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Agenda 06/24/2014 Item #16A20Proposed Agenda Changes Board of County Commissioners Meeting June 24, 2014 Continue Item 11A to the July 8 2014 BCC Meeting: Recommendation to authorize advertising an ordinance creating the Platt Road Improvement Municipal Service Taxing Unit to fund and levy not to exceed three mils of Ad Valorem Taxes per year to reimburse the County $10,500 for emergency roadway improvements made to Platt Road. (Commissioner Nance's request) Move Item 16A20 to Item 11E: Recommendation to approve a proposed amendment to the Tourist Development Tax Ordinance No. 92 -60, as amended, that would authorize the reallocation of funds between Tourist Development Tax categories with a supermajority vote of the Board and direct the County Attorney to advertise ordinance changes to be approved by the Board at a future meeting; to allow TDC grant funds previously awarded to the City of Naples to "carry forward" for expenditure in FY2015 for a major renovation of the City of Naples Pier; and to make a finding that this item promotes tourism. (Commissioner Henning's request) Note: Item 16C4: Folio Number on the Purchase and Sales Agreement should read: Project: Basin 101 Wastewater System Rehabilitation Vanderbilt Beach /Naples. Folios: 62427800009 & 62427840001 Time Certain Items: Item 1481 to be heard at 10:40 a.m. Item I I B to be heard immediately following Item 9D 6/24/2014 16.A.20. EXECUTIVE SUMMARY Recommendation to approve a proposed amendment to the Tourist Development Tax Ordinance No. 92 -60, as amended, that would authorize the reallocation of funds between Tourist Development Tax categories with a supermajority vote of the Board and direct the County Attorney to advertise ordinance changes to be approved by the Board at a future meeting; to allow TDC grant funds previously awarded to the City of Naples to "carry forward" for expenditure in FY 2015 for a major renovation of the City of Naples Pier; and to make a finding that this item promotes tourism. OBJECTIVE: To amend the Tourist Development Tax Ordinance to authorize and fund a major renovation to the Naples Pier. CONSIDERATIONS: Collier County has received a request from the City of Naples to use Tourist Development Taxes to fund a major renovation to the Naples Pier. The City is the recipient of a $200,000 Category "A" grant for FY 2014. However, an independent assessment has revealed that for public safety and the integrity of the structure extensive repairs are needed. Estimated total project cost is $892,000. Ordinance 92 -60, as amended, provides an annual maximum Category "D" allocation of $200,000 for fishing piers. To accommodate the City's request, staff has prepared an amendment to the Ordinance providing for an exception to funding limits as- needed with an affirmative vote of the Board plus one additional member (super majority vote). To fund the entire Pier major renovation project, the following Board actions are necessary: L Allow the FY 2014 $200,000 Category "A" grant to the City to carry forward to FY 2015. 2. Authorize the Chairman to execute the Category "A" Grant Agreement for FY 2015. 3. Approve the Ordinance amendment that would allow for reallocation of tourist taxes among categories with a super majority vote and authorize the County Attorney to advertise the Ordinance for adoption at a future Board meeting. 4. Allocate $692,000 to Category "D" fishing piers in FY 2015. 5. Approve the necessary budget amendment. 6. Make a finding that these actions promote tourism. No amendment to the FY 2014 grant agreement with the City of Naples is needed. Staff has prepared a FY 15 Agreement allocating an additional $692,000 and referring back to the original TDC grant agreement. FISCAL IMPACT: Funds are available in Fund 195 TDC Beach Renourishment reserves to meet the City's request. Budget will be available on - October 1, 2014 for FY 2014/2015 budget allocating $692,000 from Fund 195 reserves to Project No. 90096 (Naples Pier Repairs). The City has agreed to make no Category "D" (fishing pier) requests for a period of four years following this project expenditure. This commitment does not apply to pier repairs necessitated Packet Page -83S- 6/24/2014 16.A.20. by a catastrophic event or to renovations to other beach park facilities such as the restrooms next to the pier. GROWTH MANAGEMENT IMPACT: There is no impact to the