HomeMy WebLinkAboutSandy Beach Surfing, LLC 9-23-14VENDOR AGREEMENT
THIS AGREEMENT is made this 16th day of September, 2014 ("Effective Date"), by and
between the CITY OF CAPE CANAVERAL, FLORIDA, a Florida municipal corporation, whose
address is 105 Polk Avenue, Cape Canaveral, Florida, 32920 ("City"), and SANDY BEACH SURFING,
LLC, whose address is 7916 Aurora Court, Cape Canaveral, Florida, 32920 ("Vendor").
RECITALS:
WHEREAS, the Vendor desires to offer surf instruction services ("Services") for the benefit of
the public using the sand beach areas within the City's jurisdictional boundaries; and
WHEREAS, the City desires to allow the Vendor to offer such Services to the public under the
terms and conditions set forth in this Agreement.
IN CONSIDERATION of the mutual covenants and provisions hereof, and other good, diverse
and valuable considerations, the receipt and sufficiency all or which is hereby acknowledged, the parties
desiring to be legally bound do hereby agree as follows:
ARTICLE 1
GENERAL PROVISIONS
1.1 Engagement. The City hereby engages the Vendor and the Vendor agrees to perform the
Services outlined in EXHIBIT "A" for the stated fee arrangement. The Services shall be performed
within the beach areas located between the southern boundary of Johnson Avenue and the northern
boundary of Jefferson Avenue. No prior or present agreements or representations shall be binding upon
any of the parties hereto unless incorporated in this Agreement.
1.2 Due Diligence. The Vendor acknowledges that he/she has conducted an investigation
prior to execution of this Agreement and satisfied himself/herself as to the conditions affecting the
Services, the availability of materials and labor, the cost thereof, the requirements to obtain necessary
insurance as set forth herein, and the steps necessary to complete the Services herein. The Vendor
warrants unto the City that he/she has the competence and abilities to carefully and faithfully complete the
Services set forth herein. The Vendor shall perform the Services with due and reasonable diligence
consistent with sound professional practices.
13 Consultants Competitive Negotiation Act Services. The Vendor warrants unto the City
that the services being performed pursuant to this Agreement do not constitute professional services as
defined by Section 287.055(2) (a), Florida Statutes.
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ARTICLE 2
PAYMENT TERMS
2.1 Payment Terms. Payment of $500 is due upon contract execution and at each annual
renewal period thereafter.
ARTICLE 3
GENERAL CONDITIONS OF SERVICES
3.1 Provision of Services is a Private Undertaking. With regard to any and all Services
performed hereunder, it is specifically understood and agreed to by and between the parties hereto that the
contractual relationship between the City and the Vendor is such that the Vendor is not an agent of the
City. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an
independent contractor between the City and the Vendor during or after the performance of the Services
under this Agreement.
3.2 Warranty of Services. The Vendor hereby warrants unto the City that he/she has
sufficient experience to properly complete the Services specified herein or as may be performed pursuant
to this Agreement. The Vendor shall comply with all laws, ordinances, rules and regulations in the
performance of the Services. The Vendor shall pay all taxes, fees and license fees required by law,
including but not limited to occupational fees and withholding taxes and assume all costs incident to the
Services, except as provided herein.
ARTICLE 4
SUBCONTRACTS; ASSIGNMENT
4.1 Assignment and Subcontracting. Unless otherwise specifically required by this
Agreement, the Vendor shall not assign, sublet or transfer any rights or Services under or interest in
(including, but without limitations, moneys that may become due) this Agreement without the written
consent of the City, except to the extent that any assignment, sublet, or transfer is mandated by law or the
effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written
consent to any assignment, no assignment shall release or discharge the assignor from any duty or
responsibility under this Agreement. Further, the Vendor shall not subcontract any portion or all of the
Services without the written consent of the City. Nothing under this Agreement shall be construed to give
any rights or benefits in this Agreement to anyone other than the City and the Vendor, and all duties and
responsibilities undertaken pursuant to this Agreement shall be for the sole and exclusive benefit of the
City and the Vendor and not for the benefit of any other party.
ARTICLE 5
MISCELLANEOUS PROVISIONS
5.1 Governing Law, Venue. This Contract shall be governed by the law of the State of
Florida. Venue of all disputes shall be properly placed in Brevard County, Florida. The parties agree that
Page 2 of 7
the Agreement was consummated in Brevard County, and the site of the Services is Brevard County. If
any dispute concerning this Contract arises under Federal law, the venue shall be Orlando, Florida.
5.2 Notices. All notices, demands, requests, instructions, approvals, and claims shall be in
writing. All notices of any type hereunder shall be given by U.S. mail or by hand delivery to an
individual authorized to receive mail for the below listed individuals, all to the following individuals at
the following locations:
TO THE CITY:
David L. Greene
City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920
(321) 868-1230 (Phone)
(321) 868-1248 (Fax)
TO THE VENDOR:
Name: Sandy Beach Surfing, LLC
Address: 7916 Aurora Court
.,
Cape anavera , on
a 3292,0
Telephone:
Fax:
Notice shall be deemed to have been given and received on the date the notice is physically received if
given by hand delivery, or if notice is given by first class U.S. Mail, then notice shall be deemed to have
been given upon the date said notice was deposited in the U.S. Mail addressed in the manner set forth
above. Any party hereto by giving notice in the manner set forth herein may unilaterally change the name
of the person to whom notice is to be given or the address at which notice is to be received.
5.3 Public Record. It is hereby specifically agreed that any record, document, computerized
information and program, audio or video tape, photograph, or other writing of the Vendor related, directly
or indirectly, to this Agreement, may be deemed to be a Public Record whether in the possession or
control of the City or the Vendor. Said record, document, computerized information and program, audio
or video tape, photograph or other writing of the Vendor is subject to the provisions of Chapter 119,
Florida Statutes, and may not be destroyed without the specific written approval of the City. Upon
request by the City, the Vendor shall promptly supply copies of said public records to the City. All
books, cards, registers, receipts, documents and other papers in connection with this Agreement shall at
any and all reasonable times during the normal working hours of the Vendor be open and freely exhibited
to the City for the purpose of examination and/or audit.
5.4 Amendment of Aereement. Modifications or changes in this Agreement must be in
writing and executed by the parties bound to this Agreement.
Page 3 of 7
5.5 Severability. If a word, sentence or paragraph herein shall be declared illegal,
unenforceable or unconstitutional, the said word, sentence or paragraph shall be severed from this
Contract, and this Contract shall be read as if said illegal, unenforceable or unconstitutional word,
sentence or paragraph did not exist.
5.6 Attorney's Fees. Should any litigation arise concerning this Agreement between the
parties hereto, the parties agree to bear their own costs and attorney's fees.
5.7 Entire Agreement. This Agreement represents the entire and integrated Agreement
between the parties and supersedes all prior negotiations, representations or Agreements, either oral or
written, and all such matters shall be deemed merged into this Agreement.
