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Backup Documents 02/14/2023 Item #11D ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 1 0 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 CM&- a (5 CMG 4. BCC Office Board of County Commissioners AL bt, rf.SI 2/i / 3 5. Minutes and Records Clerk of Court's Office 9/4 //423 /2:457F 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—GMD—Capital Project Phone Number 239.252.2922 Contact/ Department Planning, Impact Fees and Program Management Agenda Date Item was 02/14/2023 Agenda Item Number 11.D. Approved by the BCC Type of Document Grant Funding Agreement between Collier Number of Original Attached County and the City of Marco Island 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 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. Y2 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's FEB 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 02/14/2023 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. this line. 9. Initials of attorney verifying that the attached document is the version approved by the FEB N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the 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 1 1 D MEMORANDUM Date: February 17, 2023 To: Andrew Miller, Coastal Management Program Manager Capital Project Planning/Impact Fees/Prog Mgmt From: Martha Vergara, Senior Deputy Clerk Minutes and Records Department Re: Grant Funding Agreement between Collier County and the City of Marco Island 2022-2023 Tourist Development Tax Grant Funding Agreement Attached is a scanned copy of the document referenced above, (Item #11D) approved by the Board of County Commissioners on Tuesday, February 14, 2023. Please return the fully executed original to the Board's Minutes and Records Department for the Board's Official Records. If you have any questions, please contact me at 252-7240. Thank you. Attachment 1 D 2022-2023 TOURIST DEVELOPMENT TAX GRANT FUNDING AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF MARCO ISLAND CATEGORY"A"CITY OF MARCO ISLAND PROJECT 2023 THIS AGREEMENT is made and entered into this `�' day of �4brvar�( > by and between the City of Marco Island, ("GRANTEE") and Collier County, a political subdivision of the State of Florida, ("COUNTY/GRANTOR"). RECITALS: WHEREAS, the City of Marco Island has submitted a request for Tourist Development Tax Funds in the aggregate amount of Nine Hundred Twenty-One Thousand Four Hundred Dollars ($921,400) for the City of Marco Island 2022 Tigertail Lagoon/Sand Dollar Island Ecosystem Restoration Project for fiscal year 2022-2023 as described in Exhibit "A," City Request,to this Agreement(the"Project"); and WHEREAS, the Coastal Advisory Committee and the Tourist Development Council have reviewed the City of Marco Island's request 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 Project 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 requests outlining the Project to be accomplished,along with a project budget, as set forth in their request, Change Order#1 (25,000 cubic yards of sand @$10.84/c.y.($271,000)) and Change Order#2 (60,000 cubic yards of sand @ $10.84/c.y..($650,400)), attached as Exhibit "A." GRANTEE shall provide the project activities outlined in their request within the budgeted amounts provided in Change Order#1 and Cc 1 D Change Order #2 for a total of $921,400. GRANTEE shall not be reimbursed for any expenditures not included in the request nor be reimbursed for amounts in excess of those provided in the request 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 Nine Hundred Twenty-One Thousand Four Hundred Dollars($921,400). 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. 2.3 GRANTEE shall be paid for its actual cost not to exceed the maximum amount budgeted pursuant to the attached Exhibit"B." [23-TDC-00252/1764498/1) 2 C4r 1 1 D 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 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 [23-TDC-0025211764498/1) 3 1 1 D 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 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: Michael McNees City of Marco Island 50 Bald Eagle Drive Marco Island,FL 34145 mmcnees@cityofmarcoisland.com [23-TDC-00252/1764498/I] 4 CAC, 1 1 D 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.M iller@col liercountyfl.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. 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 expiration of three (3) years after final payment under this Agreement, have access to, and the [23-TDC-0 02 52/1 76 4 49 811] 5 CAC 1 1 D 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 • I j this Agreement,and at its sole discretion,reduce or eliminate funding under this Agreement. 14. CITY OF MARCO REIMBURSEMENT. GRANTEE agrees that if Project receives any eligible grant funding or reimbursement from any government agency,i.e. FEMA or FDEP, that GRANTEE will reimburse COUNTY based on the funding received for portions of the Project funded by the Tourist Development Tax. 15. PROIIIBITION 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. 16. TERM. This Agreement shall become effective on February 14, 2023 and shall remain lj effective until sixty (60) days after completion of the Project described in Exhibit "A", but no Iaer than February 14,2024. 17. 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. 18. 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 15, TERM. Any request for additional tourist development tax funding requires a recommendation by the Tourist Development Council prior to BCC review. [23 TDC-00252/1764498/I] 6 .iA6 i 1 0 ± 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. '. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY,FLORIDA CRYSTAL Itii zel,610 ./ V_/ ---_ 3 P. : i.10 �:. 