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Agenda 09/11/2012 Item #16F 29/11/2012 Item 16.F.2. EXECUTIVE SUMMARY Recommend approval of FY13 Tourism Agreements for Category B Grant Agreements totaling $63,000 and Category C -2 Grant Agreements totaling $135,000 and waive the $25,000 funding limit guideline in the Category B grant application for FY13. OBJECTIVE: Approval of FY 13 tourist tax grant agreements based on Tourist Development Council (TDC) funding recommendations on May 29, 2012 for Category B and Category C -2 grant applications. CONSIDERATIONS: Grant Applications were made available on the Collier County tourism website in March 2012 and were initially reviewed by the Tourism Director and then by a panel of five tourism industry representatives. The review panel recommendations were subsequently presented to the TDC on May 29, 2012. Agreements have been prepared for each grantee by the County Attorney's Office and Purchasing Department based on the funding recommended by the TDC, reimbursement requirements in the grant application guidelines and input received in 2011 from the Clerk of Courts Internal Audit Division. CATEGORY B MARKETING & EVENT GRANTS ArtsNaples World Festival, Inc. - $50,000: To promote a community -wide, multi -venue art and music festival, scheduled for May 2013. The festival will use multiple Collier area venues and will feature art and culture from Latin America. They are requesting assistance in advertising in out of market media within a one day drive of Collier. The original request was for $25,000, and the TDC recommended $50,000. Old Naples Waterfront Association - $13,000: To promote the Stone Crab Festival in October 2012. There will be numerous Collier County restaurants participating in the festival and media will promote the event in out of Collier County markets. The grantee requested $25,000 and the TDC recommended $13,000. CATEGORY C -2 GRANTS- Non County Owned or Operated Museums Southwest Florida Holocaust Museum, Inc. dba The Holocaust Museum & Education Center of SW Florida - $50,000: Several new events are planned for FY 13 including a conference at an area hotel. Funds will be used to promote the event series in out of market media. The Museum requested $100,000 and the TDC recommended $50,000. Packet Page -3679- 9/11/2012 Item 16.F.2. EXECUTIVE SUMMARY Recommend approval of FY13 Tourism Agreements for Category B Grant Agreements totaling $63,000 and Category C -2 Grant Agreements totaling $135,000 and waive the $25,000 funding limit guideline in the Category B grant application for FY13. OBJECTIVE: Approval of FY 13 tourist tax grant agreements based on Tourist Development Council (TDC) funding recommendations on May 29, 2012 for Category B and Category C -2 grant applications. CONSIDERATIONS: Grant Applications were made available on the Collier County tourism website in March 2012 and were initially reviewed by the Tourism Director and then by a panel of five tourism industry representatives. The review panel recommendations were subsequently presented to the TDC on May 29, 2012. Agreements have been prepared for each grantee by the County Attorney's Office and Purchasing Department based on the funding recommended by the TDC, reimbursement requirements in the grant application guidelines and input received in 2011 from the Clerk of Courts Internal Audit Division. CATEGORY B MARKETING & EVENT GRANTS ArtsNaples World Festival, Inc. - $50,000: To promote a community -wide, multi -venue art and music festival, scheduled for May 2013. The festival will use multiple Collier area venues and will feature art and culture from Latin America. They are requesting assistance in advertising in out of market media within a one day drive of Collier. The original request was for $25,000, and the TDC recommended $50,000. Old Naples Waterfront Association - $13,000: To promote the Stone Crab Festival in October 2012. There will be numerous Collier County restaurants participating in the festival and media will promote the event in out of Collier County markets. The grantee requested $25,000 and the TDC recommended $13,000. CATEGORY C -2 GRANTS- Non County Owned or Operated Museums Southwest Florida Holocaust Museum, Inc. dba The Holocaust Museum & Education Center of SW Florida - $50,000: Several new events are planned for FY 13 including a conference at an area hotel. Funds will be used to promote the event series in out of market media. The Museum requested $100,000 and the TDC recommended $50,000. Packet Page -3679- 9/11/2012 Item 16.F.2. Naples Art Association, Inc. dba The von Liebig Art Center - $60,000: This organization is requesting funding assistance for out of market advertising of their 2013 festivals. They requested $72,800 and the TDC recommended $60,000. Philharmonic Center for the Arts, Inc. dba Naples Museum of Art - $25,000: This organization has requested funding for advertising and promotion for a traveling exhibit called "Painting Women" targeting Florida drive markets. The Museum requested $45,000 and the TDC recommended $25,000. FISCAL IMPACT: Funding for Category B grants in the amount of $63,000 and Category C -2 grants in the amount of $135,000 is included in the Tourism Department's FY 13 proposed budget. GROWTH MANAGEMENT IMPACT: None. ADVISORY BOARD RECOMMENDATION: The Tourist Development Council unanimously recommended approval (8 -0) of the FY 13 Category B and C -2 grant agreements at the July 23, 2012 meeting. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, requires majority vote, and is legally sufficient for Board action. — CMG RECOMMENDATION: That the Board of County Commissioners approve and authorize the Chairman to sign FY 13 Tourism Agreements for Category B marketing grants totaling $63,000 and Category C -2 grants totaling $135,000 and waive the $25,000 funding limit guideline in the Category B grant application for FY 13. SUBMITTED BY: Jack Wert, Tourism Director Packet Page -3680- 9/11/2012 Item 16.F.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.F.2. Item Summary: Recommend approval of FY13 Tourism Agreements for Category B Grant Agreements totaling $63,000 and Category C -2 Grant Agreements totaling $135,000 and waive the $25,000 funding limit guideline in the Category B grant application for FY13. Meeting Date: 9/11/2012 Prepared By Name: GreenKelly Title: Tourist Development Tax Coordinator,Tourism 8/27/2012 3:29:04 PM Submitted by Title: Director - Tourism,Tourism Name: Werdack 8/27/2012 3:29:06 PM Approved By Name: WardKelsey Title: Manager - Contracts Administration,Purchasing & Ge Date: 8/28/2012 8:43:15 AM Name: WertJack Title: Director - Tourism,Tourism Date: 8/28/2012 10:39:02 AM Name: MarkiewiczJoanne Title: Manager - Purchasing Acquisition,Purchasing & Gene Date: 8/28/2012 7:53:56 PM Name: GreeneColleen Title: Assistant County Attorney,County Attorney Date: 8/29/2012 11:54:10 AM Packet Page -3681- Name: KlatzkowJeff Title: County Attorney Date: 8/29/2012 3:37:49 PM 9/11/2012 Item 16.F.2. Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Management & Budget Date: 8/31/2012 7:51:40 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 9/4/2012 1:47:36 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 9/4/2012 3:01:21 PM Packet Page -3682- 9/11/2012 Item 16.F.2. 2013 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND ARTSNAPLES WORLD FESTIVAL, INC. Category "B" THIS AGREEMENT is made and entered into this day of , 2012, by and between ArtsNaples World Festival, Inc., a Florida not -for- profit corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY". 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 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 and the County to use Tourist Development Tax funds for out of county promotion of an international celebration of the arts festival; and WHEREAS, the Collier County Board of County Commissioners has approved the funding request of the GRANTEE and the Chairman was authorized 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 expenditure amount as set forth in the Budget, attached hereto as Exhibit "A ", the GRANTEE shall expend the funds for the out of county promotion of the ArtsNaples World Festival (hereinafter "the Project'), including Advertising, Marketing, Production and Related Distribution Expenses. 1 Packet Page -3683- 9/11/2012 Item 16.F.2. 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Fifty Thousand Dollars ($50,000). 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 showing publication name and date, affidavit of broadcast dates and times, screen shots of on -line ads showing date of capture, or samples of printed materials to the Tourism Director or his designee, for review and upon verification by letter from the GRANTEE that the services or work performed as described in the invoice have been completed or that the goods have been received and that all vendors have been paid. Should these documents be unavailable, the GRANTEE may submit other legally viable evidence of payment subject to review and approval by the Clerk's Office. (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 "A" 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 of the Board of County Commissioners 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 "A ". (f) Expenditures with publications, broadcast and brochure distribution with circulation or reach outside Collier County over fifty percent (50 %) of the total will be acceptable for reimbursement at full value based on a statement from the publisher, broadcaster or distributor attesting to that circulation percentage. (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. 2 Packet Page -3684- .... 9/11/2012 Item 16.F.2. (i) All requests for reimbursement must be received prior to September 30, 2013 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, 2012 and September 30, 2013. (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 an interim status report on the form attached hereto as Exhibit "C" no later than March 30, 2013 whether or not a Request for Funds is submitted. (b) GRANTEE shall provide to County a final status report on the form attached hereto as Exhibit "D" no later than October 15, 2013. (c) Each report shall identify the economic impact generated by the GRANTEE through the use of reports (Exhibits `B" and "C ") which identify the amount spent, the duties performed, the services provided, and the goods delivered since the previous reporting period. (d) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. (e) COUNTY may withhold any interim or final payments for failure of GRANTEE to provide the interim status report or final status report until the County receives the interim status report or final status report or other report acceptable to the Tourism Director. (fl GRANTEE shall request that visitors to the the ArtsNaples World Festival complete the visitor questionnaire attached to this Agreement as Exhibit "E ". All completed visitor questionnaires shall be maintained in accordance with Paragraph Thirteen (13) of this Agreement. 3 Packet Page -3685- 9/11/2012 Item 165.2. 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 attorneys' fees and paralegals' fees, to the extent caused by the negligence, 4 Packet Page -3686- 9/11/2012 Item 16.F.2. 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: Merlin Lickhalter, President ArtsNaples World Festival, Inc. 6825 Grenadier Blvd. #1005 Naples, FL 34108 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 2800 N. Horseshoe Drive 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 Packet Page -3687- 9/11/2012 Item 165.2. 11. TERMINATION: (a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause Awk 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 eligible expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the termination. 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. low 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, 2012 and shall remain effective for one year until September 30, 2013. If the Project is not completed within the term of this agreement, all unreleased funds shall be retained by the COUNTY. Any extension of 6 Packet Page -3688- 9/11/2012 Item 16. F.2. 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, along with a final budget analysis by October 15, 2013. 19. REQUIRED NOTATION: All promotional literature and all print, broadcast and on -line media advertising must prominently list Collier County and the Tourist Development Council as a source of funds to read "A cooperative effort funded by the Collier County Tourist Development Tax" and/or display the CVB logo and website address 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. 7 Packet Page -3689- - __ - 9/11/2012 Item 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 �Q Colleen M. Greene Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman WITNESSES: GRANTEE: ( 1) ARTSNAPLES WORLD FESTIVAL, INC. Printed/Typed Name (2) Printed /Typed Name I: Printed/Typed Name Printed/Typed Title 8 Packet Page -3690- EXHIBIT "A" ArtsNaples World Festival, Inc. Project Budget Out of County Advertising, Marketing, Production and Related Distribution Expenses to include: Television, Radio, Print, On -Line, Tourism Industry Association Memberships, Website Updates Total Fundinq — Not to Exceed 3 9 Packet Page -3691- 9/11/2012 Item 16.F.2. $50,000 9/11/2012 Item 16.x.