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Backup Documents 02/11/2014 Item #16D10 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SI PP D 1 ` , TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO .L V 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 . 2. Christina Apkarian Collier County Museum CA 3/6/14 3. Colleen Ibi. Greene, ACA County Attorney Office al es )q- 4. BCC Office Board of County Commissioners .•11`C S/ 3 11.,\,‘t`{ 5. Minutes and Records Clerk of Court's Office `gym 3(it( 1►g Q.5owr, 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 Christina A 'an Phone Number 239-252-8 6 Contact/ Department Agenda Date Item was 2/11/14 Agenda Item Number 16D10 Approved by the BCC Type of Document Voices for Kids of Southwest Florida Number of Original Attached Agreement Documents Attached 1 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? G'1/1(/' 2. Does the document need to be sent to another agency for additional signatures? If yes, 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 signed by the Chairman,with the exception of most letters,must be reviewed and signed U W l by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's 1\1 h 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 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 N/► signature and initials are required. V'�' 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. 1 I h Some documents are time sensitive and require forwarding to Tallahassee within a certain r` time frame or the BCC's actions are nullified. Be•warg of your deadlines! 8. The document was approved by the BCC on it y and all changes made during the meeting have been incorporated in the atta ed document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I: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 16D10 MEMORANDUM Date: March 14, 2014 To: Christina Apkarian, Administrative Assistant Collier County Museum From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: A Facility Use Rental Agreement with Voices for Kids of SWFL for an event at the Naples Depot Museum on February 22, 2014 Attached for your records is a copy of the agreement referenced above, (Item #16D10) approved by the Board of County Commissioners on Tuesday, February 11, 2014. The original will be held in 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 2/11/2014 16.D.10. 16 ® 1 COLLIER COUNTY MUSEUM FACILITY USE AGREEMENT - -� This Facility Use Agreement("Agreement") is entered into this 1, day of February, 2014, by and between Voices For Kids of Southwest Florida, a Florida not-for-profit corporation duly organized under the laws of Florida, whose principal and mailing address is 2075 W. 1ST ST., STE 300, FORT MYERS, FL 33901, ("Lessee"), and Collier County, principal address 3299 Tamiami Trail East,Naples, FL 34112,(County or"Lessor")collectively stated as the"Parties." WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the Parties, and in consideration of the covenants contained herein, the Parties hereby enter into this Agreement on the following terms and conditions: 1. Facility: Collier County Naples Depot Museum. 2. Use of Facility: Lessee shall utilize the Facility on February 22, 2014, for its event Make the Night Bright in strict accordance with Exhibit"A." 3. Permissible Alterations and Additions to Premises. Lessee may not make any alterations or additions to the Leased Premises. 4. Term: Lessee shall have access to the Facility on Saturday,February 22,2014 for four and 1/2 hours starting at 5:00 p.m. and ending promptly at 9:30 p.m. The event is scheduled from 6:00 to 8:30 p.m. The time provided beginning and after is for required set-up and cleaner �_ 5. Fee: The Lessee agrees to pay Collier County do Director of Museums $300.00 (three hundred dollars) for this event one week prior to event date on or before Friday, February 14, 2014. This fee represents a discounted fee based on the Lessee's not-for-profit status and hosting a fundraising event. 6. Obligation to Maintain Premises and Comply with All Lawful Requirements: Lessee agrees to maintain the Facility in strict compliance with terms set forth in Exhibit "A". The Lessee shall accept the Facility and return the Facility in exactly the same condition. Failure to properly maintain the Facility or restore it to its original condition at the end of the Term shall authorize the County to seek maintenance, cleaning,and/or repair services and seek reimbursement for any cost from the Lessee. 7. Exclusive Use: Lessee shall have the exclusive right to use the Premises during the term of this Agreement. 8. Access to Premises: The County shall have the right for its representatives and/or employees to have access to the Facility during the Agreement Term. Page 1 of 6 Packet Page-577- -- 16OQ2o14 16.D.10. 9. Assignment: Lessee may not assign this Agreement without the express prior written consent of the County,which consent may be withheld in County's sole discretion. 