'limos% By:asc ... to ,O'� Irk LoCastro, Chairman ',provved a�to�forrm & flML Managing Assistant County Attorney TIITT CITY ARC I r By: ' I. kj .y pA ? i„EZ. ,City Clerk Greg olley,Chairman,City Councra Appr ved as to form and legal su'ficiencyj j City Attorney 123 TDC-Oo252/1764498/I] 7 I1D EXHIBIT A 1 1 D City of Marco Island „, January 3, 2022 Andrew Miller, P.E. Coastal Zone Manager Collier County 2685 South Horseshoe Drive Unit 103 Naples, FL 34104 Dear Mr. Miller, As a follow up to the City of Marco Island's presentation at the December 8, 2022 Coastal Advisory Committee meeting, this letter and attachment provide the City's request for supplemental funding for the Tigertail Lagoon/Sand Dollar Island Ecosystem Restoration Project at the January 12, 2023 CAC meeting. Please include this letter and the attached documentation with the CAC agenda item. Although the City was able to fully fund the$3,306,187.50 project at the time,the impacts from Hurricane Ian resulted in additional costs for which the City is requesting supplemental funding assistance from the County in the amount of$921,400. The supplemental funding will be used to fund a change order for 85,000 cubic yards of sand from the permitted offshore borrow area at a cost of $10.84/cu yd and to place this sand on Sand Dollar Island.This sand will address Hurricane Ian's impact on the project area and allow completion of the berm on Sand Dollar Island as designed.The berm will provide storm protection for the newly reopened waterway connecting the southern lagoon by the County Park with the northern lagoon/gulf entrance that enhances tidal flow and water quality and lagoon recreation for the public. It also protects the Critical Wildlife Area that is one of the main attractions of the County Park. Finally, this berm also restores a section of Sand Dollar Island shoreline within the County Park with dry recreational beach for the public and maintains public access to Sand Dollar Island. This request for supplemental funding enables the City to complete this project.After Hurricane Ian, it would be extremely unfortunate not to do this when the resources could be made available,a contractor is on site, and a very favorable rate has been extended. Failure to act now will require future remedial action much more quickly than projected and at a far higher future cost.The only other alternative is to let Tigertail Lagoon at the County Park become a stagnant pond which no one should be advocating.We hope that you and the CAC will provide a positive recommendation for the requested funding. Sincerely, Justin Martin, P.E. Director, Public Works Attachments Cc: Michael McNees, City Manager, City of Marco Island Rick LoCastro, Commissioner, Collier County Board of Commissioners Erik Brechnitz, Councilman, Marco Island City Council Linda Ryan, Chair, Hideaway Beach Tax District 50 Bald Eagle Drive,Marco Island,Florida 34145 Tel:(239) 389-5000 www.ciiyrofmarcoisland.com I lI D EXHIBIT E CHANGE ORDER NO. 1 2022 Tigertail Lagoon/Sand Dollar Island Ecosystem Restoration Project Contract#2022-022 TO: FROM: Ahtna Marine&Construction Co. City of Marco Island 2125 E. Atlantic Blvd Suite A 50 Bald Eagle Drive Pompano Beach, FL 33062 Marco Island, FL 34145 Project:2022 Tigertail Lagoon/Sand Dollar Island Ecosystem Restoration Project CITY COUNCIL CHANGE ORDER APPROVAL Agenda Item:Approved on January 23, 2023 Change Order No.1 Construction Agreement Date: September 19, 2022 Bid No.2022-022 Change Order Description:This Change Order No. i serves to: vw area.This change order authorizes items 1 (mobilization)and 2(base volume)for$315,780.00 per proposal from Ahtna Marine& Construction Co.dated 12/15/2022(see Exhibit"A"). Contract contingency of $157,437.50 (see Exhibit "B") will be used towards a portion of the costs.Therefore this change order amount is$158,342.50($315,780.00 less$157,437.50). dd additional 30 calendar days to the project. Original Agreement Amount: $3,306,187.50 Sum of Previous Change Orders Amount: $0 This Change Order No. 1 Amount[Increase]: $158,342.50 Revised Agreement Amount: $0.464.530.00 Original Contract Time In calendar days: 150 (to final completion) Adjusted number of calendar days due to previous change orders: n/a This Change Order adjusted time is:30 REVISED CONTRACTTIME IN CALENDAR DAYS: 180 Original Notice to Proceed Date: 10-10-2022 Substantial Completion date based on original contract time:03-01-2022 Revised Substantial Completion Date Due To Change Order(s): 04-01-2022 Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in said Agreement Indicated above, as fully as if the same were repeated in this acceptance.The time and monetary adjustment to this Agreement shall constitute a full and final settlement of any and all claims arising out of or related to changes set forth herein including claims for schedule impacts,material/labor costs and delay costs. CONSENT OF SURETY TO CHANGE ORDER.The Surety agrees that this change order Is nota cardinal change and if the Change Order Includes an increase in the Contract amount, then the penal amount of the payment and performance bond Issued for this Contract is increased by the dollar amount of this Change Order. 1 1 D Project:2022 Tigertall Lagoon/Sand Dollar Island Ecosystem Restoration Project Change Order No.