Backup Documents 03/24/2020 Item #16D 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 0 2
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2. /
3. County Attorney Office County Attorney Office JAB 3/24/2020 ✓
4. BCC Office Board of County !3:kCommissioners " 2 4)5'43
Clerk of Court's Office
5. Minutes and Records T�rn *420*420 (2Vpirn
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Matthew Catoe Contact Information 239-252-4059
Contact/ Department
Agenda Date Item was 3/24/2020 Agenda Item Number 16.D.
Approved by the BCC
Type of Document Lease Agreement Number of Original
Attached Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature`TAMP OK 0 (�
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be MC _
signed by the Chairman,with the exception of most letters,must be reviewed and signed „ C7.V�r)
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's MC
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the MC
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MC
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of you deadlines!
8. The document was approved by the BCC on 03/24/2020 all changes made during WM. 1/1As is not
the meeting have been incorporated in the attached document. The County CS option for
Attorney's Office has reviewed the changes, if applicable. line.
9. Initials of attorney verifying that the attached document is the version approved by the A is not
BCC, all changes directed by the BCC have been made, and the document is ready for the an option*
Chairman's signature.
16132
MEMORANDUM
Date: March 25, 2020
To: Matthew Catoe, Operations Analyst
Parks & Recreation Department
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Lease Agreement between the District School Board of Collier
County and Collier County for continued use of property at
Corkscrew Elementary & Middle Schools
Attached for your records is a copy of the document referenced above, (Item #16D2)
approved by the Board of County Commissioners on Tuesday, March 24, 2020.
The original has been held by the Minutes and Records Department for the Board's
Official Record.
If you have any questions, please contact me at 252-8406.
Thank you.
Attachment
1 6D
LEASE AGREEMENT
(Corkscrew Elementary &Middle School Site)
This Lease Agreement ("Agreement") entered into this a4 day of TOOAci,"‘ , 2020, by
and between Collier County, a political subdivision of the State of Florida, (the "County") and
the District School Board of Collier County, Florida (the "District"), together the "Parties". For
good and valuable consideration, the receipt of which is hereby acknowledged, the Parties
hereby agree and contract as follows:
SECTION I - LEASED PREMISES.
1.01 The District shall lease to the County certain property owned by the District and located
at the Corkscrew Elementary & Middle School site in Naples, Florida, consisting of the softball,
baseball and soccer fields and also the racquetball, tennis and basketball courts, as depicted on
Exhibit"A" (the "Leased Premises").
SECTION II -TERM.
2.01 The District agrees to lease to the County and the County agrees to lease from District the
Leased Premises for a term of five (5) years, commencing on April 11, 2020 and terminating on
April 10, 2025. The Parties recognize that they are providing needed public park facilities under
the terms of this Agreement and that they may desire to extend or renegotiate this lease at its
expiration, provided that the District does not need the Leased Premises for District operations,
purposes or facilities.
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16D2 .
SECTION III - CONSIDERATION.
3.01 The County has constructed and maintains certain recreational facilities on the Leased
Premises. The District shall not charge any fees to County for the use of any of these facilities,
except for the cost of utilities arising from the County's use of such facilities.
SECTION IV—REPAIRS AND MAINTENANCE
4.01 The County shall be responsible for repairs and maintenance of all improvements and
facilities located on the Leased Premises which shall include, but not be limited to, the following
items: lighting, irrigation, mowing, and clay work. Repair and maintenance shall be in
accordance with County Park standards and/or District, County, State and Federal legally
required standards, as applicable.
4.02 The County shall have the right to replace or remove improvements and facilities on the
Leased Premises, provided that the District approves the replacement or removal in writing and
receives at least three (3) months notice of such a change. The County agrees to repair and
restore the Leased Premises in the event of any such removal. The District's approval shall not
be unreasonably withheld with respect to any requests made by the County to replace or remove
the improvements or facilities located on the Leased Premises.
SECTION V - USE.
5.01 The District shall have priority use of all facilities on Leased Premises during regular
school hours and for special school-related events or programs at times other than regular school
hours, provided that such special events are scheduled in writing at least thirty (30) days in
advance with the Collier County Parks and Recreation Director or designee. The County shall
have the right to use the facilities on the Leased Premises after regular school hours, Monday
through Friday until 10:00 p.m. and on weekends, Saturday and Sunday and also days when
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school is not in session (e.g. holidays and summer vacation) from the hours of 6:00 a.m. until
10:00 p.m.
