Agenda 06/24/2014 Item #16A20Proposed Agenda Changes
Board of County Commissioners Meeting
June 24, 2014
Continue Item 11A to the July 8 2014 BCC Meeting: Recommendation to authorize advertising an
ordinance creating the Platt Road Improvement Municipal Service Taxing Unit to fund and levy not to
exceed three mils of Ad Valorem Taxes per year to reimburse the County $10,500 for emergency roadway
improvements made to Platt Road. (Commissioner Nance's request)
Move Item 16A20 to Item 11E: Recommendation to approve a
proposed amendment to the Tourist Development Tax Ordinance
No. 92 -60, as amended, that would authorize the reallocation of
funds between Tourist Development Tax categories with a
supermajority vote of the Board and direct the County Attorney to
advertise ordinance changes to be approved by the Board at a future
meeting; to allow TDC grant funds previously awarded to the City
of Naples to "carry forward" for expenditure in FY2015 for a major
renovation of the City of Naples Pier; and to make a finding that
this item promotes tourism. (Commissioner Henning's request)
Note:
Item 16C4: Folio Number on the Purchase and Sales Agreement should read: Project: Basin 101
Wastewater System Rehabilitation Vanderbilt Beach /Naples. Folios: 62427800009 & 62427840001
Time Certain Items:
Item 1481 to be heard at 10:40 a.m.
Item I I B to be heard immediately following Item 9D
6/24/2014 16.A.20.
EXECUTIVE SUMMARY
Recommendation to approve a proposed amendment to the Tourist Development Tax Ordinance
No. 92 -60, as amended, that would authorize the reallocation of funds between Tourist
Development Tax categories with a supermajority vote of the Board and direct the County
Attorney to advertise ordinance changes to be approved by the Board at a future meeting; to allow
TDC grant funds previously awarded to the City of Naples to "carry forward" for expenditure in
FY 2015 for a major renovation of the City of Naples Pier; and to make a finding that this item
promotes tourism.
OBJECTIVE: To amend the Tourist Development Tax Ordinance to authorize and fund a major
renovation to the Naples Pier.
CONSIDERATIONS: Collier County has received a request from the City of Naples to use
Tourist Development Taxes to fund a major renovation to the Naples Pier. The City is the
recipient of a $200,000 Category "A" grant for FY 2014. However, an independent assessment
has revealed that for public safety and the integrity of the structure extensive repairs are needed.
Estimated total project cost is $892,000.
Ordinance 92 -60, as amended, provides an annual maximum Category "D" allocation of
$200,000 for fishing piers. To accommodate the City's request, staff has prepared an
amendment to the Ordinance providing for an exception to funding limits as- needed with an
affirmative vote of the Board plus one additional member (super majority vote).
To fund the entire Pier major renovation project, the following Board actions are necessary:
L Allow the FY 2014 $200,000 Category "A" grant to the City to carry forward to FY
2015.
2. Authorize the Chairman to execute the Category "A" Grant Agreement for FY 2015.
3. Approve the Ordinance amendment that would allow for reallocation of tourist taxes
among categories with a super majority vote and authorize the County Attorney to
advertise the Ordinance for adoption at a future Board meeting.
4. Allocate $692,000 to Category "D" fishing piers in FY 2015.
5. Approve the necessary budget amendment.
6. Make a finding that these actions promote tourism.
No amendment to the FY 2014 grant agreement with the City of Naples is needed. Staff has
prepared a FY 15 Agreement allocating an additional $692,000 and referring back to the original
TDC grant agreement.
FISCAL IMPACT: Funds are available in Fund 195 TDC Beach Renourishment reserves to
meet the City's request. Budget will be available on - October 1, 2014 for FY 2014/2015 budget
allocating $692,000 from Fund 195 reserves to Project No. 90096 (Naples Pier Repairs). The
City has agreed to make no Category "D" (fishing pier) requests for a period of four years
following this project expenditure. This commitment does not apply to pier repairs necessitated
Packet Page -83S-
6/24/2014 16.A.20.
by a catastrophic event or to renovations to other beach park facilities such as the restrooms next
to the pier.