#1 Submitted by: Date:V Z 4/23 Justin 1`'lartln, Pit. Public Works Director Cit'of Marco island , Accepted by: _ Date: L Z CO'2UZ •J Anthony Cavo, nerat Manager Ahtna Marine&Construction Co. Date:a13 '`--- Authorized by: ,_}` GuillermolP0fanco,Finance Director City of Marco Nand Authorized by: l I • U Date: ?,2, _� Michael A. McNees,City Manager City of Marco Island I-2723 If D Exhibit"A" Alitna Marine&Construction Co. 12/15/2022 Lina Upham Purchasing and Risk Manager Deputy City Clerk City of Marco Island 50 Bald Eagle Dr. Marco Island,FL 34145 Subject: 2022 Tigertail Lagoon/Sand Dollar Island Ecosystem Restoration Change Order 1 Contract No.1TB#2022-022 Dear Ms. Upham, Please find attached Change Order No. 1 associated with Contract No. ITB# 2022-022 Tigertail Lagoon/Sand Dollar Island Ecosystem Restoration Project. Change Order No.1 is for Ahtna Marine 8. Construction Co., to conduct additional work consisting of offshore dredging and sand placement on Sand Dollar Island as requested by the City of Marco Island. The pricing for the offshore dredging and sand placement is broken down into a base volume as well as an additional volume of dredging and sand placement. Offshore Borrow Area Dredging and Sand Placement on Sand Dollar Island Estimated Unit Item Item Description quantity Unit Con Extended Cost V 1 Mobilization to offshore Job Lump 44,7s0 borrow area Sum 2 Base Volume 25,000 CY 10.84 $ 271,000 3 Additional Volume 60,E j CY 10.84 $ 650,400 Subtotal for Mobilization and base volume $ 315,780 Total Cost Items 1 through 3 .—$ 966,180 Notes: • Minimum quantity of 25,000 cubic yards to be dredged • Mobilization to include additional pipe,sinking of the pipe support boat, booster and dredge relocation to the offshore borrow area. • Pricing is based on 10,500 LF of dredge discharge pipe from the offshore borrow area to the beach fill area 1 1 D The following items have been excluded from this change order • Dredging of compacted materials,rock,or other hard materials • Dredging of trash,debris,or like materials • Engineering or Permitting • Removal of hazardous materials • Any unknown or unforeseen obstructions that may interfere with dredging operations • No Fuel credits or assumptions This pricing is valid for 45 days unless agreed upon by both parties to extend.This change orderis based upon availability of AMCC equipment and personnel at the time of intent to commence the work. Thank you for your time and consideration of Change Order No. 1 Please do not hesitate to contact me with any questions. 9,....ipor... Jennifer Project Manager Ahtna Marine&Construction Co. 1 1 D EXHIBIT"B" BUDGET—CITY OF MARCO ISLAND 2022 Tigertail Lagoon/ Sand Dollar Island Ecosystem Restoration Project Change Order#1 (25,000 cubic yards of sand @$10.84/c.y.) $271,000 Change Order#2(60,000 cubic yards of sand @$10.841c.y.) $650,400 AGGREGATE TOTAL $921,400 1 Cgs [23-TDC-00252/1764496/1] 1 1 D EXHIBIT"C" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE( ) REQUEST PERIOD FROM TO REQUEST# __-_-- ( )INTERIM REPORT ( )FINAL REPORT TOTAL CONTRACT AMOUNT$ EXPENSE BUDGET REIMBURSEMENT REQUESTED i 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 1 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 [23-T1x-002 5211 7 64 4 98/1] D Martha S. Vergara From: TurnerFarron <Farron.Turner@colliercountyfl.gov> Sent: Thursday, June 29, 2023 10:53 AM To: Minutes and Records Subject: FW: Marco interlocal for Tigertail Dredge Attachments: Interlolal TDT Grant Funding Agreement - Tigertail Lagoon Sandollar Island Ecosystem Restoration Project.pdf; Grant Funding Agreement Between Collier County and City of Marco Island.pdf Follow Up Flag: Follow up Flag Status: Completed Good Morning, Minutes & Records :) Please see attached SIGNED agreement between the City of Marco Island and Collier County in relation to item 11.D. that was presented at the 2/14/2023 BCC meeting (original item attached for reference). Please let me know if you have any questions. As always, thank you! Warmest Regards, Farron Turner Management Analyst I Co�er County We are committed to your success! Transportation Management Services Department Capital Project Planning, Impact Fees & Program Management Division Coastal Zone Management Section Farron.Turner©colliercountvfl.gov 2685 South Horseshoe Drive, Unit 103 Naples, FL 34104 Office: 239.252.2966 From:Guillermo Polanco <gpolanco@cityofmarcoisland.com> Sent:Thursday,June 29, 2023 10:46 AM To:TurnerFarron <Farron.Turner@colliercountyfl.gov> Cc: MillerAndrew<Andrew.Miller@colliercountyfl.gov> Subject: RE: Marco interlocal for Tigertail Dredge 1 1 1 D EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Mr.Turner, Attached is the signed agreement. I'll be submitting the reimbursement form along with the supporting invoice(s) shortly. Thanks, Gil From:TurnerFarron <Farron.Turner@colliercountyfl.gov> Sent:Thursday,June 29, 2023 8:34 AM To: Guillermo Polanco<gpolanco@cityofmarcoisland.com> Cc: MillerAndrew<Andrew.Miller@colliercountyfl.gov> Subject: FW: Marco interlocal for Tigertail Dredge This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good Morning, Gill — I am writing to confirm that you received the email below and curious of the timeframe for the signed copy of the agreement. Please advise. Warmest Regards, Farron Turner Management Analyst I 9?4rntY We are committed to your success! Transportation Management Services Department Capital Project Planning, Impact Fees & Program Management Division Coastal Zone Management Section Farron.Turner@colliercountyfl.gov 2685 South Horseshoe Drive, Unit 103 Naples, FL 34104 Office: 239.252.2966 From:TurnerFarron <Farron.Turner@colliercountyfl.gov> Sent: Wednesday,June 21, 2023 1:28 PM 2 To:gpolanco@cityofmarcoisland.com 1 1 D Cc: MillerAndrew<Andrew.Miller@colliercountyfl.gov> Subject: RE: Marco interlocal for Tigertail Dredge Hi Gill — My apologies for not getting the attached document over to you sooner. At your convenience, can you please sign page 7 and send back to us. We will then record the agreement with Records. Part 4 of the agreement discusses Payment Requests. If you would like to follow the instructions and send the completed forms (with backup) to BCCAPCLERK@ ICollierClerk.com, they will process the request. If you can prioritize the signature on page 7, that will help ensure there are no holdups with the Payment Request. Please let us know if