Agenda 09/13/2022 Item #16D 2 (County/City of Naples Interlocal Agreement Beach Parking Facilities Amendment)09/13/2022
EXECUTIVE SUMMARY
Recommendation to approve Second Amendment to Interlocal Agreement between Collier County
and the City of Naples governing use of City of Naples beach parking facilities and park and
recreation programs extending the term to June 30, 2023, and revising the payment schedule to a
monthly basis based on $1.5M per year.
OBJECTIVE: To continue the Beach Parking and Recreation arrangement enjoyed by the City of Naples
and County while a level of service and fiscal analysis is conducted by the City regarding its beach
parking facilities and park and recreation programs.
CONSIDERATIONS: On November 18, 2008, Collier County and the City of Naples entered into an
Interlocal Agreement (“Interlocal”) allowing residents from the unincorporated Collier County to use and
enjoy all of the City’s parks, recreational facilities, and recreational programs on the same basis as those
afforded to City residents in exchange for an annual base payment of $1,000,00 (adjusted each fiscal year
by an adjustment factor). Payments have been made by the County no later March 31 and September 30
of each fiscal year as required by the Interlocal.
On November 14, 2017, Collier County and the City of Naples entered into an amendment to the
Interlocal extending the term to September 30, 2022, and increasing the payment to $1,500,000 for the
fiscal years within the extended term. Payments continued to be made by the County no later than March
31 and September 30 of each fiscal year.
On July 12, 2022, during a regular meeting of the Board of County Commissioners (Board), it was
recognized that the arrangement enjoyed by the City of Naples and County should continue while further
analysis and discussions are conducted.
In keeping with the Board’s discussion, the proposed Second Amendment was developed and extends the
term to June 30, 2023, providing nine (9) months for the City and County staff to develop a mutually
acceptable interlocal agreement for consideration by their respective governing bodies. This amendment
maintains the total annual payment of $1,500,000 but modifies the payment schedule to a monthly basis.
FISCAL IMPACT: No additional fiscal impact will result from the Board’s approval of the Second
Amendment. If the Second Amendment is approved, County is to remit nine (9) monthly payments equal
to $1,500,000/12 or $125,000 due the 25th of the following month. The first monthly payment under the
second amendment is November 25, 2022.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
LEGAL CONSIDERATIONS: This Agreement was prepared by the County Attorney, is approved as to
form and legality and requires majority vote for approval. -JAK
RECOMMENDATION: To approve Second Amendment to Interlocal Agreement between Collier
County and the City of Naples governing use of City beach parking facilities and park and recreation
programs extending the term to March 31, 2023.
Prepared By: Dan Rodriguez, Deputy County Manager
16.D.2
Packet Pg. 2367
09/13/2022
ATTACHMENT(S)
1. Second Amendment to Interlocal Agreement w/city re: Beach Parking - JAK v.1 8.26.22 (PDF)
2. City of Naples Beach Use Interlocal Agreement (PDF)
3. Recorded Interlocal Extension (PDF)
16.D.2
Packet Pg. 2368
09/13/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.2
Doc ID: 23259
Item Summary: Recommendation to approve Second Amendment to Interlocal Agreement
between Collier County and the City of Naples governing use of City of Naples beach parking facilities
and park and recreation programs extending the term to June 30, 2023, and revising the payment schedule
to a monthly basis based on $1.5M per year.