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,
this item was approved unanimously. At the April 28, 2014 TDC meeting, this item was
approved unanimously.
LEGAL CONSIDERATIONS: The legislative intent to amend the tourist development tax
ordinance as proposed is to authorize the Board of County Commissioners to reallocate funds
between Board established categories with a super majority vote of the Board, however without
amending the ordinance each time. The Board currently has the power to reallocate funds with an
ordinance amendment. This proposed amendment would remain in compliance with Section
125.0104, Fla. Stat., and give the Board flexibility and greater efficiency to reallocate funds. This
item has been approved as to form and legality and requires a super majority vote (4 to 1) for
approval. — CMG
RECOMMENDATION: That the Board of County Commissioners approves a proposed
amendment to the Tourist Development Tax Ordinance No. 92 -60, as amended, that would
authorize the reallocation of funds between Tourist Development Tax categories with a super
majority vote of the Board and directs the County Attorney to advertise ordinance changes to be
approved by the Board at a future meeting; allows TDT grant funds previously awarded to the
City of Naples to "carry forward" for expenditure in FY 2015 for major renovation of the City of
Naples Pier; authorizes the Chairman to execute the Category "A" Grant Agreement; and makes
a finding that this item promotes tourism.
Prepared by: J. Gary McAlpin, Coastal Zone Management Manager of the Natural Resources
Department
Attachments: A) Proposed amendment to Ordinance No. 92 -60, as amended.
B) City of Naples Letter dated March 11, 2014
C) City of Naples Resolution dated March 19, 2014
D) Category "A" Grant Agreement with City of Naples for FY 2014/2015
E) E -mail from Bill Moss, City of Naples Manager
Packet Page -836-
6/24/2014 16.A.20.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.20.
Item Summary: Recommendation to approve a proposed amendment to the Tourist
Development Tax Ordinance No. 92 -60, as amended, that would authorize the reallocation of
funds between Tourist Development Tax categories with a supermajority vote of the Board and
direct the County Attorney to advertise ordinance changes to be approved by the Board at a
future meeting; to allow TDC grant funds previously awarded to the City of Naples to "carry
forward" for expenditure in FY 2015 for a major renovation of the City of Naples Pier; and to
make a finding that this item promotes tourism.
Meeting Date: 6/24/2014
Prepared By
Name: HambrightGail
Title: Accountant, Coastal Zone Management
5/21/2014 4:33:15 PM
Submitted by
Title: Accountant, Coastal Zone Management
Name: HambrightGail
5/21/2014 4:33:16 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
Date: 5/22/2014 10:15:31 AM
Name: McAlpinGary
Title: Manager - Coastal Management Programs, Coastal Zone Management
Date: 5/22/2014 12:21:13 PM
Name: KearnsAllison
Title: Manager Financial & Operational Support, Transportation Administration
Date: 5/23/2014 1:16:47 PM
Packet Page -837-
6/24/2014 16.A.20.
Name: LorenzWilliam
Title: Director - CDES Engineering Services, Natural Resources
Date: 5/26/2014 11:11:18 AM
Name: Tara Castillo
Title: Management/Budget Analyst, Road Maintenance
Date: 5/28/2014 9:45:14 AM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 6/3/2014 9:26:24 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 6/10/2014 11:10:15 AM
Name: OberrathKaren
Title: Accountant, Senior, Grants Management Office
Date: 6/10/2014 3:21:52 PM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 6/11/2014 3:33:03 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/13/2014 4:30:11 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 6/16/2014 10:53:38 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 6/16/2014 2:34:45 PM
Packet Page -838-
6/24/2014 16.A.20.
