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Agenda 09/15/2009 Item #16D 5 Agenda Item No. 1605 September 15, 2009 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to approve a budget amendment in the amount of $285,797 to fund payment to the City of Naples under the Interlocal Agreement for Reciprocal Beach Parking for FY FY09 OBJECTIVE: To provide free beach parking for all County and City residents at all County and City beaches. CONSIDERATIONS: On November 18, 2008 the Board of County Commissioners entered into a new Interlocal Agreement with the City of Naples allowing residents from unincorporated Collier County to use and enjoy all of the City's Parks, Recreational facilities and Recreational Programs. This new interlocal agreement includes the monies that Collier County would pay for maintenance and allows unincorporated residents to use the City's beaches. Terms of the November 18, 2008 Interlocal Agreement call for the County to pay the City an annual fee of $1,000,000 in exchange for allowing the same use of all of its Parks, Recreational facilities and Recreational Programs to residents of unincorporated Collier County on the same terms and condition as those afforded the residents of the City, including City beaches. A $500,000 payment shall be paid to the City no later than March 31 of each fiscal year and the remainder of $500,000 shall be paid no later than September 30 of each fiscal year. The City of Naples' final invoice for fiscal year 2007/2008 was received after September 30, 2008, at which time the unexpended funds for FY 07/08 had been returned to the Reserves. Therefore the final invoice submitted by the City of Naples for FY07/08 was paid with FY 08/09 funds reducing the $1,000,000 budgeted. To ensure payment as per the Interlocal Agreement additional funds in the amount of $285,797 are required to fulfill our commitment. FISCAL IMPACT: Funds are budgeted for FY 08/09 in Fund 111 and Fund 001. The first invoice received from the City of Naples per Interlocal Agreement was paid from Fund 111 in the amount of $500,000. The final invoice to be paid from Fund 001 requires an additional $285,797 due to the late receipt of the City of Naples invoice for FY 07/08 at which time unexpended funds reverted to Carryforward Staff has prepared a budget amendment appropriating $285,797 from various Parks and Recreation Operating Budgets to fund the final payment due for FY 08/09. GROWTH MANAGEMENT IMPACT: No growth management impact is associated with this project. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, requires simple majority vote, and is legally sufficient for Board action. CMG Agenda Item No. 1605 September 15, 2009 Page 2 of 7 RECOMMENDATION: That the Board of County Commissioners approve the attached Budget Amendment in the amount of $285,797 allowing the final 2008/2009 payment to the City of Naples as per Interlocal Agreement. PREPARED BY: Ilonka E. Washburn, Operations Manager, Parks and Recreation ~ ~e>- ~ -~ . Agenda Item No. 1605 September 15, 2009 Page 3 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16D5 Recommendation to approve a budget amendment in the amount of $285,797 to fund payment to the City of Naples under the Interlocal Agreement for Reciprocal Beach Parking for FY 08 and FY09 9/15/200990000 AM Item Summary: Meeting Date: Approved By Kerry Runyon Regional Manager Date Public Services Parks and Recreation 8/20/2009 11 :34 AM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 8/20/2009 2:40 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 8/21/2009 1 :11 PM Approved By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 8/21/20093:14 PM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 8/24/200910:35 AM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 8/24/2009 2:01 PM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 8/25/200912:11 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County County Manager's Office 8/26/20095:32 PM Commissioners .C'..1_ IJ.,....,.\A__,__l_~..~\... ~ \ ... "Ai C'l 1\ / '"" r\ 1 ~ n / """ A...." ^ ^ 1"\\ ... r t\ / '"" ^ ,.-... ,-........ Tn -.-.-,. T'-'-"" / I'"'l ^ ol ......--.t T""..... T A 'i"\. 1,-.,. A. A " Agenda Item No. 1605 September 15, 2009 Page 4 of 7 INTERLOCAL AGREEMENT BETWEEN COllIER COUNTY AND THE CITY OF NAPLES REGARDING PARKS AND RECREATION THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into as of this ,~~ day of _ \.f~'J~~ , 2008, by and between Collier County, Florida ("County") and the City of Naples, Florida ("City"). RECITALS: WHEREAS, residents from the unincorporated arcas of Collier County currently enjoy recreating within facilities owned and operated by the City of Naples, including but not limited to, Fleischman Park and beach areas and related parking areas within the City of Naples: and WHEREAS, the parties have over the years entered into separdte interlocal agreements concerning the City's Parks and Recreational areas, including but not limited to an Intcrlocal Agreement for City-County Beach Parking, recorded at OR Book 3563, Pg 1889, whieh agreement expired September 8, 2008; and WHEREAS, Collier County and the City wish to enter into a long ternl agreement which would allow residents from unincorporated Collier County to use and enjoy all of the City's Parks, Recreational facilities and Recreational Pro):,'Tams, on the same basis as those afforded to City residents; and WHEREAS. the City is willing to allow the use of all of its Parks, Recreational Facilities and Recreational Programs to residents of unincorporated Collier County on the same terms and conditions as those afforded to residents of the City in exchange for an annual payment by the County in the sum of S 1,000,000, as adjusted in the manner set ("(mh below. WIT:"JESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parti es agree as follows: 1. All of the above RECITALS arc true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. Agenda Item No. 1605 September 15, 2009 Page 5 of 7 2. This Agreement shall become effective as of October 1, 2008, and, unless otherwise modified by written agreement, will end Septemher 30, 2018. After the third year, either party may terminate this Agreement by written notice to the other, at least 180 days prior to the end of each fiscal year. 3. County residents shall be afforded the same rights and privileges as those granted to City residents to utilize all City Parks, Recreational facilities, and Recreational Programs, and shall pay the same fees and have access to the same parking as City residents. 