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; 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. For each request for payment, 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 46 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 10 Packet Page -3692- 9/11/2012 Item 16.F.2. 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 EXHIBIT "C" Collier County Tourist Development Council Interim Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: On an attached sheet answer the folioWtacl cluestions to identifv the status of the rooect. INTERIM — These questions will identify the current status of the project. After the TDC staff reviews this Interim Status Report, if they feel you are behind schedule on the planning stages, they will make recommendations to help get the project stay on schedule. Has the planning of this project started? At what point are you at with the planning stage for this project? (Percent of completion) Will any hotels /motels be utilized to support this project? If so, how many hotel room nights will be utilized? What is the total dollar amount to date of matching contributions? What is the status of the advertising and promotion for this project? 11 Packet Page -3693- 9/11/2012 Item 165.2. Have your submitted any advertisements or printed pieces to the TDC staff for approval? Please supply a sample and indicate the-ad schedule. How has the public interest for this project been up to this point? 12 Packet Page -3694- 9/11/2012 Item 16.F.2. EXHIBIT "D" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Final Status Report TITLE: AM 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? 13 Packet Page -3695- 9/11/2012 Item 16.F.2. EXHIBIT "E" Naples Marc° -� o Isd .ter. Everglades - A.DI6E C0.6- VISITOR QUESTIONNAIRE Welcome to the Paradise Coast sm. 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 HOTEURESORT 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 = Third Street South Number of days of your visit = Waterside Shops Number of meals eaten out each day = Venetian Bay 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 Naples Philharmonic Fishing State Parks Art Galleries Boating Corkscrew Swamp Other Kayaking Conservancy of SW Other FL Lake Trafford 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 Prime Outlets Other Other 14 Packet Page -3696- FAMILY ATTRACTIONS Naples Zoo Naples Botanical Garden Fun `n Sun Water Park Swamp Buggy Race Mini Golf King Richard's Fun Park County Museums Other RELAXATION & ENTERTAINMENT Golf Spa Shelling Seminole Casino Lounges & Clubs Music Other 9/11/2012 Item 16.F.2. 2013 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND OLD NAPLES WATERFRONT ASSOCI_aTION, INC. Category "B" THIS AGREEMENT is made and entered into this day of 2012. by and between Old Naples Waterfront Association. Inc.. a Florida not- for -profit corporation. hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida. hereinafter referred to as "COUNTY ". 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 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 encourases tourism; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds for out of county promotion of a stone crab festival: and WHEREAS. the Collier County Board of County Commissioners has approved the funding request of the GRANTEE and the Chairman was authorized 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 expenditure amount as set forth in the Budget, attached hereto as Exhibit "A ". the GRANTEE shall expend the funds for the out of county promotion of the Stone Crab Festival (hereinafter "the Project "), including Advertising, Marketing, Production. and Related Distribution Expenses. 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Thirteen Thousand Dollars ($131.000). 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 Packet Page -3697- 9/11/2012 Item 1 6. F.2. 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 showing publication name and date, affidavit of broadcast dates and times, screen shots of on -line ads showing date of capture. or samples of printed materials to the Tourism Director or his designee, for review and upon verification by letter from the GRANTEE that the services or work performed as described in the invoice have been completed or that the goods have been received and that all vendors have been paid. Should these documents be unavailable. the GRANTEE may submit other leLyally viable evidence of payment subject to review and approval by the Clerk's Office. (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 "A" shall constitute authorization for the expenditure[s] described in the invoice[s]. (c) All expenditures shall be made in confonnity with this Agreement. (d) The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners 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 "A". (f) Expenditures with publications. broadcast and brochure distribution with circulation or reach outside Collier County over fifty percent (50 %) of the total will be acceptable for reimbursement at full value based on a statement from the publisher, broadcaster or distributor attesting to that circulation percentage. (D) 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 prior to September 30,'013 to be eligible for payment. 3. ELIGIBLE EXPEIVNDITURES: 2 Packet Page -3698- 9/11/2012 Item 16. F.2. (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. 2012 and September 30, 2013. (c) Any, expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COLNTY 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 REQUIREy1ENTS: (a) GRANTEE shall provide to County an interim status report on the form attached hereto as Exhibit "C" no later than March 30, 2013 whether or not a Request for Funds is submitted. (b) GRANTEE shall provide to County a final status report on the form attached hereto as Exhibit "D" no later than October 15. 