you have further questions. Have a great day! Warmest Regards, Farron Turner Management Analyst I Co�er County We are committed to your success! Transportation Management Services Department Capital Project Planning, Impact Fees & Program Management Division Coastal Zone Management Section Farron.Turner©colliercountyfl.gov 2685 South Horseshoe Drive, Unit 103 Naples, FL 34104 Office: 239.252.2966 From: MillerAndrew<Andrew.Miller@colliercountyfl.gov> Sent:Wednesday,June 21, 2023 12:29 PM To:gpolanco@cityofmarcoisland.com Cc:TurnerFarron<Farron.Turner@colliercountyfl.Rov> Subject: Marco interlocal for Tigertail Dredge Hello Gill, 3 1 1 D Please work with Farron regarding the interlocal for Tigertail. Farron Turner 239-252-2966 Thank you, Andy Miller, P.E. Manager (239)-252-2922 Collier County Transportation Management Services Department Coastal Zone Management Section 2685 South Horseshoe Drive, Unit 103 Naples, Florida 34104 Andrew.Miller@colliercountvfl.gov Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 4 110 MEMORANDUM Date: February 17, 2023 To: Andrew Miller, Coastal Management Program Manager Capital Project Planning/Impact Fees/Prog Mgmt From: Martha Vergara, Senior Deputy Clerk Minutes and Records Department Re: Grant Funding Agreement between Collier County and the City of Marco Island 2022-2023 Tourist Development Tax Grant Funding Agreement Attached is a scanned copy of the document referenced above, (Item #11D) approved by the Board of County Commissioners on Tuesday, February 14, 2023. Please return the fully executed original to the Board's Minutes and Records Department for the Board's Official Records. If you have any questions, please contact me at 252-7240. Thank you. Attachment 1 10 2022-2023 TOURIST DEVELOPMENT TAX GRANT FUNDING AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF MARCO ISLAND CATEGORY"A" CITY OF MARCO ISLAND PROJECT THIS AGREEMENT is made and entered into this le day of Febrva4fy _ , 2023, by and between the City of Marco Island, ("GRANTEE") and Collier County, a political subdivision of the State of Florida, ("COUNTY/GRANTOR"). RECITALS: WHEREAS, the City of Marco Island has submitted a request for Tourist Development Tax Funds in the aggregate amount of Nine Hundred Twenty-One Thousand Four Hundred Dollars ($921,400) for the City of Marco Island 2022 Tigertail Lagoon/Sand Dollar Island Ecosystem Restoration Project for fiscal year 2022-2023 as described in Exhibit "A," City Request, to this Agreement(the "Project"); and WHEREAS, the Coastal Advisory Committee and the Tourist Development Council have reviewed the City of Marco Island's request 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 Project 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 requests outlining the Project to be accomplished, along with a project budget, as set forth in their request, Change Order#1 (25,000 cubic yards of sand @$10.84/c.y.($271,000)) and Change Order#2 (60,000 cubic yards of sand @ $10.84/c.y..($650,400)), attached as Exhibit "A." GRANTEE shall provide the project activities outlined in their request within the budgeted amounts provided in Change Order#1 and cC 1 1 D { Change Order #2 for a total of $921,400. GRANTEE shall not be reimbursed for any expenditures not included in the request nor be reimbursed for amounts in excess of those provided in the request 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 Nine Hundred Twenty-One Thousand Four Hundred Dollars($921,400). 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. 2.3 GRANTEE shall be paid for its actual cost not to exceed the maximum amount budgeted pursuant to the attached Exhibit "B." [23-TDC-00252/1764498/1J 2 10 3. ELIGIBLE EXPENDITURES. Only eligible expenditures described in Proposals will be paid by COUNTY. Any expenditures paid by COUNTY which arc later deemed to he ineligible expenditures shall he 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 arc 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 he 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 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 r'� 123-Trx-00252/17G4d981i J 3 C/,� 1 in 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 I ' 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. 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: Michael McNees City of Marco Island 50 Bald Eagle Drive Marco Island,FL 34145 mmcnees@cityofmarcoisland.com ,r [23-TDC-00252/1764498/11 4 CAS` 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. 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 expiration of three (3) years after final payment under this Agreement, have access to, and the [23-TDC-00252/1764498/I] 5 /CAC 110 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. CITY OF MARCO REIMBURSEMENT. GRANTEE agrees that if Project receives any eligible grant funding or reimbursement from any government agency, i.e. FEMA or FDEP, that GRANTEE will reimburse COUNTY based on the funding received for portions of the Project funded by the Tourist Development Tax. 15. 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. 16. TERM. This Agreement shall become effective on February 14, 2023 and shall remain effective until sixty (60) days after completion of the Project described in Exhibit "A", but no later than February 14,2024. 17. 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. 18, 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 15, TERM. Any request for additional tourist development tax funding requires a recommendation by the Tourist Development Council prior to BCC review. [23-Tf)C-00252/1764498/1] 6 CAd 110 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. 9 BOARD OF COUNTY COMMISSIONERS ATTEST: + COLLIER COUNTY, FLORIDA CRYSTAL I(inzel,qa _--14t...