Backup Documents 09/28/2021 Item #16A13 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A 1 3 •
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
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 Attomey Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office CM 6- I l (1
4. BCC Office Board of County VI f `
Commissioners J 5( /
5. Minutes and Records Clerk of Court's Office 014) tt\11 12-D21 Z.1131
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 Andrew Miller
Contact/ Department
Agenda Date Item was 9/28/2021 Agenda Item Number 16.A.13
Approved by the BCC
Type of Document Agreement — Tourist Development Tax Grant Number of Original 1®
Attached Agreement Between Collier County and the City Documents Attached
of Naples—Category"A"City of Naples'Projects
-$403,600.00
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 signature STAMP OK FEB
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
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 FEB
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 N/A
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
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
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
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 06/08/2021 and all changes made during FEB 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. lis line.
9. Initials of attorney verifying that the attached document is the version approved by the tivA is not
BCC, all changes directed by the BCC have been made,and the document is ready for the ., option
Chairman's signature. this line.
I: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
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MEMORANDUM
Date: November 18, 2021
To: Andrew Miller, Manager
Coastal Management Program
From: Martha Vergara, Deputy Clerk
Minutes and Records Department
Re: TD Development Tax Grant Agreement between Collier County
And
City of Naples - Category "A"
Attached is a scanned copy of the document referenced above, (Item #16A13)
approved by the Board of County Commissioners on Tuesday, September 28,
2021.
The original has been held in the Minutes and Records Department for the Board's
Official Record.
If you have any questions, please contact me at 252-7240.
Thank you.
Attachment
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2021-2022 TOURIST DEVELOPMENT TAX
GRANT AGREEMENT BETWEEN
COLLIER COUNTY AND THE CITY OF NAPLES
CATEGORY"A"CITY OF NAPLES'PROJECTS
THIS AGREEMENT is made and entered into this/ r day off,07e41 3 , 2021,
by and between the City of Naples, ("GRANTEE")and Collier County, a/political subdivision of
the State of Florida,("COUNTY").
RECITALS:
WHEREAS, CITY has submitted two grant applications for Tourist Development Tax
Funds in the aggregate amount of Four Hundred and Three Thousand Dollars ($403,000) for the
City of Naples' Beach Cleaning and Maintenance Staff Salaries ($203,000.00) and for Naples
Pier Repair and Maintenance ($200,000.00) for fiscal year 2021-2022 as described in Exhibit
"A,"Grant Applications,to this Agreement(the"Projects");and
WHEREAS, the Coastal Advisory Committee and the Tourist Development Council
have reviewed the Grant Applications and made recommendations to approve funding these
expenditures and have also made recommended findings that these expenditures promote
tourism;and
WHEREAS, the Board of County Commissioners desires to fund the Projects with
Tourist Development Tax and finds that these expenditures promote tourism.
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 outlining the Projects to
be accomplished, along with a project budgets, as part of the grant application process, attached
as Exhibits "A." GRANTEE shall provide the project activities outlined in the Grant Application
GA
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within the budgeted amounts provided in the Grant Application. GRANTEE shall not be
reimbursed for any expenditures not included in the Grant Application nor be reimbursed for
amounts in excess of those provided in the Grant Application 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 Four Hundred and Three Thousand Dollars ($403,000.00). 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.
2.1 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 "B," shall constitute authorization of the
expenditure described in the invoices provided that such expenditure is made in accordance with
this Agreement.
2.2 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 to the Board of County Commissioners pre-audits payment invoices in accordance with the
law.
[19-CZM-00264/1634518/1 l 2
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2.3 GRANTEE shall be paid for its actual cost not to exceed the maximum amount
budgeted pursuant to the attached Exhibit"B."
3, ELIGIBLE EXPENDITURES, Only eligible expenditures described in Proposals 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,
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 "C." 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 ninety (90) days of termination of this
Agreement. Any invoices and requests for payment 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 insurance coverages identified in the Certificate of Insurance shall be
maintained without interruption from the date of commencement of the Projects until the date of
completion of all Projects required hereunder or as specified in this Agreement, whichever is
longer. The Certificate of Insurance shall be issued by a company licensed in the State of
19-CZM-00264/1634518/1) 3
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Florida, with a current A.M. Best Financial rating of"Class VI" or higher, and provide General
Liability Insurance for no less than the following 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
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 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 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
[19-CZM-00264/1634518/1] 4
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named GRANTEE,any subcontractor,or anyone directly or indirectly employed or authorized to
perform work by any of them.
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:
Nick Roberts, MR CPRP Director
Community Services Department,City of Naples
280 Riverside Circle
Naples, Florida 34102
nroberts@naplesgov.com
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:
Andrew Miller,Manager
Coastal Zone Management
Collier County Government
2685 S. Horseshoe Drive
Naples,Florida 34104
Andrew.Miller@colliercountyfl.gov
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 8
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.
