Agenda 10/10/2017 Item #16D 110/10/2017
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairwoman to execute a Collier County Tourist
Development Council (TDC) Category “A” Grant Agreement with the City of Naples for $200,000
for the City of Naples’ 8th Avenue South Beach Park Improvements and make the finding that the
project promotes tourism.
OBJECTIVE: To provide TDC grant funding for the City of Naples’ 8 th Avenue South Beach Park
Improvements and enter into an Agreement with the City of Naples to provide that funding.
CONSIDERATIONS: The City of Naples submitted a Grant Application to the TDC for the use of
Category “A” Beach Park Facility Fund (183) funds for Naples 8th Avenue South Beach Park
Improvements. Improvements, as more fully set forth in the Grant Application, include replacing the
retaining wall at the entrance to the park, reconstructing some portion of the existing wheelchair ramp to
meet ADA specifications, and constructing an ADA-compliant wheelchair ramp on the west side of the
park.
Attached is the original application and Agreement (Exhibit A). The application provides a detail of the
request and budget of $200,000.
ADVISORY BOARD RECOMMENDATION: The Parks and Recreation Advisory Board
recommended approval for the grant at their April 19, 2017 meeting (Item VII(a)). The TDC
recommended approval and made a finding that the proposed project expenditure promotes tourism on
April 24, 2017 (Item B(i)).
FISCAL IMPACT: Funding in the amount of $200,000 is provided in TDC Beach Park Facilities Fund
183-116366-763100 Project No. 80369 (City of Naples 8th Ave. Beach Park Improvements).
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires
majority vote for approval. - CMG
RECOMMENDATION: To approve and authorize the Chair to execute the TDC Category “A” Grant
Agreement with the City of Naples in the amount of $200,000 for the City of Naples’ 8th Avenue South
Beach Park Improvements and make a finding that the expenditure promotes tourism.
Prepared by: Nancy E. Olson, Manager, Collier County Parks and Recreation
ATTACHMENT(S)
1. 2017-18 Tourism Agreement (PDF)
2. City of Naples Grant Application Combined (PDF)
10/10/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.1
Doc ID: 3156
Item Summary: Recommendation to approve and authorize the Chairwoman to execute a Collier
County Tourist Development Council (TDC) Category “A” Grant Agreement with the City of Naples for
$200,000 for the City of Naples’ 8th Avenue South Beach Park Improvements and make the finding that
the project promotes tourism.
Meeting Date: 10/10/2017
Prepared by:
Title: Operations Analyst – Parks & Recreation
Name: Matthew Catoe
05/03/2017 3:04 PM
Submitted by:
Title: Division Director - Parks & Recreation – Parks & Recreation
Name: Barry Williams
05/03/2017 3:04 PM
Approved By:
Review:
Parks & Recreation Ilonka Washburn Additional Reviewer Completed 05/03/2017 5:21 PM
Public Services Department Joshua Hammond Additional Reviewer Completed 05/08/2017 1:12 PM
Parks & Recreation Barry Williams Additional Reviewer Completed 05/09/2017 7:58 AM
Operations & Veteran Services Sean Callahan Additional Reviewer Completed 05/18/2017 7:36 AM
Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 05/19/2017 2:38 PM
Grants Edmond Kushi Level 2 Grants Review Completed 09/28/2017 3:18 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 09/28/2017 4:08 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 09/28/2017 5:19 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/29/2017 9:11 AM
County Attorney's Office Scott Teach Level 3 County Attorney's Office Review Completed 09/29/2017 12:53 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 09/29/2017 3:55 PM
Grants Therese Stanley Additional Reviewer Completed 09/29/2017 5:10 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/02/2017 4:25 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/10/2017 9:00 AM
20I7-18 TOURISM AGREEMENT BETWEEN COLLIER COUNTY
AND THE CITY OF NAPLES FOR FY 17
CATEGORY "A" CITY OF NAPLES
NAPLES 8TH AVE. SOUTH BEACH PARK IMPROVEMENTS
THIS AGREEMENT is made and entered into this
-
day of 20t7,
by and between the city of Naples, hereinafter referred to as "GRANTEE" and collier county, a
political subdivision ofthe State ofFlorida, hereinafter refened to as "COUNTY"'
RECITALS:
WHEREAS, CITY has submified applications for category "A" Tourist Development
Tax Funds in the aggregate amount of Two Hundred Thousand Dollars ($200,000.00) for the
city of Naples' 8th Ave. South Beach Park Improvements for fiscal year 2017 -2018 as described
in Exhibit "A" to this Agreement ("Project"); and
WHEREAS, the cotINTY desires to fund the Project as a valid and worthwhile public
purpose and finds that these expenditures promote tourism.
NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES
PROVIDED HEREIN AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY
AGREED AS FOLLOWS:
1. SCOPE OF WORK. GRANTEE prepared detailed applications and proposals outlining
the Project to be accomplished, along with a project budget, as part of the grant application
process, hereinafter referred to as "Proposal," attached as Exhibit'A.' GRANTEE shall provide
the project activities outlined in the Proposal within the budgeted amounts provided in the
proposal. GRANTEE shall not be reimbursed for any expenditures not included in the Proposal
nor be reimbursed for amounts in excess ofthose provided in the Proposal unless an amendment
to this Agreement is entered into by GRANTEE and COUNTY.
2. PAYMENT AND R-EIMBURSEMENT. The aggregate maximum reimbursement under
this Agreemenr shatl be Two Hundred Thousand Dollars and No/l00 ($200,000.00)' GRANTEE
shall be paid in accordance with the fiscal procedures of coUNTY upon submittal ofan invoice
and upon verification that the services described in the invoice are completed or that goods have
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 desigree. The county Manager, or his
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 the 8e Ave. South Beach Park knprovements, attached as Exhibit "B,' shall
constifuteauthorizationoftheexpendituredescribedintheinvoicesprovidedthatsuch
expenditure is made in accordance with 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
ofgoodsorperformanceoftheservicesinvoiced.GRANTEEshallcertifyinwritingthatall
subcontmctorsandvendorshavebeenpaidforworkandmaterialsfrompreviouspayments
receivedpriortoreceiptofanyfurtherpayments.CoLINTYshallnotpayGRANTEEuntilthe
clerk of the Board of county commissioners pre-audits payment invoices in accordance with
the law.
2.3GRANTEEshallbepaidforitsactualcostnottoexceedthemaximumamount
budgeted pursuant to the attached Exhibit "B"'
3. ELIGIBLE EXPENDITURES. Only eligible expenditures described in Proposals will
bepaidbyCoLrNTY'AnyexpenditurespaidbyCoUNTYwhicharelaterdeemedtobe
[2005-001/1 333666/11 2
ineligible expenditures shall be repaid to couNTY within thirty (30) days of couNTY'.S
writtenrequesttorepaysaidfunds.Cot]NTYmayrequestrepaymentoffundsforaperiodof
up to one (1) year after termination ofthis Agreement or any extension or renewal thereof.
4'PAYMENTREQIT.ESTS'Paymentrequestsforinterimdrawsandfinalpaymentmust
be submitted to the county in the form of the Request for Funds form attached to this Agreement
as Exhibir ,c., All payments are on a reimbursement basis only after proof of paid invoices are
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 fina1 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.Anyinvoicesandrequestsforpaymentnotreceivedinthistimeframeshallbe
retumed to the Grantee and rejected for payment'
5. INSURANCE. GRANTEE is required to submit a certificate of lnsurance naming
collier county, and its Board of county commissioners and the Tourist Development council as
additional insured. The insurance coverages identified in the certificate of Insurance shall be
maintained without interruption from the date of commencement ofthe Projects until the date of
completionofallProjectsrequiredhereunderorasspecifiedinthisAgreement,whicheveris
longer. The Certificate of Insurance shall be issued by a company licensed in the State of
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 Iojury Liability - $300,000 each claim per person
Worker's Compensation and Employer's Liability - Statutory
@12005-oo1/1333666/11 J
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
Certificate of Insurance.
6. CHOICE OF VENDORS AND FAIR DEALING. GRANTEE may select vendors or
subcontractors to provide services as described in Proposal. COI-INTY shall not be responsible
for paying vendors and shall not be involved in the selection of subcontractors or vendors.
GRANTEE agrees to disclose any relationship between GRANTEE and subcontractors and"/or
vendors, including, but not limited to, similar or related employees, agents, oflicers, directors
and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of the
expenditures and require repayment if invoices have been paid under this Agreement for
unreasonable expenditures. The reasonableness of the expenditures shall be based on industry
standards.
