Board of County Commissioners, the County Administrator or members of the Board Approved Review Committee. All questions or requests for information regarding the solicitation must be directed to the designated Purchasing Representative listed in the solicitation. Any information thought to affect the committee or staff recommendation submitted after bids are due, should be directed to the Purchasing Director or his appointed representative. It shall be the Purchasing Director's decision whether to consider this information in the decision process. Any attempt by a vendor/proposer to influence a member or members of the aforementioned shall be grounds to disqualify the proposer from consideration during the selection process. All proposers must agree to comply with this policy by signing the following statement and including it with their submittal. | te nee fox representing Isload Sands Beadn Service Signature Company Name Hereby agree to abide by the County's “No Contact Clause” and understand violation of this policy shall result in disqualification of my proposal/submittal. ————— ee Last Revised —- 09/17/2012 Page 15 of NWF, LLe INDEMNIFICATION AND HOLD HARMLESS To the fullest extent permitted by law, CONTRACTOR shall indemnify and hold harmless COUNTY, its officers and employees from liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of this Agreement. Islead Sands Beatle Service of Nw FLLLC we Poll Bidder’s Company Name Authorized Signature — Manual 27 ladustria| Si FockWalton Beach, met Sean Cox Physical Address 32 Authorized Signature — Typed ('O fox l4b Oeshin FL32540 Manone ine Member Mailing Address . Title % &% N/A Phone Number FAX Number $50-259-4F96 950-b675° 7983 Cellular Number After-Hours Number(s) 10 17/2012 DATE Last Revised — 09/17/2012 Page 16 CONFLICT OF INTEREST DISCLOSURE FORM For purposes of determining any possible conflict of interest, all bidders/proposers, must disclose if any Okaloosa Board of County Commissioner, employee(s), elected Officials(s), or if any of its agencies is also an owner, corporate officer, agency, employee, etc., of their business. Indicate either “yes” (a county employee, elected official, or agency is also associated with your business), or “no”. If yes, give person(s) name(s) and position(s) with your business. YES NO. x NAME(S) POSITION(S) FIRM NAME: Island Sands eacl. Service of NW FL, LLC BY (PRINTED): Srian Cox BY (SIGNATURE): aoa lk TITLE: Monet ng Melos ADDRESS: 27 Indus toia| Street Fork Waltwn Bean, PL 32599 PHONE NO. _¥S5O- 253- YF E-MAIL cian 4 cox © yabwo. Coy~ Last Revised - 09/17/2012 Page 17 DRUG-FREE WORKPLACE CERTIFICATION THE BELOW SIGNED BIDDER CERTIFIES that it has implemented a drug-free workplace program. In order to have a drug-free workplace program, a business shall: Is Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2, Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3: Give each employee engaged in providing the commodities or contractual services that are under quote a copy of the statement specified in subsection 1. 4, In the statement specified in subsection 1, notify the employees that, as a condition of working on the commodities or contractual services that are under quote, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in, drug abuse assistance or rehabilitation program if such is available in employee's community, by any employee who is convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign this statement, | certify that this firm complies fully with the above requirements. DATE: lo/y-7 20/2. SIGNATURE: Z == ie COMPANY: Island Sands Brats Seovicl NAME: [Setar Cox oF Nw FL, LLC (Typed or Printed) appress: 27 Industria Street TITe:_AMA anon tag Mimbo o + Walk FL o od bow ae E-MAIL: lootany Cox P yahoo .Can— PHONENO.: 340-259-989 Last Revised - 09/17/2012 Page 18 LOCAL PREFERENCE DATA SHEET Refer to Special Bid Condition Does the state, county, municipality or political subdivision in which your firm is located offer a preference to their local bidders? (If your firm is located in Okaloosa County, you will check “NO.") If “YES,” list below the extent of such preference. YES NO. o® Island Sands Seacl Service of Nw BO pene oe Bidder's Company Name FL J LLC Authorized Signature — Manual lovin Cox yahoo. Cow Soran Cox E-Mail 7 / Authorized Signature — Typed a a ST Last Revised - 09/17/2012 Page 19 October 18, 2012 BRIAN COX DBA ISLAND SANDS BEACH SERVICES OF NW FL 27 INDUSTRIAL ST NW FORT WALTON BEACH, FL 32548-4813 Dear BRIAN COX DBA ISLAND SANDS BEACH SERVICES OF NW FL, We are pleased to present you with this Bid Bond. Our agency has reviewed your current bid bond need based on the information you have provided to us for this job proposal. If the job is awarded to your company, and final bonds are required, the premium based on the estimated bid amount would be $835.73. This premium was developed using the estimated job cost and rates from Auto-Owners Insurance Company, a company we trust and who has earned our confidence. Carefully review our information summary to make sure your bond is correct. Auto-Owners Insurance Group has the financial strength to be ranked among the leaders in the industry for financial security. Their A++ (Superior) rating by A.M. Best Company places them among the top four percent of all companies within the insurance industry. Their financial strength is your security should a loss occur. Please contact our agency for all your bond needs. We are here to answer any questions tegarding this bond or any other items you may wish to discuss. Thank you for looking to NICEVILLE INSURANCE AGENCY for help with your bond needs. We look forward to being of assistance to you. Sincerely, GARRETT FLOYD NICEVILLE INSURANCE AGENCY Bertha X 2559 @ Bond Number _BD131728 ‘Auto-Owners Insurance Life Home Car Business TheNo Problem Ayple® BID BOND KNOW ALL BY THESE PRESENTS, that we, Island Sands Beach Service of NW FL LLC (hereinafter called the Principal), as Principal, and AUTO-OWNERS INSURANCE COMPANY (hereinafter called the Surety), as Surety, are held and firmly bound unto __ The Board of County Commissioners of Okaloosa County (hereinafter called the Obligee), in the penal sum of 9 Percent of bid Dollars (___% of Attached bid) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that WHEREAS, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for Beach Concession Services NOW, THEREFORE, if the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter in the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful performance of the said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed the _19th_ day of October , 2012 “4 a“ =F = + - Witness Principal fo Prraiwn, Mewloe OOF Title Attorney-in-Fact Witness , Auto-Owners Insurance Company Zp Z Hp, 2d. SF — ff " i T 29392 (3-11) DATE AND ATTACH TO ORIGINAL BOND AUTO-OWNERS INSURANCE COMPANY LANSING, MICHIGAN NO. BD131728 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the AUTO-OWNERS INSURANCE COMPANY AT LANSING, MICHIGAN, a Michigan Corporation, having its principal office at Lansing, County of Eaton, State of Michigan, adopted