Backup Documents 10/10/2017 Item #16D11 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 D 1
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. AB 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 routing lines#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
CrY1,€C WO.1�
4. BCC Office Board of County —177\c
Commissioners t( V / VXr... �'N`
5. Minutes and Records Clerk of Court's Office d f(��� t1%/Cp✓ti..
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/Nancy Olson Contact Information 239-252-4059
Contact/ Department /
Agenda Date Item was Pending 10/10/17 B / Agenda Item Number }
Approved by the BCC f V ��CJ� WA)V\
Type of Document Agreement ✓ Number of Original 1
Attached Documents Attached
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 column,w ' r is Yes N/A(Not
appropriate. (Initial) App1c_ajle)
1. Does the document require the chairman's original signature AMP OK MC 1V
2. Does the document need to be sent to another agency for additional signatures? If yes, MC
provide the Contact Information(Name;Agency;Address;Phone)on an 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 1\5,— ,,
Office and all other parties except the BCC Chairman and the Clerk to the Board Mr.
5. The Chairman's signature line date has been entered as the date of BCC approval of the M� NIA
IA
document or the final negotiated contract date whichever is applicable. 1" l
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 MC
should be provided to the County Attorney Office at the time the item is input into SIRE.
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 4.16 and all changes made during i A `
the meeting have been incorporated in the attached document. The County 4111011►`
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 % 1'I►
Chairman's signature.
16D11
MEMORANDUM
Date: October 11, 2017
To: Matt Catoe, Operations Analyst
Parks & Recreation
From: Teresa Cannon, Deputy Clerk
Boards Minutes & Records Department
Re: 2017-18 Tourism Agreement w/Florida FDEP — Category "A"
Beach Park Facilities Project
Attached is one (1) copy of the document referenced above (Item #16D11),
approved by the Board of County Commissioners on Tuesday, October 10, 2017.
The original agreement 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.
Attachment
16011
2017-18 TOURISM AGREEMENT BETWEEN COLLIER COUNTY
AND THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
CATEGORY"A" BEACH PARK FACILITIES PROJECT
THIS AGREEMENT is made and entered into this I(.''day of od ,r' , 2017,
by and between the Florida Department of Environmental Protection ("GRANTEE" OR
"FDEP") and Collier County,a political subdivision of the State of Florida("COUNTY").
RECITALS:
WHEREAS, FDEP has submitted a grant application for Category "A" Tourist
Development Tax Funds in the aggregate amount of sixty-seven thousand dollars for the
Installation of the T-2 Flex Auto Count System for fiscal year 2017-2018 as described in Exhibit
"A"to this Agreement("Project");and
WHEREAS, the COUNTY 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 a detailed application and proposal 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 of those provided in the Proposal unless an amendment
to this Agreement is entered into by GRANTEE and COUNTY.
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2. PAYMENT AND REIMBURSEMENT, The aggregate maximum reimbursement under
this Agreement shall be sixty-seven thousand dollars ($67,000). GRANTEE shall be paid in
accordance with the fiscal procedures of COUNTY upon submittal of an 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 designee. 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 Installation of the T-2 Flex Auto Count System, attached as Exhibit "B," shall
constitute authorization of the expenditure described in the invoices provided that such
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
of goods or performance of the services invoiced. GRANTEE shall certify in writing that all
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.
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 expenditures paid by COUNTY which are later deemed to be ineligible
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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.
�. PAYMENT REQUESTS. Payment requests for interim draws and final payment must be
submitted to the County in the form of the Request for Funds form attached to this Agreement as
Exhibit "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 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.
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
additional insured. The insurance coverages identified in the Certificate of Insurance shall be
maintained without interruption from the date of commencement of the Projects until the date of
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
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
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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. COUNTY 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, officers, 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 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
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. However, nothing contained herein shall
operate to waive the sovereign immunity or limits of liability of either party.
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8. NOTICES. All notices from COUNTY to GRANTEE shall be in writing and deemed
duly served if mailed by registered or certified mail to GRANTEE at the following address:
Mr.Zachary Lozano, Park Manager
c/o Delnor-Wiggins Pass State Park
11135 Gulf Shore Drive
Naples,FL 34108
Zachary,lozano@dep.statell.us
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:
Mr. Barry Williams,Director
Collier County Parks and Recreation
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 COUNTY and GRANTEE, or its vendor or subcontractor, or to constitute
GRAN FEE,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 GRANTEE for all expenditures incurred, or contractual obligations incurred
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
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account, All revenue related to the Agreement should be recorded, and all expenditures must be
incurred 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
expiration of three (3) years after final payment under this Agreement, have access to, and the
right to examine and photocopy any pertinent books, documents, papers, and records of
GRANTEE involving transactions related to this Agreement.
13. AVAILABILITY OF FUNDS: This agreement is subject to the availability of Tourist
Development Tax revenues. If for any reason tourist tax funds are not available to fund all or
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.
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.
15, TERM. This Agreement shall become effective on October 1, 2017 and shall remain
effective until sixty (60) days after completion of the Project described in Exhibit "A", but no
later than November 29, 2018
16. AMENDMENTS, This Agreement may only be amended in writing by mutual
agreement of the parties and after recommendation by the Tourist Development Council.
I7. 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.
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18, RECORDATION, This Agreement shall be recorded in the public records of Collier
County, Florida,
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: Io 11 h
(
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER '4710) , FLORIDA
DWI T E,BR,Ot ,Clerk
t
By B
y
Attest as to Chaimian's
,Deputy Clerk PENNY T OR, Chai
SinfilMA to form and legality:
'eet:MUL..)2_
Colleen M. Greene
Assistant County Attorney
GRANTEE: State of Florida, Department of Environmental Protection
Valinda Subic, District 4 Bureau Chief
State of Florida
County of 'l c(1SCtrt,
The foregoing instrument was acknowledged before me this z3 day of Ric LS _ , 2017,
by V 1h 'al 2, who is personally known V OR who produced identification.
Type of identification produced:
(Affix notary seal)
otary Public
LISA A.HARPERfore (,
MY COMMISSION#FF173248 k aC' ;r=t�
EXPIRES:October 30,tors Notary typed or Printed Name (or stamp)
My Commission Expires: ip,130
[2005-001/1336131/1] 7
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EXHIBIT"B"
BUDGET—FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
Installation of the T-2 Flex Auto Count System $67,0000.00
Delnor-Wiggins Pass State Park
AGGREGATE TOTAL $67,000.00
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EXHIBIT "C"
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REQUEST FOR FUNDS
COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL
EVENT NAME
ORGANIZATION
ADDRESS
CONTACT PERSON TELEPHONE( )
REQUEST PERIOD FROM TO
REQUEST#
()INTERIM REPORT ()FINAL REPORT
TOTAL CONTRACT AMOUNT$
EXPENSE BUDGET REIMBURSEMENT REQUESTED
TOTALS
NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your
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.
Each additional request for payment subsequent to the first request,Grantee is required to submit
verification in writing that all subcontractors and vendors have been paid for work and materials previously
performed or received prior to receipt of any further payments.
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 to accordance with,the terms of the contract. The funds requested are for
reimbursement of actual cost made during this time period.
SIGNATURE TITLE
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