Agenda 07/26/2011 Item #16F3Agenda Changes
Board of County Commissioners Meeting
July 26, 2011
Continue Item 16136 to the September 13, 2011 BCC Meeting: Request that the Board of County
Commissioners review and approve the County Attorney's recommendation to waive any potential ethics
conflict for a Code Enforcement Board member based on Ch. 112, Florida Statutes. (Original request was
from Commissioner Hiller to have this item moved to the Regular agenda; Staff requested item is continued
due to fact the individual in question isn't able to attend this meeting.)
Continue Item 16F1 to the September 13, 2011 BCC Meetine: Modification to Contract #11 -5704 for the
Pelican Bay Community Crosswalks to Bateman Contracting, LLP. (Staffs request to further address the
vendor's concerns regarding the scheduling of the crosswalk construction.)
Continue Item 16F3 to the September 13, 2011 BCC
Meeting: Recommendation to approve and authorize the
Chairman to sign Amendment #2 to the Friends of Rookery
Bay, Inc. FY 11 Tourist Development Tax Grant Agreement
to change the current funding source from Category C -2 to
Tourism Promotion Fund 184 as a Category B marketing
grant. (Staff and Commissioner Hiller's separate requests in
response to grantee's request for continuance to resolve
questions raised by the Clerk's Finance Department)
Move Item 16D14 to Item IOH: Recommendation to approve the Collier County 5 -Year HUD Consolidated
Plan for FY 2011 -2016; One Year HUD Action Plan FY 2011 -2012 and revised Citizen Participation Plan,
and to sign the supporting resolution and certifications for submission to the United States Department of
Housing and Urban Development (HUD). (Commissioner Hiller's request)
Move Item 16131 to Item 10I: Recommendation to approve final submission of the Disaster Recovery
Initiative 2008 Disaster Recovery Enhancement Funds (DREF) application to the Florida Department of
Community Affairs for funding in the amount of $3,323,962. (Commissioner Hiller's request)
Move Item 16A19 to Item 10J: Recommendation for the Board of County Commissioners (Board) to
direct the County Manager or designee to create and fund a project via budget amendment within Parks and
Recreation Capital Fund (306) for the specific purpose of establishing a public All Terrain Vehicle (ATV)
park and to move forward with public involvement, concept evaluations, cost comparisons and then come
back to the Board with alternatives and a final recommendation to implement the project. (Commissioner
Hiller's request)
Move Item 16C5 to Item IOK: Recommendation to approve the Renewal and Amendment of the
Agreement for Delivery and Reuse of Reclaimed Water between The Club Pelican Bay, Inc. and the Board of
County Commissioners of Collier County, Florida, as the Ex- Officio Governing Board of the Collier County
Water -Sewer District. (Commissioner Hiller's request)
Move Item 16F5 to Item IOL: Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2010 -11 Adopted
Budget. (Staffs request) Companion Item to IOA
Move Item 16B1 to Item 13131: Recommendation to approve Local Advisory Board members and CRA
staff attendance at Florida Redevelopment Association 2011 Annual Conference including payment of
attendees' registration, lodging, travel and per diem expenses from the Bayshore Gateway Triangle Trust
Fund (187) budget and declare the conference attendance and training received as a valid public purpose.
(Estimated Fiscal Impact approximately $839 per person) (Commissioner Hiller's request)
Move Item 17D to Item 8E: Recommendation to adopt a resolution approving amendments (appropriating
carry forward, transfers and supplemental revenue) to the Fiscal Year 2010 -11 Adopted Budget. (Staff s
request) This item to be heard subsequent to Items 10A and IOJ.
Note:
Items 9G and 12A are companion items. (County Attorney's request)
Item 16D7: Advisory Committee Recommendations as follows: The Tourist Development Council
recommended approval of this item by a vote of 6 -1 on 7/21/2011 subject to verification by the Clerk that
TDC funds can be used to fund this item. The Council also made a finding that this item supports tourism
and serves a valid public purpose. (Staffs request)
Item 16D19: Bid Number should read #11 -5692; not #11 -5697 as shown on the agenda and the Executive
Summary. (Staffs request)
Time Certain Items:
Item 1OG to be heard at 9:45 a.m.