SECTION VI—SUPERVISION & CLEAN-UP.
6.01 The County and the District shall each provide adequate personnel to supervise (and
clean-up) the use of the facilities during their respective times of use of the Leased Premises in a
manner that promotes community health, public safety and proper preservation of the public
facilities. The District reserves the right to temporary or permanently restrict or prohibit use of
the Leased Premises or any portion thereof, if the County (or its guests, users or invitees) fails to
adequately supervise, preserve, maintain or clean-up the Leased Premises.
SECTION VII - CAPITAL IMPROVEMENTS.
7.01 The County may construct capital improvements and install additional equipment to
improve the existing facilities on the Leased Premises provided that such improvements or
additions are not in conflict with school use and are approved by the District in writing and in
accordance with the terms of this Agreement. The County shall be solely responsible for any
and all costs associated with such improvements or additions. The District shall have the right to
review and approve, prior to construction, the plans, specifications and location for the
placement of all equipment, facilities, and capital improvements upon the Leased Premises and
such approval shall not unreasonably be withheld.
SECTION VIII - FENCING AND GATES.
8.01 The District shall have sole discretion over the control, operation and location of all
fences and gates located on the Leased Premises. The County shall be given access through all
gates necessary to use the Leased Premises in accordance with the terms of the Agreement.
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SECTION IX—SCHOOL ADDITIONS & PORTABLE CLASSROOMS.
9.01 The County acknowledges and agrees that the District shall have the right to build
additions and/or install portable classrooms or make other improvements and modifications on
the leased Premises for school-related purposes. In the event that the District elects to make
such improvements, installations and/or modifications, the District shall notify the County with
at least ninety (90) days written notice and shall make reasonable efforts not to adversely impact
(or terminate)the County's use of the Leased Premises.
SECTION X - INDEMNIFICATION.
10.01 To the extent provided by law, each Party agrees to hold harmless, indemnify and defend
the other Party including its agents, officers, directors and employees for any and all claims,
losses, penalties, demands, judgments, costs of suits, including attorney's fees, for any expense,
damage or liability incurred, whether for personal injury, property damage, direct or
consequential damages, or economic loss arising directly or indirectly arising from or in
connection with the use of the Leased Premises under the terms of this Agreement, except for
such damage or liability which is caused solely by the negligence of the other Party. This
indemnification shall not be deemed a waiver of any limitation of liability to which either Party
may be entitled under Florida Statutes.
10.02 The County and the District shall maintain insurance coverage in the minimum amounts
and types as required under State law. The County and the District agree that either party may
be self-insured on the condition that all self-insurance(s) must comply with all State laws and
regulations.
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16D2
SECTION XI - TERMINATION.
11.01 The District and the County may, at any time, and for any reason, terminate this
Agreement upon ninety (90) days written notice to the other Party.
11.02 In the event the Agreement is terminated, the County shall have the right to remove any
and all structures, improvements and equipment that it has constructed or installed upon the
Leased Premises upon forty-five (45) days of written notice to the District. The County agrees to
restore the Leased Premises in the event of any such removal. With respect to those capital
improvements upon the Leased Premises that were paid for solely by the County and are
permanent and not removable, the District shall reimburse the County for such improvements in
accordance with their remaining depreciated value. The reimbursement shall be made during the
next budget year and shall be in the form of actual cost of said capital improvements depreciated
by twenty percent (20%) per year from the date of construction, however, no reimbursement
payments shall be required of the District after the improvements have been in use for five (5)
years.
SECTION XII - EFFECT ON OTHER AGREEMENTS.
12.01 This Agreement is not intended to replace or otherwise amend or modify any agreements
executed by the Parties other than that certain Agreement for the use of property located at the
Corkscrew Elementary& Middle School site, dated April 11, 2000.
SECTION XIII -ARBITRATION.
13.01 In the event that the Parties disagree regarding the interpretation of this Agreement,or the
fulfillment of obligations required hereunder, either Party may request an appeal to the
Superintendent, or County Manager, as applicable. Should the problem not be resolved to the
mutual satisfaction of any Party, it shall be submitted at the request of either Party to binding
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arbitration in front of a three person panel according to the rules of the American Arbitration
Association.
SECTION XIV - ASSIGNABILITY.
