Backup Documents 11/13/2018 Item #16D19 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 D 1 q
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office JAK 11/13/18
4. BCC Office Board of County 1
Commissioners ��A/ \\\VA\\))
5. Minutes and Records Clerk of Court's Office 11 '‘q118 11:311
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Michelle Arnold,Public Transit& Phone Number 252-5841
Contact/Department Neighborhood Enhancement Division
Agenda Date Item was 11/13/18 Agenda Item Number 16-D-19
Approved by the BCC
Type of Document Waiver/Reimbursement Agreement Number of Original One
Attached Documents Attached
PO number or account n/a
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signa e STAMP OK JAK
2. Does the document need to be sent to another agency for itional signatures? If yes, JAK
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this JAK
routing slip should be provided to the County Attorney Office at the time the item is
input into MinuteTraq. Some documents are time sensitive and require forwarding
to Tallahassee within a certain time frame or the BCC's actions are nullified. Be
aware of your deadlines!
8. The document was approved by the BCC on 11/13/18 and all changes made during JAK N/A is not
the meeting have been incorporated in the attached document. The County an option for
Attorney's Office has reviewed the changes,if applicable. ''�; this line.
9. Initials of attorney verifying that the attached document is the version approved by e j -�S�K�Cx 14 is not
BCC,all changes directed by the BCC have been made,and the document is ready r the o ion for
Chairman's signature. 's I' e.
[04-COA-01081/1344830/IjI:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;
Revised 11/30/12
16019
MEMORANDUM
Date: November 14, 2018
To: Michelle Arnold, Director
Public Transit and Neighborhood Enhancement
From: Teresa Cannon, Sr. Deputy Clerk
Minutes & Records Department
Re: Waiver/Reimbursement Agreement
Attached, for your records, please find a copy of the original as
referenced above, (Item #16D19) adopted by the Board of County
Commissioners on November 13, 2018.
The Minutes and Record's Department will hold the original in the
Official Records of the Board.
If you have any questions, please contact me at 252-8411.
Thank you.
Attachment
16019
.4111..oaPart.,4. Florida Department of RickSco
Environmental Protection Carlos Lopez-Cantera
Marjory Stoneman Douglas Building Lt.Governor
? 3900 Commonwealth Boulevard
moo,° syi` Tallahassee,Florida 32399-3000 Noah Valenstein
o`° Secretary
November 2,2018
Michelle Edwards Arnold,Collier Counties Public Transit Director
Public Transit&Neighborhood Enhancement
3299 Tamiami Trail East,Suite 103
Naples, Florida 34112
Re: Delnor-Wiggins Pass State Park
Limited Period Day-Use Admission Fee
Waiver/Reimbursement Agreement
Dear Ms.Arnold:
We understand that Collier County(the"County")desires to continue to offer its visitors
and residents opportunities to utilize Delnor-Wiggins Pass State Park(the"Park")under
an admission fee waiver arrangement with the Florida Department of Environmental
Protection,Division of Recreation and Parks(the"Division").The Division desires to
increase public awareness of outdoor recreation opportunities within the Park and to
increase visitation to the Park.
As set forth in this Fee Waiver Agreement("Agreement"),the Division will waive the
customary day-use admission fees charged to visitors who enter the Park during the Term
of this Agreement(as such Term is hereinafter defined)using County designated
transportation. In exchange therefore,the County will promptly reimburse the Park the
day-use admission fees waived,as tallied in periodic sales reports delivered by the Park to
the County.
The County expects this arrangement to free residents and guests from having to obtain
prepaid entrance passes to the Park will stimulate tourism by attracting visitors to the Park
for outdoor recreation opportunities,and otherwise support the Collier County Tourist
Development Plan.The Division expects this arrangement to support the Division's goal of
promoting resource-based public recreational activities within the Park.
The County has designated the Collier Public Transit&Neighborhood Enhancement
("PTNE")to act as its agent for purposes of administering the fee waiver/reimbursement
program described herein(the"program"),and the Director of the PTNE shall have the
authority to do all acts necessary or deemed desirable by the County or the PTNE to
effectuate and perform the conditions of this Agreement.
Now therefore,with reference to the foregoing,the accuracy of which is confirmed by the
parties,the County and the Division mutually agree as follows:
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1. Term/Division Control.The term of this Agreement shall commence on but not
sooner than November 24,2018 and end on April 30,2019(the"Term"),subject to
suspension or termination as hereinafter set forth.The use of the Park by any and all
visitors under this program remains subject to all Park rules and regulations. Nothing in
this Agreement shall require the Division to open or operate the Park in any manner
contrary to the Division's Operations Manual and Park policies.The Division shall at all
times be the sole authority over Park access and activities conducted within the Park by
the visiting public.For example,the Park or portions thereof may be closed or limited as
the Division deems desirable to respond to disaster or emergency situations, provide
visitor and employee safety, resource protection,operational efficiency and facility
maintenance.
