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Agenda 01/14/2020 Item #16D1 (Resolution - Pickleball Fees)Proposed Agenda Changes Board of County Commissioners Meeting January 14, 2020 Move Item 16C3 to Item 11F: Recommendation to offer residents grant funded, curbside bear- resistant solid waste containers, as defined in the adopted BearWise ordinance, at a subsidized cost with deployment provided by Waste Management, Inc., of Florida through a Memorandum of Understanding. (Commissioner Saunders’ request) Move Item 16D1 to Item 11G: Recommendation to adopt a Resolution repealing all previous resolutions to increase Pickleball membership fees and to establish a fee for non- residents in the Collier County Parks and Recreation Division Facilities and Outdoor Areas License and Fee Policy. (Commissioner Solis’ request) Continue Item 16E3 to the February 25, 2020 BCC Meeting: Recommendation to approve a Certificate of Public Convenience and Necessity for non-emergency inter-facility Basic Life Support (BLS) ambulance transports to Care Med Transportation, LLC, for the purpose of providing post- hospital and inter-facility medical ambulance transfer services. (Staff’s request) Withdraw Item 16E5: Recommendation to award Invitation to Bid #19-7652, Gillig Bus Parts, to Gillig, LLC, for the supply of Original Equipment Manufacturer (“OEM”) and non-OEM parts to maintain and repair the County’s bus fleet. (Staff’s request) Note: Item 16C4: Recommendation to surplus County-owned property located at 343 Saint Andrews Boulevard, advertise the property for sale pursuant to the provisions outlined in Section 125.35(1)(c), Florida Statutes, and set a minimum bid of $126,583 $111,500. 1/14/2020 8:24 AM 01/14/2020 EXECUTIVE SUMMARY Recommendation to adopt a Resolution repealing all previous resolutions to increase Pickleball membership fees and to establish a fee for non-residents in the Collier County Parks and Recreation Division Facilities and Outdoor Areas License and Fee Policy. OBJECTIVE: To distribute the user fee cost-share for Pickleball memberships more appropriately among County residents and non-residents. CONSIDERATIONS: Pickleball Enterprises provides a year-round Pickleball Academy as well as three major tournaments per year at East Naples Community Park (ENCP) through a 5 -year concessionaire agreement dated October 24, 2017. The ENCP agreement was recently amended on October 22, 2019 extending the agreement 5 years. Pickleball Enterprises was also awarded a 5-year concessionaire agreement for Veterans Community Park Pickleball dated November 13, 2018. In accordance with section 2.B.c. of the ENCP agreement, the concessionaire has requested fee adjustments to bring Pickleball rates in line with local market rates. The Parks and Recreation Director has reviewed and approved the proposed rates subject to the required Board approval of the amended rate resolution. The Collier County Parks and Recreation Division has operated under a Board-approved Fee Policy for several years. As operational changes occur, staff periodically reviews and proposes updates to the policy. Staff is requesting to repeal the existing Parks and Recreation Division Facilities and Outdoor Areas License and Fee Policy and to establish an updated schedule to provide for changes and additions within the policy. Changes to the fee structure are as follows: The recommendation to increase the annual pickleball membership fee for Collier County residents age 22 and older from $50 to $100, establish dual park Collier County resident membership rate of $125; establish Non-Collier County resident rates for one park of $150, and dual park rate of $200; and to establish a $7 drop-in play rate. An annual pass for players under 21 is $10. Exhibit A, section L. Enclosed BMX, Skate and Pickleball Amenities: Pickleball Annual Membership for Age 21 and under $10 Pickleball Annual Membership for Age 22 and older $50 Annual Membership for Pickleball Courts: Pickleball Membership for Age 21 and under $10.00 Collier Residents One park: $100.00 Two parks: $125.00 Non-residents One park: $150.00 Two parks: $200.00 Daily drop-in rate (both residents and non-residents) $7.00 Increased fees for Non-Collier County residents are based on the current number of individuals identified who are using Collier County facilities but reside outside of Collier County. Currently, the availability of Pickleball in Collier County for residents is limited due to the overwhelming demand. Facilities are maintained from the general fund and offset by user fees. The additional fees paid by non -Collier County residents help to provide for a more equitable user cost share to maintain the facility. In addition, see below illustration of surrounding area Pickleball fees: 16.D.1 Packet Pg. 1407 01/14/2020 Location Monthly Costs to participate Annual Costs to participate Collier County Parks and Recreation (proposed rate increase) $8.33 $16.67 $100-Collier County residents $200- Non-Collier County residents Greater Naples YMCA $20 $240 Bonita YMCA $25 $300 Marco YMCA $12.70 per hour * 20 hours per month = $254 $3,048 FISCAL IMPACT: The majority of the Parks and Recreation fees remain the same. The weighted average increase in membership fees is 137%. The proposed Drop-in fee is new. The increase in Pickleball fees is estimated to result in a gross revenue increase of $140,875 with an increase of $19,370 in the County concession commission. GROWTH MANAGEMENT IMPACT: No Growth Management Impact is associated with this action. ADVISORY BOARD RECOMMENDATION: The Parks and Recreation Advisory Board recommended approval of the proposed Pickleball fees at their November 21, 2019 meeting. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. - CMG 16.D.1 Packet Pg. 1408 01/14/2020 RECOMMENDATION: To adopt the proposed Resolution repealing all previous resolutions to increase Pickleball membership fees and to establish a fee for non-residents in the Collier County Parks and Recreation Division Facilities and Outdoor Areas License and Fee Policy. Prepared By: Matthew Catoe, Operations Analyst, Parks and Recreation Division ATTACHMENT(S) 1. (linked) Resolution - Pickleball Fees (PDF) 2. (linked) 17-7152 ENCP - PickleballEnterprises_Contract (PDF) 3. (linked) 18-7351 VTCP - PickleballEnterprises_Contract (PDF) 16.D.1 Packet Pg. 1409 01/14/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.1 Doc ID: 10976 Item Summary: Recommendation to adopt a Resolution repealing all previous resolutions to increase Pickleball membership fees and to establish a fee for non-residents in the Collier County Parks and Recreation Division Facilities and Outdoor Areas License and Fee Policy. Meeting Date: 01/14/2020 Prepared by: Title: Operations Analyst – Parks & Recreation Name: Matthew Catoe 11/22/2019 2:22 PM Submitted by: Title: Division Director - Parks & Recreation – Parks & Recreation Name: Barry Williams 11/22/2019 2:22 PM Approved By: Review: Parks & Recreation Ilonka Washburn Additional Reviewer Completed 11/22/2019 3:10 PM Parks & Recreation Barry Williams Additional Reviewer Completed 11/22/2019 3:42 PM Public Services Department Kimberley Grant Level 1 Reviewer Completed 11/22/2019 4:57 PM Public Services Department Todd Henry Level 1 Division Reviewer Completed 11/25/2019 9:14 AM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 11/25/2019 9:51 AM County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 11/26/2019 1:40 PM Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 11/26/2019 1:44 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/26/2019 4:21 PM Budget and Management Office Ed Finn Additional Reviewer Completed 12/27/2019 5:25 PM County Manager's Office Sean Callahan Level 4 County Manager Review Completed 01/06/2020 9:11 AM Board of County Commissioners MaryJo Brock Meeting Pending 01/14/2020 9:00 AM 16.D.1 Packet Pg. 1410 RESOLUTION NO. 2019 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SUPERSEDING RESOLUTIONS NO. 2018-135, 2018-44, 2016-245, NO. 2008-26, AND ALL OTHER RESOLUTIONS ESTABLISHING LICENSE AND FEE POLICIES, IN ORDER TO UPDATE FEES FOR PICKLEBALL FOR COLLIER RESIDENTS AND TO INCLUDE A NON -COLLIER RESIDENT RATE. WHEREAS, the Collier County Parks and Recreation Division Facilities and Outdoor Areas License and Fee Policy ("Fee Policy") is currently set forth in Resolution No. 2018-135, adopted by the Board of County Commissioners (Board) on July 10, 2018; and WHEREAS, the Board desires to amend its Fee Policy with this Resolution to update Pickleball Court fees for Collier County residents and to establish fees for non -Collier County residents and to stay competitive with neighboring counties; and WHEREAS, on November 21, 2019, the Parks and Recreation Advisory Board reviewed and made a recommendation to approve the updated fees included in this Resolution; and WHEREAS, the Board approves and accepts the above recommendations. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY THAT: I. PURPOSE The purpose of these policies is to ensure appropriate and maximum use of facilities, outdoor areas and programs in Collier County, to include Conservation Collier Preserve Lands, and provide equitable fees and charges collected from users of such facilities, outdoor areas, programs, and Preserve Lands. II. LIMITATIONS The Parks and Recreation Director, or his designee, may waive enforcement or application of any of these regulations or restrictions with respect to any facility, outdoor areas, or program, or with respect to any Preserve Lands, provided such waiver does not harm the natural resources or interfere with public safety or enjoyment. No fees may be waived. The Board of County Commissioners shall set fees and charges for all facilities and programs. Fees for County - sponsored special events shall be set by the Board prior to the event. Those fees not identified in the fee policy are approved by the Board of County Commissioners through the budgeting process (the division will identify those fees each year as they are created and applied to the budget). Consistent with Collier County's policy of ensuring all citizens equal opportunity to participate in programs, any resident requesting special consideration must substantiate to the Parks and Recreation Director proof of financial need for child care programs. All information provided is not confidential but will be used only for the purpose of establishing reduced or waived program fees. Rates and charges can be modified on a case-by-case basis if approved by the Parks and Recreation Director for special promotional sales, and advertisements, contractors working on [04-PKR-01113/1510275/2] 1 park property, volunteer organizations participating in Keep Collier Beautiful, Bay Days, and related clean-up events, visiting investigators conducting research on park property, and schools, colleges and universities participating in field based education programs that provide a valid public purpose or stimulate increased utilization of programs. III. LICENSE AND FEE POLICIES. a. The County Parks and Recreation Division Facilities and Outdoor Areas License and Fee Policy is hereby re-established as set forth in Exhibit A to this Resolution. b. The Conservation Collier Preserve Lands License and Fee Policy is set forth in Exhibit B to this Resolution. C. The Golden Gate Community Center Fees are set forth in Exhibit C to this Resolution. IV. EFFECTIVE DATE. This Resolution shall become effective upon adoption. BE IT FURTHER RESOLVED that this Resolution replaces and supersedes Resolution No. 2018-135, No. 2018-44, No. 2016-245, Resolution No. 2008-26 all in their entirety. THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same, this day of , 2019. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA Lo , Deputy Clerk Approved as to form and legality: Colleen M. Greene Assistant County Attorney [04-PKR-01113/ 1510275/21 WILLIAM L. MCDANIEL, JR., CHAIRMAN 2 EXHIBIT A Collier County Parks and Recreation Division Facilities and Outdoor Areas License and Fee Policy I. CLASSIFICATIONS A. Facility License Definitions and Uses 1. Outdoor Areas: Open space or land owned or leased by the Parks and Recreation Division. Such outdoor areas shall include, but not limited to, sports fields, playgrounds, swimming pools and/or other park and recreation areas, excluding Golden Gate Community Center. (As to Golden Gate Community Center, refer to Section Q, herein). Outdoor areas shall be used for those purposes designated or implicit in their character. Any deviation from normal appropriate use shall require express prior permission from the Parks and Recreation Director or designee. 2. Facilities: Buildings and dwellings owned or leased by the Parks and Recreation Division. Such facilities include, but are not restricted to, community center areas and rooms, gymnasiums, pavilions, shelters, and other areas located in the Parks and Recreation structures, excluding the Golden Gate Community Center. (As to Golden Gate Community Center, refer to Section Q, herein). Facilities shall be used for those purposes designated or implicit in their character. Any deviation from these intended normal uses shall require express prior permission from the Parks and Recreation Director, or designee. 