growth management plan related to this action. ADVISORY COMMITTEE RECOMMENDATIONS: At the April 10, 2014 CAC meeting, this item was approved unanimously. At the April 28, 2014 TDC meeting, this item was approved unanimously. LEGAL CONSIDERATIONS: The legislative intent to amend the tourist development tax ordinance as proposed is to authorize the Board of County Commissioners to reallocate funds between Board established categories with a super majority vote of the Board, however without amending the ordinance each time. The Board currently has the power to reallocate funds with an ordinance amendment. This proposed amendment would remain in compliance with Section 125.0104, Fla. Stat., and give the Board flexibility and greater efficiency to reallocate funds. This item has been approved as to form and legality and requires a super majority vote (4 to 1) for approval. — CMG RECOMMENDATION: That the Board of County Commissioners approves a proposed amendment to the Tourist Development Tax Ordinance No. 92 -60, as amended, that would authorize the reallocation of funds between Tourist Development Tax categories with a super majority vote of the Board and directs the County Attorney to advertise ordinance changes to be approved by the Board at a future meeting; allows TDT grant funds previously awarded to the City of Naples to "carry forward" for expenditure in FY 2015 for major renovation of the City of Naples Pier; authorizes the Chairman to execute the Category "A" Grant Agreement; and makes a finding that this item promotes tourism. Prepared by: J. Gary McAlpin, Coastal Zone Management Manager of the Natural Resources Department Attachments: A) Proposed amendment to Ordinance No. 92 -60, as amended. B) City of Naples Letter dated March 11, 2014 C) City of Naples Resolution dated March 19, 2014 D) Category "A" Grant Agreement with City of Naples for FY 2014/2015 E) E -mail from Bill Moss, City of Naples Manager Packet Page -836- 6/24/2014 16.A.20. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.20. Item Summary: Recommendation to approve a proposed amendment to the Tourist Development Tax Ordinance No. 92 -60, as amended, that would authorize the reallocation of funds between Tourist Development Tax categories with a supermajority vote of the Board and direct the County Attorney to advertise ordinance changes to be approved by the Board at a future meeting; to allow TDC grant funds previously awarded to the City of Naples to "carry forward" for expenditure in FY 2015 for a major renovation of the City of Naples Pier; and to make a finding that this item promotes tourism. Meeting Date: 6/24/2014 Prepared By Name: HambrightGail Title: Accountant, Coastal Zone Management 5/21/2014 4:33:15 PM Submitted by Title: Accountant, Coastal Zone Management Name: HambrightGail 5/21/2014 4:33:16 PM Approved By Name: PuigJudy Title: Operations Analyst, Community Development & Environmental Services Date: 5/22/2014 10:15:31 AM Name: McAlpinGary Title: Manager - Coastal Management Programs, Coastal Zone Management Date: 5/22/2014 12:21:13 PM Name: KearnsAllison Title: Manager Financial & Operational Support, Transportation Administration Date: 5/23/2014 1:16:47 PM Packet Page -837- 6/24/2014 16.A.20. Name: LorenzWilliam Title: Director - CDES Engineering Services, Natural Resources Date: 5/26/2014 11:11:18 AM Name: Tara Castillo Title: Management/Budget Analyst, Road Maintenance Date: 5/28/2014 9:45:14 AM Name: GreeneColleen Title: Assistant County Attorney, CAO General Services Date: 6/3/2014 9:26:24 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 6/10/2014 11:10:15 AM Name: OberrathKaren Title: Accountant, Senior, Grants Management Office Date: 6/10/2014 3:21:52 PM Name: GreeneColleen Title: Assistant County Attorney, CAO General Services Date: 6/11/2014 3:33:03 PM Name: KlatzkowJeff Title: County Attorney, Date: 6/13/2014 4:30:11 PM Name: IsacksonMark Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget Date: 6/16/2014 10:53:38 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 6/16/2014 2:34:45 PM Packet Page -838- 6/24/2014 16.A.20. ORDINANCE NO. 2014 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 92 -60, AS AMENDED, ALSO CITED AS SECTION 126 -83 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, RELATING TO THE LEVY OF A 2% TOURIST DEVELOPMENT TAX, AN ADDITIONAL 1 % TAX (3RD PERCENT), AND AN ADDITIONAL 1 % TAX (4TH PERCENT) THROUGHOUT COLLIER COUNTY