5.8 Sovereign Immunity. Notwithstanding any other provision set forth in this Agreement,
nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign
immunity under Section 768.28, Florida Statutes or other limitations imposed on the City's potential
liability under state or federal law. As such, Vendor agrees that the City shall not be liable under this
Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be
liable for any claim or judgment, or portion thereof, to any one person for more than two hundred
thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all
other claims or judgments paid by the State or its agencies and subdivisions arising out of the same
incident or occurrence, exceeds the sum of three hundred thousand dollars ($300,000.00).
ARTICLE 6
PROTECTION OF PERSONS AND PROPERTY: INSURANCE
6.1 Worker's Compensation. Upon the effective date of this Agreement, Vendor shall
provide proof of worker's compensation insurance in the minimum amount required by law (if required).
6.2 General Liability. Insurance Requirements: Upon award, the Vendor shall be
required to obtain and furnish to the City, prior to the contract being effective, Certificates of Insurance
approved by the City. All insurance policies shall be with insurers with an acceptable rating, registered
and licensed to do business in the State of Florida. The Vendor shall be required to name the City as an
additional named insured with the following minimum coverages:
a. Workers' Compensation: If applicable, shall be maintained by the Vendor for all employees
engaged in the work in accordance with the laws of the State of Florida. Employers liability
insurance shall be maintained by the Vendor at limits no less than the following:
$100,000 Each Accident
$100,000 Disease Each Employee
$500,000 Disease Aggregate
b. Comprehensive General Liability Insurance: Shall be maintained by the Vendor with
minimum limits not less than the following:
$1,000,000 Bodily Injury and Property Damage —each occurrence
$1,000,000 Personal and Advertising Injury— each occurrence
$2,000,000 General Aggregate
Page 4 of 7
$2,000,000 Products/Completed Operations Aggregated Limit
$ 5,000 Medical Payment
$ 100,000 Fire Damage Legal Liability
Coverage shall include contractual liability and Vendor's liability.
c. Automobile Liability Insurance: Shall be maintained by the Vendor with a combined single
limit of not less than $1,000,000 bodily injury and property damage in accordance with the laws
of the State of Florida, as to the ownership, maintenance and use of all owned, non -owned, leased
or hired vehicles.
(The above requirements may be reduced in the final contract at the City's sole discretion.)
6.3 Requirements. This paragraph shall be applicable to Sections 6.1 and 6.2. The
insurance required by this Article shall include the liability and coverage provided herein, or as required
by law, whichever requirements afford greater coverage. All of the policies of insurance so required to be
purchased and maintained for the certificates (or other evidence thereof) shall contain a provision or
endorsement that the coverage afforded shall not be canceled, materially changed or renewal refused until
at least thirty (30) days' prior written notice has been given to the City and the Vendor by certified mail,
return receipt requested. All such insurance shall remain in effect until final payment. Unless agreed to
by the City to the contrary, the City shall be named on the foregoing insurance policies as "additional
insured". The Vendor shall cause its insurance carvers to furnish insurance certificates specifying the
types and amounts of coverage in effect pursuant hereto, the expiration dates of such policies, and a
statement that no insurance under such policies shall be canceled without thirty (30) days' prior written
notice to the City in compliance with other provisions of this Agreement. For all Services performed
pursuant to this Agreement, the Vendor shall continuously maintain such insurance as required by
Sections 6.1, 6.2, and 6.3. In the event Vendor fails to maintain said insurance, City, at its option, may
elect to terminate this Agreement by written notice to Vendor.
6.4 Indemnification and Hold Harmless. For all Services performed pursuant to this
Agreement, the Vendor agrees to the fullest extent permitted by law, to indemnify and hold harmless the
City and its employees, officers, and attorneys from and against all claims, losses, damages, personal
injuries (including but not limited to death), or liability (including reasonable attorney's fees), directly or
indirectly arising from the negligent acts, errors, omissions, intentional or otherwise, arising out of or
resulting from Vendor's performance of any Services provided pursuant to this Agreement.
The indemnification provided above shall obligate the Vendor to defend at his/her own expense or to
provide for such defense, at the option of the City, as the case may be, of any and all claims of liability
and all suits and actions of every name and description that may be brought against the City or its
employees, officers and attorneys which may result from the Services under this Agreement whether the
Services be performed by the Vendor or anyone directly or indirectly employed by them. In all events,
the City shall be permitted to choose legal counsel of its sole choice, the fees for which shall be
reasonable and subject to and included with this indemnification provided herein. This paragraph 6.4
shall survive termination of this Agreement.
Page 5 of 7
6.5 Standard of Care. In performing its Services hereunder, the Vendor shall use that
degree of care and skill ordinarily exercised, under similar circumstances by reputable persons providing
the same or similar services.
ARTICLE 7
TERMINATION OF THE CONTRACT
7.1 Termination for Convenience by City. The City Council may terminate this
Agreement with thirty (30) days written notice to Vendor. Such termination shall be at City Council's
sole discretion.
7.2 Termination for Cause by City. Vendor acknowledges and agrees that if,
through any cause, the Vendor fails to fulfill in a timely and proper manner its obligations under
this Agreement, or if the Vendor shall violate any of the provisions of this Agreement, the City
Manager or City Manager's designee may upon written notice to the Vendor, terminate the right
of the Vendor to proceed under this Agreement, or with such part or parts of the Agreement as to
which there has been default, and may hold the Vendor liable for any damages caused to the City
by reason of such default and termination. In the event of such termination, the Vendor shall not
be relieved of liability to the City for damages sustained by the City by reason of any breach of
this Agreement by the vendor.
7.3 Termination by Vendor. With at least thirty (30) days written notice to the City,
Vendor may terminate this Agreement if the City fails to comply with the terms and conditions of this
Agreement.
7.4 Termination by Consent. This Agreement may be terminated by the mutual written
consent of both parties at any time, and without penalty.
7.5 Upon Termination. Upon termination of this Agreement, Vendor shall be entitled to no
additional compensation. Upon notice of termination, the Vendor shall cease all Services being provided
hereunder.
7.6 Waiver. Failure of the City to insist upon performance within any time period or upon a
proper level or quality of performance shall not act as a waiver of the City's right to later claim a failure to
perform on the part of the Vendor.
ARTICLE 8
TERM OF AGREEMENT
8.1 Term. The term of this Agreement shall commence on the Effective Date of this
Agreement and end on September 16, 2017, unless extended by mutual written agreement of the parties.
ARTICLE 9
CONFLICTS
9.1 Conflicts. In the event that a conflict arises as to the contents of Exhibit "A" and the
Agreement, the Agreement shall govern.
Page 6 of 7
IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed as of the
date first written above.
ATTEST:
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Title: ALA,-, .5° 0,4 -we 6erv�aj
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ATTEST -
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Title:
STATE OF FLORIDA
COUNTY OF BREVARD
[EXECUTION PAGE FOLLOWS]
CITY:
CITY OF CAPE CANAVERAL, FLORIDA
David L. Greene, City Manager
Date: VZ3 /5
VENDOR:
SANDY BE H SU LLC
Print Name: K)",
Date:
The foregoing instrument was acknowledged before me this Z3 day of ) 2014, by
(X't A —T�t z yyk cL-3 , who executed the foregoing instrument and acknowledged
before me that he/she executed the same for the uses and purposes therein expressed anL--who is
personally known to me oc—V�— who has produced as identification and who did take
an oath.
