Agenda 10/11/2016 Item #16F4 16.F.4
10/11/2016
EXECUTIVE SUMMARY
Recommendation to approve Amendment # 2 to Contract # 15-6439- Hosting Agreement between
Collier County and Spirit Promotions the organizing group for the U.S. Open Pickleball
Championship to extend the hosting agreement for an additional three years to 2021 and make a
finding that this item promotes tourism.
OBJECTIVE: Extend the number of years for hosting the US Open Pickleball Championship in Collier
County to 2021.
CONSIDERATIONS: Collier County hosted the first ever US Open Pickleball Championships in April
2016. The success of the first event has encouraged Collier County and Spirit Promotions to add
additional Pickleball courts to East Naples Community Park, to consider improvements to the
Championship courts by adding a shade structure and to add tournament quality playing surfaces to the
more of the courts in the park. Spirit Promotions has also agreed to contract again with CBS Sports
Network to televise the finals of the 2017 US Open Pickleball Championships and to bring additional
Pickleball events and a Pickleball Training Academy to the park during 2017 and beyond.
Subject to appropriation by the Board, the County's commitment toward the annual cost for hosting this
event in future years will increase commensurate with the increases made by the event promoters in
number of events, event days and other investments in the sport of Pickleball in Collier County. The
actual dollar amounts of those future financial commitments will be detailed in separate agreements
between Collier County and Spirit Promotions covering event operating costs, production and airing of
televised finals of the Championship rounds of the US Open Pickleball Championships, and year round
promotion of the sport of Pickleball.
FISCAL IMPACT: There is no fiscal impact related to this event hosting agreement.All expenses for
event operations($60,000)and broadcast production and airing of the finals television program($71,000)
and year round promotion of Pickleball($90,000)are for the 2017 events and separate agreements for
future years Pickleball events.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan with this
Executive Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires
majority vote for approval.-CMG
ADVISORY BOARD RECOMMENDATION: The Tourist Development Council unanimously (9-0)
recommended approval of this amendment on September 26,2016.
RECOMMENDATION: Approve Amendment#2 to Contract# 15-6439-Hosting Agreement between
Collier County and Spirit Promotions the organizing group for the U.S. Open Pickleball Championship to
extend the Hosting Agreement for an additional three years to 2021; authorize the Chairman to execute
the Amendment, and make a finding that this item promotes tourism.
Prepared by: Jack Wert,Tourism Director
ATTACHMENT(S)
1.Amendment#2 (PDF)
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10/11/2016
2.Pickleball Hosting Agreement (PDF)
3.Amendment 1 to Contract 15-6439 BCC approved 2-9-16 16F1 (PDF)
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16.F.4
10/11/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.4
Item Summary: Recommendation to approve Amendment # 2 to Contract # 15-6439- Hosting
Agreement between Collier County and Spirit Promotions the organizing group for the U.S. Open
Pickleball Championship to extend the hosting agreement for an additional three years to 2021 and make
a finding that this item promotes tourism
Meeting Date: 10/11/2016
Prepared by:
Title: Tourist Development Tax Coordinator—Tourism
Name: Kelly Green
09/28/2016 3:57 PM
Submitted by:
Title: Division Director-Tourism—Tourism
Name: Jack Wert
09/28/2016 3:57 PM
Approved By:
Review:
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 09/29/2016 9:51 AM
Tourism Jack Wert Level 1 Sim.Reviewer 1-8 Completed 09/29/2016 10:58 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/29/2016 3:53 PM
Budget and Management Office Ed Finn Level 3 OMB 1st Reviewer 1-4 Completed 09/29/2016 4:47 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 10/03/2016 12:08 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/03/2016 10:52 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/11/2016 9:00 AM
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Amendment#2 to
Naples, Marco Island,Everglades Convention &Visitors Bureau&
U.S. OPEN Pickleball Championships
Hosting Agreement#15-6439
This amendment dated this day of September, 2016, to the referenced Agreement
shall be by and between the parties to the original Hosting Agreement #15-6439, Spirit
Promotions ("Contractor") and Collier County, Florida, ("Owner/County").
