Backup Documents 09/25/2018 Item #16D13 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 60 ,
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 3
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 routingjines#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.
2.
3. County Attorney Office County Attorney Office
aper6,4. BCC Office Board of County Nk511 �'
Commissioners v NV.7)f
5. Minutes and Records Clerk of Court's Office / //€ y,'20P4't
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 Matt Catoe Contact Information 239-252-4059
Contact/ Department
Agenda Date Item was 9/25/2018 Agenda Item Number 16.D(agenda#6606)
Approved by the BCC
Type of Document Agreement Number of Original 2 oc eoga.0
Attached Documents Attached L
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 co ,wht< ever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signa .e STAMP OK MC
2. Does the document need to be sent to another agency for dditional signa -s? If yes, MC
provide the Contact Information(Name;Agency;Address; lone • . attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be MC
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 .44C
Office and all other parties except the BCC Chairman and the Clerk to the Board 1
5. The Chairman's signature line date has been entered as the date of BCC approval of the MC
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 MC
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip )r1C—
should be provided to the County Attorney Office at the time the item is input into SIRE. M V `A
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 9/25/2018 and all changes made during
the meeting have been incorporated in the attached 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.
16013
MEMORANDUM
Date: September 27, 2018
To: Matt Catoe, Operations Analyst
Parks & Recreation
From: Teresa Cannon, Deputy Clerk
Boards Minutes & Records Department
Re: "Collier County Tickets to Ride Program"
Agreement" w/Florida Tracks & Trails and 74 Family Fun Park
Attached is a copy of each document referenced above (Item #16D13), approved
by the Board of County Commissioners on Tuesday, September 27, 2018.
The Original is being held in the Minutes & Records Department as part of
the Board's Official Record.
If you have any questions, please contact me at 252-8411.
Thank you.
1 6 013
AGREEMENT
COLLIER COUNTY TICKETS TO RIDE PROGRAM
THIS AGREEMENT, made and entered into on this day of
SLA:142jrciotc- , 2018, by and between Florida Tracks& Trails authorized to do business in the
State of Florida, whose business address is 39450 Bermont Road, Punta Gorda, Florida, 33982,
hereinafter called the"Vendor,"and Collier County,a political subdivision of the State ofFlorida,Collier
County,Naples, hereinafter called the "County":
RECITALS:
WHEREAS,the Collier County Board of County Commissioners has approved a Tickets to
Ride Program for Collier County All-Terrain Vehicle ("ATV") and other Off-Highway Vehicle
("OHV")enthusiasts which will provide Collier County residents with free tickets to ride their vehicles
at ATV and OHV riding locations in Southwest Florida; and
WHEREAS, the Vendor is the owner or operator of an ATV or OHV park and agrees to
provide Collier County residents with valid Collier County issued tickets, the opportunity to use their
tickets at the ATV or OHV Park.
1. Participants:
(a) Collier County residents age 18 years and older are limited to maximum of 2 tickets at a
time. Proof of Collier County residency required (valid Driver's License). Tickets are non-
transferrable.
(b)Tickets are only valid for 90 days from date of issue.
(c) Participants shall pay the vendor any amount over$20 toward the ticket purchase.
(d) Tickets will be issued by the Vendor in consecutive numerical order and provided to the
County for the County to distribute to the public at Max Hasse Community Park.
2. County obligations:
(a)Provide tickets to Collier County residents age 18 years and older.
(b) Monitor ticket costs and not issue tickets in excess of the annual interest earned each
calendar year during the term of the Agreement.
(c)Reimburse participating Vendors for tickets used by Collier County residents at a value of
$20 per ticket/pass in compliance with the Florida Prompt Payment Act, Section 218.74,F.S.
3. Vendor obligations:
(a) Provide Collier County tickets in consecutive numerical order for Collier County to
distribute at Max Hasse Community Park.
(b) Validate each ticket and return ticket to Collier County Parks & Recreation Division
monthly with list of original tickets(numbered in sequence)for reimbursement.
(c) Collect any amount over$20 directly from the Participant.
(d) Participate in the Tickets to Ride Program for one year from date of approval of this
Agreement or until designated funds have been exhausted.
(e)Eligible ATV or OHV Parks Locations: 74 Family Fun Park,Florida Tracks&Trails,and
Devil's Garden Mud Club.
Page 1 of 4
16013
4. Ism 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 Agreement under all of the terms
and conditions contained in this Agreement for three (3) additional one (1) year periods. The
County shall give the Vendor written notice of the County's intention to extend the Agreement
term not less than thirty(30)days prior to the end of the Agreement term then in effect.
5. Sales Tax; Vendor shall pay all sales,consumer,use and other similar taxes associated with this 44
Agreement.
