Agenda 04/23/2013 Item #16D 84/23/2013 16.D.8.
EXECUTIVE SUMMARY
Recommendation to approve two (2) standard Collier County Parks and Recreation facility rental
agreements to be used as form agreements and authorize the County Manager or his designee to
enter into these agreements.
OBJECTIVE: To provide patrons of park facility rentals proper terms and conditions through a standard
rental agreement.
CONSIDERATIONS: The Parks and Recreation Department (Department) provides facilities for
various purposes at a rental fee. The Department has historically reserved approximately 2,500 rentals a
year generating revenue to subsidize expenses. Fees are governed by the Board - approved Fee Policy No.
2013 -29.
Governmental as well as private non - profit entities may rent park facilities such as meeting rooms,
shelters (picnic areas), beaches and athletic fields throughout Collier County. These facilities are
generally utilized for conferences, meetings, birthday parties, athletic programs and corporate events
among others.
The rental agreement provides a method to convey the conditions of the rental and holds the County
harmless of any liability under the terms agreed upon by both parties. Two separate rental agreements are
required as the liability clauses for governmental agencies are different from those that apply to private
and private non - profit entities.
FISCAL IMPACT: The fiscal impact will depend on the demand for rental agreements; however, the
estimated annual revenue in the amount of $260,000 has been budgeted in General Fund (001), MSTD
General Fund (111) and Golden Gate Community Center Fund (130).
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from this
action.
LEGAL CONSIDERATIONS: Staff has been using the attached forms for a number of years. The fees
are based on the Board approved Fee Policy. After review, the County Attorney's Office recommended
that the forms be specifically approved by the Board and that with this Executive Summary, the Board
delegates its approval and signature authority to the County Manager or his designee, as ministerial. This
item has been reviewed by the County Attorney's Office, requires majority vote, and is legally sufficient
for Board action. - CMG
RECOMMENDATION: That the Board of County Commissioners approve two (2) standard Collier
County Parks and Recreation facility rental agreements to be used as form agreements and authorize the
County Manager or his designee to enter into these agreements.
Prepared by: Natali Betancur, Operations Analyst, Parks and Recreation Department
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4/23/2013 16.D.8.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.8.
Item Summary: Recommendation to approve two (2) standard Collier County Parks and
Recreation facility rental agreements to be used as form agreements and authorize the County
Manager or his designee to enter into these agreements.
Meeting Date: 4/23/2013
Prepared By
Name: BetancurNatali
Title: Operations Analys, Parks & Rec -NCRP Admin
4/10/2013 1:39:42 PM
Submitted by
Title: Director - Parks & Recreation,Parks & Recreation
Name: WilliamsBarry
4/10/2013 1:39:44 PM
Approved By
Name: AlonsoHailey
Title: Operations Analyst, Public Service Division
Date: 4/11/2013 8:43:21 AM
Name: CarnellSteve
Title: Director - Purchasing/General Services,Purchasing
Date: 4/15/2013 1:12:49 PM
Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 4/16/2013 2:43:01 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 4/16/2013 4:02:51 PM
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Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 4/16/2013 4:03:23 PM
Name: OchsLeo
Title: County Manager
Date: 4/17/2013 9:34:50 AM
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4/23/2013 16.D.8.
Rental Contract / Permit
Printed: 10 Apr 2013, 04:34 PM
User class
Contract #: User:
Date: Status:
Collier County Parks & Recreation, 15000 Livingston Road, Naples, FL 34109 hereby grants (Entity Name) (hereinafter called
the "Licensee ") represented by (Entity Representative), permission to use the Facilities as outlined, subject to the Terms and
Conditions of this Agreement contained herein and attached hereto all of which form part of this Agreement.
i) Purpose of Use Cat l - Tax 1 -29 people
Birthday Party
it) Conditions of Use
iii) Date(s) and Time(s) of Use # of Bookings: 1 Starting: Sun 10 Mar 13 01:30 PM Expected: 0
Ending: Sun 10 Mar 13 04:30 PM
Faciilty/Equipment Day Start Date Start Time End Date End Time Fee XFee Tax Total
MHCP - Max Hasse Sun 10 Mar 2013 01:30 PM 10 Mar 2013 04:30 PM $30.00 $0.00 $1.80 $31.80
Community Park - Pavilion
iv) Additional Fees
v) Payment Method
Rental Fees Extra Fees Tax Rental Total Damage Deposit Total Applied Balance Current
$30.00 $0.00 $1.80 $31.80 $0.00 $31.80 $0.00 $0.00
Balance of rental due and payable immediately.