PURSUANT TO THE LOCAL OPTION TOURIST DEVELOPMENT ACT, SECTION 125.0104, FLORIDA STATUTES, AS AMENDED; BY AMENDING SECTION THREE, "USES OF TAX REVENUES," IN ORDER TO PROVIDE FOR REALLOCATION OF FUNDS BETWEEN CATEGORIES A THROUGH D; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 125.0104, Florida Statutes, provides for the levy of a local option tourist development tax by any county; and WHEREAS, on August 18, 1992, the Board of County Commissioners (Board) adopted Ordinance No. 92 -60, which levied and imposed a 2% tourist and development tax throughout Collier County for the purposes permitted in Section 125.0104, Florida Statutes, as amended; and WHEREAS, through adoption of Ordinance No. 95 -56 and Ordinance No. 2005 -43, the Board levied an additional 3rd and 4th percent tourist development tax; and WHEREAS, the City of Naples adopted Resolution No. 14 -13429 authorizing the City Manager to submit a Fiscal Year 2014/2015 Collier County Tourist Development Council Category "A" Grant Application seeking $692,000 for a major renovation of the Naples Pier; and WHEREAS, the City of Naples has also made a special request to Collier County to allow $200,000 in Category "A" Grant Funds from Fiscal Year 2013/2014 to "roll over" to Fiscal Year 2014/2015 for a total funding request of $892,000 for a major renovation of the Naples Pier; and WHEREAS, the Tourist Development Council has reviewed and recommends approval of both City of Naples requests, recommends funding the major renovation of the Naples Pier up to $892,000 as requested, and recommends amending Ord. No. 92 -60, as amended, to allow for this reallocation; and WHEREAS, the Board of County Commissioners will consider an amendment to the Tourist Development Tax Ordinance No. 92 -60, as amended, in order to provide for the Words Underlined are added; Words Stmek are deleted. Norp 1 nfF, Packet Page -839- 6/24/2014 16.A.20. reallocation of funds between Categories A through D which will allow for the additional funding required (total $892,000) for the major renovation of the Naples Pier. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO SECTION THREE OF ORDINANCE NO. 92 -601 AS AMENDED. Section Three is hereby amended to read as follows: SECTION THREE - USES OF TAX REVENUES. (a) The tax revenues received pursuant to this division shall be used to fund the County Tourist Development Plan, which is hereby amended as follows: Tourist Development Plan The two percent tourist development tax was levied throughout Collier County beginning the first day of the second month following approval of this Ordinance by referendum. The tax district includes the entire geographic area of Collier County, Florida. The anticipated revenue for a two percent tourist development tax for all of Collier County over a 24 -month period was $7,000,000.00, less costs of administration. The additional one percent tourist development tax (3rd percent) was levied throughout the county beginning the first day of January, 1996. A majority of the electors of Collier County voting in a straw referendum election approved the continuation of the additional one percent tourist development tax prior to June 30, 2000, therefore the additional one percent tourist development tax shall continue until terminated by an amendment to this Ordinance. The tax district shall include the entire geographic area of Collier County, Florida. The additional tourist development tax (4th percent) shall be used to finance tourism promotion as provided herein. The tax district shall include the entire geographic area of Collier County, Florida. (1) The categories of use of the two percent, one percent (3rd percent) and additional one percent (4th percent) tax revenues by specific project or special use are hereby listed in the order of priority: CATEGORYA: To finance beach park facilities or beach improvement, maintenance, renourishment, restoration and erosion control, including pass and inlet maintenance shoreline protection, enhancement, cleanup or restoration of inland lakes and rivers to which there is public access as these uses relate to the physical preservation of the beach, shoreline or inland lake or river. Words Underlined are added; Words Su%ek Theog# are deleted. Packet Page -840- 6/24/2014 16.A.20. Percentage of Net Revenue 32.584 percent of the two percent tax and 100 percent of the one percent tax (3rd percent), reduced by the amount required