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Agenda 10/23/2018 Item #16D 110/23/2018 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to execute Amendment No. 1 to the Memorandum of Understanding (MOU) between Collier County and the City of Naples for the completion of the 8th Avenue South Beach Park Improvements, extending the project through September 30, 2019. OBJECTIVE: To extend the MOU between Collier County and the City of Naples to complete the 8th Avenue South Beach Park Improvements through September 30, 2019. CONSIDERATIONS: The City of Naples received a grant from the Tourist Development Council (TDC) for the use of Category “A” Beach Park Facility Fund (183) funds for Naples 8th Avenue South, Beach Park Improvements. Collier County and the City of Naples entered into an MOU on October 10, 2017, to work together on these improvements which include replacing the retaining wall at the entrance to the park, reconstruct some portion of the existing wheelchair ramp to meet Americans with Disabilities Act (ADA) specifications, and construct an ADA-compliant wheelchair ramp on the west side of the park. Due to delays caused by Hurricane Irma and choosing to avoid extensive work during season, the City of Naples requested to extend the MOU through September 30, 2019. There is no additional cost associated with this extension of time. The MOU has been approved and signed by the City of Naples. FISCAL IMPACT: The project is fully funded in TDC Beach Park Facilities Fund (183), Project 80369, City of Naples 8th Avenue Beach Improvement for $200,000. GROWTH MANAGEMENT IMPACT: No Growth Management impact is associated with this action. LEGAL CONSIDERATIONS: This Item is approved as to form and legality and requires majority vote for approval. -CMG RECOMMENDATION: To approve and authorize the Chair to execute Amendment No. 1 to the MOU between Collier County and the City of Naples for the completion of the 8th Avenue South Beach Park Improvements, extending the project through September 30, 2019. Prepared By: Carrie Drew, Operations Analyst, Parks and Recreation Division ATTACHMENT(S) 1. 2017-18 Tourism Agreement (signed) (PDF) 2. Amendment #1 2017 Tourism Agreement - CC & City of (PDF) 16.D.1 Packet Pg. 809 10/23/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.1 Doc ID: 6970 Item Summary: Recommendation to approve and authorize the Chairman to execute Amendment No. 1 to the Memorandum of Understanding (MOU) between Collier County and the City of Naples for the completion of the 8th Avenue South Beach Park Improvements, extending the project through September 30, 2019. Meeting Date: 10/23/2018 Prepared by: Title: – Public Services Department Name: Todd Henry 10/04/2018 2:30 PM Submitted by: Title: Department Head - Public Services – Public Services Department Name: Steve Carnell 10/04/2018 2:30 PM Approved By: Review: Parks & Recreation Ilonka Washburn Additional Reviewer Completed 10/04/2018 2:38 PM Public Services Department Kimberley Grant Level 1 Reviewer Completed 10/05/2018 9:04 AM Parks & Recreation Barry Williams Additional Reviewer Completed 10/05/2018 4:52 PM Public Services Department Todd Henry Level 1 Division Reviewer Completed 10/08/2018 8:19 AM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 10/08/2018 1:34 PM County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 10/09/2018 4:44 PM County Attorney's Office Emily Pepin CAO Preview Completed 10/10/2018 9:13 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/10/2018 10:21 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/10/2018 10:32 AM Budget and Management Office Ed Finn Additional Reviewer Completed 10/12/2018 6:14 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/14/2018 5:58 PM Board of County Commissioners MaryJo Brock Meeting Pending 10/23/2018 9:00 AM 16.D.1 Packet Pg. 810 1601 2017-18 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND T}IE CITY OF NAPLES FOR FY 17 CATEGORY'A" CITY OF NAPLES NAPLES 8M AVE. SOUTH BEACH PARK IMPROVEMENTS by and between the City ofNaples, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision ofthe State ofFlorida, hereinafter referred to as "COLINTY'. RECITALS: WHEREAS, CITY has submitted applieations for Category "A" Tourist Development Tax Funds in the aggregate amount of Two Hundred Thousand Dollars ($200,000.00) for the City ofNaples' Sth Ave. South Beach Park Improvements for fiscal year 2017-2018 as described in Exhibit "A" to this A$eement ("Project"); and WHEREAS, the COIINTY desires to fund the Project as a valid and worthwhile public purpose and finds that these expenditures promote tourism. NOW, TMREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED }IEREIN 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 process, hereinafter referred to as "Proposal," attached as Exhibit "A." GRANTEE shall provide the project aclivities 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 ofthose provided in the Proposal unless an amendment to this Agreement is entered into by GRANTEE and COUNTY. THIS AGREEMENT is made and enrered inro this Sday or 0tlObp f , zorz, |NSTR 5462587 0R 5442 PG 3632 RECORDEO 10/2412017 4:19 PM PAGES I DWGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $78.00 16.D.1.a Packet Pg. 811 Attachment: 2017-18 Tourism Agreement (signed) (6970 : Naples Beach MOU Extension) 1601 2. PAYIV{ENT AND REIMBI,RSEMENT. The aggegate maximum reimbursement under this Agreement shall be Two Hundred Thousand Dollars and No/100 ($200,000.00). GRANTEE shall be paid in accordance with the fiscal procedures of colJNTY upon submittal ofan invoice and upon verification that the services described in the invoice are completed or that goods have been received. 