Payment Type Reference Amount Date Receipt Number
VISA Rental $31.80 27 Feb 2013 1611765
vi) Other Information
vii) Additional Notes
Pavilion - MHCP - Max Hasse Community Park
Page: 1
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4/23/2013 16.D.8.
Printed: 10 Apr 2013, 04:34 PM Rental Contract! Permit
User: class
Contract M User:
Date: Status:
The Undersigned has read and on behalf of the Licensee agrees to be bound by this Permit/License and the Terms and
Conditions contained herein and attached hereto, and herby warrants and represents that he /she executes this
Permit/License on behalf of the Licensee and has sufficient power, authority and capacity to bind the Licensee with his /her
signature.
The Licensee agrees to indemnify and hold harmless Collier County, the Parks and Recreation Department and any
employee of Collier County against any and all claims by or on behalf of any person or legal entity arising from the
Applicant's use of premises and /or participation in this program, and will further indemnify and hold harmless the County,
its Departments and Employees against performance of any agreements arising from any act of negligence of the
Applicant, or any of the Applicant's agents, contractors, employees, or licensees, and from and against all costs, attomey's
fees, expenses, and liabilities incurred in or about any claim or proceeding brought thereon, all to the extent of the County's
liability under general law. The County's liability is subject to the limits of Florida Statute 788.25. The County Parks and
Recreation Department reserves the right to deny registration, and to charge fees where applicable. The Applicant must
adhere to all County Ordinances, and Parks and Recreation Rules and Regulations. All aspects of the above apply
equally to field trips.
X:
{Entity Representative}
X:
Name:
Title:
Collier County Parks & Recreation
Date: Date:
A
2roved as to form & legal sufficiency Page: 2
J
Colleen Greene, �y
Packet Page - 1333 - Assistant County Attorney
fi1�rr. temnerrsx� ,Xfircrr»��
4/23/2013 16.D.8.
Rental Contract ! Permit - for Government Agencies
Contract #: User:
Date: Status:
Collier County Parks & Recreation, 15000 Livingston Rd, Naples, FL 34102 hereby grants (Entity Name) (hereby called
the "Licensee ") represented by (Entity Representative), permission to use teh Facilities as outlined, subject to the
Terms an Conditions of this Agreement contained herein and attached hereto all of which form part of this Agreement.
1) Purpose of use (Event Name}
19 Conditions of Use
BI) Date(s) and iime(s) of Use
# of Bookings: l
Starting: Thu 21 Mar 13 08:00 AM
Expected: 160
Ending: Thu 21 Mar 13 05 :00 PM
Facility/Equipment
Day
start Date
start Time End Date End Time Fee
XFee Tax Total
NCRP - North Collier
Thu
21 Mar 2013
08 :00 AM 21 Mar 2013 05:00 PM $4.00
$0.00 $0.00 $0.00
Exhibit Hall - Room A
iv) Additional Fees
v) Payment Method
Rental Fees
Extra Fees
Tax
Rental Total Damage Deposit Total Applied
Balance Current
$0.00
$0.00
$0.00
$0.00 $0.00 $0.00
$0.00 $000
Balance
of rental due and payable immediately.
A) Other information
vii) Additional Notes
Room A - NCRP - North Collier Exhibit Hall
The undersigned has read and on behalf of the License agrees to be bound by this Permit/License and the Terms
and Conditions contained herein and attached hereto, and hereby warrants and represents that he /she executes this
Permit/License on behalf of the Licensee and has sufficient power, authority and capacity to bind the Licensee with
his /her signature.
Each party shall be liable for its own actions and negligence and, to the extent permitted by law, the (Entity Titlel
shall indemnify, defend and hold harmless Collier County against any actions, claims or damages arising out of
(,Entity Titlel's negligence in connection with this Agreement, and Collier County shall indemnify, defend and hold
harmless the fEntity Title} against any actions, claims, or damages arising out of Collier County's 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.
Page: 1
0
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4/23/2013 16.D.8.
Printed: 04 Apr 2013, 12:11 PM Rental Contract / Permit - for Government Agencies
User. petersshen
Contract #: User: .. ..,_ ,
Date:
Status:
{Entity Representative} Name:
f Entity Name}
(Entity Address} Title:
Collier County Parks & Recreation
Date: Date:
raved as to form & legal sufficiency
Colleen Greene,
assistant County Attorney
Page: 2
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