Agenda 10/11/2016 Item #16F6 Proposed Agenda Changes
Board of County Commissioners Meeting
October 11,2016
Continue Item 16B4 to the October 25,2016 BCC Meetin2: Recommendation to approve Change Order#4
to extend Contract 13-6012 with RWA Consultants,Inc.,for an additional 552 days;increase the contract
amount by$70,650.00;and authorize the Chairman to execute the Change Order to permit the completion of
the Thomasson Drive/Hamilton Harbor Streetscape Design Project in order to promote safer vehicular and
pedestrian traffic movement. (Staffs request)
Move Item 16D6 to Item 11E: Recommendation to approve thirteen sub-recipient agreements for projects
previously approved in the FY 2016-17 Action Plan for the Community Development Block Grant,HOME,
and Emergency Solutions Grant Programs. (Commissioner Taylor's request)
Move Item 16D9 to Item 11F: Recommendation to approve the rebranding of the Collier Area Transit
(CAT)logo to be used on all printed and digital media materials in order to ensure the success of Collier Area
Transit's brand identity. (Commissioner Taylor's request)
Continue Item 16F6 to the October 25, 2016 BCC Meetin2:
Recommendation to approve Amendment # 1 to Tourism
Category "B" Contract # 16-7008 between Collier County and Spirit
Promotions for reimbursement of the operating expenses for the
2017 US Open Pickleball Championships in the amount of$60,000
and make a finding that these expenditures promotes tourism.
(Staff's request)
Deny Item 16J5 until such time as the Clerk certifies that the payables presented in this report have been pre-
audited as previously specified by the Board: To provide to the Board a "Payables Report" for the period
ending October 5,2016 pursuant to the Board's request.(Staff's request)
Time Certain Items:
Item 10B to be heard immediately following Item 5A
Item 11C to be heard immediately following Item 10B
Items 9A,9B and 9C to be heard immediately following Item 11C
Note:
Items 16E5 and 16E6: Ex Parte disclosure is not required for these items. (County Attorney's request)
Item 16F1: The following is added to clarify and complete the public record related to this action:
The Code of Laws(Ch 74—Impact Fees)provides that impact fees that are overpaid may be reimbursed
within 4 years of payment. The impact fees related to this request were paid more than 4 years ago; however
this development is built out and there is no future development for which to apply the overpayment. Impact
fees cannot be charged in excess of the demand created. Therefore,in this case,a reimbursement is due and
the Board authorizes an exception to current regulations. (Staff's request)
16.F.6
10/11/2016
EXECUTIVE SUMMARY
Recommendation to approve Amendment # 1 to Tourism Category "B" Contract # 16-7008
between Collier County and Spirit Promotions for reimbursement of the operating expenses for the
2017 US Open Pickleball Championships in the amount of$60,000 and make a finding that these
expenditures promotes tourism.
OBJECTIVE: To approve Contract Amendment # 1 to correct line item amounts in the projected
operating expenses for reimbursement for the 2017 US Open Pickleball Championship event.
CONSIDERATIONS: The US Open Pickleball Championships will take place in Collier County at East
Naples Community Park from April 23 - 30, 2017. This will be year two of a multi-year contractual
commitment with Collier County to bring the US Open Championships to our community. The multi-year
hosting commitment is a separate agreement with Spirit Promotions,Inc.,the event organizer.
This contract will cover the following event operating expenses that Spirit Promotions will incur in
support of the 2017 US Open Pickleball Championships. Each year the event is hosted in Collier County
the operating expenses will be negotiated. This amendment does not change the original dollar amount of
the contract. The amendment eliminates promotional items and adds the services of EMTs and
professional trainers.
Type of Expense Projected Cost
Trailer Restrooms Rental $8,000
Portable Showers $10,000
Portable Generators/Flooring $10,000
Misting Tents $5,000
Traffic Control Officers $5,000
Portable Bleacher Rental $7,000
Emergency Medical Techs(EMT) $5,000
Offsite Parking Rental $5,000
Certified Athletic&Personal Trainers $5,000
TOTAL PROJECTED EXPENSES $60,000
The US Open Pickleball Championship organizers anticipate in excess of 1,000 participants with an
additional 10,000 spectators over the course of the six day event, resulting in direct visitor spending of
approximately$1.25 million dollars to Collier County.