ORDINANCE NO. 2014 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 92 -60,
AS AMENDED, ALSO CITED AS SECTION 126 -83 OF THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES, RELATING TO THE
LEVY OF A 2% TOURIST DEVELOPMENT TAX, AN ADDITIONAL
1 % TAX (3RD PERCENT), AND AN ADDITIONAL 1 % TAX (4TH
PERCENT) THROUGHOUT COLLIER COUNTY PURSUANT TO THE
LOCAL OPTION TOURIST DEVELOPMENT ACT, SECTION 125.0104,
FLORIDA STATUTES, AS AMENDED; BY AMENDING SECTION
THREE, "USES OF TAX REVENUES," IN ORDER TO PROVIDE FOR
REALLOCATION OF FUNDS BETWEEN CATEGORIES A THROUGH
D; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 125.0104, Florida Statutes, provides for the levy of a local option
tourist development tax by any county; and
WHEREAS, on August 18, 1992, the Board of County Commissioners (Board) adopted
Ordinance No. 92 -60, which levied and imposed a 2% tourist and development tax throughout
Collier County for the purposes permitted in Section 125.0104, Florida Statutes, as amended; and
WHEREAS, through adoption of Ordinance No. 95 -56 and Ordinance No. 2005 -43, the
Board levied an additional 3rd and 4th percent tourist development tax; and
WHEREAS, the City of Naples adopted Resolution No. 14 -13429 authorizing the City
Manager to submit a Fiscal Year 2014/2015 Collier County Tourist Development Council
Category "A" Grant Application seeking $692,000 for a major renovation of the Naples Pier; and
WHEREAS, the City of Naples has also made a special request to Collier County to
allow $200,000 in Category "A" Grant Funds from Fiscal Year 2013/2014 to "roll over" to
Fiscal Year 2014/2015 for a total funding request of $892,000 for a major renovation of the
Naples Pier; and
WHEREAS, the Tourist Development Council has reviewed and recommends approval
of both City of Naples requests, recommends funding the major renovation of the Naples Pier up
to $892,000 as requested, and recommends amending Ord. No. 92 -60, as amended, to allow for
this reallocation; and
WHEREAS, the Board of County Commissioners will consider an amendment to the
Tourist Development Tax Ordinance No. 92 -60, as amended, in order to provide for the
Words Underlined are added; Words Stmek are deleted.
Norp 1 nfF,
Packet Page -839-
6/24/2014 16.A.20.
reallocation of funds between Categories A through D which will allow for the additional
funding required (total $892,000) for the major renovation of the Naples Pier.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION THREE OF ORDINANCE NO. 92 -601
AS AMENDED.
Section Three is hereby amended to read as follows:
SECTION THREE - USES OF TAX REVENUES.
(a) The tax revenues received pursuant to this division shall be used to fund the
County Tourist Development Plan, which is hereby amended as follows:
Tourist Development Plan
The two percent tourist development tax was levied throughout Collier County beginning
the first day of the second month following approval of this Ordinance by referendum. The tax
district includes the entire geographic area of Collier County, Florida. The anticipated revenue
for a two percent tourist development tax for all of Collier County over a 24 -month period was
$7,000,000.00, less costs of administration.
The additional one percent tourist development tax (3rd percent) was levied throughout
the county beginning the first day of January, 1996. A majority of the electors of Collier County
voting in a straw referendum election approved the continuation of the additional one percent
tourist development tax prior to June 30, 2000, therefore the additional one percent tourist
development tax shall continue until terminated by an amendment to this Ordinance. The tax
district shall include the entire geographic area of Collier County, Florida.
The additional tourist development tax (4th percent) shall be used to finance tourism
promotion as provided herein. The tax district shall include the entire geographic area of Collier
County, Florida.
(1) The categories of use of the two percent, one percent (3rd percent) and additional
one percent (4th percent) tax revenues by specific project or special use are hereby listed
in the order of priority:
CATEGORYA: To finance beach park facilities or beach improvement, maintenance,
renourishment, restoration and erosion control, including pass and inlet
maintenance shoreline protection, enhancement, cleanup or restoration of
inland lakes and rivers to which there is public access as these uses relate
to the physical preservation of the beach, shoreline or inland lake or river.
Words Underlined are added; Words Su%ek Theog# are deleted.
Packet Page -840-
6/24/2014 16.A.20.
