Agenda 12/13/2016 Item #16D 9 16.D.9
12/13/2016
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute a Collier County Tourist
Development Council Category "A" Grant Agreement with the City of Naples for $100,000 to
repair the concession pavilion at the Naples Lowdermilk Beach Park and make the finding that the
project promotes tourism.
OBJECTIVE: To provide Collier County Tourist Development Council grant funding for the repair of
the concession pavilion at the Naples Lowdermilk Park and enter into an Agreement with the City of
Naples to provide that funding.
CONSIDERATIONS: The City of Naples was approved for use of TDC Category "A" Beach Park
Facility Fund (183) funds to replace the hurricane tie down straps and truss gusset plates at the
Lowdermilk Park Concession Pavilion. The original items have all rusted and need to be replaced with
stainless steel fasteners so the roof is secured to the roof trusses and frame.
Attached is the original application and Agreement (Exhibit A). The application provides a detail of the
request and budget of$100,000.
FISCAL IMPACT: Funds in the amount of$100,000 are available in TDC Beach Park Facilities Fund
(183)Lowdermilk Pavilion Project(80343).
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to
this action.
ADVISORY BOARD RECOMMENDATION: The Tourist Development Council approved and
recommended the expenditure as a project that promotes tourism on April 25, 2016 with a vote of 8-0 in
favor. The Parks and Recreation Advisory Board recommended the expenditure and that it met the
requirements of a Beach Park Facility and was a project that promotes tourism on April 20, 2016 with a
vote of 7-0 in favor.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for approval. -CMG
RECOMMENDATION: That the Board of County Commissioners approves and authorizes the
Chairman to execute the Tourist Development County Category "A" Grant Agreement with the City of
Naples in the amount of $100,000 to repair the Naples Lowdermilk concession pavilion and makes a
finding that the expenditure promotes tourism.
Prepared by: Barry Williams, Director, Collier County Parks and Recreation
ATTACHMENT(S)
1.Lowdermilk Pavilion TDC Agreement (PDF)
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16D.9
12/13/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.9
Item Summary: Recommendation to approve and authorize the Chairman to execute a Collier
County Tourist Development Council Category "A" Grant Agreement with the City of Naples for
$100,000 to repair the concession pavilion at the Naples Lowdermilk Beach Park and make the finding
that the project promotes tourism.
Meeting Date: 12/13/2016
Prepared by:
Title: Operations Analyst—Parks &Recreation
Name: Natali Betancur
11/08/2016 3:04 PM
Submitted by:
Title: Division Director-Parks&Recreation—Parks&Recreation
Name: Barry Williams
11/08/2016 3:04 PM
Approved By:
Review:
Parks&Recreation Barry Williams Additional Reviewer Completed 11/09/2016 11:30 AM
Parks&Recreation Ilonka Washburn Additional Reviewer Completed 11/09/2016 2:50 PM
Public Services Department Amanda O.Townsend Additional Reviewer Completed 11/14/2016 4:48 PM
Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 11/17/2016 1:23 PM
Public Services Department Steve Camel/ Level 2 Division Administrator Review Completed 11/18/2016 8:27 AM
County Attomey's Office Colleen Greene Level 2 Attorney Review Completed 11/21/2016 10:54 AM
Grants Edmond Kushi Level 2 Grants Review Completed 11/21/2016 2:41 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/21/2016 4:25 PM
County Attomey's Office Jeffrey A.Klatzkow Level 3 County Attomey's Office Review Completed 11/22/2016 8:28 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 11/23/2016 2:55 PM
Grants Therese Stanley Additional Reviewer Completed 12/05/2016 11:03 AM
County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 12/05/2016 11:47 AM
Board of County Commissioners MaryJo Brock Meeting Pending 12/13/2016 9:00 AM
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2016-2017 TOURISM AGREEMENT BETWEEN COLLIER
COUNTY AND THE CITY OF NAPLES FOR FY 17
CATEGORY"A" CITY OF NAPLES PROJECT.
