Backup Documents 02/09/2016 Item #16F1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 F 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office CMG
SIC
4. BCC Office Board of County y
Commissioners Y5/ Z\zA\ o
5. Minutes and Records Clerk of Court's Office .4,141 1/4>PRIMARY CONTACT INFORMATION t t
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for addition I or missing information.
Name of Primary Staff Kelly Green 252-239-23
Contact/ Department
Agenda Date Item was 02/09/2016 Agenda Item Number 16F1
Approved by the BCC
Type of Document Number of Original One
Attached Documents Attached
PO number or account n/a
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column, whichever is Yes N/A(Not
appropriate. nitia1)- Applicable)
1. Does the document require the chairman's original signature
0/161--2. Does the document need to be sent to another agency for additional signatures? If yes, N I
provide the Contact Information(Name; Agency;Address;Phone)on an attached sheet.
fk-
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's !�
Office and all other parties except the BCC Chairman and the Clerk to the Board .ti
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's ig1(
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE. 1
Some documents are time sensitive and require forwarding to Tallahassee within a certain �J
time frame or the BCC's actions are nullified. Be • • • • of your deadlines!
8. The document was approved by the BCC o 1; : ,d all changes made during
the meeting have been incorporated in the at a* •' •ocument. The County
Attorney's Office has,rcviewed the changes,if •pplicable.
9. Initials of attorney verifying that the attached do ment is the version approved by the
BCC, all changes directed by the BCC have bee made, and the document is ready for the
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16 F1
MEMORANDUM
Date: February 24, 2016
To: Kelly Green, Tourist Tax Coordinator
Tourism Department
From: Teresa Cannon, Deputy Clerk
Minutes and Records Department
Re: Amendment #1 to Contract #15-6439
"Naples, Marco Island, Everglades Convention & Visitors Bureau
and U.S. Open Pickleball Championships Hosting Agreement
Attached for your records is a copy of the Amendment as referenced above (Item
#16F1) approved by the Board of County Commissioners on Tuesday, February 9,
2016.
The original has been kept by the Minutes and Record's Department and as part of the
Board's Official Record.
If you have any questions, you may contact me at 252-8411.
Thank you.
Attachment
16 F 1
Amendment#1 to Contract#15-6439
"Naples,Marco Island,Everglades Convention & Visitors Bureau and
U.S. Open Pickleball Championships Hosting Agreement"
This amendment, dated February 9 , 2016 to the referenced Agreement shall be by and
between the parties to the original Agreement, Spirit Promotions (to be referred to as
"Contractor") and Collier County, Florida, (to be referred to as "Owner").
Statement of Understanding
RE: Contract#15-6439 "Naples, Marco Island, Everglades Convention & Visitors
Bureau and U.S. Open Pickleball Championships Hosting Agreement"
In order to continue the services provided for in the original Agreement referenced above,
the Contractor agrees to amend the Agreement as provided herein.
WHEREAS, the U.S. Open Pickleball Championships Hosting Agreement provides that
Spirit Promotions shall provide a pickleball stadium court for the event; and
WHEREAS, Spirit Promotions has committed to the County that it will provide a
stadium court and bleachers for the event at its own expense and once completed, Spirit
Promotions will donate the upgraded stadium court to the County; and
WHEREAS, the Board of County Commissioners agrees to allow Spirit Promotions to
convert an exisiting tennis court(s) into a pickleball stadium court for purposes of the U.S. Open
Pickleball Championships and to remain as such throughout the term of the Hosting Agreement,
and the Board hereby accepts the donation of the pickleball court(s).
NOW THEREFORE in consideration of One Dollar ($1.00) and other good and
valuable consideration exchanged amongst the Parties, and in consideration of the covenants
contained herein, the Parties hereby enter into this Amendment on the following terms and
conditions:
[04-CMG-00002/1233506/1] 1
16F1 6
1. Spirit Promotions shall:
a. Provide a pickleball stadium court at its own expense by converting an existing
tennis court into a stadium pickleball court with an upgraded surface to be ready
for the U.S. Open Pickleball Championship on April 26, 2016;
b. Select and retain the contractor or vendor to conduct the work;
c. Construct the stadium pickleball court in compliance with the diagrams attached
hereto as Exhibit"A";
d. Require the contractor or vendor to maintain insurance in compliance with the
requirements found in Exhibit "B" with Collier County Board of County
Commissioners named as an additional insured;
e. Secure all necessary permits at its own expense to conduct the work;
f. Provide County property with reasonable protection during the work and any
damages to County property shall be repaired at the Contractor's expense;
g. Improvements shall be complete and all signs of construction removed prior to the
start of the U.S. Open Pickleball Championships;
h. Donate the value of the improved tennis court to a pickleball court(s) to Collier
County;
i. Purchase (or rent), install, and dismantle bleachers for the event; and
j. Remove existing fencing for purposes of construction/surface upgrade and replace
existing fence at the end of the tournament following removal of the bleachers.
k. Indemnification. To the maximum extent permitted by Florida law, the Contractor
shall indemnify and hold harmless Collier County, its officers and employees
from any and all liabilities, damages, losses and costs, including, but not limited
to, reasonable attorneys' fees and paralegals' fees, whether resulting from any
claimed breach of this Agreement by Contractor, any statutory or regulatory
[04-CMG-00002/1233506/1] 2
1 6 F1
violations, or from personal injury, property damage, direct or consequential
damages, or economic loss, to the extent caused by the negligence, recklessness,
or intentionally wrongful conduct of the Contractor or anyone employed or
utilized by the Contractor in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any
other rights or remedies which otherwise may be available to an indemnified party
or person described in this paragraph.
This section does not pertain to any incident arising from the sole
negligence of Collier County.
The duty to defend under this Section (i) is independent and separate from
the duty to indemnify, and the duty to defend exists regardless of any ultimate
liability of the Contractor, County and any indemnified party. The duty to defend
arises immediately upon presentation of a claim by any party and written notice of
such claim being provided to Contractor. Contractor's obligation to indemnify
and defend under this Section (i) will survive the expiration or earlier termination
of this Agreement until it is determined by final judgment that an action against
the County or an indemnified party for the matter indemnified hereunder is fully
and finally barred by the applicable statute of limitations.
2. Collier County shall:
a. Provide access to the East Naples Community Park tennis facility for Spirit
Promotions to improve the existing tennis court as depicted in Exhibit A.
b. Provide two sets of portable bleachers with a seating capacity of approximately
150 people per set for the U.S. Open Pickleball Championship event.
c. Allow the stadium court with the upgraded pickleball court surface to remain
intact throughout the term of the Hosting Agreement.
[04-CMG-00002/1233506/1] 3
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,
16F1
3. f ermination: lila:, Amendment ma) -he terminated ti either partith len da-:.=, Aril:ten
the other
.\I:other lerrns and,.condition:,of the 110,:ino. Agreement Nhall rcmain in force,
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