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Backup Documents 09/22/2020 Item #16A 9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A 9 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 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#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office CitY (7-1/1W 4. BCC Office Board of County b *�)�J Commissioners „SW Sl q'Ol`1 5. Minutes and Records Clerk of Court's Office n40(' (941194/.0 UFA PRIMARY CONTACT INFORMATION 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,may need to contact staff for additional or missing information. Name of Primary Staff Jessica Arencibia/GMD 239-252-8345 Contact/ Department Agenda Date Item was 09/22/2020 Agenda Item Number 16A9 Approved by the BCC Type of Document City of Naples Grant Agreement Number of Original 1 Attached Documents Attached PO number or account N/A number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK JA 2. Does the document need to be sent to another agency for additional signatures? If yes, JA provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JA signed by.the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's JA Office and all other parties except the BCC Chairman and the Clerk to the Board 5. 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. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip JA should be provided to the County Attorney Office at the time the item is input into SIRE. 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! 8. The document was approved by the BCC on 09/22/2020 and all changes made during JA N/A is not the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for • 11, • an option for Chairman's signature. this line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16A 9 Martha S. Vergara From: Martha S. Vergara Sent: Friday, September 25, 2020 9:15 AM To: 'Jessica.Arencibia@colliercountyfl.gov' Cc: 'jrosenberg@naplesgov.com' Subject: City of Naples Grant Agreement (9/22/2020 BCC Mtg. Item #16A 9) Attachments: Jessica Arencibia.pdf Morning Jessica A. & Jessica R., Attached for your records as referenced is a copy of the grant agreement. Thanks, Martha Vergara BMR &VAB Senior Deputy Clerk Jt; Office: 239-252-7240 tip.' 4 f`' Fax: 239-252-8408 E-mail: martha.vergara@CollierClerk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tamiami Trail E, Suite #401 Naples, FL 34112 www.CollierClerk.com i 1 6 A 9 2020-2021 TOURIST DEVELOPMENT TAX (:RANT AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES CATEGORY "A" CITY OF NAPLES' PROJECTS THIS AGREEMENT is made and entered into this dav of . 2020, by and between the('itv of Naples. ("(iRANTEE.") and Collier County, a political subdivision of the State oI'Florida, ("COI 1N1 Y„). RECITALS: WHEREAS. CITY has submitted applications for tourist Development tax Funds in the aggregate amount of One Ilundred Ninety-Seven Thousand Dollars (S197,0O0) Ibr the City of Naples beach cleaning and maintenance fur fiscal year 2020-2021 as described in Exhibit "A." (;rant Applications. to this Agreement (the "Projects"): and WHEREAS. the Coastal Advisory ('ommittee and the tourist Development Council have reviewed the grant application and made recommendations to approve funding these expenditures and have also made a recommended finding that these expenditures promote tourism: and WIIEREAS, the Board of ('ounty. Commissioners desires to fund the Projects with tourist development tax and linds that these expenditures promote tourism. NOW, III);RIl'ORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: SCOPE OE WORK, GRAN I EL, prepared detailed applications outlining the Projects to be accomplished, along with a project budget. as part of the grant application process. attached as Exhibits "A." GRANTEE shall provide the project activities outlined in the Grant Application within the budgeted amounts provided in the Grant 'application. GRAN FEE shall not be Gp,C` 16A 9 reimbursed for any expenditures not included in the Grant Application nor be reimbursed for amounts in excess of those provided in the Grant Application unless an amendment to this Agreement is entered into by GRAN and COt N I Y. 2. PAYMLN I AND RI;IMM1311RSI:MFN I, 1 he aggregate maximum reimbursement under this Agreement shall he One Hundred Ninety-Seven l'hautsand Dollars N a)7.t1t)0). GRAN I"I�I�. shall be paid in accordance with the fiscal procedures of COIN! Y 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 (;RANT FF shall determine that the goods and services have been properly provided and shall submit invoices to the County \tanager or his designee. I-he County Manager. or his designee. shall determine that the invoice payments are authorized and the goods or services covered by such invoice ha'.e been provided or performed in accordance with such authorization. The budget for each project. attached as Exhibit "13." 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 GRANT111. shall he 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. GRAN I EF. 