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Agenda 07/07/2015 Item #16F2 Proposed Agenda Changes Board of County Commissioners Meeting July 7, 2015 Add On Item 12B: Recommendation to approve and accept a proposed Settlement Agreement to finally resolve all Collier County claims in the matter of In re: Oil Spill by the Oil Rig"Deepwater Horizon"in the Gulf of Mexico on April 20, 2010 now pending in the United States District Court for the Eastern District of Louisiana,Case No.MDL 2179 Section J. (County Attorney's request) Move Item 16F8 to Item 11F: Recommendation to approve Amendment#1 to contract 15- 6433 Production of the Tourism Guide to Miles Media Group,LLLP,authorize the Chairman to execute the County Attorney approved amendment,and make a finding that this expenditure promotes tourism. (Commissioner Taylor's request) Move Item 16D16 to Item 11G: Recommendation to approve the recommendation to modify the endowment related to the County's acceptance of properties donated to Conservation Collier as offsite preservation under the Land Development Code (LDC) Section 3.05.07,H.1.f.iii.a.and b. (Commissioner Henning's request) Move Item 16F4 to Item 11H: Recommendation to approve the First Amendment to the Agreement between the Southwest Florida Economic Development Alliance,Inc.and the Board of County Commissioners. (Commissioner Henning's request) Add On Item 16H5: Recommendation to appoint a member to the Collier County Planning Commission. (Commissioner Hiller's request) Note: Item 16D7— Page two of the agreement under the paragraph entitled"administrative costs", the specified dollar amount should read: ' • . . . • - • • • six- thousand four-hundred fourteen($6,414). (Staffs request) Item 16F2— Legal name of C-2 Grant Organization should read: Southwest Florida Holocaust Museum.Inc. (Staffs request) Time Certain Items: Item 9A to be heard at 9:45 a.m.,followed by Item 9B Item 11E to be heard at 11:00 a.m. Item 9F to be heard at 1:30 p.m.,followed by Item 11D Item 9C to be heard at 5:05 p.m.,followed by Item 9D Item 12A to be heard immediately following Item 9D 7/7/2015 16.F.2. EXECUTIVE SUMMARY Recommendation to approve Tourism Development Grant Application Agreements for FY 16 Category B ($35,000) and Category C -2 ($40,000) Grants, authorize the Chairman to sign, and make a finding that this action promotes tourism. OBJECTIVE: Approve grant agreements for Tourist Development Tax Category B and C -2 grant applications for FY 16. CONSIDERATIONS: Tourism Grant Applications were made available on our County Tourism website in March and were due April 17, 2015. In accordance with the Grant Guidelines, the applications were reviewed by Tourism Department staff to verify they met the Grant Guidelines and then by the County Attorney's Office for legal sufficiency. Based on these reviews, Tourism staff made suggestions on the funding level for each applicant. The Tourist Development Council (TDC) then reviewed the grant applications on May 28, 2015 and recommended 6 -0 that the Board of County Commissioners approves the funding as follows: Category "B"- Marketing & Events Grants ArtsNaples World Festival, Inc. — Recommended Funding of $25,000 This 501 c (3) organization has received grant funding for the past three years to promote their May multi- venue, multi- discipline festival. Their first festival in 2012 featured Russian music and culture. The second year they featured Latin American music and culture. The third year theme was the music, food and culture of Italy. The 2015 festival just completed featured French music, food and culture. The past funding was as follows: FY 15 $25,000, FY 14 $25,000; FY 13 $50,000; FY 12 $15,000. ArtsNaples World Festival is requesting $25,000 to promote the 2016 festival which will be themed "The Best of All Worlds" with over 45 events featuring French, Italian, Russian and Latin cultures. Funds will be used in out -of- Collier County on -line print media, targeted e- blasts in Florida Concert, Organiste.net and others. Matching funding will come from corporate and individual donations, foundation grants totaling $340,000. The applicant is projecting 12,400 overnight visitors, 6,340 hotel room nights, $412,100 in TDT revenue and visitor spending of $7,758,600. The TDC and staff recommend funding of $25,000 for FY 16. Naples, Marco Region of Antique Automobile Club of America, Inc. (AACA) — Recommended Funding of $10,000 This 501 c (4) organization is a first time applicant. Their request is for promotional assistance with the AACA Winter National Meet in conjunction with Walker VoTech School in Naples. Funding will be used for national and Florida specific advertising in antique auto magazines and websites. The organization is projecting 1100 overnight visitors, 1,000 hotel room nights. They have not projected TDT revenue or visitor spending. The TDC and staff recommend funding for FY 16 at $10,000 for this first time event. Packet Page -2116- 7/7/2015 16.F.2. Category C -2- Non County Owned /Operated Museums Southwest Florida Holocaust Museum, Inc. — Recommended Funding of $40,000 The Holocaust Museum & Education Center of SW Florida is a 501 c (3) organization and has received grant funding for ten years. The past few years approved funding has been: FY 15 $50,000, FY 14 $20,000 FY 13: $32,500; FY 12 $50,000. This year's request is for $40,000 to promote a seven month series of exhibits at the museum entitled "Why History Matters - Then and Now ", to help visitors make better informed choices. October - December - "Picture Book History- Telling the Story to Children ". January-April - "At War's End- The Nuremberg Trials and Displaced Persons Camps ". The events will be featured on the Museum's website with links to the CVB website for destination information. For 2014, the museum reports 1,949 overnight visitors, 9,745 room nights, $428,021 in visitors spending and $740,476 in economic impact. In 2013 the museum attracted 5,934 visitors. The grant funding will be used for production and media placement in TV, radio and print in markets out of Collier County. They will also promote through tour operators and European media. The TDC and staff recommend $40,000 in funding for FY 16. FISCAL IMPACT: Funding for Category B marketing grants in the amount of $35,000 and for Category C -2 of $40,000 is included in the proposed FY 16 Tourism Department's budget. ADVISORY BOARD RECOMMENDATION: The Tourist Development Council recommended approval of this item 6 -0 at the June 22, 2015 meeting. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires majority vote for approval. — CMG RECOMMENDATION: Recommendation to approve Tourism Development Grant Application Agreements for FY 16 Category B ($35,000) and Category C -2 ($40,000) Grants, authorize the Chairman to sign, and make a finding that this action promotes tourism. SUBMITTED BY: Jack Wert, Tourism Director Attachments: Category B and C -2 Grant Agreements Packet Page -2117- 7/7/2015 16.F.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.F.16.F.2. Item Summary: Recommendation to approve Tourism Development Grant Application Agreements for FY 16 Category B ($35,000) and Category C -2 ($40,000) Grants, authorize the Chairman to sign, and make a finding that this action promotes tourism. Meeting Date: 7/7/2015 Prepared By Name: GreenKelly Title: Tourist Development Tax Coordinator, Tourism Division 6/23/2015 12:53:31 PM Submitted by Title: Division Director - Tourism, Tourism Division Name: WertJack 6/23/2015 12:53:33 PM Approved By Name: WertJack Title: Division Director - Tourism, Tourism Division Date: 6/23/2015 1:02:18 PM Name: GreeneColleen Title: Assistant County Attorney, CAO General Services Date: 6/23/2015 3:37:14 PM Name: KlatzkowJeff Title: County Attorney, Date: 6/24/2015 8:53:33 AM Name: FinnEd Title: Management/Budget Analyst, Senior, Office of Management & Budget Date: 6/24/2015 9:17:43 AM Packet Page -2118- 7/7/2015 16.F.2. Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 6/25/2015 1:48:13 PM Packet Page -2119- 7/7/2015 16. F.2. 2016 CATEGORY "B" TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND ARTS NAPLES WORLD FESTIVAL, INC. THIS AGREEMENT is made and entered into this day of 2015, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" and ArtsNaples World Festival, Inc. a Florida not - for - profit corporation, hereinafter referred to as "GRANTEE." WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Collier County Tourism Ordinance provides that certain of the revenues generated by the Tourist Development Tax are to be allocated to promote and advertise tourism within the State of Florida, nationally and internationally which encourages tourism; and WHEREAS, GRANTEE has applied to the Tourist Development Council ( "TDC ") and the County to use Tourist Development Tax funds for out of County promotion of "The Project," more specifically described herein; and WHEREAS, upon recommendation by the TDC, the Collier County Board of County Commissioners has approved the funding request of the GRANTEE and has authorized the Chairman to execute the Tourism Agreement. 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: (a) In accordance with the authorized expenditures as set forth in the Budget, attached hereto as Exhibit "D ", the GRANTEE shall expend the funds for the out of county promotion of the 2016 festival which will be themed "The Best of All Worlds" with over 45 events featuring French, Italian, Russian and Latin cultures ( "The Project "). 1 Packet Page -2120- Ne 7/7/2015 16.F.2. 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Twenty Five Thousand Dollars ($25,000). GRANTEE shall be paid in accordance with fiscal procedures of the County for the expenditures incurred as described in Paragraph One (1) herein upon submittal of a Request for Funds on the form attached hereto as Exhibit "B" and made a part hereof, and shall submit vendor invoices, copies of credit card receipts and statements and two -sided copies of cancelled checks, on -line bill pay transaction registers or other acceptable evidence of payment, original tear sheets of print ads, affidavit of broadcast dates and times, screen shots of on -line ads, or samples of printed materials to the Tourism Director or his designee, for review. Should these documents be unavailable, the GRANTEE may submit other legally viable evidence of payment subject to review and approval by the Clerk of the Court's Finance Department. (b) The Tourism Director or his designee shall determine that the invoice payments are authorized and that the goods or services covered by such invoice[s] have been provided or performed in accordance with such authorization. The budget attached as Exhibit "D" shall constitute authorization for the expenditure[s] described in the invoice[s]. (c) All expenditures shall be made in conformity with this Agreement. (d) The COUNTY shall not pay GRANTEE until the Clerk's Finance Department pre- audits all payment invoices in accordance with law. (e) GRANTEE shall be paid for its actual costs, not to exceed the maximum amount budgeted pursuant to the attached Exhibit "D." (f) Expenditures with publications, broadcast and brochure distribution that runs outside of Collier County (can also run in Collier County) will be reimbursed up to the percentage of listeners or circulation outside of Collier County. (g) Invoices for prepayment or for deposit on services will not be eligible for reimbursement. 