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Agenda 06/10/2014 Item #16A19 6/10/2014 16.A.19. EXECUTIVE SUMMARY Recommendation to approve Category "A" Tourist Development Council Grant applications from the City of Naples,the City of Marco Island and Collier County for FY-2014/2015 in the amount of $5,659,971; authorize the Chairman to sign grant agreements following County Attorney's approval; approve the 10-year capital planning document for Fund 195-Beach Renourishment and make a finding that these expenditures will promote tourism. OBJECTIVE: To obtain approval of Category "A" Tourist Development Fund 195 Grant application requests for 2014/2015 in the'amount of$5,659,971 and companion FY 2015 10-year capital planning document. CONSIDERATIONS: Category"A"Tourist Development Council Grant applications To review and approved the received TDC Category"A" Grant Applications as follows: FY2014/2015 FY 2013/2014 PROJECT/DESCRIPTION: REQUESTED REQUESTED 1. Regulatory and Permit Compliance Sea Turtle Protection Program-Collier County $160,000 $160,000 PTh Beach Tilling—Collier county-80171 $40,000 $40,000 Physical Beach Monitoring—(Vanderbilt,Clam Pass Beach, $200,000 $206,000 Park Shore,Naples and Marco South)—90536 Physical Pass Monitoring (Wiggins, Clam,Doctors)-90536 76,000 $0 Biological Monitoring(Vanderbilt,Clam Pass Beach,Park $150,000 $0 Shore,Naples and Marco South)—90061 Shorebird Monitoring(Vanderbilt,Clam Pass Beach,Park $10,000 $0 Shore,Naples and Marco South)-90033 SUB-TOTAL $636,000 $406,000 2. Projects Engineering— 15 Year Multi-Use Beach Renourishment $110,000 Permit—80096 Engineer/NTP—Naples Beach Renourish(TS Debbie Plus)— $75,000 80166 Construction-Naples Beach Renourish(TS Debbie Plus)— $2,425,000 90038 Engineer/Permit—Doctors Pass South Jetty Rebuild &New $150,000 Erosion Control Structure—90029 Engineer/NTP Marco South Renourishment(TS Debbie)— $75,000 80166 Engineering/Permit/Modeling- Sand Mining North Marco $185,000 Beach—90037 Collier County Beach Renourishment $15,000,000 Packet Page-978- 6/10/2014 16.A.19. SUB-TOTAL $3,020,000 $15,000,000 3. Beach Maintenance Beach Maintenance—Collier County/Marco Island—90533 $250,600 $167,000 Naples Pier Annualized Repair&Maintenance—City of $692,449 $200,000 Naples (Category D funded by Fund 195)- 90096 Beach Maintenance—City of Naples—90527 $160,922 $132,945 Vegetation Repairs/Exotic Removal—County Wide—90044 $75,000 $ 75,000 SUB-TOTAL $1,178,971 $574,945 4. Administration Project Management and Administration $520,000 $517,548 Indirect Administration Cost $90,000 $ 46,100 Department Rent $10,000 $ 10,000 Division Fiscal Support $60,000 $ 70,000 Tax Collector Fee's (2.5%) $145,000 $125,000 SUB-TOTAL $825,000 $768,648 TOTAL GRANTS $5,659,971 $16,749,593 Regulatory and Permit Compliance: All these items are required by FDEP permit, required by law or required to maintain critical programs between required permit activities. Approval is recommended. Planned Projects: Projects required to maintain the beaches, inlets and the engineering and permitting required to support construction. Approval is recommended. Beach Maintenance: Exceptional beach experience for our residents and visitors has been at the heart of our success in the past. These items are required to maintain that experience. Approval is recommended. Administration: This item funds County staff to manage the projects, maintain the beaches, administer the program. It includes the Manager, an Office Manager/Accountant, a Field Supervisor/Project Manager, and two equipment operators to clean and maintain the County and Marco Beaches ($520,000). It also includes Administrative Indirect Fees required for administrative functions like purchasing, information technology, motor pool and human resources ($90,000), current rent ($10,000), and division fiscal support ($60,000). Charges for the Tax Collector are also included ($145,000). Approval is recommended. The item for the City of Naples Pier Repair will require an amendment to the Tourist Development Tax Ordinance No. 92-60, as amended. This amendment requires a supermajority vote of the BCC. Packet Page-979- 6/10/2014 16.A.19. FY 2015 10-year Capital Planning Document A 10-year capital planning document has been developed jointly by Collier County staff to identify and balance long-term capital requirements/expenses and revenues received from the tourist development tax Fund 195 for beach renourishment and pass maintenance. This document is strictly used for planning. All grant requests and expenditure requests will be reviewed and approved by the Coastal Advisory Committee, the Tourist Development Council, and the Board of County Commissioners. Additionally, the Florida Department of Environmental Protection (FDEP) Local Government Funding Request (LGFR) program requires that a 10-year planning document be utilized and approved for all municipalities seeking cost-share funding for Beach Management projects. Approval of this document for planning purposes satisfies the intent of this program. FISCAL IMPACT: The Fiscal Year 2014/2015 