„, . il, • I.1.1! . ..,..ter. ►/ir % By: g :St dS to, t,+ II& Rick LoCastro, Chairman A'proved arto form : , alit (.fr )1Y1 Co een M. Greene Managing Assistant County Attorney ATTEST: CITY O ARC ... :::. . . . . . . n 4.2el t _ �� By: n Michael J. Sheffield, City Clerk reg Fol ey,Chairman, City Counc;I:. Ap oved as to form and 1 le al f icien : City Attorney, Alan L. Gabriel AO 123 -00252/1764498/1] 7=rMC: Rio EXHIBIT A t City of Marco Island t.te• January 3, 2022 Andrew Miller, P.E. Coastal Zone Manager Collier County 2685 South Horseshoe Drive Unit 103 Naples, FL 34104 Dear Mr. Miller, As a follow up to the City of Marco Island's presentation at the December 8, 2022 Coastal Advisory Committee meeting, this letter and attachment provide the City's request for supplemental funding for the Tigertail Lagoon/Sand Dollar Island Ecosystem Restoration Project at the January 12, 2023 CAC meeting. Please include this letter and the attached documentation with the CAC agenda item. Although the City was able to fully fund the $3,306,187.50 project at the time, the impacts from Hurricane Ian resulted in additional costs for which the City is requesting supplemental funding assistance from the County in the amount of$921,400. The supplemental funding will be used to fund a change order for 85,000 cubic yards of sand from the permitted offshore borrow area at a cost of $10.84/cu yd and to place this sand on Sand Dollar Island. This sand will address Hurricane Ian's impact on the project area and allow completion of the berm on Sand Dollar Island as designed. The berm will provide storm protection for the newly reopened waterway connecting the southern lagoon by the County Park with the northern lagoon/gulf entrance that enhances tidal flow and water quality and lagoon recreation for the public. It also protects the Critical Wildlife Area that is one of the main attractions of the County Park. Finally, this berm also restores a section of Sand Dollar Island shoreline within the County Park with dry recreational beach for the public and maintains public access to Sand Dollar Island. This request for supplemental funding enables the City to complete this project. After Hurricane Ian, it would be extremely unfortunate not to do this when the resources could be made available, a contractor is on site, and a very favorable rate has been extended. Failure to act now will require future remedial action much more quickly than projected and at a far higher future cost. The only other alternative is to let Tigertail Lagoon at the County Park become a stagnant pond which no one should be advocating. We hope that you and the CAC will provide a positive recommendation for the requested funding. Sincerely, CJustin Martin, P.E. Director, Public Works Attachments Cc: Michael McNees, City Manager, City of Marco Island Rick LoCastro, Commissioner, Collier County Board of Commissioners Erik Brechnitz, Councilman, Marco Island City Council Linda Ryan, Chair, Hideaway Beach Tax District 50 Bald Eagle Drive, Marco Island, Florida 34145 Tel: (239) 389-5000 ww•w.cii oli iarcoisland.coni 110 EXHIBIT E CHANGE ORDER NO. 1 2022 Tigertail Lagoon/Sand Dollar Island Ecosystem Restoration Project Contract#2022-022 TO: FROM: Ahtna Marine&Construction Co. City of Marco Island 2125 E. Atlantic Blvd Suite A 50 Bald Eagle Drive Pompano Beach, FL 33062 Marco Island, FL 34145 Project: 2022 Tigertail Lagoon/Sand Dollar Island Ecosystem Restoration Project CITY COUNCIL CHANGE ORDER APPROVAL Agenda Item: Approved on January 23, 2023 Change Order No.1 Construction Agreement Date: September 19, 2022 Bid No. 2022-022 Change Order_Description: This Change Order No. 1 serves to: ide ar onal sand ph ;lent f the offsh borrow area. This change order authorizes items 1 (mobilization) and 2 (base volume) for $315,780.00 per proposal from Ahtna Marine & Construction Co. dated 12/15/2022 (see Exhibit "A"). Contract contingency of $157,437.50 (see Exhibit "B") will be used towards a portion of the costs. Therefore this change order amount is $158,342.50 ($315,780.00 less $157,437.50). Add ad:' onal 30 calendar days to the project Original Agreement Amount: $3,306,187.50 Sum of Previous Change Orders Amount: $0 This Change Order No. 1 Amount [Increase]: $158,342.50 Revised Agreement Amount: $3.464.530.00 Original Contract Time in calendar days: 150 (to final completion) Adjusted number of calendar days due to previous change orders: n/a This Change Order adjusted time is: 30 REVISED CONTRACTTIME IN CALENDAR DAYS: 180 Original Notice to Proceed Date: 10-10-2022 Substantial Completion date based on original contract time: 03-01-2022 Revised Substantial Completion Date Due To Change Order(s): 04-01-2022 Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in said Agreement indicated above, as fully as if the same were repeated in this acceptance. The time and monetary adjustment to this Agreement shall constitute a full and final settlement of any and all claims arising out of or related to changes set forth herein including daims for schedule impacts, material/labor costs and delay costs. CONSENT OF SURETY TO CHANGE ORDER.The Surety agrees that this change order is not a cardinal change and if the Change Order Includes an increase in the Contract amount, then the penal amount of the payment and performance bond issued for this Contract is increased by the dollar amount of this Change Order. 110 Project: 2022 Tigertall Lagoon/Sand Dollar Island Ecosystem Restoration Project Change Order No. #1 Submitted by: \ _ 40� ,V.