Agenda 02/11/2014 Item #16D10 2/11/2014 16.D.1C.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign a one-time Facility Use
Agreement with Voices For Kids of Southwest Florida to provide an after-hours event rental of the
Naples Depot Museum.
OBJECTIVE: To offset operating expenses for the County Museums through revenue generation.
CONSIDERATIONS: At its October 1, 2013 Workshop, the Board of County Commissioners identified
several options developed by the Museum to begin generating earned revenue to supplement the
department's annual operating budget. One of the key concepts included renting Museum facilities for
private functions after normal business hours.
At the Board's direction, Museum staff has developed a scope of work to contract for these services
through a company that would professionally manage. coordinate and promote event rentals. Accordingly
the Purchasing Department has issued an RFP. Proposals are scheduled to be received and evaluated
during February. Upon award of a contract, formal rental policies and procedures and a competitive fee
schedule will be developed and presented to the Board for approval.
As an interim measure, the Museum is requesting that the Board approve a one-time rental agreement for
use of the Naples Depot Museum by Voices For Kids of Southwest Florida for a fundraising event,
"Make the Night Bright", on February 22, 2014. Voices For Kids is a not-for-profit organization that
advocates for abused and neglected children in Collier, Lee and Hendry County. Proceeds from this event
will benefit the Guardian ad Litem Program, now in its 30th year of providing service.
FISCAL IMPACT: Voices For Kids of Southwest Florida will donate $300 to the Naples Depot
Museum for this one-time evening rental of the facility. The revenue is specifically budgeted in Fund 198.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
item.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires
majority vote for approval.—CMG
RECOMMENDATION: That the Board of County Commissioners approves a Collier County Museum
Facility Use Agreement with Voices For Kids of Southwest Florida. and authorizes the Chairman to
execute the Agreement.
PREPARED BY: Ron Jamro, Museum Director
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.10.
Item Summary: Recommendation to approve a one-time Facility Use Agreement with
Voices For Kids of Southwest Florida to provide an after-hours event rental of the Naples Depot
Museum.
Meeting Date: 2/11/2014
Prepared By
Name: ApkarianChristina
Title: Administrative Assistant,Museum
1/28/2014 5:06:51 PM
Submitted by
Title: Administrative Assistant,Museum
Name: ApkarianChristina
1/28/2014 5:06:52 PM
Approved By
Name: JamroRon
Title: Director-Museum,Museum
Date: 1/29/2014 3:22:54 PM
Name: JohnsonScott
Title: Purchasing Agent,Purchasing&General Services
Date: 1/30/2014 8:11:38 AM
Name: AlonsoHailey
Title: Operations Analyst, Public Services Division
Date: 1/31/2014 4:48:49 PM
Name: WardKelsey
Title: Manager-Procurement, Purchasing&General Services
Date: 1/31/2014 6:05:40 PM
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2/11/2014 16.D.10.
Name: MarkiewiczJoanne
Title: Manager-Procurement, Purchasing&General Services
Date: 2/1/2014 8:02:09 PM
Name: AlonsoHailey
Title: Operations Analyst,Public Services Division
Date: 2/3/2014 9:25:11 AM
Name: TownsendAmanda
Title:Director-Operations Support, Public Services Division
Date: 2/3/2014 9:59:05 AM
Name: CummingsRhonda
Title:Procurement Specialist, Purchasing&General Services
Date: 2/3/2014 10:30:49 AM
Name: GreeneColleen
Title:Assistant County Attorney, CAO General Services
Date: 2/3/2014 2:28:26 PM
Name: CarneliSteve
Title:Administrator-Public Services,Public Services Division
Date: 2/4/2014 8:34:28 AM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 2/4/2014 3:17:08 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering&Construction Management
Date: 2/4/2014 3:55:53 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/4/2014 4:54:28 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 2/4/2014 5:25:55 PM
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2/11/2014 16.D.10.
COLLIER COUNTY MUSEUM
FACILITY USE AGREEMENT
This Facility Use Agreement("Agreement") is entered into this 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."
WITNES SETH:
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 clean-up.
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.
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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
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.
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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. 11 Street., STE 300,
Fort Myers,FL 33901
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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
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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
By:
Witness(signature)
(Print Name and Title) (-
(print name)
Witness(signature)
(print name)
AS TO THE LESSOR:
Attest: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY,FLORIDA,
By: By:
Deputy Clerk TOM HENNING,CHAIRMAN
Approved as to form
• gality:
7/... \10
M. Greene
Assistant County Attorney
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EXHIBIT A
TERMS AM)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 ddcor 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.
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