2'lGRANTEEshalldeterminethatthegoodsandserviceshavebeenproperlyprovided and shall submit invoices to the County Manager or his desigree. The County Manager, or his desigpee, 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 the 86 Ave. South Beach Park Improvements, attached as Extribit "B,' shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordaoce with this Agreement' 2.2 Each invoice submitted by GRANTEE shall be itemized in suffrcieat detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt ofgoodsorperformanceoftheservicesinvoiced.GRANTEEshallcertifrinwritingthatall 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 of the Board of county commissioners pre-audits payment invoices in accordance with the law. 2.3GRANTEEshallbepaidforitsachralcostnottoexceed0temaximumanount budgeted pursuant to the attached Exhibit 'B'' 3. ELIGIBLE EXPENDITURES. Only eligible expenditures described in Proposals will bepaitlbyCOUNTY.AnyexpenditurespaidbyCOUNTYwhicharelaterdeemedtobe 2[2005-001i 133366611] 16.D.1.a Packet Pg. 812 Attachment: 2017-18 Tourism Agreement (signed) (6970 : Naples Beach MOU Extension) 1601 ineligible expenditures shall be repaid to couNTY within thirty (30) days of colJNTY'S written request to repay said funds. collNTY may request repayment of funds for a period of up to one (1) year after termination ofthis Agreement or any extension or renewal thereof' 4.PAYMENTREQUESTS.Pa}meotrequeslsforinterimdrawsarrdfinalpaymentmust be submitted to the county in &e fonn of the Request for Funds form attached to this Agreement as Exhibit "C.', All payments are on a reimbursement basis only affer proof of paid invoices are presented to the county. county may wittrhold aoy interim draw for failure to provide the interim status report, and county shall withhold final payment until receipt of the final status rcportorotherfinalreportacoeptabletoCounty.Allinvoicesandrequestsforpayment including the final payment must be received within sixty (90) days of temination of this Agreement.Alyinvoicesandrequestsforpaymentnotreceivedinthistimeframeshallbe retumed to the Grantee and rejected for payment' 5. INSURANCE. GRANTEE is required to submit a certiicate of Insurance naming collier county, and its Board of county commissioners and the Tourist Development Council as additional insured. The insurance coverages identified in the certifrcate of Insruance shall be maintained without intemrption &om the date of com$encement of the Projeots until the date of completionofallProjectsrequiletlhereulderorasspecifiedinthisAgreement,whicheveris Ionger. The Certificate of Insuraoce shall be issued by a company lioensed in the State of FloridawithacurrentA.M.BestFinancialratingof..C]assVI''orhigher,andprovideceneral Liability tnsurance for no less than the followilg amount: Bodily Injury Liability - $300,000 each claim per person Property Damage Liability - $300'000 each claim per person Personal Injury Liability - $300,000 each claim per person Worker's Compensation and Employer's Liability - Statutory @[2005-001/1333666/1] 16.D.1.a Packet Pg. 813 Attachment: 2017-18 Tourism Agreement (signed) (6970 : Naples Beach MOU Extension) 1601 The Certificate of lnsuranse must be delivered to the County Manager, or his designee, viithin ten (10) days of execution of this Agreement by COLNTY. GRANTEE shall not commence activities which are to be funded pu$uant to this Agreement until COUNTY has received the Certifi cate of Insurance. 6. CHOICE OF VENDORS AND FAIR DEALING. GRANTEE may select vendors or subcontractors to Fovide 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 ard/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 expendihres and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableneSs of the expendih.nes shall be based on industry standard s. 7. INDEMNIFICATION. To the extent permitted by law, GRANTEE shall hold harrnless and defend couNTY, and its agents and employees, from any and all suits and actions including attomey's fees and all costs of litigation and judgrnents 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 ofthe named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. CRANTEE'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 ol or lack of, sufficient insumnce protection. However, nothing contained herein shall operate to waive the sovereign immuoity or limits of liability of either party' 4[2005-001i 1333666/rl 16.D.1.a Packet Pg. 814 Attachment: 2017-18 Tourism Agreement (signed) (6970 : Naples Beach MOU Extension) 1601 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, City Manager 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: Barry Williams, Director Collier County Parks and Recreation Depafiment 15000 Livingston Road. Naples, Florida 34109 BarryWilliams@colliergov.net 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 A$eement with or without cause by giving thirty (30) days advance written notice of such temrination pursuant to Section 8 and speci&ing the effective date of termination. If COUNTY terminates this Agreement, COUNTY will pay GRANTEE for all expenditures incurred, or conhactual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. I L GENERAL ACCOUNTING. GRANTEE is required to maintain complete and accurate accounting records and keep tourism tourist development tax funds in a separate ohecking [2005-001/1 333666/1] 16.D.1.a Packet Pg. 815 Attachment: 2017-18 Tourism Agreement (signed) (6970 : Naples Beach MOU Extension) 16 01 account'AllrevenuerelatedtotheAgreementshou]dberecorded,andallexpendituresmustbe incurred within the terms of this Ageement. 