14.01 The Parties shall not assign any interest in this Agreement without the prior written
consent of the other.
SECTION XV - AMENDMENT.
15.01 This Agreement embodies the entire Agreement between the Parties and may not be
modified unless in writing, executed by both Parties.
SECTION XVI - CHOICE OF LAW.
16.01 This Agreement shall be interpreted in accordance with the laws of the State of Florida. It
is recognized that all Parties hereto have contributed substantially and materially to the
negotiations and preparation of this Agreement, and that the Agreement shall not be interpreted
more harshly against one party by virtue of its preparation.
SECTION XVII—SEVERABILITY.
17.01 In the event that any provision of this Agreement is held to be illegal, invalid or
unenforceable under present or future laws, such provision shall be fully severable. This
Agreement shall be construed and enforced as if such illegal or enforceable provision had never
compromised a part of this Agreement, and the remaining provisions of this Agreement shall
remain in full force and effect.
SECTION XVIII - EFFECTIVE DATE.
18.01 The Effective Date of this Agreement shall be the date that the last signature as set forth
below.
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16D2
SECTION XIX - NOTICE.
19.01 Any notice required to be made under this Agreement shall be made in writing and either
hand delivered or delivered by overnight courier or facsimile transmission, or sent by registered
or certified mail, return receipt requested, and addressed to the following: District School Board
of Collier County, Florida, c/o Superintendent, 5775 Osceola Trail, Naples, Florida 34109;
Collier County, c/o County Manager, 3335 East Tamiami Trail, Administrative Building, Naples,
Florida, 34112.
SECTION XX -BINDING ON THE PARTIES.
20.01 Each Party hereby represents and warrants to the other that the execution of this
Agreement and any other documents required or necessary to be executed pursuant to the
provisions hereof are valid, binding obligations and are enforceable in accordance with their
terms.
IN WITNESS WHEREOF, the Parties hereto have caused the Agreement to be executed by their
appropriate officials, as of the date first above written.
ATTEST: .;., ,..
CRYSTAL K. KIN.ZEL-„Clerk BOARD OF COUNTY COMMISSIONERS,
" ••• w COLLIE OUNTY, FLO DA.
BY: _f •�� _ .� E.
'Deputy r41 rk,�7 By: •
ashi et to � ,f Burt L. Saunders, Chairman
App ed as to tite Corm and legality:
JenniferA. Belp 'o \ofr
`' Item Item#
Assistant County ttorney
Date 0.0
Data .-ac
Rec' ,o
7
t eputy c
1 602
THE DISTRICT SCHOOL BOARD OF COLLIER
COUN Y, F1 ORIDA
ATTEST: By: / ,
Step 7.nie Lucarelli, School Board Chair
vi, 7fr,,,--
Dr. Kame a Patton, Superintendent
Approved as to form and legal sufficiency:
BY: ' ' Y\ VWA-4.0
J n Fishbane, District General Counsel
8
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EXHIBIT A
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, ....., , ..,,, ,.. 40,,,,... ,,,,.. 4,711,....,ire,_, :e. ,,,,,... ra , 1 i t.„...4.041kiror„it
N��l ,Snllhatl Field naquelbali Cour15 18aceball Field
*Tennis Court
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"asko[bal!Courts
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Soccer Field
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Corkscrew Midi)t!%'8'C9�`iiibl,..„ V• j•
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EXIIII3IT A
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,.- 1-1-2000 1 6 0 2 I
..,40,f'':, AGREEMENT i
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0 ;.,c; ^. THIS Agreement,made and entered into this Ui day of dt4 �� ;.
�,�� 2000 by and between the Board of County Commissioners, Collier County, Florida, a • '''
1 .F` political subdivision of the State of Florida, hereinafter called the COUNTY, and the
,• 4,-.• DISTRICT SCHOOL BOARD OF COLLIER COUNTY, Florida, hereinafter called the
SCHOOL BOARD. i
..�eJ�,'•: 'ft;
WITNESSETH i,
:Ng; WHEREAS, the COUNTY, in cooperation with the SCHOOL BOARD wishes to1
• ;; ; upgrade and improve various SCHOOL BOARD recreation fields and/or facilities in i'' 1
s•'°:a',' 1 exchange for usage of said fields and/or facilities for COUNTY recreational usage for benefit 1
:;;fir<.a of the public,hereinafter referred to as the"Project',and
414r I.