3. Programs: Recreation activities conducted on land or in facilities owned or leased by Collier County. Such activities include, but are not restricted to: athletic, clinic, instructional and interpretative seminars for preschool, youth, adult, senior and special populations. Any deviation from these intended normal uses shall require express permission from the Parks and Recreation Director, or designee. 4. Vehicle Parking Fees: Parking lots at Collier County beach parks and accesses, to include, but not limited to, the following: Tigertail Beach, Barefoot Beach Access, Barefoot Beach Preserve, Clam Pass Park, Conner Park, Vanderbilt Beach, North Gulf Shore Access, and South Marco Beach Access. 5. Boat Launch Fees: Ramp use at Collier County owned and operated boat launch facilities to include, but not limited to, Port of the Isles Marina, Goodland Boating Park, Bayview Park, Cocohatchee River Park, Caxambas Park, and Collier Boulevard Boating Park. [04-PKR-01113/1510275/2] 3 6. Boat Dock Fees: Dock fees for recreational and commercial vessels at all Collier County owned and operated marinas whether operated directly by the County or through a County Concessionaire Agreement with a vendor. B. User Categories — Applicable to all indoor and outdoor areas Governmental entities are not subject to fees. All other facility users shall have fees determined by the category of the entity. Note: All parks shall remain open to the public. The two categories are: 1. Category I — Federal Income Tax Exempt Entities, Registered Charities, Not -for -Profit Groups. a. Federal Income Tax Exempt Entities Groups that are exempt from taxation under any subsection of Section 501(c) of the Internal Revenue Code. The following civic associations will not be subject to fees for their one general membership meeting per month: East Naples Civic Association, Golden Gate Estates Civic Association, Golden Gate Civic Association, Immokalee Civic Association, and Second District Association. b. Specified Sales Tax Exempt Entities Those entities that are exempt from Florida sales taxes pursuant to Subsection 212.08 (7), Florida Statutes such as a home for the aged, nursing home, hospice, or an organization whose primary purpose is to provide special educational, cultural, recreational, or social benefits to minors, or is a religious, charitable, scientific, educational, or veterans' organization. C. Local Not -for -Profit Groups or Non -Profit Groups Entities, irrespective of tax exempt status, which are not-for-profit corporations, organizations or other not-for-profit entities that are of Collier County origin, have their principal location in Collier County, and of which fifty per cent (50%) of the group's membership are residents of Collier County, with a primary purpose to provide social services to others or to protect interests outside of the group, such as the environment, endangered animals, disadvantaged persons, or some other similar external interest. The primary focus of these groups is outward looking and away from the personal interests of the group's members. d. Other Local Not -for -Profit Groups [04-PKR-01113/1510275/2] 4 Those entities, irrespective of tax exempt status, which are not-for-profit corporations, organizations or other not-for-profit entities that are of Collier County origin, have their principal location in Collier County, and of which fifty per cent (50%) of the group's membership are residents of Collier County, but the group's primary purpose is not to provide social services to individuals who are not bona fide members of the group or is not to protect interests outside of the group. This category includes property owners' associations, political groups, and all other special interest oriented teams or clubs such as hobbyists' clubs, chess clubs, radio clubs, hunters and fishermen clubs, stamp, coin, and other collectors' clubs; garden clubs, car clubs, and all other similar clubs, groups or organizations. The primary focus of these groups is inward toward the group's members. 2. Category I I —All Others Each individual, group, organization or entity that is not within Category I. II. FEE STRUCTURE - (All fees are exclusive of sales taxes unless otherwise noted). A. Category I User Fees Facility Rates (excluding league play and special facilities; i.e., swimming pool, etc.) Facility Type Rate Per Hour (Unless otherwise indicated Security Deposit Indoor Room under 1,500 sq ft $10.00 $50.00 Indoor Room 1,501 - 3,000 sq ft $15.00 $100.00 Indoor Room 3,001 sq ft & over $20.00 $100.00 Gymnasium $30.00 $100.00 Small Pavilion $10.00 $25.00 Large Pavilion $20.00 $25.00 NCRP Indoor Room under 1,500 sq ft $15.00 $50.00 NCRP Indoor Room 1,501-3,000 sq ft $25.00 $100.00 NCRP Indoor Room 3,001 sq ft & over $50.00 $100.00 NCRP Gymnasium(per court $30.00 $100.00 Su den Amphitheater $30.00 $60.00 Open Space 100 x 100 $10.00 n/a Athletic Facilities for General Use (i.e. Special Events, Picnics, Carnivals, etc. $20.00 $80.00 Athletic Facilities for Athletic Use (Football/Soccer, Soft/Baseball, Little League, Sports Pavilion, Roller Hockey) $15.00 n/a Basketball/Rac uetballNolle ball/Tennis Courts $5.00 n/a [04-PKR-01 113/1510275/2] Outdoor Lighting $10.00 n/a Indoor Room under 1,500 sq ft Per event/Dail $50.00 Su den Regional Park for a Countywide Event $800 per da $200.00 Immokalee Airport Park for a County wide Event $500.00 per $200.00 Gymnasium da $100.00 1. Rental fees do not include setup and break down of facility. An additional $20.00 per hour per staff person charge will apply should you require this service. 2. If a security deposit was collected; it will be refunded in full if the facility is returned in the condition in which it was received. B. Category II User Fees 1. Facility Rates (excluding special facilities; i.e., swimming pool, etc.) Facility Type Rate Per Hour (Unless otherwise indicated Security Deposit Indoor Room under 1,500 sq ft $25.00 $50.00 Indoor Room 1,501 - 3,000 sq ft $45.00 $100.00 Indoor Room 3,001 sq ft & over $60.00 $100.00 Gymnasium $60.00 $100.00 NCRP Indoor Room under 1,500 sq ft $40.00 $50.00 NCRP Indoor Room 1,501-3,000 sq ft $80.00 $100.00 NCRP Indoor Room 3,001 sq ft & over $125.00 $100.00 NCRP Gymnasium(per court $60.00 $100.00 Small Pavilion $10.00 $25.00 Large Pavilion $20.00 $25.00 Su den Amphitheater $60.00 $60.00 Su den Open Space $60.00 n/a Open Space 100 x 100 $20.00 n/a Athletic Facilities for General Use (i.e. Special Events, Picnics, Carnivals, etc. $30.00 $80.00 Athletic Facilities for Athletic Use (Football/Soccer, Soft/Baseball, Little League, Sports Pavilion, Roller Hockey) $25.00 n/a Basketball/RacquetballNolleyball/Tennis Courts $12.00 n/a Outdoor Lighting $10.00 per night n/a Sugden Regional Park for a Countywide Event $1,200 perday $200.00 Immokalee Airport Park for a Countywide event $1,000 perday $200.00 [04-PKR-01113/1510275/21 6 Beach Wedding $100.00 n/a 2. Rental fees do not include setup and break down of facility. An additional $20.00 per hour per staff person charge will apply should you require this service. 3. The security deposit will be refunded in full if the facility is returned in the condition in which it was received. C. Additional Fees: Categories I and II Service Additional Fee Per Hour Rental during non -business hours $20.00 (hours that are not normal divisional operation) Additional staff members $20.00 per hour per staff member needed as determined by division Special requests or additional Per hour fee determined by clean up required division, based on cost D. Beach Parking Facilities Fees; Boat Launch Facilities Fees; Boat Dock Fees 1. Beach Parking Facilities Fees a. Beach parking facilities, including and not limited to; Barefoot Beach Preserve, Barefoot Beach Access, Clam Pass Park, Conner Park, North Gulf Shore Access, Tigertail Beach, South Marco Beach Access, Vanderbilt Beach have a parking fee, inclusive of sales tax, at a rate of $8.00 per day. Collier County residents may obtain a beach parking permit at no charge. Permits will be valid for one year. Vehicles with permits will be exempt from daily parking fees at all beach parking facilities. This permit will be permanently affixed on the bottom, inside, driver's side of the windshield. b. Commercial entities and organizations operating excursion or shuttle services, delivering equipment or off-site non -contracted (exclusive) beach amenities, may purchase commercial beach parking permits for $1500 annually, which shall be valid for one year from the date purchased. In the alternative, the same commercial entity or organization may pay a daily fee of two times the per vehicle day fee. Commercial beach parking permits may be purchased at designated Collier County Park locations. 2. Boat Launch Facilities Fees a. Boat launch facilities, including and not limited to, Caxambas Park, Cocohatchee River Park, Collier Boulevard Boating Park, Port of the [04-PRR-01113/1510275/21 7 E 19 islands, Goodland Boat Park, Isles of Capri Paddlecraft park and Bayview Park, shall have a launch fee, inclusive of sales tax, at a rate of $8.00 per launch per day for motorized vessels and $4.00 per launch per day for non - motorized vessels. The annual fee for boat launch facilities will be $100 and $50 for non -motorized vessels. b. Overnight parking may be permitted at the following marina locations: (1) Port of the Isles Marina, and (2) Collier Boulevard Boat Ramp. The overnight parking fee is $10.00 per night. The boat launch fee is $8.00 per vessel per launch. A permit is required. Overnight permits for designated marina locations may be acquired at designated Collier Park locations. C. Annual Commercial Launch Permits are required for any commercial activity conducted at all Collier County Boat Launch Facilities. Commercial Launch Permits must be purchased at designated Collier Park locations for a cost of $100.00 per tow vehicle. Additionally, permit holders will be required to pay the applicable daily launch fee per vessel, per launch for motorized and non -motorized vessels directly involved in commercial activity. All commercial permits expire December 31St regardless of date of purchase. 3. Boat Dock Fees Recreational and commercial boat dock fees range from $10.00 to $13.00 per foot monthly. The amount is determined based on location at Marina. Each Marina maintains a map with designated parking location identified. Concession Fees 1. For each concession booth/location in conjunction with rental or event (except for NCRP) a $20.00 fee per day or 20% of gross revenues per day, whichever is greater, for each concession booth or location. 2. Concessionaires contracted by the County to serve the general public will pay a negotiated fee in lieu of the general facility use fee schedule. 3. Organizations operating concessions for Collier County co-sponsored leagues will be charged $5.00 per hour of operation. Special Events (Annual) 1. Snow Fest 2. Christmas Around the World 3. Ski Party $2.00 per person (3 and under — free) $1.00 per person (3 and under —free) $400.00 (3 hours) The Division may allow for parking/gate fees associated with outdoor/indoor events. Fees may be negotiated per event based on event needs. [04-PKR-01113/1510275/21 8 M 1' Vendor Fees Definition: A special event vendor is defined as a vendor who sets up a 10' x 10' booth or occupies a specific 10' x 10' area at a special event, such as, but not limited to, a festival or concert for the purposes of selling goods and services at that special event. Fee Schedule Matrix Estimated Attendance Single Day Vendor Fee Under 300 $20.00/hr. 301 to 500 $25.00/hr. 501 to 1000 $30.00/hr. 1001 to 5000 $40.00/hr. Over 5000 $50.00/hr. Instructional Fees Programs Fee Assessment: per hour or per participant basis. Paddleboard Lessons Three (3) one (1) hour sessions $60.00 One (1) hour private sessions $25.00 Special Needs Sailing Spring $15.00 Winter $15.00 Ranger Guided Canoe Trips $10.00/Person 2. Non -Staff Instructor(s): The County shall pay 65% to the non -staff instructor(s) and 35% to the County for all such instructional programs conducted on Collier County facilities. 3. The pro -ration for instructional programs conducted on non -county facilities shall be 70% to the non -staff instructor(s) and 30% to the County. Athletics 1. General Collier County Parks and Recreation Sports Leagues: Minimum registration fee per participant/per league session Adult $30.00 Youth $30.00 2. North Collier Regional Park Adult Softball League Minimum registration fee per team/per league session [04-PKR-01 113/1510275/2] 9 Fall and Spring Session: $730.00/team Session include certified umpires and fourteen (14) regular season games with one (1) playoff game. Summer Session: $450/team Session includes certified umpires and eight (8) regular season games with one (1) playoff game. 3. Collier County Parks and Recreation Co-sponsored Leagues Fees are applicable to Category I users only. League Type Minimum Registration fee per participant per league play Adult $30.00 Youth $1.00 (includes play-offs or per registered youth per week all-star play) 4. Clinics/Camps (Facility Rental): a. For clinics conducted on any County facility, 65% of the fees go to the group or individual(s) and 35% of the fees go to the County. b. For clinics conducted on any non -County facility, 70% of the fees to the group or individual(s) and 30% of the fees to the County. C. If the clinic is free of charge to participants, regular facility rental fees will apply. 