THIS AGREEMENT is made and entered into this day of
2016, by and between the City of Naples, hereinafter referred to as "GRANTEE" and Collier
County, a political subdivision of the State of Florida,hereinafter referred to as "COUNTY."
RECITALS:
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WHEREAS, CITY has submitted applications for Category "A" Tourist Development o
Tax Funds in the aggregate amount of One Hundred Thousand Dollars ($100,000.00) for the •-
Naples Lowdermilk Park Concession Pavilion Repair for fiscal year 2016-2017 as described in
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Exhibit"A"to this Agreement(the "Projects"); and
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WHEREAS, the Tourist Development Council ("TDC") made a recommendation to fund
this Project using Category A Tourist Development funds and made a recommended finding that
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this expenditure promotes tourism; andCD
WHEREAS, the Collier County Board of County Commissioners accept the findings of
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the TDC and desire to fund the Project as a valid and worthwhile public purpose and find that
these expenditures promote tourism.
NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES
PROVIDED HEREIN AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY
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AGREED AS FOLLOWS:
1. SCOPE OF WORK. GRANTEE prepared detailed applications and proposals outlining -
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the Project to be accomplished, along with a project budget, as part of the grant application
process, hereinafter referred to as "Proposals," attached as Exhibit "A." GRANTEE shall
provide the project activities outlined in the Proposal within the budgeted amounts provided in
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the Proposal. GRANTEE shall not be reimbursed for any expenditure not included in the
Proposal nor be reimbursed for amounts in excess of those provided in the Proposal unless an
amendment to this Agreement is entered into by GRANTEE and COUNTY.
2. PAYMENT AND REIMBURSEMENT. The aggregate maximum reimbursement under
this Agreement shall be One Hundred Thousand Dollars and No/100 ($100,000.00). GRANTEE
shall be paid in accordance with the fiscal procedures of COUNTY upon submittal of an invoice .
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and upon verification that the services described in the invoice are completed or that goods have
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been received. :�
2.1 GRANTEE shall determine that the goods and services have been properly provided
and shall submit invoices to the County Manager or his designee. The County Manager, or his 3
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designee, shall determine that the invoice payments are authorized and the goods or services ••
covered by such invoice have been provided or performed in accordance with such authorization. .
The budget for each project, attached as Exhibit "B," shall constitute authorization of the
expenditure described in the invoices provided that such expenditure is made in accordance with a
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this Agreement.
2.2 Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit
thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt
of goods or performance of the services invoiced. GRANTEE shall certify in writing that all 3
subcontractors and vendors have been paid for work and materials from previous payments
received prior to receipt of any further payments. COUNTY shall not pay GRANTEE until the
Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with
the law.
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2.3 GRANTEE shall be paid for its actual cost not to exceed the maximum amount
budgeted pursuant to the attached Exhibit"B."
3. ELIGIBLE EXPENDITURES. Only eligible expenditures described in Proposals will be
paid by COUNTY. Any expenditure paid by COUNTY which are later deemed to be ineligible
expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY'S written request
to repay said funds. COUNTY may request repayment of funds for a period of up to one (1)year
after termination of this Agreement or any extension or renewal thereof.
4. PAYMENT REQUESTS. Payment requests for interim draws and final payment must be
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submitted to the County in the form of the Request for Funds form attached to this Agreement as _Ne
Exhibit "C." All payments are on a reimbursement basis only after proof of paid invoices are
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presented to the County. County may withhold any interim draw for failure to provide the
interim status report, and County shall withhold final payment until receipt of the final status
report or other final report acceptable to County. All invoices and requests for payment
including the final payment must be received within sixty (90) days of termination of this
Agreement. Any invoices and requests for payment not received in this time frame shall be
•returned to the Grantee and rejected for payment.