6. Notices:, All notices from the County to the Vendor shall be deemed duly served if mailed or
faxed to the Vendor at the following Address:
Florida Tracks&Trails
39450 Benmont Road
Punta Gorda,Florida 33982 I 1
Attn: Manic Cool 1 ,
Telephone: 239-281-7819
Email: tifanie a@floridatrackssandtrails.com
All Notices from the Vendor to the County shall be deemed duly served if mailed or faxed to the
County to:
Collier County Parks and Recreation Division
15000 Livingston Road
Naples,Florida,Florida 34109
Attention: Barry Williams,Director
Telephone: 239-252-4035
Email: Bar y.Williams®colliercountyfl.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 be in writing.
7. No Pershio: Nothing herein contained shall create or be construed as creating a partnership
between the County and the Vendor or to constitute the Vendor as an agent of the County.
8. Tkrmination: Either Party may terminate this Agreement for convenience with a thirty(30)day
written notice.
9. No Discrimination: The Vendor agrees that there shall be no discrimination as to race,sex,color,
creed or national origin.
10. Insurance: The Vendor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of$1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations;Independent Vendors;Products and
Completed Operations and Contractual Liability.
[04_PKR_o 1113/1425713/11 Page 2 of 4
16013
• B. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws.
11. Indemnification: To the maximum extent permitted by Florida law,the Vendor 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 Vendor
or anyone employed or utilized by the 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 Collier County.
12. Subject to appropriation: 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.
13. Prohibition of Gifts to County Employees: No organization or individual shall offer or give,
either directly or indirectly,any favor,gift,loan,fee,service or other item of value to any County
employee,as set forth in Chapter 112,Part III,Florida Statutes,Collier County Ethics Ordinance
{ No.2004-OS,and County Administrative Procedure 5311. Violation of this provision may result
in one or more of the following consequences:a. Prohibition by the individual,firm,and/or any
employee of the fine from contact with County staff for a specified period of time;b.Prohibition
by the individual and/or firm from doing business with the County for a specified period of time,
including but not limited to: submitting bids,RFP,and/or quotes;and,c.Immediate termination
of any contract held by the individual and/or finn for cause.
14. Agreement terms: If any portion of this Agreement is held to be void, invalid, or otherwise
• unenforceable,in whole or in part,the remaining portion of this Agreement shall remain in effect.
•
IN WITNESS WHEREOF,the Vendor and the County,have each,respectively,by an authorized
person or agent,hereunder set their hands and seals on the date and year first above written.
BOARD OF C I COMMISSIONERS
ATTEST: ? :g COLLIER C' I k ,FLO' s
Crystal . I, ,., ,' lerk of Co
By: . A(Allor "'ANDY S i IS,Chairman
Dated: g Y J l a
',dega's to Chairman's
,iq;nature only.
(SEAL)
104-PKR-01113/142571311] Page 3 of CAO
16013
FLORIDA TRACKS&TRAILS,Vendor
By: sti fitness Signature
Cmc)
tTypefprint witness name
Zo -- �
(3±(2e Iff-t-c (a) (
Second Witness "I ped signature and nue
ARA3ev Gdc
tType/print witness name
Approved as to form and
legality:
-wrstant County Atto • y
Co leen M 65-v01'2--
Print Name
104-PKR-OI 113/1425713/7) Page 4 of 4 1
i;r
Scanned with CamScanner
16013
AGREEMENT
COLLIER COUNTY TICKETS TO RIDE PROGRAM
THIS AGREEMENT, made and entered into on this 20A\ day of
,Se_ r ,2018,by and between 74 Family Fun Park authorized to do business in the State
of Flonda, whose business address is 44800 Bermont Road, Punta Gorda, Florida, 33982, hereinafter
called the "Vendor," and Collier County, a political subdivision of the State of Florida, Collier County,
Naples,hereinafter called the "County":
RECITALS:
WHEREAS,the Collier County Board of County Commissioners has approved a Tickets to
Ride Program for Collier County All-Terrain Vehicle ("ATV") and other Of Highway Vehicle
("OHV") enthusiasts which will provide Collier County residents with free tickets to ride their vehicles
at ATV and OHV riding locations in Southwest Florida; and
WHEREAS, the Vendor is the owner or operator of an ATV or OHV park and agrees to
provide Collier County residents with valid Collier County issued tickets, the opportunity to use their
tickets at the ATV or OHV Park.
1. Participants:
(a) Collier County residents age 18 years and older are limited to maximum of 2 tickets at a
time. Proof of Collier County residency required (valid Driver's license). Tickets are non-
transferrable.
(b)Tickets are only valid for 90 days from date of issue.
(c)Participants shall pay the vendor any amount over$20 toward the ticket purchase.
(d) Tickets will be issued by the Vendor in consecutive numerical order and provided to the
County for the County to distribute to the public at Max Hasse Community Park.