Item 8C to be heard at 10:15 a.m.
Item 8D to be heard immediately following Item 8C
Item 8B to be heard at 11:00 a.m.
Item IOC to be heard at 1:00 p.m.
Item 8A to be heard at 2:00 p.m.
7/28/2011 11:31 AM
7/26/2011 Item 16.F.3.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign
Amendment #2 to the Friends of Rookery Bay, Inc. FY 11 Tourist
Development Tax Grant Agreement to change the current funding source
from Category C -2 to Tourism Promotion Fund 184 as a Category B
marketing grant.
OBJECTIVE: Change funding source for FY 11 Tourist Development Tax grant
agreement to Friends of Rookery Bay, Inc.
CONSIDERATIONS: At the May 27, 2011 Tourist Development Council (TDC)
meeting there was discussion regarding the source of funding for the grant to
Friends of Rookery Bay, Inc. a Florida 501 (C) (3) corporation to promote the
Rookery Bay Environmental Learning Center. Currently, this grant is funded as a
Category C -2 grant in the amount of $50,000. The County Attorney's Office has
reviewed funding eligibility for Friends of Rookery Bay, Inc. to determine if the
organization was eligible to request and receive funds on behalf of Rookery Bay.
The County Attorney has indicated that the Tourist Tax Ordinance would need to
be amended to accommodate funding the Friends of Rookery Bay grant out of
Category C -2; however Friends of Rookery Bay, Inc. was eligible for funding as a
TDC Category B marketing grant out of Tourism Promotion Fund 184. Therefore,
staff requests approval to amend the current agreement so that this FY 11
Category C -2 grant is funded from Tourism Promotion Fund 184 as a Category B
marketing grant.
LEGAL CONSIDERATION: This item has been reviewed by the County
Attorney's Office, requires majority vote, and is legally sufficient for Board action.
— CMG
ADVISORY BOARD RECOMMENDATION: The TDC recommended (6 -0) a
change to the funding source for the current FY 11 Category C -2 grant for
Friends of Rookery Bay, Inc. to be funded as a Category B marketing grant at
their June 27, 2011 meeting.
FISCAL IMPACT: Funds are available in Tourism Promotion Fund 184 to fund
Friends of Rookery Bay, Inc. at $50,000 as a Category B grant.
RECOMMENDATION: That the Board of County Commissioners approve and
authorize the Chairman to sign Amendment #2 to Friends of Rookery Bay, Inc.
FY 11 Tourist Development Tax Grant Agreement to change the current funding
source from Category C -2 to Tourism Promotion Fund 184 as a Category B
marketing grant.
SUBMITTED BY: Jack Wert, Tourism Director
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.3.
7/26/2011 Item 16.F.3.
Item Summary: Recommendation to approve and authorize the Chairman to sign
Amendment #2 to the Friends of Rookery Bay, Inc. FY 11 Tourist Development Tax Grant
Agreement to change the current funding source from Category C -2 to Tourism Promotion Fund
184 as a Category B marketing grant.
Meeting Date: 7/26/2011
Prepared By
Name: GreenKelly
Title: Tourist Development Tax Coordinator,Tourism
7/13/20114:57:45 PM
Submitted by
Title: Director - Tourism,Tourism
Name: Werdack
7/13/2011 457:46 PM
Approved By
Name: WertJack
Title: Director - Tourism,Tourism
Date: 7/13/2011 9:53:04 PM
Name: WoodLyn
Title: Contracts Special ist,Purchasing & General Services
Date: 7 /14/2011 11:56:39 AM
Name: CarnellSteve
Tide: Director - Purchasing/General Services, Purchasing
Date: 7/14/2011 2:1158 PM
Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 7 /14/2011 3:35:01 PM
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Name: KlatzkowJeff
Title: County Attorney,
Date: 7 /14/2011 4:08:15 PM
Name: FinnEd
Date: 7/14/2011 5:17:09 PM
7/26/2011 Item 16.F.3.
