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Backup Document 02/22/2022 Item #16D 4 1iO4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 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. Jeffrey Newman Operations & Veterans 3/4/22 Services 2. Jennifer Belpedio County Attorney Office (� 3 ( Y 3. BCC Office Board of County 'C' Commissioners W/1 Ly /1 3///22 4. Minutes and Records Clerk of Court's Office 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 Jeffrey Newman Phone Number 252-4027 Contact/ Department Operations and Veterans Services Agenda Date Item was 2/222iel. N Item 16D m Approved by the BCC �v Type of Document Conservancy of SWFL Agreement Number of Original • 1 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 ppl' .s I. Does the document require the chairman's original signature? °Y\ S OK A' p required 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 JN signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JN 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 JN signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip JN should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 2/22/22 and all changes made during the JN N/A is not an meeting have been incorporated in the attached document. The County Attorney's option for Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not an BCC,all changes directed by the BCC have been made,and the document is ready for the ] option for Chairman's signature. this,1pe. 1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1604 MEMORANDUM Date: March 9, 2022 Cc: Jeffrey Newman, CHS Operations and Veterans Affairs From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Conservation of SWFL Agreement Attached is a copy of the document as referenced above, (Item #16D4) approved by the Board of County Commissioners on Tuesday, February 22,2 %t The original has been kept by the Board's Minutes and Records Department as part of the Boards Official Records. If you have any questions, please contact me at 252-7240. Thank you. Attachment 1604 EXTENSION OF AGREEMENT BETWEEN THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND CONSERVANCY OF SOUTHWEST FLORIDA, INC. This First Extension of Agreement (also referred to as the "Extension") is entered into this as hd day of cP bru.o.r ti, 20 2.2between the Collier County Board of County Commissioners, hereinafter referred to as"COUNTY"and the Conservancy of Southwest Florida,Inc. a Nonprofit Corporation, hereinafter referred to as the "CONSERVANCY". Pursuant to Paragraph 15 of the Agreement, a copy of which is attached hereto as Exhibit A, the term of the Agreement is hereby extended to January 24, 2027. All terms and conditions of the Agreement shall continue in full force and effect. In WITNESS WHEREOF, the undersigned have executed and delivered this Extension effective as of the date first written. COLLIER COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER CO 4 - . 41 ' DA By: By: ;. (PAA Attest as to Chaumanu Y C E / signetum only illiam L. McDaniel, Jr., Chairman THE CONSE CY OF SOUTHWEST FVORIDA, Inc. By: O VRo aE RT 01044 E j , PRESIDENT Approved as to form and legality: \ 09D J er A. Belpedi er' .)J�, \ Assistant County Atto ey \\ OL J 1 to 4 EXHIBIT __L.—, Page.L-----of AGREEMENT THIS AGREEMENT is made and entered into this 00‘-y day of.2>a a va r 2017, by the Board of County Commissioners of Collier County, Florida (hereinafter referred to as the "COUNTY") and the CONSERVANCY OF SOUTHWEST FLORIDA, Inc., a Florida not for profit corporation (hereinafter referred to as the "CONSERVANCY"). WITNESSETH: WHEREAS, COUNTY's mission involves, in part, delivering high quality, best-value, public services,programs and facilities to its residents and visitors;and, WHEREAS,the CONSERVANCY,is an environmental organization advocating for and committed to protecting Southwest Florida's environment, which includes providing area residents and visitors with environmental education programs;and, WHEREAS, the COUNTY and the CONSERVANCY wish to enter into an Agreement allowing the CONSERVANCY to provide non-fee based and fee-based programs (the "programs") at the COUNTY managed and operated park facilities of Tigertail Beach Park, Gordon River Greenway Park, Clam Pass Beach Park, and other park facilities as requested hereinafter collectively referred to as the County Park Facilities;and, WHEREAS, the COUNTY and the CONSERVANCY have determined and mutually agree that it is economically advantageous and in the best interest of the public to consummate this Agreement. NOW THEREFORE, in consideration of these premises, and other good and valuable consideration,the receipt and sufficiency of which is hereby mutually acknowledged,it is agreed by and between the parties as follows: 1. All of the above recitals are true and correct and hereby expressly incorporated herein by reference as if set forth fully below and made a part of this Agreement. 2. As set forth below, the COUNTY will provide to the CONSERVANCY suitable • and available space at the County Park Facilities for CONSERVANCY sponsored : -i ,fit, 4 16D4 programs. The CONSERVANCY shall maintain any and all storage units placed on COUNTY property. Placement of storage units shall be in accordance with Paragraph 6 of this Agreement. 3. To promote scheduling the availability of the County Park Facilities for such use, the CONSERVANCY shall provide the County Manager or his designee with an annual schedule of the programs it proposes to conduct at the County Park Facilities on or before October 1" for each calendar year for review and approval by the County Manager or his designee. 4. All program marketing materials produced by the CONSERVANCY Rtr provams. conducted at the County Park Facilities shall include the Collier CountyParlot tad Recreation logo and website effective PY2Et18. S. The CONSERVANCY shall provide adequate personnel to supervise its sponsored programs held at the County Park Facilities. The CONSERVANCY further ensures that criminal and sexual background checks for all CONSERVANCY stiff and volunteers conducting authorized programs in the County Park Facilities will be conducted through Background USA and consistent with County employee background standards. Upon request, (wit:knot of the completion of this requirement shalt be provided to the-COUNTY.. 