(NOTARY SEAL)
MOLLY ABAIGAIL THOMAS
Commission # FF 118375
My Commission Expires
April 30. 2018
�34Z �
Notary Publ"ignature U
A19CCL, k L1,0 K&CILS
Typed or Printed Notary Name: U C�
Mo i ( 4 , I --
Page 7 of 7
City of CapeCanaveral
INTRODUCTION: The City of Cape Canaveral ("City") is located on a barrier island along the Atlantic
Ocean approximately midpoint between Miami and Jacksonville and is slightly over 50 miles east of
Orlando. This 1.9 square -mile beach and coastal community is bounded on the west by the Banana River
Aquatic Preserve, on the north by Port Canaveral, on the east by the Atlantic Ocean, and on the south by
the City of Cocoa Beach. This location also means that the community is an integral part of the
retirement -resort -vacation -recreation complex of the central beaches area of Brevard County.
PURPOSE: The City is seeking proposals from qualified firms or individuals ("Proposers" or
"Vendors") to operate a Commercial Surf School Franchise for the City's Leisure Services Department in
accordance with the terms, conditions and specifications contained in this Request for Proposal ("RFP")
APPLICATION: The City may enter into a Franchise Agreement granting the right and privilege to
use the sand beach areas within the City's jurisdictional boundaries to provide individual and group surf
lessons to the general public. Said Franchise Agreement shall be for the purpose of a Vendor operating a
Commercial Surf School Franchise business in the City in conformity with, and subject to, all provisions,
terms and conditions of this RFP and City Code. A Vendor's right to use the City's beaches for the
franchise purposes stated herein shall not be exclusive and the City reserves the absolute right to grant or
deny the use of its beaches to any person at any time during the period of any franchise awarded.
RFP DUE DATE: Proposers must submit an identified "original copy" plus three (3) copies of the
proposal (including any attachments) no later than August 22, 2014 at 3:00 p.m. to the City Clerk's Office
located at 105 Polk Avenue, Cape Canaveral, Florida 32920. The proposal shall be in a sealed envelope
clearly marked "Commercial Surf Schaal Franchise — RFP #2014-02". The official time shall be that
marked by the City Clerk's Office. Only paper submittals shall be accepted. Electronic or fax submittals
shall not be accepted.
Page 1 of 19
Release RFP 7/24/2014
Last date for receipt of written questions 8/21/2014
Proposal due date 8/22/2014 (prior to 3:00 p)
Selection Committee review and ranking deadline 8/29/2014
Intended date for contract award 9/16/2014*
QUALIFICATIONSANSPECTION: Proposals shall only be considered from Proposers normal
engaged in providing the typesof -s specified herein.- - right to inspect-.
Proposefacilities,equipment, personnel and organization or to take any other w,
necessarydetermine the 'roer's ability to perform. The City reserves the absolute right to rej
proposals in its sole discretion where evidence or odetermined to indicate the inabilityw,
proposers to perfo the required tasks.
The Vendor conducting surf instruction activities on City beaches shall be subject to a background check.
w - w r y.
or person w, ducting surf instruction activities on City beaches been o`d of a felony
the past five (5) years.
LICENSES/PERMITS/INSURANCE REQUIREMENTS: selected Vendor shall obtain and
liabilityprovide proof of all pertinent licenses, permits and insurance required to conduct business as a Vendor in
the City. Insurance coverage is to remain in force at all times during the contract period. The City is to be
named as "additional insured" with relation to general
officials,PROHIBITION OF INTEREST: No contract shall be awarded to a Proposer having an affiliation
with City elected officers or employees unless the Proposer has fully discloseds , w
and complied w ;d. related City ordinances. Proposers must disclose
affiliationsuch - selection process. o disclose ioresult
CONTRACT:disqualification of the Proposer, removal from the City's approved vendor lists, and prohibition from
engaging in any business with the City.
w pw d by the City and shall expire
reservesthree years from that date. The City to extend the contract for additional, - year
extensionternis providing all terms, conditions and specifications remain the same, both parties agree to the
4 such extensionapproved by the City. Vendoragrees and understands that the contract
shall not be construed
secure similar or identicalsole option. `` proposed Vend ! Agreement
RELEASEAttachment #1.
NEWS fLICITY: News releases, publicity d
any contract shall not be made without prior City approval.
PROPOSER'S COSTS: The City shall not be liable for any costs incurred by proposers in responding,
to this #
RULES AND PROPOSALS: The signer of the proposal must declare that the only person(s),
company or parties interested in the proposal as principals are named therein; that the proposal is made
without collusion with any other person(s), company or parties submitting a proposal; that it is in all
respects fair and in good faith, without collusion or fraud; and that the signer of the proposal has full
authority to bind the principal Proposer. The City reserves the right to reject any or all proposals, waive
minor informalities or award to/negotiate with firms whose submittals best serve the interests of the City.
DAYS, HOURS AND LOCATION OF OPERATION: Surf instruction by the selected Vendor
shall only be authorized between the hours of 800 a.m. — 5:00 p.m. daily including weekends and
holidays. The successful Vendor shall have operational rights of the assigned beach area seven (7) days
per week.
The City reserves the absolute right to revoke the contract if the selected Vendor does not adhere to the
Operating Regulations.
1. All City, County and State laws and regulations relating to the operational use of the City's
assigned beachfront areas shall be adhered to by the Vendor, his/her representatives an(i
employees.
2. The Vendor shall conduct his/her operation and provide contracted services in such a manner as
to maintain reasonable quiet and minimize disturbance to the general public and shall adhere to
all requirements of City Code, including but not limited to Chapter 54 and City Ordinance No.
14-2010.
3. The security for all property, equipment and supplies owned and provided by the Vendor shall
remain the responsibility of the Vendor. Costs relating to the repair or replacement of such items,
stolen, lost or damaged shall be at the sole cost and expense of the Vendor.
4. The Vendor shall be responsible for all damage to City property or the City beachfront caused by
the Vendor or his/her employees or agents. Any such damage shall be corrected to the City's
satisfaction at the sole cost and expense of the Vendor.
5. The Vendor shall provide a list of all proposed services and unit prices and shall not sell ol
provide anything other than that which he/she is licensed to provide.
6. The Vendor shall not leave any location without first picking up, removing and disposing of all
trash, materials or refuse remaining from services provided by him/her in the conduct of his/her
operation.
7. The Vendor's property shall not be left unattended at any time — there shall be no overnight
storage of any type on the beach. In addition, commercial surf school operations shall r-
• • . #
eprohibited within the following areas:
a. Within conservation areas, dunes or other protected zones.
b. Within beach parking areas.
c. Within pedestrian beach approaches (crossovers).
d. Within 25 feet of any lifeguard tower or facility.
