Agenda 10/23/2018 Item #16D 110/23/2018
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute Amendment No. 1 to the
Memorandum of Understanding (MOU) between Collier County and the City of Naples for the
completion of the 8th Avenue South Beach Park Improvements, extending the project through
September 30, 2019.
OBJECTIVE: To extend the MOU between Collier County and the City of Naples to complete the 8th
Avenue South Beach Park Improvements through September 30, 2019.
CONSIDERATIONS: The City of Naples received a grant from the Tourist Development Council
(TDC) for the use of Category “A” Beach Park Facility Fund (183) funds for Naples 8th Avenue South,
Beach Park Improvements. Collier County and the City of Naples entered into an MOU on October 10,
2017, to work together on these improvements which include replacing the retaining wall at the entrance
to the park, reconstruct some portion of the existing wheelchair ramp to meet Americans with Disabilities
Act (ADA) specifications, and construct an ADA-compliant wheelchair ramp on the west side of the park.
Due to delays caused by Hurricane Irma and choosing to avoid extensive work during season, the City of
Naples requested to extend the MOU through September 30, 2019. There is no additional cost associated
with this extension of time.
The MOU has been approved and signed by the City of Naples.
FISCAL IMPACT: The project is fully funded in TDC Beach Park Facilities Fund (183), Project 80369,
City of Naples 8th Avenue Beach Improvement for $200,000.
GROWTH MANAGEMENT IMPACT: No Growth Management impact is associated with this action.
LEGAL CONSIDERATIONS: This Item is approved as to form and legality and requires majority vote
for approval. -CMG
RECOMMENDATION: To approve and authorize the Chair to execute Amendment No. 1 to the MOU
between Collier County and the City of Naples for the completion of the 8th Avenue South Beach Park
Improvements, extending the project through September 30, 2019.
Prepared By: Carrie Drew, Operations Analyst, Parks and Recreation Division
ATTACHMENT(S)
1. 2017-18 Tourism Agreement (signed) (PDF)
2. Amendment #1 2017 Tourism Agreement - CC & City of (PDF)
16.D.1
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10/23/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.1
Doc ID: 6970
Item Summary: Recommendation to approve and authorize the Chairman to execute Amendment
No. 1 to the Memorandum of Understanding (MOU) between Collier County and the City of Naples for
the completion of the 8th Avenue South Beach Park Improvements, extending the project through
September 30, 2019.
Meeting Date: 10/23/2018
Prepared by:
Title: – Public Services Department
Name: Todd Henry
10/04/2018 2:30 PM
Submitted by:
Title: Department Head - Public Services – Public Services Department
Name: Steve Carnell
10/04/2018 2:30 PM
Approved By:
Review:
Parks & Recreation Ilonka Washburn Additional Reviewer Completed 10/04/2018 2:38 PM
Public Services Department Kimberley Grant Level 1 Reviewer Completed 10/05/2018 9:04 AM
Parks & Recreation Barry Williams Additional Reviewer Completed 10/05/2018 4:52 PM
Public Services Department Todd Henry Level 1 Division Reviewer Completed 10/08/2018 8:19 AM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 10/08/2018 1:34 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 10/09/2018 4:44 PM
County Attorney's Office Emily Pepin CAO Preview Completed 10/10/2018 9:13 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/10/2018 10:21 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/10/2018 10:32 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 10/12/2018 6:14 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/14/2018 5:58 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/23/2018 9:00 AM
16.D.1
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2017-18 TOURISM AGREEMENT BETWEEN COLLIER COUNTY
AND T}IE CITY OF NAPLES FOR FY 17
CATEGORY'A" CITY OF NAPLES
NAPLES 8M AVE. SOUTH BEACH PARK IMPROVEMENTS
by and between the City ofNaples, hereinafter referred to as "GRANTEE" and Collier County, a
political subdivision ofthe State ofFlorida, hereinafter referred to as "COLINTY'.