Percentage of Net Revenue
32.584 percent of the two percent tax and 100 percent of the one
percent tax (3rd percent), reduced by the amount required for
Category D.
CATEGORYB: To promote and advertise county tourism within the State of Florida,
nationally and internationally, which encourages tourism to Collier
County and to fund convention bureaus, tourist bureaus, tourist
information centers and news bureaus as county agencies. If tax revenues
are expended for an activity, service, venue or event, the activity, service,
venue or event shall have as one of its main purposes the attraction of
tourists as evidenced by the promotion of the activity, service, venue or
event to tourists.
Percentage of Net Revenue
43.438 percent of the two percent tax and 100 percent of the
additional one percent tax (4th percent)
CATEGORY C: To acquire, construct, extend, enlarge, remodel, repair, improve, maintain,
operate or promote one or more County owned or operated museums or
municipal owned museums that are owned and operated by not for profit
organizations and open to the public.
Percentage of Net Revenue
23.978 percent of the two percent tax.
Sub - categories:
C(1): County owned or operated museums: 19.214 percent
C(2): Municipal owned museums and museums owned and
operated by not for profit organizations open to the public: 4.764
percent
CATEGORY D: To acquire, construct, extend, enlarge, remodel, repair, improve, maintain,
operate or promote one or more fishing piers which are publicly owned
and operated.
Percentage of Net Revenue
Words Underlined are added; Words �k To�ifeugn are deleted.
Paee 3 of 6
Packet Page -841-
6/24/2014 16.A.20.
Amount budgeted for this category by the Board of County
Commissioners each fiscal year, but not to exceed $200,000.00.
This amount may be amended upwardly or downwardly
prospectively from the date of the budget amendment approval,
provided that the amount of the aggregate allocation per fiscal year
does not exceed $200,000.00.
It is the intent of this division that the above uses shall be funded separately, but
simultaneously in the above percentages regardless of the actual amount of net revenues
collected.
(2) The additional one percent tax revenues (3rd percent) collected pursuant to
Section 126 -82(f) shall be used to finance beach park facilities, beach improvement,
maintenance, renourishment, restoration and erosion control including pass and inlet
maintenance shoreline protection, enhancement, cleanup or restoration of inland lakes
and rivers to which there is public access as these uses relate to the physical preservation
of the beach, shoreline or inland lake or river.
(3) The additional one percent tax (4th percent) collected pursuant to Section TWO
(G) shall be used entirely to finance tourism promotion including advertising, public
relations, promotion, research and fulfillment. It is the intent of the Board of County
Commissioners to maintain this new level of tourism promotion dollars in the future.
(4) The Disaster Recover Advertising Fund will maintain a maximum level of
$500,000.00. Should the fund fall below $500,000.00, the fund shall be replenished up to
a maximum of $500,000.00 per fiscal year from the General Fund.
(5) Administrative costs.
a. Tourism promotion administrative costs (Fund 194) shall not exceed 32%
of the total amount collected each fiscal year for Category "B" revenue.
This amount may be amended upwardly or downwardly each budget year
provided that the amount of the budget does not exceed 32% of the total
Category "B" revenue.
b. Project Management (Fund 185), Indirect Overhead, and Program
Administration in support of Fund 195 (Beaches) and Fund 183 (Beach
Park Facilities) shall not exceed 15 % of Category "A" revenues. This
amount may be amended upwardly or downwardly each budget year
provided that the amount of the budget does not exceed 15% of Category
"A" revenues.
(6) The revenues to be derived from the tourist development tax may be pledged to
secure and liquidate revenue bonds in accordance with the provisions of Section
125.0104, Florida Statutes. Such revenue bonds and revenue refunding bonds may be
authorized and issued in such principal amounts, with such interest rates and maturity
Words Underlined are added, Words Strtiek Rfe tgh are deleted.
Page 4 of fi
Packet Page -842-
6/24/2014 16.A.20.
dates, and subject to such other terms, conditions and covenants as the governing board
of Collier County shall provide. This paragraph shall be full and complete authority for
accomplishing such purposes, but such authority shall be supplemental and additional to,
and not in derogation of, any powers now existing or later conferred under law.