2013. (c) Each report shall identify the economic impact generated by the GRANTEE through the use of reports (Exhibits "B" and "C ") which identify the amount spent, the duties performed. the services provided. and the goods delivered since the previous reporting period. (d) GRANTEE shall take reasonable measures to assure the continued satisfactory- performance of all vendors and subcontractors. (d) COUNTY may withhold any interim or final payments for failure of GRANTEE to provide the interim status report or final status report until the County receives the interim status report or final status report or other report acceptable to the Tourism. Director. (f) GRANTEE shall request that visitors to the Stone Crab Festival complete the visitor questionnaire attached to this Agreement as Exhibit "E ". All completed visitor questionnaires shall be maintained in accordance with Paragraph Thirteen (13) of this Agreement. 5. INSURANCE: (NOT APPLICABLE TO THIS CONTRACT) 3 Packet Page -3699- 9/11/2012 Item 16.F.2. b. CuOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph One 0). (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: GRA_ ',TEE 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. 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: Jenny Foegen. President Old Naples Waterfront Association, Inc. �`h Avenue South Naples, FL 3410i' 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: Ell Packet Page -3700- 9/11/2012 Item 16. F.2. Jack Wert, Tourism Director Collier County Tourism Department 2800 N. Horseshoe Drive Naples, Florida 334104 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 COL`NTY 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 COU'�TY. 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 tenmination. (b) If the COUNTY terminates this Agreement. the COUNTY will pay the GRANTEE for all eligible expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the termination. I2. 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. 5 Packet Page -3701- 9/11/2012 Item 16.F.2. 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 anv transactions related to this Agreement. I 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. 2012 and shall remain effective for one year until September 30, 2013. 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 TOURJSU1 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, along with a final budget analvsis by October 15. 2013. 19. REQUIRED NOTATION: All promotional literature and all print, broadcast and on -line media advertising must prominently list Collier County and the Tourist Development Council as a source of funds to read "A cooperative effort funded by the Collier County Tourist Development Tax" and /or display the CVB logo and website address «-ww.paradisecoast.com to qualify, for reimbursement. 6 Packet Page -3702- MA EM 9/11/2012 Item 16.F.2. 20. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council it warranted. 7 Packet Page -3703- 0/91/2092 item 96.x.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 legal sufficiency Colleen M. Greene Assistant County Attorney WITNESSES: (1) Printed/Typed Name (2) Printed/Typed Name By: FRED W. COYLE, Chairman GRANTEE: OLD NAPLES WATERFRONT ASSOCIATION, INC. M. Printed/Typed Name Printedi7yped Title 8 Packet Page - 3704 - �_ EXHIBIT "A" Old Naples Waterfront Association, Inc. Project Budget Out of County Advertising, Marketing, Production and Related Distribution Expenses to include: Television, Radio, Print, On -Line, Tourism Industry Association Memberships, Website Updates Total Funding — Not to Exceed M Packet Page -3705- 9/11/2012 Item 16. F.2. $13,000 9/11/2012 Item 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; 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. For each request for payment, 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 10 Packet Page -3706- 9/11/2012 Item 16.F.2. EXHIBIT "C" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Interim Status Report TITLE: MIK4 On an attached sheet, answer the foYowinq questions to identify the status of the rp oiect. INTERIM — These questions will identify the current status of the project. After the TDC staff reviews this Interim Status Report, if they feel you are behind schedule on the planning stages, they will make recommendations to help get the project stay on schedule. Has the planning of this project started? At what point are you at with the planning stage for this project? (Percent of completion) Will any hotels /motels be utilized to support this project? If so, how many hotel room nights will be utilized? What is the total dollar amount to date of matching contributions? What is the status of the advertising and promotion for this project? Have your submitted any advertisements or printed pieces to the TDC staff for approval? Please supply a sample and indicate the ad schedule. How has the public interest for this project been up to this point? is Packet Page -3707- 9/11/2012 Item 16.F.2. EXHIBIT "D" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Final Status Report TITLE: 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? 12 Packet Page -3708- 9/11/2012 Item 16.F.2. EXHIBIT "E" Naples A,Iarco Island Everglades ons. VISITOR QUESTIONNAIRE an nnoisr c Welcome to the Paradise Coast sm. 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. TI:lul� 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 = Lunch /Dinner Cruise/ Number of days of your visit = Sunset Cruise Number of meals eaten out each day = City Trolley Tour 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 Naples Philharmonic Fishing State Parks Art Galleries Boating Corkscrew Swamp Other Kayaking Conservancy of SW Other FL Lake Trafford 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 Prime Outlets Other Other 13 Packet Page -3709- FAMILY ATTRACTIONS Naples Zoo Naples Botanical Garden Fun `n Sun Water Park Swamp Buggy Race Mini Golf King Richard's Fun Park County Museums Other TV7 TIN F 01► _. ENTERTAINMENT Golf Spa Shelling Seminole Casino Lounges & Clubs Music Other 9/11/2012 Item 165.2. 2013 TOURISM AGREEMENT BETWEENCOLLIER COUNTY AND SOUTHWEST FLORIDA HOLOCAUST MUSEUM, INC. d/b /a THE HOLOCAUST MUSEUM & EDUCATION CENTER OF SOUTHWEST FLORIDA Category 11C -2" THIS AGREEMENT is made and entered into this day of , 2012, by and between Southwest Florida Holocaust Museum, Inc. d/b /a The Holocaust Museum & Education Center of Southwest Florida, a Florida not - for - profit corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY ". 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 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 out of county marketing expenses; and WHEREAS, the Tourist Development Council has recommended funding for GRANTEE'S out of county advertising and promotional expenditures to promote visitation to the museum; and WHEREAS, the Board of County Commissioners has made a finding that GRANTEE qualifies as a museum; and WHEREAS, the Collier County Board of County Commissioners has approved the funding request of the GRANTEE and the Chairman was authorized 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 Packet Page -3710- 9/11/2012 Item 16. F.2. 