Backup Documents 07/26/2011 Item #16D 4ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1604
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THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s)
(List in routing order)
Office
Initials
Date
1.
0-:2 d4
(Initial)
Applicable)
2.
//
7-a a 6 /
Agenda Item Number
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3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
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4. Colleen M. Greene, ACA
County Attorney
Number of Original
2
J
5. Ian Mitchell, BCC Executive Manager
BCC
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6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
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Phone Number
252 -2966
Contact
0-:2 d4
(Initial)
Applicable)
Agenda Date Item was
//
7-a a 6 /
Agenda Item Number
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Approved b the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
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Type of Document
& re-&M ekJ
Number of Original
2
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Attached I
I
Documents Attached
LWA
INSTRUCTIONS & CHFCKLIST
I: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Initial the Yes column or mark "N /A" in the Not Applicable colum *), whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applicable)
1.
_ _
Original document has been signed/initialed for legal sufficiency. �'A:j .:mcur.ents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except th e BCC
Chairman and Clerk to the Board and possibly State Officials.
2.
All handwritten strike - through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6.
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
County Attorney's Office has reviewed the changes, if applicable.
I: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
MEMORANDUM 1604
Date: November 10, 2011
To: Gail Hambright, Accountant
Coastal Zone Management
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: 2012 Tourism Agreement with the City of Naples — Category A
Attached, please find two (2) originals of the document referenced above, approved by the
Board of County Commissioners on July 26, 2011.
The Minutes and Records Department will hold an original in the Official Records of the
Board.
If you have any questions, please call 252 -8411.
Thank you.
Attachment (2)
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1604 x.6. OONT7E�;y�
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FINANCE DEPARTMENT
TELEPHONE (239) 213 -1820 • FACSIMILE (239) 213 -1805
735 EIGHTH STREET SOUTH • NAPLES, FLORIDA 34102 -6796
November 8, 2011
Gray McAlpin, Director
Coastal Zone Management
Collier County Government
3299 Tamiami Trail East — Suite 103
Naples FL 34112
RE: 2012 Tourism Agreement Between Collier County and the City of Naples —
Category A — City of Naples
Dear Mr. McAlpin:
Enclosed please find three original signature copies of the subject agreement. The
agreement has been approved by the City Council and three copies executed by the
Mayor, acting as Chief Elected Official.
Please have the agreements counter- signed with an original fully executed copy back to
the City for our records. Thank you for your consideration in this matter.
Please feel free to call me if there are any questions or concerns.
Sincerely,
�&T ��
Greg Givens, Grants Coordinator
City of Naples - Finance Department
735 8th Street - South
Naples, FL 34102
Office: (239) 213 -1816
zeivensAnaplesgov. com
Attachments
CC: Dave Lykins, Director, CSD
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2012 TOURISM AGREEMENT BETWEEN COLLIER COUNTY
AND THE CITY OF NAPLES FOR FY 11 CATEGORY "A" CITY OF
NAPLES PROJECTS.
THIS AGREEMENT is made and entered into this L! day of G b Pr- ,
2011, 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 $131,850.00 for the City of Naples Projects for fiscal year
2011 -2012 as described in Exhibit A 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 "Proposal," attached as Exhibit "A ". GRANTEE shall provide
the project activities outlined in the Proposal within the budgeted amounts provided in the
Proposal. GRANTEE shall not be reimbursed for any expenditures not included in the Proposal
nor be reimbursed for amounts in excess of those provided in the Proposal unless an amendment
to this Agreement is entered into by GRANTEE and COUNTY.
2. PAYMENT AND REIMBURSEMENT. The aggregate maximum reimbursement under
this Agreement shall be One Hundred Thirty One Thousand Eight Hundred Fifty and No /100
INSTR 4626463 OR 4736 PG 877
RECORDED 11/15/2011 9:13 AM PAGES 9
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $78.00
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($131,850.00). 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.
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.
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.
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 Proposal 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
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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 of requests 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 certificate must be valid for the duration of this Agreement and be
issued by a company licensed in the State of Florida 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.
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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.
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
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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
3299 Tamiami Trail East, Suite 103
Naples, Florida 34112
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 7
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
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
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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, 2011, and shall remain
effective until sixty (60) days after completion of the Project described in Exhibit "A ", but no
later than September 30, 2012.
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 14, TERM.
18. RECORDATION. This Agreement shall be recorded in the public records of Collier
County, Florida.
16D 4
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: K �Ol
ATTEST:
DWIGLjJ'Li &4R, fl CK, Clerk
Apprci�"s•,,tiorm and
legal sufficiency:
!V l
een M. Greene
Assistant County Attorney
ATTEST:
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Approved as to form and
legal sufficiency:
n ff
ROBERT D. PRI T, City Attorney
(corporate seal)
7
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Fred Coyle, Chairman
GRANTEE
CITY OF NAPLES
B �'�
Y•
LL BA TT, Mayor
WITNES ES:
(1) I&
signature
m I Clod E mk ;'-
(2)
Printed/TAaed Name
Printed/Typed Name
16D4
EXHIBIT "A"
BUDGET — CITY OF NAPLES
Beach Maintenance
$76,850.00
Naples Pier Annualized Repair and Maintenance $55,000.00
AGGREGATE TOTAL $131,850.00
EXHIBIT "B"
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REQUEST FOR FUNDS
COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL
EVENT NAME
ORGANIZATION
ADDRESS
CONTACT PERSON TELEPHONE ( )
REQUEST PERIOD
REQUEST#
( ) INTERIM REPORT
FROM TO
TOTAL CONTRACT AMOUNT $
( ) FINAL REPORT
EXPENSE BUDGET REIMBURSEMENT REQUESTED
TOTALS
NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your
application. Copies of paid invoices, cancelled checks, tear sheets, printed samples or other backup information
to substantiate payment must accompany request for funds. The following will not be accepted for payments:
statements in place of invoices; checks or invoices not dated; tear sheets without date, company or organizations
name. A tear sheet is required for each ad for each day or month of publication. A proof of an ad will not be
accepted.
Each additional request for payment subsequent to the first request, Grantee is required to submit verification in
writing that all subcontractors and vendors have been paid for work and materials previously performed or
received prior to receipt of any further payments.
If project budget has specific categories with set dollar limits, the Grantee is required to include a spreadsheet to
show which category each invoice is being paid from and total of category before payment can be made to
Grantee. Organizations receiving funding should take into consideration that it will take a maximum of 45 days
for the County to process a check.
Furnishing false information may constitute a violation of applicable State and Federal laws.
CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on our
official accounting system and records, consistently applied and maintained and that the cost shown have been
made for the purpose of and in accordance with, the terms of the contract. The funds requested are for
reimbursement of actual cost made during this time period.
SIGNATURE TITLE