� --- Date:.V?6/23 Justip-Martin, P . Public Works Director Cit'of Marcpisland • c, Accepted by: —__-- l _—_ Date: i—2(o:2VZ 3 Anthony Cavo, General anager Ahtna Marine& ction Co. Authorized by: _-- Date:_a g5 Guillermo anco, Finance Director City of Marco(Island /� Authorized by: IlL 4AG. Date: IR2-2) Michael A. McNees, City Manager City of Marco Island 1 .Z 7 23 I10 Exhibit "A" Marine&Construction Co. 12/15/2022 Lina Upham Purchasing and Risk Manager Deputy City Clerk City of Marco Island 50 Bald Eagle Dr. Marco Island, FL 34145 Subject: 2022 Tigertail Lagoon/Sand Dollar Island Ecosystem Restoration Change Order 1 Contract No. ITB#2022-022 Dear Ms. Upham, Please find attached Change Order No. 1 associated with Contract No. ITB# 2022-022 Tigertail Lagoon/Sand Dollar Island Ecosystem Restoration Project. Change Order No. 1 is for Ahtna Marine & Construction Co., to conduct additional work consisting of offshore dredging and sand placement on Sand Dollar Island as requested by the City of Marco Island. The pricing for the offshore dredging and sand placement is broken down into a base volume as well as an additional volume of dredging and sand placement. Offshore Borrow Area Dredging and Sand Placement on Sand Dollar Island Item Item Description Estimated Unit Unit Extended Cost I Quantity Cost Mobilization to offshore 1 Job Lump $ 44,780 borrow area Sum 2 Base Volume 25,000 CY 10.84 $ 271,000 3 Additional Volume 60,000 CY 10.84 $ 650,400 Subtotal for Mobilization and base volume $ 315,780 Total Cost Items 1 through 3 $ 966,180 Notes: • Minimum quantity of 25,000 cubic yards to be dredged • Mobilization to include additional pipe,sinking of the pipe support boat, booster and dredge relocation to the offshore borrow area. • Pricing is based on 10,500 LF of dredge discharge pipe from the offshore borrow area to the beach fill area I 1 0 The following items have been excluded from this change order • Dredging of compacted materials,rock,or other hard materials • Dredging of trash,debris, or like materials • Engineering or Permitting • Removal of hazardous materials • Any unknown or unforeseen obstructions that may interfere with dredging operations • No Fuel credits or assumptions This pricing is valid for 45 days unless agreed upon by both parties to extend.This change orderis based upon availability of AMCC equipment and personnel at the time of intent to commence the work. Thank you for your time and consideration of Change Order No. 1 Please do not hesitate to contact me with any questions. 940+1140._ Jennifer Bistyga Project Manager Ahtna Marine &Construction Co. 1 I U EXHIBIT"B" BUDGET—CITY OF MARCO ISLAND 2022 Tigertail Lagoon/ Sand Dollar Island Ecosystem Restoration Project Change Order#1 (25,000 cubic yards of sand @$10.84/c.y.) $271,000 Change Order#2(60,000 cubic yards of sand @$10.84/c.y.) $650,400 AGGREGATE TOTAL $921,400 Cis ] ' [23-TDC-0 02 52/1 7 64 4 9811] 110 EXHIBIT "C" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE ( ) REQUEST PERIOD FROM TO REQUEST# ( ) INTERIM REPORT () FINAL REPORT TOTAL CONTRACT AMOUNT$ EXPENSE BUDGET REIMBURSEMENT REQUESTED TOTALS NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined 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 [23-TDC-00252/1764498/1] ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 1 Q 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. .111 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 41 throueh#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 2. 3. County Attorney Office County Attorney Office 016 Cmis a is a5 4. BCC Office Board of County Commissioners ,AL , nJ)/5j 2//4/23 5. Minutes and Records Clerk of Court's Office 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- GMD- Capital Project Phone Number 239.252.2922 Contact/ Department Planning, Impact Fees and Program Management Agenda Date Item was 02/14/2023 Agenda Item Number 1 l.D. Approved by the BCC Type of Document Grant Funding Agreement between Collier Number of Original 1 Attached County and the City of Marco Island 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 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. f 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's FEB 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 02/14/2023 and all changes made during FEB the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the FEB BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. 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 1 10 MEMORANDUM Date: February 17, 2023 To: Andrew Miller, Coastal Management Program Manager Capital Project Planning/Impact Fees/Prog Mgmt From: Martha Vergara, Senior Deputy Clerk Minutes and Records Department Re: Grant Funding Agreement between Collier County and the City of Marco Island 2022-2023 Tourist Development Tax Grant Funding Agreement Attached is a scanned copy of the document referenced above, (Item #11D) approved by the Board of County Commissioners on Tuesday, February 14, 2023. Please return the fully executed original to the Board's Minutes and Records Department for the Board's Official Records. If you have any questions, please contact me at 252-7240. Thank you. Attachment 110 2022-2023 TOURIST DEVELOPMENT TAX GRANT FUNDING AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF MARCO ISLAND CATEGORY "A" CITY OF MARCO ISLAND PROJECT THIS AGREEMENT is made and entered into this 14t day of FGbrv4r 2023, by and between the City of Marco Island, ("GRANTEE") and Collier County,t a political subdivision of the State of Florida, ("COUNTY/GRANTOR"). RECITALS: WHEREAS, the City of Marco Island has submitted a request for Tourist Development Tax Funds in the aggregate amount of Nine Hundred Twenty-One Thousand Four Hundred Dollars ($921,400) for the City of Marco Island 2022 Tigertail Lagoon/Sand Dollar Island Ecosystem Restoration Project for fiscal year 2022-2023 as described in Exhibit "A," City Request,to this Agreement(the "Project"); and WHEREAS, the Coastal Advisory Committee and the Tourist Development Council have reviewed the City of Marco Island's request 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 Project 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 requests outlining the Project to be accomplished, along with a project budget, as set forth in their request, Change Order#1 (25,000 cubic yards of sand @ $10.84/c.y.