the following Resolution by the directors of the Company on January 27, 1971, to wit: "RESOLVED, That the President or any Vice President or Secretary or Assistant Secretary of the Company shall have the power and authority to appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity, and other writings obligatory in the nature thereof. Signatures of officers and seal of Company imprinted on such powers of attorney by facsimile shall have same force and effect as if manually affixed. Said officers may at any time remove and revoke the authority of any such appointee." Does hereby constitute and appoint STEPHEN G FLOYD its true and lawful attorney(s)-in-fact, to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and the execution of such instrument(s) shall be as binding upon the AUTO-OWNERS INSURANCE COMPANY AT LANSING, MICHIGAN as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. IN WITNESS WHEREOF, the AUTO-OWNERS INSURANCE COMPANY AT LANSING, MICHIGAN, has caused this to be signed by its authorized officer this 2nd day of October, 2012 hid Kenneth R. Schroeder Senior Vice President STATE OF MICHIGAN) .< COUNTY OF EATON On this 2nd day of October, 2012 before me personally came Kenneth R. Schroeder, to me known, who being duly sworn, did depose / and say that they are Kenneth R. Schroeder, Senior Vice President of AUTO-OWNERS INSURANCE COMPANY, the corporation H described in and which executed the above instrument, that they know the seal of said corporation, that the seal affixed to said instrument is such Corporate Seal, and that they received said instrument on behalf of the corporation by authority of their office pursuant to a Resolution of the Board of Directors of said corporation. January 1st 2014 ; Chmanotartama Amanda Lamp , My commision expires Notary Public STATE OF MICHIGAN... COUNTY OF EATON |, the undersigned First Vice President, Secretary and General Counsel of AUTO-OWNERS INSURANCE COMPANY, do hereby certify that the authority to issue a power of attorney as outlined in the above board of directors resolution remains in full force and effect as written and has not been revoked and the resolution as set forth are now in force. ony, Signed and sealed at Lansing, Michigan. Dated this 2nd day of October , 2012 Will TMecdhiry William F, Woodbury, First Vice Pregident, Secretary and General Counsel *This power of attorney is attached to bond number BD131728, issued to BRIAN COX on October 18th, 2012. 2940 (05-12) Print Date: 10/18/2012 Print Time: 04:42:33 PM _ Ede eee Island Sands Beach Service of NW FL Statement of Qualifications October 17, 2012 Okaloosa County BOCC: Commissioners, Enclosed with this statement is the sealed bid for “RFP on Beach Concession Services due on October 19, 2012”. Organization of the firm is as follows: ISBS currently services 11 different complex / developments between Okaloosa and Walton Counties. The main storage warehouse facility for those operations is centered at 27 Industrial Street Fort Walton Beach, FL, where there is a multi year lease in place. ISBS holds current QBVC #0007 for Okaloosa County and has maintained that certificate since the adoption of the current Ordinance. ISBS hold current Liability and Workers Comp Insurance Policies including the Okaloosa County BOCC as additional insured. ISBS has maintained an excellent and respectful relationship with Amy Allan the Parks Coordinator since obtaining its first Permit back in 2007. ISBS was founded in 2002 by Brian Cox and investment partners. In 2007, investment partners were bought out and the company was merged with Coastline Beach Service into the company which exists today. ISBS manufactures and assembles concession grade umbrellas and chairs from graded stock lumber at the 27 Industrial Street facility since 2010. Key personnel: Each has dozens of rescues performed in the Gulf of Mexico starting from back in early 1990’s Brian Cox: Owner/Operator/ Managing Member ISBS. 18 years experience in the beach service industry. Possesses numerous skills involved with beach management / concessions and should be considered and expert in the field. eee ee Kevin Cox: Owner/Operator/ Managing Member ISBS. 16 years experience in the beach service industry. Possesses numerous skills involved with beach management / concessions and should be considered and expert in the field. Kenneth McKenzie: Owner/Operator/ Managing Member ISBS. 22 years experience in the beach service industry. Possesses numerous skills involved with beach management / concessions and should be considered and expert in the field. The approach to this project shall consist of ISBS utilizing the companies current assets to include: Four wheel drive vehicles, large and central warehouse facility, current employees (full time and seasonal) to accomplish a smooth and seamless beach management and concession service / operation which strives to be responsible, courteous, flexible, and overall safe to the beach goers and public at large of Okaloosa County, Florida. We at ISBS would like to thank you, the Board of County Commissioners of Okaloosa County for your time, consideration, and due diligence pertaining to these matters. As we look forward to working together for many years to come. Thanks Again and Best Regards, OB as, fe V7 /y2_ Brian Cox Island Sands Beach Service of NW FL, LLC 850-259-4896 briangcox@yahoo.com BEACH CONCESSION SERVICES PROPOSAL #: BCC 54-12 RFP CLOSES: OCTOBER 19, 2012 @ 4:00 P.M. NOTICE TO PROPOSERS The Board of County Commissioners of Okaloosa County, FL announces that professional services are required to provide Beach Concession Services. Copies of the RFP package for this project may be obtained from the Okaloosa County Purchasing Department, 602-C North Pearl St, Crestview FL 32536; Phone: 850-689-5960 or they may be downloaded from our website at www.co.okaloosa.fl.us (Departments, Purchasing, Vendor Registration & Opportunities). This will link you to the Florida Panhandle Purchasing Group website where our bid specifications will now be posted. For additional information, contact Richard Brannon @ 850-689-5960. Selection will be pursuant to Chapter 287, Florida Statutes and Board policy. Firms desiring consideration should request a copy of the RFP package from the Purchasing Department and furnish all information requested in the RFP. The County reserves the right to award the contract to the firm submitting a responsive proposal with a resulting negotiated agreement which is most advantageous and in the best interest of Okaloosa County and to waive any irregularity or technicality in proposals received. Okaloosa County shall be the sole judge of the proposal and the resulting negotiating agreement that is in its best interest and its decision will be final. Consulting firms desiring consideration should provide an original and five (5) copies of their statement of qualifications, which should include a description of the firm's organization, key personnel, experience and approach to the project. All RFP’s should be delivered to the Okaloosa County Purchasing Department at the address listed