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 pay ments. C017NTY shall not pay GRANTEE until the Clerk to the Board of County Commissioners pre-audits payment invoices in accordance with the law. 119-czv,.”,0264,146t,070 r1 2 16A 9 2.3 (iRAN I'1:1: shall he paid Iirr its actual cost not to exceed the maximum amount budgeted pursuant to the attached Exhibit "13." 3. LLI(.i1I3l.Ii EXPENDITURES.TIRES. Only eligible expenditures described in Proposals will be paid by COI IN FY. Any expenditures paid by ('()I NI FY which are later deemed to be ineligible expenditures shall he repaid to COUNTY within thirty (30) days of COUNTY' written request to repay said funds. (.'OUN'l'Y may request repayment of fiends for a period of up to one ( I f year after termination of this Agreement or any extension or renewal thereof. 4. PAYMENT R1 QUES IS. Payment requests for interim draws and final payment must be submitted to the County in the tiarm of the Request For I unds awn' attached to this Agreement as Exhibit "(' " 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 ('aunty. All invoices and requests Ii r payment including the final payment must he received within ninety (a)(t) days of termination of this Agreement. Any invoices and requests for payment not receiy ed in this time frame shall he returned to the (irantee and rejected For payment. S. INSURANCE. GRAN1EF is required to submit a Certificate of Insurance naming Collier County. and its Board or 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 or completion of all Projects required hereunder or as specified in this Agreement. whichever is longer. The Certificate of Insurance shall he issued by a company licensed in the State of 119).475$(10264:I4 O7O,'II +G 1\ 16A 9 Florida. with a current A.M . Best Financial rating of"Class VI or higher. and provide General I.iability Insurance for no less than the following amount: Bodily Injury Liability - $300,000 each claim per person Property Damage Liability - S300.000 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. GRAN shall not commence activities which are to he funded pursuant to this Aercement until CO(IN'IY has received the Certificate of Insurance. 6, ('11OI('I: OF VENDORS AM) I AIR 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 he involy ed in the selection of subcontractors or vendors. GRAN ILL agrees to disclose any relationship between (iRANTI'.f. and subcontractors and/or vendors, including. but not limited to. similar or related employees. agents. officers. directors and/or shareholders, ('OIIN'IY may. in its discretion. object to the reasonableness of the expenditures and require repayment if invoices have been paid tinder this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall he based on industry standards. 7. INI)[MNIF'1CATION. I o the extent permitted by law, GRANIFE shall hold harmless and defend COL. N I Y. 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 an claims brought against the COUNTY h) any employee of the ;If7 16A 9 named ('RAN I Ii'. an} subcontractor, or anyone directly or indirect') employed or authorized to perform work by any ol'(hem 8. NOTICES. All notices from (.'O1N Y to GRAN 1 EE shall be in writing and deemed duly served it mailed h} registered or certified mail to GRANT kF at the following address: Mike I eslie. Community Services Interim Director City of Naples 280 Riverside Circle Naples. Florida 34102 mleslie cunaplesgov.com All notices from GRANTEE to MU NI I Y shall be in writing and deemed duly served if mailed by registered or certified mail to ('Ol IN I Y at the Iollowing address: Gary McAlpin, Manager Coastal /one Management Collier Count) Government 2685 S. Horseshoe Urine Naples. Florida 34104 (iary.MeAlpin ieollicrconnt)f1.go\ GRANTEE and C'OUN1'Y 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 he construed as creating a partnership between COUNTY and GRANTEE. or its vendor or subcontractor. or to constitute (iRAN'l'LE . or its vendor or subcontractor. as an agent or employee ofCOLIN.I Y. 10. TERMINATION. COUNTY or (_iRANI'El•: may cancel this Agreement with or without cause by giving thirty (3t)) days advance evritten notice ot'such termination pursuant to Section 8 and specifying the effective date of termination. If ('0HIN'l'Y terminates this Agreement. COt INTY will pay GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors. by GRANTEE l'i'. up to the effective date of the termination so long as such expenses are eligible. (19-(/M t i2h., 144497t,1 ( 8. 16A 9 11. GENERA!. AC('O1'NTING. 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 he recorded. and ;ill expenditures must he incurred within the terms of this Agreement. 12. AVAILABILITY Y O1' RECORDS. GRANTEE shall maintain records, books.documents. papers and financial intnrntation pertaining to work performed under this Agreement. GRANTEE. agrees that COI.'N 1 Y. or any of its duly authorized representatives. shall. until the expiration of three (3) years idler final payment under this Agreement. have access to, and the right to examine and photocopy any pertinent hooks. documents. papers. and records of (iRANTEF involving transactions related to this Agreement. 13. AVAILA13II.11 Y (►I' I't'NDS: This Agreement is subject to the availability of Tourist Development "1 as re.enucs. 