proposed Beach Renourishment Fund 195 budget appropriates funding for these grant applications. The source of funds is Category "A" Tourist Development Tax dollars. GROWTH MANAGEMENT IMPACT: There is no impact to the growth management plan related to this action. ADVISORY COMMITTEE RECOMMENDATIONS: At the April 10, 2014 CAC meeting all grant request items were approved unanimously by a 9 to 0 vote. At the April 28, 2014 Tourist Development Council (TDC) meeting all grant request items were approved unanimously by a 7 to 0 vote. At the April 28, 2014 TDC meeting, the 10-year capital plan for Fund 195 was recommended for approval by a 6 to 1 vote. At the April 10, 2014 CAC meeting,the 10-year capital plan for Fund 195 was reviewed and approved in principle. Since this was a conceptual planning document, a vote by the CAC was not taken. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires majority vote for approval. —CMG RECOMMENDATION: Recommendation to approve Category "A" Tourist Development Council Grant applications from the City of Naples, the City of Marco Island and Collier County for FY-2014/2015 in the amount of $5,659,971; Authorize the Chairman to sign grant agreements following County Attorney's approval; Approve the 10-year capital planning document for Fund 195-Beach Renourishment and Pass Maintenance and make a finding that these expenditures will promote tourism. Prepared by: J. Gary McAlpin, P.E., Manager, Coastal Zone Management Department Attachments: A) Agreement; B) FY 2015 10-year capital planning document C) Grant Applications http://www.colliergov.net/ftp/AgendaMay2714/GrowthMgmt/VIII- 3 Backup Grants Final.pdf Packet Page-980- 6/10/2014 16.A.19. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.19. Item Summary: Recommendation to approve Category "A"Tourist Development Council Grant applications from the City of Naples,the City of Marco Island and Collier County for FY- 2014/2015 in the amount of$5,659,971; authorize the Chairman to sign grant agreements following County Attorney's approval; approve the 10-year capital planning document for Fund 195-Beach Renourishment and make a finding that these expenditures will promote tourism. Meeting Date: 6/10/2014 Prepared By Name: HambrightGail Title: Accountant, Coastal Zone Management 4/30/2014 9:52:38 AM Submitted by Title: Accountant, Coastal Zone Management Name: HambrightGail 4/30/2014 9:52:39 AM Approved By Name: McAlpinGary Title: Manager-Coastal Management Programs, Coastal Zone Management Date: 5/7/2014 11:28:44 AM Name: Tara Castillo Title: Management/Budget Analyst,Road Maintenance Date: 5/7/2014 1:38:00 PM Name: LorenzWilliam Title: Director-CDES Engineering Services,Comprehensive Planning Date: 5/9/2014 9:16:05 AM Name: KearnsAllison Title: Manager Financial &Operational Support,Transportation Administration Packet Page-981- 6/10/2014 16.A.19. Date: 5/9/2014 12:58:09 PM Name: PuigJudy Title: Operations Analyst,Community Development&Environmental Services Date: 5/9/2014 1:51:25 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 5/12/2014 8:49:50 AM Name: GreeneColleen Title: Assistant County Attorney, CAO General Services Date: 5/12/2014 11:40:49 AM Name: Joshua Thomas Title: Grants Support Specialist, Grants Management Office Date: 5/12/2014 11:40:58 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior, Grants Management Office Date: 5/12/2014 12:13:05 PM Name: FinnEd n Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management Date: 5/13/2014 3:22:02 PM Name: KlatzkowJeff Title: County Attorney, Date: 5/14/2014 4:09:01 PM Name: GreeneColleen Title: Assistant County Attorney, CAO General Services Date: 5/29/2014 10:09:16 AM Name: KlatzkowJeff Title: County Attorney, Date: 5/29/2014 3:37:23 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 5/29/2014 4:20:57 PM Packet Page-982- 6/10/2014 16.A.19. 0"" e 8 8 •8 8 8 8 0 8 n a e O 8 • ° ° 8 O 8 0 08 ' 'O • O • O. 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":, -; ' '' '13E& °' "' ° 71 m F v y 7.5 D w Ip ' o ° .- , N N dg N N a� 0� ., v, $ E b 4 „ -4. 5. `-'-' %--- ; 45, 3 N e z en $ 8 8 8 8 W = 83 8 0 R 8 u8 8 8 2 Z Z a u 1 E E g � -,I,. 8 aeem � v n g � o' 9 W K u U U K K 0 1- 4= r- ',- Packet Page-983- 6/10/2014 16.A.19. F.° gl g § 8N g ��o LLB o a2 88 c a w n � IL up N N O - ' '"O .3 V Y A ,3- ' q N N N r w'48 8S 8 8. N ;.-4 LL .4 8a, 8 $ N n a. a 8 °0 8 0 0 0 ¢ 05 t n 0. 2 c. o g $ e : m N 8 8 zz o- It si a a . %"'E 00 0 .g L' p s..3 0m 8 4 • .r _ N C I 8 0 N p - •,'.... G. N N N LL IL G A i w w g g 8 , §A O u 8 m .NN. LL: e N N: N a p •m. F ', O P O a 8 Li t a' N N N m V`. a >- 1, a k'8 g • g' 0g C lL o' p " m o m T-_,. a`�� � Wj. LL G F,', N N 2 co Iii g C ❑. ❑ iID N . . . 5 N . 0 , N N V E N oa a' $ E -• * e mN N 8 s d n. a i . a H c SO € § 8 os s o a:' o z 8 m E .i r+ N. LL 0 .0 w` V G ��. N v N ::N Y 0 Q "- 4. a $ + g . o . ' . S 8 . 8 8 8 m al LI c o r d 8 LL. u. N N U u. U C g g N E 8ma s U o' sr a 1- 0 N 6 7 >' N N m U LL Q al 4, m ter qF h i m E E 34 N r O< ".'4 m u a C a w U ca ¢ c 'Si'.i Z' 2 d N X m N m 0 U e � E m W E E '' 1 .1E E g 14 o IflHI !AHI LL U Packet Page-984- 6/10/2014 16.A.19. 