Meeting Date: 09/13/2022
Prepared by:
Title: – Facilities Management
Name: Paula Brethauer
09/07/2022 9:21 AM
Submitted by:
Title: Department Head – Public Services Department
Name: Tanya Williams
09/07/2022 9:21 AM
Approved By:
Review:
Facilities Management Jennifer Belpedio Manager - Real Property Completed 09/07/2022 10:26 AM
Public Services Department Todd Henry PSD Level 1 Reviewer Completed 09/07/2022 10:30 AM
Operations & Veteran Services Jeff Newman Additional Reviewer Completed 09/07/2022 10:51 AM
County Manager's Office Dan Rodriguez Additional Reviewer Completed 09/07/2022 11:36 AM
Public Services Department Tanya Williams PSD Department Head Review Completed 09/07/2022 11:21 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/07/2022 11:39 AM
Office of Management and Budget Laura Zautcke Level 3 OMB Gatekeeper Review Completed 09/07/2022 12:37 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 09/07/2022 1:03 PM
Office of Management and Budget Christopher Johnson Additional Reviewer Completed 09/07/2022 1:15 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 09/07/2022 3:12 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/13/2022 9:00 AM
16.D.2
Packet Pg. 2369
1
SECOND EXTENSION AND AMENDMENT TO INTERLOCAL AGREEMENT
BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES
REGARDING PARKS AND RECREATION
This Second Amendment to Interlocal Agreement is made and entered into this
_____________day of ___________________, 2022, by and between Collier County, a political
subdivision of the State of Florida (“COUNTY”) and the City of Naples, Florida, a Florida
municipal corporation (“CITY”).
RECITALS:
WHEREAS, on November 18, 2008, COUNTY and CITY entered into an Interlocal
Agreement (hereinafter referred to as the “Interlocal Agreement”) allowing residents from the
unincorporated Collier County to use and enjoy all of the CITY’s parks, recreational facilities, and
recreational programs on the same basis as those afforded to City residents in exchange for an
annual payment; and
WHEREAS, on December 1, 2017, COUNTY and the CITY entered into an amendment
to the Interlocal Agreement extending the term to September 30, 2022 and increasing the annual
payment; and
WHEREAS, the residents of Collier County and the City of Naples have benefitted from
the use of City parks, recreation, and beach parking facilities, and
WHEREAS, the parties wish to further extend and amend the Interlocal Agreement as set
forth below.
WITNESSETH:
NOW, THEREFORE, the COUNTY and CITY agree to amend the Interlocal as follows:
1. The recitals above are true, correct and incorporated herein.
2. The Interlocal Agreement, as previously amended, is hereby extended to June 30,
2023, with no renewal period.
3. Section 6 of the Interlocal Agreement is amended so that commencing October 1,
2022, County will make monthly payments of $125,000, with payment due the 25th of the
following month. The first monthly payment under the second amendment is accordingly due
November 25, 2022.
4. Except as modified by this Amendment, the Interlocal Agreement as previously
amended shall remain in full force and effect.
IN WITNESS HEREOF, the parties hereto have set their hands and seals the day and year
first written above.
16.D.2.a
Packet Pg. 2370 Attachment: Second Amendment to Interlocal Agreement w/city re: Beach Parking - JAK v.1 8.26.22 (23259 : City of Naples Beach Parking
2
CITY:
ATTEST: CITY OF NAPLES
________________________________ ________________________________
Patricia L. Rambosk, City Clerk Teresa Lee Heitmann, Mayor
Approved as to form and legality:
________________________________
Nancy A. Stuparich, City Attorney
COUNTY:
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA
__________________________ By: ____________________________________
, Deputy Clerk William. L. McDaniel, Jr., Chairman
Approved as to form and legality:
_______________________________
Jeffrey A. Klatzkow, County Attorney
16.D.2.a
Packet Pg. 2371 Attachment: Second Amendment to Interlocal Agreement w/city re: Beach Parking - JAK v.1 8.26.22 (23259 : City of Naples Beach Parking
16.D.2.b
Packet Pg. 2372 Attachment: City of Naples Beach Use Interlocal Agreement (23259 : City of Naples Beach Parking Amendment)
16.D.2.b
Packet Pg. 2373 Attachment: City of Naples Beach Use Interlocal Agreement (23259 : City of Naples Beach Parking Amendment)
16.D.2.b
Packet Pg. 2374 Attachment: City of Naples Beach Use Interlocal Agreement (23259 : City of Naples Beach Parking Amendment)
16.D.2.b
Packet Pg. 2375 Attachment: City of Naples Beach Use Interlocal Agreement (23259 : City of Naples Beach Parking Amendment)
INSTR 5484571 OR 5459 PG 277 I
RECORDED 12/18/2017 10:16 AM PAGES 5
DWIGHT E. BROCK. CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$44.00
AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY
AND THE CITY OF NAPLES REGARDING PARKS AND RECREATION
DATED THE 1ST DAY OF NOVEMBER, 2008
WHEREAS, Collier County and the City of Naples, Florida entered into an
Interlocal Agreement on November 1st, 2008, and
WHEREAS, residents of Collier County and the City of Naples have benefited
from the use of City parks, recreation, and beach parking facilities, and
WHEREAS, the parties desire to amend certain provisions of the Interlocal
Agreement.