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. PRO)11131TION OF ASSIGNMENT. GRANITE shall not assign, convey, or transfer in .whole or in part its interest in this Agreement without the prior written consent of COtTNTY. 15. 11:RNI. This Agreement shall become effective on October I. 2020 and shall remain effective until sixty (60) days after completion of the Project described in Exhibit "A". hut no later than November 30. 2021. 16. AMENDMENTS. This Agreement may only he amended in writing h) mutual agreement of the parties and alter recommendation b) the Tourist Development Council if appropriate, i.e.. pertaining to the expenditure of tourist (levelopment tax. II`?t./vt.I ?M I.16(,97i' I t b ► 16A 9 17. REQUEST lOIt IA I I NSION. Any request for additional time to complete the project described herein or any request for additional tourist detielopnaent tax linos must be made in writing and received by the County Manager or designee at least thirty (30) days prior to the end date ofthis Agreement us provided in Section 15. I 1 RM. IN WITNESS WI 11i'R1:OF. GRANTEE and COI IN'I Y have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year Iirst above written. DM I 1):'Sept c:414).e.y.25,2o2D BOARD O1' ( ()l IN I Y COMMISSIONERS 1VI lhS'I : COLLIER COI ? . 1 Y. ELM IRA ):A CRYSTAL Kinzel. C'Ier-k. 1 . :/C Ali ttasio jxtt C let Burt I.. Saunders. Chairman 'signature only. Approved as to Coon and legality: Colleen hit, Greene Managing Assistant County Attorney. Al 115Itt43as1° '=r '14 (corporate seal) I1�1C ('it) ('perk 13 41, Teresa I leitrnunn Mayor Approvd toi thin and legal sufficiency: JAM ES D. FOX. City .1tairnev 16A 9 EXHIBIT A COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION 2021 Beach Renourishment and Pass Maintenance Naples Beach 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:Dana A. Souza, Community Services Director Address: 280 Riverside Circle City: Naples State: FL ZIP: 34102 Phone: 239/213-7120 FAX: 239/213-7130 Email: dsouza(iimaplesttov.com 3. Organization's Chief Elected Official and Title: Hon. Bill Barnett, Mayor 4. Details of Project- Description and Location: Description: This is an annual TDC funded project essential for support of maintenance on local beaches. The City is responsible for the upkeep and grooming of TDC eligible beaches within the City limits. 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. Funding is a benefit to both residents and tourist populations, and to the preservation of the beach, shoreline and its overall appearance and investment. This year's request includes the partial reimbursement for beach maintenance equipment operator, landscape tech's and service workers salaries. FY20 total costs for beach maintenance personnel is $245,277 for salaries only, plus benefits. Requested amount of $197,000 is an increase from last year's approved amount of$191,000 to cover the annual salary increases for the beach maintenance staff. 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 northward to Clam Pass in Collier County. 5. Estimated project start date: October 1, 2020 6. Estimated project duration: 12 Months 7. Total TDC Tax Funds Requested: 8197 000 8. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes () No (X) 16A 9 Collier Counts' Tourist Development Council Category "A"Grant Application -Page 2 Naples Beach Maintenance (Project Title) PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested $ 197,000 City/Taxing District Share $ State of Florida Share $ Federal Share $ TOTAL $ 197,000 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Beach Maintenance Staff Salaries $ 197,000 TOTAL $ 197,000 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. 2-12-2020 Charles T. Chapman IV, City Manager Date 16A 9 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: 1 ,:i. „. „0,,,, „,,,,,,„ fr ,,,... :!,,,,,v 7,4' w Oi"s'14.,jjk --,1-,zzi tt .r. r .:,; , tt 4 .- I t r +'M 7 1'yt f t }. !t Lay a d 4 ,t , { ..4, a �'. 114, �d`4*** ' y'i�r� .ir b h t 16A 9 !Alum 1 lc' 131►I)(iFT_ CITY OF NAPI ES Beach ('leaning and Maintenance S 197,000.00 AGGREGATE: TOTAL S 197.0OO.Ot) [19 CZM-00264/1466970111 I, 6A EXHIBIT "C" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCII_, EVU.:NT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE ( ) REQUEST PERIOD FRO\I TO RI QUEST# ( a IN"1T:RI\I REPORT I ) FINAL REPORT TOTAL CONTRACT AMOUNT S 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 roust accump:toy request for fonds. The fOih)%i ing will not he accepted fur payments: statements in place of invokes: cheeks or invoices not dated; tear sheets sr Wood 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 pa}fluent subsequent to the first request. Grantee is required to submit verification in writing that all subeontractors and vendors have been paid for work and materials previously perforated 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 rnaade to Grantee. Organizations reccising funding should take into consideration that it will take a mavirnuraa of 45 days for the County to process a check. Furnishing false information may constitute a s ialalion of applicable State and Federal laws. CERTIFICATION; OF FINANCIAI. OFFICER: I certify' that the ribose 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 C 119-CZM.00264/1466970/1] ,