5. Tournament Fees Fees will be determined on a tournament -by -tournament basis based on, but not limited to, the following criteria: direct operational costs, duration of tournament, staffing, merchandise sales, category status, sponsored or co- sponsored parking and food concessions. I. Collier County Racquet Centers: 1. Pelican Bay Community Park Tennis Facility Service Rate Court Fees $10.00 per person per 1'/2 hr Single Annual Membership $377.36 Couple Annual Membership $662.00 '/Z Hour Private Lesson $38.00 1 Hour Private Lesson $65.00 Round Robins $5.00 members $12.00 non-members [04-PKR-01113/1510275/2] 10 The above court fees and membership rates do not include sales tax. J. Collier County Aquatic Facilities Key to abbreviations: GGAC=Golden Gate Aquatic Complex, ISC=lmmokalee Sports Complex, SNF = Sun -N -Fun Lagoon, ELAC=Eagle Lakes Aquatic Center Fee for Non -Collier County public schools and colleges and universities during regular operating hours is $35.00 per hour unless superseded by separate agreement. Collier County Public Schools are fee exempt; however, they are required to pay $15.00 per hour per lifeguard or instructor, if not during regular operating hours. This fee exemption does not apply to the Sun -N -Fun Lagoon. 1. Entrance Fees (plus applicable sales tax) [04-PKR-01113/1510275/2] 3 3-17 years Adults (18+) Senior Discount Discounted 100% years old(Under (Over 48" (60+yrs) Rate for Service - and 48" for for Sun -N- Collier Connected under Sun -N- Fun only) County and/or Fun only) Veterans Permanent and Total Disability Rating ELAC Free $1.50 $2.00 $1.50 $1.00 FREE GGAC Free $1.50 $2.00 $1.50 $1.00 ISC Free $1.50 $2.00 $1.50 $1.00 FREE SNF Free $6.00 $13.00 $9.00 Show a $8.00 Florida Driver's License with a Collier County address and receive a $2.00 discount off the over 48" admission fee [04-PKR-01113/1510275/2] 2. Pass Fees (inclusive of sales tax) No corporate discounts on pool passes. Seasonal pass rates are for Collier County residents only. The Sun -N -Fun Lagoon is the only facility with an annual pass (family only) for out -of -County residents. ** Please check dates and hours of operation at facility. 3. Swimming Instructional Fees Type Under 48" Over 48" Senior Family ELAC 3 month $40.00 $60.00 $40.00 $100.00 GGAC 3 month $40.00 $60.00 $40.00 $100.00 ISC 3 month $40.00 $60.00 $40.00 $100.00 ELAC Seasonal" $55.00 $80.00 $55.00 $135.00 GGAC Seasonal" $55.00 $80.00 $55.00 $135.00 ISC Seasonal" $55.00 $80.00 $55.00 $135.00 SNF Seasonal" $85.00 $115.00 $85.00 $195.00 SNF (Non - Residents Seasonal" $232.00 No corporate discounts on pool passes. Seasonal pass rates are for Collier County residents only. The Sun -N -Fun Lagoon is the only facility with an annual pass (family only) for out -of -County residents. ** Please check dates and hours of operation at facility. 3. Swimming Instructional Fees 4. Pool Rentals GGAC, ISC & ELAC (exclusive of sales tax) Each pool includes one staff member. One pool $50.00 first hour Each additional hour $35.00 per hour Each additional pool $35.00 per hour per pool Additional staff $15.00 per hour per lifeguard 4. Sun -N -Fun Lagoon Fees Group/Facility Rental Fees User Rate Members of groups of 20 or more $4.25 plus tax daily fee who are less than 48 inches tall [04-PKR-01113/1510275/2] 12 GGAC ISC ELAC Children's 1/2 $40.00 per $10.00 per $40.00 per hour classes participant participant participant Children's % $45.00 per $15.00 per $45.00 per hour classes participant participant participant Adult % hour $45.00 per $15.00 per $45.00 per classes participant participant participant Private Lessons $15.00 per 1/2 n/a $2 5. 0 per hour 1 4. Pool Rentals GGAC, ISC & ELAC (exclusive of sales tax) Each pool includes one staff member. One pool $50.00 first hour Each additional hour $35.00 per hour Each additional pool $35.00 per hour per pool Additional staff $15.00 per hour per lifeguard 4. Sun -N -Fun Lagoon Fees Group/Facility Rental Fees User Rate Members of groups of 20 or more $4.25 plus tax daily fee who are less than 48 inches tall [04-PKR-01113/1510275/2] 12 Members of groups of 20 or more who 48 inches tall or taller $7.55 plus tax daily fee Entire Facility Rental $1500 per hour, 2 -hour GGCP Fitness minimum $1000 each ELCP Fitness additional hour MHCP Fitness includes staff Partial Facility Rental $200 per hour, per pool GGCP Pool (excluding lazy river) ISC Pool $300 for lazy river No exceptions are made to Collier County Aquatic Facility rates. K. Collier County Fitness Centers Key to abbreviations: ELCP=Eagle Lakes Community Park, GGCP=Golden Gate Community Park, ISC=lmmokalee Sports Complex, NCRP=North Collier Regional Park, MHCP=Max Hasse Community Park. 1. Fitness passes are available as follows: Facility Daily Fee NCRP Fitness $7 GGCP Fitness $7 ELCP Fitness $7 MHCP Fitness $7 ISC Fitness $5 GGCP Pool Above see J ISC Pool Above see J NCRP Lap Pool Above see J ELAC Above see J 2. Fees associated with the pass types above are as follows. Daily walk-in and membership fees are subject to 6% sales tax. 3. Organization Discount on Annual Passes (corporations and not-for-profit organizations are eligible to participate in this discount) [04-PKR-01113/1510275/2] 13 Fees Monthly $25 Annual $190 Spouse or Additional Family Member $100 Student (ages 13- 25, students ages 13 to 14 must be accompanied by an adult $ 100 3. Organization Discount on Annual Passes (corporations and not-for-profit organizations are eligible to participate in this discount) [04-PKR-01113/1510275/2] 13 L M Discount is based on employee/member participation, as follows: Employees 5-9 10-24 25 and above Discount 10% 20% 40% Discount does not apply to additional family members. Enclosed BMX, Skate, and Pickleball Amenities Skate Annual Membership for Age 21 and under $10 Skate Annual Membership for Age 22 and older $25 BMX Annual Membership for Age 21 and under $10 BMX Annual Membership for Age 22 and older $25 Annual Membership for Pickleball Courts: Pickleball Membership for Age 21 and under $10.00 Collier Residents One park: $100.00 Two parks: $125.00 Non-residents One park: $150.00 Two parks: $200.00 Daily drop-in rate (both residents and non-residents) $7.00 Collier County Summer Programs, After School Programs, and No School Programs 1. Summer Programs 9 -week session $600.00 (each additional child) $540.00 1 -week session $85.00 10% discount on each additional child from the same household after the first (does not include specialty camps). 2. After School Programs (each session below is equivalent to one semester) Full Session Elementary $25.00 per week Weekly Elementary $35.00 per week Full Session Middle $15.00 per week Weekly Middle $25.00 per week [04-PKR-01113/1510275/2] 14 Transportation cost per week is additional and will be based on the current transportation contract. 3. No School Programs 1 -day camp $ 17.00 1- week camp $85.00 4. Collier County Parks and Recreation Specialty Camps Additional specialty camp fees are competitive market prices based on hours and type of instruction. 5. Scholarship/Sliding Fee Scale If applicable, scholarships are available based on a sliding fee schedule for child care programs. Sliding Fee Scale rates are based on Federal Poverty Limit (FPL) guidelines. Proof of income is verified through wage statements, W -2's, etc. The following formula will be used: # of People in Household 60 % Scholarship 40 % Scholarship 20 % Scholarship (based on Tax Return)) (FPL 75% & j) (FPL 100% (FPL 150% ) N. Refund Policy a. Program Registrations Satisfaction Guarantee Policy -If you are not satisfied with a class or are unable to participate for any reason, please contact us immediately. Our policy is to provide a 100% credit or refund (your choice) to anyone who makes a WRITTEN request before the start of the second class. Requests received after the second class will entitle participants to a prorated refund. Prorated refunds will be based on the number of classes remaining at the time the written application for refund is made. This offer does not include adult sports leagues or supplies purchased for the class. A 10% transaction fee may be applied to refunds. b. Facility Rentals If you are not satisfied with a facility or inclement weather prohibits usage, a written request must be submitted within 48 hours. The division Director or designee will make a determination if the refund will be granted. A 10% transaction fee may be applied to refunds. [04-PKR-01 113/1510275/2] l 5 C J C. Point of Sale Refund If you are not satisfied with a facility or a service provided by the division, your request for a refund will be reviewed by the supervisor on duty. Current Finance Division refund policies will be followed. A 10% transaction fee may be applied to refunds. d. Balance on Account: Patrons have the option of leaving fund in the form of credit on their account to be applied to Collier County Parks and Recreation Division (CCPRD) services at a later date. Credit balances greater than $10 that remain inactive for longer than 12 months will be refunded to the main account holder at the address on file with the CCPRD. ii Credit balances of $10 or less that remain inactive for longer than 12 months will be donated to the CCPRD Scholarship Fund, as described in Paragraph R of this Fee Policy. Notice will be given to all patrons on their receipt of purchase that such balance of $10 or less will be deemed abandoned after 12 months of inactivity. Memorial Bench and Tree Donations 1. $2,000 Bench 2. $500 Tree Fines for Park and Beach Citations Chapter 89-440 Laws of F=lorida authorizes the Board of County Commissioners to designate employees of Collier County Parks and Recreation Division as Park Rangers. The Board of County Commissioners has granted Collier County Park Rangers with certain powers and duties, through Section 246-28 the Code of Laws and Ordinances. Chapter 97-347 (Special Act) as amended by Chapter 2006-337 further authorizing Park Rangers to write citations to appear before the Special Master. Code of Laws 130-66 130-67 (a) 246-28 (b)(11) 246-28 (b)(4) 246-28 (b)(12) 246-28 (b)(8) 246-28 (b)(13) 246-28 (b)(13) 246-28 (b)(13) Citation Type Citation Fee Parking Citation $30 Handicap Parking Citation $250 Littering $100 Intoxicating Beverages $75 Glass Containers $100 Fires $100 Sea Turtles — Structure on Beach no Interaction $250 Sea Turtles — Interruption of Nesting $500 Sea Turtles — Grievous Harm Caused $1,000 [04-PKR-01113/1510275/2] 16 246-28 (b)(13) 246-28 (b)(13) 246-37(l) 246-37 (m) 98-58 (a)(7) 98-58 (a)(7) 246-37 (e) 246-28 (b)(13) 246-37 (d) 246-28 (b)(14) 246-28 (b)(1) 246-28 (b)(2) 246-37 (k) 246-28 (b)(13) 246-28 (b)(1) 246-28 (b)(7) Sea Turtles —Artificial Lighting/Non-Compliance $500 Gopher Tortoise Infraction up to $500 Loud Music $100 Nudity $100 Indecent Exposure $100 Blasphemous Language $50 Chumming and Blood Baiting $75 Protection & Preservation of Wildlife $50 Camping $75 Driving Motorized/Non-Motorized Vehicle/Beach $75 Deface or Disfigure County Property $250* Protection of Vegetation $50 Soliciting $100 Removal of Live, Natural Objects $100 Removal of Cultural Resources $100 Domestic Animals ((b)(2) Dogs) $50** *All efforts will be made to ensure individuals who disfigure or deface County property in addition to the fines cited above pay for the property damage. **In accordance with the Ordinance, the fine is to be no less than $50. Q. Golden Gate Community Center (See Exhibit C) The applicable Board is the GG Community Center Advisory Board (GGCCAB Ord. No. 08-27 and Resolution No. 08-154). Golden Gate Taxing District Boundaries: West Boundary: Santa Barbara Boulevard to Logan Boulevard to First Avenue SW East Boundary: canal 1 mile east of County Road 951 North Boundary: First Avenue SW over 951 Boulevard and White Boulevard to the canal located 1 mile east of County Road 951 South Boundary: Palm Springs subdivision and Radio Road to Santa Barbara Boulevard 2. User Categories Class I: Charitable and Non -Charitable Not -for -Profit organizations Class II: Public and For -Profit organizations Class III: Civic organizations within Golden Gate MSTU District 3. Service and Sale of Alcoholic Beverages A. Serving of Alcoholic Beverages These provisions apply for any event where alcoholic beverages will be available. No alcohol may be made available without a valid Certificate of Insurance on file at the Golden Gate Community Center. [04-PKR-01113/1510275/21 17 User categories Class I and Class II, as previously defined in Q(2), above, the user must present a General Liability Policy for the date of use which specifically includes contractual liability and host liquor liability in an amount not less than Five Hundred Thousand Dollars ($500,000) at least four (4) weeks prior to the event. As determined by the County Risk Management Director, in the event of above average exposure Five Hundred Thousand Dollars ($500,000) liability coverage shall be required. In the event of unusual or high exposure One Million Dollar ($1,000,000) liability shall be required. B. Sale of Alcoholic Beverages In the event any user intends to sell alcoholic beverages, they will be required to meet all State requirements regarding the sale of alcohol and obtain all required permits. Copies of said permits shall be filed with the Community Center Supervisor. The Center Supervisor shall contact Collier County Division of Risk Management for insurance requirements. C. Rules and Regulations for Users Serving Alcoholic Beverages 1. It is the responsibility of the user that no alcoholic beverage shall be allowed outside assigned meeting room(s) auditorium. 