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5. INSURANCE. GRANTEE is required to submit a Certificate of Insurance naming
Collier County, and its Board of County Commissioners and the Tourist Development Council as
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additional insured. The insurance coverages identified in the Certificate of Insurance shall be
maintained without interruption from the date of commencement of the Project until the date of
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completion of all Projects required hereunder or as specified in this Agreement, whichever is
longer. The Certificate of Insurance shall be issued by a company licensed in the State of
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Florida, with a current A.M. Best Financial rating of"Class VI" or higher, and provide General
Liability Insurance for no less than the following amount:
Bodily Injury Liability- $300,000 each claim per person
Property Damage Liability-$300,000 each claim per person
Personal Injury Liability-$300,000 each claim per person
Worker's Compensation and Employer's Liability—Statutory d
The Certificate of Insurance must be delivered to the County Manager, or his designee, within
ten (10) days of execution of this Agreement by COUNTY. GRANTEE shall not commence
activities which are to be funded pursuant to this Agreement until COUNTY has received the a
1 Certificate of Insurance.
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6. CHOICE OF VENDORS AND FAIR DEALING. GRANTEE may select vendors or
subcontractors to provide services as described in Proposal. COUNTY shall not be responsible M
for paying vendors and shall not be involved in the selection of subcontractors or vendors.
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GRANTEE agrees to disclose any relationship between GRANTEE and subcontractors and/or
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vendors, including, but not limited to, similar or related employees, agents, officers, directors o
and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of the c
expenditures and require repayment if invoices have been paid under this Agreement ement for a
unreasonable expenditures. The reasonableness of the expenditures shall be based on industry
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standards.
7. INDEMNIFICATION. To the extent permitted by law, GRANTEE shall hold harmless
and defend COUNTY, and its agents and employees,from any and all suits and actions including
attorney's fees and all costs of litigation and judgments of any name and description arising out
of or incidental to the performance of this Agreement or work performed thereunder. This
provision shall also pertain to any claims brought against the COUNTY by any employee of the
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16.D.9.a'',-
named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to
perform work by any of them. GRANTEE'S obligation under this provision shall not be limited
in any way by the agreed upon Agreement price as shown in this Agreement or GRANTEE'S
limit of,or lack of, sufficient insurance protection.
8. NOTICES. All notices from COUNTY to GRANTEE shall be in writing and deemed
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duly served if mailed by registered or certified mail to GRANTEE at the following address:
Dana A. Souza,Community Service Director
City of Naples
280 Riverside Circle
Naples, Florida 34102
All notices from GRANTEE to COUNTY shall be in writing and deemed duly served if mailed
by registered or certified mail to COUNTY at the following address: J
Barry Williams, Division Director
Parks and Recreation
Collier County Government
15000 Livingston Road E
Naples,Florida 34109
BarryWilliamscolliergov.net
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GRAN FEE and COUNTY may change their above mailing address at any time upon giving the
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other party written notification pursuant to this section.
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9. NO PARTNERSHIP. Nothing herein contained shall be construed as creating a
partnership between COUNTY and GRANTEE, or its vendor or subcontractor, or to constitute -a
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GRANTEE, or its vendor or subcontractor,as an agent or employee of COUNTY.
10. TERMINATION. COUNTY or GRANTEE may cancel this Agreement with or without
cause by giving thirty (30) days advance written notice of such termination pursuant to Section 8
and specifying the effective date of termination. If COUNTY terminates this Agreement,
COUNTY will pay GRANDEE for all expenditures incurred, or contractual obligations incurred
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with subcontractors and vendors, by GRANTEE up to the effective date of the termination so
long as such expenses are eligible.
11. GENERAL ACCOUNTING. GRANTEE is required to maintain complete and accurate
accounting records and keep tourism tourist development tax funds in a separate checking
account. All revenue related to the Agreement should be recorded, and all expenditures must be
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incurred within the terms of this Agreement. Q
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12. AVAILABILITY OF RECORDS. GRANTEE shall maintain records,books,documents,
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papers and financial information pertaining to work performed under this Agreement.