2014 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES FOR FY 15 CATEGORY "A" CITY OF NAPLES PROJECTS. THIS AGREEMENT is made and entered into this day of 2014, 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 submitted applications for Category "A" Tourist Development Tax Funds in the aggregate amount of eight hundred fifty-three thousand three hundred seventy-one dollars ($853,371.00) for the City of Naples Projects for fiscal year 2014-2015, as described in Exhibit "A" and attachments A-1 Beach Maintenance and A-2 Naples Pier. This approval authorizes eight hundred fifty-three thousand three hundred seventy-one dollars ($853,371.00) to this Agreement(the "Projects"); and WHEREAS, this Agreement specifically authorizes the City to carry forward the $200,000 funding awarded in the FY 2013/2014 Grant Agreement to be added to the City's request for FY 2014/2015 bringing the total award for the City of Naples Pier Major Renovation to $892,000; and WHEREAS, the Board of County Commissioners desires to fund the Projects as serving valid and worthwhile public purposes and finds that these project expenditures promote tourism. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES (DI 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 Packet Page-985- 6/10/2014 16.A.19. process, hereinafter referred to as "Proposals," attached as Exhibits "A-1 and A-2". 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. 2. PAYMENT AND REIMBURSEMENT. The aggregate maximum reimbursement under this Agreement shall be eight hundred fifty-three thousand three hundred seventy-one dollars ($853,371.00). The GRANTEE is authorized to use an additional $200,000 for the major renovation of the Naples Pier as awarded in the 2013/2014 Grant Agreement. This brings this year's total grant award to $1,053,371. GRANTEE shall be paid in accordance with the fiscal procedures of COUNTY upon submittal of invoices 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 each project, attached as Exhibit "A," 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 2 Packet Page-986- 6/10/2014 16.A.19. 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 "A". 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 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 "B". 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 ninety (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 additionally 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, 3 Cq Packet Page-987- 6/10/2014 16.A.19. with a current A. M. Best financial rating of"Class VI" or higher, and provide General Liability Insurance for no less than the following amounts: 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 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 Ii 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 4 Cq Packet Page-988- 6/10/2014 16.A.19. 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. 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,Naples City Manager City of Naples 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: Gary McAlpin, Director Coastal Zone Management Collier County Government 2800 N. Horseshoe Drive Naples, Florida 34104 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 5 c� Packet Page-989- 6/10/2014 16.A.19. 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 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. n 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. This Agreement is also subject to the Board of County Commissioners amending the Tourist Development Tax Ordinance No. 92-60, as amended, with a super majority vote to authorize the allocation of funds for major renovation of the Naples Pier. 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. 6 cy Packet Page-990- 6/10/2014 16.A.19. 15. TERM. This Agreement shall become effective on October 1, 2013, and shall remain effective until ninety (90) days after completion of the Project described in Exhibit "A", but no later than September 30, 2015. 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. 18. RECORDATION. This Agreement shall be recorded in the public records of Collier County, Florida. 7 (1) Packet Page-991- 6/10/2014 16.A.19. 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: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk By: , Deputy Clerk TOM HENNING, Chairman Approved as to form and legality: L OLLEEN M. GREENE Z Assistant County Attorney ATTEST: (corporate seal) CITY OF NAPLES PATRICIA L. RAMBOSK,, City Clerk By: Approved as to form and JOHN F. SOREY III, Mayor legal sufficiency: ROBERT D. PRITT, City Attorney Printed/Typed Name 8 Packet Page-992- 6/10/2014 16.A.19. EXHIBIT "A" BUDGET—CITY OF NAPLES Requested Beach Maintenance $160,922.00 Naples Pier Annualized Repair and Maintenance $692,449.00 Naples Pier Major Renovation (carry forward from FY 2013/2014) $200,000.00 AGGREGATE TOTAL $1,053,371.00 n Packet Page-993- 6/10/2014 16.A.19. EXHIBIT "B" 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. Packet Page-994- 6/10/2014 16.A.19. SIGNATURE TITLE Packet Page-995-