7. INDEMNIFICATION. To the extent permitted by law, GRANTEE shall hold harmless
and defend COLTNTY, 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 Ageement or work performed thereunder. This
provision shall also pertain to any claims brought against the coUNTY by any employee of the
named GRANTEE, any subcontractor, or anyone directty 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, suflicient insurance protection. However, nothing contained herein shall
operate to waive the sovereign itnmunity or limits of liability of either party'
4t2005-001/1333666n l
8. NOTICES. All notices from COUNTY to GRANTEE shall be in writing and deemed
duly served if mailed by registered or certilied mail to GRANTEE at the following address:
A. William Moss, City Manager
735 Eighth Street South
Naples, Florida 34102
Al[ 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:
Barry Williams, Director
Collier County Parks and Recreation Department
15000 Livingston Road.
Naples, Florida 34109
BarryWilliams@colliergov.net
GRANTEE and COUNTY may change their above mailing address at any time upon giving the
other party written notification pursuant to this section.
9. NO PARTNERSHIP. Nothing herein contained shall be construed as creating a
partnership between COLNTY and GRANTEE, or its vendor or subcontractor, oI to constitute
GRANTEE, or its vendor or subcontractor, as an agent or employee ofCOUNTY.
10. TERMINATION. COLTNTY 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 COIINTY terminates this Agreement,
COLNTY will pay GRANTEE for all expenditures incurred, or contractual obligations incuned
with subcontractors and vendors, by GRANTEE up to the effective date of the termination so
long as such expenses are eligible.
I L GENERAL ACCOLTNTING. GRANTEE is required to maintain complete and accurate
accounting records and keep tourism tourist development tax funds in a separate checking
[2005-0014 $3666/1]5
account. All revenue related to the Agrcement should be recorded, and all expenditures must be
incured within the terms of this Agreement'
12. AVAILABILITY OF RECORDS. GRANTEE shall maintain records, books, documents'
papers and financial information pertaining to work performed under this Agreement'
GRANTEE agrees that couNTY, or any of its duly authorized representatives' shall' until the
expirationofthree(3)yearsafterfinalpaymentunderthisAgreement'haveaccessto,andthe
right to examine and photocopy any pertinent books, documents' papers' and records of
GRANTEE involving ransactions related to this Agreement'
13. AVAILABILITY OF FIJNDS: This agreement is subject to the availability of Tourist
DevelopmentTaxrevenues.Ifforanyreasontouristtaxfundsarenotavailabletofundallor
partofthisagreement,theCOUNTYmayuponwrittennotice'atanytimeduringthetermsof
this agreement, and at its sole discretion, reduce or eliminate funding under this agreement'
14.PROHIBITIONOFASSIGNMENT.GRANTEEshallnotassign,convey,ortransferin
wholeorinpartitsinterestinthisAgreementwithoutthepriorwrittenconsentofCoLJNTY.
15.TERM.ThisAgleementshallbecomeeffectiveonoctoberl,20lTandshallremain
effective until sixty (60) days after completion of the Project described in Exhibit "A", but no
later than November 29,2018
16.AMENDMENTS.ThisAgreementmayonlybeamendedinwritingbymutualagreement
ofthe parties and after recommendation by the Tourist Development Council'
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
writingandreceivedbytheCountyManagerordesigneeatleastthirty(30)dayspriortotheend
date of this Agreement as provided in Section 15, TERM'
[2005-001/1333666/1]
18. RECORDATION.
County, Florida.
IN WITNESS WHEREOF, GRANTEE and coIINTY 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 COTINTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Deputy Clerk PENNY TAYLOR, Chairman
(corporate seal)
CITY OFNAPLES
Approved as to form and
legal suffrciencY:
[2005-001/1 333666/1]
This Agreement shall be recorded in the public records of Collier
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
By:
7
.trttszii:i,;".t,
as to folm and legalitY:
nossnr p. PRITT, City
EXHIBIT "B"
BI.IDGET- CITY OF NAPLES
8s Ave. South Beach Park Improvements
AGGREGATE TOTAL
[2005-001h 333666/1]
$200,000.00
$200,000.00
E\TENT NAME
ORGANIZATION
ADDRESS
CONTACT PERSON
REQUEST PERIOD
REQUEST#
() INTERIM REPORT
TOTAL CONTRACT AMOUNT $
EXPENSE BUDGET
TOTALS
SIGNATURE
(2005-001/1333666/11
NOTE: Relmbursement of funds must stay within the confines of the Project Expenses outlined in your
application. Copies of paid involces, cancelled checks, tear sheets, prirted samples or other backup informatlon
to iubstantiate payment !!!gl! accompany request for funds. The following will not be accepted for payments:
ststements in placi of invoices; checks or inYoices not dated; tear sheets withoul dste, comPaDy or orgallzetions
name. A teaisheet ls required for each ad for each day or month of publication. A proof ol sn ad will not be
accepted.