below no later than 4:00 p.m. (local time), October 19, 2012 in order to be considered. All RFP's must be in sealed envelopes reflecting on the outside thereof the proposer's name and “RFP on Beach Concession Services due on October 19, 2012. All proposals should be addressed as follows: Okaloosa County Purchasing Dept Attn: Richard Brannon 602-C North Pearl St Crestview FL 32536 Richard L. Brannon Date Purchasing Director BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY Don R. Amunds Chairman REQUEST FOR PROPOSALS TO PROVIDE BEACH CONCESSION SERVICES The Board of County Commissioners of Okaloosa County, FL announces that professional services are required to provide Beach Concession Services. Copies of the RFP package for this project may be obtained from the Okaloosa County Purchasing Department, 602-C North Pearl St, Crestview FL 32536; Phone: 850-689-5960 or they may be downloaded from our website at www.co.okaloosa.fl.us (Departments, Purchasing, Vendor Registration & Opportunities). This will link you to the Florida Panhandle Purchasing Group website where our bid specifications will now be posted. For additional information, contact Richard Brannon @ 850-689-5960. Selection will be pursuant to Chapter 287, Florida Statutes and Board policy. Firms desiring consideration should request a copy of the RFP package from the Purchasing Department and furnish all information requested in the RFP. The County reserves the right to award the contract to the firm submitting a responsive proposal with a resulting negotiated agreement which is most advantageous and in the best interest of Okaloosa County and to waive any irregularity or technicality in proposals received. Okaloosa County shall be the sole judge of the proposal and the resulting negotiating agreement that is in its best interest and its decision will be final. Consulting firms desiring consideration should provide an original and five (5) copies of their statement of qualifications, which should include a description of the firm's organization, key personnel, experience and approach to the project. All RFP's should be delivered to the Okaloosa County Purchasing Department at the address listed below no later than 4:00 p.m. (local time), October 19, 2012 in order to be considered. All RFP's must be in sealed envelopes reflecting on the outside thereof the proposer's name and “RFP on Beach Concession Services due on October 19, 2012. All proposals should be addressed as follows: Okaloosa County Purchasing Dept Attn: Richard Brannon 602-C North Pearl St Crestview FL 32536 Richard L. Brannon Date Purchasing Director BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY Don R. Amunds Chairman eel Last Revised - 09/17/2012 Page 1 SCOPE OF WORK BACKGROUND - The County solicits bids for beach chair and umbrella services for the following public parks: Newman C. Brackin (The Boardwalk), John Beasley, Ross Marler, and James Lee. John Beasley Park contains a concession area comprised of two (2) small, separate rooms separated by a breeze/walk way. Ross Marker Park has a small area in the breeze way of the large bathroom building for a proposed concession area. The beach chair/umbrella service and concession stand operations are provided for the convenience of the park visitors and beach goers. No displays/signs/ are permitted in the breeze/walk way that restricts pedestrian and/or handicap access. No solicitation is permitted in any public parks. PURPOSE OF THIS RFP — Okaloosa County would like to receive proposals from qualified firms who are interested in bidding to provide this service. FORMAT - Okaloosa County is requesting proposals based on two alternate plans, and reserves the right to award a contract for the plan best meeting its needs and offering the least interference with citizens visiting our beaches. SUBMITTAM #1 — This submittal is based on the rental of beach chairs and umbrellas only at the following public parks: Newman C. Brackin (The Boardwalk), John Beasley, Ross Marler, and James Lee. Beach access ways one, two, three, four, five, six and seven off of Santa Rosa Blvd. are not included as service areas. This submittal includes the operation of the two small concessions stands located in John Beasley Park. The proposed concession area at Ross Marler Park is located in the breeze way of the large restroom building near the fenced children's playground area. Both concession areas are “AS IS”. Any upgrades/modifications to the facilities must be approved by the Parks Division. All costs of upgrades/modifications to the concession areas will be the sole responsibility of the contractor. The concession vending is restricted to John Beasley Park and Ross Marler Park concession stands only. SUBMITTAL #2 — This submittal will be based on your suggestions to include all of Submittal #1 and any other suggested rental or sale of products. Submittals must understand that if this proposal is selected by the County, it may be subject to modification. The County will not allow any commercial operation on its beaches or access ways that will interfere or impede with public access to the beaches or detract from their visit. Both submittals should be based on the following: 1. No jetski rentals will be allowed. 2. The contractor will follow and obey all local, county, state and federal requirements. 3: The contractor will obtain all necessary permits. 4, The contractor will place rental equipment in County approved areas only and as specified in the Okaloosa County Ordinance Chapter 16 Parks & Recreation, Article _Il_ County Recreation Areas, Section 16-43. — Regulation of use and conduct at the beach, county parks, water bodies, and all recreational areas in unincorporated areas of Okaloosa County (g) Obstructions on the Beach: a. It shall be unlawful for beach chairs, umbrellas, tents, and other such personal articles to be on the beach in such a manner that they interfere eT Last Revised - 09/17/2012 Page 2 with beach maintenance, nesting turtles, emergency vehicles or lifeguards view of the water. b. There shall be a minimum setback of twenty-five (25’) feet from the gulf side of the dune on all public beaches on Okaloosa Island and James Lee Park for an emergency access line. This must be coordinated through the Okaloosa County Public Works Parks Division (Amy Allen @ 850-689-5772). 5. Contractor will be required to relocate or remove any equipment deemed to be unsafe by the County. Contractor will be required to remove or relocate equipment in the event of a tropical storm or hurricane. 6. No alcoholic beverages will be allowed. 7. The contractor will insure that their area is kept in a clean manner and that all trash in their area be removed on a daily basis. 8. If overnight storage of any equipment is required, Okaloosa County will designate the location. 9. Contractor shall furnish a Performance Bond in the amount of Ten Thousand ($10,000) Dollars at the time of submission of its bid or proposal as security for the faithful performance of this contract. 