($271,000)) and Change Order#2 (60,000 cubic yards of sand @ $10.84/c.y..($650,400)), attached as Exhibit "A." GRANTEE shall provide the project activities outlined in their request within the budgeted amounts provided in Change Order#1 and Change Order #2 for a total of $921,400. GRANTEE shall not be reimbursed for any expenditures not included in the request nor be reimbursed for amounts in excess of those provided in the request 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 Nine Hundred Twenty-One Thousand Four Hundred Dollars ($921,400). 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. 2.3 GRANTEE shall be paid for its actual cost not to exceed the maximum amount budgeted pursuant to the attached Exhibit "B." [23-TDC-00252/1764498/1J 2 110 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 arc 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 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 [23-TDC-00252/1764498/1] 3 .t.'40 116 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 I ' 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. 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: Michael McNees City of Marco Island 50 Bald Eagle Drive Marco Island,FL 34145 mmcnees@cityofmarcoisland.com [23-TDC-00252/1764498/1] 4 (CAC C 110 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.Mil ler@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. 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 expiration of three (3) years after final payment under this Agreement, have access to, and the • [23-TDC-00252/I764498/1] 5 'CAC I 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. CITY OF MARCO REIMBURSEMENT. GRANTEE agrees that if Project receives any eligible grant funding or reimbursement from any government agency, i.e. FEMA or FDEP, that GRANTEE will reimburse COUNTY based on the funding received for portions of the Project funded by the Tourist Development Tax. 15. PROIIIBITION 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. 16. TERM. This Agreement shall become effective on February 14, 2023 and shall remain effective until sixty (60) days after completion of the Project described in Exhibit "A", but no later than February 14,2024. 17. 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. 18. 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 15, TERM. Any request for additional tourist development tax funding requires a recommendation by the Tourist Development Council prior to BCC review. [23-TDC-00252/1764498/II 6 t.A6 i1D 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. BOARD OF COUNTY COMMISSIONERS ATTEST: i r COLLIER COUNTY, FLORIDA CRYSTAL Kin* lerlt • I 1119 .., . �i■► r' By: � st as ChairOMP Rick LoCastro, Chairman at fe pnt Approved alto forma ali ( Co een M. Greene Managing Assistant County Attorney ATTEST: CITY OF MARCO ISLAND By: , City Clerk Greg Folley, Chairman, City Council Approved as to form and legal sufficiency: City Attorney [23-TDC-00252/1764498/1] 7 CA4O iio EXHIBIT A City of Marco Island ,.1 January 3, 2022 Andrew Miller, P.E. Coastal Zone Manager Collier County 2685 South Horseshoe Drive Unit 103 Naples, FL 34104 Dear Mr. Miller, As a follow up to the City of Marco Island's presentation at the December 8, 2022 Coastal Advisory Committee meeting, this letter and attachment provide the City's request for supplemental funding for the Tigertail Lagoon/Sand Dollar Island Ecosystem Restoration Project at the January 12, 2023 CAC meeting. Please include this letter and the attached documentation with the CAC agenda item. Although the City was able to fully fund the $3,306,187.50 project at the time, the impacts from Hurricane Ian resulted in additional costs for which the City is requesting supplemental funding assistance from the County in the amount of$921,400. The supplemental funding will be used to fund a change order for 85,000 cubic yards of sand from the permitted offshore borrow area at a cost of $10.84/cu yd and to place this sand on Sand Dollar Island. This sand will address Hurricane Ian's impact on the project area and allow completion of the berm on Sand Dollar Island as designed. The berm will provide storm protection for the newly reopened waterway connecting the southern lagoon by the County Park with the northern lagoon/gulf entrance that enhances tidal flow and water quality and lagoon recreation for the public. It also protects the Critical Wildlife Area that is one of the main attractions of the County Park. Finally, this berm also restores a section of Sand Dollar Island shoreline within the County Park with dry recreational beach for the public and maintains public access to Sand Dollar Island. This request for supplemental funding enables the City to complete this project. After Hurricane Ian, it would be extremely unfortunate not to do this when the resources could be made available, a contractor is on site, and a very favorable rate has been extended. Failure to act now will require future remedial action much more quickly than projected and at a far higher future cost. The only other alternative is to let Tigertail Lagoon at the County Park become a stagnant pond which no one should be advocating. We hope that you and the CAC will provide a positive recommendation for the requested funding. Sincerely, Justin Martin, P.E. Director, Public Works Attachments Cc: Michael McNees, City Manager, City of Marco Island Rick LoCastro, Commissioner, Collier County Board of Commissioners Erik Brechnitz, Councilman, Marco Island City Council Linda Ryan, Chair, Hideaway Beach Tax District 50 Bald Eagle Drive, Marco Island, Florida 34145 Tel: (239) 389-5000 www.cit)ofmarcoisland.com 110 EXHIBIT E CHANGE ORDER