Backup Documents 07/24/2012 Item #11GORIGINAL DOCUMENTS CHECKLIST & ROUTING SL
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THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
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5. BCC Executive Manager
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6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
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Name of Primary Staff
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252 -2966
Contact
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INSTRUCTON\
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a pro riate.
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and Clerk to the Board and possibly State Officials.)
2.
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made during the meeting have been incorporat d in the attached document. The
Count Attorney's Office has reviewed the changes, if a licable.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip
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I I G
MEMORANDUM
Date: December 13, 2012
To: Gail Hambright, Sr. Accountant
Coastal Zone Management
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: 2013 Tourism Agreement between Collier County and
the City of Naples for FY13 Category "A" Projects
Attached, find please a certified copy of the agreement referenced above,
(Item #11G) approved by the Board of County Commissioners July 24, 2012.
The Minutes & Records Department has kept the original document for the
Board's Official Record.
If you have any questions, please call 252 -8406.
Thank you.
Attachment
11C
2013 TOURISM AGREEMENT BETWEEN COLLIER COUNTY
AND THE CITY OF NAPLES FOR FY 13 CATEGORY "A" CITY OF
NAPLES PROJECTS.
THIS AGREEMENT is made and entered into this day of -c�•r' ,
2012, 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 one hundred fifty six thousand eight hundred fifty dollars
($156,850.00) for the City of Naples Projects for fiscal year 2012 -2013 as described in Exhibit A
and attachments A -1 Beach Maintenance and A -2 Naples Pier, to this Agreement (the
"Projects "); and
WHEREAS, the COUNTY desires to fund the Projects as a valid and worthwhile public
purpose.
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 "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.
I I G
2. PAYMENT AND REIMBURSEMENT. The aggregate maximum reimbursement under
this Agreement shall be One Hundred Fifty Six Thousand Eight Hundred Fifty and No /100
($156,850.00). 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 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
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
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I I C-
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 sixty (60) 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.
1.1.1 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, 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
3
I I�
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.
4
11G
8. NOTICES. All notices from COUNTY to GRANTEE shall be in writing and deemed
duly served if mailed by registered or certified mail to GRANTEE at the following address:
Mr. David Lykins, Community Service Director
City of Naples
280 Riverside Circle
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
with subcontractors and vendors, by GRANTEE up to the effective date of the termination so
long as such expenses are eligible.
11. GENERAL ACCOUNTING. GRANTEE is required to maintain complete and accurate
accounting records and keep tourism tourist development tax funds in a separate checking
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account. All revenue related to the Agreement should be recorded, and all expenditures must be
incurred within the terms of this Agreement.
12. AVAILABILITY OF RECORDS. GRANTEE shall maintain records, books, documents,
papers and financial information pertaining to work performed under this Agreement.
GRANTEE agrees that COUNTY, or any of its duly authorized representatives, shall, until the
expiration of three (3) years after final payment under this Agreement, have access to, and the
right to examine and photocopy any pertinent books, documents, papers, and records of
GRANTEE involving transactions related to this Agreement.
13. AVAILABILITY OF FUNDS: This agreement is subject to the availability of Tourist
Development Tax revenues. If for any reason tourist tax funds are not available to fund all or
part of this agreement, the COUNTY may upon written notice, at any time during the terms of
this agreement, and at its sole discretion, reduce or eliminate funding under this agreement.
14. PROHIBITION OF ASSIGNMENT. GRANTEE shall not assign, convey, or transfer in
whole or in part its interest in this Agreement without the prior written consent of COUNTY.
15. TERM. This Agreement shall become effective on October 1, 2012, and shall remain
effective until sixty (60) days after completion of the Project described in Exhibit "A ", but no
later than September 30, 2013.
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.
C
11G
18. RECORDATION. This Agreement shall be recorded in the public records of Collier
County, Florida.