(7) The event bonds are issued by Collier County for any of the purposes enumerated
by the Tourist Development Plan, the amount of tourist development tax receipts used to
pay debt service on such bonds may exceed the percentages provided for the purpose for
which such bonds were issued; provided, however, the maximum annual debt service on
such bonds, together with any other obligations of Collier County which were issued to
finance improvements for the same purpose and which are secured by the tourist
development tax, must not exceed the stated percentage of tourist development tax
receipts provided in the Tourist Development Plan for such purposes, as calculated as of
the date of sale of such bonds. For purposes of performing the calculations described in
this paragraph, the amount of tourist development tax receipts shall be assumed to be the
amount provided as such in Collier County's immediately preceding annual audit, plus, if
the levy of such tax was imposed or increased subsequent to the beginning of the period
which was audited, an amount equal to the estimate by the County Manager of the
moneys the County would have received if the tax imposition or increase had been in
effect during the entire audit period. At or prior to the issuance of bonds the County
Manager shall provide a certificate as to the findings required in this paragraph, which
certificate shall be conclusive as to all matters provided herein.
(8) Notwithstanding anything to contrary herein the Board of County Commissioners
may reallocate funds between the above defined Categories (A -D) with an affirmative
vote of a majority plus one additional member of the Board of County Commissioners
(8) (9) The above and foregoing tourist development plan may not be substantially
amended except by ordinance enacted by an affirmative vote of a majority plus one
additional member of the Board of County Commissioners.
SECTION TWO: CONFLICT AND SEYERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered
Words Underlined are added; Words £4uek -4fetes are deleted.
Pa.oe 5 of fi
Packet Page -843-
6/24/2014 16.A.20.
or relettered to accomplish such, and the word "ordinance" may be changed to "section,"
"article," or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by a vote of a majority plus one of the Board of
County Commissioners of Collier County, Florida, this day of , 2014.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By:
Deputy Clerk TOM HENNING, CHAIRMAN
Approved as to form and legality:
aol-leen M. Greene
Assistant County Attorney
Words Underlined are added; Words Stfuek Rweugh are deleted.
Pace 6 of 6
Packet Page -844-
6/24/2014 16.A.20.
GU P-I LF .^7. �
l
OFFICE OF THE CITY MANAGER
TELEPHONE (239) 213 -1030 • FACSIMILE (239) 213 -1033
735 EIGHTH STREET SOUTH • NAPLES, FLORIDA 34102 -6796
March 11, 2014
Mr. Leo E. Ochs, Jr.
Collier County Manager
3299 Tamiami Trail East, Suite 202
Naples, Florida 34112
Dear Mr. Ochs:
The City of Naples annually receives Tourist Development Council (TDC) funding under
the Category "A" program which supports beach renourishment and pass maintenance.
The funding provides resources for daily maintenance, trash removal and custodial
services along the beachfront, including the Naples Pier and Lowdermilk Park.
A Resolution will be considered by City Council during their regularly scheduled meeting
of March 19, 2014 in support of two grant applications during the FY 2015 TDC funding
cycle.
The first is for an on -going Beach Maintenance project application. The FY 2015
funding request includes 1) maintenance equipment operator, custodians, and
tradesworker salaries and benefits in an amount of $181,000, 2) equipment, fuel &
maintenance in the amount of $7,000; and 3) beach cart in the amount of $12,000. The
total amount of funding requested in this application - $200,000.
The second application is for a major renovation of the Pier, including replacement of
the deck, stringers, railings, connection plates, stainless connectors, fasteners, water
piping, valves, fixtures, electrical panels, breakers, conduit and walkway lighting. These
replacements are required for public safety and ongoing preservation of the Pier
structure.
The A.D. Morgan Company was engaged to evaluate the Pier structural components
and provide recommendations including cost estimates for this project. The report is
attached.