:,..,'�„ ;: WHEREAS,the SCHOOL BOARD wishes to engage the services of a firm capable of
•,”41---P;
*i» performing the work related to the Project,hereinafter called the CONTRACTOR,and
.4),;J.y!,...." WHEREAS, the COUNTY desires to compensate and have the SCHOOL BOARD 'l; '
4,?if.'1• engage said CONTRACTOR for the Project; and
•, + , ; y' ; , :: WHEREAS,the SCHOOL BOARD is agreeable to and desirous of undertaking such
-1:50,_.!,•:,1?.4. - services for COUNTY in connection with the Project,and ' ,
`''"''••`` WHEREAS the COUNTY is agreeable to and desirous of providingfundingto the
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jv ;. SCHOOL BOARD in connection with the Project as described herein;
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•,: t: : ' NOW, therefore, in consideration of the promises and mutual covenants hereinafter
• :Ir;ti - contained,the SCHOOL BOARD hereby agrees to undertake said services in connection with !' 1
'• the Project as outlined below and both the COUNTY and the SCHOOL BOARD hereby lil ;
•.!'...1'w.'1',. covenant each to the other to implement the Project concurrently subject to the terms and•
j j`.I'
0 ,T provisions as hereinafter contained. j,
• I
`•- r Ar : SECTION I. DESCRIPTION OF SERVICES AND TERMS OF USE
i - 1.01 The identity and locations of the recreation fields and/or facilities where set-vices are ,
.."'•:-•••• to be provided shall be as per Exhibit "A", attached, and incorporated herein by 1
1. `�1'i reference.If additional locations are added to the original list as•per Exhibit"A",they It,.1
_:;:..,,_; shall be mutually agreed upon in writing between the SCHOOL BOARD and the !`'"1
County Parks and Recreation Director or their designee. a! i'
a
26 .:. . • 1.02 A description of the services to be provided under this Agreement as well as the cost +
• ,';..',..1!!&'''' • for each service shall be as per Exhibit "B'.' attached and incorporated herein by !
= reference. �'
2.'i.;', —1.03 It is further agreed by the SCHOOL BOARD that the COUNTY'shall have the usage
of and oversee the facilities listed in Article 1.01 above, after school hours,Monday '.,,; 1 l
•
, through Friday, 3:30 p.m. until 10:00 p.m; and on weekends, Saturday and Sunday
,,:u
44,:s• , from the hours of 6:00 a.m.until 10:00 p.m., and days when school is not in session, 11,
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including but not limited to summer break and holidays. '
;;;.pi;, : 1.04 The COUNTY and the SCHOOL BOARD agree that the middle school restroom k!
°w>'• facilities with direct outside access shall be made available to the public during the
l' periods when the facilities as described in Section 1.01 are in use by the COUNTY,
-.�{r'k',; for the days and time periods as described in Section 1.03.It is understood and agreed
ss.u .
.•;.:..1:.'• that SCHOOL BOARD will have no obligation to open schqul buildings to create. ; i
+'' public access to restrooms at any time. •r ;,
i4 I
:arm'•-:. 1.05 The COUNTY, at its expense, shall repair and maintain the fenced-in area plus ten ^'
" '.y ui,o, (10) feet beyond the fence, on the softball and baseball fields. COUNTY, at its i
,�1:1?,J expense, shall also repair and maintain the soccer fields inside asphalt track. Repair • 1
'‘.::-!:•:e,'..-1:.,1 and maintenance shall include the following items: Lighting, irrigation,mowing,clay
•�a['`i:.; work.,Repair and maintenance on these items shall be in accordance with COUNTY
,'.�...: park standards. The COUNTY will also repair and maintain the lighting on the 1'1 I
•,1.10.„11i, basketball court at COUNTY's expense. COUNTY shall be able to maintain and
i. 1 6Q 2 :
:.".'; i—a -2000
repair said areas during regular school hours on a schedule to be coordinated etween
''ti-'•!:,'!•,,.! representative or their designee sand the SCHOOL BOARD
r the COUNTY p I
:• 1-•; representative or their designee.
=y::e�q
1.04 It is further agreed by and between the SCHOOL BOARD and COd UNr TY that dwhene
I• ^; ,�;: the hardcourts (tennis, basketball and llckbetweenothe SCHOOL BOARD ands theI
•
• s.t;.. cost of doing so shall be shared equally y i
• " COUNTY.