WITNESSTH:
NOW, THEREFORE, the Parties agree to amend the Interlocal Agreement as
follows:
1. Section 2 is amended as follows:
This Agreement shall become effective as of October 1, 2008 December 1, 2017, and,
unless otherwise modified by written agreement, will end September 30, 2022. After the
t. t. -
Section 5 is amended as follows:
The payments (FY 2009 and FY 2010) to the City for FY 2018-19,
through F Y20-22 shall be $1,500,000 (one million, five-hundred thousand dollars) for
each fiscal year. _ _ --• - • _ _ e _ _ _-I, - -e -_ _ -- -- •- -_ - •.-
e.9,99f. _
September 30, 2008.
No beach stickers shall be sold or otherwise provided to non-Collier County residents by
Collier County or the City of Naples.
IN WITNESS HER4pFttlealarties hereto have set their hands and seals the day and
year first above w . .. Q;
Attest:
0til -- t
ri
5 Teles
r' I/167 `/
ricia L. Rambosk,Ci . - ""r
ett M- or ItYY
16.D.2.c
Packet Pg. 2376 Attachment: Recorded Interlocal Extension (23259 : City of Naples Beach Parking Amendment)
Approv d as to form and legality:
Robert D. Pritt, City Attorney
Atst7- Board of Commissioners
Collier Cou Florida
D ig t • . Brock, ClAttest as to Chairman's Penny Taylor, Cha' (-4
signature only
Approvedf s to form and legair y:
Jeffrey a latzkow
Count Attorney
16.D.2.c
Packet Pg. 2377 Attachment: Recorded Interlocal Extension (23259 : City of Naples Beach Parking Amendment)
INTERLOCAL AGREEMENT BETWEEN
COLLIER COUNTY AND THE CITY OF NAPLES
REGARDING PARKS AND RECREATION
THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into as of this
i'%•V\,,,, day of 2008, by and between Collier County, Florida("County")
and the City of Naples,Florida("City"),
RECITALS:
WHEREAS, residents from the unincorporated areas of'Collier County currently enjoy
recreating within facilities owned and operated by the City of Naples, including but not limited
to, Fleischman Park and beach areas and related parking areas within the City of Naples;and
a WHEREAS, the parties have over the years entered into separate interlocal agreements
concerning the City's Parks and Recreational areas, including but not limited to an Interlocal
tt Agreement for City-County Beach Parking, recorded at OR Book 3563, Pg 1889, whichaOa
Pg
p agreement expired September 8, 2008; and
cx,
2 UZI WHEREAS, Collier County and the City wish to enter into a long term agreement which
r r would allow residents from unincorporated Collier County to use and enjoy all of the City's
c)
Parks, Recreational facilities and Recreational Programs, on the same basis as those afforded to
Le-)
Q City residents; and
441 N G
D WHEREAS, the City is willing to allow the use of all of its Parks,Recreational Facilities
and Recreational Programs to residents of unincorporated Collier County on the same terms and
conditions as those afforded to residents of the City in exchange for an annual payment by the
a County in the sum of S1,000,000, as adjusted in the manner set forth below,
PC
WITNESSETH:
IM V
N a NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good andG. lad
E I" valuable consideration exchanged amongst the parties, and in consideration of the covenants
contained herein, the parties agree as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
1
16.D.2.c
Packet Pg. 2378 Attachment: Recorded Interlocal Extension (23259 : City of Naples Beach Parking Amendment)
OR: 4409 PG: 3952
2. This Agreement shall become effective as of October 1, 2008, and, unless
otherwise modified by written agreement, will end September 30, 2018. After the third year,
either party may terminate this Agreement by written notice to the other, at least 180 days prior
to the end of each fiscal year.