2. County obligations:
(a)Provide tickets to Collier County residents age 18 years and older.
(b) Monitor ticket costs and not issue tickets in excess of the annual interest earned each
calendar year during the term of the Agreement.
(c)Reimburse participating Vendors for tickets used by Collier County residents at a value of
$20 per ticket/pass in compliance with the Florida Prompt Payment Act, Section 218.74, F.S.
3. Vendor obligations:
(a) Provide Collier County tickets in consecutive numerical order for Collier County to
distribute at Max Hasse Community Park.
(b) Validate each ticket and return ticket to Collier County Parks & Recreation Division
monthly with list of original tickets(numbered in sequence)for reimbursement.
(c)Collect any amount over$20 directly from the Participant.
(d) Participate in the Tickets to Ride Program for one year from date of approval of this
Agreement or until designated funds have been exhausted.
(e)Eligible ATV or OHV Parks Locations: 74 Family Fun Park, Florida Tracks&Trails and
Devil's Garden Mud Club.
C
Page 1 of 4 10)
16013
4. Lem, 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 Agreement under all of the terms
and conditions contained in this Agreement for three (3) additional one(1) year periods. The
County shall give the Vendor written notice of the County's intention to extend the Agreement
term not less than thirty(30)days prior to the end of the Agreement term then in effect.
5. $ales Tax: Vendor shall pay all sales,consumer,use and other similar taxes associated with this
6. Noticai All notices from the County to the Vendor shall be deemed duly served if mailed or
faxed to the Vendor at the following Address:
74 Family Fun Park
44800 Betinont Road
Punta Gorda,Florida 33982
Attn: Katrina Salokar
Telephone: 239-470-5611
Email: ks@paradisecg.com
All Notices from the Vendor to the County shall be deemed duly served if mailed or faxed to the
County to:
Collier County Parks and Recreation Division
15000 Livingston Road
Naples,Florida,Florida 34109
Attention: Barry Williams,Director
Telephone: 239-252-4035
Email: Barry.Wiiliams®colliercountyfl.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 be in writing.
7. 4.Partnership: Nothing herein contained shall create or be construed as creating a parmaship
between the County and the Vendor or to constitute the Venda as an agent of the County.
8. Termination: Either Party may terminate this Agreement for convenience with a thirty(30)day
written notice.
9. No Discrimination: The Vendor agrees that there shall be no discrimination ation as to race,sex,color,
creed or national origin.
10. Insurance: The Vendor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of$1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations;Independent Vendors;Products and
Completed Operations and Contractual Liability.
[04-PKR-01113/142570911) Page 2 of4 ()
16013
B. Workers' Oomaensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws.
11. IIylemaifgtioa: To the maximum extent permitted by Florida law,the Vendor 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 Vendor
or anyone employed or utilized by the 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
P
This section does not pertain to any incident arising from the sole negligence of Collier County.
12. Subject to anoronriation`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.
13. Prohibition of Gifts to County Egan1ovees: No organization or individual shall offer or give,
either directly or indirectly,any favor,gift,loan,fee,service or other item of value to any County
employee,as set forth in Chapter 112,Part III,Florida Statutes,Collier County Ethics Ordinance
No.2004-05,and County Administrative Procedure 5311. Violation of this provision may result
in one or more of the following consequences:a.Prohibition by the individual,firm,and/or any
}
employee of the firm from contact with County staff for a specified period of time;b.Prohibition
by the individual and/or firm from doing business with the County for a specified period of time,
including but not limited to:submitting bids,RFP,and/or quotes;and,c.Immediate termination
of any contract held by the individual and/or firm for cause.
14. Agreement terms: If any portion of this Agreement is held to be void, invalid, or otherwise
unenforceable,in whole or in part,the remaining portion of this Agreement shall remain in effect.
IN WITNESS WHEREOF,the Vendor and the County,have each,respectively,by an authorized
person or agent,hereunder set their hands and seals on the date and year first above written.
BOARD OF I ' COMI/SSI s NERS
ATTEST: COLLIERAir ,FLORID
a ', r % Clerk of Courts
_ •/ I I It% By: LL
ANDY SO IS,Chairman
Dated a `1)
Attest as to Chairman's
($ jlrnature only.
104-PKR-01113/1425709/1] Page 3 of 4
16013
74 FAMILY FUN PARK,Vendor
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kitAagleel
First Witness Si
�••: �/�S!1 D `Th€ -r1S u-t
tTypc/print witness namet
J)64nig. 4AA k, i R-r'- SAt.DK-Aii- N TL.AL.
Second Witness Typed signature and title ti/1 IVA(a Ch---
/1
) _
1i
tType/print witness name?
Approved as to form and
legality:
Y'(s)4Jz_
County Attornel
cot veld v 61(een
Print Name
(04-PKR-01113/1425704/1) Peke 4 of 4