for Category D. CATEGORYB: To promote and advertise county tourism within the State of Florida, nationally and internationally, which encourages tourism to Collier County and to fund convention bureaus, tourist bureaus, tourist information centers and news bureaus as county agencies. If tax revenues are expended for an activity, service, venue or event, the activity, service, venue or event shall have as one of its main purposes the attraction of tourists as evidenced by the promotion of the activity, service, venue or event to tourists. Percentage of Net Revenue 43.438 percent of the two percent tax and 100 percent of the additional one percent tax (4th percent) CATEGORY C: To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more County owned or operated museums or municipal owned museums that are owned and operated by not for profit organizations and open to the public. Percentage of Net Revenue 23.978 percent of the two percent tax. Sub - categories: C(1): County owned or operated museums: 19.214 percent C(2): Municipal owned museums and museums owned and operated by not for profit organizations open to the public: 4.764 percent CATEGORY D: To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more fishing piers which are publicly owned and operated. Percentage of Net Revenue Words Underlined are added; Words �k To�ifeugn are deleted. Paee 3 of 6 Packet Page -841- 6/24/2014 16.A.20. Amount budgeted for this category by the Board of County Commissioners each fiscal year, but not to exceed $200,000.00. This amount may be amended upwardly or downwardly prospectively from the date of the budget amendment approval, provided that the amount of the aggregate allocation per fiscal year does not exceed $200,000.00. It is the intent of this division that the above uses shall be funded separately, but simultaneously in the above percentages regardless of the actual amount of net revenues collected. (2) The additional one percent tax revenues (3rd percent) collected pursuant to Section 126 -82(f) shall be used to finance beach park facilities, beach improvement, maintenance, renourishment, restoration and erosion control including pass and inlet maintenance shoreline protection, enhancement, cleanup or restoration of inland lakes and rivers to which there is public access as these uses relate to the physical preservation of the beach, shoreline or inland lake or river. (3) The additional one percent tax (4th percent) collected pursuant to Section TWO (G) shall be used entirely to finance tourism promotion including advertising, public relations, promotion, research and fulfillment. It is the intent of the Board of County Commissioners to maintain this new level of tourism promotion dollars in the future. (4) The Disaster Recover Advertising Fund will maintain a maximum level of $500,000.00. Should the fund fall below $500,000.00, the fund shall be replenished up to a maximum of $500,000.00 per fiscal year from the General Fund. (5) Administrative costs. a. Tourism promotion administrative costs (Fund 194) shall not exceed 32% of the total amount collected each fiscal year for Category "B" revenue. This amount may be amended upwardly or downwardly each budget year provided that the amount of the budget does not exceed 32% of the total Category "B" revenue. b. Project Management (Fund 185), Indirect Overhead, and Program Administration in support of Fund 195 (Beaches) and Fund 183 (Beach Park Facilities) shall not exceed 15 % of Category "A" revenues. This amount may be amended upwardly or downwardly each budget year provided that the amount of the budget does not exceed 15% of Category "A" revenues. (6) The revenues to be derived from the tourist development tax may be pledged to secure and liquidate revenue bonds in accordance with the provisions of Section 125.0104, Florida Statutes. Such revenue bonds and revenue refunding bonds may be authorized and issued in such principal amounts, with such interest rates and maturity Words Underlined are added, Words Strtiek Rfe tgh are deleted. Page 4 of fi Packet Page -842- 6/24/2014 16.A.20. dates, and subject to such other terms, conditions and covenants as the governing board of Collier County shall provide. This paragraph shall be full and complete authority for accomplishing such purposes, but such authority shall be supplemental and additional to, and not in derogation of, any powers now existing or later conferred