3. County residents shall be afforded the same rights and privileges as those granted
to City residents to utilize all City Parks, Recreational facilities, and Recreational Programs, and
shall pay the same fees and have access to the same parking as City residents.
4. With respect to beach access;
A. The City and the County hereby continue their established reciprocal
beach parking program whereby all residents of Collier County may obtain a
beach parking sticker valid for free parking at any County or City beach parking
location.
B. The City will operate a beach patrol and maintenance program within the
City to provide for beach and beach parking regulation enforcement, beach and
beach parking cleanup, and beach and beach parking maintenance.
C. For the term of this Agreement the City agrees to provide at Ieast 1048
parking spaces located at street beach ends or City Beach Parks that will be
available for vehicles of County residents with valid beach parking stickers.
These spaces may be metered, restricted for permit parking, or handicapped
parking spaces as determined by the City. All spaces regardless of designation
will be made equally available at no cost to City and County residents.
5. The first and second year payments (FY 2009 and FY 2010) to the City shall be
1,000,000 (one million dollars) for each fiscal year. Commencing October 1, 2010, and each
fiscal year thereafter, this payment will be adjusted, upward or downward, by multiplying the
1,000,000 base payment by an adjustment factor. The adjustment factor will be the ratio of ad
valorem taxes paid to the County's General Fund by property owners located within the City in
the fiscal year just ended, divided by the ratio of ad valorem taxes paid to the County's General
Fund by property owners located within the City during the fiscal year ending September 30,
2008.
6. A $500,000 payment due shall be paid to the City not later than March 31 of each
fiscal year. The remainder of the annual payment shall be paid not later than September 30 of
2
16.D.2.c
Packet Pg. 2379 Attachment: Recorded Interlocal Extension (23259 : City of Naples Beach Parking Amendment)
OR: 4409 PG: 3953 ***
each fiscal year; this remainder payment shall be computed using the ratio identified in Section 5
above.
7. All notices required under this Agreement shall be directed to the following
offices;
For the County:Office of the County Manager
3301 East Tamiami Trail
Naples,Florida 34112
For the City: Office of the City Manager
735 Eighth Street South
Naples, Florida 34102
8. With respect to the subject natter herein, this Agreement is the entire agreement
between the parties, superseding all previous oral and written representations, understandings,
and agreements between the parties. This Agreement can only be changed by a writing signed
by both parties. The County shall record this Agreement at its sole cost in the Public Records of
Collier County.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
ATTEST: CITY OF NAPL
ar Norman,City Cler .)(
a) By: 411101'.
BILL BARNETT, MAYOR
ATTEST: BOARD OF COMMISSIONERS
DWINQR' 2::BT QCK, Clerk COLLIER COUNT FLORIDA
Aunt t3,,to !!'of Clerk TOM H NNING, CH: ' AN
sigisturit 004.! Date
Appr=:: e =• to form Approved as to form and
and l=i a . +;ci-' • legal sufficiency:
Jeffrey t . I atzkow Robert D. t,City ttorney
County Att, ey
Date i t 3
16.D.2.c
Packet Pg. 2380 Attachment: Recorded Interlocal Extension (23259 : City of Naples Beach Parking Amendment)