11G
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: W—M a'' BOARD OF COUNTY COMMISSIONERS
ATTEST: 1, COLLIER COUNTY, FLORIDA
DW1614T E. BROCK, Clerk
r By:
" Jerk Fred Coyle, Chairman
Approved as to form and
legal sufficiency:
Colleen M. Greene
Assistant County Attorney
CITY OF NAPLES
ATTEST:
By:
OHN F. SOREY III, ayor
'PATRICIA L. RAM130SK, City Clerk
WITNESSES:
Approved as to form and
legal sufficiency:
signature
214n �r, l& 1 S
ROBERT D. PRITT, Citk Attorney P ' , yped Name
(2)
,p v
1� TA tf7a•�l
(corporate seal) Printed/Typed Name
EXHIBIT "A"
BUDGET — CITY OF NAPLES
Beach Maintenance
$76,850.00
Naples Pier Annualized Repair and Maintenance $80,000.00
AGGREGATE TOTAL $156,850.00
Exhibit A -#
FINANCE DEPARTMENT
TELEPHONE (239) 213 -1820 • FACSIMILE (239) 213 -1805
735 EIGHTH STREET SOUTH • MAPLES, FLORID 34102 -6796
March 23, 2012
Gail Hambright, Accountant
Coastal Zone Management Office
W. Harmon Turner Building
3200 East Tamiami Trail — Suite 103
Naples FL 34112
RE: City of Maples - Submission of TWO Grant Proposals; FY 2012 -2013
TDC Category "A" Applications
Dear Ms. Hambright:
Enclosed please find an original signature copy for each of two applications. The two
applications are respectively submitted under the Collier County Coastal Advisory
Committee's Category "A" grant program. The applications are formatted to capture all
the information suggested by the program guidelines. The applications were approved by
resolution for submission by the City Council at their March 21, 2012 meeting. The
approval resolution is available upon request.
The two applications are for funding to support, 1) Naples Beach Maintenance project,
and 2) Naples Pier Annualized Repair and Maintenance project. Our project leader, Joe
Boscaglia, would be more that pleased to discuss any aspect of these applications.
The City of Naples is concerned with sustainable economic growth for the region. These
project applications are critical to that effort, Thank you for your consideration in this
matter,
Sinc ly,
Greg Given , 'rants Coordinator
City of Naples - Finance Department
735 8th Street - South
Naples, FL 34102
Office: (239) 213 -1816
&drdm@Wks=c
Fndosimes: C ?rant Applications
Exhibit A -1
COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL
CATEGORY "A" GRANT APPLICATION
2013 Beach Renourishment and Pass Maintenance
Navies Beach Maintenance _
(Project Title)
l . Name and Address of Project Sponsor Organization:
City Of Naples
735 Eighth Street South
Naples, Florida 34102
2. Contact Person, Title and Phone Number:
Name: David Lykins, CSD Director
Address: 280 Riverside Circle
City: Naples State: FL ZIP: 34102
Phone: 239/213 -7110 FAX: 2391213 -7130 Other: dlykius(a_�nauleseov.com
3. Organization's Chief Elected Official and Title:
Hon. John F. Sorey III
City Mayor
4. Details of Project- Description and Location:
Description: This is an on -going TDC funded project for support of maintain on local beaches.
The City in recent years has taken over the upkeep and grooming of TDC eligible beaches from
the County. Under this project, the City removes litter, accumulation of algae, and rocks along
public access beach portions of the Gulf within the City's jurisdictional limits. This is a benefit to
both residents and tourist populations, and is beneficial to the preservation of the sand beach
and shoreline. This year's request includes equipment operator's salary and benefits; equipment
fuel and maintenance, contractor and equipment.
Location: Signification coordination of effort continues between the City and Collier County
concerning beach maintenance. The project boundary location is from southernmost State -
permitted beach cleaning area within the City's jurisdictional boundary to Clam Pass in Collier
County.
5. Estimated project start date: October 1, 2012
6. Estimated project duration: 12 Months
7. Total TDC Tax Funds Requested: $76,850
8. if the full amount requested cannot be awarded, can the program/project
be restructured to accommodate a smaller award?
Yes (X) No()
Exhibit A -1
Collier County Tourist Development Council
Category "A " Grant Application - Page 2
Naples Beach Maintenance
(Project Title)
PROJECT BUDGET
PROGRAM ELEMENT
TDC Funds Requested
City/Taxing District Share
State of Florida Share
Federal Share
TOTAL
PROJECT EXPENSES:
(Engineering, Mobilization, Contractor,.Monitoring etc)
AMOUNT
$ _76,850
$ _76;850
_Salaries $_48,000
_Equipment Fuel and Maintenance $_7,000
_Additional Beach Cart - Gas w/ Manual Bed Lift_ $_11,850
_Additional Two Beach Trash Compactors at Pier $_10,000
TOTAL
$ _76,850
IIG
I have read the Tourist Development Category "A" Beach Funding Policy covering beach
renourishment and pass maintenance and agree that my organization will comply with all
guidelines and criteria.