Name: PriceLen
Title: Administrator - Administrative Services,
Date: 7/18/2011 1:55:43 PM
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7/26/2011 Item 16.F.3.
2011 TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND FRIENDS OF ROOKERY BAY, INC.
THIS AGREEMENT is made and entered into this lst day of October, 2010, by and
between the Friends of Rookery Bay, 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 PIan (hereinafter referred
to as "Plan's funded by proceeds from the Tourist Development Tax; and
WHEREAS, the Collier County Tourism Ordinance provides that certain of the revenues
generated by the Tourist Development Tax are to be allocated to acquire, construct, extend,
enlarge, remodel, repair, improve, maintain, operate or promote museums owned and operated
by not- for -profit organizations and open to the public; and
WHEREAS, GRANTEE has applied to the Tourist Development Council and the County
to use Tourist Development Tax funds for GRANTEE'S out of county marketing expenses; and
WHEREAS, The Tourist Development Council has recommended funding for
GRANTEE'S out of market advertising, website enhancement and related expenditures; 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 expenditures as set forth in the Budget, attached
hereto as Exhibit "I"', the GRANTEE shall expend the funds for the promotion of GRANTEE'S
marketing (hereinafter "the Project"), to include:
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7/26/2011 Item 16T.3
(i) Advertising and promotional expenses in media outside of Collier County to
increase the number of overnight visitors to Collier County,
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 the fiscal procedures of the
County for the expenditures incurred as described in Paragraph One (1) herein upon submittal of
a Request for Funds on the form attached hereto as Exhibit "D" and made a part hereof, and shall
submit vendor invoices and copies of cancelled checks or other evidence of payment to the
Executive Director of the Naples, Marco, Everglades Convention and Visitors Bureau ( "CVB "),
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.
(b) The Executive Director of the CVB, 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 "F" 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 F ".
(f) All requests for reimbursement must be received by September 30, 2011 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, 2010
and September 30, 2011.
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7/26/2011 Item 161.3.
(c) Any expenditures paid by COUNTY which are later deemed to be ineligible
expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY's written request
to repay said funds.
(d) COUNTY may request repayment of funds for a period of up to three (3) years
after termination of this Agreement or any extension or renewal thereof.
4. INSURANCE:
(a) GRANTEE shall submit a Certificate of Insurance naming the Collier County
Board of County Commissioners and the Tourist Development Council as additional insureds.
(b) The certificate of insurance must be valid for the duration of this Agreement, and
be issued by a company licensed in the State of Florida, and provide General Liability Insurance
for no less than the following amounts:
BODILY INJURY LIABILITY $300,000 each claim per person
PROPERTY DAMAGE LIABILITY $300,000 each claim per person
PERSONAL INJURY LIABILITY $300,000 each claim per person
WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY — Statutory
(c) The Certificate of Insurance must be delivered to the Executive Director of the
CVB or his designee with copies of the Agreement executed by GRANTEE. The GRANTEE
shall not commence promotional or advertising activities which are to be funded pursuant to this
Agreement until the Certificate of Insurance has been received by the COUNTY and the
Agreement is fully executed.
5. REPORTING REQUIREMENTS:
(a) GRANTEE shall provide to County a preliminary status report on the form
attached hereto as Exhibit "A" within thirty (30) days of the effective date of the agreement.
(b) GRANTEE shall provide to County a quarterly interim status report on the form
attached hereto as Exhibit "B ".
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7/26/2011 Item 161.3.
(c) GRANTEE shall provide to County a final status report on the form attached
hereto as Exhibit "C" no later than October 15, 2011.
(d) Each report shall identify the amount spent, the duties performed, the services
provided and the goods delivered since the previous reporting period.
(e) GRANTEE shall take reasonable measures to assure the continued satisfactory
performance of all vendors and subcontractors,
(f) 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 Executive Director of the
CVB.
(g) GRANTEE shall request that visitors to Rookery Bay complete the visitor
questionnaire attached to this Agreement as Exhibit "E ". All completed visitor questionnaires
shall be maintained in accordance with Section 13 of this Agreement.
6. CHOICE OF VENDORS AND FAIR DEALING:
(a) GRANTEE may select vendors or subcontractors to provide services as described
in Paragraph One (1).