under law. (7) The event bonds are issued by Collier County for any of the purposes enumerated by the Tourist Development Plan, the amount of tourist development tax receipts used to pay debt service on such bonds may exceed the percentages provided for the purpose for which such bonds were issued; provided, however, the maximum annual debt service on such bonds, together with any other obligations of Collier County which were issued to finance improvements for the same purpose and which are secured by the tourist development tax, must not exceed the stated percentage of tourist development tax receipts provided in the Tourist Development Plan for such purposes, as calculated as of the date of sale of such bonds. For purposes of performing the calculations described in this paragraph, the amount of tourist development tax receipts shall be assumed to be the amount provided as such in Collier County's immediately preceding annual audit, plus, if the levy of such tax was imposed or increased subsequent to the beginning of the period which was audited, an amount equal to the estimate by the County Manager of the moneys the County would have received if the tax imposition or increase had been in effect during the entire audit period. At or prior to the issuance of bonds the County Manager shall provide a certificate as to the findings required in this paragraph, which certificate shall be conclusive as to all matters provided herein. (8) Notwithstanding anything to contrary herein the Board of County Commissioners may reallocate funds between the above defined Categories (A -D) with an affirmative vote of a majority plus one additional member of the Board of County Commissioners (8) (9) The above and foregoing tourist development plan may not be substantially amended except by ordinance enacted by an affirmative vote of a majority plus one additional member of the Board of County Commissioners. SECTION TWO: CONFLICT AND SEYERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered Words Underlined are added; Words £4uek -4fetes are deleted. Pa.oe 5 of fi Packet Page -843- 6/24/2014 16.A.20. or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by a vote of a majority plus one of the Board of County Commissioners of Collier County, Florida, this day of , 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Deputy Clerk TOM HENNING, CHAIRMAN Approved as to form and legality: aol-leen M. Greene Assistant County Attorney Words Underlined are added; Words Stfuek Rweugh are deleted. Pace 6 of 6 Packet Page -844- 6/24/2014 16.A.20. GU P-I LF .^7. � l OFFICE OF THE CITY MANAGER TELEPHONE (239) 213 -1030 • FACSIMILE (239) 213 -1033 735 EIGHTH STREET SOUTH • NAPLES, FLORIDA 34102 -6796 March 11, 2014 Mr. Leo E. Ochs, Jr. Collier County Manager 3299 Tamiami Trail East, Suite 202 Naples, Florida 34112 Dear Mr. Ochs: The City of Naples annually receives Tourist Development Council (TDC) funding under the Category "A" program which supports beach renourishment and pass maintenance. The funding provides resources for daily maintenance, trash removal and custodial services along the beachfront, including the Naples Pier and Lowdermilk Park. A Resolution will be considered by City Council during their regularly scheduled meeting of March 19, 2014 in support of two grant applications during the FY 2015 TDC funding cycle. The first is for an on -going Beach Maintenance project application. The FY 2015 funding request includes 1) maintenance equipment operator, custodians, and tradesworker salaries and benefits in an amount of $181,000, 2) equipment, fuel & maintenance in the amount of $7,000; and 3) beach cart in the amount of $12,000. The total amount of funding requested in this application - $200,000. The second application is for a major renovation of the Pier, including replacement of the deck, stringers, railings, connection plates, stainless connectors, fasteners, water piping, valves, fixtures, electrical panels, breakers, conduit and walkway lighting. These replacements are required for public safety and ongoing preservation of the Pier structure. The A.D. Morgan Company was engaged to evaluate the Pier structural components and provide recommendations including cost estimates for this project. The report is attached. A.D. Morgan Company recommends that the complete wood substructure above the concrete pile cap beam surface be replaced. City staff is of the opinion that the