Agenda 09/25/2018 Item #16D1309/25/2018
EXECUTIVE SUMMARY
Recommendation to authorize the Chairman to sign Agreements with 74 Family Fun Park and
Florida Tracks & Trails to provide Collier County residents with tickets to ride their All Terrain
Vehicles (ATV) and Off Highway Vehicles (OHV) at qualified riding locations in Southwest Florida
at a cost not to exceed $20,000 annually and to authorize staff to use this form agreement going
forward should additional qualified parks wish to participate in the Ticket to Ride Program,
subject to Board approval.
OBJECTIVE: To provide opportunities for ATV and OHV enthusiasts to ride their vehicles at qualified
locations in Southwest Florida using funds from the South Florida Water Management District (SFWMD)
settlement agreement.
CONSIDERATIONS: In 2011, Collier County and SFWMD entered into a Settlement Agreement
wherein SFWMD paid Collier County $3,000,000 to settle litigation arising out of a 2003 Agreement
between the parties in which SFWMD was to convey 640 acres to Collier County for recreational ATV
use. Since that settlement, the Collier County Growth Management Department and Collier County Parks
and Recreation Division were tasked with searching for land appropriate and suitable for an ATV Park
site. To date, and despite an exhaustive search, no land suitable for an ATV Park has been located within
or outside of Collier County.
On April 24, 2018, the Board voted 5-0 to re-institute a modified version of the “Tickets to Ride”
Program and directed staff to develop a standard use agreement to be made available to all willing ATV
facilities that will allow Collier County citizens to recreate at these facilities as part of the Tickets to Ride
Program and authorize up to $20,000 annually to fund the program.
Participants in the Ticket to Ride Program shall follow the below stipulations:
Only Collier County residents age 18 or older are eligible to participate.
Participants are limited to a maximum of 2 tickets at a time
Proof of Collier County residency is required.
Tickets are valid for 90 days from the date of issue and are non-transferrable.
Participants shall pay the vendor any amount over $20 towards the ticket purchase.
Tickets will be issued by the Vendor in consecutive numerical order and be provided to the
County for public distribution at Max Hasse Community Park.
Only interest income associated with the ATV Settlement cost center will be used to fund the program.
Once the funds have been expended for the fiscal year, the program will end.
FISCAL IMPACT: Currently, there is $2,986,000 remaining from the settlement fund (305), with
interest accruing on the principal. This interest is being kept within the same cost center and used as
revenue for the program.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for approval. -CMG
RECOMMENDATION: To authorize the Chairman to sign an Agreement with 74 Family Fun Park and
Florida Tracks & Trails to provide Collier County residents with tickets to ride ATV and OHV vehicles at
qualified riding locations in Southwest Florida at a cost not to exceed $20,000 annually and to authorize
16.D.13
Packet Pg. 1955
09/25/2018
staff to use this form agreement going forward should additional qualified parks wish to participate in the
Ticket to Ride Program, subject to Board approval.
Prepared by: Matthew Catoe, Operations Analyst, Parks and Recreation Division
ATTACHMENT(S)
1. Agreement - 74 Family Fun Park v2 (PDF)
2. Agreement - Florida Tracks and Trails v2 (PDF)
16.D.13
Packet Pg. 1956
09/25/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.13
Doc ID: 6606
Item Summary: Recommendation to authorize the Chairman to sign Agreements with 74 Family
Fun Park and Florida Tracks & Trails to provide Collier County residents with tickets to ride their All
Terrain Vehicles (ATV) and Off Highway Vehicles (OHV) at qualified riding locations in Southwest
Florida at a cost not to exceed $20,000 annually and to authorize staff to use this form agreement going
forward should additional qualified parks wish to participate in the Ticket to Ride Program.
