Agenda 09/09/2014 Item #16A35 9/9/2014 16.A.35.
EXECUTIVE SUMMARY,
Recommendation to approve the correction to two scrivener errors on the 2014 Tourism
Agreement between Collier County and the City of Naples for FY 15 Category "A" City of Naples
Projects including the City of Naples Pier Repair.
OBJECTIVE: Recommendation to approve the correction to two scrivener errors on the 2014
Tourism Agreement Between Collier County and the City of Naples for FY Category "A" City
of Naples.
CONSIDERATIONS: At the BCC June 10, 2014 meeting (Agenda Item 16A19), the Board
approved the 2014 Tourism Agreement between Collier County and the City of Naples for
2014/2015 grant funding. The total dollar amount of this agreement is $853,371 and has not
changed from the amount approved at the June 10, 2014 BCC meeting. This grant is broken
down as follows:
• Naples Beach Maintenance $160,922.00
• FY 2014/2015 Pier Rebuild $692,449.00
TOTAL $853,371.00
The amount of$692,449 is a portion of the funding required for the Naples pier rebuild. The
total cost of the pier rebuild is $892,449. A total of$200,000 was approved in FY 2013/2014
and will carry forward with the$692,449 approved in FY 2014/2015 to fund the entire project.
A scriveners' error occurred in the second (2nd) WHEREAS clause under RECITALS. The
language is corrected as follows:
"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$8927,000$892,449;and"
The second correction is found on page 7, paragraph 15 and corrects the effective date of the
Agreement to October 1, 2014.
FISCAL IMPACT: Funding for the project is budgeted in the 2014/2015 195 Budget.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan
related to this action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires majority vote for approval.—CMG
RECOMMENDATION: Recommendation to approve the correction to two scrivener errors on
the 2014 Tourism Agreement Between Collier County and the City of Naples for FY Category
"A"City of Naples Projects.
Prepared By: J. Gary McAlpin,P.E.,Coastal Zone Management,Natural Resources Department
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Attachments: 2014/2015 Grant Agreement
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.35.
Item Summary: Recommendation to approve two scrivener errors on the 2014 Tourism
Agreement between Collier County and the City of Naples for FY Category"A" City of Naples
Projects including the City of Naples Pier Repair.
Meeting Date: 9/9/2014
Prepared By
Name: HambrightGail
Title:Accountant, Coastal Zone Management
8/8/2014 3:39:18 PM
Submitted by
Title:Accountant, Coastal Zone Management
Name: HambrightGail
8/8/2014 3:39:19 PM
Approved By
Name:LorenzWilliam
Title: Director-CDES Engineering Services,Natural Resources
Date: 8/11/2014 8:27:01 AM
Name: PuigJudy
Title: Operations Analyst,Community Development&Environmental Services
Date: 8/11/2014 11:46:43 AM
Name: Tara Castillo
Title:Management/Budget Analyst,Road Maintenance
Date: 8/14/2014 2:14:13 PM
Name: McAlpinGary
Title:Manager-Coastal Management Programs,Coastal Zone Management
Date: 8/15/2014 11:23:02 AM
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Name: ShueGene
Title: Director-Operations Support,Transportation Administration
Date: 8/18/2014 10:37:00 AM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 8/19/2014 10:26:46 AM
Name: StanleyTherese
Title: Manager-Grants Compliance, Grants Management Office
Date: 8/20/2014 8:05:20 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 8/21/2014 10:17:34 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 8/21/2014 2:55:38 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 8/21/2014 3:00:04 PM n
Name: OchsLeo
Title: County Manager,County Managers Office
Date: 8/25/2014 2:20:47 PM
•
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2014 TOURISM AGREEMENT BETWEEN COLLIER COUNTY
AND THE CITY OF NAPLES FOR FY 14/15 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 S8-9231400$892,449; and
WHEREAS, the Board of County Commissioners desires to fund the Projects as serving
valid and worthwhile public purposes and finds that these projects 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
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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
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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. GRAN'T'EE 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,
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with a current A. M. Best financial rating of"Class VP, 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
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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:
Mr. William Moss, 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
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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.
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15. TERM. This Agreement shall become effective on October 1, 204- 2014, 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.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
[SIGNATURE PAGE TO FOLLOW]
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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
DWIGHT E. BROCK, Clerk
By:
, Deputy Clerk TOM HENNING, CHAIRMAN
Approved as to form and legality:
LLEEN M. GREENE
Assistant County Attorney
CITY OF NAPLES
ATTEST:
By:
JOHN SOREY III, Mayor
PATRICIA L. RAMBOSK, City Clerk
WITNESSES:
Approved as to form and
legal sufficiency: (l)
signature
ROBERT D. PRITT, City Attorney Printed/Typed Name
(2)
signature
(corporate seal) Printed/Typed Name
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EXHIBIT "A"
BUDGET—CITY OF NAPLES
Requested
Beach Maintenance $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
$1,053,371.00
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EXHIBIT "B"
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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