[19-CZ.M-00264/1634518/1) 5
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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 recorde
d,ed, 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.
13. AVAILABILITY OF FUNDS: This Agreement is subject to the availability of Tourist
Development Tax revenues. If for any reason tourist tax funds are not available to fund all or
part of this Agreement, the COUNTY may upon written notice, at any time during the terms of
this Agreement,and at its sole discretion,reduce or eliminate funding under this Agreement.
14. 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.
15. TERM. This Agreement shall become effective on October 1, 2021 and shall remain
effective until sixty (60) J
daysp after completion of the Project described in Exhibit "A", but no
later than November 30, 2022.
16. AMENDMENTS.This Agreement may only be amended in writing by mutual agreement
of the parties and after recommendation by the Tourist Development Council if appropriate, i.e.
pertaining to the expenditure of Tourist Development Tax.
(19-C2M-00264/1634518/11 6
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17. REQUEST FOR EXTENSION. Any request for additional time to complete the Projects
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 15,TERM.
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.
DATED:Noverr,ber I-112021 BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER OUNTY,FLORIDA
CRYSTAL Kinzel, Clerk
_' 1 By: 01,4411____
A�Q 8S±0��?� i1'�Z'l��eputy rk P nny Taylorairman
Approved as to form and
legality:
(it -
�C lleen M. Greene
Managing Assistant County Attorney
ATTEST:
��;;��a (corporate seal)
"• ,�Z k ' CITY OF NAPLES
i `, • i�.R cr <'
'.
',AA.TRIC.:A iFt4IV t SK, City Clerk
" =• Teresa Heitmann, Mayor t
Approved as'Io- rm all('
legal ssuuf9 .iency: -
�/
Nan y Stupa ch, City ttomey / 1
[19-CZM-00264/I634518/I] 7
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EXHIBIT "A"
COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL
CATEGORY "A" GRANT APPLICATION
2022 Beach Renourishment and Pass Maintenance
Naples Beach Maintenance
(Project Title)
1. Name and Address of Project Sponsor Organization:
City of Naples
735 Eighth Street South
Naples,Florida 34102
2. Contact Person,Title and Phone Number:
Name:Mike Leslie, Community Services Interim Director
Address: 280 Riverside Circle
City: Naples State: FL ZIP: 34102
Phone: 239/213-7120 FAX: 239/213-7130 Email: mlesliera naplesgov.com
3. Organization's Chief Elected Official and Title:
Hon. Teresa Heitmann,Mayor
4. Details of Project-Description and Location:
Description: This is an annual TDC funded project essential for support of maintenance on local
beaches. The City is responsible for the upkeep and grooming of TDC eligible beaches within the
City limits. Under this project, the City removes litter, accumulation of algae and rocks along public
access beach portions of the Gulf within the City's jurisdictional limits. Funding is a benefit to both
residents and tourist populations, and to the preservation of the beach, shoreline and its overall
appearance and investment. This year's request includes the partial reimbursement for
beach maintenance equipment operator, landscape tech's and service workers salaries. FY21 total
costs for beach maintenance personnel is $350,781 for salaries only, plus benefits. Requested
amount of$203,000 is an increase from last year's approved amount of $197,000 to cover the
annual salary increases for the beach maintenance staff.
Location: Signification coordination of effort continues between the City and Collier County
concerning beach maintenance. The project boundary location is from southernmost State-permitted
beach cleaning area within the City's jurisdictional boundary northward to Clam Pass in Collier
County.
5. Estimated project start date: October 1,2021
6. Estimated project duration: 12 Months
7. Total TDC Tax Funds Requested: $203,000
8. If the full amount requested cannot be awarded, can the program/project
be restructured to accommodate a smaller award?
Yes () No(X)
16A13
Collier County Tourist Development Council
Category "A"Grant Application -Page 2
Naples Beach Maintenance
(Project Title)
PROJECT BUDGET
PROGRAM ELEMENT AMOUNT
TDC Funds Requested $203.000
City/Taxing District Share $
State of Florida Share $
Federal Share $
TOTAL $203.000
PROJECT EXPENSES:
(Engineering,Mobilization, Contractor, Monitoring etc)
Beach Maintenance Staff Salaries $ 203,000
TOTAL $ 203,000
1 have read the Tourist Development Category "A" Beach Funding Policy covering beach
renourishment and pass maintenance and agree that my organization will comply with all
guidelines and criteria.
2-10-2021
Charles T. Chapman IV,City Manager Date
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EXHIBIT A
ADDITIONAL INFORMATION
ELIGIBILITY: Beach Maintenance activities will take place on beach area that are least 80%
classified as eligible under the TDC guidelines. The project boundary location is from
southernmost State-permitted beach cleaning area within the City's jurisdictional boundary to Clam
Pass in Collier County.