RECITALS:
WHEREAS, CITY has submitted applieations for Category "A" Tourist Development
Tax Funds in the aggregate amount of Two Hundred Thousand Dollars ($200,000.00) for the
City ofNaples' Sth Ave. South Beach Park Improvements for fiscal year 2017-2018 as described
in Exhibit "A" to this A$eement ("Project"); and
WHEREAS, the COIINTY desires to fund the Project as a valid and worthwhile public
purpose and finds that these expenditures promote tourism.
NOW, TMREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES
PROVIDED }IEREIN 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 aclivities 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 ofthose provided in the Proposal unless an amendment
to this Agreement is entered into by GRANTEE and COUNTY.
THIS AGREEMENT is made and enrered inro this Sday or 0tlObp f , zorz,
|NSTR 5462587 0R 5442 PG 3632
RECORDEO 10/2412017 4:19 PM PAGES I
DWGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $78.00
16.D.1.a
Packet Pg. 811 Attachment: 2017-18 Tourism Agreement (signed) (6970 : Naples Beach MOU Extension)
1601
2. PAYIV{ENT AND REIMBI,RSEMENT. The aggegate maximum reimbursement under
this Agreement shall be Two Hundred Thousand Dollars and No/100 ($200,000.00). GRANTEE
shall be paid in accordance with the fiscal procedures of colJNTY upon submittal ofan invoice
and upon verification that the services described in the invoice are completed or that goods have
been received.
2'lGRANTEEshalldeterminethatthegoodsandserviceshavebeenproperlyprovided
and shall submit invoices to the County Manager or his desigree. The County Manager, or his
desigpee, 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 the 86 Ave. South Beach Park Improvements, attached as Extribit "B,' shall
constitute authorization of the expenditure described in the invoices provided that such
expenditure is made in accordaoce with this Agreement'
2.2 Each invoice submitted by GRANTEE shall be itemized in suffrcieat detail for audit
thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt
ofgoodsorperformanceoftheservicesinvoiced.GRANTEEshallcertifrinwritingthatall
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.
2.3GRANTEEshallbepaidforitsachralcostnottoexceed0temaximumanount
budgeted pursuant to the attached Exhibit 'B''
3. ELIGIBLE EXPENDITURES. Only eligible expenditures described in Proposals will
bepaitlbyCOUNTY.AnyexpenditurespaidbyCOUNTYwhicharelaterdeemedtobe
2[2005-001i 133366611]
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Packet Pg. 812 Attachment: 2017-18 Tourism Agreement (signed) (6970 : Naples Beach MOU Extension)
1601
ineligible expenditures shall be repaid to couNTY within thirty (30) days of colJNTY'S
written request to repay said funds. collNTY may request repayment of funds for a period of
up to one (1) year after termination ofthis Agreement or any extension or renewal thereof'
4.PAYMENTREQUESTS.Pa}meotrequeslsforinterimdrawsarrdfinalpaymentmust
be submitted to the county in &e fonn of the Request for Funds form attached to this Agreement
as Exhibit "C.', All payments are on a reimbursement basis only affer proof of paid invoices are
presented to the county. county may wittrhold aoy interim draw for failure to provide the
interim status report, and county shall withhold final payment until receipt of the final status
rcportorotherfinalreportacoeptabletoCounty.Allinvoicesandrequestsforpayment
including the final payment must be received within sixty (90) days of temination of this
Agreement.Alyinvoicesandrequestsforpaymentnotreceivedinthistimeframeshallbe
retumed to the Grantee and rejected for payment'
5. INSURANCE. GRANTEE is required to submit a certiicate of Insurance naming
collier county, and its Board of county commissioners and the Tourist Development Council as
additional insured. The insurance coverages identified in the certifrcate of Insruance shall be
maintained without intemrption &om the date of com$encement of the Projeots until the date of
completionofallProjectsrequiletlhereulderorasspecifiedinthisAgreement,whicheveris
Ionger. The Certificate of Insuraoce shall be issued by a company lioensed in the State of
FloridawithacurrentA.M.BestFinancialratingof..C]assVI''orhigher,andprovideceneral
Liability tnsurance for no less than the followilg amount:
Bodily Injury Liability - $300,000 each claim per person
Property Damage Liability - $300'000 each claim per person
Personal Injury Liability - $300,000 each claim per person
Worker's Compensation and Employer's Liability - Statutory
@[2005-001/1333666/1]
16.D.1.a
Packet Pg. 813 Attachment: 2017-18 Tourism Agreement (signed) (6970 : Naples Beach MOU Extension)
1601
The Certificate of lnsuranse must be delivered to the County Manager, or his designee, viithin
ten (10) days of execution of this Agreement by COLNTY. GRANTEE shall not commence
activities which are to be funded pu$uant to this Agreement until COUNTY has received the
Certifi cate of Insurance.