(b) COUNTY shall not be responsible for paying vendors and shall not be involved in
the selection of subcontractors or vendors.
(c) GRANTEE agrees to disclose any financial or other relationship between
GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related
employees, agents, officers, directors and/or shareholders.
(d) COUNTY may, in its discretion, object to the reasonableness of expenditures and
require payment if invoices have been paid under this Agreement for unreasonable expenditures,
The reasonableness of the expenditures shall be based on industry standards.
7. INDEMNIFICATION:
GRANTEE shall indemnify and hold harmless Collier County, its agents, officers and
employees from any and all liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the GRANTEE or anyone employed or utilized
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7/26/2011 Item 16.17.3.
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:
Bruce Robertson, Board President
Friends of Rookery Bay
300 Tower Road
Naples, Florida 34113
All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly
served if mailed by registered or certified mail to the COUNTY to:
Jack Wert, Executive Director
Naples, Marco Island, Everglades CVB
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.
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7/26/2011 Item 16.F.3.
11. TERMINATION:
(a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause
by giving thirty (30) days advance written notice of such termination specifying the effective date
of termination.
(b) If the COUNTY terminates this Agreement, the COUNTY will pay the
GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with
subcontractors and vendors, up to the effective date of the termination so long as such expenses are
eligible.
12. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and
accurate accounting records. All revenue related to the Agreement must be recorded, and all
expenditures must be incurred within the term of this Agreement.
13. AVAILABILITY OF FUNDS: This agreement is subject to the availability of
Tourist Development Tax revenues. If for any reason tourist tax funds are not available to fund
all or part of this agreement, the COUNTY may upon written notice, at any time during the term
of this agreement, and at its sole discretion, reduce or eliminate funding under this agreement.
14. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books,
documents, papers and financial information pertaining to work performed under this Agreement
for a period of three (3) years. GRANTEE agrees that the COUNTY, or any of its duly authorized
representatives, shall, until the expiration of three (3) years after final payment under this
Agreement, have access to, and the right to examine and photocopy any pertinent books,
documents, papers, and records of GRANTEE involving any transactions related to this
Agreement.
15. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or
transfer in whole or in part its interest in this Agreement without the prior written consent of the
COUNTY.
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7/26/2011 Item 16.F.3.
16. TERM: This Agreement shall become effective on October 1, 2010 and shall
remain effective for one year until September 30, 2011. 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 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 Executive Director of the CVB or his designee, along with a final budget
analysis by October 15, 2011.
19. REQUIRED NOTATION: All promotional literature and media advertising must
prominently list Collier County and the Tourist Development Council as a source of funds and
display the CVB logo and website address 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.
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7/26/2011 Item 161.3.
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. B OCK, Clerk COLLIER CO /NTT, FLORIDA
By:
�t11td1r! OAi� FRED W. COYLE, Chairman�
AppWed as to.%Ftp and
�AsIrFA it County Attorney °
WITNESSES: GRANTEE:
---t ' ?---- FRIENDS OF ROOKERY BAY, INC.
Printed/Typed Name _._..
Printed typed Name Printed/Typed Name
Printed/Typed Title
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_ 7/26/2011 Item 16.F.3.
EXHIBIT "A"
Collier County Tourist Development Council
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
ADDRESS:
PHONE:
Preliminary Status Report
TITLE:
FAX:
On attached sheet answer the following auestlons and attoth it to vour aaglieation
PRELIMINARY INFORMATION:
Is this a first time project? If not, please give details of past projects.
Do you anticipate using area hotels in support of your project?
If so, what are the estimated hotel room nights generated by project?
What is the estimated revenue generated by this project?
What is the estimated number of participants expected to visit the project?
If project planning is in progress, what has been done, what remains to be done, and are there
any problems?
If the project planning has not been started, why?
List any planned out -of- county advertising, marketing, and /or public relations that will be used in
support of the project.
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7/26/2011 Item 16.F.3.
EXHIBIT "B"
Collier County Tourist Development Council
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
ADDRESS:
PHONE:
Interim Status Report
TITLE:
On an attached sheet, answer the following auestions to Identify the status of the oroiect
Submit this report at least quarterly,
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?