':,i':•".1 SECTION II. T B 1 ±,
"'�'""' 2.01 Except as this Agreement may otherwise be terminated, this Agreement shall remain
.;R:-,;, twentyyears from that ;
�,";.. in full force from the date first above written and shall terminate (20)
...::;,'N,, date unless as provided in 2.02.
i'jHy+kr';4,
As- 2.02 On or before the expiration date of this Agreement, the Parties may extend this riii!,
• `t' Agreement by mutual agreement under all of the terms and conditions contained herein for an I I,
r additional •multi-year period to be determined by the COUNTY Parks and Recreation Director •
• "; d": or their designee and the SCHOOL BOARD.
!'r{i,G-,,:". • : mayterminate this•Agreement with reasonable
-;Fp,�1 2.03 The COUNTY or SCHOOL BOARD Bs
w' cause or by mutual agreement prior to the expiration of this Agreement,upon sixty(60)days i.
' i prior written notice each to the other. In the event of such•termination by either party, the !'
• • ,i;;+;• COUNTY shall be entitled to pro-rata compensation for the cost of improvements provided,
$:•y;+ 1 '
•,- .4..:.r• based on a twenty(20)year depreciation schedule.The COUNTY shall not be entitled to any
•i:,I-;i: '- compensation after the twentieth year,
VI: ii
{ 'r".:?!..,:- SECTION HI. SCHOOL BOARD'S RESPONSIBILITIES
;::°:t.'., ' 3.01 The SCHOOL BOARD shall assume the entire responsibility for contracting with the i
•'! CONTRACTOR for the Project described herein. li
i
' a
;., . 3.02 The SCHOOL BOARD shall be responsible for management and oversight of the
,iF, Project, j.'
•, vitt:i;,('•, .. 3.03 The SCHOOL BOARD agrees to assign a representative to the Project during the term I
It�.: ' of the project so that the COUNTY may effectively coordinate its services with SCHOOL
. . ••'f?,•%:t; - BOARD, hi this respect,the SCHOOL BOARD agrees to require its representative or agent '1
• •+.:.ria=,��,,
'�A to attend regular progress meetings as may be reasonably requested by the COUNTY.
vt std f1;
,;:i4.i • 3.04 The SCHOOL BOARD agrees to administrate,in the form of plans,memoranda and ;
• qi.p..; reports,Project clarifications and changes which may be necessary during the Project. If any
.4s: ' such changes exceed the contract amount authorized by this Agreement,:the SCHOOL I I•
• ;•141,....,. ,i'• BOARD shall notify the COUNTY'S representative, and if the COUNTY'approves such ; I
,•.^T. •;r . changes in writing, and agrees in writing to reimburse the SCHOOL BOARD for the j I,
• ' M1„,``.:' _additional costs, the SCHOOL BOARD shall forthwith prepare Change Order and/or i' I
LL ;;; Supplemental Agreement documents as appropriate. The above notwithstanding, the I j
• {``'""`
• , COUNTY additionallyauthorizes the SCHOOL BOARD to prepare, execute and implement
,,µ,lac:
�rstt', minor Change Orders to the Contractor for work changes necessitated by the Project so long
ill .7 as the contract amount authorized by this Agreement is not exceeded.
:,;, 'N;; . 3.05 The SCHOOL BOARD agrees to obtain required waivers and releases of claim of lien ;
" 5'` from persons and firms performing work or providing services on or for the Project.
"ryY.;, SECTION IV. COUNTY'S RESPONSIBILITY
."Y.k..,;. 4.01 With respect to specific services to be provided to the SCHOOL BOARD by the li
41V COUNTY under the terms of this Agreement, services are deemed to include but
0 . !!r shall not necessarily be limited to the following items
-' 4,02
a:;> The
.;}.44,t COUj�NTA,s
&'rd': Project so agrees t0 assign a r
.,:,,v BO that the COQ epresentatiVe tot ;
,,;, ,, BOARD. In this ?YC Y effectively coordhneprojeet dUr1Ag the term of
,.,����� +.. . to attend regular r�Pect,m etin re •
with BO Progress IJI�rY agrees to 2ts •services the I l;
gs as may reasonably beae9uesPits reresentativeor�g�t 1
ed by the SCHOOL j •
1 i .