SEA TURTLES: The Vendor acknowledges that marine turtle nesting activity may be ongoing
between the period of March I and October 31, or as determined by the State of Florida and its
departments/agencies each year. It is the responsibility of the Vendor to abide by any order issued by the
�49VY ii- -�r �i 16;ormup-tio,
accordance with the conditions set forth by the State. If the Vendor or his/her staff sees someone
I arassing a sea turtle or poaching a nest, the Vendor shall immediately call the Florida Fish and Wildlife
Conservation Commission at 1-888-404-3922.
DESCRIPTION OF SERVICES: The proposer shall provide the City with a detailed description
the scope of his/her proposed surf school operation including, but not limited to, a description of servic
to be rendered; an operations schedule including proposed days of operation; number and description
prices of all services.
FRANCHISE FEES: A franchise fee of $500 shall be payable by the operator to the City upon t1a
contract execution and annually each year thereafter, including but not limited to renewal years,
applicable. I
SECURITY: Security of all equipment shall be the responsibility of the operator. Equipment must be
City determines the need for removal.
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requirements of the contract, and to the City's satisfaction. Such test period can be from thirty (30) to
ninety (90) days, and shall be conducted under all specifications, terms and conditions contained in the
contract.
VENDOR PERFORMANCE REVIEWS AND RATINGS: The City shall develop a Vendor
Performance Evaluation Report. This Report shall be used to periodically review and rate the Vendor's
roerformance under the contract with performance ratings as follows:
Excellent Far exceeds requirements.
Good Exceeds requirements.
Fair Just meets requirements.
Poor Does not meet all requirements and Vendor is subject to possible
termination.
Noncompliance Either continued poor performance after notice or a performance level
that does not meet a significant portion of the requirements. This rating
makes the Vendor subject to the default or cancellation for cause
provisions of the contract.
The Report shall also list all discrepancies found during the review period. The Vendor shall be provida
with a copy of the Report, and may respond in writing if he/she takes exception to it or wishes a
comment. Vendor reviews and subsequent Reports shall be used in determining the suitability of contrall
extension.
ADMINISTRATIVE SERVICES: Personnel services provided by the Vendor shall be by
employees of the Vendor and subject to supervision by the Vendor, and not as officers, employees or
agents of the City. Personnel policies, tax responsibilities, social security, health insurance, employe,�
benefits, purchasing policies and other similar administrative procedures applicable to services renderei
under any contract shall be those of the Vendor. The Vendor must also maintain a Drug -Free Workplac*
Program. The City's prograrn requirements are included on Attachment #2; this form must be include4
with each proposal.
SUBCONTRACTORS: Subcontractors shall not be permitted under this contract.
DAMAGE TO PUBLIC OR PRIVATE PROPERTY: Damage to public and/or private property
as a result of Vendor operations shall be the responsibility of the Vendor and shall be repaired and/or
replaced at no cost to the City.
INSURANCE:
1. Insurance Requirements: Upon award, the Vendor shall obtain and furnish to the City, prior to
the contract being effective, Certificates of Insurance approved by the City. All insurance
policies shall be with insurers with an acceptable rating, registered and licensed to do business in
the State of Florida. The Vendor shall name the City as an additional named insured with the
following minimum coverages:
a. Worker's Compensation: Is required in accordance with the applicable provisions of
Florida Law.
b. Comprehensive General Liability Insurance: Shall be maintained by the Vendor with
minimum limits not less than the following:
$1,000,000 Bodily Injury and Property Damage — each occurrence
$1,000,000 Personal and Advertising Injury — each occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregated Limit
$ 5,000 Medical Payment
$ 100,000 Fire Damage Legal Liability
Coverage shall include contractual liability and Vendor's liability
c. Automobile Liability Insurance: Shall be maintained by the Vendor with a combined single
limit of not less than $1,000,000 bodily injury and property damage in accordance with the
laws of the State of Florida, as to the ownership, maintenance and use of all owned, non -
owned, leased or hired vehicles.
Upon request, the above requirements may be reduced in the final contract at the City's sole discretion.
NOTICES: All notices and franchise fee payments shall be sent to the parties at the following address:
City of Cape Canaveral
Leisure Services Department
P.O. Box 326
Cape Canaveral, FL 32920
I . Statement of Qualifications:
Provide a statement of understanding of the critical issues and opportunities associated with the
proposed services and how the Proposer is uniquely qualified to assist the City in this effort.
2. Preliminary Scope of Services:
Provide an outline detailing the approach and concept of the surf instruction service and a
proposed scope of services to demonstrate an understanding of the service.
3. Operations Schedule:
Provide an operations schedule including proposed days and hours of services to provide surf
lessons.
4. Surf School Appearance:
Provide a color photograph that includes all temporary structures to include promotional signage
and equipment that will be on site.
5. Uniform/apparel:
Provide a color photograph of the instructor's uniform/apparel.
6. Services Offered:
Provide a list of all proposed services rendered and unit prices.
7. Experience:
State and document the number of years of experience the Proposer has had in providing similar
services. List clients for whom services have been provided in the last three years. Provide client
names, addresses, telephone numbers, client contacts, e-mail addresses and dates that the
services were provided.
8. Employees:
Provide proof that the business has sufficient employees to provide coverage at the onset of the
contract. List those persons who may have a management position and will be working with the
City - list the names, titles or positions and the project duties. The city permits a maximum
ratio of 5 students per I instructor.
9. Permits/Licenses:
Provide copies of all County, State and City permits and licenses.
CONSIDERATION FOR AWARD/AWARD PROCEDURES: The award of the contract shall
be based on certain objectives and subjective considerations, and shall be based upon an evaluation point
system as follows:
Hours of operation: 0 to 10 points
Services offered: 0 to 10 points
Instruction experience/business references: 0 to 15 points
School equipment appearance: 0 to 15 points
Employee uniform/apparel appearance: 0 to 10 points
Licenses/permits: 0 to 10 points
Local Preference: 0 to 10 points
The evaluation of proposals shall be conducted by a Selection Committee of City Staff. The Committ-"
shall score and rank all responsive proposals and determine a minimum of three (3) Proposers to
finalists for further consideration. In the event there are less than three (3) responsive proposals, t
Committee shall give further consideration to all responsive proposals received. If necessary, t
Committee shall then conduct interviews, for clarification purposes only, with the finalists and re-sco
the proposals. The Committee shall then make a recommendation to the Cape Canaveral City Council fl
aw.!zrd.
Proposers or finalists may be required to provide an oral presentation by appearing before the Selection
Committee. The City may also require additional information and Proposers shall agree to famish such
information. The City reserves the absolute right in its sole discretion to award the contract to the Vendor
who shall best serve the interests of the City. The City reserves this right, based upon its deliberations and
in its opinion, to accept or reject any or all proposals. The City also reserves the absolute right to waive
minor irregularities or variations to the specifications in the proposal process.
1"1 .11 1 IM N DI 11140V M1101 1-31010MIUMOM
Acceptance and Rejection: The City reserves the absolute right to accept or reject any and all
Proposals and to accept the Proposal which best serves the interests of the City of Cape
Canaveral. The City may award sections individually or collectively, whichever is in its best
interest, unless the Vendor only intends to propose for the contract in its entirety.