2. Entrance Fee Waiver.The Park's regular day-use admission fees are currently
$6.00 per vehicle with up to eight people,$4.00 for a single driver,and$2.00 for bikes and
pedestrians. Such fees may be changed from time to time by Division management.
During the Term,and subject to all conditions of this Agreement,the Division agrees to
waive such day-use admission fees for visitors who enter the Park at the designated
entrance area located on Gulf Shore Drive using County designated transportation.The
County agrees to reimburse and timely pay the Park any such waived fees pursuant to
sales reports described in Paragraph 7 below.
3. Limitation on Type of Fees Waived and Reimbursed. The fee waiver subject to
this Agreement is limited to the regular day-use admission fee(s)set forth in Paragraph 2
that the Park customarily charges a visitor for admission to the Park.Rule 62D-2.014(2)(b)
of the Florida Administrative Code and the Division's Operations Manual require the
Division to waive admission fees for certain representatives and individuals, school
groups,Division employees,etc.Those fee waivers are outside the scope of this
Agreement and are not subject to reimbursement from the County.Also,if the Division
elects to waive customary fees to Park visitors,those waivers are outside the scope of this
Agreement and are not subject to reimbursement from the County.
4. Other Usage Fees Shall Apply. It is not intended,and the Division shall not be
obligated to waive,any Park usage fees customarily charged to the public.For example,
fees related to the use of Park improvements and amenities,including but not limited to
camp site fees,cabin fees,hook-up fees,the cost of concessions,equipment rental,and
the like,are outside the scope of this Agreement and the Division may continue to charge
and collect such usage fees from any and all Park visitors.
5. Funding Appropriation/Maximum Cumulative Fee Waivers/Suspension,The
County agrees to appropriate the necessary funding for the program and to promptly pay
and reimburse the Park the waived fees as required by Paragraph 7 of this Agreement. In
the event the County has not appropriated the necessary funds to repay outstanding fees,
funding is exhausted or otherwise insufficient to pay the outstanding fees and pending
charges,the parties agree that this program will be temporarily suspended until the County
appropriates the necessary funding. The County shall notify the Park and the public of:(a)
the temporary suspension of this program until the County appropriates the necessary
funding,as well as(b)any termination of the program prior to the stated expiration of the
Term. Reinstatement of the program for the remainder of the Term shall be subject to the
County's payment of all outstanding fees,and such payment together
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with future day-use admission fee waivers during the remainder of the Term may not
exceed the limit of the County's new appropriation.
6. Fee.The PTNE agrees that as consideration for the privilege of operating transit
service to the Park under this Agreement,the PTNE shall pay the Department a fee of
$2.00 per passenger dropped off within the park,State and County Taxes inclusive.
7. Reconciliation and Reporting. Every month for the duration of this agreement,
the PTNE will pay the Department an amount equal to the per passenger fees incurred for
the preceding month. Payment shall be submitted no later than the 20th day of each
month and be accompanied by a report of sales compiled by the County.The report of
sales shall include the number of passengers transported to the Park using County
designated transportation,for whom fee waiver was requested per day each month. The
Division will maintain its own list of per passenger fees for which waiver is provided each
day,which can be reconciled with the report of sales provided by the County each month.
In the event of a discrepancy between the report of sales and Division figures,the parties
agree that this program will be suspended until the discrepancy can be reconciled. The
County shall notify the Park and the public of any suspension of this program until the
County reconciles any discrepancy so described, Reinstatement of the Program for the
remainder of the Term after any such suspension shall be subject to the County's payment
of all outstanding fees.
8. TDC Marketing.The TDC will market this program to the public through
advertisements placed in publications as it deems appropriate,such advertisements shall
be subject to the Park Manger's pre-approval and must specify the Term. Such marketing
and advertising shall be updated coincident with any changes to the program and for the
Term.A main purpose of the advertisement(s)shall be the attraction of tourists to the
Park.
9. Agreement Managers.The Division hereby designates the Park Manager as the
Division's agreement manager,who shall be responsible for insuring performance of the
terms and conditions of this Agreement.The County hereby designates the Director of the
Collier County Public Transit&Neighborhood Enhancement Division as the County's
Agreement manager,who shall be responsible for insuring performance of the terms and
conditions of this Agreement.
10. Notice Addresses. Invoices,sales reports,payments,and notices shall be
delivered via U.S. Mail to the parties at the following addresses:
If to the County: If to the Division:
Michelle Edwards Arnold, Director Terrance K.T.Torvund,Park Manager
Collier County Public Transit& Delnor-Wiggins Pass State Park
Neighborhood Enhancement Division
3299 Tamiami Trail East,Suite 103 11135 Gulfshore Drive
Naples,Florida 34112 Naples, Florida 34108
11. Public Records.The right of access to public records including as provided in
Article 1,Section 24,Florida Constitution and as contained within Chapter 119,Florida
Statutes takes precedence and is not restricted by any term herein. Public records
relating to this Agreement will be destroyed in accordance with the Florida Department of
State records retention schedule.
