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Backup Documents 09/28/2021 Item #16A13 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A 1 3 • 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 Attomey Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office CM 6- I l (1 4. BCC Office Board of County VI f ` Commissioners J 5( / 5. Minutes and Records Clerk of Court's Office 014) tt\11 12-D21 Z.1131 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 Andrew Miller Contact/ Department Agenda Date Item was 9/28/2021 Agenda Item Number 16.A.13 Approved by the BCC Type of Document Agreement — Tourist Development Tax Grant Number of Original 1® Attached Agreement Between Collier County and the City Documents Attached of Naples—Category"A"City of Naples'Projects -$403,600.00 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 FEB 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A 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 FEB 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 N/A 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 N/A 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 06/08/2021 and all changes made during FEB 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. lis line. 9. Initials of attorney verifying that the attached document is the version approved by the tivA is not BCC, all changes directed by the BCC have been made,and the document is ready for the ., option 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 16A13 MEMORANDUM Date: November 18, 2021 To: Andrew Miller, Manager Coastal Management Program From: Martha Vergara, Deputy Clerk Minutes and Records Department Re: TD Development Tax Grant Agreement between Collier County And City of Naples - Category "A" Attached is a scanned copy of the document referenced above, (Item #16A13) approved by the Board of County Commissioners on Tuesday, September 28, 2021. The original has been held in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-7240. Thank you. Attachment 16Ai3 2021-2022 TOURIST DEVELOPMENT TAX GRANT AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES CATEGORY"A"CITY OF NAPLES'PROJECTS THIS AGREEMENT is made and entered into this/ r day off,07e41 3 , 2021, by and between the City of Naples, ("GRANTEE")and Collier County, a/political subdivision of the State of Florida,("COUNTY"). RECITALS: WHEREAS, CITY has submitted two grant applications for Tourist Development Tax Funds in the aggregate amount of Four Hundred and Three Thousand Dollars ($403,000) for the City of Naples' Beach Cleaning and Maintenance Staff Salaries ($203,000.00) and for Naples Pier Repair and Maintenance ($200,000.00) for fiscal year 2021-2022 as described in Exhibit "A,"Grant Applications,to this Agreement(the"Projects");and WHEREAS, the Coastal Advisory Committee and the Tourist Development Council have reviewed the Grant Applications and made recommendations to approve funding these expenditures and have also made recommended findings that these expenditures promote tourism;and WHEREAS, the Board of County Commissioners desires to fund the Projects with Tourist Development Tax and finds that these 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 outlining the Projects to be accomplished, along with a project budgets, as part of the grant application process, attached as Exhibits "A." GRANTEE shall provide the project activities outlined in the Grant Application GA 16A13 within the budgeted amounts provided in the Grant Application. GRANTEE shall not be 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 GRANTEE and COUNTY. 2. PAYMENT AND REIMBURSEMENT. The aggregate maximum reimbursement under this Agreement shall be Four Hundred and Three Thousand Dollars ($403,000.00). 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 "B," 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 to the Board of County Commissioners pre-audits payment invoices in accordance with the law. [19-CZM-00264/1634518/1 l 2 Cq f� 1 6A13 2.3 GRANTEE shall be paid for its actual cost not to exceed the maximum amount budgeted pursuant to the attached Exhibit"B." 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 "C." 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 19-CZM-00264/1634518/1) 3 AU 16A13 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 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 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 [19-CZM-00264/1634518/1] 4 16A13 named GRANTEE,any subcontractor,or anyone directly or indirectly employed or authorized to perform work by any of them. 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: Nick Roberts, MR CPRP Director Community Services Department,City of Naples 280 Riverside Circle Naples, Florida 34102 nroberts@naplesgov.com 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: Andrew Miller,Manager Coastal Zone Management Collier County Government 2685 S. Horseshoe Drive Naples,Florida 34104 Andrew.Miller@colliercountyfl.gov 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. [19-CZ.M-00264/1634518/1) 5 (;A:i 16A13 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 recorde d,ed, 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, 2021 and shall remain effective until sixty (60) J daysp after completion of the Project described in Exhibit "A", but no later than November 30, 2022. 16. AMENDMENTS.This Agreement may only be amended in writing by mutual agreement of the parties and after recommendation by the Tourist Development Council if appropriate, i.e. pertaining to the expenditure of Tourist Development Tax. (19-C2M-00264/1634518/11 6 16A13 17. REQUEST FOR EXTENSION. Any request for additional time to complete the Projects 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. 