Agenda 02/09/2016 Item #16F 1 2/9/2016 16.F.1.
/'■ EXECUTIVE SUMMARY
Recommendation to approve Amendment # 1 to Contract # 15-6439 Hosting Agreement between
Collier County and Spirit Promotions,LLC; promoter for the US Open Pickleball Championships,
for access to County Park property to provide a stadium court for the Championship tournament
and accept the donation of the upgraded court.
OBJECTIVE: Grant access to Spirit Promotions, LLC and its contractor to provide a stadium court the.
US Open Championship.
CONSIDERATIONS: Collier County will host the US Open Pickleball Championships in April 2016.
Pursuant to the terms of the Hosting Agreement,the promoters of the event are to provide a stadium court
for the finals of the US Open Pickleball Championship. This work requires granting access to the
promoter's contractor to resurface the court and add bleachers to the site. Amendment# 1 to Contract#
15-6439 grants that access and includes acceptance of the donation of the upgraded court.
FISCAL IMPACT: The construction of a stadium court is at the sole expense of Spirit Promotions,
LLC. The County will assume normal maintenance and full ownership of the stadium court after
completion.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
ADVISORY BOARD RECOMMENDATION: The Tourist Development Council recommended
approval of this item 6-0 at the January 25,2016 meeting.
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LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires
majority vote for approval.—CMG
RECOMMENDATION: Recommendation to approve Amendment# 1 to Contract# 15-6439 between
Collier County and the Spirit Promotions,LLC,promoter for the US Open Pickleball Championships,for
access to County Park property to provide a stadium court for the Championship tournament and accept
the donation of the upgraded court.
Prepared by: Jack Wert,Tourism Director
Attachments:
(1) Amendment# 1 to Contract# 15-6349
(2) Exhibit A-Stadium and Court Map
(3) Exhibit B—Insurance and Bonding
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.F.16.F.1.
Item Summary: Recommendation to approve Amendment# 1 to Contract# 15-6439
Hosting Agreement between Collier County and Spirit Promotions, LLC; promoter for the US
Open Pickleball Championships, for access to County Park property to provide a stadium court
for the Championship tournament and accept the donation of the upgraded court.
Meeting Date: 2/9/2016
Prepared By
Name: GreenKelly
Title: Tourist Development Tax Coordinator,Tourism Division
1/26/2016 2:38:42 PM
Submitted by
Title: Division Director-Tourism,Tourism Division
Name: Wert Jack
1/26/2016 2:38:44 PM
Approved By
Name: Wert Jack
Title: Division Director-Tourism,Tourism Division
Date: 1/26/2016 2:53:30 PM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 1/26/2016 4:52:15 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 1/29/2016 3:12:35 PM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 2/2/2016 1:53:31 PM
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Name: CasalanguidaNick
Title: Deputy County Manager,County Managers Office
Date: 2/3/2016 12:11:04 PM
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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 , 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
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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]
OVD
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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
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claimed breach of this Agreement by Contractor, any statutory or regulatory
[04-CMG-00002/1233506/1]
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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 (1) 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-00002/1233506/11 3
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3. Termination: This Amendment may be terminated by either party with ten days written
notice to the other.
All other terms and conditions of the Hosting Agreement shall remain in force.
IN WITNESS WHEREOF,the parties have each, respectively,by an authorized person or
agent,have executed this Amendment on the date(s) indicated below.
Accepted: , 2016
Dwight E. Brock,Clerk OWNER:
BOARD OF COUNTY COMMISSIONERS
BY: OF COLLIER COUNTY, FLORIDA
Contractor's First Witness: By:
DONNA FIALA, Chairwoman
By:
Signature CONTRACTOR:
SPIRIT PROMOTIONS
Print Name
By:
Contractor's Second Witness: Signature
13y: Print Name and Title
Signature
Print Name
Approved as to Form and Legality:
Colleen M. Greene
Assistant County Attorney
[04-CMG-00002/1233506/1] 4 (o \
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Exhibit B
Collier County Florida
Insurance and Bonding Requirements
Insurance/Bond Type Required Limits
1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal
Compensation Government Statutory Limits and Requirements
2. ® Employer's Liability $1,000,000 single limit per occurrence
3. ® Commercial General Bodily Injury and Property Damage
Liability(Occurrence
Form) patterned after the $1,000,000 per occurrence, $2,000,000 aggregate for Bodily Injury
current ISO form 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
ContractorNendor/Consultant 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
ContractorNendor/Consultant or anyone employed or utilized by the
ContractorNendor/Consultant 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. ®Automobile Liability $1000,000 Each Occurrence; Bodily Injury& Property Damage,
Owned/Non-owned/Hired; Automobile Included
5. ❑ Other insurance as El Watercraft $ Per
noted: Occurrence
❑ United States Longshoreman's and Harborworker's Act coverage shall
be maintained where applicable to the completion of the work.
$ Per
Occurrence
❑ Maritime Coverage(Jones Act)shall be maintained where applicable
to the completion of the work.
$ Per
Occurrence
❑Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the
Services under this Agreement.
$ Per
Occurrence
❑ Pollution $ Per
Occurrence
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❑ Professional Liability $ per claim
and in the aggregate
• $1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
❑ Project Professional Liability $ Per
Occurrence
❑ Valuable Papers Insurance $ Per
Occurrence
❑ Employee Dishonesty/Crime $ Per
Occurrence
Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss
Payee endorsement naming Collier County.
6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds,
cashiers' check or an irrevocable letter of credit, a cash bond posted with
the County Clerk, or proposal bond in a sum equal to 5% of the cost
proposal. All checks shall be made payable to the Collier County Board of
County Commissioners on a bank or trust company located in the State
of Florida and insured by the Federal Deposit Insurance Corporation.
7. ❑ Performance and For projects in excess of$200,000, bonds shall be submitted with the
Payment Bonds executed contract by Proposers receiving award, and written for 100% of
the Contract award amount, the cost borne by the Proposer receiving an
�-� award. The Performance and Payment Bonds shall be underwritten by a
surety authorized to do business in the State of Florida and otherwise
acceptable to Owner; provided, however, the surety shall be rated as"A-"
or better as to general policy holders rating and Class V or higher rating
as to financial size category and the amount required shall not exceed
5% of the reported policy holders' surplus, all as reported in the most
current Best Key Rating Guide, published by A.M. Best Company, Inc. of
75 Fulton Street, New York, New York 10038.
8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Vendor shall provide County with certificates of
insurance meeting the required insurance provisions.
9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate
for Commercial General Liability where required.
10. ® 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 Contract Number, or Project
Number, or specific Project description, or must read: For any and all work performed on
behalf of Collier County.
11. ® Thirty(30) Days Cancellation Notice required.
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