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Agenda 06/09/2009 Item #16D 7 Agenda Item No. 1607 June 9, 2009 Page 1 of 6 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve and sign a limited use license agreement between the Board of County Commissioners and the Naples Junior Chamber of Commerce, Inc., approving use of specified county-owned property for conducting a July 4th Fireworks Festival. OBJECTIVE: To provide a means for the Collier County Community to recognize and celebrate the nation's independence through a community 4th of July Festival. CONSIDERATIONS: The Naples Junior Chamber of Commerce, Inc. (Jaycees) has partnered with the County to provide a free 4th of July event for the community for several years. Pursuant to this Agreement, the Collier County Parks and Recreation will provide a $25,000 contribution that will be used to support the event and will be paid, as is standard practice, through a reimbursement method. The event as proposed this year, will be a family-oriented event with musical entertainment, food vendors, and fireworks at dusk. The agreement requires that the Jaycees make arrangements for appropriate levels of law enforcement personnel, fire department and emergency medical services personnel and specific insurance coverage for the event as prescribed by the County's Risk Management Office. GROWTH MANAGEMENT IMPACT: None. .- FISCAL IMPACT: The cost of this agreement will be $25,000. Funds have been included as part of the FY 2009 Sugden Regional Park budget in Fund 001 and cost center 156361. LEGAL CONSIDERATIONS: This item is not quasi judicial, ex parte disclosure is not required, requires majority vote, and is legally sufficient for Board action. - CMG RECOMMENDATION: That the Board approve and authorize the Chairman to execute the attached Limited Use License Agreement between Collier County and the Naples Junior Chamber of Commerce, Inc. to produce a Fourth of July Community event at Sugden Regional Park. Prepared by: Murdo Smith, Region 1 Manager, Parks and Recreation - Page I of I Agenda Item No. 16D7 June 9, 2009 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16D7 Meeting Date: Recommendation to approve and sign a limited use license agreement between the Board of County Commissioners and the Naples Junior Chamber of Commerce, Inc., approving use of specified county-owned property for conducting a July 4th Fireworks Festival. 6/9/2009 9:00:00 AM Item Summary: Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 5/26/2009 1 :46 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 5/28120098:59 AM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 611/2009 2:25 PM Approved By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 6/1/20094:30 PM Approved By Barry lIIIilliams Director Date Public Services Parks and Recreation 6/2/2009 8:38 AM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 612/20093:51 PM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 6/2/20095:00 PM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 612/2009 5:05 PM file://C:\AgendaTest\Export\ 131-June%209,%202009\16.%20CONSENT%20AGENDA\16D... 6/3/2009 Agenda Item No. 1 D7 June 9, 2 09 Page 3 f 6 LIMITED USE LICENSE AGREEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, AND THE NAPLES JUNIOR CHAMBER OF COMMERCE, INC., A NOT-FOR-PROFIT FLORIDA CORPORATION, APPROVING USE OF SPECIFIED COUNTY- OWNED PROPERTY FOR CONDUCTING A JULY 4TH FIREWORKS FESTIVAL. This is entered into this _ day of by and between the Board of County Commissioners, Collier County, Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Board", and Naples Junior Chamber of Commerce, Inc. (Naples Jaycees) not-for-profrt Florida corporation, whose mailing address is Post Office Box 7721, Naples, Florida 34101, hereinafter referred to as "Organization". WHEREAS, the Organization requests the use of County-owned land for the purpose of holding activities for conducting a Naples Jaycees July 4th Festival and Fireworks Display to be held on July 4, 2009. WHEREAS, the Board is willing to approve the use of County-owned land for such purposes as are specified herein: NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. The Board hereby approves the use of a portion of County-owned property identified as Sugden Regional Park as shown in Exhibit "A" attached hereto and made a part hereof, hereinafter referred to as the "Property" for the purpose of holding activities for a July 4th Festival, hereinafter referred to as the "Event". The Board hereby grants the Organization the right to photograph, record, televise, broadcast, distribute, exhibit, advertise and promote the Event. The Board has rights to use pictures for promotion of this program. Use of the Property by the Organization shall be from July 3rd through July 5th. The park will remain open to the public during these times. The day of the event only pedestrian public traffic will be allowed to enter the park 2. The organization shall be responsible for all on and off-site Event operations and revenue as well as the administration of all revenue derived from the Event. The Organization shall have the sole right and responsibility with respect to the granting of concessions (such as food, beverages, programs), sponsorship and merchandising rights and the revenue therefrom subject to approval of the Public Services Administrator. 