Backup Documents 05/22/2018 Item #16D3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 D 3
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
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. County Attorney Office County Attorney
5/a al ig
2. BCC Office Board of County A5
Commissioners ' `J 3. Minutes Minutes and Records Clerk of Court's Office
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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 Michael Dowling Phone Number 8743
Contact/ Department
Agenda Date Item was May 22,2018 Agenda Item Number 16 D 3 _
Approved by the BCC i�
Type of Document Interlocal Lease Agreement with the Number of Original 2 /
Attached District School Board of Collier County Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whir Yes N/A(Not
appropriate. itial) Applicable)
1. Does the document require the chairman's original signature? 5jw,,,,, p a Very N/A
2. Does the document need to be sent to another agency for additi al signatures'? If yes N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be �W� R
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 N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MD
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
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 5-22-2018 ,and all changes MD 111 1Ck4
made during the meeting have been incorporated in the attached document. The # t „
County Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the t,
BCC, all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature. "
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• ,, • Memorandum
r F O R
NA
To: Minutes and Records
Clerk to the Board
From: Michael Dowling'
Senior Property Management Specialist
Real Property Management
Date: May 22, 2018
Subject: Interlocal Lease Agreement with District School Board of Collier
County
BCC: May 22, 2018
Item: 16 D 3
Please retain one original and provide me with one original for the School
District.
Please contact me at extension 8743 with any questions.
Thank you and best regards,
Michael
ion 3
MEMORANDUM
Date: May 23, 2018
To: Michael Dowling, Property Acquisition Specialist
Facilities Management Department
From: Martha Vergara, Sr. Deputy Clerk
Boards Minutes & Records Department
Re: Interlocal Lease Agreement between Collier County Board of
County Commissioners
District School Board of Collier County (Immokalee High School)
Attached is one (1) original agreement as referenced above (Item #16D3),
approved by the Board of County Commissioners on Tuesday, May 22, 2018.
The Minutes & Records Department has kept an original agreement for the
Board's Official Records.
If you have any questions, please contact me at 252-7240.
Thank you.
Attachment
1 6 D 3
INTERLOCAL LEASE AGREEMENT
IMMOKALEE HIGH SCHOOL
This Interlocal Lease Agreement ("Agreement"), entered into this Z 2//day of May,
2018, by and between The Board of County Commissioners, Collier County, Florida a political
subdivision of the State of Florida, ("County") and The District School Board of Collier County,
Florida("District"), together the "Parties."
For good and valuable consideration, the receipt of which is hereby acknowledged, the
Parties hereby agree and contract as follows:
1. LEASED PREMISES. The County shall lease to the District certain property
owned by the County and located adjacent to Immokalee High School, in Collier County,
Florida, including two athletic sports fields, and which are depicted on Exhibit "A" (the"Leased
Premises") and incorporated herein by reference..
2. TERM. The County agrees to lease to the District and the District agrees to lease
from County the Leased Premises for a period of twenty-five (25) years. The Parties recognize
that they are providing needed athletic facilities to the District for school sports programs and
that the Parties may desire to extend or renegotiate this Agreement at its expiration.
3. CONSIDERATION. The County agrees to allow District to utilize the Leased
Premises without charge in return for ten dollars ($10.00) and other good and valuable
consideration the receipt of which is hereby acknowledged. The Parties acknowledge that this
Agreement is a renegotiation of that certain Interlocal Lease Agreement, dated July 25, 2006 (the
"2006 Interlocal Lease Agreement").
4. MAINTENANCE. The District shall be responsible for the maintenance of the
Leased Premises. The District shall also be responsible for the dragging and lining of the
baseball and softball fields, as required for use by the District. The District agrees to provide
general clean-up, trash removal, restroom and concession cleaning for all facilities in the Leased
Premises used by the District. The County agrees to share equally in the future routine
maintenance costs of the capital improvements located on the Leased Premises, including, but
not limited to, the concession building, softball and baseball fields, scoreboard, lighting, dugouts,
fencing, sod and protective netting.