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(a) Additional Public Records Duties of Section 119.0701,F.S., if Applicable. If the
County is a'contractor'as defined in section 119.0701(1)(a),F.S.,the County shall
(1) Keep and maintain Public Records required by the Departmento perform the
service.
(2)Upon request,provide the Department with a coof requestedPublicR000rdmn,
allow the Public Records to be inspected or copied within a reasonable time at a
cost that does not exceed the cost provided in Chapter 119, F.S.,or as otherwise
provided by law.
(3)A Contractor who fails to provide the Public Records to the Department within a
reasonable time may be subject to penalties under section 119.10F.S.
(4)Ensure that Public Records that are exempt or confidential and exempt from Public
Records disclosure requirements are not disclosed except as authorized by law for
the duration of the Contract term and following completion of the Contract if the
Contractor does not transfer the Public Records to the Department.
(5) Upon completion of the Contract,transfer,at no cost,to the Department all Public
Records in possession of the Contractor or keep and maintain Public Records
required by the Department to perform the service. If the Contractor transfers all
Public Records to the Department upon completion of the Contract,the Contractor
shall destroy any duplicate Public Records that are exempt or confidential and
exempt from Public Records disclosure requirements. If the Contractor keeps and
maintains Public Records upon completion of the Contract,the Contractor shall
meet all applicable requirements for retaining Public Records.All Public Records
stored electronically must be provided to the Derttt from the
Department's custodian of Public Records,in a format specified by the Department
as compatible with the information technology systems of the Department.These
formatting requirements are satisfied by using the data formats as authorized in the
Contract or Microsoft Word,Outlook,Adobe,or Excel,and any software formats
the Contractor is authorized to access.
(6) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119,F.S.,TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THE CONTRACT, CONTACT THE
DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT:
Telephone: (850)245-2118
b|i cllus
Mailing Address: Department of Environment Protection
ATTN: Office of Ombudsman and Public
Services
Public Records Request
3900 Commonwealth Boulevard,MS 49
Tallahassee, Florida 32399
The Division may unilaterallterminate this Agreement upon the County's refusal
to allow public access to all documents,papers,letters or other material which is
subject to disclosure under Chapter 119,Florida Statutes,and made or received
by the County in conjunction with this Agreement.
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12. Termination.Any party seeking to terminate this Agreement must deliver written
notice to the other party at the address set forth in Paragraph 1 labove.
a. Termination for Convenience.Either party may terminate this Agreement for
convenience,and without cause,upon delivery of sixty(60)days advance written notice. If
the County terminates this Agreement for convenience,the County shall pay any and all
outstanding invoices in full on or before the last day of such 60-day period.The Division
will thereafter proceed to prepare and deliver a final invoice to the County for
reimbursement of all outstanding day use fees waived under this program.The County
shall pay such invoice within thirty(30)days of receipt.
b. Termination for Cause.Should the County breach or fail to comply with any
obligation arising under this Agreement,the Division,at its option,may elect to terminate
this Agreement by delivering three days advance written notice to the County.The Division
will thereafter proceed to prepare and deliver a final invoice to the County for
reimbursement of all outstanding day use fees waived under this program.The County
shall pay such invoice within thirty(30)days of receipt.
13. Sovereign Immunity.Neither party is waiving the protections and benefits of the
doctrine of sovereign immunity.
14. Non-Waiver.The delay of either party in enforcing a right arising under this
Agreement shall not constitute a waiver of such right.
15. Complete Agreement.This letter agreement contains the complete agreement of
the parties regarding the subject matter hereof and all prior communications,whether
written or verbal,are fully integrated into the terms contained herein.
THE REMAINDER OF THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK
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By affixing signatures below,both parties confirm their mutual understanding and
agreement to the program as described in this letter agreement, and each party has
caused this Agreement to be duly executed by an authorized representative on the day
and year last written below.
FLORIDA DEPARTMENT OF COLLIER CO B•.RD OF COU*
ENVIRONMENTAL PROTECTION COMMISSI• RS •
/
DIVISION OF RECREATION AND
PARKS s
By.,,- - - — : A '
By
Print Name: itA,;(41,61 1130-041112 Print Name,
Title: frArN_ rviioi Ai 114....,-A,4- Title:
Date: (t2---a Date:
Approved as to form and/legality: ATT sT:
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By: ''' '1 , I-il 1 'iiL
•r-i, .,_
Toni L.Sturtevant
Print Name: Print Namal"e-Nre-SOL C-641X1C)IVA
Title:Assistant General Counsel Title: DairthANI1/4„Cikt,_-- 4c-AL___ 's •
Date: 11/02/2018 Date: RI
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Aro-vtdta toi form and legality
Jeffrey A. t lat, ow,County Attorney
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DeputyIDt, Clerk
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