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1 602 y� ,,
. ;,j�F,,,•'S{,'. I-1-2000 1
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•' ��'•`� 4.03 The COUNTY shall provide reimbursement to the SCHOOL BOARD of the actual
• i •. . ', �,;i1a;.., costs of the Project up to and including the sum of five hundred fourteen thousand five
••:r. .,.:,,; hundred fifty four dollars($514,554.00)
ri r" ;ti: !I?
a 4.04 In the event that the COUNTY should desire additional services as necessary and I
I ' +r i. mutually agreed upon under this Agreement in addition to those identified in Exhibit i !'
"4•`i 'B",and which would exceed the contract sum of five hundred fourteen thousand five
• •�,i.:, hundred fift four dollars $514 554.00 Su lemental[A eement documents for this i4,!
• 'rAti.i Y ( )� PP gr
-:. . Agreement must be issued by the COUNTY for said additional services,and shall be !• i•
a':" authorized in writing signed by both the COUNTY'S representative and the SCHOOL
'1i1,. BOARD in compliance with the then current COUNTY Purchasing Policy. ' 'i i i'
""'=• 4.05 The COUNTY shall regularly and periodically examine, with the SCHOOL '' i!�
"h-' BOARD's representative, requests for payment(monthly pay estimates) as submitted 1�
:.•q4 i.i.•,: to the COUNTY by the SCHOOL BOARD'S contractor to determine that they are in
i;,1 r.:. order for payment and consistent with the contract documents entered into between
p'• the COUNTY and the SCHOOL BOARD. When such requests are deemed to be in
•'''';"' proper order the COUNTY shall certify that to the best of its knowledge, the quality !'
:;...E' 1
and quantity of work performed is in accordance with the Project services and shall f,
transmit them for payment to the COUNTY Finance Director as part of the payment i I;,
•"ti: .i.: process for the Project. i
;;;,_. 4.06 Upon completion of all work associated with the Project,including all Change Orders '4 ,
'` • and Supplemental Agreements thereto, make a final review of the Project with the 1 !
•
!,•',0:!,. SCHOOL BOARD's agent or representative. I
.1.. 4.07 The COUNTY shall have the right to inspect any work done for the Project and shall• I•
...;. ";:" have access to the site at all times. 'ir
' 4.08 The COUNTY reserves the right to make a final inspection and approval of any work !!
d'_%::,. done for the Project prior to making payment. 1
'; {' i cI
SECTION V. INDEMNIFICATION Iii
';:,1,, fnii•
�.... . w 5.01 To the extent permitted by Florida law, the SCHOOL BOARD and the COUNTY0 1
1'=' shall each defend indemnify and save the other harmless from any and all claims, liability, JO
nlosses and causes of actions arising out of any act,error,omission,or negligence arising from
.,,.4",-:i
or incident to the parties' performance under this Agreement. Neither party shall be
'',1"�q'.; responsible for any incident arising from the sole negligence of the other.
•:,,iy This provision shall also pertain to any claims brought against the parties by any employee of '
`.tt�`' the named parties, any sub-contractor, or anyone directly or indirectly employed by any of jq 1
F
�, ia them.
• c•'
',tl int III
• ;K,�,, , The parties'obligations under this provision shall be limited to the extent provided by Florida i
a;l;•yti::. law. �i
,t.'0;S:%�;. . SECTION VI. INSURANCE j�'
.cL- i••
•
''F"g“;" 6.01 The COUNTY and the SCHOOL BOARD shall maintain insurance coverage in the j
#P : minimum amounts and types as required by Florida Law.
erg,i,,'.
. 't it . 6.02 The COUNTY and the SCHOOL BOARD agree that either party may be self-insured
:S``' t. on the condition that all self insurance(s)must comply with all state laws and regulations.
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; i
••.1 i.,-"at • SECTION VII. REPRESENTATIVES
' h+ 7.01 The COUNTY Parks and Recreation Director,or their designee,either directly with the
".'_ '
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SCHOOL BOARD Director of Facilities Planning or their designee shall, respectively, �
act as the COUNTY'S and SCHOOL BOARD's contract authority and representatives
under this Agreement. I' '
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1602 ,
,.„..a.:::,,, I—1-2000
-'.itl; SECTION VIII. PAYMENT {
:1,;',/„,',.Z.-- 8.01 The COUNTY shall pay unto the SCHOOL BOARD the amount of COUNTY'S cost
of services pursuant to Article 4.03 and 4.04 above. Payment will be made upon receipt of a �lA,
proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the
• '3:.'.' '' "Florida Prompt Payment Act". I'!