Meeting Date: 09/25/2018
Prepared by:
Title: Operations Analyst – Parks & Recreation
Name: Matthew Catoe
08/31/2018 3:47 PM
Submitted by:
Title: Division Director - Parks & Recreation – Parks & Recreation
Name: Barry Williams
08/31/2018 3:47 PM
Approved By:
Review:
Parks & Recreation Ilonka Washburn Additional Reviewer Completed 09/04/2018 8:22 AM
Parks & Recreation Barry Williams Additional Reviewer Completed 09/04/2018 9:21 AM
Public Services Department Joshua Hammond Additional Reviewer Completed 09/05/2018 3:13 PM
Public Services Department Todd Henry Level 1 Division Reviewer Completed 09/06/2018 8:30 AM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 09/11/2018 9:38 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 09/13/2018 10:47 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/13/2018 10:52 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/13/2018 11:02 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 09/13/2018 11:21 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/16/2018 6:31 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/25/2018 9:00 AM
16.D.13
Packet Pg. 1957
16.D.13.a
Packet Pg. 1958 Attachment: Agreement - 74 Family Fun Park v2 (6606 : ATV Ticket to Ride Program)
@g Tbc tanr of this Agrccnrcnt ir oc ycar from tbc datc of ryroval' Thc Couty may' u
io discrction rod witb hc cooscot of lhc Vcodor, rcocw tho Agtltdtcnt undcr rll of tb tcrms
rnd conditiong containcd il this Agrccmcnt fc threc (3) dditiooal onc (l) ycrr pcriods. Tttc
County sbsll givc thc Vcrdor writlcn noticc of thc Cormty's intcntion to cxrcrd tbc fulcancnt
tcnn mt lcss than thirty (30) days pior to thc cod of thc Agrccocot tcrm 6.n in cffccf.
Srlcr Tu: Vcador shatl pay dl salcs, con$Ect, ulc ;1d othcr similar taxcs rrociacd with this
Agrclrcnt
Noticg: All noticcs tom tbc Cormty to tbc Vco&r shll bc dccmcd duly scrvcd if nailcd c
faxcd to drc Vendor u thc following Addrcss:
74 FarnilyRtnPark
448$ Bcrnont Road
Punta Goda, Floridr 339t2
Attn: tktrina Salokr
Tclcphonc: 239470.561 I
Emrih ks@prndisccS.com
All Notices fiom thc Vcndor to tbc County shll bc dccmd duly scwcd if mailcd or faxcd !o 6G
Couty !o:
Collicr Corm$ Parts aDd Rfft'cation Divitiol
15000 Livirg$on Rosd
NaPles, Flcida, Florid! 34109
Attcntion: Bany Willians' Dircctor
fclcphorrc: 23Y2524035
Enait Brry'Wi[ians@colliercouatyfl .gov
Tbc vcodor md tbc coury may changc thc rbovc m4iling addrcs 8t any tinc won giving tbc
olhcr party writtcn notification All noticcs undcr 6b Agrccocot nust tr in witin&
No Prrtncrrhip: Nothing hcrcin containcd sball crtals or bc coMlr.d as crcrtisg a psmcrship
ffi-O" go*ty and tfc Vendor or !o con$itttc thc Vcodor as o agent of thc County.
Tcr,Dinrtion: Eithcr Puty nay tcrainrtc this Agecocnt for oonvrnicoco wilh a thitty O0) day
wliu€o noticc.
No Dbcrinlnrtion: Thc Vcndor rgrces tbd lhlre sball bc m disccimination as to rrcc, scx, color'
oreed or national origin.
l4rei The Vcndor shatl provirh inaurarcc as follows:
A. Conmcrcid Gclcnl Llebllltvr covcragc shall havc minimum limits of t1,000,00 Pcr
@ foi foAly Injury Liability rnd hopcrty-Danagc
Liability, ihis shrll incldc-Preoiscs md Opcrations; Iadcpcndcnt VcndoB; hodwts aDd
Conpletcd Opcrations and Contrctrnl Liability'
7.
9.
10.
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16.D.13.a
Packet Pg. 1959 Attachment: Agreement - 74 Family Fun Park v2 (6606 : ATV Ticket to Ride Program)
lt.
B. Wodrcn' Comocnntion: Insurncc covcring all cmployccs mccting Statlory Limi$ in
compliancc with thc applicablc sbtc and fcdcral laws.