WHEREAS, Collier County and the Collier County Tourist Development Council have
committed a significant monetary investment dedicated to the U.S. OPEN Pickleball
Championships and other Pickleball events and training academies including upgrading all
Pickleball court surfaces and designing and installing a shade structure over the Championship
Courts; and a
WHEREAS, the County and the Tourist Development Council have committed to grow
the funding support for future Pickleball events commensurate with the event promoter's growth
of those Pickleball events; and =
WHEREAS, the Parties recognize the County and Tourist Development Council's
commitment to the U.S. OPEN Pickleball Championships and the sport of Pickleball and agree
to extend the current Hosting Agreement for an additional three years (through May 2021) in
recognition of the County's commitment; and a
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WHEREAS, the Tourist Development Council has made a recommended finding that
this expenditure of tourist development tax funds promotes tourism, and the Board of County rn
Commissioners has accepted this recommended finding and also finds that future expenditures of N
tourist development tax funds in support of Pickleball promotes tourism.
Statement of Understanding a
In order to continue the services provided for in the original Agreement referenced above,
the Parties agree to amend the Agreement as provided herein:
Note: Language deleted has been struck through. New language has been underlined.
coSection 3.1 Term: Both parties agree that the term of this Agreement will commence upon
signature of the Chair and shall remain in effect through May 1, 2018 May 2021.
Section 2. Subject to appropriation by the Board, the County's commitment toward the annual
cost for hosting this event in future years will increase commensurate with the increases made by
the event promoters in number of events, event days and other investments in the sport of
Pickleball in Collier County. The actual dollar amounts of those future financial commitments will be
detailed in separate agreements between Collier County and Spirit Promotions covering event operating
costs, production and airing of televised finals of the Championship rounds of the US Open Pickleball
Championships, and year round promotion of the sport of Pickleball.
All other terms and conditions of the agreement shall remain in force.
Amendment#1 to Hosting Agreement with Spirit Promotions
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IN WITNESS WHEREOF,the parties have each, respectively, by an authorized person or
agent, have executed this Amendment on the date(s) indicated below.
Accepted: , 2016
OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY,FLORIDA m
Dwight E. Brock, Clerk
By: _
BY: DONNA FIALA, Chairman
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Contractor First Witness CONTRACTOR:
SPIRIT PROMOTIONS
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By:
Print Name
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Print Name and Title
Contractor Second Witness o
By:
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Print Name
Approved as to form and legality:
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olleen M. Greene, Assistant County Attorney
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Amendment#1 to Hosting Agreement with Spirit Promotions
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US OPEN
PICKLEBALL
Naples, Marco Island, Everglades Convention &Visitors Bureau &
U.S. OPEN Pickleball Championships
Hosting Agreement
#15-6439
Overview: 0
US OPEN Pickleball Championships ("US OPEN") desires to have Collier County host the 2
2016, 2017 and 2018 US OPEN Pickleball Championships at its facilities in Collier County,
Florida. By hosting the largest and most prestigious pickleball tournament in the world,
Collier County will immediately be internationally recognized as a "best in class" county for o
the sport of pickleball. cn
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This Agreement between Board of County Commissioners, Collier County Florida ("Host" or
"Collier County") c/o Naples, Marco Island, Everglades Convention and Visitors Bureau as ,
having a mailing address of 2660 N. Horseshoe Drive #105, Naples, FL, 34101 and Spirit
Promotions ("Vendor" or "US OPEN") having a mailing address of 1325 Glengary Court, m
Wheeling, IL 60090.
1. US OPEN Agrees to Provide:
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All appropriate event administration staff;
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3 year commitment to bring the US OPEN PICKLEBALL CHAMPIONSHIPS to
Collier County, Florida;
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Required liquor licenses to allow US OPEN the ability to sell alcohol beverages at
the event.