2. The user is responsible to ascertain that no alcoholic beverage shall be served to any person under the age of 21. 3. The user shall be responsible for the behavior of any parties with the user's group. 4. The user shall be responsible to assure that no alcoholic beverages are served during the last thirty (30) minutes of user's scheduled event. 5. The user will be responsible for supplying a Certificate of Insurance at least four (4) weeks prior to scheduled event (see insurance provisions). 6. The user will be responsible to comply with Chapter 562, Florida Statutes. 7. The user must abide by all other operational policies and procedures of the Golden Gate Community Center. Any violation of any of these rules can result in termination of the event. [04-PKR-01113/1510275/2] I s 8. The user must pay the cost of security provided by the Collier County Sheriff's Office. The fee is payable to Collier County Parks and Recreation at the time of payment for facility use. END OF EXHIBIT A [04-PKR-01113/1510275/21 19 L;/:I I:1:r=? Conservation Collier Preserve Lands License and Fee Policy CLASSIFICATIONS A. Facility License Definitions and Uses 1. Outdoor Areas: Open space or land owned or leased by Collier County. Such outdoor areas shall include, but not be limited to, hiking trails, biking trails, equestrian trails, boardwalks, pastures, campgrounds, and/or other county Preserve Land areas. Outdoor areas shall be used for those purposes designated or implicit in their character. Any deviation from normal appropriate use shall require express prior permission from the County Manager, or his designee. 2. Facilities: Buildings and dwellings owned or leased by Collier County. Such facilities include, but are not restricted to, pavilions, shelters, the Pepper Ranch pole barn, the Pepper Ranch lodge, and other areas located in Collier County structures. Facilities shall be used for those purposes designated or implicit in their character. Any deviation from these intended, normal uses shall require express prior permission from the County Manager, or his designee. 3. Programs: Recreation activities conducted on land or in facilities owned or leased by Collier County. Such activities include, but are not restricted to: athletic, clinic, instructional and interpretive seminars for preschool, youth, adult, senior, and special populations. Any deviation from these intended normal uses shall require express permission from the County Manager, or his designee. B. User Categories — Applicable to all indoor and outdoor areas Governmental entities are not subject to fees. All other users shall have their fees determined by the category of the entity. Note: All Preserve Lands, unless reserved, shall remain open to the public during normal Preserve Land hours. The two categories are: 1. Category I - Federal Income Tax Exempt Entities, Registered Charities, Not- for-profit Groups. a. Federal Income Tax Exempt Entities Groups that are exempt from taxation under any subsection of Section 501(c) of the Internal Revenue Code. [04-PKR-01113/1510275/2] 20 b. Specified Sales Tax Exempt Entities Those entities that are exempt from Florida Sales Tax pursuant to Subsection 212.08 (7), Florida Statutes such as a home for the aged, nursing home, hospice, or an organization whose primary purpose is to provide special educational, cultural, recreational or social benefits to minors, or is a religious, charitable, scientific, educational, or veterans' organization. c. Local Not -for Profit Groups or Non -Profit Groups Entities, irrespective of tax exempt status, which are not-for-profit corporations, organizations or other not-for-profit entities that are of Collier County origin, have their principal location in Collier County, and of which fifty per cent (500,10) of the group's membership are residents of Collier County, with a primary purpose to provide social services to others or to protect interests outside of the groups, such as the environment, endangered animals, disadvantaged persons, or some other similar external interest. The primary focus of these groups is outward looking and away from the personal interests of the group's members. d. Other Local Not -for -Profit Groups Those entities, irrespective of tax exempt status, which are not-for-profit corporations, organizations, or other not-for-profit entities that are of Collier County origin, have their principal location in Collier County, and of which fifty per cent (5000) of the group's membership are residents of Collier County, but the group's primary purpose is not to provide social services to individuals who are not bona fide members of the group or to protect interests outside of the group. This category includes property owners' associations, political groups, and all other special interest oriented teams or clubs, such as hobbyists' clubs; chess clubs; radio clubs; hunters and fishermen clubs; stamp, coin, and other collectors' clubs; garden clubs; car clubs; and all other similar clubs, groups or organizations. The primary focus of these groups is inward toward the groups' members. 2. Category II — All others Each individual, group organization or entity that is not within Category I. II. FEE STRUCTURE. All fees are exclusive of sales tax unless otherwise noted. A. Category I User Fees [04-PKR-01113/1510275/21 21 Facility Type Rate Per Hour Security Deposit Open Space 100 x 100 $10.00 $25.00 Pepper Ranch Preserve Visitor $10.00 $300.00 Center $25.00 $300.00 Pepper Ranch Preserve Pole Barn $10.00 $100.00 Pepper Ranch Preserve Visitor $15.00 $300.00 Centerand Pole Barn $65.00 $300.00 Pepper Ranch Preserve Visitor $25.00 $300.00 Center, Pole Barn, and Lawn for private event Rental fees to not include setup and break down of facility or area. These services must be provided by the user. B. Category II User Fees Facility Type Rate Per Hour Security Deposit Open Space 100 x 100 $10.00 $25.00 FWC Youth Hunt* $75.00 Pepper Ranch Preserve Visitor Center $25.00 $300.00 Pepper Ranch Preserve Pole Barn $25.00 $100.00 Pepper Ranch Preserve Visitor Center and Pole Barn $45.00 $300.00 Pepper Ranch Preserve Visitor Center, Pole Barn, and lawn for private event $65.00 $300.00 Rental fees to not include setup and break down of facility or area. These services must be provided by the user. C. Additional Fees: Categories I and II Service Additional Fee Per Hour Special requests or additional clean- up required Per hour fee determined by division, based on cost D. Hunt Fees Permit Fee — non-refundable. Permit fee is paid per hunt. HOG $55.00 DEER $80.00 TURKEY $105.00 FWC Youth Hunt* $75.00 [04-PKR-01113/1510275/2] 22 *Youth Hunt Fee includes all meals and campsite accommodations for 1 child and 1 guardian during youth hunt weekend. E. Camping Fees 1. Primitive/Family-Eighteen ($18) dollars per night per campsite (sites limited to two tents and six people). 2. Primitive/Group-For Profit one hundred ($100) dollars per night per site (50 people maximum). 3. Primitive/Group-Non Profit fifty ($50) dollars per night per site (50 people maximum). F. Recognition Plaques 1. Bench - $2,000.00 with the ability to upgrade type of bench with the approval of the Board of County Commissioners. 2. Large scale interpretive signage - $2,000.00 G. Fines for Conservation Collier Citations Ordinance 2011-38 authorizes all authorized law enforcement officers, and all authorized County personnel to enforce the provisions of this Ordinance. Ordinance Citation Type Citation Fee 2011-38 Parking Citation $30 2011-38 Handicap Parking Citation $250 2011-38 Littering $100 2011-38 Intoxicating Beverages $75 2011-38 Glass Containers $100 2011-38 Fires $100 2011-38 Gopher Tortoise Infraction up to $500 2011-38 Loud Music $100 2011-38 Nudity $100 2011-38 Indecent Exposure $100 2011-38 Blasphemous Language $50 2011-38 Protection & Preservation of Wildlife $50 2011-38 Deface or Disfigure County Property $250* 2011-38 Protection of Vegetation $50 2011-38 Soliciting $100 2011-38 Removal of Live, Natural Objects $100 2011-38 Removal of Cultural Resources $100 2011-38 Domestic Animals ((b)(2) Dogs) $50** *All efforts will be made to ensure individuals who disfigure or deface County property in addition to the fines cited above pay for the property damage. **In accordance with the Ordinance, the fine is to be no less than $50. [04-PKR-01113/1510275/2] 23 H. Offsite Preservation Fees pursuant to Land Development Code Section 3.05.07 HA J. vi.a.and b. 1. Monetary payment alternative. Applicants shall make monetary payment to Collier County. Such funds shall be used by the County for the purchase and management of off-site conservation lands within the County. The monetary payment amount shall be based on the post development appraisal value per acre multiplied by the preserve requirement, then multiplied by 1.25 to establish the endowment amount. 2. Land donation alternative. In lieu of monetary payment, applicants may choose to donate land for conservation purposes at a ratio of 4:1 to Collier County or another government agency. Lands donated to Collier County must include a cash endowment for management of the land at a ratio of 4:1 of the acreage of the lands donated, and at a cost of $130,000 per acre or portions thereof, 3. Fee for initial exotic vegetation removal for lands donated to Conservation Collier - $16,000 per acre or portions thereof. III. CONCESSION FEES. A. For each Category II concession booth/location a $20.00 fee per event or 20% of gross revenues per day will be charged, whichever is greater, for each concession booth/location. B. Concessionaires contracted by the County to serve the general public will pay a negotiated fee in lieu of the general fee schedule. C. Category I users may conduct fundraising activities and/or sell merchandise without fees at Collier County co-sponsored events for the express purpose of fundraising for their organization. IV. SALE/SERVICE OF ALCOHOLIC BEVERAGES. The sale/service of alcoholic beverages is prohibited at all Collier County Preserve Lands. V. REQUIREMENTS CONCERNING USE OF GROUNDS AND FACILITIES. A. The user shall be responsible for submitting plans for security, crowd control, traffic, refuse, garbage, debris, and sewage disposal before, during and after operation of the event. Such plans should be submitted to the County Manager or his designee, for review and approval. B. The user shall clean up all debris, extinguish all fires when such fires are permitted, and leave the premises in good order, and the facilities in a neat and sanitary condition. No person shall dump, deposit, or leave any bottles, broken glass, ashes, paper or other trash anywhere on the ground of the preserves other than in proper receptacles provided therefore, and no such refuse or trash shall be [04-PKR-01 113/1510275/21 24 placed in any waters in or contiguous to the park. While receptacles are provided, all rubbish or waste generated by the event shall be carried away from Collier County Preserve Lands by the person responsible for its presence, and properly disposed of elsewhere. C. If sanitary service is not available at Preserve Lands, the user will be responsible for hiring a licensed sewage disposal business. D. The user shall be responsible for hiring necessary personnel to handle security, crowd control and traffic. E. Estimated attendance with groups of 30 or more must have $300,000 liability insurance and Board of Collier County Commissioners must be named as co-insured. F. If the facility and/or grounds are not returned in the condition they were found, the security deposit will be retained up to the amount necessary to return the facility to the condition found. END OF EXHIBIT B [04-PKR-01 113/1510275/2] 25 EXHIBIT C GOLDEN GATE COMMUNITY CENTER Class I: Charitable and Non -Charitable Not -for -Profit Organizations Class II: Public and For -Profit organizations Class III: Civic organizations within Golden Gate MSTU District GOLDEN GATE COMMUNITY CENTER FEE PROPOSAL — 2017 USER GROUPS All rates are hourly unless otherwise noted Class I - Federal Income Tax Exempt Entities, Registered Charities, Not For Profit