X
A. WiTliam Moss, City Manager Date
Approved arsto fOM jsod f pft
sy
It~ D. Ptftt, Clty Attan"y
Exhibit A -1 I 1 ( !
EXHIBIT A
ADDITIONAL INFORMATION
ELIGIBILITY: Beach Maintenance activities will take place on beach area that are least 80%
classified as eligible under the TDC guidelines. The project boundary location is from
southernmost State - permitted beach cleaning area within the City's jurisdictional boundary to
Clam Pass in Collier County.
ORGANIZATIONAL CAPACITY: The City of Naples will be the primary recipient
and lead agency for controlling and completing all aspects and activities proposed in this
grant application. The City will remain the lead agency for the duration of funding and
will be the sole point of contact for all matters related to this proposal. The City has the
managerial and financial capability to ensure proper planning, management, and
completion of the project described in this application.
BUDGET ASSURANCES: Dual Compensation: If a City project staff member or
consultant is involved simultaneously in two or more projects, the staff will not be
compensated for more than 100% of their time for any such dual involvement.
PROJECT LOCATION MAP:
Exhibit A -2
COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL
CATEGORY "A" GRANT APPLICATION
2013 Beach Renourishment and Pass Maintenance
Naples Pier Annualized Repair and Maintenance
(Project Title)
1. Name and Address of Project Sponsor Organization:
City Of Naples
735 Eighth Street South
Naples, Florida 34102
2. Contact Person, Title and Phone Number:
Name: David Lykins, CSD Director
Address: 280 Riverside Circle
City: Naples State: FL ZIP: 34102
Phone: 239 /213 -7110 FAX: 239/213 -7130 Other: diykinsQnaplesgoy.com
3. Organization's Chief Elected Official and Title:
Icon. John F. Sorey III
City Mayor
4. Details of Project- Description and Location:
Description: The activity description for this project includes labor and material for the upkeep
and safety of the pier. The pier is a pubic access beach facility as a tourist attractor and
destination. The pier structure has a shoreline erosion control and beach preservation effect.
Additionally, the public safety through the continued maintain of the pier is of paramount
importance. Repair and maintenance issues include responsibility and public safety of pier
structure, wooden deck, restrooms and storage facilities as well as water and electrical
systems related to the pier's use as a fishing, tourist and beach preservation structure.
Location: The project location is at the 12 Avenue — South terminus beach end. Please refer to
Project Location Map found in Exhibit A.
5. Estimated project start date: October 1, 2012
6. Estimated project duration: 12 Months
7. Total TDC Tax Funds 'Requested: $80,000
8. If the full amount requested cannot be awarded, can the program/project
be restructured to accommodate a smaller award?
Yes (X) No ( )
Exhibit A -2
Collier County Tourist Development Council
Category "A" Grant Application - Page 2
Naples Pier Annualized Repair and Maintenance
(Project Title)
PROJECT BUDGET
PROGRAM ELEMENT AMOUNT
TDC Funds Requested $ _$80,000
City/Taxing District Share $
State of Florida Share $
Federal Share $
TOTAL $ _$80,000
PROJECT EXPENSES:
(Engineering, Mobilization, Contractor, Monitoring etc)
Salaries and Material
TOTAL
$_$80,000
$ 80,000
S1G
I have read the Tourist Development Category "A" Beach Funding Policy covering beach
renourishment and pass maintenance and agree that my organization will comply with all
guidelines and criteria.
x �u 3 %z Ac-
A. iam Moss, City Manager Date
APProved as to fem and Ipsiit�
sy
Robert D. Pd% q� A .�
�!I
11G
Exhibit A -2
EXHIBIT A
ADDITIONAL INFORMATION
ELIGIBILITY: The pier structure is no more than one -half mile from a public beach
facility, public access point, and hotel or motel facilities and is on a beach area classified
as eligible.
BUDGET ASSURANCES: Dual Compensation: If a City project staff member or
consultant is involved simultaneously in two or more projects, the staff will not be
compensated for more than 100% of their time for any such dual involvement.
PROJECT LOCATION MAP:
11G
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.
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