3. The Organization shall monitor, control and assume responsibility for all activities, vendors, licensees, and invitees associated with holding of the Event, such responsibility not being limited to trash collection and clean-up of the Property. Repair of damaged areas will be at the expense of the Organization. Board shall not be obligated or required to improve, repair, or maintain the Property or any part thereof in any manner whatsoever. 4. The Organization shall acquire all permits required by Collier County and any other governmental entity to conduct such an event and related activities on the Property. The Organization shall ensure clean up of the Property by close of business on July 5th. 5. Prior to making any changes, alterations, additions or improvements to the Property, the organization shall provide to the Parks and Recreation Department, in writing, all proposals and plans for alterations, improvements, changes or additions to the Property. The Organization covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the ProA43rty, to observe and comply with all present and future laws, ordinances, rules\ regulations, and requirements of the United States of America, State of Florida, County of Collier, -:4 Agenda Item No. 1 07 June 9, 2 09 Page 4 f 6 and any and all governmental agencies. All permanent alterations, improvements, and additions to the Property shall, at once, when made or installed, be deemed as attached to the freehold and to have become the property of Collier County and shall remain for the benefit of the County at the end of the term set forth in this agreement in as good order and condition as they were when installed, reasonable wear and tear excepted; provided, however, if Board so directs, the Organization shall promptly remove all portable and non-permanent additions, improvements, alterations, fIXtures and installations which were placed in, on, or upon the Property on behalf of the Organization, and repair any damage caused to the Property by such removal. 6. Organization agrees that the Event will be managed in such a way as to comply with all other Collier County ordinances, codes and Parks and Recreation Department policies. In particular, the event noise, except the fireworks themselves, will be managed to limit any sound amplification to meet the Collier County Noise Ordinance. There shall be no on-site sales, promotion, or consumption of, alcoholic beverages within the park boundaries. There shall be no on-site sales and promotion of any tobacco product within the park boundaries. 7. Organization agrees to: A. Provide on or before May 30th to the Parks and Recreation Department and appropriate Development Services staff an application for a special events permit. A logistical schedule of events (e.g. deliveries, set-up, clean up, etc.) will be included within the special events permit application package. The Board of County Commissioners will accept in-kind services a payment for the permit fee in the form of advertising of a value equal to or greater than the rental rate. B. Meet on the Property on or before June 4,2009 with representatives from the Collier County Parks and Recreation Department, the East Naples Fire Control District, the Collier County Sheriff's Department and Collier County EMS. The Organization will have or will have provided in advance of the meeting: 1. Fire Retardant Certificates and safety inspection for all tents to the East Naples Fire Department; 2. A copy of the certificates of all insurance required by this agreement, 3. A security, parking and pedestrian crossing plan agreed to in writing by the Collier County Sheriffs Department, 4. Written confirmation for on and required off-site fire protection from the East Naples Fire District and/or other authorized County Fire Districts, 5. Written confirmation for on-site Emergency Medical Services from the Collier County EMS Department, and 6. A copy of the organization's "Chairman's Planning Guide". C. Collier County reserves the right to add additional entertainment. Any entertainment will be discussed in advance with the Jaycees prior to event. 8. Organization agrees to manage the Event as outlined within the Chairman's Planning Guide prepared by Organization. Such plans shall be made a part of this Agreement. Revisions to the Chairman's planning Guide after the meeting of June 4,2008 referenced in paragraph seven (7-B) will require the review and approval of the Public Services Administrator. Should inclement weather require cancellation of the event on July 4th, such a decision will be made in conjunction with the Organization and the Public Services Administrator as agreed to by the Organization and the Public Services Administrator, July 5, 2009. All subsequent dates of this agreement will be adjusted accordingly. 9. The Organization agrees that all persons involved with the handling of fireworks will be qualified personnel and all persons involved with the igniting of fireworks will be licensed pyro-technicians. In addition the Organization agrees that a professionally produced fireworks show with a minimum value of $25,000 will be provided. 10. Organization shall indemnify, defend and hold harmless Board, its agents and employees from and against any and all liability (statutory or otherwise), damages, 2 .