Conflict: In the event that a conflict arises as to the contents of the RFP and the Agreement, tM,
Agreement shall govern. I
Economy of Preparation: The Proposals should provide a straightforward, concise descripti
of the Vendor's ability to fulfill the requirements of the Proposal. i
Indemnification and Hold Harmless: By submitting a response document signed by an
authorized agent of the Vendor, the Vendor acknowledges and accepts the terms and conditions
of the following indemnification statement in the event of award:
" performed all Services perfored pursuant to this Agreement, the
Vendor agrees to the fullest extent permitted by law, to indemnify and
hold harmless the City and its employees, officers, and attorneys from
and against all claims, losses, damages, personal injuries (including but
not limited to death), or liability (including reasonable attorney's fees),
directly or indirectly arising from the negligent acts, errors, omissions,
intentional or otherwise, arising out of or resulting from Vendor's
performance of any Services provided pursuant to this Agreement.
The indemnification provided above shall obligate the Vendor to defend
at his/her own expense or to provide for such defense, at the option of the
City, as the case may be, of any and all claims of liability and all suits
and actions of every name and description that may be brought against
the City or its employees, officers and attorneys which may result from
the Services under this Agreement whether the Services be performed by
the Vendor or anyone directly or indirectly employed by them. In all
events, the City shall be permitted to choose legal counsel of its sole
choice, the fees for which shall be reasonable and subject to and included
with this indemnification provided herein. This paragraph shall survive
termination of this Agreement."
Irmalities: The City of Cape Canaveral reserves the absolute right to both waive any minor
informality in Proposals and to determine, in its sole discretion, whether or not the informality is
minor.
Information: Vendors are to furnish all information requested. Failure to do so may be cause
for rejection.
Interpretations: Any questions concerning conditions and specifications shall be directed to t"
City Manager or City Manager's designee. Interpretations that may affect the eventual outco
of this Proposal will be furnished in writing to all prospective Vendors. No interpretations sh
be considered binding unless provided in writing by the City of Cape Canaveral. I
Non -Discrimination: The successful Vendor will comply with all federal and stat,*
requirements concerning fair employment and will not discriminate by reason of race, color, age,
religion,national origin, or physical handicap.
r.'
Patents and Copyrights: The Vendor will agree to hold harmless the City of Cape Canave'l
its officers, agents, employees, and attorneys from liability from any kind, including costs a
I
expenses, with respect to any claim, action, cost or judgment for patent or copyri 9
infringement.
Public Records: Florida law provides that municipal public records shall at all times be op"
for personal inspection by any person. Section 199.01, Florida Statutes. Information a
materials received by the City in connection with an RFP response shall be deemed to be publ
records subject to public inspection upon award, recommendation for award, or ten days aft
proposal opening, whichever occurs first. However, certain exemptions to the public records la,
are statutorily provided. If the Vendor believes any of the information contained in his or h
response is exempt from Florida's Public Records Law, then the Vendor must, in his or h
response, specifically identify the material which is deemed to be exempt and cite the leg
authority for the exemption, otherwise, the City will treat all materials received as public record�l
Time for Considerations: Proposals will be irrevocable after the time and date set for th@
opening of Proposals and for a period of ninety (90) days thereafter.
Trade Secrets: Proposers should not send trade secrets. If, however, trade secrets are claimed
by a Proposer, they will not be considered as trade secrets until the City is presented with the
alleged secrets together with proof that they are legally trade secrets. The City will then
determine whether it agrees and consents that they are in fact trade secrets. If a Proposer fails to
submit a claim of trade secrets to the City before obtaining the City's agreement, any
subsequently claimed trade secrets will be treated as public records and will be provided to any
ft,erson or entity making a public records request for the information.
Exhibit "A"
Attachment #1
Vendor Agreement
Page 9 of 19
VENDOR AGREEMENT
THIS AGREEMENT is made this- day of2("Eff . . .................. . ......... . .... , ective Date"), by
and between the CITY OF CAPE CANAVERAL, FLORIDA, a Florida municipal corporation, whose
address is 105 Polk Avenue, Cape Canaveral, Florida, 32920 ("City"), and
whose address is
Florida
("Vendor").
RECITALS:
01�1=
IIII I I l�7 1 p�i jg�i I ol
` I
ARTICLE 1
GENERAL PROVISIONS
("Services") for the
1.1 EnglZement. The City hereby engages the Vendor for the stated fee arrangement and
the Vendor agrees to perform the Services outlined in the Request for Proposal, attached hereto as
EXHIBIT "A", which is fully incorporated herein by this reference. No prior or present agreements or
representations shall be binding upon any of the parties hereto unless incorporated in this Agreement.
1.2 Due Diligence. The Vendor acknowledges that he/she has conducted an investigati
prior to execution of this Agreement and satisfied himself/herself as to the conditions affecting t
Services, the availability of materials and labor, the cost thereof, the requirements to obtain necess
insurance as set forth herein, and the steps necessary to complete the Services herein. The Venda]
Services set forth herein. The Vendor shall perform the Services with due and reasonable diligen]
consistent with sound professional practices.
1.3 Consultants Competitive Negotiation Act Services. The Vendor war -rants unto the City
that the services being performed pursuant to this Agreement do not constitute professional services as
defined by Section 287.055(2) (a), Florida Statutes.
Page 10 of 19
ARTICLE 2
PAYMENT TERMS
2.1 Payment Terms. Payment of $500 is due upon the contract execution and annually each
year thereafter, including but not limited to renewal years, if applicable.
ARTICLE 3
3.1 Provision of Services is a Private Undertaki . With regard to any and all Services
performed hereunder, it is specifically understood and agreed to by and between the parties hereto that the
contractual relationship between the City and the Vendor is such that the Vendor is not an agent of the
City. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an
independent contractor between the City and the Vendor during or after the performance of the Services
under this Agreement.
3.2 Warranty of Services. The Vendor hereby warrants unto the City that he/she has
sufficient experience to properly complete the Services specified herein or as may be performed pursuant
to this Agreement. The Vendor shall comply with all laws, ordinances, rules and regulations in the
performance of the Services. The Vendor shall pay all taxes, fees and license fees required by law,
including but not limited to occupational fees and withholding taxes and assume all costs incident to the
Services, except as provided herein.
�VIZTICLE 4
SUBCONTRACTS; ASSIGNMENT
4.1 Assignment and Subcontracting. Unless otherwise specifically required by this
Agreement, the Vendor shall not assign, sublet or transfer any rights or Services under or interest in
(including, but without limitations, moneys that may become due) this Agreement without the written
consent of the City, except to the extent that any assignment, sublet, or transfer is mandated by law or the
effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written
consent to any assignment, no assignment shall release or discharge the assignor from any duty or
responsibility under this Agreement. Further, the Vendor shall not subcontract any portion or all of the
Services without the written consent of the City. Nothing under this Agreement shall be construed to give
any rights or benefits in this Agreement to anyone other than the City and the Vendor, and all duties and
responsibilities undertaken pursuant to this Agreement shall be for the sole and exclusive benefit of the
City and the Vendor and not for the benefit of any other party.