12. AVAILABILITY OF RECORDS. GRANTEE shall rnaintain records, books, documents' papers and financial information pertaining to work performed under this Agreement' GRANTEE a$ees that CoLINTY, or any of its duly authorized representatives' shall' until the expiration of tlfee (3) years after final payment under this A$eement' have acoess to' and the right to examine and photocopy any pertinent books' documents' papers' and records of GRANTEE involving ftnsactions related to this A$eement' 13. AVAILABILITY OF FIJNDS: This agteement is subject to the availability of Tourist Development Tax revenues. If for any reason towist ax funds are not available to fund all or part of this agreement, the COUNTY may upon written notice, at any time durilg the terirs of this agleement, and at its sole discretion, reduce or eliminate funding under this agteement' 14. PROHIBITION OF ASSIGNMENT. GRANTEE shall not assign, convey' or transfer in wholeorinpartitsinterestinthisAgreementwithoutthepriorwrittenconsentofCollNTY. ---*fi tp'-nrra. This Asreement shall become effectivei;.ffi. -ilr agreement shall become effective on OctoU.i t, ZO1Z and shall reraain effective until sixty (60) days after completion of the Project described in Exhibit "A", but no later than November 29 , 2018 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 additioml 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' [2@1001/1333666/1] . --*-'--/ o 16.D.1.a Packet Pg. 816 Attachment: 2017-18 Tourism Agreement (signed) (6970 : Naples Beach MOU Extension) 1601 18. RECORDATION. This Agreement shall be recorded in the public records of collier County, Florida. IN WITNESS WHEREOF, GRANTEE and cotNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year fust above written' BOARD OF COI.INTY COMMISSIONERS , FLORIDA (corporate seal) CITY OFNAPLES Approved as to form and legal sufficiency: 12005-001/1333666/1I 16.D.1.a Packet Pg. 817 Attachment: 2017-18 Tourism Agreement (signed) (6970 : Naples Beach MOU Extension) 8ft Ave. South Beach Park Improvements AGGREGATE TOTAL 1681 EXHIBIT *B- BUDGET _ CITY OF NAPLES $200,000.00 $200,000.00 [2005-001 /1 333666/1 ] lr 16.D.1.a Packet Pg. 818 Attachment: 2017-18 Tourism Agreement (signed) (6970 : Naples Beach MOU Extension) EVENTNAME ORGANIZATION ADDRESS CONTACT PERSON REQUEST PERIOD FROM REQUEST# O INTERIM REPORT () FINAL R.EPORT TOTAL CONTRACT AMOUNT $ EXPENSE BUDGET TOTALS SIGNATI,IRE 12005-001/1 333666i/1 l EXHIBIT "C" 1601 REQUEST FOR F'UNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL TELEPHONEO TO NOTE: Reimbursement of funds must stay lyithir the cotrIine3 of the Project Expenses outlined in your applicatio[. Copier of paid itrvolces, caucetled checks, terr sheets, prhted samples or other backlp informstion to iubstantlate payment ggg[ accomprny request for funds. Tbe fo[owing will not b€ accepted for pa]merts: statements in placi of invoices; checks or invoices Dot dated; te8r sheets withoul date, compsny or organizatiotrs name. A teaisheet is required for each ad for €acb d8y or Eonth of Publicatio[. A proof of an ad will oot be acc€pted. Esch additional request for paymeot subseque]lt to the lirst request, Grantee is required to submii-verilicetion in writing that all subcontraclors and yerdors have been paid for work and Bat€rials previously performed or received prior lo receipt ofany further paymeDts. If project budget has speclfic categories with set dotlar limits, the Grstrtee ls r€quired to include a spreadshe_et to strow wtrictr citegory each lnvoice is beirg paid from and total of category before payment can be -made to Grantee. OrganiLtions receiving fundilg should take into consideration that it wlll tske a maximum of 45 days for ibe County to process , check Furrishi6g fsls€ information may constitute, violation ofapplicable Sttte 8nd Federsl laws' CERTIFIaATION oF FINANaIAL OFFICER: I certify that the above itrformstion is correct based on our olficial accoulting system and records, colsistently applied and maiDlaiDed 8nd thst the cost showrl have beetr made for the puipose of and in accordance with, the terms of the co[tract. The funds requested are for reimbursement ofactusl cost made d[rirg this time period. 16.D.1.a Packet Pg. 819 Attachment: 2017-18 Tourism Agreement (signed) (6970 : Naples Beach MOU Extension) 16.D.1.b Packet Pg. 820 Attachment: Amendment #1 2017 Tourism Agreement - CC & City of (6970 : Naples Beach MOU Extension) 16.D.1.b Packet Pg. 821 Attachment: Amendment #1 2017 Tourism Agreement - CC & City of (6970 : Naples Beach MOU Extension)