10. The contractor shall pay "Okaloosa County” 50% of the annual bid on May 1 & 50% on October 1. Checks will be mailed to: Okaloosa County Finance Department Newman C., Brackin Building 302 N. Wilson St., #203 Crestview FL 32536 11. Contractor shall not rent or place on the beach any equipment which is or could be dangerous to the general public. 12. Proof of insurance certification meeting the bid requirements. 13. Contractor will comply with all pertinent sections of the County beach ordinance (copy attached). TIME PERIOD — The selected contractor will be allowed to set up beach chair and umbrella services during the same period as the Lifeguard services which is currently the 2.4 weekend in March through the 24 weekend in October from 9:00 a.m. — 6:00 p.m. daily. LOCATIONS - The selected contractor may offer beach chair and umbrella rentals at the following locations: John Beasley Park — Okaloosa Island Ross Marler Park — Okaloosa Island Newman C. Brackin Park (The Boardwalk) — Okaloosa Island James Lee Park - East Okaloosa County Last Revised — 09/17/2012 Page 3 CONTRACTOR SHALL ENSURE — 1. No employee shall be under the influence of alcohol or consume alcohol while on duty. 2. No employee shall be under the influence of a controlled substance or have a controlled substance in their possession while on duty. 3: All employees will be dressed neatly. 4, All employees will treat the public in a courteous manner and will report any confrontations immediately to the County representative. 5: Reporting to the County Parks Staff any conflict issues involving competing beach vendors or the public. eee et Last Revised - 09/17/2012 Page 4 INSURANCE REQUIREMENTS Contractor's Insurance 1. The CONTRACTOR shall not commence any work in connection with this Agreement until he has obtained all required insurance and such insurance has been approved by the Okaloosa County Risk Management Director. All insurance policies shall be with insurers licensed to do business in the State of Florida, and any insuring company is required to have a minimum rating of A, Class X in the Best Key Rating Guide published A. M. Best & Co., Inc. The County of Okaloosa shall be furnished proof of coverage by a Certificate of Insurance listing Okaloosa County as Co-insured. The County shall retain the right to reject all insurance contracts that do not meet the requirement of this agreement. The insurance definition of Insured or Additional Insured shall include subcontractor, sub-contractor and any associated or subsidiary companies of the contractor that are involved and which are part of the contract. The County of Okaloosa reserves the right during the term of this contract to request certified copies of any insurance contracts to support any Certificates of Insurance. At any time the insurance coverage is unacceptable to the County of Okaloosa, the County reserves the right to terminate this contractual agreement. The designation of contractor shall include any associated or subsidiary company which is involved and is a part of the contract and such, if any associated or subsidiary company involved in the project must be named in the workers compensation coverage. All policies shall be written so that the County of Okaloosa will be notified of cancellation or restricted amendments at least thirty (30) days prior to the effective date of such cancellation or amendment, such notice to be given directly to the County representative. All insurance contracts should list Okaloosa County as an additional insured. The contractor shall provide the County current Certificates of Insurance for alll policies. Workers' Compensation Insurance 1 The CONTRACTOR shall secure and maintain during the life of this agreement Workers’ Compensation insurance for all of his employees employed for the project or any site connected with the work, including supervision, administration or management, of this project and in case any work is sublet, with the approval of the County of Okaloosa, the CONTRACTOR shall require the Subcontractor similarly to provide Workers’ Compensation insurance for all employees employed at the site of the project, and such evidence of insurance shall be furnished the County of Okaloosa not less than ten (10) days prior to the commencement of any and all subcontractual agreements which have been approved by the Last Revised - 09/17/2012 Page 5 County of Okaloosa. 2. Such insurance shall comply with the Florida Workers' Compensation Law. 3. No class of employee, including the CONTRACTOR himself, shall be excluded from the Workers' Compensation insurance coverage. The Workers’ Compensation insurance shall also include Employer's Liability coverage. Business Automobile and Commercial General Liability Insurance i The CONTRACTOR shall maintain Business Automobile Liability insurance coverage throughout the life of this Agreement. The insurance shall include Owned, Non- owned & Hired Motor Vehicle coverage. 2. The CONTRACTOR shall carry other Commercial General Liability insurance against all other Bodily Injury, Property Damage and Personal and Advertising Injury exposures. The coverage shall include both On-and Off-Premises Operations, Contractual Liability, Board Form Property Damage, and Professional Liability. 3; All liability insurance (other than Professional Liability) shall be written on an occurrence basis and shall not be written on a claim-made basis. If the insurance is issued with an aggregate limit of liability, the aggregate limit of liability shall apply only to the locations included in this Agreement. If, as the result of any claims or other reasons, the available limits of insurance reduce to less than those stated in the Limits of Liability, the CONTRACTOR shall notify the County representative in writing. The CONTRACTOR shall purchase additional liability insurance to maintain the requirements established in this Agreement. Umbrella or Excess Liability insurance can be purchased to meet the Limits of Liability specified in this Agreement. 4, Commercial General Liability coverage shall be endorsed to include the following: 1.) Premises — Operation Liability 2.) Occurrence Bodily Injury and Property Damage Liability 3.) Independent Contractor's Liability 4) Completed Operations and Products Liability 5. CONTRACTOR shall agree to keep in continuous force Commercial General Liability coverage including Completed Operations and Products Liability for two (2) years beyond acceptance of project. 6. Contractor will be issued a Qualified Beach Vendor Certificate (QBVC) and will be subject to all specifications under Chapter 16 Parks & Recreation, Article II County Recreation Areas, Section 16-45 Permitted Vehicles on the Beach, Parks & Recreation Areas, Section (c) of the Okaloosa County Code of Ordinance: (c) Vehicles accessing public beaches shall meet the following requirements: Last Revised - 09/17/2012 Page 6 1. The vehicle must have a current State of Florida registration and be covered by auto insurance written by an insurance company licensed to do business in the State of Florida. 