• •' ' SECTION IX. ]vfISCELLANEOUS }•
'�• rL. 9.01 This Agreement shall be governed by the laws of the State of Florida.In the event any
. • ;�::1:,;,•., litigation is instituted by way of construction or enforcement of this Agreement the . i
`' ,.. party prevailing in said litigation shall be entitled to collect and recover from the
`°'',' ''r' opposite party all court costs and other expenses including reasonable attorney's fees.
!':;:.''.
114'2'•; 1 '
.ter!•:,' 9.02 It is understood that this Agreement shall be executed by both parties prior to the
SCHOOL BOARD and the COUNTY commencing with the work and services
-1,,;- described herein. I
9.03 This Agreement contains the entire understanding between the parties and any e
444 modifications to this Agreement shall be mutually agreed upon in }writing by the
? '!'`,;• SCHOOL BOARD and by the COUNI'Y's designee, in compliance with the then '
~�' current COUNTY Purchasing Policy. •
• r�,_"_ty ; IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by rr i'
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. their appropriate officials,as of the date first above written. ,1
t•;;1•,r.r
�'i„`v AS TO COUNTY: 1-/f 1-dit/c6 BOARD OF COUNTY COMMISSIONERS •¢{ 1
f;It :7,COLLIER COUNTY,FLORIDA 11} i
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er4". ATTEST: tv I
?` ; UGHT E.BROOK,CLERK • t'
'OP .1:;:141. ii •• z• •t, '- - •I - i fp— 10---/-14.)44 , b•6 - AP" 'i ( 1 ?i
• ,h;: = !At t6,5 536 Chairman's J.C� A ,
., ,:,• = slgpiz l�ri.on:l 'U' •• �1
-ti;.., APProVed a5 to orm and legal sufficiency ,
• tit,-..,-. .r., m,n— i j
=•2+rF;.: '• .:vIaytd C.Weigel ,
,•• r,.4. . 'County Attorney
• " AS TO THE DISCTRICT SCHOOL BOARD
:.• ; :' . OF COLLIER COUNTY:
•,. r__::_i.;. • r is
:,Srvi:; SIGNED,SEALED AND DELIVERED DISTRICT SCHOOL BOARD
• •'r";".`:: ' _ OF COLLIER COUNTY, i
••f'tr''' IN THE PRESENCE OF: NAPLES,FLORIDA
ATTEST: 1
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=`t"'" i SUPE NDENT O SCHOOLS i
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DR.DAN W.WHITE :ARBARA J.�='T H j
P ,•
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CHAIR
r,-,i,;.s.j--;'- Approved as to form and legal „"•1 1
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•
+�'^r` Joh Ola er s IN
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Di ct School Board of C.11ier County Attorney ,
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Page 1 (,. I f'
BID PROPOSAL FORM ' � :
I!
Corkscrew Elementary School (Softball Field)
Site Work I
Cab Add 1n PVC water service to both softball dugouts with hose-bibb. I
Cost: $4,575.00 I
I
Chain Link Fence l
IM
Item 2. Add 4'chain link roof canopy extension over the existing back stop. P
Cost: $2,425.00 "' 1 '
r
Items Add one (1) 12' wide double swing service gates on right side of the ; I
field toward to the end of the field. ,
Cost: $716.00 C110
Item 4\ Add 8' (W) x 10' (L) x 6' (H) chain link fence enclosure for housing
rillthe ballfield electrical equipment. Top of the fence structure shall ( ay
be enclosed with chain link fabric and supports. See existing ( , I
softball field light electrical stub out for location of this enclosure. s. l' ;
I
Cost: $1,268.00
. I
Item 5. Add chain link fence enclosure at two (2) softball dugouts per a I4 d
BRPH's design. IN I
Cost: $1,985.00 - i
1g1
Equipment ;'
Add two (2) foul pops. Foul poles shall be galvanized pipe-with !'
sch 40 pvc pipe outside, behind field..,See civil plan for locations. 1 1
Cost: $2, 910.00 111
1
111
Dugouts i
,
a �
1; j
Item 7. Add two (2) dugouts structures per BRPH's design, complete with I I
concrete slab and foundation, support structures, roofing, trims and 1, f
benches. I'`
Cost: $23,510.00 �
M
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1 6 0 2 L.