FISCAL IMPACT: Funds in the amount of$60,000 are available in the FY 17 Tourism Division budget
in Promotion Fund 184 for these event operating expenses.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to
this action.
ADVISORY BOARD RECOMMENDATION: The Tourist Development Council recommended
unanimous approval of the original contract 8-0 at the August 22,2016 meeting.
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 Tourism Category "B"
funding for Contract # 16-7008 between Collier County and Spirit Promotions for reimbursing the
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16.F.6
10/11/2016
operating expenses for the 2017 US Open Pickleball Championships in the amount of$60,000 and make
a finding that these expenditures promotes tourism.
Prepared by: Jack Wert,Tourism Division Director
ATTACHMENT(S)
1.Pickleball Agreement 16-7008 (PDF)
2.Amendment 1 to Agreement 16-7008 (PDF)
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16.F.6
10/11/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.6
Item Summary: Amendment to US Open Pickleball Operating Expense Agreement
Meeting Date: 10/11/2016
Prepared by:
Title: Tourist Development Tax Coordinator—Tourism
Name: Kelly Green
09/30/2016 11:01 AM
Submitted by:
Title: Division Director-Tourism—Tourism
Name: Jack Wert
09/30/2016 11:01 AM
Approved By:
Review:
Tourism Jack Wert Additional Reviewer Completed 09/30/2016 12:50 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 09/30/2016 3:34 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 09/30/2016 5:10 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/03/2016 9:12 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 10/03/2016 3:51 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/03/2016 10:41 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/11/2016 9:00 AM
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16.F.6.a
2017 U.S. OPEN Pickleball Championships
Event Operational Expenses Agreement#16-7008
Overview:
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US OPEN Pickleball Championships ("US OPEN") has chosen Collier County to host the 2017
through 2021 US OPEN Pickleball Championships at the East Naples Community Park in Collier
County, Florida.
This Agreement between Board of County Commissioners, Collier County Florida ("Host" or•
"Collier County") on behalf of the Naples, Marco Island, Everglades Convention and Visitors
Bureau (CVB) having a mailing address of 2660 N. Horseshoe Drive#105, Naples, FL, 34104 and
Spirit Promotions ("Vendor" or "US OPEN") having a mailing address of 1325 Glengary Court,
Wheeling, IL 60090. .�
1. US OPEN Agrees to Provide: a
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• All appropriate event administration staff; o
• 7 year commitment to bring the US OPEN PICKLEBALL CHAMPIONSHIPS to Collier
County, Florida;
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• Required liquor licenses to allow US OPEN the ability to sell alcohol beverages at the
event.
2. Collier County Agrees to Provide:
East Naples Community Park Pickleball courts and other park amenities as reasonably co
necessary for the event through prior arrangement with Collier County Parks and Recreation o
and Tourism Divisions at a cost not to exceed $10,000 to be paid by Collier County and provide r
additional US OPEN event needs including but not limited to the following:
• Year round promotion on Collier County Convention and Visitors Bureau sports marketing
website, Facebook, and Twitter channels;
• Assistance with hotel logistics including gathering of rates and banquet needs;
• Assistance with local volunteers in coordination with US OPEN leadership;
• Concessions Operations if needed by prior arrangement with Collier County staff;
• Assistance with Public Relations and Media Outreach;
• Discounts to local attractions and restaurants;
• Administrative assistance with obtaining necessary permits including liquor license;
• On site visitor information table to assist with local attractions and suggestions for out of
town visitors;
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16.F.6.a
3. Expenses:
The following expenses will be paid to the supplying vendors by US OPEN and then invoiced at
actual cost with no mark-up to Collier County for reimbursement accompanied by all receipts,
vendor invoices and payment verification information. US OPEN will be reimbursed by Collier
County upon receipt of a proper invoice and upon approval by the County's Project Manager
and/or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the
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"Local Government Prompt Payment Act." The annual expenses are listed in Exhibit A, attached
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4. General Terms:
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4.1 Term: Both parties agree that the term of this Agreement will commence upon approval of
the Board of County Commission, and shall remain in effect through September 30, 2017. The a
parties may renew this Agreement each year through September 30, 2021, contingent upon the
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parties negotiating each year the operating expenses in Exhibit A. Collier County shall give the
US Open written notice of the Collier County's intention to renew the Agreement term prior to the
end of the Agreement term then in effect. This Agreement shall not contain automatic renewals. Q
This Agreement may be amended only by written agreement of both parties with the same
formalities as herein expressed. It is further understood and agreed by and between the o
parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
4.2 Termination: Either party may terminate the Agreement for cause at any time upon
thirty (30) days written notice to the other party for that party's failure to cure a material
breach hereunder within fourteen (14) days of receiving written notice of such breach. Material
breach by US OPEN includes, but is not limited to, US Open's failure to carry out the terms in o
this agreement.