visiting public is better served with the construction of a single project addressing the entire Packet Page -845- 6/24/2014 16.A.20. facility deficiencies rather than a partial or phased effort insufficient in scope and funding. The City has received a grant from Category "A" for the current FY 2013 -14 ($200,000) for repairs to the Pier. However, recognizing the significant pier deficiencies, these funds have not been spent. In the 2015 grant application, we request that the $200,000 allocated for FY 2013 -14 be retained by the City, rolled -over, and combined with a new Category "A" FY 2015 application requesting an additional $692,000. The total amount of the project as estimated by the A.D. Morgan Company is $892,000. Category "A" TDC application submittals, by Collier County policy, restricts funding to $200,000 per project. Therefore, we respectfully ask Collier County staff and the Board of County Commissioners to assist in the identification and allocation of TDC funds that will allow completion of the Pier repair project. The City of Naples has installed counters to record the number of visitors to the Pier. Visitation counts recorded daily the previous three years at the Naples Pier demonstrate the facility attracts the most attendance of any facility in the City of Naples, and presumably one of the highest visited locations in Collier County. The visitor counts for the past three years are as follows: 2011 — 932,799 2012 — 1,031,242 2013 — 1,070,545 The City of Naples requests the following considerations: 1. That the Coastal Advisory Committee, the Tourist Development Council and the Board of County Commissioners favorably support the City's grant application for the Naples Pier Deck Replacement and Structural Renovation for FY 2015 in the amount of $692,000. 2. Grant a roll - forward continuation of TDC Category "A" FY 2014 funding in the amount of $200,000 as supplemental to the FY 2015 grant request to fund a project with a total estimated cost of $892,000. 3. Grant a waiver of the $200,000 annual funding cap restriction for a singular request. Thank you for your past support and for your consideration of this request for funding. Sincerely, A William Moss City Manager cc: Gary McAlpin, Coastal Zone Manager (~ //: /.r ri>/i - >.v rslllil.v:... 1Ft�Vii �i;r' /iC i.i /is rri :Jr.l�. ,. `:�,'(i� / ✓ /�i'r ��r!t� / %r {/�viuv: r /�, Packet Page -846- 6/24/2014 16.A.20. Agenda Item 6 -b Meeting of 3/19/14 RESOLUTION 14 -13429 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT FISCAL YEAR 2014- 2015 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATIONS UNDER THE BEACH RENOURISHMENT AND PASS MAINTENANCE PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Collier County Tourist Development Council (TDC) recently announced the availability of grant funding under its Category "A" program which supports beach renourishment and pass maintenance; and WHEREAS, the City has identified needs for that grant funding to support activities related to Beach Maintenance in the amount of $200,000, and to Naples Pier Deck Replacement and Structural Renovation in the amount of $692,000; and WHEREAS, City staff prepared two grant applications to capture funding for the activities in the amounts noted above; and WHEREAS, the funding is in 100% dollars and requires no local matching funds; the applications for such funding will have no adverse impact on present or future operational needs; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA: Section 1. That the City Manager is hereby authorized to submit Fiscal Year 2014 -15 Collier County Tourist Development Council Category "A" Grant Applications, together with any related documentation, to the Collier County Tourist Development Council to support annual beach maintenance in the amount of $200,000 and Naples Pier Deck Replacement and Structural Renovations in the amount of $692,000. Section 2. This resolution shall take effect immediately upon adoption. Packet Page -847- Resolution 14 -13429 6/24/2014 16.A.20. Page 2 PASSED IN OPEN AND REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF NAPLES, FLORIDA, THIS 19T" DAY OF MARCH 2014. Attest: Patricia L. Rambosk, City Clerk John F. Sorey III, Mayor Approved as to form and legality: Robert D. Pritt, City Attorney M:IREFICOUNCI L1RES12 01 411 4 -1 34 29 Date filed with City Clerk: Packet Page -848- 6/24/2014 16.A.20. 