EXHIBIT "B" � I,
• 11
.
Page2 ( I 1IN;
V.
Drinking Fountain
Item 8. Add two (2) drinking fountains per BRPH's design to both softball !` '',
dugouts with drywll. I'
Cost: $6,683.00
I`
.
Softball Field Lights ; i
Item .. Add the complete softball field lights per BRPH's design. I .1
Cost: $116,602.00
Li
Electrical i
tem 10> Add one (1)'110v electrical outlet to home side dugout.
Cost: $21_00
Ili'
02 , Middle School "AA"IBaseball Field) I.•
r
I^
Site Work 1
(0c Add 1" PVC water service to dugouts with hose bibb. r
Cost: $4,575.00 - 01
ill
an* Add asphalt apron behind backstop and dugouts per Sheet 4 (Site �
Layout and Geometry Plan) by HMA •
Cost $15,302.00
Chain Link Fence I.
ltetn.l3. Relocate the two (2) 10' wide service gates on both sides of the 1. 1
field:—
Cost: This.should be a no cost change since the gates have not
been installed. (a
I.
Add 8' (w) x 10' (L) x 6' (H) chain link fence enclosure for housing i'
the baseball field electrical equipment. Top of the fence structure
shall be enclosed with chain link fabric and supports. This i
enclosure shall be located as shown on sheet 4 (Site Layout and
Geometry Plan) by HMA. . , }i;
Cost: $1,268.00 `;'
Item 15• Add chain link fence enclosure at two (2) baseball dugouts per ( li..
li) BRPH's design.
Cost: $2,645.00 {_ �
602
EXHIBIT "B"
i
• Page3 I i i
Equipment f"
, i
Item 16: Add two (2) foul poles. . Foul poles shall be galvanized pipe with !'
sch 40 pvc pipe outside, behind field. 1,
Cost: $2,910.00
Dugouts 0
I Y
I
t ii• I
Item 17. Add two (2) dugout structures per BRPH's design, complete with !i
concrete slab and foundation, support structures, roofing, trims and
benches. '
Cost: $29,230.00
�t
11,
Drinking Fountain
Item 18. Add,two (2) drinking fountains per BRPH's design to both baseball !
dugouts with drywall. 11
Cost: $6,683.00 1
i
.4111 Baseball Field Lights
Item 19. Add the complete baseball field lights per BRPH's design. To '
include the 600.amp service for the baseball field, soccer field, It
4basketball.courts and tennis courts. I
Cost: 4^
Electrical 3a,41i a t'I'
Item 20. Add two (2) T electrical conduits with pull string for future score l !
board, per location shown on BRPH's electrical plan. 1
Cost: $5,524.00 I ':,
tem 21. Add one (1) 110v electrical outlet to home side dugout. i Ir'i
• Cost: -$243.00 I f
Middle School "AA" (Basketball Court)
Basketball Court Lights
I '
Item 22� Add the complete basketball court lights per BRPH's design. 1
Excludes service panel, which is included in baseball field lighting
!I° cost. ( '
Cost: $13,460.00 (
rill:'
II '
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. --.. ,
- 16 I
D2 ,
EXHIBIT "B"
0 Page 4
Middle School "AA" (Tennis Court)
r .
Tennis Court Lights w
Item 23. Add the complete tennis court lights per BRPH's design. Excludes
service panel, which is included in baseball field lighting cost. f
Cost: $47,113.00
i
4, Corkscrew Elementary School & Middle School "AA" , I
Side Walk il'
ill ,
Item 24'.A _ . Add 5' wide side walks at the south property line of both schools, 1''
per HMA's design.
Cost: Furnished as Proposal Request: it
p
Soccer Field Lighting
diallillo Add complete Soccer Field Lighting as per BRPH's design. 5
Excludes service panel, which is included in baseball field lighting
10
Cost. (
C �l
Cost: $94,226.00
Miscellaneous Items
Item 26. Add Clay Storage Structure per Alternate #4, Addendum#4 of
BRPH drawings.
Cost: $5,573.00
Item 27. Provide Irrigation ALT. #1. Furnishing modifications to Corkscrew ,'
Elementary Softball Field and addition of irrigation well #2.
Cost: $23,284.00 t,
I 16
Item 28: If all electrical items are accepted please deduct 4% from each item I `
containing electrical.
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