2. Collier County Agrees to Provide:
Rent-free venues including East Naples Community Park and other space as
reasonably necessary through prior arrangement with Collier County Convention and
ddVisitors Bureau staff, and additional event needs Including but not limited to the
following items:
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• Use of the athletic courts for event purposes; 1L F 4
• Collier County Parks and Recreation staffing;
• Lighting as necessary to operate the event;
• Adequate event parking;
• Funding for a certified Athletic Trainers, Certified Massage Therapists, and Certified
Personal Trainers not to exceed $5,000.00. Funding will be paid directly to Vendor,
upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats.,
otherwise known as the"Local Government Prompt Payment Act";
• Funding for police/EMT support not to exceed $5,000.00. Funding will be paid directly
to Vendor, upon receipt of a proper invoice and in compliance with Chapter 218, Fla. z
Stats., otherwise known as the "Local Government Prompt Payment Act";
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• Year round promotion on Collier County Convention and Visitors Bureau's sports
marketing website, Facebook, and Twitter; 0.
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• Collier County Convention and Visitors Bureau will assist with hotel logistics including 0
gathering of rates and banquet needs; cn
• Assistance with local volunteers in coordination with US OPEN leadership; o
• Concessions Operations if needed by prior arrangement with Collier County staff;
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• Assistance with Public Relations and Media Outreach;
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• Discounts to local attractions and restaurants; a,
• Three (3) Year commitment to host event; 0
• Administrative assistance with obtaining necessary permits including liquor license;
• On site booth to assist with local attractions and suggestions for out of town visitors.
3. General Terms:
3.1 Term: Both parties agree that the term of this Agreement will commence upon signature
of the Chair, and shall remain in effect through May 1, 2018. This Agreement shall not contain
automatic renewals. This Agreement may be amended only by written agreement of both
parties with the same formalities as herein expressed. It is further understood and agreed
by and between the parties herein that this agreement is subject to appropriation by the
Board of County Commissioners.
3.2 Termination: Either party may terminate the Agreement for cause at any time upon
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the other art for that a s failure to cure a matena
thirty (30) days written notice to party party's
breach hereunder within fourteen (14) days of receiving written notice of such breach.
Material breach by US OPEN includes, but is not limited to, US OPEN's failure to carry out
the terms in this agreement.
Either party may terminate the Agreement for convenience with a sixty (60) day written
notice. The removal of any Equipment belonging to the US OPEN will be the sole
responsibility of US OPEN and shall occur prior to the expiration of sixty (60) days after
notice is rendered.
3.3 Insurance: US OPEN shall at all times during the Agreement maintain insurance
coverage at amounts that are commercially reasonable, including at least Comprehensive c
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General Liability at $1,000,000. Worker's C , pensation Liability at statutory limits, Cc 4"
AutomotiveJbility at $1,000,000 and for any/all events conducted by Vendor in Collier `` Y
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County. Collier County and its affiliates shall be named as an additional insured on all such t
policies of insurance and Company shall provide proof of insurance upon Collier County a
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3.4 Tax exemption: Collier County, Florida as a political subdivision of the State of Florida, is
exempt from the payment of Florida sales tax to its Contractors/ConsultantsNendors under
Chapter 212, Florida Statutes, Certificate of Exemption#85-8015966531C-1. E
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3.5 Indemnification:
A. To the maximum extent permitted by Florida Law, Vendor shall indemnify and
hold harmless the Host, its officers and employees from any and all liabilities, d
damages, losses, and costs, including, but not limited to, reasonable
attorneys' fee and paralegals' fee to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of Vendor 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 the Host. The foregoing indemnification shall not constitute a waiver of
sovereign immunity beyond limits set forth in section 768.28, Florida Statutes.
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B. The duty to defend under this Section is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate
liability of the Vendor, Host 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 Vendor. Vendor's obligation to
indemnify and defend under this Section will survive the expiration or earlier
termination of this Agreement until it is determined by final judgment that an
action against the Host or an indemnified party for the matter indemnified E
hereunder is fully and finally barred by the applicable statute of limitations.