2014 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES FOR FY 15 CATEGORY "A" CITY OF NAPLES PROJECTS. THIS AGREEMENT is made and entered into this _ day of 2014, by and between the City of Naples, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY ". RECITALS: WHEREAS, CITY submitted applications for Category "A" Tourist Development Tax Funds in the aggregate amount of eight hundred fifty -three thousand three hundred seventy -one dollars ($853,371.00) for the City of Naples Projects for fiscal year 2014 -2015, as described in Exhibit "A" and attachments A -1 Beach Maintenance and A -2 Naples Pier. This approval authorizes eight hundred fifty -three thousand three hundred seventy -one dollars ($853,371.00) to this Agreement (the "Projects "); and WHEREAS, this Agreement specifically authorizes the City to carry forward the $200,000 funding awarded in the FY 2013/2014 Grant Agreement to be added to the City's request for FY 2014/2015 bringing the total award for the City of Naples Pier Major Renovation to $892,000; and WHEREAS, the Board of County Commissioners desires to fund the Projects as serving valid and worthwhile public purposes and finds that these project expenditures promote tourism. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK. GRANTEE prepared detailed applications and proposals outlining the Project to be accomplished, along with a project budget, as part of the grant application N, Packet Page -849- 6/24/2014 16.A.20. process, hereinafter referred to as "Proposals," attached as Exhibits "A -1 and A -2 ". GRANTEE shall provide the project activities outlined in the Proposal within the budgeted amounts provided in the Proposal. GRANTEE shall not be reimbursed for any expenditures not included in the Proposal nor be reimbursed for amounts in excess of those provided in the Proposal 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 eight hundred fifty -three thousand three hundred seventy -one dollars ($853,371.00). The GRANTEE is authorized to use an additional $200,000 for the major renovation of the Naples Pier as awarded in the 2013/2014 Grant Agreement. This brings this year's total grant award to $1,053,371. GRANTEE shall be paid in accordance with the fiscal procedures of COUNTY upon submittal of invoices 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 "A," 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 2 Q_<;' Packet Page -850- 6/24/2014 16.A.20. received prior to receipt of any further payments. COUNTY shall not pay GRANTEE until the Clerk of 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 "A ". 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 "B ". 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, 3 cq Packet Page -851- 6/24/2014 16.A.20. with a current A. M. Best financial rating of "Class VI" or higher, and provide General Liability Insurance for no less than the following amounts: Bodily Injury Liability - $300,000 each claim per person Property Damage Liability - $300,000 each claim per person Personal Injury Liability - $300,000 each claim per person Worker's Compensation and Employer's Liability — Statutory The Certificate of Insurance must be delivered to the County Manager, or his designee, within ten (10) days of execution of this Agreement by COUNTY. GRANTEE shall not commence activities which are to be funded pursuant to this Agreement until COUNTY has received the Certificate of Insurance. 6. CHOICE OF VENDORS AND FAIR DEALING. GRANTEE may select vendors or subcontractors to provide services as described in Proposal. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and subcontractors and/or vendors, including, but not limited to, similar or related employees, agents, officers, directors and /or shareholders. COUNTY may, in its discretion, object to the reasonableness of the expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION. To the extent permitted by law, GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the 4 9 Packet Page -852- 6/24/2014 16.A.20. named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. GRANTEE'S obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or GRANTEE'S limit of, or lack of, sufficient insurance protection. 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: A. William Moss, Naples City Manager City of Naples 735 Eighth Street South Naples, Florida 34102 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: Gary McAlpin, Director Coastal Zone Management Collier County Government 2800 N. Horseshoe Drive Naples, Florida 34104 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 5 9 Packet Page -853- 6/24/2014 16.A.20. 