1. SCOPE OF WORK: (a) In accordance with the authorized expenditure amount as set forth in the Budget, attached hereto as Exhibit "A ", the GRANTEE shall expend the funds for the promotion of GRANTEE'S marketing (hereinafter "the Project "), including Advertising, Marketing, Production and Related Distribution Expenses. 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Fifty Thousand Dollars ($50,000). 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 showing publication name and date, affidavit of broadcast dates and times, screen shots of on -line ads showing date of capture, or samples of printed materials to the Tourism Director or his designee, for review and upon verification by letter from the GRANTEE that the services or work performed as described in the invoice have been completed or that the goods have been received and that all vendors have been paid. Should these documents be unavailable, the GRANTEE may submit other legally viable evidence of payment subject to review and approval by the Clerk's Office. (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 "A" 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 of the Board of County Commissioners 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 "A ". (f) Expenditures with publications, broadcast and brochure distribution with circulation or reach outside Collier County over fifty percent (50 %) of the total will be acceptable for reimbursement at full value based on a statement from the publisher, broadcaster or distributor attesting to that circulation percentage. 2 Packet Page -3711- 9/11/2012 item 16. F.2. (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 prior to September 30, 2013 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, 2012 and September 30, 2013. (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 tennination of this Agreement or any extension or renewal thereof. 4. REPORTING REQUIREMENTS: (a) GRANTEE shall provide to County an interim status report on the form attached hereto as Exhibit "C" no later than March 30, 2013 whether or not a Request for Funds is submitted. (b) GRANTEE shall provide to County a final status report on the form attached hereto as Exhibit "D" no later than October 15, 2013. (c) Each report shall identify the economic impact generated by the GRANTEE through the use of reports (Exhibits `B" and "C ") which identify the amount spent, the duties performed, the services provided, and the goods delivered since the previous reporting period. (d) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. (e) COUNTY may withhold any interim or final payments for failure of GRANTEE to provide the interim status report or final status report until the County receives the interim status report or final status report or other report acceptable to the Tourism Director. 3 Packet Page -3712- 9/11/2012 Item 16.F.2. (f) GRANTEE shall request that visitors to the Holocaust Museum & Education Center of Southwest Florida complete the visitor questionnaire attached to this Agreement as Exhibit "E ". All completed visitor questionnaires shall be maintained in accordance with Paragraph Thirteen (13) of this Agreement. 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. N Packet Page -3713- 9/11 /2012 Item 10. F.2. 7. INDEMNIFICATION: AW 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. 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: Joshua M. Bialek, President The Holocaust Museum & Education Center of Southwest Florida 4760 Tamiami Trail North, Suite 7 Naples, FL 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 2800 N. Horseshoe Drive 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 5 Packet Page -3714- 9/11/2012 Item 16. F.2. 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. (b) If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all eligible expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the termination. 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. 6 Packet Page -3715- 9/11/2012 Item 16.F.2. 16. TERM: This Agreement shall become effective on October 1, 2012 and shall remain effective for one year until September 30, 2013. 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, along with a final budget analysis by October 15, 2013. 19. REQUIRED NOTATION: All promotional literature and all print, broadcast and on -line media advertising must prominently list Collier County and the Tourist Development Council as a source of funds to read "A cooperative effort funded by the Collier County Tourist Development Tax" and/or display the CVB logo and website address 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. 7 Packet Page -3716- 9/11/2012 Item 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 legal sufficiency (Cj Teen M, Greene Assistant County Attorney WITNESSES: (1) Printed/Typed Name (2) Printed/Typed Name LON FRED W. COYLE, Chairman GRANTEE: SOUTHWEST FLORIDA HOLOCAUST MUSEUM, INC. d/b /a THE HOLOCAUST MUSEUM & EDUCATION CENTER OF SOUTHWEST FLORIDA IM Printed/Typed Name 1 Packet Page -3717- 9/11/2012 Item 16.F.2. EXHIBIT "A" Holocaust Museum of Southwest Florida d /b /a The Holocaust Museum & Education Center of Southwest Florida Project Budget Out of County Advertising, Marketing, Production and Related Distribution Expenses to include: Television, Radio, Print, On -Line, Tourism Industry Association Memberships, Website Updates Total Funding — Not to Exceed 9 Packet Page -3718- $50,000 9/11/2012 Item 161.2. EXHIBIT "B" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATIO ADDRESS CONTACT PERSON TELEPHONE ( REQUEST PERIOD FROM REQUEST# ( ) INTERIM REPORT ( ) FINAL REPORT TOTAL CONTRACT AMOUNT $ kcs 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; 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. For each request for payment, 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 10 Packet Page -3719- 9/11/2012 Item 16.F.2. EXHIBIT "C" Collier County Tourist Development Council Interim Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: TITLE: FAX: On an attached sheet, answer the following questions to identify the status of the ro "ect. INTERIM — These questions will identify the current status of the project. After the TDC staff reviews this Interim Status Report, if they feel you are behind schedule on the planning stages, they will make recommendations to help get the project stay on schedule. Has the planning of this project started? At what point are you at with the planning stage for this project? (Percent of completion) Will any hotels /motels be utilized to support this project? If so, how many hotel room nights will be utilized? What is the total dollar amount to date of matching contributions? What is the status of the advertising and promotion for this project? Have your submitted any advertisements or printed pieces to the TDC staff for approval? Please supply a sample and indicate the ad schedule. How has the public interest for this project been up to this point? 