10. Insurance: a. General Commercial Liability: Lessee shall provide and maintain a Commercial General Liability insurance policy, approved in writing by Lessor and the Collier County Risk Management Department, for not less than Five Hundred Thousand and 00/100 Dollars ($500,000.00) combined single limits during the term of this Lease. b. Liquor Liability: Lessee shall provide and maintain a Liquor Liability insurance policy, in writing by Lessor and the Collier County Risk Management Department, for not less than Five Hundred Thousand and 00/100 Dollars ($500,000) for events where the Lessee does not transfer of money for alcohol or events where the Lessee charges for alcohol. c. Workers' Compensation: Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. d. Collier County shall be named as an additional insured on the Commercial General Liability insurance policy. Lessor shall also be added as an additional • insured on the Property Insurance policy as their interest may appear. The above-described insurance policies shall list and continuously maintain Lessor as an additional insured thereon. Evidence of such insurance shall be provided to Lessor and the Collier County Risk Management Department, 3311 East Tamiami Trail, Naples, Florida, 34112, for approval prior to the commencement of this Lease; and shall include a provision requiring not less than ten(10) days prior written notice to Lessor in the event of cancellation or changes in policy(ies)coverage. If such amounts are less than good insurance I practice would require, Lessor reserves the right to reasonably amend their insurance requirements by issuance of notice in writing to Lessee, whereupon receipt of such notice Lessee shall have thirty (30) days in which to obtain such additional insurance. The issuer of any policy must have a Certificate of Authority to transact insurance business in the State of Florida and must be rated "A" or better in the most current edition of Best's Insurance.Reports. Each insurer must be responsible and reputable and must have financial capacity consistent with the risks covered. Each policy must contain an endorsement to the effect that the issuer waives any claim or right of subrogation to recover against Lessor, its employees, representatives and agents. Page 2 of 6 13 Packet Page -578- 2/11/2014 16.D.10. 16D10 11. Rules and Regulations. Lessee shall comply with the County's published Rules and Regulations for this Facility,which are on file at the Facility. 12. Indemnification. To the maximum extent permitted by Florida law, the Lessee shall 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 Lessee or anyone employed or utilized by the Lessee 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. Miscellaneous Legal Matters 13. This Agreement shall be construed by and controlled under the laws of the State of Florida. In the event of a dispute under this Agreement,the Parties shall first use the County's then-current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action in the Circuit Court of Collier County to enforce the terms of this Lease,which Court the Parties agree to have the sole and exclusive jurisdiction. 14. This Agreement contains the entire agreement of the Parties with respect to the matters covered by this Lease and no other agreement, statement or promise made any party, or to any employee, officer or agent of any party, which is not contained in this Lease shall be binding or valid. Time is of the essence in the doing, performance and observation of each and every term,covenant and condition of this Lease by the Parties. 15. Except as otherwise provided herein,this Lease shall only be amended by mutual written consent of the Parties hereto or by their successors in interest. Notices hereunder shall be given to the Parties set forth below and shall be made by hand delivery, facsimile, overnight delivery or by regular mail. If given by regular mail, the notice shall be deemed to have been given within a required time if deposited in the U.S. Mail,postage prepaid, within the time limit. For the purpose of calculating time limits which run from the giving of a particular notice the time shall be calculated from actual receipt of the notice. Notices shall be addressed as follows: If to Lessor: Ron Jamro,Director Museums 3299 Tamiami Trail East Naples,Florida 34112 If to Lessee: President Voices for Kids of Southwest Florida 2075 W. 1st Street.,STE 300, Fort Myers, FL 33901 Page 3 of 6 C,g Packet Page-579- 2/11/2014 16.D.10. 1601U Notice shall be deemed to have been given on the next successive business day to the date of the courier waybill if sent by nationally recognized overnight delivery service. 16. Lessee is an independent contractor, and is not any agent or representative or employee of Lessor. During the term of this Lease, neither Lessee, nor anyone acting on behalf of Lessee, shall hold itself out as an employee, servant, representative or agent of Lessor. Neither party will have the right or authority to bind the other party without express written authorization of such other party to any obligation to any third party. No third party is intended by the Parties to be a beneficiary of this Lease or to have any rights to enforce this Lease against either party hereto or otherwise. Nothing contained in this Lease will constitute the Parties as partners or joint ventures for any purpose, it being the express intention of the Parties that no such partnership or joint venture exists or will exist. Lessee acknowledges that Lessor is not providing any vacation time, sick pay, or other welfare or retirement benefits normally associated with an employee-employer relationship and that Lessor excludes Lessee and its employees from participation in all health and welfare benefit plans including vacation, sick leave, severance, life, accident, health and disability insurance, deferred compensation, retirement and grievance rights or privileges. 