5. USE. The District shall have use of the Leased Premises for softball and baseball
practice and games scheduled by the District for Immokalee High School sports teams. The
County acknowledges and agrees that the District is a governmental entity and is allowed to
charge for admission to the Leased Premises for District games, programs, events and activities.
It is understood by the Parties that the Leased Premises shall remain open and accessible to the
general public when not in use by the District, however, any such public use must be scheduled
with (and approved by) the County Parks & Recreation Department. The public shall only be
allowed to use the Leased Premises for events and activities that are consistent with the design
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16D 3
and purpose of the facilities located on the Leased Premises, as determined by the County in its
sole and absolute discretion. The Parties shall keep the Leased Premises locked and secured and
prohibit all non-scheduled use of the Leased Premises. The District shall be given access
through all gates necessary to use the Leased Premises in accordance with the terms of this
Agreement. The District shall be solely responsible for repairing any damages to the Leased
Premises resulting from its use.
6. SUPERVISION. The District agrees to provide adequate personnel to supervise
District activities, events, practices and games that take place at the Leased Premises.
7. CAPITAL IMPROVEMENTS. Generally, it is agreed that the District may make
capital improvements and install additional equipment to improve existing facilities on the
Leased Premises, subject to prior review and written approval by the County Parks & Recreation
Department. Specifically, the Parties agree to renovate, modify and improve the existing
baseball/softball fields currently located on the Leased Premises (the "Project") in accordance
with the letter proposal, dated December 21, 2017, from Owen-Ames—Kimball (the
"Contractor") which is attached as Exhibit "B" and incorporated herein by reference. The
District shall be responsible for and shall have sole control over all aspects of managing the
Contractor and the Project. The total cost for the Project shall be Two Hundred Fifty Thousand
Seventy Four and 52/100 Dollars ($250,074.52) and such cost shall be shared between the
Parties, with the County contributing a total cost sharing of$75,000.00 upon completion of the
Project. The District shall be solely responsible for paying for the balance of the Project cost.
8. INDEMNIFICATION. To the extent provided by law, each Party agrees to hold
harmless, indemnify and defend the other Party including its agents, officers, directors and
employees for any and all claims, losses, penalties, demands,judgments, costs of suits, including
attorney's fees, for any expense, damage or liability incurred, whether for personal injury,
property damage, direct or consequential damages, or economic loss arising directly or indirectly
on the count or in connection with the use of the Leased Premises under the terms of this
Agreement, except for such damage or Iiability which is caused by the negligence of the other
Party. This indemnification shall not be deemed a waiver of any limitation of liability to which
either Party may be entitled under Florida Statutes.
9. TERMINATION. It is understood and agreed that the District or County may at
any time terminate this Agreement by giving six (6) months advance written notice to the other
Party.
10, EFFECT ON OTHER AGREEMENTS. This Agreement is not intended to
replace or otherwise modify any agreements entered into by the Parties, except that this
Agreement, upon execution by both Parties, shall terminate, replace and supersede the 2006
Interlocal Lease Agreement, as defined in Section 3.
11. ARBITRATION. In the event that the Parties' disagree regarding the
interpretation of this Agreement, or the fulfillment of obligations required hereunder, either party
may request an appeal to the Superintendent, or County Manager, as applicable. Should the
problem not be resolved to the mutual satisfaction of either party, it shall be submitted at the
request of either Party to binding arbitration in front of a three person panel according to the rules
of the American Arbitration Association.
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• 12. ASSIGNABILITY. The Parties shall not assign any interest in this Agreement
without the prior written consent of the other, which shall not be unreasonably withheld.
13. AMENDMENT. This Agreement embodies the entire Agreement between the
Parties and may not be modified unless in writing, executed by both Parties.