-.Ji Agenda Item NO.1 07 June 9, 2 09 Page 5 f 6 claims, suits, demands, judgments, costs, interest and expenses (including, but not limited to, attorneys' fees and disbursements both at trial and appellate levels) arising, directly or indirectly, from any injury to, or death of, any person or persons or damage to property (including loss of use thereof) related to (A) Organization's use of the Property, (B) any work or thing whatsoever done or any condition created (other than solely by Board, its employees, agents or contractors) by or on behalf of Organization in, about, on or with the Property, (C) any condition of the Property due to or resulting from any default by Organization in the performance of Organization's obligations under this Agreement, and (0) any act, omission or negligence of Organization, its agents, contractors, employees, subtenants, licensees or invitees. In case any action or proceeding is brought against any of the above by reason of anyone or more thereof, Organization shall pay all costs, attomeys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if Board shall so request, at Organization's expense, by counsel reasonably satisfactory to Board, except where such damage or injury is the result of the gross negligence or willful misconduct of the Board or its employees 11. The Organization accepts the property "as is." The Board shall not be liable for any injury or damage to any person or property caused by the elements or by other persons on the Property, or from the street or sub-surface, or from any other place, or for any interference caused by operations by or for a govemmental authority. 12. The Board shall not be liable for any loss of property, including loss due to petty theft of any property occurring on the Property or any part thereof. The Organization agrees to hold the Board harmless from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of the Board or its employees. 13. (a) Organization shall provide and maintain special event general liability and property liability insurance policy(ies), approved by the Collier County Risk Management Department for not less than One Million Dollars and No/Cents ($1,000,000) combined single limits during the term of this Agreement. (b) Collier County shall be listed as additional insured on the commercial general liability policy. Evidence of such insurance shall be provided to the Collier County Risk Management Department, 3301 East Tamiami Trail, Administration Building, Naples, Florida, 34112, for approval prior to the commencement of this Agreement; and shall include a provision requiring ten (10) days prior written notice to Collier County clo County Risk Management Department in the event of cancellation or changes in policy(ies) coverage. Board reserves the right to reasonably amend the insurance requirements by issuance of notice in writing to Organization. Upon receipt of such notice, Organization shall have ten (10) days in which to obtain such additional insurance. 14. This Limited Use License Agreement shall be administered on behalf of the Board by and through the Collier County Parks and Recreation Department. 15. It is the responsibility of the Organization to properly notify the general public of closed roads and designated parking areas. In particular notification shall be provided to all homes located on Outer Drive, Lombardy Lane, Dale Avenue, Pineland Avenue, Cindy Avenue, Mohawk Place, Mindi Avenue, Rose Avenue, and Poplar Way. The Organization shall ensure that the park and all park facilities remain open and accessible to the public. 16. This Agreement is not assignable. Any attempt to assign shall be void ab initio. 17. The Rental Rate for the festival is $800. The Board of County Commissioners will accept in-kind services a payment for the rental rate in the form of advertising of a value equal to or greater than the rental rate. Specifically, "Collier County" or the Collier County Logo is to appear on all printed promotional materials related to the event, and Collier County is in all instances to be recognized as a co-sponsor of the event 3 Agenda Item NO.1 07 June 9, 2 09 Page 6 f 6 18. This Agreement represents a bare license for the Organization's use of the property and does not convey any estate in the Property or create any interest therein whatsoever. 19. The Organization represents and warrants to the Board that no hazardous materials will be discharged to the air, grounds, sewer, or to any septic system on the Property except fireworks are planned to be discharged in the air and on the ground according to plan. 20. The Organization shall be responsible for paying all taxes and charges associated with or resulting from the holding of this Event. 21. Pursuant to this Agreement. the Board shall provide twenty-five thousand dollars ($25,000) for the Festival. The funding is to be used for pennit fees, park fees, entertainment fees, sheriffs department fees, camival fees and/or fireworks fees. Funds will be paid on a reimbursement basis upon the submission of copies of paid invoices. All invoices will be signed by the President or Treasurer of the Naples Junior Chamber of Commerce attesting that the goods are services indicated by the invoice were received. 22. This Agreement is govemed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have made and executed this Limited Use License Agreement as of the day and year first above written. AS TO THE ORGANIZATION: NAPLES JUNIOR CHAMBER OF COMMERCE, INC. L By: ~ '<Y"\(\~ Q---."1 tnR Dan Malinowski, Chairman of the Board t...l,I(,Ei ~n-=>~~ (print name) AS TO THE COUNTY: ATIEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk of Courts By: By: Donna Fiala, Chainnan Deputy Clerk . LIlI._ Cou Approved as to 1'; and legal su . 4