NO. 1 2022 Tigertail Lagoon/Sand Dollar Island Ecosystem Restoration Project Contract#2022-022 TO: FROM: Ahtna Marine&Construction Co. City of Marco Island 2125 E. Atlantic Blvd Suite A 50 Bald Eagle Drive Pompano Beach, FL 33062 Marco Island, FL 34145 Project: 2022 Tigertail Lagoon/Sand Dollar Island Ecosystem Restoration Project CITY COUNCIL CHANGE ORDER APPROVAL Agenda Item: Approved on 3anuary 23, 2023 Change Order No.1 Construction Agreement Date: September 19, 2022 Bid No. 2022-022 Change Order Description: This Change Order No. 1 serves to: :ement from the of borrow area.This change order authorizes items 1 (mobilization) and 2 (base volume)for $315,780.00 per proposal from Ahtna Marine & Construction Co. dated 12/15/2022 (see Exhibit"A"). Contract contingency of $157,437.50 (see Exhibit "B") will be used towards a portion of the costs. Therefore this change order amount is$158,342.50 ($315,780.00 less$157,437.50). Add additional 30 calendar days to the project. Original Agreement Amount: $3,306,187.50 Sum of Previous Change Orders Amount: $0 This Change Order No. 1 Amount [Increase]: $158,342.50 Revised Agreement Amount: $3,464,530.00 Original Contract Time in calendar days: 150 (to final completion) Adjusted number of calendar days due to previous change orders: n/a This Change Order adjusted time is: 30 REVISED CONTRACTTIME IN CALENDAR DAYS: 180 Original Notice to Proceed Date: 10-10-2022 Substantial Completion date based on original contract time: 03-01-2022 Revised Substantial Completion Date Due To Change Order(s): 04-01-2022 Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in said Agreement indicated above, as fully as if the same were repeated in this acceptance. The time and monetary adjustment to this Agreement shall constitute a full and final settlement of any and all claims arising out of or related to changes set forth herein including claims for schedule impacts, material/labor costs and delay costs. CONSENT OF SURETY TO CHANGE ORDER.The Surety agrees that this change order is not a cardinal change and if the Change Order includes an increase in the Contract amount, then the penal amount of the payment and performance bond issued for this Contract is increased by the dollar amount of this Change Order. 110 Project: 2022 Tigertall Lagoon/Sand Dollar Island Ecosystem Restoration Project Change Order No. #1 Submitted by: \ Date: V 2 V2: Justin-Martin, P . Public Works Director Cite of Marcifsland Accepted by: -1 ' Date: Anthony Cavo,,Penerat anager Ahtna Marine&Construction Co. II Authorized by: '= Y `-- Date: _L51:415 Guillermo Franco, Finance Director City of Marco Island 2-2)Authorized by: (` f-1/4 - " Date: (. ._ Michael A.`McNees, City Manager City of Marco Island � -2 7-23 1 I 0 Exhibit "A" Aktni Marine&Construction Co. 12/15/2022 Lina Upham Purchasing and Risk Manager Deputy City Clerk City of Marco Island 50 Bald Eagle Dr. Marco Island, FL 34145 Subject: 2022 Tigertail Lagoon/Sand Dollar Island Ecosystem Restoration Change Order 1 Contract No. ITB#2022-022 Dear Ms. Upham, Please find attached Change Order No. 1 associated with Contract No. ITB# 2022-022 Tigertail Lagoon/Sand Dollar Island Ecosystem Restoration Project. Change Order No. 1 is for Ahtna Marine & Construction Co., to conduct additional work consisting of offshore dredging and sand placement on Sand Dollar Island as requested by the City of Marco Island. The pricing for the offshore dredging and sand placement is broken down into a base volume as well as an additional volume of dredging and sand placement. Offshore Borrow Area Dredging and Sand Placement on Sand Dollar Island Estimated Unit Item Item Description Unit Extended Cost Quantity Cost V• 1 Mobilization to offshore 1 Job Lump $ 44,780 borrow area Sum V 2 Base Volume 25,000 CY 10.84 $ 271,000 3 Additional Volume 60,000 CY 10.84 $ 650,400 Subtotal for Mobilization and base volume $ 315,780 Total Cost Items 1 through 3 $ 966,180 Notes: • Minimum quantity of 25,000 cubic yards to be dredged • Mobilization to include additional pipe, sinking of the pipe support boat, booster and dredge relocation to the offshore borrow area. • Pricing is based on 10,500 LF of dredge discharge pipe from the offshore borrow area to the beach fill area 110 The following items have been excluded from this change order • Dredging of compacted materials,rock,or other hard materials • Dredging of trash,debris,or like materials • Engineering or Permitting • Removal of hazardous materials • Any unknown or unforeseen obstructions that may interfere with dredging operations • No Fuel credits or assumptions This pricing is valid for 45 days unless agreed upon by both parties to extend.This change orderis based upon availability of AMCC equipment and personnel at the time of intent to commence the work. Thank you for your time and consideration of Change Order No. 1 Please do not hesitate to contact me with any questions. 9,...ii.zio,_ Jennifer Bistyga Project Manager Ahtna Marine &Construction Co. tie EXHIBIT"B" BUDGET—CITY OF MARCO ISLAND 2022 Tigertail Lagoon/ Sand Dollar Island Ecosystem Restoration Project Change Order#1 (25,000 cubic yards of sand @$10.84/c.y.) $271,000 Change Order#2 (60,000 cubic yards of sand @$10.84/c.y,) $650,400 AGGREGATE TOTAL $921,400 [23-TDC-00252/1764498/1] tit 110 EXHIBIT "C" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE ( ) REQUEST PERIOD FROM TO REQUEST# ( ) INTERIM REPORT ( ) FINAL REPORT TOTAL CONTRACT AMOUNT$ EXPENSE BUDGET REIMBURSEMENT REQUESTED TOTALS NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined 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 riot 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 [23-TDC-00252/1764498/1] bZ W -- z0 © zw = z „1'.. ` w U 0 v5 -.1 O = W ct w 2 H = > J :, �- co; w0 Q p fi. 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