2 Packet Page -2121- 7/7/2015 16. F.2. (h) Services or product must be delivered and paid for by GRANTEE between the effective dates of this agreement. (i) All requests for reimbursement must be received prior to September 30, 2016 to be eligible for payment. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in Paragraph One (1) will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2015 and September 30, 2016. (c) 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. (d) COUNTY may request repayment of funds for a period of up to three (3) years after termination of this Agreement or any extension or renewal thereof. 4. REPORTING REQUIREMENTS: (a) GRANTEE shall provide to County a Final Status Report on the form attached hereto as Exhibit "A" no later than October 15, 2016. (b) Each report shall identify the economic impact generated by the GRANTEE through the use of reports (Exhibit "A ") which identify the amount spent, the duties performed, the services provided, and the goods delivered since the previous reporting period. (c) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. (d) COUNTY may withhold any payments for failure of GRANTEE to provide the final status report and until the County receives the final status report or other report acceptable to the Tourism Director. Packet Page -2122- Q) 7/7/2015 16.F.2. (e) GRANTEE shall request that visitors to the ArtsNaples World Festival complete the visitor questionnaire attached to this Agreement as Exhibit "C ". 5. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming the Collier County Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance 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 (c) The Certificate of Insurance must be delivered to the Tourism Director or his designee with copies of the Agreement executed by GRANTEE. The GRANTEE shall not commence promotional or advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY and the Agreement is fully executed. 6. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph One (1). (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. (c) GRANTEE agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION: GRANTEE shall indemnify and hold harmless Collier County, its agents, officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or 4 Packet Page -2123- Cg 7/7/2015 16.F.2. intentionally wrongful conduct of the GRANTEE or anyone employed or utilized by the GRANTEE in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. 8. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Roy (Trey) D. Farmer III , Chairman and President ArtsNaples World Festival, Inc. P.O. Box 771176 Naples, FL 34107 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: Jack Wert, Tourism Director Collier County Tourism Department 2660 N. Horseshoe Drive Suite 105 Naples, Florida 34104 The GRANTEE and the COUNTY may change the 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 the COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE, or its vendors or subcontractors, as an agent or employee of the COUNTY. 10. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this Agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. 11. TERMINATION: 5 cq Packet Page -2124- 7/7/2015 16.F.2. (a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination specifying the effective date of termination. (b) If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the termination so long as such expenses are eligible. 12. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records. All revenue related to the Agreement must be recorded, and all expenditures must be incurred within the term of 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 term of this agreement, and at its sole discretion, reduce or eliminate funding under this agreement. 14. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement for a period of three (3) years. GRANTEE agrees that the 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 any transactions related to this Agreement. 15. 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 the COUNTY. 16. TERM: This Agreement shall become effective on October 1, 2015 and shall remain effective for one year until September 30, 2016. If the project is not completed within the term of this agreement, all unreleased funds shall be retained by the COUNTY. Any extension of this agreement beyond the one (1) year term in order to complete the Project must be at the express consent of the Collier County Board of County Commissioners. 17. The GRANTEE must request any extension of this term in writing at least sixty (60) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional ninety (90) days. 18. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Tourism Director or his designee by October 15, 2016. 6 Packet Page -2125- cq 7/7/2015 16.F.2. 19. REQUIRED NOTATION: All promotional literature and all print, broadcast and on -line media advertising where possible should contain the verbiage "A cooperative effort funded by the Collier County Tourist Development Tax" and/or display the CVB .logo and website url www.paradisecoast.com to qualify for reimbursement. 20. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. IN WITNESS WHEREOF, the COUNTY and GRANTEE have 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 Approved as to form and Legality: &--07Z, leen M. Greene Assistant County Attorney Tim Nance, Chairman WITNESSES: GRANTEE: Printed /Typed Name (2) ARTSNAPLES WORLD FESTIVAL, INC. • Printed/Typed Name Printed/Typed Name Printed/Typed Title 7 Packet Page -2126- c`�O 7/7/2015 16. F.2. EXHIBIT "A" Collier County Tourist Development Council Final Status Report (Due by Oct. 15, 2416) EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: On an attached sheet~ answer the following questions for each element in your scope of work. Final — These questions should be answered for your final status report. Was this a first time project? If not, how many times has this event taken place? What hotels /motels were utilized to support the project and how many? What is the total economic impact and revenue generated for this event? Total expenses. (Have all vendors been paid ?) List the vendors that have been paid, if not, what invoices are still outstanding and why? What is the number of participants that visited the project? What is the percentage of the total participants from out of Collier County? What problems occurred if any during the project event? List any out -of- county- advertising, marketing, and /or public relations that was used to support the project and attach samples. How could the project been improved or expanded? 8 Packet Page -2127- cq 7/7/2015 16. F.2. EXHIBIT "B" 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 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. 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 CHIEF OFFICIAL OR DESIGNEE: 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 9 Packet Page -2128- Go 7/7/2015 16.F.2. EXHIBIT "C" Naples Marco Everglades PARADISE COAST' VISITOR QUESTIONNAIRE Welcome to the Paradise Coast am. Thank you for choosing this area for your visit. Please take a few minutes to complete the following questions so that we can better serve the needs of future visitors to Florida's Last Paradise sm. PLEASE REFER TO OUR PARADISE COAST BROCHURES FOR THE LOCATION OF ALL AREA ATTRACTIONS. NAME: ADDRESS: CITY ST ZIP DATE OF ARRIVAL: DATE OF DEPARTURE: WHERE ARE YOU HOTEL/RESORT FRIENDS /FAMILY CONDOMINIUM STAYING? NAME OF HOTEL AND CITY /AREA: NAME OF CONDOMINIUM/TIMESHARE: # OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY = HOW DID YOU SELECT THE HOTEL/CONDOMINIUM? INTERNET( ) YOUR CHOICE ( ) TRAVEL AGENT ( ) OTHER: NUMBER OF MEALS YOU & YOUR GROUP WILL EAT OUT: Number of people in your party = Number of days of your visit = Number of meals eaten out each day = PLANNED AREA ACTIVITIES: (Please circle all that apply) ARTS & CULTURE WATER SPORTS NATURE von Liebig Art Center Beaches Everglades Tour Artis Naples Naples Pier County Parks Sugden Theatre Shelling National Park Naples Philharmonic Fishing State Parks Art Galleries Boating Corkscrew Swamp Other Kayaking Conservancy of SW Other FL Lake Trafford SHOPPING AND DINING Fifth Avenue South Third Street South Waterside Shops Venetian Bay Bayfront Tin City Other SIGHTSEEING Lunch /Dinner Cruise/ Sunset Cruise City Trolley Tour Everglades Tour Segway Tour Dolphin Cruise Other Other RELAXATION & ENTERTAINMENT Golf Spa Shelling Seminole Casino Lounges & Clubs Music Other FAMILY ATTRACTIONS Naples Zoo Naples Botanical Garden Fun 'n Sun Water Park Swamp Buggy Race Mini Golf County Museums Other 10 Packet Page -2129- �qo EXHIBIT "D" ArtsNapies World Festival, Inc. Project Budget Out of Collier County Area Advertising and Marketing Related Expenses To Promote the Project Total: 11 Packet Page -2130- 7/7/2015 16.F.2. Funding — Not to Exceed $25,000 $25,000 G 7/7/2015 16.F.2. 2016 CATEGORY "B" TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES/MARCO REGION OF ANTIQUE AUTOMOBILE CLUB OF AMERICA, INC. THIS AGREEMENT is made and entered into this day of 2015, by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY ") and Naples /Marco Region of Antique Automobile Club of America Inc., a Florida corporation, hereinafter referred to as "GRANTEE." WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Collier County Tourism Ordinance provides that certain of the revenues generated by the Tourist Development Tax are to be allocated to promote and advertise tourism within the State of Florida, nationally and internationally which encourages tourism; and WHEREAS, GRANTEE has applied to the Tourist Development Council ( "TDC ") and the County to use Tourist Development Tax funds for out of County promotion of the AACA Winter National Meet ( "The Project "); and WHEREAS, with the recommendation of the TDC, the Collier County Board of County Commissioners has approved the funding request of the GRANTEE and has authorized the Chairman to execute the Tourism Agreement. 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: (a) In accordance with the authorized expenditures as set forth in the Budget, attached hereto as Exhibit "D ", the GRANTEE shall expend the funds for the out of County promotion of The Project. 1 Packet Page -2131- 7/7/2015 16.F.2. 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Ten Thousand - Dollars ($10,000). GRANTEE shall be paid in accordance with fiscal procedures of the County for the expenditures incurred as described in Paragraph One (1) herein upon submittal of a Request for Funds on the form attached hereto as Exhibit `B" and made a part hereof, and shall submit vendor invoices, copies of credit card receipts and statements and two -sided copies of cancelled checks, on -line bill pay transaction registers or other acceptable evidence of payment, original tear sheets of print ads, affidavit of broadcast dates and times, screen shots of on -line ads, or samples of printed materials to the Tourism Director or his designee, for review. Should these documents be unavailable, the GRANTEE may submit other legally viable evidence of payment subject to review and approval by the Clerk of the Court's Finance Department. (b) The Tourism Director or his designee shall determine that the invoice