4. With respect to beach access: A. The City and the County hereby continue their established reciprocal beach parking program whereby all residents of Collier County may obtain a bcach parking sticker valid for free parking at any County or City beach parking location. B. The City will operate a beach patrol and maintenance program within the City to provide for beach and beach parking regulation enforcement, beach and beach parking cleanup, and beach and beach parking maintenance. C. For the term of this Agreement the City agrees to provide at least] 048 parking spaces located at street beach ends or City Beach Parks that will be available for vehicles of County residents with valid beach parking stickers. These spaces may be metered, restricted for permit parking, or handicapped parking spaces as determined by the City. All spaces regardless of designation will be made equally available at no cost to City and County residents. 5. The first and second year payments (FY 2009 and FY 20] 0) to the City shall be $1,000,000 (one million dollars) for each fiscal year. Commencing October 1,2010, and each fiscal year thereafter, this pa}1nent will be adjusted, upward or downward, by multiplying the $1,000,000 base payment by an adjustment factor. The adjustment factor will be the ratio of ad valorcm taxcs paid to the County's General Fund by property owners located within the City in the fiscal year just ended, divided by the ratio of ad valorem taxes paid to the County's General Fund by property owners located within the City during the fiscal year ending September 30, 2008. 6. A $500,000 payment due shall be paid to the City not later than March 3 I of each fiscal year. The remainder of the annual payment shall be paid not later than September 30 of 2 Aaenda Item No. 1605 ~September 15, 2009 Page 6 of 7 each fiscal year; this remainder payment shall be computed using the ratio identified in Section 5 above. \ offices: 7. All notices required under this Agreement shall be directed to the following For the County: Office orthe County \1anager 3301 East Tamiami Trail Naples, Florida 34112 For the City: Office of the City Manager 735 Eighth Street South Naples. Florida 34102 8. With respect to the subject matter herein, this Agreement is the entire agreement between the parties. superseding all previolls oral and \vritten representations, understandings, and agreements between the parties. This Agreement can only be changed hy a writing signed hy both parties. The County shall record this Agreement at its sole cost in the Public Records of Collier County. year tirst above written. IN \\Tf:\ESS WHEREOF, the parties hereto have set their hands and seals the day and ATTEST: . ) .' . : I';'A~A_ ".....<f J" ~./;..,~~~:\ ~ f Iv L-t.::~/t--"C"'<'-!~. ~(!]".' 'lara A. :-.iorman. City Clerk-'" ATTEST: D\\.'IGHT E. BRQCK. Clerk . I" '\11(').......... ,.. ",. \." \, ~., " '. ,. 'J" .... ';r:-' ~...,..,. ....:" "'. By: ~~~Q.(. AttKt .~ .~ ~flerk - '1~ OII~ ,j ,-;:: . r ,~~,,:..;~',..:. .' i'-;...t. . " . - '. Appr to fon.n;;:' and 1 ijJ~-dy: CITY OF NAP~L ____~L- ~ ~y: _~:d:!dl / ~ BILL BAR~ETT, MAYOR BOARD OF COMMISSIO]\;ERS COLLIER COUNTY, LORIDA B~ TOM HE~NI~G. CHA MAN Date 11118/0f{ Approved as to form and legal sufficiency: ...{" I I Robert D. Pritt, City Attorney 3 ~e!lW Item No. 1605 ORIGINAL DOCUl\IENTS CHECKLIST & ROUTING ~.BlI.Jlfember 15, 2009 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO Page 7 of 7 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to origina.l document. Original documents should be haod delive1'ed 1.0 the Board Office. TIle completed routing slip and original documents are to be forwarded to the Board Office only ~ the Board has taken action on the item.) 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 exce tion of the Chairman's si w.re. draw a line !brou h routin lines #1 throu h #4. com lete the checklist. and forward to Sue Filson (tine #5). Route to Addressee(s) Office Initials Date (List in rouun order) 1. ::;;i{y~ 2. (The primary contact is the holder of the original document pending Bce approval. Normally the primary contact is the person who created/prepared tbe executive S\lIIIIIlalY, Primary contact iufonnatian is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signatUTC are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Contact \genda Date Item was A roved b ' the BCC Type of Document Attached )( I..tt +LMW ~ 10M :L Yes (Ini tial) N/A (Not A licable) 3. IN ,rJ L Forms! County Forms! BCe Forms! Original Documents Routing Slip \VWS Original 9.03.04, Revised 1.26.05. Revised 2.24.05 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Phone Number Agenda Item Number Number of Original Documents Attached (.(.~ tv+ 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro nate. Original document has been signed/initialed for legal sufficiency. (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 ossibly Stale Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exee t the BCC Chairman and lhe 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 ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's sittnature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BeC office within 24 hours of BCC approval. 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! The.document was.approved-by..theBCCon 01 (enter-date) and aU-changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chanp'es, if a licable. 2. 3. 4. 5. 6.