Indcmdllcrtion: To thc maximum oilcot pcrmittod by Flci& law, tlrc Vcndor shall indsnni$
and bold harmlcss Collicr County, its officcn and crnployccs from any ard dl lirbilitica, damgc!,
losscs and costs, including, brt not limit d to, reasonablc rtlorncys' fccs and paralcglb' fccs, to
the o<tcnt causcd by thc ncgligc,ncc, rocklcssoess, or intr,ntionally nrrongful conducr ofthc Vcndor
or aoyonc cnrploycd or utilizcd by thc Vcndor in the pcrformanoc of thir Agrccmcnt Thir
indcmnification obligation shall not bc consuuad to negarc, akidge or rcducc ury otbcr rigbtr or
r,caredios which othenryisc rmy bc awilablc to an indemnifcd porty or pctlon &scribod in tbir
paraSrryh"
This scction docr not pcrtain to sny incidcnt uising fron tlc solc rcgligoc of Collicr County.
Subicc't to apprcprhtlop: It is firthcr undccgoort md rycd by ad bctctccd 6c p{tica h.rci!
that lhis rgrcanent is subject to rypropriaion by thc Bord of County Canmissimcn.
Pruhibidon ol Glfu to Corntv Emnlovccr: No organization or individurl sball oficr c givc,
either dircctly or indircctly, my favor, giff" loon, fcc, scrvicc or othcr itcm ofvaluc to uy County
onploycc, as sct forth in Chptcr I 12, Put ltr, Florida $an$cs, Collia C,ounty Ethics Odinrncc
No. 2(XX{5, and Couty Administrative Proccdure 53 I l. Violation of 0ris ptovision nay rcsult
in onc or mors of thc following conscqrmccs: a Pmhibition by thc ildividud, ftn, rod/or rny
einploycc of thc firm from contact wilh Cormty stafrfor a spccificd paiod oftimc; b. Pr,obibition
by tbc individual and/or firn fion doing hxincss with tbc County for a spccifcd pcdod oftinc'
inchding but not limitod to: subniting bids' RFP, d/or quorcs; and, c, Inmodiatc tcrninrtion
of 8!y cootact hcld by tbe individual and/or firm for cause.
14, Aqrccdcnt lerpr: If any portion of this Agrccmen is held to bc voi4 invrli4 or oth€rrvisc
uncnforceablg in wholc or in part, thc rcmaining pottioa of this Agrecmcnt Sall rcmain ia cfroct.
IN WTfNESS| WHERDOF, frcVcodormdthc County, havc oclur,cspoctivclnbymuilhtrizcd
pcnnn or agcnq hcreurdcr sst thcir hards snd ccals on tbc &fc md ycar firs abovc rriaa.
ATTEST:
Crystal Kinzel Intcrin Clcrlc of Courts
BOARD OF COUNTY COMMSSIONERS
COLLIER COTJNTY, FLORIDA
Al.lDY SOLIS, Chairmrn
Datcd:
(sEAL)
t2.
t3.
By:By:
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16.D.13.a
Packet Pg. 1960 Attachment: Agreement - 74 Family Fun Park v2 (6606 : ATV Ticket to Ride Program)
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74 FAMILY FLJN PARK Vcodor
Vtl-rz"JP Savoz*dw
T@ signaturc and titlc
6cp€ru^t--
evlltsAGCl't--
Appovcd as to form md
legElity:
Assistant CountY Atlomcy
Print Namc
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16.D.13.a
Packet Pg. 1961 Attachment: Agreement - 74 Family Fun Park v2 (6606 : ATV Ticket to Ride Program)
16.D.13.b
Packet Pg. 1962 Attachment: Agreement - Florida Tracks and Trails v2 (6606 : ATV Ticket to Ride Program)
4.
5.
Sggqi The term of this Agreement is one year from the date of approval. The County may' at
its discretion and with the consent of the Vendor, renew the Agreemcnt under all of the terms
and conditions contained in this Agrcement for three (3) additional one (l) year periods. The
County shall give the Vendor written notice of the County's intention to extend the Agreernent
term not less than thirty (30) days priot to the end ofthe Agreemeot l€Nrn then in effect.
Setes Trx: Vendor shall pay all sales, consumer, use and other similar tatrcs associated witl this
Agreement.
