Backup Documents 05/26/2009 Item #10K
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 0 /(
TO ACCOMPANY ALL ORJGINAL DOCUMI':NTS SENT TO
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ROUTING SLIP
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already complete with the exception of the Chainuau's signature, draw a line Ihrough rouling lines #Ilhrough #4, complete the
checklist and forward to Sue Filson (line #S)
.
Route to Addressee(s) Office Initials Date
(List in routino order"
I.
2.Heidi Ashton County Attorney's Otlice
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4,
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5. 5. r'L:m, Executive Manager Board of County Commissioners /{A..- IIt/b/oJ
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PRIMARY CONTACT INFORMATION
('I'll.:: primary contact is lh~ holdl.-'r oflhc original <kl<:U~'TIt pending BC.'C approval Normally the primary ...xmta..1 is l.he person who LTcah'ld!prepared th.:: exccutiw
summary. Primary con\act tnformaliou is needed i.n th..:: event one "fthc addresse~ above, induding Sue Filwn. need 10 c\mtat..1 \>1.atlfor additional Of missing
information. All original documents n.ceding the 13('(' Chainnan's signature an~ to 1'1<: ddiwn:d to the Bee otric..:: only an......,. t1~ Bee has ackd to approve th~
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INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A(Not
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by the Office of the County Attomey. TIus includes signature pages from ordinances,
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Chainnan and Clerk to the Board and possibly State Officials.)
2. All handwritten strike.through and revisions have been initialed by the County Atlomey's
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I: Forms! County Forms/ BCC Forms.! Original Document... Routing Slip
WWS Original 9-<>3-04
10 K
MEMORANDUM
Date:
November 17, 2009
To:
Gail Hambright
Coastal Zone Management
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
2010 Tourism Agreement with the City of Naples
Attached, find please find one of the document as referenced above,
(Agenda Item #10K, adopted by the Board of County Commissioners on
Tuesday, May 26, 2009.
An original has been sent to the Recording Department and will receive a recorded copy
from them.
Uyou have any questions, please call 252-841 L
Thank you,
Enc10users
I NSTR 4364681 OR 4511 PG 167
RECORDED 11/18/20093.28 PM PAGES 8
DWIGHT E BROCK
COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $69 50
2010 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 I' t (\ ) "-'---.'
10 K .,
2009, 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 01'$128,460.00 for the City of Naples Projects for fiscal year
2009.2010 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 CONSlDERA TlON, [T [S MUTUALLY
AGREED AS FOLLOWS:
L SCOPE OF WORK, GRANTEE prepared detailed applieations 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. PA YMENT AND REIMBURSEMENT. The aggregate maximum reimbursement under
this Agreement shall be One Hundred Twenty Eight Thousand FOllr Hundred Sixty and No/IOO
10 K ~
($128,460,00). GRANTEE shall be paid in accordance with the fiscal procedures of COUNTY
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 invoicc 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 performanee of the services invoiced. GRANTEE shall certify in writing that aIJ
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 invoiees 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 deseribed in Section] wiIJ 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
2
10 K
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. PA YMENT 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 tinal status
report or other final report acceptable to County. All invoices and requests for payment
including the tinal payment must be received within sixty 60 days of tennination of this
Agreement. Any invoices of requests not received in this time frame shall be returned to the
Grantee and rejected for payment.
5.
fNSURANCE.
GRANTEE is required to submit a Certificate of Insurance nammg
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 lieensed in the State of Florida and provide General Liability Insuranee for
no less than the following amounts:
Bodily Injury Liability. $300,000 eaeh 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.
3
10 K
6. CHOICE OF VENDORS AND FAIR DEALING. GRANTEE may select vendors or
subcontractors to provide services as described in Section 1. COUNTY shall not bc 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. INDEMNIFICATlON. To the extent permitted by law, GRANTEE shall hold harmless
and defend COUNTY, and its agents and employees, from any and all suits and aetions including
attorney's fees and all eosts 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 ot: 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
4
10 K
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
W. Harmon Turner Bldg, Suite 103
330 I East Tamiami Trail
Naples, Florida 34]]2
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 eonstitute
GRANTEE, or its vendor or subeontractor. as an agent or employee of COUNTY.
10. TERMlNA nON, COUNTY or GRANTEE may cancel this Agreement with or without
cause by giving thirty (30) days advance written notice of such tern1ination pursuant to Section 7
and specifying the effective date of tennination. If COUNTY terminates this Agreement,
COUNTY will pay GRANTEE for all expenditures ineurred, 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 ace urate
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. A V AILABILlTY OF RECORDS. GRANTEE shall maintain records, books, documents,
papers and Jjnaneial information pertaining to work performed under this Agreement.
GRANTEE agrees that COUNTY, or any of its duly authorized representatives, shall, until the
5
10 K
expiration of three (3) years after final payment under this Agreement, have aceess to, and the
right to examine and photocopy any pertinent books, documents, papers, and records of
GRANTEE involving transactions related to this Agreement.
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. TERtvL This Agreement shall become etfective on October 1, 2009, and shall remain
effective until sixty (60) days after completion of the Project described in Exhibit "A", but no
later than September 30, 20 I 0,
15. AMENDMENTS. This Agreement may only be amended in writing by mutual agreement
of the parties and after recommendation by the Tourist Development CouneiL
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 ofthis Agreement as provided in Seetion 14, TERM.
17, RECORDATION, This Agreement shall be recorded in the public records of Collier
County, Florida.
IN WITNESS WHEREOF, GRANTEE and COUNTY have eaeh respeetively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
~~ii~~ I \ 1\ b \Qi
D WI GHT.f} ..BRoci: '(Clerk
~~
,.~.t~.,.~.,!J" ','
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
(1
1// ~ /.'
BY:_~~ ...t<:.!.iC,t:
DONNA FIALA. Chairman
, "
,}U
6
Approved as to form and
legal sufficiency:
~ m idux2&-
Colleen M. Greene /
Assistant County Attorney
ATTEST:
Approved as to form and
legal sufficiency:
I'll Ur) ~
(/<,,, ~ \ 1\1,(\
ROBE T D. PRITT, City Attorney
(corporate seal)
GRANTEE
CITY OF NAPLES
B,ff/:2;r~
BILL BARNETT, Mayor
~~7/lfWd6 ~
sIgnature
J1\ \ {~( r f'ht2~~
Printed/Typed Name
(2) ~t.{~
si ature
J Co!; ,iCA l., I{ 0 ;..f..jj!..J~ a...("
Printed/Typed Name
7
10 K ~i
EXHJBlT "A"
BUDGET - CITY OF NAPLES
Beach Maintenance
Naples Pier Annualized Repair and Maintenance
1n K
$73,460.00
$55,000.00
AGGREGATE TOTAL
$128,460.00
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