ARTICLE 5
4rXS—C-X1'L4
5.1 Governing Law; Venue. This Contract shall be governed by the laws of the State of
Florida. Venue of all disputes shall be properly placed in Brevard County, Florida. The parties agree that
the Agreement was consummated in Brevard County, and the site of the Services is Brevard County. If
any dispute concerning this Contract arises under Federal law, the venue shall be Orlando, Florida.
5.2 Notices. All notices, demands, requests, instructions, approvals, and claims shall be in
writing. All notices of any type hereunder shall be given by U.S. mail or by hand delivery to an
individual authorized to receive niail for the below listed individuals, all to the following individuals at
msamm���
TO THE CITT:
David L. Greene
City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920
W-' wm4l i A '
My, JL=W ' I
araVAIJ.- =$.- re
Notice shall be deemed to have been given and received on the date the notice is physically received
given by hand delivery, or if notice is given by first class U.S. Mail, then notice shall be deemedI
to ha
been given upon the date said notice was deposited in the U.S. Mail addressed in the manner set fo
above. Any party hereto by giving notice in the manner set forth herein may unilaterally change the na
of the person to whom notice is to be given or the address at which notice is to be received.
5.3 Public Record. It is hereby specifically agreed that any record,put
document,
com' d,
information and program, audio or video tape, photograph, or other writing of the Vendor related rect
or indirectly, to this Agreement, may be deemed to be a Public Record whether in the possession
control of the City or the Vendor. Said record, document, computerized information and program, aud
or video tape, photograph or other writing of the Vendor is subject to the provisions of Chapter I I
t
di
I
Florida Statutes, and may not be destroyed without the specific written approval of the City. Up
request by the City, the Vendor shall promptly supply copies of said public record
d s to the City.
books, cards, registers, receipts, documents another papers in connection with this Agreement shall
any and all reasonable times during the normal working hours of the Vendor be open and freely exhibit I
to the City for the purpose of examination and/or audit.
5.4 Amendment of Ai!reement. Modifications or changes in this Agreement must be in
writing and executed by the parties bound to this Agreement.
5.5 Severability. If a word, sentence or paragraph herein shall be declared illegal,
unenforceable or unconstitutional, the said word, sentence or paragraph shall be severed from this
Contract, and this Contract shall be read as if said illegal, unenforceable or unconstitutional word,
sentence or paragraph did not exist.
5.6 Attorney's Fees. Should any litigation arise concerning this Agreement between the
parties hereto, the parties agree to bear their own costs and attorney's fees.
5.7 Entire Agreement. This Agreement represents the entire and integrated Agreement
between the parties and supersedes all prior negotiations, representations or Agreements, either oral or
written, and all such matters shall be deemed merged into this Agreement.
5.8 Soverei2n Immunity. Notwithstanding any other provision set forth in this Agreeme
nothing contained in this Agreement shall be construed as a waiver of the City's right to soverei
immunity under Section 768.28, Florida Statutes or other limitations imposed on the City's potenti
liability under state or federal law. As such, Vendor agrees that the City shall not be liable under t
Agreement for punitive damages or interest for the period before judgment. Further, the City shall not t
liable for any claim or judgment, or portion thereof, to any one person fod
r more than two hunr i
thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with
other claims or judgments paid by the State or its agencies and subdivisions arising out of the sa
dent or occurrence, exceeds the sum of three hundred thousand dollars ($300,000.00).
ARTICLE 6
6.1 Worker's Compensation,. Upon the effective date of this Agreement, Vendor sh--ff
provide proof of worker's compensation insurance in the minimum amount required by law (if req I
6.2 General Liability. Insurance Requirements: Upon award, the Vendor shall be
required to obtain and furnish to the City, prior to the contract being effective, Certificates of Insurance
approved by the City. All insurance policies shall be with insurers with an acceptable rating, registered
and licensed to do business in the State of Florida. The Vendor shall be required to name the City as an
additional named insured with the following minimum coverages:
a. Workers' Compensation: Is required in accordance with the applicable provisions of Florida
Law.
b. Comprehensive General Liability Insurance: Shall be maintained by the Vendor with
minimum limits not less than the following:
$1,000,000 Bodily Injury and Property Damage — each occurrence
$1,000,000 Personal and Advertising Injury — each occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregated Limit
$ 5,000 Medical Payment
$ 100,000 Fire Damage Legal Liability
Coverage shall include contractual liability and Vendor's liability.
MRIMMR
41 FMI Or-JR11mille-Me ill OVA I 114MIRVITAI OWMIONVIONIMM114
q � "111 ITIN nil Ill I I I W 10 0 S) 01 ON11MAD MI 0-0 NJM "FRpill
Hr
ol the State ot Ploricla, as to the ownership, maintenance and use of ailloEnon-ownedi, leas
or hired vehicles.
BEEN
6.3 Requirements. This paragraph shall be applicable to Sections 6.1 and 6.2. The
insurance required by this Article shall include the liability and coverage provided herein, or as required
by law, whichever requirements afford greater coverage. All of the policies of insurance so required to be
purchased and maintained for the certificates (or other evidence thereof) shall contain a provision or
�vApr%,ein-e-jitihat-th-e--c-Qveraue afforded shall not be canceled, materialLy—chimVed or renewal refused until
at least thirty (30) days' prior written notice has been given to the City and the Vendor by certified mail,
return receipt requested. All such insurance shall remain in effect until final payment. Unless agreed to
by the City to the contrary, the City shall be named on the foregoing insurance policies as "additional
insured". The Vendor shall cause its insurance carriers to furnish insurance certificates specifying the
types and amounts of coverage in effect pursuant hereto, the expiration dates of such policies, and a
statement that no insurance under such policies shall be canceled without thirty (30) days' prior written
notice to the City in compliance with other provisions of this Agreement. For all Services performed
rcursuant to this Agreement, the Vendor shall continuously maintain such insurance as required by
Sections 6.1, 6.2, and 6.3. In the event Vendor falls to maintain said insurance, City, at its option, may
elect to terminate this Agreement by written notice to Vendor.
6.4 Indemnification and Hold Harmless. For all Services performed pursuant to this
Agreement, the Vendor agrees to the fullest extent permitted by law, to indemnify and hold harmless the
City and its employees, officers, and attorneys from and against all claims, losses, damages, personal
injuries (including but not limited to death), or liability (including reasonable attorney's fees), directly or
indirectly arising from the negligent acts, errors, omissions, intentional or otherwise, arising out of or
resulting from Vendor's performance of any Services provided pursuant to this Agreement.
The indemnification provided above shall obligate the Vendor to defend at his/her own expense or tw,
provide for such defense, at the option of the City, as the case may be, of any and all claims of liability
and all suits and actions of every name and description that may be brought against the City or its
employees, officers and attorneys which may result from the Services under this Agreement whether the
Services be performed by the Vendor or anyone directly or indirectly employed by them. In all events,
the City shall be permitted to choose legal counsel of its sole choice, the fees for which shall be
reasonable and subject to and included with this indemnification provided herein. This paragraph 6.4
shall survive termination of this Agreement.
