Backup Documents 06/11/2024 Item #16B 5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO c
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE U :J
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. Coastal Zone Management
3. County Attorney Office County Attorney Office CIA n
6-
4. BCC Office Board of County
Commissioners j/ (t iZf r(
5. Minutes and Records Clerk of Court's Office t'
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—TMSD—Capital Project Phone Number 239.252.2922
Contact/ Department Planning, Impact Fees and Program 239.252.2966
Management
CC: Maria Becerra-TMSD-Capital Project
Planning,Impact Fees and Program
Management
Agenda Date Item was 06/11/2024 Agenda Item Number 16.B.5
Approved by the BCC
Type of Document Marco Island—Agreement Number of Original 1
Attached Documents Attached
PO number or account N/A
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature AAM
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 AAM
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 AAM
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's AAM
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 it14-24423 and all changes made during AAM
the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable. (41117,4A
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
9. Initials of attorney verifying that the attached document is the version approved by the AAM 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.
16 8 ;
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
16 85
2024-2025 TOURIST DEVELOPMENT TAX
GRANT AGREEMENT BETWEEN
COLLIER COUNTY AND THE CITY OF MARCO ISLAND
CATEGORY"A" PROJECT TIGERTAILLAGOON
THIS AGREEMENT is made and entered into this f ltay of VI ----• , 2024,
by and between the City of Marco Island, ("GRANTEE") and Collier County, a political
subdivision of the State of Florida, ("COUNTY").
RECITALS:
WHEREAS, CITY has submitted a grant application for Tourist Development Tax
Funds in the aggregate amount of Three Hundred Fifty Thousand Dollars ($350,000) for the City
of Marco Island Tigertail Lagoon-Sand Dollar Island Ecosystem Maintenance Project for fiscal
year 2024-2025 as described in Exhibit "A," Grant Application, to this Agreement (the
"Project"); and
WHEREAS, the Coastal Advisory Committee and the Tourist Development Council
have reviewed the Grant Application and made recommendations to approve funding these
expenditures and have also made 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 a detailed application outlining the Project to
be accomplished, along with a project budgets, as part of the grant application process, attached
as Exhibit "A." GRANTEE shall provide the project activities outlined in the Grant Application
within the budgeted amounts provided in the Grant Application. GRANTEE shall not be
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reimbursed for any expenditures not included in the Grant Application nor be reimbursed for
amounts in excess of those provided in the Grant Application unless an amendment to this
Agreement is entered into by GRANTEE and COUNTY.
2. PAYMENT AND REIMBURSEMENT. The aggregate maximum reimbursement under
this Agreement shall be Three Hundred and Fifty Thousand Dollars ($350,000.00). GRANTEE
shall be paid in accordance with the fiscal procedures of COUNTY upon submittal of an invoice
and upon verification that the services described in the invoice are completed or that goods have
been received.
2.1 GRANTEE shall determine that the goods and services have been properly provided
and shall submit invoices to the County Manager or designee. The County Manager, or
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.
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2.3 GRANTEE shall be paid for its actual cost not to exceed the maximum amount
budgeted pursuant to the attached Exhibit "B."
3. ELIGIBLE EXPENDITURES. Only eligible expenditures described in Proposal 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
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Florida, with a current A.M. Best Financial rating of"Class VI" or higher, and provide General
Liability Insurance for no less than the following amount:
Bodily Injury Liability - $300,000 each claim per person
Property Damage Liability -$300,000 each claim per person
Personal Injury Liability -$300,000 each claim per person
Worker's Compensation and Employer's Liability—Statutory
The Certificate of Insurance must be delivered to the County Manager, or designee, no later than
ten (10) days prior to the commencement of construction. 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.
GRAN l'EE 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
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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:
Justin Martin, P.E., Director of Public Works
City of Marco Island
50 Bald Eagle Drive
Marco Island, Florida 34145
JMartin@cityofmarcoisland.com
All notices from GRANTEE to COUNTY shall be in writing and deemed duly served if mailed
by registered or certified mail to COUNTY at the following address:
Andrew Miller, Manager
Coastal Zone Management
Collier County Government
2685 S. Horseshoe Drive
Naples, Florida 34104
Andrew.Miller@colliercountyfi.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.