A.D. Morgan Company recommends that the complete wood substructure above the
concrete pile cap beam surface be replaced. City staff is of the opinion that the visiting
public is better served with the construction of a single project addressing the entire
Packet Page -845-
6/24/2014 16.A.20.
facility deficiencies rather than a partial or phased effort insufficient in scope and
funding.
The City has received a grant from Category "A" for the current FY 2013 -14 ($200,000)
for repairs to the Pier. However, recognizing the significant pier deficiencies, these
funds have not been spent. In the 2015 grant application, we request that the $200,000
allocated for FY 2013 -14 be retained by the City, rolled -over, and combined with a new
Category "A" FY 2015 application requesting an additional $692,000. The total amount
of the project as estimated by the A.D. Morgan Company is $892,000.
Category "A" TDC application submittals, by Collier County policy, restricts funding to
$200,000 per project. Therefore, we respectfully ask Collier County staff and the Board
of County Commissioners to assist in the identification and allocation of TDC funds that
will allow completion of the Pier repair project.
The City of Naples has installed counters to record the number of visitors to the Pier.
Visitation counts recorded daily the previous three years at the Naples Pier demonstrate
the facility attracts the most attendance of any facility in the City of Naples, and
presumably one of the highest visited locations in Collier County. The visitor counts for
the past three years are as follows:
2011 — 932,799 2012 — 1,031,242 2013 — 1,070,545
The City of Naples requests the following considerations:
1. That the Coastal Advisory Committee, the Tourist Development Council and
the Board of County Commissioners favorably support the City's grant
application for the Naples Pier Deck Replacement and Structural Renovation
for FY 2015 in the amount of $692,000.
2. Grant a roll - forward continuation of TDC Category "A" FY 2014 funding in the
amount of $200,000 as supplemental to the FY 2015 grant request to fund a
project with a total estimated cost of $892,000.
3. Grant a waiver of the $200,000 annual funding cap restriction for a singular
request.
Thank you for your past support and for your consideration of this request for funding.
Sincerely,
A William Moss
City Manager
cc: Gary McAlpin, Coastal Zone Manager
(~ //: /.r ri>/i - >.v rslllil.v:... 1Ft�Vii �i;r' /iC i.i /is rri :Jr.l�. ,. `:�,'(i� / ✓ /�i'r ��r!t� / %r {/�viuv: r /�,
Packet Page -846-
6/24/2014 16.A.20.
Agenda Item 6 -b
Meeting of 3/19/14
RESOLUTION 14 -13429
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT FISCAL YEAR 2014-
2015 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT
APPLICATIONS UNDER THE BEACH RENOURISHMENT AND PASS MAINTENANCE
PROGRAM; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Collier County Tourist Development Council (TDC) recently announced the
availability of grant funding under its Category "A" program which supports beach
renourishment and pass maintenance; and
WHEREAS, the City has identified needs for that grant funding to support activities related to
Beach Maintenance in the amount of $200,000, and to Naples Pier Deck
Replacement and Structural Renovation in the amount of $692,000; and
WHEREAS, City staff prepared two grant applications to capture funding for the activities in
the amounts noted above; and
WHEREAS, the funding is in 100% dollars and requires no local matching funds; the
applications for such funding will have no adverse impact on present or future
operational needs;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NAPLES,
FLORIDA:
Section 1. That the City Manager is hereby authorized to submit Fiscal Year 2014 -15 Collier
County Tourist Development Council Category "A" Grant Applications, together
with any related documentation, to the Collier County Tourist Development
Council to support annual beach maintenance in the amount of $200,000 and
Naples Pier Deck Replacement and Structural Renovations in the amount of
$692,000.
Section 2. This resolution shall take effect immediately upon adoption.
Packet Page -847-
Resolution 14 -13429
6/24/2014 16.A.20.
Page 2
PASSED IN OPEN AND REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF
NAPLES, FLORIDA, THIS 19T" DAY OF MARCH 2014.