6.5 Standard of Care. In performing its Services hereunder, the Vendor shall use that
degree of care and skill ordinarily exercised, under similar circumstances by reputable persons providing
the same or similar services.
Exhibit "A"
ARTICLE 7
TERMINATION OF THE CONTRACT
7.1 Termination for Convenience by City. The City Council may terminate this
Agreement with thirty (30) days written notice to Vendor. Such termination shall be at City Council's
sole discretion.
7.2 Termination for Cause by City. Vendor acknowledges and agrees that if,
through any cause, the Vendor fails to fulfill in a timely and proper manner its obligations under
this Agreement, or if the Vendor shall violate any of the provisions of this Agreement, the City
Manager or City Manager's designee may upon written notice to the Vendor, terminate the right
of the Vendor to proceed under this Agreement, or with such part or parts of the Agreement as to
w1 i,` Wy-
by reason of such default and termination. In the event of such termination, the Vendor shall not
be relieved of liability to the City for damages sustained by the City by reason of any breach of
this Agreement by the vendor.
7.3 Termination by Vendor. With at least thirty (30) days written notice to the City,
Vendor may terminate this Agreement if the City fails to comply with the terms and conditions of this
Agreement.
7.4 Termination by Consent. This Agreement may be terminated by the mutual written
consent of both parties at any time, and without penalty.
7.5 Upon Termination. Upon termination of this Agreement, Vendor shall be entitled to no
additional compensation. Upon notice of termination, the Vendor shall cease all Services being provided
hereunder.
IM,
ri,erform on the part of the Vendor.
ARTICLE 8
TERM OF AGREEMENT
8.1 Term. The term of this Agreement shall commence on the Effective Date of this
Agreement and end on unless extended by mutual written agreement of the parties.
ARTICLE 9
CONFLICTS
9.1 Confl.H.—I.S. In the event that a conflict arises as to the contents of Exhibit "A" and the
Agreement, the Agreement shall govern.
Page 15 of 19
IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed as of the
date first written above.
141-11-r'
ff-C
Title: Date:
LIVIA"
fim
The foregoing instrument was acknowledged before me this _ day of _ , 20 , bjj
. who executed the foregoing instrument and acknowledge IN
before me that he/she executed the same for the uses and purposes therein expressed and who
personally known to me or - who has produced as identification and who did ta
111 +N
(NOTARY SEAL) Notary Public Signatur+
Exhibit "A"
Attachment #2
Drug -Free Workplace Program Form
Page 17 of 19
To be considered for a Contractfor Proposer, - a Drug -Free Workplace
�Togram in-place. In order to have a drug-free workplace program, a Proposer shall:
I . Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing or possession of a controlled substance is prohibited in the workplace and
specifying the actions that shall be taken against employees for violations of such
prohibition.
engaged2. Inform employees about the dangers of drug abuse in the workplace, the Proposer'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 in providing the commoditiesor contractualr copy
laterof the statement specified in subsection (1) above.
4. In the statement specified in subsection (1) above, notify the employees that, as a
condition of working on the commodities or contractual services, the employee shall
abide by the terms of the statement and shall 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 . days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community, 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 the statement, I certify that this Proposer complies fully with the
above requirements.
• • •
Exhibit "A"
Exhibit A
Commercial Surf School Franchise — RFP #2014-02
Page 19 of 19
A`.� �® CERTIFICATE OF LIABILITY INSURANCE °AT112111014
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(les) must 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
SUNSHINE STATE INSURANCE
1111 NW 23RD AVE
CONTACT
NAME:
PHONE
Extl: (352) 371.9696 FAX
NO: (352) 373-7489
E-MAIL
ADDRESS:
GAINESVILLE, FL 32609-5420
(352) 371-9696
INSURER(S)AFFORDING COVERAGE NAICIT
SRPGP-101-0414
INSURERA: United States Fire Insurance 21113
INSURED SPORTS AND RECREATION PROVIDERS ASSOCIATION (PURCHASING GROUP) AND
ITS PARTICIPATING MEMBERS:
INSURER B :
INSURER C :
PERSONAL &ADV INJURY $1,000,000.00
Sandy Beach Surfing, LLC
INSURERD:
7916 Aurora Court
INSURERE:
Cape Canaveral, FL 32920
INSURER F :
COVERAGES CERTIFICATE NUMBER: USP152800 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.
om
TYPE OF INSURANCE TYPE
WSR
SUaR
WVD
POLICY HUMBER
POLICY EFF
MM1DDftYYY
POLICY EXP
MMIDI)MM
LIMITS
A
GENERAL LIABILITY
X COUMU ALGEhZULLIA34 TY
CW1iSYA0E Ex -1 OCCUR
GENL AGGREGATE LURK APPLIES PER
X POLICY El 7C LOC
X
SRPGP-101-0414
12ota
2:01 AM
12:01
01
05/281 AM
12:01 M
A
GENERAL AGGREGATE $2,000,000.00
PRODUCTS -COMPIOPAGO $2,000,000.00
PERSONAL &ADV INJURY $1,000,000.00
EACH OCCURRENCE $1,000,000.00
FIRE DAMAGE (Any one Me) $300,000.00
MED EXP (Any om person) $5,000.00
AUTOMOBILE LUIBILITY
ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
H9REDAUTO NON-OYPNED
AUTOS
C,> NEO3iNc,LEUMUT
E..eadtnk S
BODILY INJURY (Per person) $
P
BODILY INJURY (� eocderu) $
PROPER TY DAMAGE
Pw ee'dt $
UMBRELLA LIAROCCUR
EXCESS LIAg
HCLAIMS41LAZE
EACH OCCURRENCE $
AGGREGATE $
DEO RETENRON s
EACH OCCURRENCE $
GENERAL AGGREGATE $
EACH OCCURRENCE $
GENERAL AGGREGATE S
DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, H more space Is required)
Surfing Camp
The certificate holder is added as additional insured but only with respect to liability arising out of operations of the named insured during the policy period.
CERTIFICATE HOLDER CANCELLATION
City of Cape Canaveral
7300 North Atlantic Avenue
P.O. Box 326
Cape Canaveral, FL 32920
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
Francis L. Dean
ACORD 25 (2010105) 01988-2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
A� CERTIFICATE OF LIABILITY INSURANCE DAT512112D/YYYY►
5128!2014
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(les) must 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
SUNSHINE STATE INSURANCE
NW 23RD AVE
CONTACT
NAME:
A FAX Nal: (352) 373-7489
PONE1111
AHC, No Ext : (352) 371-9696 (AIC,
EMAIL
ADDRESS:
GAINESVILLE, FL 32609-5420
(352) 371-9696
INSURER(S) AFFORDING COVERAGE NAIC
SRPGP-101-0414
INSURERA: United States Fire Insurance 21113
INSURED SPORTS AND RECREATION PROVIDERS ASSOCIATION (PURCHASING GROUP) AND
ITS PARTICIPATING MEMBERS:
INSURERB :
INSURERC :
PERSONAL& ADV INJURY $1,000,000.00
Sandy Beach Surfing, LLC
7916 Aurora Court
INSURERD:
INSURERE:
Cape Canaveral, FL 32920
INSURER F :
AUTOMOBILE LIABILITY
ANY ALTO
ALL UTO NEO SOouLED
NtREOAUTO NON•OVNMEO
AUTOS
COVERAGES CERTIFICATE NUMBER: USP152800 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 REOUIREMENT, 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.
INSF
LTR
TYPEOF[NSURANCE
ADOL
INSR
SUER
YWD
POUCYNUMBER
POLICY EFF
MNWDIYYW
POLICY EXP
MMODNYYY
LIMITS
A
GENERAL LIABILITY
X COMSIERCIAL GENEiM UABIUTY
CtAWSWIADE 1X1OCCUR
GEN-LAGGREGATE LIMIT APPLIES PER:
X POLICY .CT LOC
X
SRPGP-101-0414
12o1a
2:01AM
12:01
05/281201
12:01 AM
GENERAL AGGREGATE $2,000,000.00
PRODUCTS - COMNOP AGG $2.000,000.00
PERSONAL& ADV INJURY $1,000,000.00
EACH OCCURRENCE $1,000,000.00
FIRE DAMAGE (Any one fire) $300,000.00
MED EXP (Any One person) $5,000,00
AUTOMOBILE LIABILITY
ANY ALTO
ALL UTO NEO SOouLED
NtREOAUTO NON•OVNMEO
AUTOS
E s[NGLE Lu[tT $
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
PROPERTY QWAGE
P., .caEaM $
UMBRELLA LUL&
EXCESS LUL&
OCCUREACH
cLAw..
OCCURRENCE $
AGGREGATE $
CEO RETENRCN s
EACH OCCURRENCE $
GENERAL AGGREGATE $
EACHOCCURRENCE $
GENERALAGGREGATE $
GL Premium
$378.00
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, U more space Is required)
Surfing Camp
L.CK 1 IrK A 1 C r1ULIJCK
Sandy Beach Surfing, LLC
7916 Aurora Court
Cape Canaveral, FL 32920
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
Francis G. Dean
ACORD 25 (2010105) m 1988-2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
ACOI ® DATE(MWDOVYYY`t)
`� ADDITIONAL INTEREST SCHEDULE 5/28/2014
AGENCY CARRIER MAIC CODE
United States Fire Insurance Company 21113
POLICY NUMBER EFFECTIVE DATE NAMED INSURED(S)
SRPGP-101-04141USP152800 05128!2014 Sandy Beach Surfing, LLC
12:01 AM
ADDITIONAL INTEREST Mot all fields aooly to all scenarios — orovide oniv the necessary data)
INTEREST
NAME AND ADDRESS RANK:
EVIDENCE:
CERTIFICATE I
POLICY I SEND BILL
INTEREST IN ITEM NUMBER
ADDITIONAL
X INSURED
LOSS PAYEE
CI of Cape Canaveral
ty (�
LOCATION: BUILDING:
VE14CLE: BOAT:
BEACH OF
WARRANT`
CO-OWNER
MORTGAGEE
OWNER
7300 North Atlantic Avenue
P.O. Box 326
AIRPORT: AIRCRAFT:
EMPLOYEE
LESSOR
REGISTRANT
Cape Canaveral, FL 32920
ITEM ITEM:
CLASS:
!TEM DESCRtPTWN
LEASEBACK TRUSTEE
OWNER
UENHOLDER
REFERENCE I LOAN h.
INTEREST END DATE:
LIEN AMOUNT:
PHONE (Alt. No, Ex):
FAX t&C. Nal:
REASON FOR INTEREST:
E4 0UL ADDRESS:
INTEREST
NAME AND ADDRESS RANK:
EVIDENCE
CERTIFICATE
POLICY SEND BILL
INTEREST IN ITEM NUMBER
X ACOMONAL
INSURED
LOSSPAYEE
LOCATION: BUILDING:
VEHICLE: BOAT:
BEACH OF
WARRANTY
MORTGAGEE
AIRPORT: AIRCRAFT:
CO-OWNER OWNER
EMPLOYEE
AS LESSOR
REGISTRANT
17EM
CLASS: nom'
ITEM DESCRIPTION
LEASEBACK TRUSTEE
OWNER
REFERENCE I LOAN F:
INTEREST END DATE:
UEHNOLDER
LIEN AMOUNT:
PHONE (AIC. No. Exk
FAX (AFC. No):
REASON FOR INTEREST:
EMAIL ADDRESS:
INTEREST
NAME AND ADDRESS RANK:
EVIDENCE:
CERTIFICATE
POLICY SEND BILL
INTEREST INnEMNUMBER
X INA �p L
LOSS PAYEE
LOCATION: BWlDiti0:
VEHICLE: BOAT:
BEACH OF
WARRANTY
MORTGAGEE
AIRPORT: AIRCRAFT:
CO-OWNER OWNER
EMPLOYEE
AS LESSOR
REGISTRANT
ITEM REN:
CLASS:
ITEM DESCRIPTION
LEASEBACK
OWNER TRUSTEE
REFERENCE I LOANS:
INTEREST END DATE:
UENHOLDER
UEN AMOUNT:
PHONE (AIC, No, ER):
FAX (AfC. Nol:
REASON FOR INTEREST:
E-MAIL ADDRESS:
INTEREST
NAME AND ADDRESS RANK:
EWDENCE:
CERTIFICATE
POLICY SEND BILL
INTEREST IN ITEM NUMBER
ADDITIONAL
X INSURED
LOSS PAYEE
LOCATION: BLULMO:
BEACH OF
WARRANTY
MORTGAGEE
VEHICLE: BOAT:
AIRPORT: AIRCRAFT:
CO-OWNER OWNER
EMPLOYEE AS LESSOR
REGISTRANT
ICLAMSS: REM:
LEASEBACK
OWNER
TRUSTEE
ITEM DESCRIPTION
REFERENCE I LOAN F:
INTEREST END DATE:
UENHOLDER
LIEN AMOUNT:
PHONE (AIC, No. E•l:
FAX WC, No);
REASON FOR INTEREST:
E-MAIL ADDRESS:
INTEREST
NAME AND ADDRESS RANK:
EVIDENCE:
CERTIFICATE
POLICY SEND BILL
INTEREST IN ITEM NUMBER
X INSUREDADDITIONAL
LOSSPAYEE
LOCATION: BUILDING:
BEACH O F
WARRAN
WARRANTY
MORTGAGEE
VEKICLE: BOAT:
AIRPORT: AIRCRAFT:
CO4WNER OWNER
EMPLOYEEAS L93SSOR
REGISTRANT
ITEM
CLASS: REM:
LEASEBACK
OWNER
TRUSTEE
ITEM DESCRIPTION
REFERENCE I LOAN F:
I
INTEREST END DATE:
dUEKNOL.DER
LIEN AMOUNT:
PHONE (AIC. No. Eal:
FAX (AIC. Nal:
REASON FOR INTEREST:
E4WL ADDRESS:
The above are added as additional Insured but only with respect to liability arising out of operations of the named insured during the policy period.
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