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7/26/2011 Item 16.F.3.
EXHIBIT "C
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 auesrfons for each element in your scone 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 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?
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7/26/2011 Item 16.F.3.
EXHIBIT "D"
REQUEST FOR FUNDS
COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL
EVENT NAME
ORGANIZATION
ADDRESS
CONTACT PERSON TELEPHONE( )
REQUESTPERIOD FROM TO REQUESTp
( ) INTERIM REPORT (i FINAL REPORT
TOTAL CONTRACT AMOUNT $
EXPEL 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.
Each additional request for payment subsequent to the first request, Grantee Is required to submit verification
in writing that all subcontractors and vendors have been paid for work and materials previously performed or
received prior to receipt of any further payments.
If project budget has specific categories with set dollar limits, the Grantee Is required to include a spreadsheet
to show which category each invoice Is being paid from and total of category before payment can be made to
Grantee. Organizations receiving funding should take Into consideration that It will take a maximum of 45 days
for the County to process a check.
Furnishing false information may constitute a violation of applicable State and Federal laws.
CERTIFICATION OF FINANCIAL OFFICER: I certify that the above Information Is correct based on our official
accounting system and records, consistently applied and maintained and that the cost shown have been made
for the purpose of and in accordance with, the terms of the contract. The funds requested are for
reimbursement of actual cost made during this time period.
SIGNATURE TITLE
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— 7/26/2011 Item 161.3.
EXHIBIT "E"
Naples
Marco Island
Everglades
"" ° "` °"' VISITOR QUESTIONNAIRE
Welcome to the Paradise Coast °a. 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 HOTEL /RESORT FRIENDS /FAMILY CONDOMINIUM
STAYING?
NAME OF HOTEL AND CITY /AREA:
NAME OF CONDOMINIUM/TIMESHARE:
p OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY =
HOW DID YOU SELECT THE HOTEL/CONDOMINIUM?
INTERNET I ) 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 Uebig 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 FL
Other
Lake Trafford
EHOPPING_AND DINT
Fifth Avenue South
Third Street South
Waterside Shops
Venetian gay
Sayfront
Tin City
Prime Outlets
Other_
Other
SIGHTSEEING
Lunch /Dinner Cruise/
Sunset Cruise
Cfty Trolley Tour
Everglades Tour
Seaway Tour
Dolphin Cruise
Other
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FAMILY ATTRACTIONS
Naples Zoo
Naples Botanical Garden
Fun 'n Sun Water Park
Swamp Buggy Race
Mini Goff
King Richard's Fun Park
Other
RELAXATION &
ENTERTAINMENT
Golf
Spa
Shelling
Seminole Casino
Lounges & Clubs
Music
Other
7/26/2011 Item 161.3. -
EXHIBIT. "F"
Friends of Rookery Bay
Project Budget
PROJECT EXPENSES:
Intended Utilization of Tourist Tax Funds
Provide an itemized summary indicating the intended use of TDC funds. Please be as explicit as
possible. ineludina intandnd ,... i.t:....e: --- _____ _ _
sheets if necessary.
Video/PSA production and distribution
Website enhancement project
Out -of- county print, online and broadcast major. event ads
(including hotel package promotions)
Naples, Marco Island and the Everglades Visitor Guide
Batfxsh Costume (Quote from Leyenda Productions)
Constant Contact e- communications service annual fee
Greater Naples Chamber of Commerce map listing
VisltFlorida Small Business Partner membership
Total Tourism Funds Utilized
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.$20,000
$15,000
$10,000
$2,000
$1,500
$500
$500
$500
$50,000
7/26/2011 Item 16.17.3.