11 Packet Page -3720- 9/11/2012 Item 16.F.2. EXHIBIT "D" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Final Status Report TITLE: �41 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? 12 Packet Page -3721- Naples Marco Island Everglades PARADISE COAST' 9/11/2012 Item 16.F.2. EXHIBIT "E" VISITOR QUESTIONNAIRE Welcome to the Paradise Coast sm. 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= Third Street South Number of days of your visit = Waterside Shops Number of meals eaten out each day = Venetian Bay 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 Naples Philharmonic Fishing State Parks Art Galleries Boating Corkscrew Swamp Other Kayaking Conservancy of SW Other FL Lake Trafford 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 Prime Outlets Other Other 13 Packet Page -3722- FAMILY ATTRACTIONS Naples Zoo Naples Botanical Garden Fun `n Sun Water Park Swamp Buggy Race Mini Golf King Richard's Fun Park County Museums Other RELAXATION & ENTERTAINMENT Golf Spa Shelling Seminole Casino Lounges & Clubs Music Other 9/11/2012 Item 16.F.2. 2013 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE NAPLES ART ASSOCIATION, INC. d/b /a THE VON LIEBIG ART CENTER Category 11C -2" THIS AGREEMENT is made and entered into this day of , 2012, by and between the Naples Art Association, Inc. d/b /a The von Liebig Art Center, a Florida not - for - profit corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY ". 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 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 has recommended funding for GRANTEE'S out of market advertising expenditures for the promotion of major shoulder and summer season upcoming exhibitions, festivals and special events to attract visitors; and WHEREAS, the Board of County Commissioners has made a finding that GRANTEE qualifies as a museum; and WHEREAS, the Collier County Board of County Commissioners has approved the funding request of the GRANTEE and the Chairman was authorized 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 Packet Page -3723- 9/11/2012 Item 16.F.2. 1. SCOPE OF WORK: (a) In accordance with the authorized expenditure amount as set forth in the Budget, attached hereto as Exhibit "A ", the GRANTEE shall expend the funds for the promotion of GRANTEE'S marketing (hereinafter "the Project "), including Advertising, Marketing, Production and Related Distribution Expenses. 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Sixty Thousand Dollars ($60,000). 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 showing publication name and date, affidavit of broadcast dates and times, screen shots of on -line ads showing date of capture, or samples of printed materials to the Tourism Director or his designee, for review and upon verification by letter from the GRANTEE that the services or work performed as described in the invoice have been completed or that the goods have been received and that all vendors have been paid. Should these documents be unavailable, the GRANTEE may submit other legally viable evidence of payment subject to review and approval by the Clerk's Office. (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 "A" 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 of the Board of County Commissioners 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 "A ". (f) Expenditures with publications, broadcast and brochure distribution with circulation or reach outside Collier County over fifty percent (50 %) of the total will be acceptable 2 Packet Page -3724- 9/11/2012 Item 16.F.2. for reimbursement at full value based on a statement from the publisher, broadcaster or distributor attesting to that circulation percentage. (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 prior to September 30, 2013 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, 2012 and September 30, 2013. (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 an interim status report on the form attached hereto as Exhibit "C" no later than March 30, 2013 whether or not a Request for Funds is submitted. (b) GRANTEE shall provide to County a final status report on the form attached hereto as Exhibit "D" no later than October 15, 2013. (c) Each report shall identify the economic impact generated by the GRANTEE through the use of reports (Exhibits `B" and "C ") which identify the amount spent, the duties performed, the services provided, and the goods delivered since the previous reporting period. (d) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. 3 Packet Page -3725- 9/11/2012 Item 16.F.2. (e) COUNTY may withhold any interim or final payments for failure of GRANTEE to provide the interim status report or final status report until the County receives the interim status report or final status report or other report acceptable to the Tourism Director. (f) GRANTEE shall request that visitors to the von Liebig Art Center complete the visitor questionnaire attached to this Agreement as Exhibit "E". All completed visitor questionnaires shall be maintained in accordance with Paragraph Thirteen (13) of this Agreement. 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. 4 Packet Page -3726- 9/11/2012 Item 16.F.2. (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. 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: Joel Kessler, Executive Director /CEO The von Liebig Art Center 585 Park Street Naples, FL 34102 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 2800 N. Horseshoe Drive 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. 5 Packet Page -3727- 9/11/2012 Item 16.1=.2. 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. (b) If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all eligible expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the termination. 