Agenda 06/13/2023 Item #16F4 (Early termination of the Interlocal Agreement with the City of Naples for leased office space for the Collier County Film Office at the Norris Center)16. F.4
06/13/2023
EXECUTIVE SUMMARY
Recommendation that the Board approve the early termination of the Interlocal Agreement with the City of
Naples for leased office space for the Collier County Film Office at the Norris Center and authorize the
County Manager, or their designee, to sign the written notice of the intent to terminate.
OBJECTIVE: In an effort to consolidate Tourism staff in one location and reduce overhead costs, the CVB seeks
to exercise the option of early termination relating to the office space rental for the Film Office.
CONSIDERATIONS: The Collier County Film Office has occupied space at the Norris Center for many years,
and the current Agreement expires on February 20, 2024. As part of the current Agreement, the County is able to
terminate the Agreement for leased space with three months written notice to the City. The County Manager's
Office recommends termination, and the Collier County Real Property Department has been informed of the
County's intent to vacate. The current Tourism Office has adequate space to include the Film Office, and none of
the Film Office's operations or productivity will be impacted with this move.
If approved, the Tourism Division will prepare a written notice of intent to terminate the Agreement for signature
by the County Manager or their designee.
FISCAL IMPACT: The cost for the office space in the Norris Center for the Film Office is $900 per month
between October 1, 2023 and February 20, 2024 and will offer a cost savings as well as a consolidation of team
members within existing Tourism office space. Funding for the lease is budgeted within Tourism Administration
Fund (194).
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan with this Executive
Summary
ADVISORY BOARD RECOMMENDATION: The Tourist Development Council recommended approval of this
item (8-0) at the May 15, 2023 meeting.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for
approval. - CMG
RECOMMENDATION: To approve the early termination of the Interlocal Agreement with the City of Naples for
leased office space for the Collier County Film Office at the Norris Center and authorize the County Manager, or
their designee, to execute the written notice of the intent to terminate.
Prepared by: Paul Beirnes, Tourism Director
ATTACHMENT(S)
1. Film Office Interlocal Agreement Final Signed 2 26 19 (PDF)
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16. F.4
06/13/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 161.4
Doe ID: 25562
Item Summary: Recommendation that the Board approve the early termination of the Interlocal Agreement with
the City of Naples for leased office space for the Collier County Film Office at the Norris Center and authorize the
County Manager, or their designee, to sign the written notice of the intent to terminate.
Meeting Date: 06/13/2023
Prepared by:
Title: Administrative Assistant — Tourism
Name: Jennifer Leslie
05/16/2023 11:25 AM
Submitted by:
Title: Division Director — Tourism
Name: Paul Beirues
05/16/2023 11:25 AM
Approved By:
Review:
Tourism Paul Beirnes Director Completed
Facilities Management Jennifer Belpedio Additional Reviewer
Corporate Compliance and Continuous Improvement Megan Gaillard
County Attorney's Office
County Attorney's Office
Office of Management and Budget
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Colleen Greene Level 2 Attorney Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Debra Windsor Level 3 OMB Gatekeeper Review
Christopher Johnson Additional Reviewer
Amy Patterson Level 4 County Manager Review
Geoffrey Willig Meeting Pending
05/16/2023 11:46 AM
Completed 05/23/2023 3:10 PM
Additional Reviewer Completed
05/26/2023 7:27 PM
Completed 05/30/2023 3:06 PM
Completed 05/30/2023 3:14 PM
Completed 05/31/2023 9:58 AM
Completed 05/31/2023 5:20 PM
Completed 06/05/2023 10:47 AM
06/13/2023 9:00 AM
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INSTR 5680354 OR 5604 PG 3079 16.F.4.a
RECORDED 3/6/2019 10:18 AM PAGES 5
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC $44.00
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT (the "Agreement") is made this o?�� day of
2019 by and between COLLIER COUNTY (the "County") and THE CITY
OF NAPLES (t "City").
WITNESSETH:
WHEREAS, Section 163.01, Florida Statutes, also known as the Florida Interlocal
Cooperation Act of 1969, permits local governmental units to make the most efficient use of their
powers by enabling them to cooperate with each other to provide services in a manner that will
accord best with geographic, economic, population and other factors influencing the needs and
development of local communities; and
WHEREAS, Collier County through its Tourism Department employs a person holding the
title of Collier County Film Commissioner; and
WHEREAS, the City and the County have determined that it is in their best interest to
establish an office for the Collier County Film Commissioner within the Norris Community Center
in the City of Naples; and
WHEREAS, such an office would benefit the citizens of both the City and the County by
providing increased and easier access to the services provided by the Collier County Film
Commission; and
WHEREAS, the City agrees to grant the County a license to use space in the Norris
Community Center for the office of the Collier County Film Commissioner on the terms and
conditions contained herein.
NOW, THEREFORE, based upon the mutual covenants and premises provided herein,
and other valuable consideration, the parties hereby agree as follows:
Recitals Incorporated: The above recitals are true, correct and incorporated
herein.
2. Premises: For purposes of this Agreement, the term "Premises" shall mean an
office in the Norris Community Center, which is located at 755 8t" Ave. South,
Naples, Florida 34102. The City hereby grants to the County a revocable license to
occupy the Premises, subject to all of the terms and conditions contained herein.
The County shall have the right to share in the use of any common areas and
facilities appurtenant to the Building with the City. Should the County wish to use
conference room space or any of the other community spaces at the Norris Center,
the County shall reserve this space in advance through the Norris Center staff.