Groups not covered in Class II Class II - All individuals and organizations not covered In Class I and Class III Class III - Civic organizations with home operations in the Golden Gate MSTU district, in which the rental is for the organization. RENTAL USER APPROVED DEPOSITS Auditorium all 200 Rooms all 50 Outdoor spaces all 200 RENTALS ROOMS < 1500 Sq Ft I 10 (1/2 A) (1/2 B) C or D II 25 III 0 Wheels 1, 2, or Gameroom 1 10 11 25 111 0 ROOMS AB 1500-3000 Sq Ft I 15 I I 45 III 0 ROOMS 3000+ Sq Ft I 20 AUDITORIUM II 60 111 0 after 10 pm (change to after hours) all 20 $20 per hour add'I for the space + $20 per hour per staff person GYMNASUIM I 30 I I 60 (add sales tax) III 0 GYMNASIUM Fundraising (For Profit) 20 [04-PKR-01113/1510275/2] 26 WHEELS / AMPHITHERTER and OPEN SPACE - no staff - DAILY RATE I 800 I I 1200 III 0 AMPHITHERTER and OPEN SPACE I 50 I I 100 III 0 WHEELS BMX TRACK + 1 staff - HOURLY 1 50 I I 100 III 0 PAVILION SMALL I 10 I I 10 III 0 PAVILION LARGE I 20 I I 20 III 0 VENDOR SPACE Add'I 10'x 10' Vendor - under 300 attendees I, II 20 Vendor - 301 - 500 attendees I, II 25 Vendor - 501 - 1000 attendees I, II 30 Vendor - 1001 - 5000 attendees I, II 40 Vendor - over 5000 attendees I, II 50 Vendor - Any size event 111 0 SKATE PARK (facility + 1 staff) I 50 I I 100 III 0 OPEN SPACE (100'x 100') I 10 I I 20 III 0 KITCHEN I, II 25 III 0 [04-PKR-01113/ 1510275/21 27 16F2 EXTENSION AND AMENDMENT OF PARKS AND RECREATION PICKLEBALL CONCESSIONAIRE AGREEMENT THIS EXTENSION and AMENDMENT AGREEMENT is made and entered into this oa day ofakob<le, 2019, by and between Collier County, a political subdivision of the State of Florida ("County"), and Pickleball Enterprises LLC d/b/a Pickleball Pro Shop of Collier County Pickleball Pro Shop") authorized to do business in Florida. RECITALS: WHEREAS,the parties entered into a Concessionaire Agreement dated October 24,2017, a copy of which is attached to this Agreement, wherein Pickleball Pro Shop was granted the privilege to provide concession services and comprehensive management at East Naples Community Park for a term of 3 years with two 1-year renewals; and WHEREAS, both parties wish to extend and amend the Concessionaire Agreement on the terms and conditions set forth below; and WHEREAS, with the recommendation of the Tourist Development Council, the Collier County Board of County Commissioners has reviewed and approved this extension and amendment of the Concessionaire Agreement and specifically finds that doing so promotes tourism. WITNESSETH: NOW, THEREFORE, in consideration of the promises and covenants contained herein, and other good and valuable consideration exchanged amongst the parties, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. The Term of the Concessionaire Agreement is hereby extended for an additional five years. Accordingly, Pickleball Pro Shop will provide concession services and comprehensive management at East Naples Community Park for an additional five years following the expiration of the current Agreement (October 24, 2017 — October 24, 2027). There is no right to renew by either party. 3. The provisions of Paragraph 2 of the Concessionaire Agreement are hereby amended as follows: STATEMENT OF WORK. The County hereby grants to the Concessionaire,and the Concessionaire hereby accepts from the County, the privilege to provide concession services and comprehensive management at East Naples Community Park (ENCP), located at 3500 Thomasson Drive, Naples, FL 34112 in conformance with the purposes and for the periods stated herein and subject to all terms and conditions O5.COA.01260/01498053/I j Words Underlined are added;Words struckThrough are deleted. Page 1 of 4 1 6F2 hereinafter set forth. It is not permissible for oth: '- • • entities to utilize the Agreement. 4, Paragraph 23 of the Sponsorship Agreement is hereby amended as follows: USES, The Concessionaire has exclusive rights to the current Pickleball facilities and the modular concession at ENCP, however nothing in this Agreement shall preclude the County from using the Pickleball facilities, public areas for public and civic purposes as deemed necessary, with advance written notice to the Concessionaire. The Concessionaire is authorized to conduct the following type of business and to provide the following services, and only such business and services, at ENCP the approved COA and as set forth below: 5.Paragraph 28 of the Sponsorship Agreement is amended as follows: HOURS OF OPERATION. During the term of this Agreement programs and concession will be adequately staffed on days and times approved by the Parks and Recreation Director or his/her designee. Days and hours will be posted and any changes from posted hours will be communicated within seven (7) days of the change. The operation should continue throughout the year including applicable holidays. The highest volume of activity and sales may occur during the seasonal / tourist months of November— April; it is the expectation of the awarded concessionaire that service will operate year-round except when conflicting with the US Open Pickleball Agreement or other Pickleball event that the CVB Sports Marketing team may schedule. 6.Paragraph 29 of the Sponsorship Agreement is amended as follows: PUBLIC USE OF THE FACILITIES. The Concessionaire shall be responsible to the Director of Parks and Recreation Division for the satisfactory and courteous operation of the programs and concessions at ENCP. Courts must be made available to the public every day from 12:00 PM—5:00 PM year-round except when tournaments are scheduled. However, this does not preclude the Concessionaire from scheduling promotional events, which might temporarily limit access to the event site, subject to the prior written approval for each event, on a case-by-case basis,by the Director of Parks and Recreation, or Designee. 7, Paragraph 52 is added as follows: Tournament & Academy Programming. The Concessionaire will provide three tournaments per year at East Naples Community Park during each fiscal year. Past examples of tournaments include: 05-C0A-01260/149805311 j Words Underlined are added; Words S4tek—TIfettgh are deleted. Page 2 of 4 16F2 a. Florida State Pickleball Championships; b. Winter Classic; c. Southern Tropics. The Concessionaire shall lease the East Naples Community Park directly from the Collier County Parks and Recreation Division for tournament play and will comply with all then-current County requirements for the hosting of an event of this size including but not limited to when necessary:providing insurance,crowd control, parking, security, EMS, restroom facilities, waste removal, portable generators, showers, all deposits and full payments required prior to each event and other event operation expenses. The Concessionaire shall provide written reports to the Convention & Visitors Bureau (CVB) and Tourist Development Council (TDC) regarding attendance, sales, and overall impact on County visitation at each event within 60 days following the event. Such reports will be jointly communicated publicly by CVB staff and the Concessionaire following the completion of each tournament. The Concessionaire may apply for additional promotional funds from the CVB if these events can demonstrate that they promote tourism by attracting overnight visitors to Collier County and achieving regional, national, or international exposure. 8, Paragraph 53 is added as follows: Tournament Marketing. The Concessionaire has the responsibility to actively market the destination and programs at the ENCP location and Naples in general, The Naples, Marco Island, Everglades Convention & Visitors Bureau (CVB) may provide a 1:1 match for marketing programs and literature, not to exceed $20,000 per fiscal year subject to a recommendation by the Tourist Development Council and approval by the Board of County Commissioners. Proof of advertising eligible for matching funds, such as written marketing programs and literature, should be reviewed by the CVB Director, or Designee,prior to distribution to the public and must be submitted two (2)weeks prior to the actual advertising date. In addition to matching funding on marketing programs, Collier County shall assist with marketing of Concessionaire's events in some or all of the following: i. Year-round promotion on Collier County Convention and Visitors Bureau sports marketing website, Facebook, and Twitter channels; ii. Assistance with hotel logistics including gathering of rates and banquet needs; iii. On site visitor information table to assist with local attractions and suggestions for out of town visitors during tournament programs; iv. Assistance with Public Relations and Media Outreach; v. Explore providing signage to promote the Pickleball Academy and Pro Shop at ENCP. 05-CCA-012(0/1498053/11 Words Underlined are added; Words Struck-Through are deleted. Page3of4 16F2 9. Excepting the above, all other terms and conditions of the Concessionaire Agreement continue in full force and effect. IN WITNESS WHEREOF,Pickleball Pro Shops and Collier County have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTES :, r,,BOARD OF '410.i'.-- _ •MMISSIONERS CR,S1 1ZIfInL, Clerk COLIE • PLO •A B 411-_ 61 L.Y lerk W' iam L. Mc Daniel,Jr., Chat• -Ian n t.t t alt.; signat `OflI u Pickleball Enterprises, LLC t BY //It, / Jim ••w g I Approved as to form and legality: 9 eatAw ' / , . olleen M. Greene ' Assistant County Attorney Item# 1(cf&' 1 Agenda 1008x'1)O1Cate Date ZU -S/C? Reed 05•COA•01260l1498053/1] DepUty(ii@ikWordsUnderlinedareadded;Words Strutek Trough are deleted. Page4of4 CONCESSIONAIRE AGREEMENT #18-7351 For VETERAN'S COMMUNITY PARK PICKLEBALL CONCESSIONAIRE THIS AGREEMENT, made and entered into on this �-_ day of 20 , by and between Pickleball Enterprises, LLC, authorized to do business in the State of Florida, whose business address is 8187 Sanctuary Drive, #2, Naples, Florida 34104, (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: AGREEMENT TERM. The Agreement shall be for a three (3) year period, commencing upon the date of Board approval and terminating three (3) years from that date. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of Request for Proposal #18-7351, including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. The Contractor shall also provide services in accordance with Exhibit A - Scope of Services attached hereto. It is not permissible for other County divisions or governmental entities to utilize the Agreement. 2.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3. CONSIDERATION. The Contractor shall remit to the County, as consideration for this Agreement, a percentage of the total gross revenue of the Contractor's business operations as follows: a firm fixed monthly concession commission of 12.5% (twelve -point five percent) or four hundred fifty ($450) fee per month, whichever is more. In addition, the Contractor shall pay a fifty dollars ($50.00) per month utility fee. Said payments shall be tendered to the County by the fifteenth (15th) of each month for the preceding month and such payments shall be accompanied by a Statement of Gross Page 1 of 16 Concessionaire Agreement #2017.011 (Ver.1) C Receipts for the preceding month. Such Statement of Gross Receipts shall be certified as true, accurate and complete by the Contractor. It is also understood that the applicable Florida States Sales Tax on payments to the County shall be added to the payment. The County is to receive its revenue payment as net, free and clear of all costs and charges arising from, or related to Contractor's obligations under this Agreement, and that the monthly utility fee and the percentage of total gross revenues will be paid monthly for the life of the Agreement. The term "gross revenue", "gross receipts" and/or "gross sales" means all income collected, accrued or derived by the Contractor under the privileges granted by this Agreement or other document entered into with the County, excluding amounts of any Federal, State or other tax collected by the Contractor from customers and required by law to be remitted to the taxing authority. The Contractor shall provide the County a copy of its State Sales and Use Tax Report, as prescribed by the State of Florida Revenue http://dor.mVflorida.com/dor/taxes/sales tax.html#tab1. After the initial term, the commission will be reviewed by the Parties and renegotiated based on historical Point of Sale reports from the Contractor. Any changes to the commission fee will be memorialized in an Amendment to the Agreement. 