Notices: All notices from the County to the Vendor shall be decmed duly sewed if mailed or
faxed to ihe Vendor at the following Address:
Florida Tracks & Trails
39450 Bermont Road
Punta Gorda Florida 33982
Ath: Tiffanie Cool
Telcphone: 239 -281 -7 819
Email tiffanie@floridatracksandrails.com
All Notices from the Vendor to thc County shall be deemed duly served if mailed or faxed to the
County to:
Collicr County Parks and Recreation Division
15000 Livingston Road
NaPles, Florida' Florida 34109
Attentiotr: Barry Williams' Director
Telephone: 239 -252403 5
Email: Barry.Williams@collie'rcountyfl .gov
The Vendor and the County may change the above mailing address at any time upon giving the
other party written notification. All notices under this Agreement must b€ h writing.
No prrtnership: Nothing herein contained shall create or be construed as creating a partncrship
b"t "*" th. C"*ty and the Vendor or to constitute the Vendor as an agent of the County'
Terrnincflsgt Either Party may tcrminate this Agreement fof conv€nience with a thirty (30) day
written notice.
No Discrimlnetion: The vendor agrees thar there shatl be no discrimination as to race' sex, colol,
creed or national origin.
Insurance: The Vendor shall provide insrnance as follows:
A. commercid Genenl Lirbllitv: coverage shnll have minimum limits of $1'000'000 Per
@ for Bodily Injury Liabilrf and Propc_rty.Damage
if"Cf1ty. This shall include-Premises and Operations; lndependent Vendors; Products and
Completed Operations and Contractual Liability'
7.
9.
10.
[04-PKR4l I l3lt425713/t]Page 2 of4
16.D.13.b
Packet Pg. 1963 Attachment: Agreement - Florida Tracks and Trails v2 (6606 : ATV Ticket to Ride Program)
ll.
B. I@ff Cg41@: Insurance covering all employees meeting Staturory Limits in
compliance with the applicable state and federal laws.
Indemnilicrtion: To the maximum extent permitted by Florida law, the Vendor shall indemniS
and hold harrrless Collier County, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attomeys' fees and paralegals' fees, to
the ext€nt caused by the negligence, recklessness, or intentionally wrongful conduct of the Vendor
or atryone employed or utilized by the Vendor in the perforrnance of this Agreement. This
indemnification obligation shall not be constnred 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.
Slbiect to rppmpristftrn: It is further undcrstood and agreed by and between the parties herein
that this agreement is subject to appropriation by the Board of County Comrnissionen.
Prohibition of Gifts to Countv Emolovcer: No organization or individual shall offer or give,
either directly or indirectly, any favor, gift, loan, fee, service or other item ofvalue to any County
employee, as set forth in Chapter 1 12, Part IlI, Florida Statutes, Collier County Ethics Ordinance
No. 20M-05, and County Adminisuative Procedure 531 I . Violation of this provision may result
in one or mor€ ofthe following cons€quences: a Prohibition by the individual, fimr, and/or any
employee of the firm from contact with County stafffor a specified period of time; b. Prohibition
by the individual and/or firm from doing busiaess with the County for a specified period oftime,
including but not limited to: submitting bids, RFP, and/or quotes; and, c. Immediate tennination
ofany contract held by the individual and/or firm for cause.
Agfgeng$-terpgi If any portion of this Agreement is held to be void" invalid, or otherwise
unenforceable, in whole or in par! the rcmaining portion ofthis Agreement shall renrain in effect.
IN WTINESS WHEREOF, tlre Vendor and the County, bave eac[ respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
ATTEST:
Crystal Kinzel, Interim Clerk of Courts
BOARD OF COTJNTY COMMISSIONERS
COLLIER COIJNTY, FLORIDA
ANDY SOLIS, Chairman
Dated:
(sEAL)
t2.
13.
14.
By:By:
[04-PKR-01 l l3/1425713/ll Page 3 of4
16.D.13.b
Packet Pg. 1964 Attachment: Agreement - Florida Tracks and Trails v2 (6606 : ATV Ticket to Ride Program)
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16.D.13.b
Packet Pg. 1965 Attachment: Agreement - Florida Tracks and Trails v2 (6606 : ATV Ticket to Ride Program)