Either party may terminate the Agreement for convenience with a sixty (60) day written
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notice. The removal of any Equipment belonging or leased/rented to the US OPEN will be
the sole responsibility of US OPEN and shall occur prior to the expiration of sixty (60)
days after notice is rendered. CO
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4.3 Insurance: US OPEN shall at all times during the Agreement maintain insurance
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coverage at amounts that are commercially reasonable, including at least Comprehensive
General Liability at $1,000,000. Collier County and its affiliates shall be named as an
additional insured on all such policies of insurance and Company shall provide proof of a
insurance upon at least 7 days prior to the start of the US Open event or at Collier County's
request.
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16.F.6.a
4.4 Tax exemption: Collier County, Florida as a political subdivision of the State of Florida, is
exempt from the payment of Florida sales tax to its Contractors/ConsultantsNendors under
Chapter 212, Florida Statutes, Certificate of Exemption#85-8015966531 C-1.
4.5 Indemnification:
A. To the maximum extent permitted by Florida Law, Vendor shall indemnify and hold
harmless the Host, its officers and employees from any and all liabilities, damages, losses, x
and costs, including, but not limited to, reasonable attorneys' fee and paralegals' fee to the
extent caused by the negligence, recklessness, or intentionally wrongful conduct of Vendor in T.
the performance of this Agreement. This indemnification obligation shall not be construed to 0
negate, abridge or reduce any other rights or remedies which otherwise may be available
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to an indemnified party or person described in this paragraph. This section does not pertain to
any incident arising from the sole negligence of the Host. The foregoing indemnification shall
not constitute a waiver of sovereign immunity beyond limits set forth in section 768.28, cn
Florida Statutes.
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B. The duty to defend under this Section is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Vendor,
Host 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 Vendor. Vendor's
obligation to indemnify and defend under this Section will survive the expiration or earlier
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termination of this Agreement until it is determined by final judgment that an action against o
the Host or an indemnified party for the matter indemnified hereunder is fully and finally barred
by the applicable statute of limitations.
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4. 6 Compliance with Laws. By executing and entering into this Agreement, the Contractor E
is formally acknowledging without exception or stipulation that it agrees to comply, at its own
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expense with all federal, state and local laws, codes statutes, ordinances, rules, regulations and
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requirements applicable to this Agreement, including but not limited to those dealing with the
Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations
relating thereto, as either may be amended; taxation, workers' compensation, equal employment
and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and
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the Florida Public Records Law Chapter 119, including specifically those contractual
requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows:
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16.F.6.a
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
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The Contractor must specifically comply with the Florida Public Records Law to: x
1. Keep and maintain public records required by the public agency to perform the service. a'
2. Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or copied within 0
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a reasonable time at a cost that does not exceed the cost provided in this chapter or as
otherwise provided by law.
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3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the 0
contract term and following completion of the contract if the Contractor does not transfer the
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records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required by the
public agency to perform the service. If the Contractor transfers all public records to the public
agency upon completion of the contract, the Contractor shall destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the contract, the Contractor r"-
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shall meet all applicable requirements for retaining public records. All records stored
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electronically must be provided to the public agency, upon request from the public agency's
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custodian of public records, in a format that is compatible with the information technology
systems of the public agency.
