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Agenda 04/12/2016 Item #16D 6 4/12/2016 16.D.6. EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to execute an Agreement with the Collier County School District to provide for the utilization of three mobile bleachers to be used for the US Open Pickleball Tournament at East Naples Community Park. OBJECTIVE: To provide bleachers for residents and visitors to watch the U.S. Open Pickleball tournament. CONSIDERATIONS: On April 14,2015,the Board approved a three year hosting agreement with Spirit Promotions to hold the 2016-18 US Open Pickleball Championships at East Naples Community Park (Agenda Item 16F4). This weeklong event is projected to attract more than one thousand participants, spectators, and overnight visitors and will be nationally televised by CBS Sports. The County committed to providing bleachers to the Pickleball event promoters. While the park is constructed with some bleachers to allow for spectators to watch the action, more elevated bleacher seating is needed. The Collier County School District has three sets of mobile bleachers that they have indicated would be available for use for this tournament. Attached is an Agreement that allows for the Collier County Parks and Recreation Division to utilize the bleachers for this purpose. FISCAL IMPACT: There is no fiscal impact associated with this action GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires majority vote for approval.—CMG RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to execute an Agreement with the Collier County School District to the use the bleachers for the U.S. Pickleball Championships. Prepared By: Barry Williams,Director,Parks and Recreation Division Attachment: Agreement Packet Page -1226- 4/12/2016 16.D.6. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.6. Item Summary: Recommendation to approve and authorize the Chairman to execute an Agreement with the Collier County School District to provide for the utilization of three mobile bleachers to be used for the US Open Pickleball Tournament at East Naples Community Park. Meeting Date: 4/12/2016 Prepared By Name: BetancurNatali Title: Operations Analyst,Parks &Recreation 3/14/2016 3:00:41 PM Submitted by Title: Division Director-Parks &Recreation,Parks &Recreation Name: WilliamsBarry 3/14/2016 3:00:43 PM Approved By Name: BetancurNatali Title: Operations Analyst,Parks&Recreation Date: 3/15/2016 2:27:00 PM Name: WilliamsBarry Title: Division Director-Parks&Recreation,Parks &Recreation Date: 3/17/2016 4:44:06 PM Name: TownsendAmanda Title: Division Director-Operations Support,Public Services Department Date: 3/18/2016 8:45:17 AM Name: GreeneColleen Title:Assistant County Attorney,CAO General Services Date: 3/25/2016 1:54:45 PM Packet Page -1227- 4/12/2016 16.D.6. Name: CarnellSteve Title: Department Head-Public Services,Public Services Department Date: 3/25/2016 2:02:14 PM Name: KlatzkowJeff Title: County Attorney, Date: 3/28/2016 10:47:11 AM Name: FinnEd Title:Management/Budget Analyst, Senior, Office of Management&Budget Date:4/1/2016 8:59:09 AM Name: CasalanguidaNick Title:Deputy County Manager, County Managers Office Date:4/2/2016 1:57:52 PM Packet Page-1228- 4/12/2016 16.D.6. EQUIPMENT USE AGREEMENT NOW COME the District School Board of Collier County("the District")and the Collier County Board of County Commissioners ("the BOCC") and hereby enter into this Equipment Use Agreement ("the Agreement") on this day of April, 2016, in accordance with the terms and conditions set forth below. RECITALS WHEREAS, the District and the BOCC have entered into multiple agreements for the benefit of their educational programs;and WHEREAS, the District desires to assist the BOCC by providing equipment to it in the form of bleachers for one of the BOCC's sporting events are more fully set forth below; NOW,THEREFORE,the District and the BOCC agree to the following: 1. The District will provide the BOCC with three(3)sets of bleachers("the bleachers")to use at its pickleball tournament to be held at East Naples Community Park from April 26, 2016- May 1, 2016. 2. Each set of bleachers holds approximately 250 people. 3. The District will deliver and install the bleachers at its expense on Friday,April 20,2016,two days prior to the above noted event. The delivery will occur based upon the field location jointly approved by the District and the BOCC. The field location will be determined and jointly approved three days prior to April 20,2016. 4. The District will take down and remove the bleachers at its expense on Monday, May 2, 2016. 5. The District will not charge the BOCC for the usage of the bleachers. 6. From the time of installation on April 20, 2016 to the time of removal on May 2, 2016, the BOCC shall be responsible for the due care of the bleachers. 7. The BOCC will reimburse the District for the cost of any harm to the bleachers while they are on site,after installation and prior to removal. 8. Each party shall be liable for its own actions and negligence and, to the extent permitted by law, Collier County shall indemnify, defend and hold harmless Collier County School District against any actions, claims or damages arising out of Collier County's negligence in connection with this Agreement, and Collier County School District shall indemnify, defend and hold harmless Collier County against any actions, claims, or damages arising out of Collier County School District negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party's negligent, willful or intentional acts or omissions. 0 Packet Page-1229- 4/12/2016 16.D.6. 9. At the time of the installation, the parties, through their respective employees, shall meet to inspect the bleachers to ensure that they are in good and proper condition or use for the event and validate the same. District School Board of Collier County Collier County Board of County Commissioners By: By: Donna Fiala,Chairman Its: Its: Date: Date: ({l \81 Approved as to form and legality Assistant County Attorney ATTEST: EST: DWIGHT E. BROCK, Clerk ley° I Packet Page -1230-