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 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. This Agreement is also subject to the Board of County Commissioners amending the Tourist Development Tax Ordinance No. 92 -60, as amended, with a super majority vote to authorize the allocation of funds for major renovation of the Naples Pier. 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. 6 Packet Page -854- fq� 6/24/2014 16.A.20. 15. TERM. This Agreement shall become effective on October 1, 2013, and shall remain effective until ninety (90) days after completion of the Project described in Exhibit "A ", but no later than September 30, 2015. 16. AMENDMENTS. This Agreement may only be amended in writing by mutual agreement of the parties and after recommendation by the Tourist Development Council. 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. 18. RECORDATION. This Agreement shall be recorded in the public records of Collier County, Florida. 7 Packet Page -855- 6/24/2014 16.A.20. 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: ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk Approved as to form and legality: oc L LEEN M. GREENE 2 Assistant County Attorney ATTEST: PATRICIA L. RAMBOSK„ City Clerk Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, Chairman (corporate seal) CITY OF NAPLES JOHN F. SOREY III, Mayor ROBERT D. PRITT, City Attorney Printed/Typed Name 8 (ADO., Packet Page -856- Beach Maintenance EXHIBIT "A" BUDGET — CITY OF NAPLES Requested $160,922.00 Naples Pier Annualized Repair and Maintenance $692,449.00 Naples Pier Major Renovation (carry forward from FY 2013/2014) $200,000.00 AGGREGATE TOTAL Packet Page -857- $1,053,371.00 6/24/2014 16.A.20. 6/24/2014 16.A.20. EXHIBIT `B" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE ( ) REQUEST PERIOD FROM TO REQUEST# ( ) INTERIM REPORT TOTAL CONTRACT AMOUNT S ( ) FINAL REPORT EXPENSE BUDGET REIMBURSEMENT REOUESTED 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. Packet Page -858- SIGNATURE Packet Page -859- TITLE 6/24/2014 16.A.20. 6/24/2014 16.A.20. From: McAIDinGary To: CasalanauidaNick: MarcellaJeanne: HambriahtGail Subject: FW: TDC Category "D" funds for the repairs to the Naples Pier Date: Thursday, June 12, 2014 3:13:33 PM Gail, Please add this as Attachment E to 16D21, the Naples Pier Ordinance revision ES scheduled for 6/24 and 7/8 . Gary From: Bill Moss [mailto:bmoss @naplesgov.com] Sent: Thursday, June 12, 2014 2:54 PM To: McAlpinGary Cc: OchsLeo; Mayor John Sorey III; Dave Lykins Subject: TDC Category "D" funds for the repairs to the Naples Pier Mr. McAlpin: You have requested formal acknowledgement from the City of Naples that TDC Category "D" funds would not be requested for repairs to the Naples Pier for the next four years. We appreciate the willingness of Collier County staff, the advisory committees, and the Board of County Commissioners to allow the carry - forward of $200,000 granted to the City this fiscal year for significant repairs to the Naples Pier, and the allocation of an additional $693,000 to fund this major repair initiative. As our request for financial assistance worked its way through the review and approval process, we recognized the extraordinary steps taken to fund our request. We further acknowledge our agreement that we would not request capital funding for the Naples Pier in future years by acknowledging the theoretical "advancement" of future allocations for the pier improvements. We therefore acknowledge that we will not request funding for capital improvements to the Naples Pier for Fiscal Year 2014 -15 through Fiscal Year 2017 -18. We assume such commitment is not intended to preclude application for funds for emergency repairs caused by catastrophic events. We also assume such commitment will not be applicable to other facilities, such as upgrades of the existing restroom facilities near the Pier. Again, thank you. Bill Moss City Manager City of Naples bmoss _ naplesaov.com Packet Page -860- 6/24/2014 16.A.20. Under Florida Law, e -mail addresses are public records, If you do not want your e -mail address released in response to a public reccras request; do not send electronic mail to this entity, Instead, contact this office by telephone or in writing, Packet Page -861-