ORGANIZATIONAL CAPACITY: The City of Naples will be the primary recipient and lead
agency for controlling and completing all aspects and activities proposed in this grant application.
The City will remain the lead agency for the duration of funding and will be the sole point of
contact for all matters related to this proposal. The City has the managerial and financial capability
to ensure proper planning,management, and completion of the project described in this application.
BUDGET ASSURANCES: Dual Compensation: If a City project staff member or consultant is
involved simultaneously in two or more projects, the staff will not be compensated for more than
100%of their time for any such dual involvement.
PROJECT LOCATION MAP:
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1iJ11111)11 C1
COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL
CATEGORY "A"GRANT APPLICATION
2022 Beach Renourishment and Pass Maintenance
Naples Pier Annualized Repair and Maintenance
(Project Title)
1. Name and Address of Project Sponsor Organization:
City of Naples
735 Eighth Street South
Naples, Florida 34102
2. Contact Person,Title and Phone Number:
Name:Nick Roberts,Community Services Director
Address: 280 Riverside Circle
City: Naples State: FL ZIP: 34102
Phone: 239/213-7120 FAX: 239/213-7130 Email: nrobertsta napleseov.com
3. Organization's Chief Elected Official and Title:
Hon. Teresa Heitmann, Mayor
4. Details of Project-Description and Location:
Description: This annual TDC funded project includes labor, material, supplies and equipment for
the upkeep and safety of the pier. The Naples Pier is a public access beach facility and a tourist
attraction and destination. The pier structure has a shoreline erosion control and beach preservation
effect. The public safety through the continued maintenance of the Naples Pier is of paramount
importance.Repair and maintenance issues include the Naples Pier structure,wooden deck, railings,
restrooms, concession building, shade structures, storage facilities, light fixture replacement,
painting, staining, fish cleaning tables, as well as water and electrical systems and other areas
related to the Naples Pier.
The Pier, a historically significant structure originally constructed in 1887, serves as a public access
beach facility, as a major tourist attraction and vacation destination. The Naples Pier captures out-
of-county and local visitors as well as tourist populations from through-out the region and world.
Location: The project location is at the 12th Avenue South terminus beach end. Please refer to Project
Location Map found in Exhibit A below.
5. Estimated project start date: October 1,2021
6. Estimated project duration: 12 Months
7. Total TDC Tax Funds Requested: $200.000
Collier County Tourist Development Council
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Category "A"Grant Application -Page 2
Naples Pier Annualized Repair and Maintenance
(Project Title)
8. If the full amount requested cannot be awarded, can the program/project
be restructured to accommodate a smaller award?
Yes () No
PROJECT BUDGET
PROGRAM ELEMENT AMOUNT
TDC Funds Requested $200.000
City/Taxing District Share $ _.
State of Florida Share $
Federal Share $__
TOTAL $200.000
PROJECT EXPENSES:
(Engineering,Mobilization, Contractor,Monitoring etc)
Labor.Repair. Maintenance. Supplies. Materials $200.000
TOTAL $200.000
I have read the Tourist Development Category "A"•Beach Funding Policy covering beach
renourishment and pass maintenance and agree that my organization will comply with all
guidelines and criteria. .,
Dana A.Souza,Int.hm City Manager Date
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EXHIBIT A
ADDITIONAL INFORMATION
ELIGIBILITY: The pier structure is no more than one-half mile from a public beach facility,
public access point, and hotel or motel facilities and is on a beach area classified as eligible.
ORGANIZATIONAL CAPACITY: The City ofNaples will be the primary recipient and
lead agency for controlling and completing all aspects and activities proposed in this grant
application. The City will remain the lead agency for the duration of funding and will be the
sole point of contact for all matters related to this proposal. The City has the managerial and
financial capability to ensure proper planning, management, and completion of the project
described in this application.
BUDGET ASSURANCES: Dual Compensation: If a City project staff member or consultant
is involved simultaneously in two or more projects, the staff will not be compensated for more
than 100%of their time for any such dual involvement.
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EXHIBIT"B"
BUDGET—CITY OF NAPLES
Naples Pier Repair and Maintenance $200,000.00
Beach Cleaning and Maintenance
Staff Salaries $203,000.00
AGGREGATE TOTAL $403,000.00
(18-CZM-00284/1634518/1)
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EXHIBIT "C"
REQUEST FOR FUNDS
COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL
EVENT NAME
ORGANIZATION
ADDRESS
CONTACT PERSON _ TELEPHONE ( )
REQUEST PERIOD FROM TO
REQUEST#
( )INTERIM REPORT ( ) FINAL REPORT
TOTAL CONTRACT AMOUNT$
EXPENSE BUDGET REIMBURSEMENT REQUESTED
TOTALS
NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined hi 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
[19-CZM-00264/1634518/1)