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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
right to examine and photocopy any pertinent books, documents, papers, and records of
GRANTEE involving transactions related to this Agreement.
13. AVAILABILITY OF FUNDS: This Agreement is subject to the availability of Tourist
Development Tax revenues. If for any reason tourist tax funds are not available to fund all or
part of this Agreement, the COUNTY may upon written notice, at any time during the terms of
this Agreement, and at its sole discretion, reduce or eliminate funding under this Agreement.
14. PROHIBITION OF ASSIGNMENT. GRANTEE shall not assign, convey, or transfer in
whole or in part its interest in this Agreement without the prior written consent of COUNTY.
15. TERM. This Agreement shall become effective on October 1, 2024 and shall remain
effective until sixty (60) days after completion of the Project described in Exhibit "A", but no
later than September 30,2025.
16. AMENDMENTS. This Agreement may only be amended in writing by mutual agreement
of the parties and after recommendation by the Tourist Development Council if appropriate, i.e.
pertaining to the expenditure of Tourist Development Tax.
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17. 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,
IN WITNESS WHEREOF, GRANTEE and COUNTY have each respectively, by an authorized
person or agent,hereunder set their hands and seals on the date and year first above written.
DATED: BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY,FLORIDA
CRYSTAL Kinzel,Clerk
By:
eat a C,1104Sti6sClerk Chri , Chairman
signature only
Approved as to form and
legality:
Colle . Greene '`" 1 `•.
Managing Assistant County Attorney 01.
ATTEST: •
!;
(corporate seal)
CITY OF MARCO ISLAND
t /
1 f , , J
4CpA TR�{` , City Clerk By: , /„f''9I1
Jare an
Approved as to form and
legal sufficiency:
,City Attorney
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17. 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.
IN WITNESS WHEREOF, GRANTEE and COUNTY have each respectively, by an authorized
person or agent,hereunder set their hands and seals on the date and year first above written.
DATED: BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
CRYSTAL Kinzel, Clerk
By:
,Deputy Clerk Chris Hall, Chairman
Approved as to foam and
legality:
Colleen M. Greene
Managing Assistant County Attorney
ATTEST:
(corporate seal)
CITY OF MARCO ISLAND
,City Clerk By:
Jared Grifoni, Chairman
Approved as to form and
legal sufficiency:
/4.Pr/V L• € 3/UU=C,City Attorney
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Page 11
COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL
CATEGORY"A" GRANT APPLICATION
Fiscal Year 25 Project
Tigertail Lagoon-Sand Dollar Island Ecosystem Maintenance, Marco Island
1. Name and Address of Project Sponsor Organization:
City of Marco Island
50 Bald Eagle Drive
Marco Island, FL 34145
2. Contact Person,Title and Phone
Number:
Jusin Martin, PE., Director of Public Works,
239-389-5184
3. Organization's Chief Official and Title:
Michael McNees, City Manager
Jared Grifoni, City Council Chairman
4. Details of Project-Description and Location:
The Tigertail Lagoon/Sand Dollar Island Ecosystem Restoration project is a City of
Marco Island project designed to restore and protect a valuable ecosystem which
includes recreational assets and tourist attractions. The project in its entirety is
located on public beach and wetland areas designated as Critical Wildlife Area by
the State of Florida and can only be accessed by land through Collier County
Tigertail Beach Park at the south part of the system. The project is in the public
interest providing environmental, social and economic benefits and storm
protection.