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1 6.F.4.a
3. Term: The term of this Agreement shall be for Three (3) years (the "Term"). The
Term shall commence on February 21, 2019 and shall expire on February 20,
2022 ("Termination Date"). The City may extend the AGREEMENT for up to two
successive one-year terms thereafter (totaling 5 years), by delivering three (3)
month's written notice to the County, unless the AGREEMENT is earlier terminated
as provided elsewhere herein. At the end of the Term, Term extensions or if
terminated prior to the Termination Date by either party, this Agreement shall
absolutely end on February 20, 2024, The County acknowledges that it has not
obtained any type of easement or permanent interest in the real property upon
which the Premises and Building is located. The Agreement will be reviewed by
both the City and the County during the final year of this Agreement and
recommendations made as to future terms and conditions.
4. Services: The County shall be responsible for and pay all fees and charges
directly to the vendor in relation to the Collier County Film Commission office
phone(s), fax and computer lines to the Premises at no cost to the City. The City
shall provide climate control, electricity, pest control, janitorial services, general
maintenance and air conditioning filter replacement at no cost to the County.
5. Use and Occupancy: The County shall occupy and use the Premises solely as an
office for the Collier County Film Commissioner.
6. Fees and Charges: The County shall pay to the City for use of the Premises:
a. Seven Hundred and Fifty Dollars ($750.00) per month for the period between
February 21, 2019 through September 30, 2019
b. Seven Hundred and Seventy -Five Dollars ($775.00) per month for the period
October 1, 2019 through September 30, 2020
c. Eight Hundred Dollars ($800.00) per month for the period October 1, 2020
through September 30, 2021
d. Eight Hundred and Twenty -Five Dollars ($825.00) per month for the period
October 1, 2021 through February 20, 2022
If the Term extension(s), as defined herein are approved by both parties, the
County shall pay:
e. Eight Hundred and Twenty -Five Dollars ($825.00) per month for the period
February 21, 2022 through September 30, 2022
f. Eight Hundred and Fifty Dollars ($850.00) per month for the period October 1,
2022 through September 30, 2023
g. Nine Hundred Dollars ($900.00) per month for the period October 1, 2023
through February 20, 2024
E
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16.F.4.a
The City's Finance Department will send an invoice to the County detailing amount
due, payment due date, payment location and any other matters concerning (or
related to) this matter.
7. Alterations and Improvements: The County shall not alter, improve or change
the Premises, including existing signage, without the written consent of the City.
8. Equipment Usage: The County will be allowed continued usage of property
owned by the City, including: office furniture, file and storage cabinets in the Collier
County Film Commissioner's office and other equipment located in the Norris
Center as needed. Said equipment is the property of the City and is provided for
use by the County while on property.\
9. Insurance: The County shall obtain and carry, at all times during its performance
under this Agreement, insurance of the types and in the amounts set forth in the
document titled General Insurance Requirements, which is attached and made a
part of this Agreement.
10. Termination: At any time during term of this Agreement, either party may
terminate this Agreement by delivering three (3) month's written notice of the same
to the other party without liability to the other. If the City terminates this agreement
without cause, the County will be allowed an additional (6) months to re -locate its
office to another location.
11. Assignment: The County shall not assign, sublet, or permit the Premises to be
used by others without the prior written consent of the City.
12. Indemnification: Each parry shall be liable for its own actions and negligence
and, to the extent permitted by law, County shall indemnify, defend and hold
harmless the City against any actions, claims or damages, including reasonable
attorney's fees and costs of litigation, arising out of County's negligence in
connection with its performance under this Agreement, and the City shall
indemnify, defend and hold harmless County against any actions, claims or
damages, including reasonable attorney's fees and costs of litigation, arising out of
the City's negligence in connection with its performance under this Agreement.
The foregoing indemnification by the Parties shall not constitute a waiver of
sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28,
nor shall the same be construed to constitute agreement by either Party to
indemnify the other Party for such other Party's negligent, willful or intentional acts
or omissions.
13. Notices and Address Record: All notices required or made pursuant to this
Agreement to be given by the County to the City shall be in writing and shall be
delivered by hand or by United States Postal Services Department, first class mail
services, postage prepaid, return receipt requested, addressed to the following:
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16.F.4.a
City of Naples Community Services Department
280 Riverside Circle
Naples, Florida 34102
All notices required or made pursuant to this Agreement to be given by the City to
the Collier County Film Commission shall be made in writing and shall be delivered
by hand or by United States Postal Services Department, first class mail services,
postage prepaid, return receipt requested, addressed to the following:
Collier County Tourism
2800 N. Horseshoe Drive
Naples, FL 34104
14, Counterparts: This Agreement may be executed in any number of counterparts,
each of which shall be deemed to be an original as against any party who
signature appears thereon and all of which shall together constitute one and the
same instrument.
15. Effective Date: This Agreement shall take effect on the day of execution by the
last party to execute this agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Interlocal Agreement on
the day first written above.
CITY OF NAPLES, FLORIDA
Charles T. Cha/jIman I ity Manager
Approved as to form and legality:
By:
Jarn-e� . Fox, City Attorney
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BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA
in
W. McDaniel, , r., Chairmla?f"
Hard of Collier County Commissioners
d
STT
CRYS: -KINZE0,-CLERK
Attest as to
App i f�4Vform and legality:
Colleen M. Green
Assistant County Attorney
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