OFFICE OF THE COUNTY ATTORNEY
MEMORANDUM
TO: Commissioner Georgia Hiller, Chairman, Tourist Development Council
Tourist Development Council Members
CC: Jack Wert, Director, Tourism
Jeffrey A. Klatzkow, County Attorney
FROM: Colleen M. Greene, Assistant County Attorney
DATE: June 6, 2011
RE: Funding Eligibility for the Friends of Rookery Bay
At the May 27, 2011 Tourist Development Council ( "TDC ") meeting, Commissioner Hiller
inquired whether the Friends of Rookery Bay qualified to receive grant funding under Category
C -2, Non - County Owned Museums. At the time, I opined that the group was eligible for
funding. 1 have subsequently researched this issue and discussed it with the County Attorney.
After reviewing both the statute and legislative history, it is my opinion the intent of the County
Ordinance was to fund County, not -for- profit, and municipal museums. As such, at this time, the
Friends of Rookery Bay are not eligible for Category C -2 funding; however, the group is eligible
for Category B funding "promotion and advertising."
Collier County first added Category C funding on or about September 10, 1996, for County
owned museums in Ordinance No. 96 -54, with the following language:
"Category C — To acquire, construct, extend, enlarge, remodel, repair, improve, maintain,
operate or promote one or more County owned museums."
At the time, Section 125.0104(5)(a) I provided:
(5) AUTHORIZED USES OF REVENUE.
(a) All tax revenues received pursuant to this section by a county imposing the tourist
development tax shall be used by that county for the following purposes only:
1. To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate, or
promote one or more publicly owned and operated convention centers, sports stadiums, sports
arenas, coliseums, or auditoriums, or museums that are publicly owned and operated or
owned and operated by not-for-profit organizations and open to the nuhlic .... (emphasis
added.)
The language in the statute remains the same today.
Packet Page - 2458
7/26/2011 Item 16.F.3.
Clearly in 1996, the Board intent was to fund County owned museums. Subsequently, the Board
amended the Ordinance to include museums that are owned and operated by not -for- profit
organizations and open to the public. (Ordinance No. 98 -95). In 2005, this section was amended
again to include municipal owned museums. (Ord. No. 2005 -18).
Based on the County's legislative history it appears that the County intended to fund County
(Category C -1), not - for - profit, and municipal owned museums (Category C -2), and to exclude all
other publically owned museums.
Based on the above, absent an Ordinance amendment, the Friends of Rookery Bay are not
eligible for Category C -2 funding; however, the Friends group is eligible for funding under
Category B "promotion and advertisement."
This issue and funding award should be re- addressed at the next regularly scheduled TDC
meeting.
04 -t IFA- 00002/1027
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7/26/2011 Item 16.17.3,
EXHIBIT A -1 Contract Amendment #2
"2011 Tourism Agreement Between Collier County and Friends of Rookery Bay, Inc."
This amendment, dated , 2011 to the referenced agreement shall be by and between
the parties to the original Agreement, Friends of Rookery Bay, Inc. (to be referred to as "Grantee ") and
Collier County, Florida, (to be referred to as "County ").
Statement of Understanding
RE: Contract # 10 -5551 - "2011 Tourism Agreement Between Collier County and Friends of Rookery
Bay, Inc."
In order to continue the services provided for in the original Contract document referenced above, the
GRANTEE agrees to amend the preamble to the Contract as follows:
WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan ")
funded by proceeds from the Tourist Development Tax; and
WHEREAS, the Collier County Tourism Ordinance provides that certain of the revenues generated by
the Tourist Development Tax are to be allocated to promote and advertise tourism within the State of
Florida, nationally and internationally which encourages tourism; and
WHEREAS, GRANTEE has applied to the Tourist Development Council 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 Category B funding for GRANTEE'S
out of market advertising, website enhancement and related expenditures; 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.
All other terms and conditions of the agreement shall remain in force.
IN WITNESS WHEREOF, the Grantee and the County have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date(s) indicated below.
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7/26/2011 Item 16.F.3.
Accepted: 20
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, Chairman
Approved as to form and
gal sufficiency
(G
%s County Attorney
WITNESSES:
(1)
Printed/Typed Name
(2)
Printed /Typed Name
GRANTEE:
FRIENDS 017 ROOKERY RAY, INC.
BY:
Printed / Tvped Name
Printed /Typed Title
10 -5551 — 2011 Tourism Agreement Between 2
Collier County and Friends of Rookcry Bay
Amendment #2
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