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. C Packet Page -3728- 1 9/11/2012 Item 16.F.2. 16. TERM: This Agreement shall become effective on October 1, 2012 and shall remain effective for one year until September 30, 2013. 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, along with a final budget analysis by October 15, 2013. 19. REQUIRED NOTATION: All promotional literature and all print, broadcast and on -line media advertising must prominently list Collier County and the Tourist Development Council as a source of funds to read "A cooperative effort funded by the Collier County Tourist Development Tax" and/or display the CVB logo and website address www.uaradisecoast 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. 7 Packet Page -3729- n 9/11/2012 Item 16.x.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 M Colleen M. Greene Assistant County Attorney WITNESSES: (1) Printed/Typed Name (2) Printed /Typed Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman GRANTEE: NAPLES ART ASSOCIATION, INC. d/b /a THE VON LIEBIG ART CENTER LOW Printed/Typed Name Printed/Typed Title 8 Packet Page -3730- EXHIBIT "A" Naples Art Association, Inc. d /b /a The von Liebig Art Center Project Budget Out of County Advertising, Marketing, Production and Related Distribution Expenses to include: Television, Radio, Print, On -Line, Tourism Industry Association Memberships, Website Updates Total Funding — Not to Exceed 9 Packet Page -3731- 9/1 1 /2012 Item 16.F.2. $60,000 0/11/2012 Item 16.F.2. EXHIBIT "B" ON 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; 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. For each request for payment, 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 10 Packet Page -3732- 9/11/2012 Item 16. F.2. EXHIBIT "C" Collier County Tourist Development Council Interim Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: On an attached sheet, answer the following o ro ect. uestions to identify the status of the INTERIM — These questions will identify the current status of the project. After the TDC staff reviews this Interim Status Report, if they feel you are behind schedule on the planning stages, they will make recommendations to help get the project stay on schedule. Has the planning of this project started? At what point are you at with the planning stage for this project? (Percent of completion) Will any hotels /motels be utilized to support this project? If so, how many hotel room nights will be utilized? What is the total dollar amount to date of matching contributions? What is the status of the advertising and promotion for this project? Have your submitted any advertisements or printed pieces to the TDC staff for approval? Please supply a sample and indicate the ad schedule. How has the public interest for this project been up to this point? 11 Packet Page -3733- 0/11/2012 Item 105.2. EXHIBIT "D" Collier County Tourist Development Council Final Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: On an attached sheet answer the following scope of work. questions for each element in your 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? 12 Packet Page -3734- Naples Marco Everglades PARADISE COAST' 9/11/2012 Item 16.F.2. EXHIBIT "E" VISITOR QUESTIONNAIRE Welcome to the Paradise Coast sm. 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 Naples Museum of Art 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 Prime Outlets Other SIGHTSEEING Other Lunch /Dinner Cruise/ Sunset Cruise City Trolley Tour Everglades Tour Segway Tour Dolphin Cruise Other 13 Packet Page -3735- FAMILY_ ATTRACTIONS Naples Zoo Naples Botanical Garden Fun 'n Sun Water Park Swamp Buggy Race Mini Golf King Richard's Fun Park County Museums Other RELAXATION & ENTERTAINMENT Golf Spa Shelling Seminole Casino Lounges & Clubs Music Other 9/11/2012 Item 16.F.2. 2013 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE NAPLES MUSEUM OF ART, INC. Category 11C -2" THIS AGREEMENT is made and entered into this day of , 2012, by and between the Naples Museum of Art, Inc., a Florida not -for- profit corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY ". 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 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 out of county marketing expenses; and WHEREAS, the Tourist Development Council has recommended funding for GRANTEE'S out of county advertising and promotional expenditures to promote visitation to the museum; and WHEREAS, the Board of County Commissioners has made a finding that GRANTEE qualifies as a museum; and WHEREAS, the Collier County Board of County Commissioners has approved the funding request of the GRANTEE and the Chairman was authorized 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 expenditure amount as set forth in the Budget, attached hereto as Exhibit "A ", the GRANTEE shall expend the funds for the promotion of GRANTEE'S �?I 1 Packet Page -3736- 9/11/2012 Item 16.F.2. marketing (hereinafter "the Project "), including Advertising, Marketing, Production and Related Distribution Expenses. 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 showing publication name and date, affidavit of broadcast dates and times, screen shots of on -line ads showing date of capture, or samples of printed materials to the Tourism Director or his designee, for review and upon verification by letter from the GRANTEE that the services or work performed as described in the invoice have been completed or that the goods have been received and that all vendors have been paid. Should these documents be unavailable, the GRANTEE may submit other legally viable evidence of payment subject to review and approval by the Clerk's Office. (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 "A" 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 of the Board of County Commissioners 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 "A ". (f) Expenditures with publications, broadcast and brochure distribution with circulation or reach outside Collier County over fifty percent (50 %) of the total will be acceptable for reimbursement at full value based on a statement from the publisher, broadcaster or distributor attesting to that circulation percentage. (g) Invoices for prepayment or for deposit on services will not be eligible for reimbursement. 