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GRANTEE agrees that COUNTY, or any of its duly authorized representatives, shall, until the
expiration of three (3) years after final payment under this Agreement, have access to, and the
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right to examine and photocopy any pertinent books, documents, papers, and records of
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GRANTEE involving transactions related to this Agreement. CNI
4.413. AVAILABILITY OF FUNDS. This Agreement is subject to the availability of Tourist
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Development Tax revenues. If for any reason tourist tax funds are not available to fund all or
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part of this Agreement, the COUNTY may upon written notice, at any time during the terms of
this Agreement,and at its sole discretion,reduce or eliminate funding under this Agreement.
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14. PROHIBITION OF ASSIGNMENT. GRANTEE shall not assign, convey, or transfer in --`
whole or in part its interest in this Agreement without the prior written consent of COUNTY. 3
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15. TERM. This Agreement shall become effective on October 1, 2016, and shall remain
effective until sixty (60) days after completion of the Project described in Exhibit "A," but no
later than November 29, 2017.
16. AMENDMENTS. This Agreement may only be amended in writing by mutual
agreement of the parties and after recommendation by the Tourist Development Council.
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17. REQUEST FOR EXTENSION. Any request for additional time to complete the project
described herein or any request for additional tourist development tax funds must be made in
writing and received by the County Manager or designee at least thirty(30) days prior to the end
date of this Agreement as provided in Section 15,TERM.
18. RECORDATION. This Agreement shall be recorded in the public records of Collier
County, Florida.
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19. PUBLIC RECORDS.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE TT
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE a.
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THE CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT Communication & Customer Relations Division, 3299 East o
Tamiami Trail, 1st Floor,Naples, Florida,34112, (239) 252-8069.
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(b) A provision that requires the contactor to comply with public records laws,
specifically to: E
1. Keep and maintain public records required by the public agency to
perform the service.
2. Upon request from the public agency's custodian of public records,
provide the agency with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or
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as otherwise provided by law.
3, Ensure that public records that are exempt or confidential and exempt a_
from public records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract terms and following completion of the contract if the contractor does not
transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency
all public records in possession of the contractor or keep and maintain public records required by
the public agency to perform the service. If the contractor transfers all public records to the
public agency upon completion of the contract, the contractor shall destroy any duplicate public .c
records that are exempt or confidential and exempt from public records disclosure requirements. css
If the contractor keeps and maintains public records upon completion of the contract, the
contractor shall meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public agency's
custodian of public records, in a format that is compatible with the information technology
systems of the public agency.
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IN WITNESS WHEREOF, GRANTEE and COUNTY have each respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
DATED: BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
DWIGHT E.BROCK, Clerk
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By:
,Deputy Clerk DONNA FIALA, Chairman
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Approved as to form and legality:
Colleen M. Greene
Assistant County Attorney
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AU!'JST: (corporate seal)
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CITY OF NAPLES a
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, 4 .. . 444'"*., By: o_
• ,Ci "Irk BILL BARNETT, Mayor
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Approved as '
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legal sufficiency: -�
ROBERT D.PRITT, Ci Attorney
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16.D.9.a
April 25,2016
COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL New Business 7-f
5 of 18
CATEGORY"A"GRANT APPLICATION
2017 Beach Park Facilities
Naples Lowdermilk Park Concession Pavillon Repair
(Project Title)
1. Name and Address of Project Sponsor Organization:
City Of Naples
735 Eighth Street South a)
Naples,Florida 34102
2. Contact Person,Title and Phone Number:
Name: Dana A. Souza, Community Services Director
Address: 280 Riverside Circle
City: Naples State: FL ZIP: 34102
Phone: 2391213-7120 FAX: 2391213-7130 Email: dsouzagknapiespov.com °
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3. Organization's Chief Elected Official and Title: a.
Hon.John F.Sorey ill, Mayor—Through April 6, 2016
Hon. Bill Barnett, Mayor—Beginning April 6,2018
4. Details of Project-Description and Location:
Description: This is en eligible TDC funded project essential for repairs to the Lowdermilk Park ,L;
Concession Pavilion. This Is for replacement of all the hurricane tie down straps and truss gusset N
plates at the Lowdermilk Park Concession Pavilion. The original items have all rusted and need to
be replaced with stainless steel fasteners so the roof Is secured to the roof trusses and frame. Cost
estimate includes design, project management and contractor to perform the work. E
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Location: Signification coordination of effort continues between the City and Collier County
concerning beach facility repairs.