2. The vehicle must be registered to the owner of a business which has obtained a qualified beach vendor certificate from Okaloosa County and has an executed contract/agreement with Okaloosa County or upland permitted property owner. 3: The business name, phone #, and the Okaloosa County Qualified Beach Vendor Certificate # must be displayed on both sides of the vehicle while the vehicle is on the beach. The informational lettering must be no smaller than 2” and no larger than 3” in height. 4, A copy of the Okaloosa County Qualified Beach Vendor Certificate must be carried in the vehicle at all times when on the beach. 5. Permitted vehicles are only allowed to enter and exit the beach via the emergency accessways located at beach accessways #2, #4, #7, & the Boardwalk on Okaloosa Island & James Lee Park in Destin. The emergency accessways will be unlocked and relocked by County Staff during the approved scheduled times/dates (see subsection (8) below). Failure for permitted vehicles to comply with items (c)(1) through (c)(5) are subject to the following enforcement actions: a. 1s! Infraction - Written notice to the company and warning issued to violator (driver). b. 2nd Infraction - $250.00 fine. co 3:4 Infraction — Withdraw vehicle's beach permit. 6. The speed limit on the beach is ten mph. Violation of the speed limit will result in the following: a. 1s! Infraction - Written warning to company, ticket issued to violator (driver), and a $500.00 fine. b. 2nd Infraction - $1,000.00 fine. c. 3'4 Infraction - $Withdraw vehicle's beach permit. 7. Hazard lights and head lights must be on while driving on the beach. Failure to operate a vehicle with hazard lights or head lights on are subject to the following enforcement actions: a. 1s! Infraction - Written notice to the company and warning issued to violator (driver). b. 2nd Infraction - $250.00 fine. (od 3d Infraction — Withdraw vehicle's beach permit. 8. Permitted vehicles are allowed access during the following times & dates as approved and coordinated through the County Parks Staff: Last Revised — 09/17/2012 Page 7 11. a. Approved times: 6:00 a.m. — 8:00 a.m., 5:00 p.m. until 7:00 p.m. b. Approved dates will be set up as follows: 1. Last 3 days of February and first 3 days of March. 2. Three days prior to the beginning of Spring Break as determined by the TDC. 3. Three days prior to Memorial Day. 4, July 18!, 2nd & 3rd, 5. Thursday, Friday, & Saturday of the 34 week of August. 6. Three days prior to Labor Day. 7. Thursday, Friday & Saturday of the last week of October. 8. The first week of November. Vehicles must be clean (free of any materials not meeting the requirements of land development code, section 6.02.04, discoloring material prohibition) and in proper running order so as not to leak any fluids such as grease, oil transmission fluid, antifreeze, etc., at any time. Improperly operating vehicles used by the qualified beach vendor are subject to the following enforcement actions: a. 1s Infraction — Written notice to the company and warning issued to violator (driver). b. 24 Infraction - $250.00 fine. con 34 Infraction —- Withdraw vehicle's beach permit. The fee to obtain vehicular authorization for beach access is $500.00 per calendar year per vehicle. Vendors are limited to two authorized vehicles. The vehicle(s) must be designated on the qualified beach vendor application. Transfer of vehicle permit for beach access shall be limited to vehicles owned by the same person or entity. Tag number & copy of the registration of affected vehicles will be provided to the Public Works Parks Division prior to vehicle use on the beach. At no time will there be more than 2 permitted vehicles per qualified beach vendor. Non-permitted vehicles other than official vehicles used by Sheriff's Deputies and County employees used for official business shall not be operated on the beach. Turtle nesting season is designated from May 1 - October 31 each year. All vehicles and activities operating on the beaches will steer clear of all marked turtle nesting sites. Per State Statue Title XXVIII Chapter 370.12 (1) Last Revised - 09/17/2012 Page 8 Protection of Marine Turtles, it is a 34 degree felony of ‘Any person...that illegally takes, disturbs, mutilates, destroys, caused to be destroyed, ...molests, or harasses any marine turtle species, or the eggs or nest of any marine turtle species...'. Limits of Liability The insurance required shall be written for not less than the following, or greater if required by law and shall include Employer's liability with limits as prescribed in this contract: LIMIT A. Worker's Compensation 1.) State Statutory 2.) Employer's Liability $1,000,000 each accident B. Business Automobile & Commercial $1,000,000 each occurrence General Liability Insurance (A combined single limit) Cc. Personal and Advertising Injury $250,000 Notice of Claims or Litigation The CONTRACTOR agrees to report any incident or claim that results from performance of this Agreement. The County representative shall receive written notice in the form of a detailed written report describing the incident or claim within ten (10) days of the CONTRACTOR’s knowledge. In the event such incident or claim involves injury and/or property damage to a third party, verbal notification shall be given the same day the CONTRACTOR becomes aware of the incident or claim followed by a written detailed report within ten (10) days of verbal notification. Indemnification & Hold Harmless To the fullest extent permitted by law, CONTRACTOR shall indemnify and hold harmless COUNTY, its officers and employees from liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of this contract. Certificate of Insurance 1. All insurance shall include the interest of all entities names in and its respective agents, consultants, servants and employees of each and all other interested as may be reasonably required by Okaloosa County as Additional Insured. The coverage afforded the Additional Insured under this policy shall be primary insurance. If the Additional Insured under this policy that is applicable to the loss, such other insurance shall be on an excess or contingent basis. The amount of the company's liability under this policy shall not be reduced by the existence of such other insurance. 2, Certificates of insurance, in duplicate, indicating the job site and evidencing alll required coverage must be submitted to and approved by Okaloosa County prior to the commencement of any of the work. The certificate holder(s) shall be as follows: ——————————————— Last Revised - 09/17/2012 Page 9 Okaloosa County 602-C North Pearl Street Crestview, Florida 32536 3: The Certificates of Insurance shall disclose any and all deductibles or self-insured retentions (SIRs). Deductibles or SIRs in excess of $10,000 will not be accepted unless specifically approved in writing by Okaloosa County. All deductibles or SIRs, whether approved by Okaloosa County or not, shall be the contractor's full responsibility. In particular, the contractor shall afford full coverage as specified herein to entities listed as additional insured. In no way will the entities listed as additional insured by responsible for, pay for, be damaged by, or limited to coverage required by this schedule due to the existence of a deductible or SIR. Specific written approved from Okaloosa County will only be provided upon demonstration that the contractor has the financial capability and funds necessary to cover the responsibilities incurred as a result of the deductible or SIR. 3. All certificates shall be subject to Okaloosa County's approval of adequacy of protection and the satisfactory character of the Insurer. County reserves the right to approve or reject all deductible/SIR above $10,000. 