payments are authorized and that the goods or services covered by such invoice[s] have been provided or performed in accordance with such authorization. The budget attached as Exhibit "D" shall constitute authorization for the expenditure[s] described in the invoice[s]. (c) All expenditures shall be made in conformity with this Agreement. (d) The COUNTY shall not pay GRANTEE until the Clerk's Finance Department pre- audits all payment invoices in accordance with law. (e) GRANTEE shall be paid for its actual costs, not to exceed the maximum amount budgeted pursuant to the attached Exhibit "D." (f) Expenditures with publications, broadcast and brochure distribution that runs outside of Collier County (can also run in Collier County) will be reimbursed up to the percentage of listeners or circulation outside of Collier County. (g) invoices for prepayment or for deposit on services will not be eligible for reimbursement. (h) Services or product must be delivered and paid for by GRANTEE between the effective dates of this agreement. ON Packet Page -2132- CA 7/7/2015 16.F.2. (i) All requests for reimbursement must be received prior to September 30, 2016 to be eligible for payment. 2. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in Paragraph One (1) will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2015 and September 30, 2016. (c) 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. (d) COUNTY may request repayment of funds for a period of up to three (3) years after termination of this Agreement or any extension or renewal thereof. 3. REPORTING REQUIREMENTS: (a) GRANTEE shall provide to County a final status report on the form attached hereto as Exhibit "A" no later than October 15, 2016. (b) Each report shall identify the economic impact generated by the GRANTEE through the use of reports (Exhibit "A ") which identify the amount spent, the duties performed, the services provided, and the goods delivered since the previous reporting period. (c) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. (d) COUNTY may withhold any payments for failure of GRANTEE to provide the final status report and until the County receives the final status report or other report acceptable to the Tourism Director. (e) GRANTEE shall request that visitors to the AACA Winter National Meet complete the visitor questionnaire attached to this Agreement as Exhibit "C ". 3 Packet Page -2133- 7/7/2015 16.F.2. 5. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming the Collier County Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance 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 (c) The Certificate of Insurance must be delivered to the Tourism Director or his designee with copies of the Agreement executed by GRANTEE. The GRANTEE shall not commence promotional or advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY and the Agreement is fully executed. 6. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph One (1). (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. (c) GRANTEE agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and /or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION: GRANTEE shall indemnify and hold harmless Collier County, its agents, officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable 4 Cq Packet Page -2134- 7/7/2015 16. F.2. attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the GRANTEE or anyone employed or utilized by the GRANTEE in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. 8. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Yvonne Rhoads, President Naples/Marco Region of Antique Automobile Club of America, Inc. 28 W. Pelican St. Naples, FL 34113 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: Jack Wert, Tourism Director Collier County Tourism Department 2660 N. Horseshoe Drive Suite 105 Naples, Florida 34104 The GRANTEE and the COUNTY may change the 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 the COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE, or its vendors or subcontractors, as an agent or employee of the COUNTY. 10. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this Agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. 5 Cq Packet Page -2135- 7/7/2015 16.F.2. 11. TERMINATION; (a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination specifying the effective date of termination. (b) If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the termination so long as such expenses are eligible. 12. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records. All revenue related to the Agreement must be recorded, and all expenditures must be incurred within the term of 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 term of this agreement, and at its sole discretion, reduce or eliminate funding under this agreement. 14. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement for a period of three (3) years. GRANTEE agrees that the 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 any transactions related to this Agreement. 15. 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 the COUNTY. 16. TERM: This Agreement shall become effective on October 1, 2015 and shall remain effective for one year until September 30, 2016. If the project is not completed within the term of 6 �a Packet Page -2136- 7/7/2015 16.F.2. this agreement, all unreleased funds shall be retained by the COUNTY. Any extension of this agreement beyond the one (1) year term in order to complete the Project must be at the express consent of the Collier County Board of County Commissioners. 17. The GRANTEE must request any extension of this term in writing at least sixty (60) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional ninety (90) days. 18. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Tourism Director or his designee by October 15, 2016. 19. REQUIRED NOTATION: All promotional literature and all print, broadcast and on -line media advertising where possible should contain the verbiage "A cooperative effort funded by the Collier County Tourist Development Tax" and/or display the CVB logo and website url www.paradisecoast.com to qualify for reimbursement. 20. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATu'RES ON NEXT PAGE] 7 Packet Page -2137- Cq 7/7/2015 16.F.2. IN WITNESS WHEREOF, the GRANTEE and COUNTY have 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 Approved as to form and Legality: &--Teen M. Greene Assistant County Attorney WITNESSES: Printed/Typed Name (2) Printed/Typed Name �: Tim Nance, Chairman GRANTEE: IvTAPLES/MARCO REGION OF ANTIQUE AUTOMOBILE CLUB OF AMERICA, INC. mm Printed/Typed Name Printed/Typed Title 8 Packet Page -2138- C�CA1: 7/7/2015 16.F.2. EXHIBIT "A" Collier County Tourist Development Council Final Status Report (Due by Oct. 15, 2016) EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: TITLE: PHONE: FAX: ------------------------------------------------------------------- ------------------------------------------------------------------- On an attached sheet, answer the following questions for each element in your scope of work. Final — These questions should be answered for your final status report. Was this a first time project? If not, how many times has this event taken place? What hotels /motels were utilized to support the project and how many? What is the total economic impact and revenue generated for this event? Total expenses. (Have all vendors been paid ?) List the vendors that have been paid, if not, what invoices are still outstanding and why? What is the number of participants that visited the project? What is the percentage of the total participants from out of Collier County? What problems occurred if any during the project event? List any out -of- county- advertising, marketing, and /or public relations that was used to support the project and attach samples. How could the project been improved or expanded? 9 Packet Page -2139- � 7/7/2015 16.F.2. EXHIBIT "B" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE ( ) REQUEST PERIOD REQUEST# FROM TO, ( ) 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 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. 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 CHIEF OFFICIAL OR DESIGNEE: 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 10 Packet Page -2140- ■ 7/7/2015 16.F.2. EXHIBIT "C" Naples Marco �Island Everglades PARADIGC COAST VISITOR QUESTIONNAIRE Welcome to the Paradise Coast am. Thank you for choosing this area for your visit. Please take a few minutes to complete the following questions so that we can better serve the needs of future visitors to Florida's Last Paradise sm. PLEASE REFER TO OUR PARADISE COAST BROCHURES FOR THE LOCATION OF ALL AREA ATTRACTIONS. NAME: ADDRESS: CITY ST ZIP DATE OF ARRIVAL: DATE OF DEPARTURE: WHERE ARE YOU HOTEL/RESORT FRIENDS /FAMILY CONDOMINIUM STAYING? Waterside Shops NAME OF HOTEL AND CITY /AREA: Venetian Bay NAME OF CONDOMINIUM/TIMESHARE: Bayfront # OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY = HOW DID YOU SELECT THE HOTEL/CONDOMINIUM? Dolphin Cruise INTERNET( ) YOUR CHOICE ( ) TRAVEL AGENT ( ) OTHER: NUMBER OF MEALS YOU & YOUR GROUP WILL EAT OUT: Number of people in your party = Number of days of your visit = Number of meals eaten out each day = PLANNED AREA ACTIVITIES: (Please circle all that apply) ARTS & CULTURE WATER SPORTS NATURE FAMILY von Liebig Art Center Beaches Everglades Tour ATTRACTIONS Artis Naples Naples Pier County Parks Naples Zoo Sugden Theatre Shelling National Park Naples Botanical Garden Naples Philharmonic Fishing State Parks Fun `n Sun Water Park Art Galleries Boating Corkscrew Swamp Swamp Buggy Race Other Kayaking Conservancy of SW Mini Golf Other FL County Museums Lake Trafford Other Other SHOPPING AND DINING SIGHTSEEING Fifth Avenue South Lunch /Dinner Cruise/ Third Street South Sunset Cruise Waterside Shops City Trolley Tour Venetian Bay Everglades Tour Bayfront Segway Tour Tin City Dolphin Cruise Other Other 11 y Packet Page -2141- 7/7/2015 161.2. EXHIBIT "D" Naples /Marco Region of Antique Automobile Club of America, Inc. Project Budget Out of Collier County area advertising and marketing related expenses to promote the Project Funding — Not to Exceed $10,000 Total: $10,000 12 Packet Page -2142- 7/7/2015 16.F.2. 2016 CATEGORY C -2 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND HOLOCAUST MUSEUM OF SOUTHWEST FLORIDA, INC. THIS AGREEMENT is made and entered into this day of , 2015, by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY ") and Holocaust Museum of Southwest Florida Inc., a Florida not - for - profit corporation, ( "GRANTEE ") WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Collier County Tourism Ordinance provides that certain of the revenues generated by the Tourist Development Tax are to be allocated to acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote museums owned and operated by not - for - profit organizations and open to the public; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds for GRANTEE'S marketing expenses to promote exhibits and festivals to attract visitors and enhance the quality of life for area residents; and WHEREAS, the Tourist Development Council ( "TDC ") has recommended funding for GRANTEE'S out of market advertising expenditures for the promotion of events to attract visitors; and WHEREAS, the Board of County Commissioners has made a finding that GRANTEE qualifies as a museum; and WHEREAS, upon recommendation from the TDC, the Collier County Board of County Commissioners has approved the funding request of the GRANTEE and has authorized the Chairman to execute the Tourism Agreement. 