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f.3.6 Compliance with Laws: By executing and entering into this agreement, the Vendor is o
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 a
the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and
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regulations relating thereto, as either may be amended; taxation, workers' compensation, equal co
employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553,
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Florida Statutes), and the Florida Public Records Law Chapter 119 (including specifically those N
contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3))) stated as follows: .�
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(2) In addition to other contract requirements provided by law, each public agency contract for a)
services must include a provision that requires the Vendor to comply with public records laws,
specifically to:
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(a) Keep and maintain public records that ordinarily and necessarily would be required by the
public agency in order to perform the service. `a
(b) Provide the public with access to public records on the same terms and conditions that the
public agency would provide the records and at a cost that does not exceed the cost provided in
this chapter or as otherwise provided by law. a�
(c) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the public
agency all public records in possession of the Vendor upon termination of the contract and
destroy any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. All records stored electronically must be provided to the public
agency in a format that is compatible with the information technology systems of the public
agency.
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(3) If a contractor does not comply with a public records request, the public agency shall
enforce the contract provisions in accordance with the contract.
If a Vendor does not comply with a public records request, the public agency shall enforce the
contract provisions in accordance with the contract.
If Vendor observes that the Agreement Documents are at variance therewith, it shall promptly
notify the County in writing. Failure by the Vendor to comply with the laws referenced herein shall
constitute a breach of this agreement and the County shall have the discretion to unilaterally
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terminate this agreement immediately.
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3.7 Prompt Payment Act: Payment will be made upon receipt of a proper invoice and upon =
approval by the County's Project Manager and/or his designee, and in compliance with Chapter n
218, Fla. Stats., otherwise known as the"Local Government Prompt Payment Act".
4. Event Quality and Experience Standards US OPEN agrees to deliver: o
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• Open draw for both men and women will be offered; co
• A minimum of $20,000 will be offered as prize money. Equal prize money will be N
offered to the men's and women's draws;
• Stadium court to showcase the event to all spectators and participants;
• The US OPEN must maintain all current event standards (e.g. music, parties, bands,
favors, media coverage, hospitality suites); a
• Staff dearly identifiable and distinguished from Collier County Convention and Visitors '17o
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Bureau staff;
• Staff to manage all aspects of the tournament;
• A well organized amateur event (games scheduled properly, on time, professional o.
media and communication;
• A tournament and vendor village clean of garbage, towels and debris by the US OPEN
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staff at all times;
• Trash receptors will be emptied by US OPEN staff;
• US OPEN must deliver all terms agreed upon to their sponsor and partners at all times.
5. Vendor Village Commitments by US OPEN:
• All tables will be draped with a table cloth that touches the ground;
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safety;
No wires will be visible or will be taped for securityand safe ;
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• Products will be displayed in a tasteful manner (display units, signage, etc) and in
accordance to County standards, rules, and regulations;
• No other county will be promoted.
6. Entire Agreement:
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This Agreement sets out the entire agreement between Collier County and US OPEN with
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respect to the subject matter contained herein. It supersedes all prior agreements,
proposals, arrangements and communications, whether written or oral, with respect to the a�
subject matter hereof. In the event of any conflict between a provision of the Agreement o
and a provision of an invoice, the provisions of this Agreement will prevail. No modification
or waiver of this Agreement or any of the provisions hereof will bind either party unless an
authorized agent of each party agrees in writing to the modification waiver.
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IN WITNESS HEREOF, the parties execute this Agreement as of the date first written above.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
Dwight E. Brock,Clerk of Courts
...........