4, In the event of failure of the contractor to furnish and maintain said insurance and to furnish satisfactory evidence thereof, Okaloosa County shall have the right (but not the obligation) to take out and maintain insurance on the project. All costs for the coverage will be paid by the contractor upon presentation of a bill. 5; All deductibles or SIRs, whether approved by Okaloosa County or not, shall be the CONTRACTOR's full responsibility. In particular, the CONTRACTOR shall afford full coverage as specified herein to entities listed as Additional Insured. 6. In no way will the entities listed as Additional Insured be responsible for, pay for, be damaged by, or limited to coverage required by this schedule due to the existence of a deductible or SIR. Specific written approval from Okaloosa County will only be provided upon demonstration that the CONTRACTOR has the financial capability and funds necessary to cover the responsibilities incurred as a result of the deductible or SIR. 7. In the event of failure of the CONTRACTOR to furnish and maintain said insurance and to furnish satisfactory evidence thereof, Okaloosa County shall have the right (but not the obligation) to take out and maintain insurance on the project. All costs for the coverage will be paid by CONTRACTOR upon presentation of a bill. SSeS eee Eee Last Revised — 09/17/2012 Page 10 General Terms Any type of insurance or increase of limits of liability not described above which the CONTRACTOR required for its own protection or on account of statute shall be its own responsibility and at its own expense. The carrying of the insurance described shall in no way be interpreted as relieving the CONTRACTOR of any responsibility under this contract. Should the CONTRACTOR engage a subcontractor or sub-subcontractor, the same conditions will apply under this agreement to each subcontractor and sub- subcontractor. The CONTRACTOR hereby waives all rights of subrogation against Okaloosa County and its consultants and other indemnities of the CONTRACTOR under all the foregoing policies of insurance. Umbrella Insurance The CONTRACTOR shall have the right to meet the liability insurance requirements with the purchase of an umbrella insurance policy. In all instances, the combination of primary and umbrella liability coverage must equal or exceed the minimum liability insurance limits stated in this agreement. cccccrrrrcrcrerE_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_——— Last Revised - 09/17/2012 Page 11 SPECIAL BID CONDITIONS 1. Right to Waive and Reject: A. The Board, in its absolute discretion, may reject any proposal of a proposer that has failed, in the opinion of the Board, to complete or perform an Okaloosa County contracted project in a timely fashion or has failed in any other way, in the opinion of the Board, to perform a prior contract in a satisfactory manner, and has directed the Okaloosa County Purchasing Director to emphasize this condition to potential proposers. There is no obligation on the part of the County to award the proposal to the lowest proposer, and the County reserves the right to award the proposal to proposer submitting a responsive proposal with a resulting negotiated agreement which is most advantageous and in the best interest of Okaloosa county, and to reject any and all proposals or to waive any irregularity or technicality in proposals received. Okaloosa County shall be the sole judge of the proposal and the resulting negotiated agreement that is in its best interest and its decision shall be final. The Board of County Commissioners reserves the right to waive any informalities or reject any and all proposals, in whole or part, to utilize any applicable state contracts in lieu of or in addition to this proposal and to accept the proposal that in its judgement will best serve the interest of the County. The Board of County Commissioners specifically reserves the right to reject any conditional proposal and will normally reject those which made it impossible to determine the true amount of the proposal. 2. Disqualification of Proposers: Any of the following reasons may be considered as sufficient for the disqualification of a proposer and the rejection of his proposal or proposals: A. More than one proposal for the same work from an individual, firm or corporation under the same or different name. Evidence that the proposer has a financial interest in the firm of another proposer for the same work. Evidence of collusion among proposers. Participants in such collusion will receive no recognition as proposers for any future work of the County until such participant shall have been reinstated as a qualified proposer. Uncompleted work which in the judgement of the County might hinder or prevent the prompt completion of additional work if awarded. Failure to pay or satisfactorily settle all bills due for labor and material on former contracts in force at the time of advertisement of proposals. Default under previous contract. The Board, in its absolute discretion, may reject any proposal of a proposer that has failed, in the opinion of the Board, to complete or perform an Okaloosa Last Revised - 09/17/2012 Page 12 County contracted project in a timely fashion or has failed in any other way, in the opinion of the Board, to perform a prior contract in a satisfactory manner, and has directed the Okaloosa County Purchasing Director to emphasize this condition to potential proposers. 3; Investigation of Bidder — The Owner may make such investigations as he deems necessary to determine the stability of the bidder to perform the work and that there is no conflict of interest as it relates to the project. The bidder shall furnish to the Owner any additional information and financial data for the purpose as the Owner may request. 4, Preparation of Bids — Bids must be submitted upon the prescribed forms provided herein. All blank spaces must be filled in as noted in ink or typed in both words and numbers with the amounts extended and totaled. No changes shall be made in phraseology of the form or in the items mentioned therein. In case of any discrepancy between the written amount and the fixtures, the written amounts shall govern. Any bid may be rejected which contains any omissions, erasures, alterations, additions, irregularities of any kind, or items not called for or which shall in any manner fail to conform to the conditions of published notice inviting bids. 5, Indemnification & Hold Harmless - To the fullest extent permitted by law, contractor shall indemnify and hold harmless COUNTY, its officers and employees from liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the contractor and other persons employed or utilized by the contractor in the performance of this contract. 