1 Packet Page -2143- CAO o 7/7/2015 16. F.2. 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: (a) In accordance with the authorized expenditures as set forth in the Budget, attached hereto as Exhibit "D ", the GRANTEE shall expend the funds for the promotion of GRANTEE'S marketing (hereinafter "the Project "). 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Forty Thousand Dollars ($40,000). GRANTEE shall be paid in accordance with the fiscal procedures of the County for the expenditures incurred as described in Paragraph One (1) herein upon submittal of a Request for Funds on the form attached hereto as Exhibit `B" and made a part hereof, and shall submit vendor invoices, copies of credit card receipts and statements and two -sided copies of cancelled checks, on -line bill pay transaction registers or other acceptable evidence of payment and performance, tear sheets of print ads, affidavit of broadcast dates and times, screen shots of on- line ads, or samples of printed materials to the Tourism Director, or his designee, for review. Should these documents be unavailable, the GRANTEE may submit other legally viable evidence of payment subject to review and approval by the Clerk's Finance Department. (b) The Tourism Director, or his designee, shall determine that the invoice payments are authorized and that the goods or services covered by such invoice[s] have been provided or performed in accordance with such authorization. The budget attached as Exhibit "D" shall constitute authorization for the expenditure[s] described in the invoice[s]. (c) All expenditures shall be made in conformity with this Agreement. 2 v Packet Page -2144- 7/7/2015 16.F.2. (d) The COUNTY shall not pay GRANTEE until the Clerk's Finance Department pre- audits all payment invoices in accordance with law, (e) GRANTEE shall be paid for its actual costs, not to exceed the maximum amount budgeted pursuant to the attached Exhibit "D." (f) Expenditures with publications, broadcast and brochure distribution that run outside of Collier County (can also run in Collier County) will be reimbursed up to the percentage of listenership or circulation outside of Collier County. (g) Invoices for prepayment or for deposit on services will not be eligible for reimbursement. (h) Services or product must be delivered and paid for by GRANTEE between the effective dates of this agreement. (i) All requests for reimbursement must be received by September 30, 2016 to be eligible for payment. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in Paragraph One (1) will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2015 and September 30, 2016. (c) 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. (d) COUNTY may request repayment of funds for a period of up to three (3) years after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: 3 Packet Page -2145- CAO 7/7/2015 16. F.2. (a) GRANTEE shall submit a Certificate of Insurance naming the Collier County Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance 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 (c) The Certificate of Insurance must be delivered to the Tourism Director or his designee with copies of the Agreement executed by GRANTEE. The GRANTEE shall not commence promotional or advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY and the Agreement is fully executed. 5. REPORTING REQUIREMENTS: (a) GRANTEE shall provide to County a final status report on the form attached hereto as Exhibit "A" no later than October 15, 2016. (b) Each report shall identify the economic impact generated by the GRANTEE through the use of reports (Exhibit "A ") which identify the amount spent, the duties performed, the services provided, and the goods delivered since the previous reporting period. (c) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. (d) COUNTY may withhold any payments for failure of GRANTEE to provide the final status report and until the County receives the final status report or other report acceptable to the Tourism Director. 4 Packet Page -2146- Ea 7/7/2015 16.F.2. (e) GRANTEE shall request that visitors to The Holocaust Museum of Southwest Florida complete the visitor questionnaire attached to this Agreement as Exhibit "C ". 6. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph One (1). (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. (c) GRANTEE agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and /or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION: GRANTEE shall indemnify and hold harmless Collier County, its agents, officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the GRANTEE or anyone employed or utilized by the GRANTEE in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. 5 Cq Packet Page -2147- 7/7/2015 16.F.2. 8. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Joan Hogan The Holocaust Museum of Southwest Florida, Inc. 4760 Tamiami Trail North Suite 7 Naples, Florida 34103 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: Jack Wert, Tourism Director Collier County Tourism Department 2660 N. Horseshoe Drive Suite 105 Naples, Florida 34104 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE, or its vendors or subcontractors, as an agent or employee of the COUNTY. 10. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this Agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. 