Attest:
Patricia L. Rambosk, City Clerk John F. Sorey III, Mayor
Approved as to form and legality:
Robert D. Pritt, City Attorney
M:IREFICOUNCI L1RES12 01 411 4 -1 34 29
Date filed with City Clerk:
Packet Page -848-
6/24/2014 16.A.20.
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
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
N,
Packet Page -849-
6/24/2014 16.A.20.
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 Q_<;'
Packet Page -850-
6/24/2014 16.A.20.
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 -851-
6/24/2014 16.A.20.
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
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 9
Packet Page -852-
6/24/2014 16.A.20.
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 9
Packet Page -853-
6/24/2014 16.A.20.
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.
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
Packet Page -854- fq�
6/24/2014 16.A.20.
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
Packet Page -855-
6/24/2014 16.A.20.
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:
ATTEST:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
Approved as to form and legality:
oc L LEEN M. GREENE
2 Assistant County Attorney
ATTEST:
PATRICIA L. RAMBOSK„ City Clerk
Approved as to form and
legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, Chairman
(corporate seal)
CITY OF NAPLES
JOHN F. SOREY III, Mayor
ROBERT D. PRITT, City Attorney Printed/Typed Name
8
(ADO.,
Packet Page -856-
Beach Maintenance
EXHIBIT "A"
BUDGET — CITY OF NAPLES
Requested
$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
Packet Page -857-
$1,053,371.00
6/24/2014 16.A.20.
6/24/2014 16.A.20.
EXHIBIT `B"
REQUEST FOR FUNDS
COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL
EVENT NAME
ORGANIZATION
ADDRESS
CONTACT PERSON TELEPHONE ( )
REQUEST PERIOD FROM TO
REQUEST#
( ) INTERIM REPORT
TOTAL CONTRACT AMOUNT S
( ) FINAL REPORT
EXPENSE BUDGET REIMBURSEMENT REOUESTED
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 -858-
SIGNATURE
Packet Page -859-
TITLE
6/24/2014 16.A.20.
6/24/2014 16.A.20.
From: McAIDinGary
To: CasalanauidaNick: MarcellaJeanne: HambriahtGail
Subject: FW: TDC Category "D" funds for the repairs to the Naples Pier
Date: Thursday, June 12, 2014 3:13:33 PM
Gail, Please add this as Attachment E to 16D21, the Naples Pier Ordinance revision ES scheduled
for 6/24 and 7/8 .
Gary
From: Bill Moss [mailto:bmoss @naplesgov.com]
Sent: Thursday, June 12, 2014 2:54 PM
To: McAlpinGary
Cc: OchsLeo; Mayor John Sorey III; Dave Lykins
Subject: TDC Category "D" funds for the repairs to the Naples Pier
Mr. McAlpin:
You have requested formal acknowledgement from the City of Naples that TDC
Category "D" funds would not be requested for repairs to the Naples Pier for the next
four years.
We appreciate the willingness of Collier County staff, the advisory committees, and
the Board of County Commissioners to allow the carry - forward of $200,000 granted
to the City this fiscal year for significant repairs to the Naples Pier, and the allocation
of an additional $693,000 to fund this major repair initiative.
As our request for financial assistance worked its way through the review and
approval process, we recognized the extraordinary steps taken to fund our request.
We further acknowledge our agreement that we would not request capital funding for
the Naples Pier in future years by acknowledging the theoretical "advancement" of
future allocations for the pier improvements.
We therefore acknowledge that we will not request funding for capital improvements
to the Naples Pier for Fiscal Year 2014 -15 through Fiscal Year 2017 -18. We assume
such commitment is not intended to preclude application for funds for emergency
repairs caused by catastrophic events. We also assume such commitment will not be
applicable to other facilities, such as upgrades of the existing restroom facilities near
the Pier.
Again, thank you.
Bill Moss
City Manager
City of Naples
bmoss _ naplesaov.com
Packet Page -860-
6/24/2014 16.A.20.
Under Florida Law, e -mail addresses are public records, If you do not want your e -mail address released in response to a public
reccras request; do not send electronic mail to this entity, Instead, contact this office by telephone or in writing,
Packet Page -861-