6. Conflict of Interest Disclosure Form - The award hereunder is subject to the provisions of Chapter 112, Florida Statutes. All respondents must disclose with their proposals the name of any officer, director, or agent who is also a public officer or an employee of the Okaloosa Board of County Commissioners, or any of its agencies. Furthermore, all respondents must disclose the name of any County officer or employee who owns, directly or indirectly, an interest of five percent (5%) or more in the firm or any of its branches. Furthermore, the official, prior to or at the time of submission of the proposal, must file a statement with the Clerk of Circuit Court of Okaloosa County, if he is an officer or employee of the County, disclosing his or spouse's or child's interest and the nature of the intended business. Note: For bidder's convenience, this certification form is enclosed and is made a part of the bid package. ?. Identical Tie Bids - Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality and service are received by the County for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process (see attached certification form). Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. cn eeeeEeEeEeeEeEeeeEeeeee___} Last Revised — 09/17/2012 Page 13 Note: For bidder's convenience, this certification form is enclosed and is made a part of the bid package. 8. Local Preference - Okaloosa County reserves the right to grant a preference to in-county bidders only when bids are received from firms located in states, counties, municipalities or other political subdivisions which offer preference to bidders located in such political subdivisions. The amount of preference given to local bidders will be the same as that given by the state, county, municipality or other political subdivisions in which a bidder is located. If the political subdivision in which a bidder is located offers a preference to its local firms, that bidder must plainly state the extent of such preference to include the amount and type preference offers. Any bidder failing to indicate such preference will be removed from the County bid list and any and all bids from that firm will be rejected. Note: For bidder's convenience, this certification form is enclosed and is made a part of the bid package. o. Discrimination - An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, suocontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 10. Bid Opening - Bid Opening shall be public, on the date and time specified on the bid form. It is the bidder's responsibility to assure that his bid is delivered at the proper time and place. Offers by telegram, facsimile, or telephone are NOT acceptable. NOTE: Crestview, Florida is “not a next day guaranteed delivery location” by delivery services. fn _____TNT________—_________________F Last Revised - 09/17/2012 Page 14 “NO CONTACT CLAUSE” The Okaloosa County Board of County Commissioners have established a solicitation silence policy (No Contact Clause) that prohibits oral and written communication regarding all formal solicitations for goods and services (formal bids, Request for Proposals, Requests for Qualifications) issued by the Board through the County Purchasing Department. The period commences when the procurement document is received and terminates when the Board of County Commissioners approves an award. When the solicitation silence period is in effect, no oral or written Communication is allowed regarding the solicitation between prospective bidders/proposers and members of the Board of County Commissioners, the County Administrator or members of the Board Approved Review Committee. All questions or requests for information regarding the solicitation must be directed to the designated Purchasing Representative listed in the solicitation. Any information thought to affect the committee or staff recommendation submitted after bids are due, should be directed to the Purchasing Director or his appointed representative. It shall be the Purchasing Director's decision whether to consider this information in the decision process. Any attempt by a vendor/proposer to influence a member or members of the aforementioned shall be grounds to disqualify the proposer from consideration during the selection process. All proposers must agree to comply with this policy by signing the following statement and including it with their submittal. I representing Signature Company Name Hereby agree to abide by the County's "No Contact Clause” and understand violation of this policy shall result in disqualification of my proposal/submittal. fn ——————————__—_—_—_———____Z Last Revised — 09/17/2012 Page 15 INDEMNIFICATION AND HOLD HARMLESS To the fullest extent permitted by law, CONTRACTOR shall indemnify and hold harmless COUNTY, its officers and employees from liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of this Agreement. Bidder’s Company Name Authorized Signature — Manual Physical Address Authorized Signature — Typed Mailing Address Title Phone Number FAX Number Cellular Number After-Hours Number(s) DATE ee Last Revised - 09/17/2012 Page 16 CONFLICT OF INTEREST DISCLOSURE FORM For purposes of determining any possible conflict of interest, all bidders/proposers, must disclose if any Okaloosa Board of County Commissioner, employee(s), elected officials(s), or if any of its agencies is also an owner, corporate officer, agency, employee, etc., of their business. Indicate either “yes” (a county employee, elected official, or agency is also associated with your business), or "no". If yes, give person(s) name(s) and position(s) with your business. YES NO NAME(S) POSITION(S) FIRM NAME: BY (PRINTED): BY (SIGNATURE): TITLE: ADDRESS: PHONE NO. E-MAIL Last Revised - 09/17/2012 Page 17 DRUG-FREE WORKPLACE CERTIFICATION THE BELOW SIGNED BIDDER CERTIFIES that it has implemented a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services that are under quote a copy of the statement specified in subsection 1. In the statement specified in subsection 1, notify the employees that, as a condition of working on the commodities or contractual services that are under quote, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. Impose a sanction on, or require the satisfactory participation in, drug abuse assistance or rehabilitation program if such is available in employee's community, by any employee who is convicted. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign this statement, | certify that this firm complies fully with the above requirements. DATE: SIGNATURE: COMPANY: NAME: (Typed or Printed) ADDRESS: TITLE: E-MAIL: PHONE NO.: Last Revised - 09/17/2012 Page 18 LOCAL PREFERENCE DATA SHEET Refer to Special Bid Condition Does the state, county, municipality or political subdivision in which your firm is located offer a preference to their local bidders? (If your firm is located in Okaloosa County, you will check “NO.”) If “YES,” list below the extent of such preference. YES NO. Bidder's Company Name Authorized Signature — Manual E-Mail Authorized Signature - Typed BETES Last Revised - 09/17/2012 Page 19 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: fhat (Name of Contractor) (Address of Contractor) a , hereinafter called Principal and (Corporation, Partnership or Individual) (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto (Name of Owner) (Address of Owner) hereinafter called OWNER in the total aggregate penal sum of Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of , 20 , a copy of which is hereto attached and made a part hereof for NOW, THEREFORE, if the Principal shall well, truly, and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the SURETY and during the one year guaranty period and if the PRINICIPAL shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expenses which the OWNER may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. Last Revised - 09/17/2012 Page 20 PERFORMANCE BOND PROVIDED, FURTHER, that the said SURETY, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying same shall in any way affect its obligation on this BOND, and does hereby waive notice of any change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFIC ATIONS. PROVIDED, FURTHER, that it is expressly agreed that the BOND shall be amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the Contract not increasing the contract price more than twenty percent, so as to bind the PRINCIPAL and the SURETY to the full and faithful performance of the CONTRACT as so amended. The term "Amendment", wherever used in this BOND, and whether referring to this BOND, or the CONTRACT DOCUMENTS, shall include any alteration, addition, extension or modification of any character whatsoever. PROVIDED, FURTHER, that no final settlement between the OWNER and the PRINCIPAL shall abridge the right of the other beneficiary hereunder, whose claim may be unsatisfied. The OWNER is the only beneficiary hereunder. SSS eee Last Revised - 09/17/2012 Page 21 PERFORMANCE BOND IN WITNESS WHEREOF, this instrument is executed in 3 counterparts, each one of which shall be deemed an original, this the day of ,20__. ATTEST (PRINCIPAL) SECRETARY PRINCIPAL (SEAL) BY: (S) ADDRESS WITNESS AS TO PRINCIPAL ADDRESS SURETY ATTEST BY: WITNESS TO SURETY ATTORNEY-IN-FACT ADDRESS ADDRESS Note: Date of BOND must not be prior to date of Contract. This bond is given to comply with section 255.05 Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. If CONTRACTOR is partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. EY Last Revised — 09/17/2012 Page 22 CONTRACT This agreement, executed in Crestview, Florida __ this day of 2012 between the County of Okaloosa, Florida, the Owner, hereinafter called the Party of the First Part, and or its successors, executors, administrators and assigns, hereinafter called the Party of the Second Part. WITNESSETH: That for and in consideration of payments, hereinafter mentioned, to be made by the Party of the First Part, the Party of the Second Part agrees to furnish all equipment, machinery, tools and labor; to furnish and deliver all materials required to be furnished and delivered in and about the improvement and to do and perform all work related to providing Beach Concession Services per Bid #54-12 as per the attached proposal in strict conformity with the provisions of this Contract, the Notice to Contractors, the Specifications and the Plans approved by the Owner. The said Plans, Specifications, the Notice to Contractors, and the Proposal are hereby made a part of this agreement as fully and to the same effect as if the same had been set forth at length in the body of this agreement. As security for the full and faithful performance of this contract and all the incidents thereto, the Party of the Second Part had made and furnished a Contract Bond with as Surety (as required per the bid package), which is accepted by Parties of the First Part and made a part of this contract. In consideration of the foregoing promises, the Party of the First Part agrees to pay to the Party of the Second Part such unit prices for the work actually done as are set out in the accompanying proposal in the manner provided in the said Specifications. This contract will commence upon contract signatures of both parties and will run through September 30, 2015. This contract may be renewed for one additional three (3) year period upon written agreement by both parties. This contract may be cancelled by either party for failure to perform with written thirty (30) day notice. The contractor shall be prepared to begin work to be performed under the contract as he set forth in his proposal, but will not proceed until he receives official notice to begin. REPRESENTATIVES: The authorized representative of the County shall be: Amy Allen, Okaloosa County Public Works 1759 S. Ferdon Blvd. Crestview FL 32539 850-689-5770 E-Mail: aallen@co.okaloosa.fl.us The authorized representative for shall be: E-Mail: 5 SS Last Revised - 09/17/2012 Page 23 All notices required by this agreement shall be in writing to the representative listed above with a courtesy copy to the following: Jack Allen Contracts & Leases Okaloosa County Purchasing Department 602-C North Pearl Street Crestview, FL 32536 850-689-5960 / 850-689-5998 (FAX) E-Mail: jallen@co.okaloosa.fl.us IN WITNESS WHEREOF, the Chairman of the Board of County Commissioners, by authority vested in him, has hereunto subscribed his name on behalf of the County of Okaloosa, Florida, the Owner, and the said has hereto fixed his signature, the day and year above written. WITNESS: CONTRACTOR BY TITLE STATE OF FLORIDA COUNTY OF OKALOOSA This contract is accepted this day of 2012 and is effective on the day of 2012. ATTEST: COUNTY OF OKALOOSA, FLORIDA BY Gary Stanford Don R. Amunds, Chairman Deputy Clerk of Court ee Se sss, eee Last Revised - 09/17/2012 Page 24 BID SHEET DATE: PROPOSAL #: BCC 54-12 PROPOSAL ITEM: BEACH CONCESSION SERVICES SUBMITTAL #1 Okaloosa Parks & Accessways: 2"4 Saturday in March - 2"4 Weekend in October Beach chair & umbrella rental @ James Lee Park, Newman C. Brackin (The Boardwalk), John Beasley Park & Marler Park. Operation of small concession Stands @ John Beasley Park & Ross Markler Park only. $ per year SUBMITTAL #2 Okaloosa Parks & Accessways: 24 Saturday in March - 2.4 Weekend in October To include submittal #1 & optional sales & rental. $ per year ANTI-COLLUSION STATEMENT: The below signed bidder has not divulged to, discussed or compared his bid with other bidders and has not colluded with any other bidder or parties to bid whatever. (Note: No premiums, rebates, or gratuities permitted either with, prior to, or after any delivery of materials. Any such violation will result in the cancellation and/or return of material (as applicable) and the removal from bid list(s). Bidder's Company Name Authorized Signature — Manual Authorized Signature - Typed Address Title Phone # Fax # Federal ID # or SS # E-mail address ——————— EE eee Last Revised - 09/17/2012 Page 25