17. Neither party to this Lease will be liable for any delay in the performance of any obligation under this Lease or of any inability to perform an obligation under this Lease if and to the extent that such delay in performance or inability to perform is caused by an event or circumstance beyond the reasonable control of and without the fault or negligence of the party claiming Force Majeure. "Force Majeure" shall include an act of God, war (declared or undeclared), sabotage, riot, insurrection, civil unrest or disturbance, military or guerrilla action, economic sanction or embargo, civil strike, work stoppage, slow-down or lock-out, explosion, fire, earthquake, abnormal weather condition,hurricane, flood, lightning, wind, drought, and the binding order of any governmental authority. 18. No Discrimination: The Lessee agrees that there shall be no discrimination as to race,sex,color,creed or national origin. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Page 4 of 6 e� Packet Page-580- • 16010 IN WITNESS WHEREOF, the Lessee and Collier County have hereto executed this Agreement the day and year first above written. AS TO THE LESSEE: Voices for Kids of Southwest Florida o BY: Witness (signature) / /(47/7 /t/ --Dor(eine. Anv) Ooscr*c4 (Print Name and Title) (print name) • r . Witness (signatu - i A 6-1E, 44441,i (print name) AS TO THE LESSOR: Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER •UN% , FLORIDA, 0.. By: \�i � C • AO. Attest ••to "tAputy Clerk TOM ENNING, CH• 10 • sigtatur Approved as to form and legality:` -- .. . eg l Colleen M. Greene Assistant County Attorney Item# ! _h) Agenda Date a_l Date ,2,..t .11 I Redd ` t`"� I � \ - • Page 5 of 6 Depu 2/11/2014 16.D.10. 16D 1u. EXHIBIT A TERMS AND CONDITIONS TO USE THE NAPLES DEPOT MUSEUM In order to protect the Museum's architecture, exhibits, collections and artwork, Lessees must assume full responsibility for damage to any Museum property or equipment, as well as any damage caused by tables, chairs and equipment brought on-site by the Lessee or outside sources for the particular event,in accordance with the following terms and conditions: 1. Museum facilities are only available for use during non-Museum operating hours. 2. No Museum furniture,exhibits,displays,or artwork may be moved or removed. 3. Tables and chairs must have protective plastic or rubber coasters on legs to prevent scratching or damaging wooden floors. 4. No changes or alterations to the building,its accessories,or its fixtures may be made. 5. The Museum is a smoke-free environment and smoking is prohibited in all indoor spaces. 6. All decor and signage must be freestanding and promptly removed after the event. 7. Attachable decorations such as banners, streamers and balloons may not be nailed, stapled, pinned,taped or fixed on walls, exhibit displays, windows, doors or furnishings anywhere on the Museum's property. 8. No confetti, sparklers, rice, glitter, spray paint, feathers,poppers, or loose flower petals may be used. 9. Open flame candles are not permitted. 10. Exceptionally loud music is not permitted. 11. Use of the facilities is limited to the areas specified in the Lessee's agreement. 12. It is the Lessee's responsibility to clean-up immediately after the event, remove all trash, centerpieces, linens and supplies, and return the facility to its original condition. Property left at the Museum will be removed at the Lessee's expense. 13. The Museum will charge the Lessee a fee for clean-up or damages to walls, floors or exhibits,if the Museum determines this fee necessary. 14. The presence of a member of the Museum staff on the premises is mandatory for all rental events during the duration of the event. Museum staff is not obligated to assist the Lessee with arranging or accepting deliveries, loading or unloading, carrying equipment, event set-up, serving,bussing tables,sweeping or cleaning. 15. Guest parking is available on a first-come, first-serve basis and is not guaranteed. Guests may not block entrances,exits or doorways. 16. Facility rental does not include a photo session in any space other than the client's rented space within the time frame of the rental. C,q Page 6 of 6 Packet Page-582- 16010 Client#:1441292 132VOICEFOR A CORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 1/31/2014 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 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 CONTACT BB&T-Oswald Trippe and Company PHO E 13515 Bell Tower Drive (vc,No,Ext):239 433-4535 E-MAIL (FAA Na): 866-881-5271 Fort Myers,FL 33907 ADDRESS: 239 433-4535 INSURER(S)AFFORDING COVERAGE NAIL# INSURERA:Hartford Insurance Company 38261 INSURED Voices For Kids of SW FL Inc INSURER B INSURER C: 2075 W.1st Street Suite 300 INSURER D: Fort Myers,FL 33901 INSURER E: 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 LTR TYPE OF INSURANCE INSR END POLICY NUMBER (MM/DDYIYYYY) (MM/DD/YYYY) LIMITS A GENERAL LIABILITY 21SBMT04213 03/06/2013 03/06/2014 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES 1Ea occu ence) $300,000 _ CLAIMS-MADE r XI OCCUR MEDEXP(Any one person) $10,000 _ PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 I POLICY PRO- ^ _ JECT LOC A AUTOMOBILE LIABILITY $ 21 SBMT04213 03/06/2013 03/06/2014 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS X NON-OWNED PROPERTY DAMAGE X AUTOS (Per accident) $ UMBRELLA LIAB _ OCCUR EACH OCCURRENCE _$ EXCESS UAB CLAIMS-MADE AGGREGATE _$ DELI RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS_ IER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Certificate holder is listed as an Additional Insured on the above referenced General Liability policy. Special Event February 22,2014 located at Collier County Naples Depot Museum. CERTIFICATE HOLDER CANCELLATION Board of Collier County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3311 East Tamiami Trail Naples,FL 34112-4901 AUTHORIZED REPRESENTATIVE I •‘•■■ PM, PaECfrlt ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S11794521/M11794313 JMHA