Backup Documents 10/10/2017 Item #16D 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
eo\ok TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 1 6 0 1
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
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at the time the item is placed on the agenda. All 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
C(Ig(T 10• 20•1-7
4. BCC Office Board of County 77)'("V
Commissioners \W/ / k k2:4-1
5. Minutes and Records Clerk of Court's Office
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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 Nancy Olson/Matt Catoe Contact Information 239-252-4059
Contact/ Department
Agenda Date Item was 942.6L2Q.1-7io-fh )O'1 Agenda Item Number ID /� R U t
Approved by the BCC
Type of Document Agreement ✓ Number of Original 1
Attached Documents Attached
Pnumber or accounte ` •••-•>414-4C--1-•-•\
number if document is ���.c� Q.c.�
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature STAMP OK .4es- N` Pt
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
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 Yes
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 ,yes p1/,4
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the Y.es WA
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document or the final negotiated contract date whichever is applicable. I
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's Yes
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE. N A.
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 onle,'l0'l1 and all changes made during
the meeting have been incorporated in the attached document. The County V Vi
Attorney's Office has reviewed the changes,if applicable. "�`
9. Initials of attorney verifying that the attached document is the version approved by the 1 lig
BCC,all changes directed by the BCC have been made,and the document is ready for the b
Chairman's signature.
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2017-18 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 /64\day of 3ko1 p r , 2017,
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:
WHEREAS, CITY has submitted 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 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 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 of those provided in the Proposal unless an amendment
to this Agreement is entered into by GRANTEE and COUNTY.
INSTR 5462587 OR 5442 PG 3632
RECORDED 10/24/2017 4:19 PM PAGES 9
DWIGHT E.BROCK,CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA CI)
REC$78.00
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2. PAYMENT AND REIMBURSEMENT. The aggregate maximum reimbursement under
this Agreement shall be Two Hundred Thousand Dollars and No/100 ($200,000.00). 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 8th Ave. South Beach Park Improvements, 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
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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 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:
A. William Moss, City Manager
735 Eighth Street South
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:
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 COUNTY and GRANTEE, or its vendor or subcontractor, or to constitute
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 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
CA0
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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.
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.
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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: 101c>4)11-- BOARD OF COUNTY COMMISSIONERS
ATTEST: . COLLIE' 401 01 Y, FLORIDA
DW T E. BR , Clerk
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B
y' /
Attest as to Chaim iuty Clerk PENNY TA yR, Chai
c0S AM RIM form and legality:
befix2,6rbA,_,,,,A42e,
olleen M. Greene,;:::; e�.
Assistant County AttorneyV,,
ATT_ T:
.....t.,_. .a Ai A« (corporate seal)
'ATRICIA RAM:OM City,Clerk CITY OF NAPLES
Approved as to form and `
legal sufficiency: ��
By: allbr/ i,� �
`� i� A BILL BARNE ayor
ROBERT D. PRITT, City Atiorney
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EXHIBIT"B"
BUDGET—CITY OF NAPLES
8th Ave. South Beach Park Improvements $200,000.00
AGGREGATE TOTAL $200,000.00
[2005-001/1333666/1]
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 in 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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