6. CHOICE OF VENDORS AND FAIR DEALING. GRANTEE may select vendors or
subcontractors to Fovide 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 ard/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
expendihres and require repayment if invoices have been paid under this Agreement for
unreasonable expenditures. The reasonableneSs of the expendih.nes shall be based on industry
standard s.
7. INDEMNIFICATION. To the extent permitted by law, GRANTEE shall hold harrnless
and defend couNTY, and its agents and employees, from any and all suits and actions including
attomey's fees and all costs of litigation and judgrnents 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 ofthe
named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to
perform work by any of them. CRANTEE'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 ol or lack of, sufficient insumnce protection. However, nothing contained herein shall
operate to waive the sovereign immuoity or limits of liability of either party'
4[2005-001i 1333666/rl
16.D.1.a
Packet Pg. 814 Attachment: 2017-18 Tourism Agreement (signed) (6970 : Naples Beach MOU Extension)
1601
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, City Manager
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:
Barry Williams, Director
Collier County Parks and Recreation Depafiment
15000 Livingston Road.
Naples, Florida 34109
BarryWilliams@colliergov.net
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 A$eement with or without
cause by giving thirty (30) days advance written notice of such temrination pursuant to Section 8
and speci&ing the effective date of termination. If COUNTY terminates this Agreement,
COUNTY will pay GRANTEE for all expenditures incurred, or conhactual obligations incurred
with subcontractors and vendors, by GRANTEE up to the effective date of the termination so
long as such expenses are eligible.
I L GENERAL ACCOUNTING. GRANTEE is required to maintain complete and accurate
accounting records and keep tourism tourist development tax funds in a separate ohecking
[2005-001/1 333666/1]
16.D.1.a
Packet Pg. 815 Attachment: 2017-18 Tourism Agreement (signed) (6970 : Naples Beach MOU Extension)
16 01
account'AllrevenuerelatedtotheAgreementshou]dberecorded,andallexpendituresmustbe
incurred within the terms of this Ageement.
12. AVAILABILITY OF RECORDS. GRANTEE shall rnaintain records, books, documents'
papers and financial information pertaining to work performed under this Agreement'
GRANTEE a$ees that CoLINTY, or any of its duly authorized representatives' shall' until the
expiration of tlfee (3) years after final payment under this A$eement' have acoess to' and the
right to examine and photocopy any pertinent books' documents' papers' and records of
GRANTEE involving ftnsactions related to this A$eement'
13. AVAILABILITY OF FIJNDS: This agteement is subject to the availability of Tourist
Development Tax revenues. If for any reason towist ax funds are not available to fund all or
part of this agreement, the COUNTY may upon written notice, at any time durilg the terirs of
this agleement, and at its sole discretion, reduce or eliminate funding under this agteement'
14. PROHIBITION OF ASSIGNMENT. GRANTEE shall not assign, convey' or transfer in
wholeorinpartitsinterestinthisAgreementwithoutthepriorwrittenconsentofCollNTY.
