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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 QLmj r 7Nl7 AVL N z 1 a e z - +51 AVL N x Fr4 IRAL AVE . S G i { r _ AVG`' Ai 3RCJ AVL 5 ,., IRD.AVE 5 t dlNnvt 5 � � 8" Avenue South < ` b1r+Ave s Beach Par S 7THAVE5 = pI++AVE 5 Hi r! AVG S 51 }+ AV( S iez1�AYE 5 � Z � ca� a 4 1 f i u d BROAD AVE 1 ..1 � _ 131H AVE 5 v s � LU � JEWEL BOX AV 7P, AVL DOLPHIN RD � I-1b,61C a 0115 0.5 04 m, C ill 04 Gti Am 'P4 'qW j lirilwil l ILI, Q 70 k 2E r a.I FE i LJ pV[p E.1fT U Y �DI..'S LCMC. C I- � LS L LW 1MRIXUR3 ' _Ct AETEs pEft--1 CQICRETE RETLIVIpG VKL L CQUINS rLWE SC PRpVpSLO vHLLE'S II ELU(E LLPTViE LOGTD]p —11ITEi PRDPDSED LDA, SCLC. i1[C.s BDLRDVLLS RNPS A x. 60'R4% LINE dry'', ; 'g-". a INE Rte' MEWRR[[n �Sp ,EV S .aF'dF'c7+C SD Wri Lo HAVE. SOUTH i � cwc cioef ' A�PRp1C BG„R+iRI L•NE k Prnnnapd Tmnrnvpmpnt% — Rte Ave- R. Reach Park i