4. DEFAULT IN PAYMENT. The monthly Statement of Gross Receipts, the payments computed on that amount, including the utility fee, and any other taxes and fees due must be submitted to the County through the Director of Parks and Recreation or Designee, to be received by the fifteenth (15th) of each month. In the event the Contractor fails to pay this consideration within five (5) days of such due date, there shall be a late charge of ten percent (10%) per day added to the fees due. The County has no duty to notify the Contractor of its failure to remit any such payment or report. If the payment of consideration and accumulated daily penalties are not received within thirty (30) days after the normal monthly due date, then the County may take possession of the Contractor's assets on County property and may terminate this Agreement. A monthly report as identified in Section 5 shall also be submitted to the Director of Parks and Recreation or Designee, by the fifteenth (15th) of each month. This report shall accompany the monthly Statement of Gross Receipts and shall be subject to audit. Contractor's failure to remit any such payment or produce the reports shall be considered a material breach of the Agreement. 5. MONTHLY REPORTING REQUIREMENTS. The Contractor will be required to submit a written monthly report specific to Concession Operations Areas, as identified in Exhibit A — Scope of Services, by the fifteenth (15th) day of the following preceding month that contains the reporting information stated below. Contractor's failure to produce these required monthly reports shall be considered a material breach of the Agreement. The report will be approved by the Director of Parks and Recreation, or Designee and, at minimum, shall include hours of operation, daily attendance figures, weather conditions. A. Certified Monthly Location Total Sales Report: By location, a summary report which identifies the total: • Monthly gross sales by category (i.e. food, beverage, rentals, clinics, lessons, merchandise, etc.); • Tax dollars for the gross sales; • Gross Sales dollars less tax; • Credit card number of transactions and dollar amount; • Cash number of transactions and dollar amount; and, Page 2 of 16 C Concessionaire Agreement#2017.011 (Ver.1) l` • A clearly written certification statement, which contains the following: "To the best of my knowledge, The Certified Monthly Location Total Sales Report, and any additional reports attached hereto, are accurate and reflect the sales and commission owed to the County." B. Daily Transaction Report: An itemized transaction report that identifies: • A transaction reference number that includes the category (i.e., food, beverage, rentals, clinics, lessons, merchandise, etc.), the cost by item, related sales tax, the total of the individual transaction and the payment method (credit card or cash). The final page of the report should summarize the total number of transactions for that day, the dollar of cash transactions and the dollar total of credit card transactions. 6. OPERATIONS. The Contractor shall use point-of-sale (POS) electronic cash machines or other electronic accounting control equipment for the proper control of all payments. All sales transaction must be accompanied by a receipt to the customer. Daily Register receipts must be maintained and made available upon demand during the term of this Agreement. All electronic cash equipment and accounting procedures must be reviewed and approved by the Director of Parks and Recreation, or Designee. All financial records are to be maintained during the entire term of this Agreement and for a period of five (5) years following the termination of this Agreement. The receipt/revenue records consist of records documenting specific receipts/revenues collected by an agency through cash, checks, electronic fund transfers (EFT), credit and debit cards, or other methods. This may include, but is not limited to, records such as cash collection records and reports; cash receipt books, cash register tapes, deposit/transfer slips, EFT notices, credit and debit card records, receipt ledgers, receipt journal transactions and vouchers, refund records, bad check records, and other accounts receivable and related documentation. The Contractor may sell any concessions desired if such items are permitted under Florida state law and the Contractor has obtained the proper licensing/tax permits for such sales and approved in writing by the Director of the Parks and Recreation Division, or Designee. All alcoholic beverage sale and tobacco products are not permitted. Any equipment necessary for the sale of concessions, other than the existing equipment, must be furnished and maintained by the Contractor. 7. FINANCIAL REVIEW, RECORDS, AUDIT. The Contractor shall provide, at its expense, an annual independent review of the Contractor's financial records. The purpose of this review is to substantiate that the County has been compensated in accordance with this Agreement. The Contractor shall establish and maintain such records as now exist and may hereafter be prescribed by the County in the future to provide evidence that all terms of this Agreement have been and are being observed. The Contractor grants to the County the right and authority to audit all records, documents, and books pertaining to the concession operations. Such audit will be conducted at locations and at a frequency determined by the County and communicated to the Contractor. The Contractor agrees to provide materials for the audit at the place designated by the County within three (3) business days after the County's notice to do so is received by Contractor, all at no cost to the County. Page 3 of 16 Concessionaire Agreement #2017.011 (Ver.1) 8. UTILITIES. A monthly fee of fifty dollars ($50.00) for use of electricity will be assessed ($50/month), which may pro -rated. The monthly utility fee will be submitted along with the monthly required documents and payments and should be included and noted on a statement that shows the monthly payment amount (monthly sales commission and payment) and the utility payment of one -hundred dollars ($50.00) with the grand total that should match the check amount. Any other utilities that are for the benefit of the Contractor shall be paid by the Contractor (i.e. WiFi, Telephone, etc.). 9. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85- 80159665310. 10. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Address: Authorized Agent: Telephone: E-Mail(s): Pickleball Enterprises, LLC 8187 Sanctuary Drive, #2 Naples, Florida 34104 James Ludwig, Executive Director (239) 784-2242 Captainjim54@gmail.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Barry Williams Division Name: Parks and Recreation Address: 15000 Livingston Road Naples, FL 34109 Administrative Agent/PM: Steven Weisberg Telephone: 239-252-4070 E-Mail(s): Steven.Weisberg@colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 11. NOT A LEASE. No part, parcel, building, structure, equipment or space is leased to the Contractor. The Contractor is not a lessee. The Contractor's right to operate the concession shall continue only so long as the concession operation complies with the undertakings, provisions, agreements, stipulations and conditions of this Agreement. 12. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. Page 4of16 Concessionaire Agreement #2017.011 (V q& 13. FACILITIES. The Contractor shall maintain sanitary, neat and safe facilities and orderly operations at all times to ensure a maximum value to guests. The Contractor acknowledges it is assuming responsibility for managing the Concession Operations Areas in its current "as is" condition and in good order. 14. MAINTENANCE AND REPAIRS. The Contractor shall, to the satisfaction of the Director of Parks and Recreation, or Designee, provide normal and routine daily, monthly, and yearly maintenance of the facilities, designed to keep the premises and equipment in a good state of repair, free from hazardous conditions and deterioration, thus providing for the comfort and safety of visitors and patrons. The County will make and/or manage repairs including, but not limited to: landscaping: mowing, herbicide and pesticide application; exterior painting; air conditioning; roadways and sidewalks within the park; exotic flora/faunal removal; and County, State, and Federal signage within the County facilities. Any improvements, including capital improvements, made for the benefit of the Contractor shall be paid for by the Contractor and approved in advance in writing by the Director of Parks and Recreation or Designee. All capital improvements will become the property of Collier County at the end of the term of the Agreement. 15. TRASH, RUBBISH AND GARBAGE. The County will provide all garbage, trash and rubbish receptacles within the confines of the Concession Operations Areas, including a dumpster and enclosure. The Contractor shall be responsible for the pickup and removal of all rubbish, trash and garbage, including removal of trash from the concession area to the dumpster. The Contractor agrees to perform daily removal of litter in the immediate exterior area within fifty (50) feet of the concession. The County shall be responsible for the removal of all trash from the dumpster. The County may assess a monthly fee for its services and the County reserves its right to implement. The Contractor shall have a neat and orderly operation at all times and shall be solely responsible for necessary housekeeping on and around the Concession Operations Areas. 16. PERMITS: LICENSES: TAXES. The Contractor shall obtain and pay for all permits and licenses necessary for the conducting of business and shall comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Appropriate licenses and permits shall include but not be limited to compliance with Health Department requirements including: Food Manager Certification; State of Florida Department of Business and Professional Regulation Food Service License; State of Florida Department Division of Corporations Registration; Resale Certification; and Safe Serve certified (certification form needs to be provided for all employees). The Contractor shall also be solely responsible for payment of any and all taxes levied on the concession operations or any other taxable activity on the premises. In addition, the Contractor shall comply with all existing and future applicable rules, regulations and laws of Collier County, the State of Florida, or the U.S. Government. The Contractor is responsible for any future costs, and submittals, for any zone or permit requirements. Page 5 of 16 Concessionaire Agreement #2017.011 (Ver.1) 9 17. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 18.TERMINATION. Should the Contractor be found to have failed to perform the services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. The Agreement may be terminated by the County immediately due to any material breach of this Agreement, including, but not limited to, failure of the Contractor to maintain the approved hours of operation or failure of the Contractor to provide a receipt to each customer for every transaction. During the notification period, both parties agree to meet its respective contractual obligations in good faith. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 19. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 20. FORCE MAJEURE. If closure of the facilities or loss of equipment, of either or all facilities, is due to unforeseeable causes beyond the control of Contractor, and not due to its own fault or neglect, including but not restricted to, acts of nature or of public enemy, acts of government or of the County, fires, floods, hurricanes, civil disorder, epidemics, quarantine regulations, strikes or lock -outs, etc., the County will allow pro rata adjustment of monthly payments up to the time such damage is repaired and/or the loss of time related to the closure of the facilities. The County must be made aware of the time of closure within forty-eight (48) hours up to the time the damage is repaired or other circumstances return to normal. 21. CONTRACTOR NOT TO REMOVE PROPERTY. Contractor shall not remove from the Concession Operations Areas any personal property brought thereon or any replacements thereto by the Contractor for the purpose of this Agreement, except such items as may be removed with the express written permission of the Director of Parks and Recreation, or Designee. Upon expiration of the term specified in Section 1, if the Contractor has made full payment under this Agreement and has fully complied with the terms of this Agreement, Contractor may remove personal property from the County facilities and shall do so within fifteen (15) days following the expiration of this Agreement, provided such personal property must be removed without damage to the premises. On Contractor's failure to do so, the County may cause same to be removed and stored at the cost and expense of the Contractor, and the County shall have a continuing lien thereon in the amount of the cost and expense of such removal and storage until paid, and County may sell such personal property and reimburse itself for such costs and expense, plus all expenses of the sale. Page 6 of 16 Concessionaire Agreement #2017.011 (Ver.6 22. EQUIPMENT. The Contractor shall be responsible for the proper care and maintenance all existing equipment and fixtures within the Concession Operations Areas as documented in the County's inventory list. The Contractor will be responsible for repair, maintenance and replacement of existing equipment and fixtures at the expense of the Contractor; ordinary wear and tear is expected. Any replacements of equipment should be coordinated through Director of Parks and Recreation or Designee. Any equipment that is lost, stolen or damaged shall be replaced or repaired at the expense of the Concessionaire; ordinary wear and tear is expected. Upon the expiration of the Agreement, the Concessionaire shall deliver said inventory to the County. 