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Agenda 12/12/2017 Item #16D1412/12/2017 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign an amendment to the Interlocal Agreement between Collier County and the City of Naples governing the reciprocal use of City and County beach parking facilities as well as parks and recreation programs. OBJECTIVE: To approve and authorize the Chairman to sign an amendment to the attached Interlocal Agreement between the County and the City of Naples governing the reciprocal use of City and County beach parking facilities and park and recreation programs. CONSIDERATIONS: On March 7, 2017, the City and County held a joint workshop that discussed, among other topics, public beach parking supply, access and utilization patterns throughout the County. The Board of County Commissioners (Board) and the City Council directed their respective managers to work on a successor Interlocal Agreement and report back on progress. The City Manager and County Manager have exchanged multiple proposals over the past several months in a good faith effort to arrive at a mutually agreeable position. At the November 14, 2017 Board meeting, the Board was updated on the latest terms negotiated by the Naples City Manager and County Manager on renewing and extending the Interlocal Agreement. The proposal offered the following amended terms to the existing Interlocal Agreement: Amend the current Interlocal Agreement to add four years to the term (expiration on September 30, 2022). Collier County to provide $1,500,000 annually to the City with no annual index beginning October 1, 2018. Free parking permitted at all Naples public beach parking spaces with valid County beach parking pass applicable to the residents of the City and unincorporated Collier County. Discontinue sale or distribution of non-resident beach parking passes, applicable to the City and County, immediately upon acceptance of the agreement. Continue to make City Parks & Recreation Programs available to unincorporated area residents on the same terms and conditions as City of Naples residents. The Board voted unanimously to accept the terms of the amendment. On November 15, 2017, the Naples City Council considered the terms of the updated agreement and approved acceptance of the amendment in a 4-2 vote. FISCAL IMPACT: If ratified, under the terms of the Interlocal Agreement, the County would remit an annual payment of $1,500,000 to the City of Naples starting in Fiscal Year 2019. Funding for Fiscal Year 2018 would continue to be governed under the existing structure Interlocal Agreement. Funding for the payment is appropriated in the annual budget. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for Board approval. -JAK 12/12/2017 RECOMMENDATION: To approve and authorize the Chairman to sign an amendment to the Interlocal Agreement between the County and the City of Naples governing the reciprocal use of City and County beach parking facilities as well as parks and recreation programs. Prepared By: Sean Callahan, Director, Operations and Veterans Services Division ATTACHMENT(S) 1. Interlocal Agreement Amendment (PDF) 2. 2008 Interlocal Agreement (PDF) 12/12/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.14 Doc ID: 4279 Item Summary: Recommendation to approve and authorize the Chairman to sign an amendment to the Interlocal Agreement between Collier County and the City of Naples governing the reciprocal use of City and County beach parking facilities as well as parks and recreation programs. Meeting Date: 12/12/2017 Prepared by: Title: – Operations & Veteran Services Name: Sean Callahan 11/27/2017 12:56 PM Submitted by: Title: – Operations & Veteran Services Name: Sean Callahan 11/27/2017 12:56 PM Approved By: Review: Public Services Department Joshua Hammond Additional Reviewer Completed 11/27/2017 1:27 PM Parks & Recreation Barry Williams Additional Reviewer Completed 11/27/2017 4:31 PM Public Services Department Todd Henry Level 1 Division Reviewer Completed 11/28/2017 8:09 AM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 11/28/2017 9:18 AM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 11/28/2017 3:17 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/28/2017 4:15 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/29/2017 11:14 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 11/30/2017 12:54 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 12/01/2017 2:26 PM Board of County Commissioners MaryJo Brock Meeting Pending 12/12/2017 9:00 AM AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES REGARDING PARKS AND RECREATION DATED THE 1ST DAY OF NOVEMBER, 2008 WHEREAS, Collier County and the City of Naples, Florida entered into an Interlocal Agreement on November 1st, 2008,and WHEREAS, residents of Collier County and the City of Naples have benefited from the use of City parks, recreation, and beach parking facilities, and WHEREAS, the parties desire to amend certain provisions of the Interlocal Agreement. follows: WITNESSTH: NOW, THEREFORE, the Parties agree to amend the Interlocal Agreement as 1. Section 2 is amended as follows: This Agreement shall become effective as of October 1, 2008 December 1 2017,and, unless otherwise modified by written agreement, will end Se tember 30 2022. After the third yoor, oithor party may torminato this Agrooment by written notioo to the other, at lest 180 days prior to the ond of the ficcal-yeaF- Section 5 is amended as follows: The fifst^nd^eeoftd^eaf payments (FY 2009 and FY 2010) to the City for FY 2018-19 throu h F Y20-22 shall be 1 500 000 one million five-hundred thousand dollars for each fiscal year. CommQncing Octobor 1 , 2010, and oach ficcal year thoreaftor, thic payment will bo adjuotod, upward or downward, by multiplying the $1,500,000 baoc payment by an adjuctment factor. The adjuotment factor will bo tho ratio of ad valorom taxes paid to tho County's Gonoral Fund by proporty ownorc locatod within the City in the fi8cal_yeorjuct ondod, divided by the ratio of ad valorem taxes paid to the County'o General Fund by property ownore located within the City during the ficcal year onding September 30, 2008. No beach stickers shall be sold or otherwise .