Each additional request for paymeBt subsequent to the first request, Grantee is required to submlt Yerific8tion in
writing that all subcontractors and vendors have been paid for ryork and mat€rials previously performed or
r€ceived prior to receipt ofany further payments,
If project budget has specilic categories with set dollar limits, the Grantee is required to include s sPreadsheet to
show which category each invoice is beirg psid from 8nd totsl of cstegory before paymetrt can be made to
Grsntee. Organiltions receiving funding should take irto consideration th8t it will take a maximum of45 days
for the County to proc€ss a check.
Furnishing fslse information may constltut€ I violatiolr of applicsble stste 8nd Federal laws.
CERTIFIaATIoN OF FINANCIAL OFFICER: I certify that the above informatlon is corr€ct based on our
oflicial accounting system and records, consist€ntly applied and maintained and that the cost shown have been
made for the puipose of and in accordance with, the terms of the contrrct. The Iunds rsquested are for
reimbursement of actusl cost made during thls time period.
EXHIBIT (C"
REQUEST FOR FUNDS
COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL
TELEPHONEO
FROM TO
0 FINALREPORT
REIMBURSEMENT REOUESTED
TITLE
COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL
CATEGORY "A" GRANT APPLICATION
2018 Beach Park Facilities
Naples 8t' Avenue South - Beach Park Improvements
(Project Title)
1. Name and Address of Project Sponsor Organization:
City of Naples
735 Eighth Street South
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: 239/213-7120 FAX: 239/213-7130 Email: dsouza(W-naplesnov.com
3. Organization's Chief Elected Official and Title:
Hon. Bill Barnett, Mayor
4. Details of Project- Description and Location:
Description: The 8th Avenue South Beach Park is a popular destination for city/county residents
and area visitors. The park is also a popular location for weddings. The park has an aging
wheelchair accessible ramp connecting the street grade to the park lawn area. The City is
requesting TDC funds to replace the retaining wall at the entrance to the park, reconstruct some
portions of the existing wheelchair ramp to meet ADA specifications, and to construct an ADA
compliant wheelchair ramp on the west side of the park; for access to the beach which is currently
only accessible by stairs. Project costs include permitting, construction, construction administration
and landscape architect's closeout services. The City has funded design services for McGee &
Associates to generate plans for the park improvements. This project must be built between May
1St and September 301h to avoid conflict with city/county residents and visitors during the winter
season.
Location: The 8th Avenue South Beach Park is located at the western end of 8th Avenue South in
the City of Naples.
5. Estimated project start date: May 1, 2018
6. Estimated project duration: 3 Months
7. Total TDC Tax Funds Requested: $200,000
8. If the full amount requested cannot be awarded, can the program/project
be restructured to accommodate a smaller award?
Yes (X) No ()
Collier County Tourist Development Council
Category "A " Grant Application - Page 2
Naples 8th Avenue South - Beach Park Improvements
(Project Title)
PROJECT BUDGE -
PROGRAM ELEMENT AMOUNT
TDC Funds Requested $ 200.000.
City/Taxing District Share $ .
State of Florida Share $
Federal Share $
TOTAL $ 200.000•
PROJECT EXPENSES:
(Engineering, Mobilization, Contractor, Monitoring etc)
Survey, permitting, construction, construction $ 200.000.
administration and project closeout services $
$
TOTAL $200,000.
I have read the Tourist Development Category "A" Beach Funding Policy covering Beach Park
Facilities and agree that my organization will comply with all guidelines and criteria.
b2��p /-*'(, -5_ 30-�
A. iam Moss, City Manager Date
EXHIBIT A
ADDITIONAL INFORMATION
ELIGIBILITY: Beach Facility repair will take place AT 8T" Avenue South Beach 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 project 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.
BUDGET ASSURANCES: Dual Compensation: If a City consultant is involved in two or more
projects running concurrently, the consultant will only be compensated for hours spent directly on
the 8th Ave. S. Beach Park project.
PROJECT LOCATION MAP:
81h Avenue South Beach Park — Location Map
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