2 Packet Page -3737- 9/11/2012 Item 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, 2013 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, 2012 and September 30, 2013. (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 an interim status report on the form attached hereto as Exhibit "C" no later than March 30, 2013 whether or not a Request for Funds is submitted. (b) GRANTEE shall provide to County a final status report on the form attached hereto as Exhibit "D" no later than October 15, 2013. (c) Each report shall identify the economic impact generated by the GRANTEE through the use of reports (Exhibits "B" and "C ") which identify the amount spent, the duties performed, the services provided, and the goods delivered since the previous reporting period. (d) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. (e) COUNTY may withhold any interim or final payments for failure of GRANTEE to provide the interim status report or final status report until the County receives the interim status report or final status report or other report acceptable to the Tourism Director. (f) GRANTEE shall request that visitors to the Naples Museum of Art complete the visitor questionnaire attached to this Agreement as Exhibit "E ". All completed visitor 3 Packet Page -3738- 3 9/11/2012 Item 16.F.2. questionnaires shall be maintained in accordance with Paragraph Thirteen (13) of this Agreement. 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. 4 Packet Page -3739- 9/11/2012 item 16.F.2. 7. INDEMNIFICATION: GRANTEE shall indemnify and hold harmless Collier County, its agents, officers and AW 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. 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: Kathleen van Bergen, CEO and President Philharmonic Center for the Arts / Naples Museum of Art 5833 Pelican Bay Blvd. Naples, FL 34108 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 2800 N. Horseshoe Drive 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 5 Packet Page -3740- 9/11/2012 Item 16. F.2. 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. (b) If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all eligible expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the termination. 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. 6 Packet Page -3741- 9/11/2012 Item 16.F.2. 16. TERM: This Agreement shall become effective on October 1, 2012 and shall remain effective for one year until September 30, 2013. 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, along with a final budget analysis by October 15, 2013. 19. REQUIRED NOTATION: All promotional literature and all print, broadcast and on -line media advertising must prominently list Collier County and the Tourist Development Council as a source of funds to read "A cooperative effort funded by the Collier County Tourist Development Tax" and/or display the CVB logo and website address 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. 7 Packet Page -3742- 9/11/2012 Item 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 P� Colleen M. Greene Assistant County Attorney WITNESSES: (1) Printed /Typed Name (2) Printed/Typed Name a BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman GRANTEE: NAPLES MUSEUM OF ART, INC. Printed/Typed Name Printed/Typed Title 8 Packet Page -3743- EXHIBIT "A" Naples Museum of Art, Inc. Project Budget Out of County Advertising, Marketing, Production and Related Distribution Expenses to include: Television, Radio, Print, On -Line, Tourism Industry Association Memberships, Website Updates Total Funding — Not to Exceed 9 Packet Page -3744- 9/11/2012 Item 16.F.2. $25,000 0 3 9/11/2012 Item 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; 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. For each request for payment, 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 10 Packet Page -3745- ■ 9i i 112012 item 16.E.2. EXHIBIT "C" Collier County Tourist Development Council Interim Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: TITLE: PHONE: FAX: On an _attached sheet, answer the following questions to identify the status of the ro ect. ,.. INTERIM — These questions will identify the current status of the project. After the TDC staff reviews this Interim Status Report, if they feel you are behind schedule on the planning stages, they will make recommendations to help get the project stay on schedule. Has the planning of this project started? At what point are you at with the planning stage for this project? (Percent of completion) Will any hotels /motels be utilized to support this project? If so, how many hotel room nights will be utilized? What is the total dollar amount to date of matching contributions? What is the status of the advertising and promotion for this project? Have your submitted any advertisements or printed pieces to the TDC staff for approval? Please supply a sample and indicate the ad schedule. How has the public interest for this project been up to this point? 11 Packet Page -3746- 0 9/11/2012 Item 16.F.2. EXHIBIT "D" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Final Status Report TITLE: 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? 12 Packet Page -3747- Naples Marco Island Everglades PARADISE COAST 0/11/2012 Item 16.F.2. EXHIBIT "E" VISITOR QUESTIONNAIRE Welcome to the Paradise Coast S". 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 s"". 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 HOTEURESORT FRIENDS /FAMILY CONDOMINIUM STAYING? NAME OF HOTEL AND CITY /AREA: NAME OF CONDOMINIUMITIMESHARE: # OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY = HOW DID YOU SELECT THE HOTELICONDOMINIUM? RELAXATION 8" INTERNET ( ) YOUR CHOICE ( ) TRAVEL AGENT ( ) OTHER: ENTERTAINMENT NUMBER OF MEALS YOU & YOUR GROUP WILL EAT OUT: Sunset Cruise Number of people in your party = Waterside Shops Number of days of your visit = Spa Number of meals eaten out each day = Everglades Tour PLANNED AREA ACTIVITIES: (Please circle all that apply) Bayfront ARTS & CULTURE WATER SPORTS NATURE FAMILY ATTRACTIONS von Liebig Art Center Beaches Everglades Tour Naples Zoo Naples Museum of Art Naples Pier County Parks Naples Botanical Garden Sugden Theatre Shelling National Park Fun 'n Sun Water Park Naples Philharmonic Fishing State Parks Swamp Buggy Race Art Galleries Boating Corkscrew Swamp Mini Golf Other Kayaking Conservancy of SW King Richard's Fun Park Other FL County Museums Lake Trafford Other Other SHOPPING AND DINING SIGHTSEEING RELAXATION 8" Fifth Avenue South Lunch /Dinner Cruise/ ENTERTAINMENT Third Street South Sunset Cruise Golf Waterside Shops City Trolley Tour Spa Venetian Bay Everglades Tour Shelling Bayfront Segway Tour Seminole Casino Tin City Dolphin Cruise Lounges & Clubs Prime Outlets Other Music Other Other 13 Packet Page -3748-