-. Collier Coun or the Ci ofNa les. to non-Collier Coun residents b IN WITNESS HERE year first above'^^pb'^^' /y^^~"% ?^^ONTHE^^ "^^cir Ff'i rties hereto have set their hands and seals the day and Attest: ricia L. Rambosk, TGfty. C pies * ett, M yor Approv d as to form and legality Robert D. Pritt, City Attorney Attest: Dwight E. Brock, Clerk i,tov^cy s to form ard legality: 1 1^. --."""" i^ f"r""> ;?. . Jeffr^B tatzkow County A brney Board of Commissioners Collier County, Florida Penny Taylor, Chair I INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES . REGARDING PARKS AND RECREATION THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into as of this NAA, day of 2008, by and between Collier County, Florida ("County") and the City of Naples, Florida ("City"). e RECITALS: r WHEREAS, residents from the unincorporated areas of Collier County currently enjoy N recreating within facilities owned and operated by the City of Naples, including but not limited to, Fleischman Park and beach areas and related parking areas within the City of Naples; and w U 6 q WHEREAS, the parties have over the years entered into separate interlocal agreements concerning the City's Parks and Recreational areas, including but not limited to au Interlocal rn o r M Agreement for City -County Beach Parking, recorded at OR Book 3563, Pg 1889, which e7p� agreement expired September 8, 2008; and R' U V P 'V1 W p[ O 6l WHEREAS, Collier County and the City wish to enter into a long term agreement which o.. �s a o would allow residents from unincorporated Collier County to use and enjoy all of the City's o Parks, Recreational facilities and Recreational Programs, on the same basis as those afforded to 0 0o d e City residents; and M <T' p = WHEREAS, the City is willing to allow the use of all of its Parks, Recreational Facilities a and Recreational Programs to residents of unincorporated Collier County on the same terms and conditions as those afforded to residents of the City in exchange for an annual payment by the S County in the sum of $1,000,000, as adjusted in the manner set forth below. A ;A .s WITNESSETH: r e NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and C—Mvaluable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 1 OR: 4409 PG: 3952 2. This Agreement shall become effective as of October 1, 2008, and, unless otherwise modified by written agreement, will end September 30, 2018. After the third year, either party may terminate this Agreement by written notice to the other, at least 180 days prior to the end of each fiscal year. 3. County residents shall be afforded the same rights and privileges as those granted to City residents to utilize all City Parks, Recreational facilities, and Recreational Programs, and shall pay the same fees and have access to the same parking as City residents. 4. With respect to beach access; A. The City and the County hereby continue their established reciprocal beach parking program whereby all residents of Collier County may obtain a beach parking sticker valid for free parking at any County or City beach parking location. B. The City will operate a beach patrol and maintenance program within the City to provide for beach and beach parking regulation enforcement, beach and beach parking cleanup, and beach and beach parking maintenance. C. For the term of this Agreement the City agrees to provide at least 1048 parking spaces located at street beach ends or City Beach Parks that will be available for vehicles of County residents with valid beach parking stickers. These spaces may be metered, restricted for permit parking, or handicapped parking spaces as determined by the City. All spaces regardless of designation will be made equally available at no cost to City and County residents. 5. The first and second year payments (FY 2009 and FY 2010) to the City shall be $1,000,000 (one million dollars) for each fiscal year. Commencing October 1, 2010, and each fiscal year thereafter, this payment will be adjusted, upward or downward, by multiplying the $1,000,000 base payment by an adjustment factor. The adjustment factor will be the ratio of ad valorem taxes paid to the County's General Fund by property owners located within the City in the fiscal year just ended, divided by the ratio of ad valorem taxes paid to the County's General Fund by property owners located within the City during the fiscal year ending September 30, 2008. 6. A $500,000 payment due shall be paid to the City not later than March 31 of each fiscal year. The remainder of the annual payment shall be paid not later than September 30 of 2 *** OR; 4409 FG, 3953 *** each fiscal year; this remainder payment shall be computed using the ratio identified in Section 5 above. offices: 7. All notices required under this Agreement shall be directed to the following For the County: Office of the County Manager 3301 East Tamiami Trail Naples, Florida 34112 For the City: Office of the City Manager 735 Eighth Street South Naples, Florida 34102 8. With respect to the subject matter herein, this Agreement is the entire agreement between the parties, superseding all previous oral and written representations, understandings, and agreements between the parties. This Agreement can only be changed by a writing signed by both parties. The County shall record this Agreement at its sole cost in the Public Records of Collier County. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ATTEST: arae Cler ATTEST: DWT�CF3I!E;;B?�QCIS, Clerk B?" �pit I A Jac, ,_ 6pr t iCperk lignatm *.i; CITY OF NAPL / By.- BOARD y: BOARD OF COMMISSIONERS COLLIER COUNT FLORIDA RX -Y Jn TOM HENNING, CHt"AN Date Approved as to form and legal sufficiency: Robert D. Pritt, ityttorne}� y 3