, Ic(,1 CLIMAX tk._ By: / e,a4sic.e__
,. ,, - Tim Nance, Chairman C"
Dated: C[ ( 1 C— g
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Spirit Promotions =
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.proved as to Form and Legality: a
. A .Al'ii —III /4/0/ir,A--A-- c
Thj
olleen M. Greene s
Assistant County Attorney —
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16.F.4.c
Amendment#1 to Contract#15-6439
"Naples,Marco Island,Everglades Convention & Visitors Bureau and
U.S.Open Pickleball Championships Hosting Agreement"
This amendment, dated February ` , 2016 to the referenced Agreement shall be by and
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between the parties to the original Agreement, Spirit Promotions (to be referred to as
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"Contractor") and Collier County, Florida, (to be referred to as "Owner").
Statement of Understanding
RE: Contract#15-6439 "Naples, Marco Island, Everglades Convention & Visitors a
Bureau and U.S. Open Pickleball Championships Hosting Agreement"
In order to continue the services provided for in the original Agreement referenced above, c
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the Contractor agrees to amend the Agreement as provided herein.
WHEREAS, the U.S. Open Pickleball Championships Hosting Agreement provides that
Spirit Promotions shall provide a pickleball stadium court for the event; and
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WHEREAS, Spirit Promotions has committed to the County that it will provide a
stadium court and bleachers for the event at its own expense and once completed, Spirit o
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Promotions will donate the upgraded stadium court to the County; and 0.
WHEREAS, the Board of County Commissioners agrees to allow Spirit Promotions to
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convert an exisiting tennis court(s) into a pickleball stadium court for purposes of the U.S. Open t°
Pickleball Championships and to remain as such throughout the term of the Hosting Agreement,
and the Board hereby accepts the donation of the pickleball court(s).
NOW THEREFORE in consideration of One Dollar ($1.00) and other good and
valuable consideration exchanged amongst the Parties, and in consideration of the covenants =
contained herein, the Parties hereby enter into this Amendment on the following terms and
conditions: E
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' 1. Spirit Promotions shall:
a. Provide a pickleball stadium court at its own expense by converting an existing
tennis court into a stadium pickleball court with an upgraded surface to be ready
for the U.S. Open Pickleball Championship on April 26, 2016;
b. Select and retain the contractor or vendor to conduct the work;
c. Construct the stadium pickleball court in compliance with the diagrams attached
hereto as Exhibit "A";
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d. Require the contractor or vendor to maintain insurance in compliance with the a
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requirements found in Exhibit "B" with Collier County Board of County o
Commissioners named as an additional insured;
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e. Secure all necessary permits at its own expense to conduct the work;
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f. Provide County property with reasonable protection during the work and any
damages to County property shall be repaired at the Contractor's expense;
g. Improvements shall be complete and all signs of construction removed prior to the o
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start of the U.S. Open Pickleball Championships;
h. Donate the value of the improved tennis court to a pickleball court(s) to Collier
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County; u;
i. Purchase (or rent), install, and dismantle bleachers for the event; and es
j. Remove existing fencing for purposes of construction/surface upgrade and replace ca
existing fence at the end of the tournament following removal of the bleachers.
k. Indemnification. To the maximum extent permitted by Florida law, the Contractor
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shall indemnify and hold harmless Collier County, its officers and employees
from any and all liabilities, damages, losses and costs, including, but not limited
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to, reasonable attorneys' fees and paralegals' fees, whether resulting from any
claimed breach of this Agreement by Contractor, any statutory or regulatory
[04-CMG-00002/1233506/1] 2
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violations, or from personal injury, property damage, direct or consequential
damages, or economic loss, 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. o
This section does not pertain to any incident arising from the sole
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negligence of Collier County. o
The duty to defend under this Section (i) is independent and separate from 00
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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 0'0
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and defend under this Section (i) will survive the expiration or earlier termination
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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.
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2. Collier County shall: U
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a. Provide access to the East Naples Community Park tennis facility for Spirit c
Promotions to improve the existing tennis court as depicted in Exhibit A.
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b. Provide two sets of portable bleachers with a seating capacity of approximately
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150 people per set for the U.S. Open Pickleball Championship event.
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c. Allow the stadium court with the upgraded pickleball court surface to remain
intact throughout the term of the Hosting Agreement.
[04-CMG-00002/1233506/I] 3 (09
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