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:Noverr,ber I-112021 BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER OUNTY,FLORIDA CRYSTAL Kinzel, Clerk _' 1 By: 01,4411____ A�Q 8S±0��?� i1'�Z'l��eputy rk P nny Taylorairman Approved as to form and legality: (it - �C lleen M. Greene Managing Assistant County Attorney ATTEST: ��;;��a (corporate seal) "• ,�Z k ' CITY OF NAPLES i `, • i�.R cr <' '. ',AA.TRIC.:A iFt4IV t SK, City Clerk " =• Teresa Heitmann, Mayor t Approved as'Io- rm all(' legal ssuuf9 .iency: - �/ Nan y Stupa ch, City ttomey / 1 [19-CZM-00264/I634518/I] 7 16A13 EXHIBIT "A" COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION 2022 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:Mike Leslie, Community Services Interim Director Address: 280 Riverside Circle City: Naples State: FL ZIP: 34102 Phone: 239/213-7120 FAX: 239/213-7130 Email: mlesliera naplesgov.com 3. Organization's Chief Elected Official and Title: Hon. Teresa Heitmann,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. FY21 total costs for beach maintenance personnel is $350,781 for salaries only, plus benefits. Requested amount of$203,000 is an increase from last year's approved amount of $197,000 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 1,2021 6. Estimated project duration: 12 Months 7. Total TDC Tax Funds Requested: $203,000 8. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes () No(X) 16A13 Collier County Tourist Development Council Category "A"Grant Application -Page 2 Naples Beach Maintenance (Project Title) PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested $203.000 City/Taxing District Share $ State of Florida Share $ Federal Share $ TOTAL $203.000 PROJECT EXPENSES: (Engineering,Mobilization, Contractor, Monitoring etc) Beach Maintenance Staff Salaries $ 203,000 TOTAL $ 203,000 1 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. 2-10-2021 Charles T. Chapman IV,City Manager Date 16A13 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: .t 7i I eta! ✓r y? ?; - T_ , '11 I .., : :.;:, .....:;;, ,,..,.,i.,.... ,..,,,. f4-or.,-..k.:_a- :.,...% r :t*..1,9t.-•-11•1741;,4.1::if —j--77,-;' '. . . yt .wS� ';' ifs+,r'•• r L4,i'��� �.:��.�� •, : ,,,S 4 v' 4114 .., 4b ..,, ..tr t�tf <.7,, ► Rf •` 014t • Ys.t�ayy 4 ‘,....a,,,,,... .1 . liiiii4 !1. Jl i n..4.,. , fr( y It •.� ''//llam� ` P' { A i�0 4�t 5,.„ Vic': c.,+, i tw is :y" I!` 'O-, . ?" Co•.eCa:ryProp lyAepdsy Napes ' . t r^ �'t t,..4 I,: ;s;c ' 16A13 1iJ11111)11 C1 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A"GRANT APPLICATION 2022 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:Nick Roberts,Community Services Director Address: 280 Riverside Circle City: Naples State: FL ZIP: 34102 Phone: 239/213-7120 FAX: 239/213-7130 Email: nrobertsta napleseov.com 3. Organization's Chief Elected Official and Title: Hon. Teresa Heitmann, Mayor 4. Details of Project-Description and Location: Description: This annual TDC funded project includes labor, material, supplies and equipment for the upkeep and safety of the pier. The Naples Pier is a public access beach facility and a tourist attraction and destination. The pier structure has a shoreline erosion control and beach preservation effect. The public safety through the continued maintenance of the Naples Pier is of paramount importance.Repair and maintenance issues include the Naples Pier structure,wooden deck, railings, restrooms, concession building, shade structures, storage facilities, light fixture replacement, painting, staining, fish cleaning tables, as well as water and electrical systems and other areas related to the Naples Pier. The Pier, a historically significant structure originally constructed in 1887, serves as a public access beach facility, as a major tourist attraction and vacation destination. The Naples Pier captures out- of-county and local visitors as well as tourist populations from through-out the region and world. Location: The project location is at the 12th Avenue South terminus beach end. Please refer to Project Location Map found in Exhibit A below. 5. Estimated project start date: October 1,2021 6. Estimated project duration: 12 Months 7. Total TDC Tax Funds Requested: $200.000 Collier County Tourist Development Council 16A13 Category "A"Grant Application -Page 2 Naples Pier Annualized Repair and Maintenance (Project Title) 8. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes () No PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested $200.000 City/Taxing District Share $ _. State of Florida Share $ Federal Share $__ TOTAL $200.000 PROJECT EXPENSES: (Engineering,Mobilization, Contractor,Monitoring etc) Labor.Repair. Maintenance. Supplies. Materials $200.000 TOTAL $200.000 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. ., Dana A.Souza,Int.hm City Manager Date 16A13 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. ORGANIZATIONAL CAPACITY: The City ofNaples 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. ter:' !-' • �• • • "• '. /. Y:_, �!4 I.i ir ; ,t,..„. ... :4-". .,-. .,-- ,-. :---- -- ' - it 'F' 1.44 4: 4 * / . . - •, S, /ja r• - . •,v"I4 41.. y Y i • lir } 1. . t I. i.�it 1 • ' - • i 4.4104 •lifip:: 4, 1 'Ilra� i ,, 16Ai3 EXHIBIT"B" BUDGET—CITY OF NAPLES Naples Pier Repair and Maintenance $200,000.00 Beach Cleaning and Maintenance Staff Salaries $203,000.00 AGGREGATE TOTAL $403,000.00 (18-CZM-00284/1634518/1) U 16A13 EXHIBIT "C" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON _ TELEPHONE ( ) REQUEST PERIOD FROM TO REQUEST# ( )INTERIM REPORT ( ) FINAL REPORT TOTAL CONTRACT AMOUNT$ EXPENSE BUDGET REIMBURSEMENT REQUESTED TOTALS NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined hi 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 [19-CZM-00264/1634518/1)