6. The CONSERVANCY shall not be allowed to alter or modify the County Park Facilities, in any fashion, without the prior express written consent of the County Manager or his designee. 7. The CONSERVANCY shall not display signs, banners or posters on the County Park Facilities without the prior written approval'by the County Manager or his 2 • designee. Any such authorization shall expressly include that the display of any signs, banners or posters is subject to, and shall be in conformity with, any applicable County codes. 8. In the event of a conflict between the CONSERVANCY and the COUNTY as to the availability of the County Park Facilities, COUNTY park programs shall take priority. The COUNTY will notify the CONSERVANCY 30 days in advance of any scheduled programs that may conflict with its use of the County Park Facilities. 9. Any licensing, permitting, or other fees for any activities, events, and/or the programs shall be paid by the CONSERVANCY. 10. The establishment of fees and charges, including beach parking fees,for the public participating in the CONSERVANCY sponsored programs at the County Park Facilities shall be in accordance with the Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy Resolution No. 2015-240, as it may be amended. Participants will pay the $8.00 parking fee or present a COUNTY beach parking permit on their vehicle. See attached Exhibit "A,"Resolution No.2015-240. 11. The CONSERVANCY shall maintain general liability insurance in the minimum of one million dollars ($1,000,000.00) per occurrence. The Board of County Commissioners of Collier County,Florida,shall be listed as an Additional Insured on the comprehensive general liability policy. A Certificate of Insurance shall be presented to the COUNTY prior to the commencement of this Agreement. Current, valid insurance policies meeting the aforementioned requirement shall be 3 1604 maintained by the CONSERVANCY during the duration of this Agreement. Renewal certificates shall be sent to the COUNTY thirty (30) days prior to any expiration date, 12. To the maximum extent permitted by Florida law, the CONSERVANCY agrees to release from liability, indemnify and hold harmless the COUNTY, its officers, agents and employees from any all claims, liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' fees and paralegals' fees, brought by or on behalf of the CONSERVANCY, or by any other person or legal entity, resulting from the CONSERVANCY'S use of the COUNTY's property or premises under this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies that otherwise may be available to an indemnified party or person described in this paragraph. 13. The CONSERVANCY further agrees to protect, defend, indemnify, and hold the COUNTY, its officers, employees, and agents free and harmless from all charges, professional fees or other expenses or liabilities of every kind and character in connection with or arising directly or indirectly under this Agreement and such obligation shall not be limited in any way by the CONSERVANCY'S limit of or lack of sufficient insurance protection. 14. Either party may terminate this agreement without cause by providing written notice thirty(30)days in advance of termination. Any alterations or modifications to the County Park Facilities made by CONSERVANCY may be required by COUNTY to be removed by CONSERVANCY at its cost prior to termination. fIF 4 l 16D4 15. This initial tenn of this agreement will be for five (5) years. The Parties may extend the Agreement under all of the same terms and conditions contained in this Agreement for one (1) additional term of five (5) years. Terms of this agreement will be negotiable after ten(10)years. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials,as of the date first above written. AS TO THE COUNTY: ATTEST: BOA' I 0 •UNTY COMMISSIONERS DWIGHT E.BROCK,CLERK COLL ANTY, FLORIDA By: 'L(il l t ii,�. , eputy Clerk l�•�r+ ,Chairm Attest asto hairman s /or signature only., Approved as to form and legality: Jennifer A. Belpedio Assistant County Attom VZ!2%1\� s 1604 AS TO THE CONSERVANCY OF SOUTHWEST FLORIDA, • .. By: f ." { Print Name: t,r Title: Odaigil-- er0 Pint Wi F k eNboolde4s T i ittncss Name pirj)in („.e......e/A-- Second Witness e•halltd 14C6recAgov Type/Print Witness Nan 6 1 Client#: 76191 CONSO4 1 D 4 `~ ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 2/22/2021 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Taylor Fedronich Acrisure LLC dba Gulfshore Insurance PHONE 239 435-7108 FAX 239 213-2803 4100 Goodlette Road N (A/C,No,Ext): (A/C,No): E-MAIL tfedronich@gulfshoreinsurance.com Naples, FL 34103 ADDRESS: �g INSURER(S)AFFORDING COVERAGE NAIC# 239 261-3646 INSURER A:Philadelphia Indemnity Insurance Co 18058 INSURED INSURER e:FCC!Insurance Company 10178 Conservancy of Southwest Florida, Inc. INSURER C:Cincinnati Indemnity Company 23280 1495 Smith Preserve Way Cincinnati Insurance Company 10677 Naples, FL 34102 INSURERD: P Y INSURER E:Westchester Fire Insurance Company 10030 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 ADDLSUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER LIMITS (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY PHPK2237553 02/15/2021 02/15/2022 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR PEpREMISES(Eaoccurrence) $1,000,000 MED EXP(Any one person) $20,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $3,000,000 POLICY X JECT LOC PRODUCTS-COMP/OP AGG s3,000,000 OTHER: $ A AUTOMOBILE LIABILITY PHPK2237553 02/15/2021 02/15/2022(Eaaccciden SINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X HIRED ONLY X NON-OWNED PROPERTY DAMAGE AUTOS ONLY (Per accident) $ $ A X UMBRELLA LIAB X OCCUR PHUB756407 02/15/2021 02/15/2022 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTION$10000 $ B WORKERS COMPENSATION 001WC20A78162 02/15/2021 02/15/2022 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE FR ANY EXCLUDED?ECUTIVE N N/A E.L.EACH ACCIDENT $1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Excess Liability EXS0605174 02/15/2021 02/15/2022 $10,000,000 Occ/Agg D Executive Risk EMN0568206 02/15/2021 02/15/2022 $10,000,000 Aggregate E Excess Exec.Risk G72508154001 02/15/2021 02/15/2022 $5,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION For Information Purposes Only` SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE � r ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1661501/M1661499 TPZ18