---*fi tp'-nrra. This Asreement shall become effectivei;.ffi. -ilr agreement shall become effective on OctoU.i t, ZO1Z and shall reraain
effective until sixty (60) days after completion of the Project described in Exhibit "A", but no
later than November 29 , 2018
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 additioml 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'
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.
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o
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Packet Pg. 816 Attachment: 2017-18 Tourism Agreement (signed) (6970 : Naples Beach MOU Extension)
1601
18. RECORDATION. This Agreement shall be recorded in the public records of collier
County, Florida.
IN WITNESS WHEREOF, GRANTEE and cotNTY have each respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year fust above written'
BOARD OF COI.INTY COMMISSIONERS
, FLORIDA
(corporate seal)
CITY OFNAPLES
Approved as to form and
legal sufficiency:
12005-001/1333666/1I
16.D.1.a
Packet Pg. 817 Attachment: 2017-18 Tourism Agreement (signed) (6970 : Naples Beach MOU Extension)
8ft Ave. South Beach Park Improvements
AGGREGATE TOTAL
1681
EXHIBIT *B-
BUDGET _ CITY OF NAPLES
$200,000.00
$200,000.00
[2005-001 /1 333666/1 ]
lr 16.D.1.a
Packet Pg. 818 Attachment: 2017-18 Tourism Agreement (signed) (6970 : Naples Beach MOU Extension)
EVENTNAME
ORGANIZATION
ADDRESS
CONTACT PERSON
REQUEST PERIOD FROM
REQUEST#
O INTERIM REPORT () FINAL R.EPORT
TOTAL CONTRACT AMOUNT $
EXPENSE BUDGET
TOTALS
SIGNATI,IRE
12005-001/1 333666i/1 l
EXHIBIT "C"
1601
REQUEST FOR F'UNDS
COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL
TELEPHONEO
TO
NOTE: Reimbursement of funds must stay lyithir the cotrIine3 of the Project Expenses outlined in your
applicatio[. Copier of paid itrvolces, caucetled checks, terr sheets, prhted samples or other backlp informstion
to iubstantlate payment ggg[ accomprny request for funds. Tbe fo[owing will not b€ accepted for pa]merts:
statements in placi of invoices; checks or invoices Dot dated; te8r sheets withoul date, compsny or organizatiotrs
name. A teaisheet is required for each ad for €acb d8y or Eonth of Publicatio[. A proof of an ad will oot be
acc€pted.
Esch additional request for paymeot subseque]lt to the lirst request, Grantee is required to submii-verilicetion in
writing that all subcontraclors and yerdors have been paid for work and Bat€rials previously performed or
received prior lo receipt ofany further paymeDts.
If project budget has speclfic categories with set dotlar limits, the Grstrtee ls r€quired to include a spreadshe_et to
strow wtrictr citegory each lnvoice is beirg paid from and total of category before payment can be -made
to
Grantee. OrganiLtions receiving fundilg should take into consideration that it wlll tske a maximum of 45 days
for ibe County to process , check
Furrishi6g fsls€ information may constitute, violation ofapplicable Sttte 8nd Federsl laws'
CERTIFIaATION oF FINANaIAL OFFICER: I certify that the above itrformstion is correct based on our
olficial accoulting system and records, colsistently applied and maiDlaiDed 8nd thst the cost showrl have beetr
made for the puipose of and in accordance with, the terms of the co[tract. The funds requested are for
reimbursement ofactusl cost made d[rirg this time period.
16.D.1.a
Packet Pg. 819 Attachment: 2017-18 Tourism Agreement (signed) (6970 : Naples Beach MOU Extension)
16.D.1.b
Packet Pg. 820 Attachment: Amendment #1 2017 Tourism Agreement - CC & City of (6970 : Naples Beach MOU Extension)
16.D.1.b
Packet Pg. 821 Attachment: Amendment #1 2017 Tourism Agreement - CC & City of (6970 : Naples Beach MOU Extension)