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4.8 Entire Agreement: This Agreement sets out the entire agreement between Collier
County and US OPEN with respect to the subject matter contained herein. It supersedes all
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prior agreements, proposals, arrangements and communications, whether written or oral, with
respect to the subject matter hereof. In the event of any conflict between a provision of the
Agreement and a provision of an invoice, the provisions of this Agreement will prevail. No
modification or waiver of this Agreement or any of the provisions hereof will bind either party
unless an authorized agent of each party agrees in writing to the modification waiver.
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16.F.6.a
IN WITNESS HEREOF, the parties execute this Agreement as of the date first written above.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
Dwight E. Brock, Clerk of Courts
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By: By:
Dated: Donna Fiala, Chairman N
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Sairit Promotions
Vendor
First Witness:
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By: Signature
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Print Name and Title a
Print Name and Title
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Second Witness:
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By:
Print Name and Title
Approved as to Form and Legality:
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Colleen M. Greene
Assistant County Attorney
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16.F.6.a
EXHIBIT A
Type of Expense Projected.Cost For 2017
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Trailer Restrooms Rental $8,000
Portable Showers $10,000
Portable Generators/Flooring $2,000 c
Misting Tents $5,000
Traffic Control Officers $5,000
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Portable Bleacher Rental $10,000
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Participant Promotional Items $10,000 0
Offsite Parking Rental $5,000
TOTAL PROJECTED EXPENSES $60,000
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I6.F.6.b
EXHIBIT A Contract Amendment# 1
2017 U.S. Open Pickleball Championships
Event Operational Expenses Agreement#16-7008
This amendment, dated this day of October, 2016 to the referenced agreement shall be by and
between the parties to the original Agreement, Collier County,Florida, ("Host" or"Collier County")and
Spirit Promotions("Vendor"or"US Open"). a)
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Statement of Understanding m
Re: "2017 U.S.Open Pickleball Championships Event Operational Expenses Agreement#16-7008" x
WHEREAS, the Board of County Commissioners with a recommendation from the Tourist c'
Development Council approved the Contract with Spirit Promotions for Operational Expenses for the a
2017 U.S.Pickleball Championships on September 13,2016; and a
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WHEREAS, Spirit Promotions has requested an amendment to reflect changes to Exhibit"A"for Q
Projected Expenses; and a)
WHEREAS, Amendment #1 does not change the original amount of the contract for $60,000; it
is a reallocation of the$60,000. a
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NOW, THEREFORE, based upon the mutual covenants and premises provided herein and other
valuable consideration, the Parties agree to amend the 2017 U.S. Open Pickleball Championships Event °
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Operational Expenses Agreement#16-7008. E'
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In order to continue the services provided for in the original Contract document referenced
above,the Parties agree to amend the above referenced Contract as provided herein:
Words underlined have been added. Words struck through have been deleted. o
Exhibit A is deleted in its entirety and replaced with the following table of expenses: o
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Type of Expense Projected Cost ca
Trailer Restrooms Rental $8,000 a
Portable Showers $10,000
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Portable Generators/Flboring $10,000
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Misting Tents $5,000
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Traffic Control Officers. $5,000
Portable Bleacher Rental $7;000
Emergency Medical Techs(EMT) $5,000
Offsite Parking Rental $5,000
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Certified Athletic&Personal Trainers $5,000
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TOTAL PROJECTED',EXPENSES S60,000
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1 6.F.6.b
All other terms and conditions of the agreement shall remain in force.
IN WITNESS WHEREOF,the Contractor and the County have each,respectively,by an authorized
person or agent,hereunder set their hands and seals on the date(s)indicated below. a)
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Accepted: ,2016
ATTEST: OWNER: a
DWIGHT BROCK,Clerk
BOARD OF COUNTY
COMMISSIONERS o
OF COLLIER COUNTY,FLORIDA
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By: By: ra
DONNA FIALA,Chairman a'
Approved as to form and legality:
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olleen M. Greene
Assistant County Attorney
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(16-TDC-00099/1291298/1l EXHIBIT A Contract Amendment#1
2017 D.S.Open Pickleball Championships
Event Operational Expenses Agreement#16-7008 i
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