11. TERMINATION: (a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination specifying the effective date of termination. C. Packet Page -2148- G 7/7/2015 16.F.2. If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the termination so long as such expenses are eligible. 12. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records. All revenue related to the Agreement must be recorded, and all expenditures must be incurred within the term of 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 term of this agreement, and at its sole discretion, reduce or eliminate funding under this agreement. 14. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement for a period of three (3) years. GRANTEE agrees that the 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 any transactions related to this Agreement. 15. 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 the COUNTY. 16. TERM: This Agreement shall become effective on October 1, 2015 and shall remain effective for one year until September 30, 2016. If the project is not completed within the term of this agreement, all unreleased funds shall be retained by the COUNTY. Any extension of this 7 OAQ Packet Page -2149- 7/7/2015 16.F.2. agreement beyond the one (1) year term in order to complete the Project must be at the express consent of the Collier County Board of County Commissioners. 17. The GRANTEE must request any extension of this term in writing at least sixty (60) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional ninety (90) days. 18. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Tourism Director or his designee, by October 15, 2016. 19. REQUIRED NOTATION: All promotional literature and all print, broadcast and on -line media advertising should contain the verbiage "A cooperative effort funded by the Collier County Tourist Development Tax"; and/or display the CVB logo and website address url www.paradisecoast.com to qualify for reimbursement. 20. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] 0 CA Packet Page -2150- 7/7/2015 16.F.2. IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency Teen M. Greene Assistant County Attorney WITNESSES: (1) Printed /Typed Name (2) Printed /Typed Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LIN Tim Nance, Chairman GRANTEE: HOLOCAUST MUSEUM OF SOUTHWEST FLORIDA, INC. Printed/Typed Name Printed/Typed Title 9 CA Packet Page -2151- EXHIBIT "A" Collier County Tourist Development Council Final Status Report (Due by Oct. 15, 2016) EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: TITLE: FAX: 7/7/2015 16. F.2. On an attached sheet answer the following auestions for each element in your scope of work Final — These questions should be answered for your final status report. Was this a first time project? If not, how many times has this event taken place? What hotels /motels were utilized to support the project and how many? What is the total direct economic impact and revenue generated from this event? Total expenses. (Have all vendors been paid ?) List the vendors that have been paid, if not, what invoices are still outstanding and why? What is the number of participants that visited the project? What is the percentage of the total participants from out of Collier County? What problems occurred if any during the project event? List any out -of- county- advertising, marketing, and /or public relations that was used to support the project and attach samples. How could the project been improved or expanded? 10 Packet Page -2152- 7/7/2015 165.2. EXHIBIT "B" 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 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. . 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 CHIEF OFFICIAL OR DESIGNEE: 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 11 a Packet Page -2153- 7/7/2015 16.F.2. EXHIBIT "C" Naples Marco d Everglades PARAD1E8 COAST- VISITOR QUESTIONNAIRE Welcome to the Paradise Coast -. Thank you for choosing this area for your visit. Please take a few minutes to complete the following questions so that we can better serve the needs of future visitors to Florida's Last Paradise Im. PLEASE REFER TO OUR PARADISE COAST BROCHURES FOR THE LOCATION OF ALL AREA ATTRACTIONS. NAME: AUUKE55: CITY ST ZIP DATE OF ARRIVAL: DATE OF DEPARTURE: WHERE ARE YOU HOTEL/RESORT FRIENDS /FAMILY CONDOMINIUM STAYING? NAME OF HOTEL AND CITY /AREA: NAME OF CONDOMINIUM /TIMESHARE: # OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY = HOW DID YOU SELECT THE HOTEL /CONDOMINIUM? INTERNET ( ) YOUR CHOICE ( ) TRAVEL AGENT ( ) OTHER: NUMBER OF MEALS YOU & YOUR GROUP WILL EAT OUT: Number of people in your party = Number of days of your visit = Number of meals eaten out each day = PLANNED AREA ACTIVITIES: (Please circle all that apply) ARTS & CULTURE WATER SPORTS NATURE von Liebig Art Center Beaches Everglades Tour Naples Museum of Art Naples Pier County Parks Sugden Theatre Shelling National Park Artis Naples Fishing State Parks Art Galleries Boating Corkscrew Swamp Other Kayaking Conservancy of SW FL Other Lake Trafford SHOPPING AND DINING Fifth Avenue South Third Street South Waterside Shops Venetian Bay Bayfront Tin City Other SIGHTSEEING Lunch /Dinner Cruise/ Sunset Cruise City Trolley Tour Everglades Tour Segway Tour Dolphin Cruise Other 12 Other RELAXATION & ENTERTAINMENT Golf Spa Shelling Seminole Casino Lounges & Clubs Music Other Packet Page -2154- FAMILY ATTRACTIONS Naples Zoo Naples Botanical Garden Fun 'n Sun Water Park Swamp Buggy Race Mini Golf County Museums Other 01N 7/7/2015 16.F.2. EXHIBIT "D" Holocaust Museum of Southwest Florida, Inc. Project Budget Out of Collier County Area Advertising and Marketing Related Expenses to Promote The Project. Total Funding — Not to Exceed: $40,000 13 Packet Page -2155- GN