14. CHOICE OF LAW. This Agreement shall be construed in accordance with the
laws of the State of Florida. It is recognized that all Parties here to have contributed substantially
and materially to the negotiations and preparation of this Agreement, and that the Agreement
shall not be construed more harshly against one Party by virtue of its preparation.
15. SEVERABILITY. In the event that any provision of this Agreement is held to be
illegal, invalid or unenforceable under present or future laws, such provision shall be fully
severable. This Agreement shall be construed and enforced as if such illegal or enforceable
provision had never compromised a part of this Agreement, and the remaining provisions of this
Agreement shall remain in full force and effect.
16. EFFECTIVE DATE. The Effective Date of this Agreement shall be the date of the
last signature as set forth below.
17. NOTICE. All notice is required to be made pursuant to this contract shall be made
in writing and either hand delivered or delivered by overnight courier or e-mail transmission, or
sent by registered or certified mail, return receipt requested, and addressed to the following:
District School Board of Collier County, c/o Superintendent, 5775 Osceola Trail,Naples, Florida
34109; Collier County, do County Manager, 3301 East Tamiami Trail, Administrative Building,
Naples, Florida, 34112.
18. INSURANCE. It is stipulated by the Parties that each shall have the rights,
liabilities, and duties as provided by law. The Parties shall each obtain and maintain insurance
coverage in minimum amounts and types required by Florida law, although a party may be self-
insured.
elfinsured.
19. BINDING ON THE PARTIES. Each Party hereby represents and warrants to the
other that the execution of this Agreement and any other documents required or necessary to be
executed pursuant to the provisions hereof are valid, binding obligations and are enforceable in
accordance with their terms. This Agreement may be executed in counterparts by the Parties.
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•
IN WITNESS WHEREOF,the Parties have executed this Agreement.
DISTRICT SCHOOL BAORD OF COLLIER
COUNTY, FLORIDA
Attest: /'
Kam la Patton, Sup-rintendent
By: ` 1‘..- Y-----Z:r________
Approved :A \A ' , ill Roy ;. Perry
Jon Fit bane, District General Counsel
- BOARD OF COUNTY COMMISSIONERS
COLLIER CO , TY, FLORIDA.
Attest:' --,-)/ P ' • 'Art�l /
1 Wight Brock;Cou• 11-x
Attest as to l;I1d 'uatt s ."% •
signature only. By: % .-,, n--
Approved as to form& legality Andy Solis, Chairman
Jenni er Belpedio, istant County Attorney
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y y EXHIBIT B
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•
Owen-Ames-Kimball Company 11941 Fairway Lakes Drive,•Fort Myers,Florida 33913-8338 Voice 239-561-4141* Fax 239-561-1996
December 21,2017 • •
' I
Fai Chan
Director of Project Management '
The District School Board of Collier County •
5775 Osceola Trail •
Naples,FL 34109
•
RE: Baseball Field Modifications—hnmokalee High School
•
Dear Fai:
We are pleased to offer.proposal for baseball field modifications,for the cost of the work plus 5.5%fee,not to . •
exceed TWO HUNDRED FIFTY THOUSAND SEVENTY FOUR DOLLARS AND FIFTY TWO CENTS
($250,074.52). .
Per Davidson memorandum and drawings dated 7/31/17 ' •
SCOPE OF WORT{ •
• Remove existing 40' of 8'high chain link fence,screen and safety top cap and reinstall after work is •
completed . •
• Approximately 1,600 If of silt fence
• Import fill and compact in place approximately 4,400 cy
• • Replace sod on baseball field where work was completed approximately 3,805 sy •
:. Site grading rough and final approximately 3,805 sy • . .
. ` -Excavation and hauling approximately 4,400 cy •
• ' Sod/inigation repairs . - •
. •Curb'and sidewalk repairs outside of field -
• . `Cleanup •
• Supervision
•
SCHEDULE
➢ Summer 2018
•
•
Sincerely yours, -
•
Wen ` Biougiw
Ellen 3.Bisogno
Sr.Project Manager