The Tigertail Lagoon and Sand Dollar Island ecosystem is a protected natural
preserve and a Critical Wildlife Area that provides valuable habitat for a variety of
birds, sea turtles, manatees, and seagrasses. Tigertail Lagoon and Sand Dollar Island
are also valuable Marco Island recreational resources for residents and tourists for
birding, fishing, kayaking, paddle boarding, kitesurfing, and, on the northern half,
boating. The ecosystem is accessed by the public via Collier County's Tigertail
Beach Park at the southern end of the lagoon and via boat at the northern end of the
lagoon. Tigertail Beach is one of 510 points on the Great Florida Birding and
Wildlife Trail and is considered one of the best all-around birding spots in southwest
Florida. Reader's Digest recently named this area as one of the "15 Best Beaches in
Florida Locals Want to Keep Secret." The County Park is one of only three public
beach access points on Marco Island and receives over 200,000 visitors annually. It
has a relatively large public parking area, playground, and bathrooms. A shuttle bus
runs from some hotels to the park. Private, rental, and commercial to ict �,r,gts
EXHIBIT
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P a 14 c I2
access the lagoon from its northern entrance. The Tigertail Lagoon and Sand Dollar
Island system was impacted by Hurricane Irma in 2017 and was evolving toward
closure when it was further impacted by Hurricane Ian in September 2022.
The City of Marco Island and Collier County funded the initial ecosystem
restoration project in 2022-2023 which included restoration of the collapsing part
of Sand Dollar Island and lagoon with approximately 500,000 cubic yards of sand
sourced from shoaling areas within the system and authorized nearshore borrow
areas. The project also restored wetland areas and tidal flow to the south part of
Tigertail Lagoon, improving water quality and maintaining environmental habitats
and recreational benefits. The City of Marco conducts all the necessary project
management, biological and physical monitoring, and maintenance required for
permit compliance.
The proposed maintenance in this application is part of the ecosystem restoration
maintenance plan to recycle sand from the authorized sand trap borrow area at the
tip of Sand Dollar Island and place the sand to restore the beach berm in vulnerable
areas on the west part of the constructed beach berm. The limited sand recycling is
planned for approximately 40,000 cubic yards at a 2-year cycle to maintain the
integrity of the constructed berm. This work will be completed using mechanical
equipment outside of bird and sea turtle nesting seasons.
5. Estimated project start date: November 2024
6. Estimated project duration: 1-2 months
7. Total TDC Tax Funds Requested: $350,000
8. If the full amount requested cannot be awarded, can the
program/project be restructured to accommodate a smaller award?
Yes (x ) No ( )
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COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL
CATEGORY "A" GRANT APPLICATION
Fiscal Year 25 Project
TigertaiI Lagoon-Sand Dollar Island Ecosystem Maii tenance, Marco Island
PROJECT
DUDGET
PROJECT ELEMENT AMOUNT
TDC Funds Requested $350,000
City/Taxing District Share $186,000
State of Florida Share 0
Federal Share 0
TOTAL $536,000
PROJECT EXPENSES 2024-2025
Annual environmental monitoring, surveying, project $186,000
management and permit compliance maintenance
2024-2025 operational maintenance to maintain flow channel
&beach berm and limit spit growth to the north
• Construction cost $300,000
• Engineering and environmental support $50,000
TDC Funds requested - $350,000
MILESTONES
1. Annual monitoring survey and biological monitoring June-September 2024
2. Construction plans and technical specifications May 2024
3. Project procurement and contractor selection August 2024
4. Project construction November 2024-Jan 2025
5. Project completion and permit compliance reporting February 2025
S
ibB `
EXHIBIT"B"
BUDGET—CITY OF MARCO ISLAND
Tigertail Lagoon Project
2024-2025 operational maintenance to maintain flow channel
and beach berm and limit spit growth to the north
• Construction cost $300,000
• Engineering and environmental support $50,000
AGGREGATE TOTAL $350,000
[19-CZM-00264/1634518/1] EINT))
EXHIBIT "C" 1 6 B 5
REQUEST FOR FUNDS
COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL
EVENT NAME
ORGANIZATION
ADDRESS
CONTACT PERSON TELEPHONE ( )
REQUEST PERIOD FROM TO
REQUEST#
( )INTERIM REPORT ( ) FINAL REPORT
TOTAL CONTRACT AMOUNT$
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
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