Backup Documents 06/22/2010 Item #16D 3ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP' 6 D 3
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
ROUTING SLIP
Complete routing lines # 1 through #4 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 #4, complete the
-.—A G... —A t.. 6., rike . thin, list
Route to Addressee(s)
List in routing order
Office
Initials
Date
I.
appropriate.
(Initial)
Applicable)
2eie}i a4
County Attorney's Office
Agenda Item Number
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
4.
a.._
Number of Original
n
5. _ ecutiv lytanager
C� I °1;;
J.
Board of County Commissioners
Documents Attached
1 to
�f7
PRIMARY CONTACT INFORMATION
('the primary contact is the holder of the original doam nee pending ROC approval Normally the primary oxr l is the person who creatokprepared the executive
siunmary. Primary contact information is needed in the evert one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original docu m:nt% needing the IWC Chairman's signature are to he dehvemd to the RCC office only after the BCC has acted to approve the
Name of Primary Staff
Initial the Yes column or mans --N /A" in the Not Applicable column. whichever is
Phone Number
N/A (Not
Contact
appropriate.
(Initial)
Applicable)
Agenda Date Item was
Original document has been signed(initialed for legal sufticiencv. (All documents to be
Agenda Item Number
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
a.._
Number of Original
n
Attached
°%�'
Documents Attached
INSTRUCTIONS & CHECKLIST
1. Forms/ Comav Forms/ FCC Forms / Original hkscumeuts Routing Slip
WWSOriginal 9.03.04
Initial the Yes column or mans --N /A" in the Not Applicable column. whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applicable)
1.
Original document has been signed(initialed for legal sufticiencv. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances.
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike - through and revisions have been initiated by the County Attorney's
Office and ail other parties except the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract dale whichever is applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required
5.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are little sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of vour deadlines!
1. Forms/ Comav Forms/ FCC Forms / Original hkscumeuts Routing Slip
WWSOriginal 9.03.04
1603
Ujxurll � . l 1"
Date: November 16, 2010
To: Gail Hambright, Accountant
Coastal Zone Management
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: A FY 2010 -2011 Category "A" Tourism Agreement
between Collier County and the City of Naples
Attached, please find an original copy and a certified copy of the agreement referenced
above (Item #16D3) approved by the Board of County Commissioners on June 22, 2010.
The Minutes and Record's Department will hold the second original document for the
Board's Official Record.
If you have any questions, please call 252 -8406.
Thank you.
Attachment
16D3
2011 TOURISM AGREEMENT BETWEEN COLLIER COUNTY
AND THE CITY OF NAPLES FOR FY 10 CATEGORY "A" CITY OF
NAPLES PROJECTS.
THIS AGREEMENT is made and entered into this L day of
2010, 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 has submitted applications for Category "A" Tourist Development
Tax Funds in the aggregate amount of $130,850.00 for the City of Naples Projects for fiscal year
2010 -2011 as described in Exhibit A to this Agreement (the 'Projects "); and
WHEREAS, the COUNTY desires to fund the Projects as a valid and worthwhile public
purpose.
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
process, hereinafter referred to as 'Proposal," attached as Exhibit "A ". 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 One Hundred Thirty Thousand Eight Hundred Fifty and No /100
($130,850.00). GRANTEE shall be paid in accordance with the fiscal procedures of COUNTY
1603
upon submittal of an invoice and upon verification that the services described in the invoice are
completed or that goods have been received.
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.
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 of the Board of County Commissioners pre- audits payment invoices in accordance with
the law.
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 Section 1 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.
2
16D3
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 sixty 60 days of termination of this
Agreement. Any invoices of requests 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 certificate must be valid for the duration of this Agreement and be
issued by a company licensed in the State of Florida 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 Section 1. COUNTY shall not be responsible
3
1603
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
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:
Dr. Michael Bauer
City of Naples
280 Riverside Circle
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:
4
1603
Gary McAlpin, Director
Coastal Zone Management
W. Harmon Turner Bldg, Suite 103
3301 East Tamiami Trail
Naples, Florida 34112
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 7
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.
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.
E
16D3
13. 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.
14. TERM. This Agreement shall become effective on October 1, 2010, and shall remain
effective until sixty (60) days after completion of the Project described in Exhibit "A ", but no
later than September 30, 2011.
15. AMENDMENTS. This Agreement may only be amended in writing by mutual
agreement of the parties and after recommendation by the Tourist Development Council.
16. 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 14, TERM.
17. RECORDATION. This Agreement shall be recorded in the public records of Collier
County, Florida.
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.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
•mss. �,., ..(Zgy�ty Clerk FRED W. COYLE, CHAIRMAN
APProvW As ro I(?rm eT9
legal u ency ��
6
ATTEST:
TARA NORMAN, Co l rk
Approved as to form and
legal sufficiency:
2A� .
ROBERT D. 15RITT, City Attorney
(corporate seal)
7
16D3
GRANTEE
CITY OF NAPLES
� dw
> or Wi'h✓teSS
R,Qosee. Ato
Printed/Typed Name
1603
EXHIBIT "A"
BUDGET — CITY OF NAPLES
Beach Maintenance
$75,850.00
Naples Pier Annualized Repair and Maintenance $55,000.00
AGGREGATE TOTAL $130,850.00
1603
EXHIBIT "B"
REQUEST FOR FUNDS
COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL
EVENT NAME
ORGANIZATION
ADDRESS
CONTACTPERSON TELEPHONE( )
REQUEST PERIOD
REQUEST#
( ) INTERIM REPORT
FROM TO
TOTAL CONTRACT AMOUNT $
( ) FINAL REPORT
EXPENSE BUDGET
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