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5. Estimated project start date: October 1, 2016
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6. Estimated project duration: 12 Months
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7. Total TDC Tax Funds Requested: $100.000
8. If the full amount requested cannot be awarded, can the program/project
be restructured to accommodate a smaller award?
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Yes () No(X)
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EXHIBIT
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16.D.9.a
April 25,2016
New Business 7-f
Collier County Tourist Development Council sof 18
Category"A"Grant Application-Page 2
Nadas Lowdenniik Park Concession Pavillon Repair
(Project Title)
PROJECT BUDGET
PROGRAM ELEMENT AMOUNT
TDC Funds Requested
100.000
City/Taxing District Share
State of Florida Share $ `
Federal Share $ a
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TOTAL $100.000
PROJECT EXPENSES:
(Engineering, Mobilization,Contractor, Monitoring etc)
Deakin.vrolect manansment and contractor $100.000
$
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$
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TOTAL $100.000
i have read the Tourist Development Category W Beach Funding Policy covering Beach Park
Facilities and agree that my organization will comply with all guidelines and criteria. o
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47 3/22—/f/Q o
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A.William Moss,City Manager Date
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April 25,2016
New Bu .
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ADDITIONAL INFORMATION
ELIGIBILITY: Beach Facility repair will take place on the main concession pavilion In Lowdermilk
Park.The project boundary location is within the City's jurisdictional boundary in Collier County.
ORGANIZATIONAL CAPACITY: The City of Naples will be the primary recipient and lead agency
for controlling and completing all aspects and activities proposed in this grant application, The City
will remain the lead agency for the duration of funding and will be the sole point of contact for all
matters related to this proposal. The City has the managerial and financial capability to ensure
proper planning, management, and completion of the project described in this application, E
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BUDGET ASSURANCES: Dual Compensation: If a City project staff member or consultant is a
involved simultaneously in two or more projects, the staff will not be compensated for more than
100% of their time for any such dual involvement. o
PROJECT LOCATION MAP: o
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• EXHIBIT"B"
BUDGET—CITY OF NAPLES
Naples Lowdermilk Park $100,000.00
Concession Pavillion Repair
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AGGREGATE TOTAL $100,000.00
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EXHIBIT"C"
REQUEST FOR FUNDS
COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL
EVENT NAME
ORGANIZATION
ADDRESS
CONTACT PERSON TELEPHONE( ) 0
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REQUEST PERIOD FROM TO
REQUEST# °
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( )INTERIM REPORT ( )FINAL REPORT
TOTAL CONTRACT AMOUNT$
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EXPENSE BUDGET REIMBURSEMENT REQUESTED I
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TOTALS
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NOTE; Reimbursement of funds must stay within the confines of the Project Expenses outlined in your o
application. Copies of paid invoices,cancelled checks,tear sheets,printed samples or other backup information
to substantiate payment must accompany request for funds. The following will not be accepted for payments:
statements in place of invoices;checks or invoices not dated; tear sheets without date,company or organizations
name. A tear sheet is required for each ad for each day or month of publication. A proof of an ad will not be
accepted.
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Each additional request for payment subsequent to the first request,Grantee is required to submit verification in o
writing that all subcontractors and vendors have been paid for work and materialsreviousl °
p y performed or
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received prior to receipt of any further payments.
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If project budget has specific categories with set dollar limits,the Grantee is required to include a spreadsheet to
show which category each invoice is being paid from and total of category before payment can be made to
Grantee. Organizations receiving funding should take into consideration that it will take a maximum of 45 days
for the County to process a check.
Furnishing false information may constitute a violation of applicable State and Federal laws.
CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on our
official accounting system and records, consistently applied and maintained and that the cost shown have been
made for the purpose of and in accordance with, the terms of the contract. The funds requested are for
reimbursement of actual cost made during this time period.
SIGNATURE TITLE
12005-001/1288982/1j
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