23. MARKETING. The Contractor shall actively market the Concessions programs at the County facilities concessions. Proof of advertising such as written marketing programs and literature should be reviewed by the Director of Parks and Recreation, or Designee, prior to distribution to the public and must be submitted two (2) weeks prior to the actual advertising date. 24. COOPERATION. The Contractor agrees to cooperate with the County in the conduct of surveys and to provide reports of visitor usage of all concession services, as requested by the Director of Parks and Recreation or Designee. The County shall provide Contractor with advance notice of any special event and shall coordinate with the Contractor regarding same. County shall provide Contractor with notice of the availability of plans for any remodeling of the facilities. 25. INSPECTION. The Contractor shall, to the satisfaction of the Director of Parks and Recreation or authorized representative provide normal and routine inspections, per a mutually agreed upon schedule (documented in an inspection log available for County inspection) of the facilities, designed to keep the premises and equipment in a good state of repair, free from hazardous conditions and deterioration, thus providing for the comfort and safety of visitors and patrons. The Contractor shall ensure that Concession Operations Areas are to be available for inspection by designated County representatives during regular operating hours and at other times upon reasonable notice. The County reserves the right to conduct unscheduled inspections at any time by an authorized representative of the Director of Parks and Recreation, or by any other agency having responsibility for inspections of such operations. Contractor shall undertake immediately the correction of any deficiency as cited by such inspectors; failure to comply shall be considered a material breach of the Agreement. 26. WAIVER OF INTERFERENCE. The Contractor hereby waives all claims for compensation for loss or damage sustained by reason of any interference with the concession operation by any public agency or official in enforcing their duties or any laws or ordinances. Any such interference shall not relieve the Contractor from any obligation hereunder. 27. WAIVER OF LOSS FROM HAZARD. The Contractor hereby expressly waives all rights, claims, and demands and forever releases and discharges the County from all demands, claims, actions and causes of action arising from this Agreement, except intentional torts. 28. NO LIENS. Contractor will not suffer or, through its actions or by anyone under its control or supervision, cause to be filed upon the property any lien or encumbrance of any kind. In the event any lien is filed, Contractor shall cause such lien to be discharged within ten (10) days after written notice to do so from the County. Page g Concessionaire Agreement #2017.011 (Ver.1) �� 29. ORDERLY OPERATIONS, ETC. The Contractor shall have a neat and orderly operation at all times and shall be solely responsible for necessary housekeeping services to properly maintain the premises. There shall be no living quarters, nor shall anyone be permitted to live on the premises. 30. EMPLOYEES; MANAGER, The Contractor shall employ people to work at this facility who are neat, clean, well-groomed and courteous. All employees shall observe all the graces of personal grooming. Subject to the American with Disabilities Act, Contractor shall supply competent employees, who are physically capable of performing their employment duties and the County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County property is not in the best interest of the County. All Contractor employees shall wear shirts and shorts with the Contractor's logo or other identifying marking. The Contractor shall have an experienced manager overseeing the concession operations at all times when open for business. When the manager is absent, the operation shall be directed by an assistant manager, experienced and trained in Concession operations and at least twenty-one (21) years of age. All managers will be Food Safe Compliant with all State of Florida and Collier County "Serve Safe" requirements and licenses. There shall be an after-hours contact person available by telephone and the contact phone number shall be provided to the Director of Parks and Recreation, or Designee. Background checks and drug tests must be conducted on all employees prior to performing services at the concessions which is to be conducted by the County's Facilities Management staff at the expense of the Contractor. The Contractor must have a drug and alcohol policy consistent with County Policies (CMA 5312). 31.HOURS OF OPERATION. During the term of this Agreement programs and concession will be adequately staffed on days and times approved by the Parks and Recreation Director or his/her designee. Days and hours will be posted and any changes from posted hours will be communicated within seven (7) days of the change. The operation should continue throughout the year including applicable holidays. The Contractor may open additional days, subject to prior written approval of the Director of Parks and Recreation or Designee. All hours and days of operation shall be conspicuously posted and easily read by park visitors. Any changes from posted hours and days will be communicated within seven (7) days of the change. The Contractor shall be responsible to the Director of Parks and Recreation Division for the satisfactory and courteous operation of the programs and concessions. 32. NO IMPROPER USE, The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, the concession facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of any violation of this Agreement by the Contractor, or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the operation of the concession. Should the Contractor fail to promptly correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension shall continue until the violation is cured. The Contractor further agrees not to commence operation Page 8 of 16 Concessionaire Agreement #2017.011 (Ver. 1) d6� during such suspension period until the violation has been corrected to the satisfaction of the County. 33.N0 DISCRIMINATION. There shall be no discrimination as to race, gender, color, creed or national origin in the operations referred to by this Concession Agreement; and further, there shall be no discrimination regarding any use, service, maintenance, or operation of the premises. All facilities located on the premises shall be made available to the public, subject to the right of the Contractor to establish and enforce rules and regulations to provide for the safety, orderly operation and security of the facilities. 34. NO DANGEROUS MATERIALS. The Contractor shall not use or permit in the facilities the storage of illuminating oils, oil lamps, turpentine, benzine, naphtha, or other similar substances, or explosives of any kind, or any substance or articles prohibited in the standard policies of fire insurance companies doing business in the State of Florida. 35. COUNTY CONTROL COUNTY PARK CONCESSION. Nothing in this Agreement will preclude the County from using the public areas of the County facilities for public and/or civic purposes. In the event of occurrences previously mentioned, the Contractor will be notified, as deemed necessary by the Director of Parks and Recreation or Designee. 36. FLORIDA LAW, This Agreement shall be governed by and construed in accordance with the Laws of the State of Florida. 37.VEHICLES IN PARK. Vehicles are allowed in the areas only where roadways are provided. Vehicles shall park only in areas designated by the County for vehicle parking. Any vehicles that are to be used for concessions must have prior written approval of the Parks and Recreation Director or Designee. 38. STORAGE. Contractor shall obtain approval for any storage of equipment in County facilities from the appropriate permitting agencies. No overnight storage of any kind shall take place on the premises unless approved in writing by the Director of Parks and Recreation or Designee and is contingent upon approval of the appropriate permitting agency. 39. STORM WARNING. Upon declaration of a hurricane projecting an imminent strike, or the implementation of evacuation procedures from Collier County, Contractor shall meet with the Director of Parks and Recreation or Designee for the formulation of plans for the removal of all perishable goods and to ensure the concession site has been properly secured for hurricane approach. Contractor is required to secure all items owned and maintained by the Contractor. 40. CONTAINERS. The sale of items in glass containers is not permitted. The County has a recycle program in place and the Contractor is required to comply with that program with respect to the disposal of containers. 41. SAFETY AND SECURITY. The Contractor must provide at its expense any security measures to protect its area, equipment and materials. Such security measures may not violate any other restriction(s) of this Agreement. The County will not assume any responsibility for Concession Operations Areas security or alarms other than the security cameras at common areas and routine law enforcement patrols by Collier County Park Ranger patrols. Smoke, fire or fume activation within the Contractor's work area, and the reporting of those activations to the County is the responsibility of the Contractor. Page 9 of 16 �� Concessionaire Agreement #2017.011 er.1) In the event of any emergencies, safety or security accident or incident to employees, visitors, and/or property the Contractor must communicate to the Director of Parks and Recreation, or Designee, immediately followed by a written incident report. The Contractor is to have a written safety and security plan for the Concession Operations Areas. The Contractor will cooperate with all jurisdictional law enforcement agencies and personnel. 42. SIGNAGE. The Contractor shall provide, at his sole expense, required signs at all public approaches to the Concession. All signage, advertising and posting shall be as approved by the Director of the Parks and Recreation Division or Designee. Signs that will be used for advertising purposes shall be constructed and maintained to County standards as defined by the Code Compliance Department. The use of the Collier County Logo is prohibited. 43. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, 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 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 Article 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 Article 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. 44. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. C. Employee Dishonesty: Coverage shall have minimum limits of $50,000 per claim. Page 10 of 16 Concessionaire Agreement #2017.011 (Ver.1 Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non- renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 45. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Parks and Recreation Division. 46. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 47. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), Exhibit A Scope of Services, RFP #18-7351, including Exhibits, Attachments and Addenda/Addendum. 48. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 49. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and 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 Page 11 of 16 Concessionaire Agreement #2017.011 ( �1� and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a) -(b) as stated as follows: 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 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 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 a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 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 contract term and following completion of the contract if the Contractor does not transfer the 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 shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 50. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 51. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. Page 12 of 16 Concessionaire Agreement #2017.011 (Ver.1) Ivk. 52. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 53. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 54. AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 55. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 56. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 57. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their Page 13 of 16 Concessionaire Agreement #2017.011 1) �ak� background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e- mail (DL-FMOPS(a-),colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. (signature page to follow) Page 14 of 16 Concessionaire Agreement #2017.011 (Ver.1) IN WITNESS, WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first above written. ATTEST: Cryst K'inzel, C1• of Courts Dated Att6�44 l irman's sig, ue only. Contractor's Witnesses: � J First Wit ss . v I /-C Print Name and Title Second Witnes Sc.�ppport' Print Name and Title BOARD OFC AT COMMI NERS COLLIER C NT , FLORI By: Andy Solis, Chairman Pickleball Enterprises, LLC Contractor By: Signature Print ame and Title Deputy County Attorney Page 15 of 16 Concessionaire Agreement #2017.011 (Ver.1) Exhibit A Scope of Services Set forth following this page (pages 1 through 2) Page 16 of 16 Concessionaire Agreement #2017.011 (VeS�I) EXHIBIT A SCOP EOF SERVICES The Contractor/Concessionaire is responsible for providing the following as noted below: 1. Hours of Operation: During the term of this Agreement programs and concession will be adequately staffed on days and times approved by the Parks and Recreation Director or his/her designee. Days and hours will be posted and any changes from posted hours will be communicated within seven (7) days of the change. The operation should continue throughout the year including applicable holidays. Proposers are encouraged to provide any additional operational options for consideration. 2. Concession Operation: Staff, operations, and equipment to perform the operation of the services. 3. Equipment: All equipment required to operate the Pickleball program is at the Concessionaire's expense. The Concessionaire may use County equipment, furnishings, and fixtures that are presently used in conjunction with the operations after approval by the Director of Parks and Recreation Division or his designee. Any equipment that is lost, stolen or damaged shall be replaced or repaired at the expense of the Concessionaire; ordinary wear and tear is expected. Upon the expiration of the Agreement, the Concessionaire shall deliver said inventory to the County. 4. Zoning and Permitting Requirements: The successful concessionaire is responsible for any future costs, and submittals, for any zone or permit requirements. 5. Reports: A monthly report of activities with information directly fi•om the Point of Sale system must be submitted to the Parks and Recreation Division by the fifteenth (15th) day of each month. This report can be in the form developed by the Concessionaire and approved by the Director of Parks and Recreation Division or his designee. The report, at a minimum, shall include hours of operation, daily attendance figures, weather conditions, etc. This report shall accompany the monthly statement of gross revenues and will be subject to audit. 6. Commission: Remittance to the County of a fixed monthly concession commission of 12.5% or $450 monthly fee, whichever is more. Said commission is due to the County by the fifteenth (15th) day of each month for the preceding month and said payment shall be accompanied by a statement of gross receipts for the previous month. It is also understood that the applicable Florida State Sales Use Tax on rental payments shall be added to the Concessionaire's rental payment and forwarded to the County as part of said payments. After one year, the commission will be reviewed and renegotiated based on historical Point of Sale reports fi•om the vendor. The County intends to receive the rental amount at net, free and clear of all costs and charges arising from or relating to said demised premises. 7. Gross Receipts: The term "gross receipts" is understood to mean all income collected or accrued, derived by the Concessionaire under the privileges granted by this Agreement or other document entered into with the County, excluding amounts of any Federal, State or City sales tax, or other tax, collected by the Concessionaire from customers and required by law to be remitted to the taxing authority. 8. Auditing of Accounts: The Concessionaire will make available locally, books of account, financial statements, tapes, the point of sale reports or any other documentation deemed necessary to authorized representatives of Collier County. 9. Employee Qualifications: Staffing, including a manager or responsible person that can speak to the manager and make decisions overseeing the facility. Conduct of the employees of the Concessionaire shall be subject to reasonable regulation by the Director of Parks and Recreation Division or his designee. The Concessionaire shall employ people to work at this facility who are professional, literate, neat, clean, well-groomed, courteous and wear a uniform of the awarded company. 10. Point of Sale Equipment: A point-of-sale equipment or other electronic accounting control equipment for the proper control of cash payments. Cash register tapes must be maintained and made available upon demand during the entire term of the Agreement with Collier County. All electronic cash equipment and accounting procedures must be approved in writing by Collier County. A receipt must accompany all sales to the customer. 11. Operational Concepts: Operational concepts in writing to the Director of Parks and Recreation Division or his designee. Concepts or changes to concepts must have the approval of the Director of Parks and Recreation or their designee before proceeding on any alteration. 12. Maintenance and Repairs: Provide regular and routine daily, monthly, and yearly maintenance of the facilities, designed to keep the premises and equipment in a good state of repair, free from hazardous conditions and deterioration, thus providing for the comfort and safety of visitors and patrons. 13. Security: Security measures which may be required to protect his/her area and his/her equipment, materials and facilities. 14. Trash, Rubbish, and Garbage Removal: Provide for daily pickup and removal of all rubbish, trash, and garbage including removal of trash from the concession area to the dumpster. The County will provide all garbage, trash, and rubbish receptacles within the confines of his area. 15. Assignment of Concession Agreement: The Concessionaire shall not, at any time during the tenure of the Agreement, sublet any part of this Agreement or assign any portion or part of it, except by virtue of written permission granted by the Board of County Commissioners. 16. Appearance of Premises: Provide a neat and orderly operation at all times and shall be solely responsible for the necessary housekeeping on and around the park concession. Concessionaire shall make available all areas under their control for examination at any time by the Director of Parks and Recreation Division or his designee. 17. Public Use of Facilities: The attention of prospective proposers is directed to the fact that the Concessionaire shall be responsible to the Director of Parks and Recreation Division or his designee for the satisfactory and courteous operation of the program and concession. Although the County is offering the awarded concessionaire exclusive rights to current Pickleball facilities at Veterans Community Park; nothing in this Agreement shall preclude the County from using the public areas for public and civic purposes as deemed necessary. One pickleball court must be made available to the public Monday — Friday from 12:00 — 9:00 pm from November through April except when tournaments are scheduled. 18. Advertisingand nd Signs: Provide, at the Concessionaire's sole expense, required signs at all public approaches to the facility. All signage, advertising, and posting shall be approved in writing by the Director of Parks and Recreation Division or his designee. Parks and Recreation staff will remove unapproved signs. 19. Closure of Facilities - Loss of Equipment: If closure of the facilities or loss of equipment to some but not all of the facilities or equipment are due to fire damage, flood, hurricane, civil disorder, strikes, act of God, etc., the Concessionaire shall notify the County in writing within twenty-four (24) hours after the commencement of such event, stating the cause or causes thereof. If Concessionaire fails to provide the required notification, the Concessionaire will be deemed to have waived any right which Concessionaire may have had to request a pro -rated adjustment of monthly payments up to the time the damage is repaired, or other circumstances return to normal as agreed upon in writing by Concessionaire to the Director of Parks and Recreation Division or his designee. 20. Commencement of Operation: Open for business to the public no later than thirty (30) days after the approval of the Contract by the Board of County Commissioners or until the Contract is entirely executed whichever is first. 21. Fees: The fees shall be subject to reasonable regulation by the Director of Parks and Recreation Division or designee. [2] c.� acoR" CERTIFICATE OF LIABILITY INSURANCE DAT/21/WYYY) o8izu20ls THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Hiscox Inc. 520 Madison AvenueD 32nd Floor New York, NY 10022 _ CT CNAME PHONE (888).202-3007 a NO: l ADDRESS. contact hiscox.com INSUR S AFFORDING COVERAGE NAI0# INSURER A: Hiscox Insurance company Inc 10200 INSURED PICKLEBALL ENTERPRISES LLC 8187 SANCTUARY DRIVE UNIT 2 NAPLES FL 34104 INSURER e : INSURERC: INSURER D : INSURERE: INSURER F: PCL]TLCII•ATG a11LMRGV. WL vv.niUm LaUTAQGR: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR�ypE LTR THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN AUDEOPINSURANCE S POLICYNUM BER PMIW EFF PO C EXP LIMITS COMMERCIAL GENERALLIASiLtTY EACH OCCURRENCE S 1,000,000 E S Ea-DneeellS 100,000 CLAIMS -MADE ® OCCUR MED EXP (Any one erson $ 5,000 A Y UDC4523271-CGL-18 01/01/2018 01/01/2019 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATELIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 PRODUCTS- COMP/OPAGG S SfrGen. g. PRCT O- LOC POLICY E:1 S JE OTHER: IE M..tl SINGLE MB $ AUTOMOBILELIABILI Y BODILY INJURY (Per Person) $ _ ANYAUTO BODILY INJURY (Per aoddent) $ ALL OWNED SCHEDULED AUTOS NON -OWNED PROPERTYDAMAGE $ P de HIREDAUTOS AUTOS S UMBRELLA UABHCLAIMS4AADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS (JAB DEO I I RETENTIONS Try_ $ WORKERS COMPENSATION 3TATLfiE ER E.L. EACH ACCIDENT S AND EMPLOYERS'LIABILRY YIN ANIPROPRIETOR/PARTNERIEXECUTNE EL DISEASE • EA EMPLOYEE $ OFFICER/MEMBEREXCLUDED? ❑NIA (Mandatoryin NH) EL. DISEASE -POLICY LIMrr I: If you describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached N more apace Is MgUbed) Collier County Board of County Commissioners are listed as Additional Insured on the Commercial General Liability Policy on a primary bases for any and all contract work performed in Collier County subject to the policy terms and conditions. L,cm a Irn.a L c nvL.ucrc --- Coliie County Board of County Coinrri)sslonsPs SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 3299 Tamiami Trail East Naples, FL 34112 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIMOREPRESENTATIVE ltil'IJOO-LV rY MVVI�L VVr�r V.v+,.V.�. r.,...y......_�_..- ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD PIC1<FNT_n1 l(PnnnFPR 7 ACOROA CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)11/1/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER AP intego Insurance Group, LLC 1601 Trapelo Rd Suite 280 Waltham, MA 02451 CONTACT NAME: PHONE FAX (AIC, No, Ext): (A/C, No): ADDRIESS,support@apintego.com INSURERS AFFORDING COVERAGE NAIC # INSURER A : Amtrust*** 13512 EACH OCCURRENCE $ INSURED INSURER B: Travelers*** 99999 INSURER C: PICKLEBALL ENTERPRISES LLC INSURER D: 8187 Sanctuary Dr. #2 Naples, FL 34104 INSURER E INSURER F: e`(1\/FRAr2FC r..FRTIFICATF NI IMRFR• RFVISION NIIMRFR' ---_. -..--- ------ -------------__.---- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR L TYPE OF INSURANCE ADDL D SUBR WVQ POLICY NUMBER POLICY EFF DD POLICY EXP DD LIMITS AUTHORIZED REPRESENTATIVE COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 0 OCCUR EACH OCCURRENCE $ _ DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP (Any oneperson) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JECT O-❑ LOC OTHER: GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO OWNED L SCHEDULED AUTOS ONLY AUTOS AUTOS ONLY AUTOS ONI� Ee accl,dentSINGLE LIMIT $ BODILY INJURY Perperson) $ BODILY INJURY Per accident $ PROPERTY DAMAGE Per accident $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ $ A WORKERS COMPENSATION EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEM BER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A TWC3742372 10/10/2018 10/10/2019 X STATUTE EORH AND 500,000 E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ 500'000 500,000 E.L. DISEASE -POLICY LIMIT $ B 3rd Party Crime Bond 107003047 10/30/2018 10/30/2019 Limit 50,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project Number #18-7351 CERTIF!CATF HO DEP CANCFI I ATION ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier Count Board of Count Commissioners Y Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3299 Tamiami Trail East Naples, FL 34112 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD