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Backup Documents 03/08/2016 Item #16G 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16G 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 4. BCC Office Board of County Nckk Commissioners \r\V,/ 3\`\k„ 5. Minutes and Records Clerk of Court's Office (/'W tteceP/1 PRIMARY CONTACT INFORMATION 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 additional or missing information. Name of Primary Staff Debbie Brueggema Admin,Airport Phone Number 642-7878 Ext.34 Contact/ Department Authority Agenda Date Item was March 8,2016 Agenda Item Number Approved by the BCC Type of Document Harvest Festival Agreement Number of Original 1 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. (Initial) Applicable) 1. Does the document require the chairman's original signature? N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Infullnation(Name;Agency;Address;Phone)on an attached sheet. INC) 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 R, 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. (1(� 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's 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. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 3/08/16 and all changes made during the meeting have been incorporated in the attached document. The County 'ACAttorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the me 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 16G 2 Martha S. Vergara From: Martha S.Vergara Sent: Wednesday, March 09, 2016 12:05 PM To: Brueggeman, Debra Subject: Harvest Festival Agreement - Immokalee Attachments: Debbie Brueggeman.pdf Hi Debbie, Attached is a scanned copy of the Agreement(Agenda Item#16G2 from the 3/8/16 BCC Meeting)for your records. I also have the t-hanger agreement, would you like it via interoffice mail? Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara@collierclerk.com 1 16 G 2 SITE LICENSE AGREEMENT: HARVEST FESTIVAL EVENT AT IMMOKALEE REGIONAL AIRPORT SITE LICENSE AGREEMENT BETWEEN THE COLLIER COUNTY AIRPORT AUTHORITY AND THE IMMOKALEE CHAMBER OF COMMMERCE, INC. APPROVING THE USE OF COUNTY-OWNED PROPERTY FOR THE PURPOSE HOLDING THE HARVEST FESTIVAL EVENT. This SITE LICENSE AGREEMENT entered into this$ day of K- , 2016 by and between the Board of County Commissioners, in its capacity as the Collier County Airport Authority, whose mailing address is c/o Airport Authority Director, 2005 Mainsail Drive, Suite 1,Naples, Florida 34114, hereinafter referred to as AUTHORITY, and The Immokalee Chamber of Commerce, Inc., whose mailing address is 1300 N. 15`1 Street, Suite 2, Immokalee, Florida 34142,hereinafter referred to as LICENSEE. WHEREAS, the LICENSEE requests the use of County-owned land for the purpose of activities related to LICENSEE's Harvest Festival Event on April 22—24, 2016. WHEREAS, the AUTHORITY is willing to approve the use of the subject County- owned land for such purposes. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN AND OTHER VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: 1. The AUTHORITY hereby licenses real property in Collier County, Florida, described as open areas at the Southwest portion of the Immokalee Regional Airport, further shown in Exhibit "A" attached and made a part hereof, hereinafter referred to as "Property" for the purpose of holding the Harvest Festival Event. 2. The approval of the use of the Property by the LICENSEE shall extend from April 22 — 24, 2016. LICENSEE is granted use of the Property from 6:00 a.m. until 10:00 p.m. [These dates include one (1) day for set-up, one (1) day for the actual event, and one-half(1/2) day for take down for a total of 2 and 1/2 days.] In the event LICENSEE should fail to return the Property to its pre-event condition by 2 p.m. April 24, 2016, the County shall impose a penalty of$1,000.00 per hour or portion thereof. 3. The LICENSEE shall monitor, control and assume responsibility for all activities, vendors, licensees, and invitees associated with such event, such responsibility not being limited to trash collection and clean-up of the Property. The LICENSEE accepts the Property "as is". AUTHORITY shall not be obligated or required to improve, repair, or maintain the Property or any part thereof in any manner whatsoever. LICENSEE agrees to provide adequate personnel for the timely removal of all event items and remnants. 4. The LICENSEE shall acquire any and all permits required by Collier County and any other governmental entity, including and not limited to an event waiver, to conduct such event Od • 16G 2 and related activities on the Property prior to the dates of the intended event. Said permits are issued by the Planning and Permitting Department located within the Collier County Growth Management Division building on Horseshoe Drive. 5. In lieu of a license fee, LICENSEE shall grant AUTHORITY use of the Property in exchange for AUTHORITY's business logo being used on LICENSEE's website banner for the event and also on banners located at the event consistent with "Bronze" level sponsorship, carrying a monetary value of $1,000, as set forth in the Harvest Festival Sponsorship Fee Schedule. 6. NON-PERMANENT IMPROVEMENTS: Prior to making any changes, alterations, additions or improvements to the Property, the LICENSEE will provide to AUTHORITY, in writing, all proposals and plans for alterations, improvements, changes or additions to the Property. The LICENSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Property, to observe and comply with all present and future laws, ordinances, rules, regulations, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. All alterations, improvements, and additions to the Property shall, at once, when made or installed, be deemed as attached to the freehold and to have become the property of Collier County and shall remain for the benefit of the County at the end of the term set forth in this Agreement in as good order and condition as they were when installed, reasonable wear and tear excepted; provided, however, if AUTHORITY's staff so directs, the LICENSEE shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Property by the LICENSEE, and repair any damage caused to the Property by such removal. 7. This Agreement hereby expressly adopts and incorporates by reference as if fully set out herein the attached Exhibit "B": the Collier County Airport Authority Contract Insurance Requirements. All terms and conditions of such Agreement are deemed to apply to this Site License Agreement and LICENSEE expressly agrees to abide by the conditions listed in Exhibit «B„ 8. The LICENSEE, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, shall indemnify, defend and hold harmless Collier County, the AUTHORITY, the Board of County Commissioners and all of each entity's respective agents and employees from and against any and all liability (statutory or otherwise), damages, claims suits, demands,judgments, costs, interest and expenses (including, but not limited to, attorneys' fees and disbursements both at trial and appellate levels) arising, directly or indirectly, from any injury to, or death of, any person or persons or damage to property (including loss of use thereof) related to (A) LICENSEE'S use of the Property, (B) any work or thing whatsoever done, or any condition created (other than by AUTHORITY, its employees, agents or contractors) by or on behalf of LICENSEE in or about the Property, (C) any condition of the obligations under this Agreement, or (D) any act, omission or negligence of LICENSEE or its agents, contractors, employees, subtenants, licensees, invitees or patrons. In case any action or proceeding if AUTHORITY shall so request, at LICENSEE'S expense, by counsel reasonably satisfactory to AUTHORITY. 2 16G 2 The AUTHORITY shall not be liable for any injury or damage to person or property caused by the elements or by other persons on the Property, or from the street or sub-surface, or from any other place, or for any interference caused by operations by or for a governmental authority in construction of any public or quasi-public works. The AUTHORITY shall not be liable for any damages to or loss of, including loss due to petty theft, any property, occurring on the Property or any part thereof, and the LICENSEE agrees to hold the AUTHORITY harmless from any claims or damage, except where such damage or injury is the result of the gross negligence or willful misconduct of the AUTHORITY or its employees. The County shall not be responsible for any loss, theft or damage to any vehicle using the designated vehicle parking area. 9. The LICENSEE covenants and agrees not to assign this Agreement or to permit any other persons to occupy same without the prior written consent of the AUTHORITY. 10. The Collier County Airport AUTHORITY reserves the right to cancel and/or reschedule any or all of the above-described activities, scheduled for any or all of the above-listed days, upon ten (10) days notice to the LICENSEE of the intent to reschedule and/or cancel. If the AUTHORITY cancels the event, all monies will be returned to LICENSEE in a timely manner. 11. Any notice to be given by either party to the other pursuant to the provisions of this Agreement shall be in writing, but may be delivered by mail, fax, email or any other means of actual written notice. Notice shall be effective upon actual receipt by the addressee. 12. The AUTHORITY and LICENSEE specifically agree that this Agreement represents a Bare License with no interest coupled thereto for the LICENSEE'S use of the Property and does not convey any estate in the Property or create any interest whatsoever. 13. The LICENSEE represents and warrants to the AUTHORITY that no hazardous materials will be discharged to the air, grounds, sewer, or to a septic system on the Property. At termination of this Agreement, at no cost to the AUTHORITY, the AUTHORITY may request that the LICENSEE conduct and provide to the AUTHORITY an environmental audit, which shall contain a written declaration from an environmental consultant acceptable to AUTHORITY, which verifies that the Property which is the subject of this Agreement is in compliance with all applicable State and Federal environmental laws, and that the property surrounding the Property is free from contamination. The LICENSEE acknowledges its obligation hereunder for the cost of conducting the environmental audit, bringing the subject facilities into compliance and any and all costs for clean up, removal and remediation, if any, but only if such clean up, removal and remediation is the result of acts of the LICENSEE during the period of the event. LICENSEE shall not be responsible for clean up, removal and remediation of any existing environmental condition prior to the date of the event. 14. The LICENSEE shall be responsible for paying all applicable sales taxes, and charges associated with or resulting from the holding of this event. 15. The LICENSEE shall be allowed to utilize water on AUTHORITY's Property, if available, without any cost to PERMITTEE. 3 16G 2 16. At its sole cost and consistent with County requirements for special events, LICENSEE shall be required to provide portable lavatories and dumpsters, on the Property during the event and remove said portables and lavatories following the event. 17. At its sole cost and consistent with County requirements for special events, the LICENSEE shall be responsible for contracting bona-fide security or police protections for crowd and/or traffic control in sufficient numbers to protect the health welfare and safety of the public attending the event. LICENSEE shall be solely responsible for obtaining and compensating personnel to handle all parking requirements. Parking requirements include personnel necessary for the maintenance of the adequate and acceptable flow of traffic entering and leaving the event, If LICENSEE fails to provide such personnel and County staff, agents, employees or workers must be used to handle traffic congestion issues; LICENSEE shall reimburse Collier County for such costs. Public and all vehicular parking shall be delineated on a map/diagram attached to this Agreement as Exhibit "A." Personnel shall be utilized by LICENSEE to ensure that all parking at the event is conducted according to the attached Exhibit "A." 18. This Agreement is governed and construed in accordance with the laws of the State of Florida. This License shall not be construed for or against a party because that party wrote it. Any action or proceeding arising from this License IN WITNESS WHEREOF, the parties hereto have made and executed this Limited Use License Agreement as of the day and year first above written. AS TO THE LICENSEE: THE IMMOKALEE CHAMBER OF COMMERCE, INC. ` �-r�-Lel►© By: C Witness (signature) D lel Go fales,?resi 410 r e. la Am Pro (print name) Witness (signatur )vjt '�t t vw, a1,1 (print name) 4 16G 2 AS TO THE AUTHORITY: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA, IN ITS CAPACITY AS THE COLLIER COUNTY . AI• 'ORT AUTHORITY B `—� r - B By: L�� Y• Attest as to Chairman's ' ')'pu�'?Ork Chairman Donna Fiala, District 1 Commissioner signature only, ,+. 1. Approved as to form and legality: ‘ C,1( ...A _ , -,2_,..---. Jennifer A. Belpedioa` Assistant County Atto ' • q, ``D• 5 0 16G 2 _ . I Sicatt • w 4. - ► Perking ti mormi \1•.. Ares 5 WSk4—f 775 olir 535 Fiee 'M f k 16G 2 ! Exhibit B Insurance and Bonding Requirements-Airport Facility Leases ❑ Aviation Tenant ® Non-Aviation Tenant insurance/Bond Type Required Limits 1. ®Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements 2. ❑ Employer's Liability $ single limit per occurrence 3. ®Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $ 1.000,000 single limit per occurrence, $2,000,000 aggregate for Bodily ISO form Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability 4. ® Indemnification To the maximum extent permitted by Florida law, the Lessee 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, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Lessee or anyone employed or utilized by the Lessee 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. 4. 0 Automobile Liability $ Each Occurrence;Bodily Injury&Property Damage, Owned/Non-owned/Hired;Automobile Included 5. ❑ Other Insurance as ❑Airport Liability Insurance $ Per Occurrence noted: bodily injury and property damage ❑ Hangarkeepers Liability $ Per Occurrence per aircraft including premise liability ❑Aircraft Liability Insurance $ Per Occurrence bodily injury and property damage ❑ Pollution Liability Insurance $ Per Occurrence bodily injury and property damage ❑ Property Insurance—Replacement Cost-All Risks of Loss 6. ® Lessee shall ensure that all sub-lessees comply with the same insurance requirements that he is required to meet. The same Lessee shall provide County with certificates of insurance meeting the required insurance provisions. 7. ® Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial General Liability where required 8. ® The Certificate Holder shall be named as Collier County Board of County Commissioners,OR, Board of County Commissioners in Collier County,OR Collier County Government,OR Collier County.The Certificates of Insurance must state the name of the Lease and location of the leased property. 9. ® Thirty(30)Days Cancellation Notice required. Immokalee Chamber of Commerce Event-April 22-24,2016 Page 1 16G Z , • Lessee's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five(5)days of the award of this Lease agreement. 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