Agenda 09/13/2011 Item #16F79/13/2011 Item 161.7.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign
Amendments to FY 11 Tourist Development Tax Category B and C -2 Grant
Agreements to clarify reimbursement requirements.
OBJECTIVE: Approve amendments to all FY 11 tourist tax grant agreements.
CONSIDERATIONS: The Clerk of Courts Internal Audit Division has suggested
various revisions to the contract language for all FY 11 and future Grant
Agreements to clarify the reimbursement requirements and streamline the
payment procedure. The proposed changes are tracked on the attached FY 11
Category. B and C -2 amendment exhibits. Below is a synopsis of the suggested
revisions:
EVIDENCE OF PAYMENTIPERFORMANCE:
•
Copies of cancelled checks or another legally acceptable evidence of
payment is required to document expenditures.
•
On -line bill pay or credit card transactions require proof of actual payment
by the bank.
•
Original ad tear sheets with proof of date and name of publication or
screen- shots of on -line ads with date documentation are required.
•
Broadcast station affidavits required as proof of performance.
•
SW Florida regional broadcast, print publications or brochure distribution
require publishers statement as to the percentage of circulation within
Collier County. If outside Collier circulation or viewership is over 50 %, all
of the expense is eligible for reimbursement.
•
Prepayments or deposits on services will not be eligible for
reimbursement.
•
Eligible expenditures must be delivered and paid for within the effective
dates of the agreement.
•
Should the above identified documents be unavailable, the GRANTEE
may submit other legally viable evidence of payment subject to review and
approval by the Clerk's Office.
REPORTING REQUIREMENTS:
•
Clarification of calendar quarter Interim Status Reports; documentation of
economic impact required as defined in Exhibit C, "Final Status Report."
REQUIRED
NOTATION:
•
CVB logo and web address and /or funding language of "A cooperative
effort funded by the Collier County Tourist Development Tax" is required
on any form of advertising.
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9/13/2011 Item 16.F.7.
tl"� TERM:
• Agreement extension to 11/30/11 in order for the Grantees to comply with
amendment revisions.
• Expenditures incurred after 9/30/11 will not be eligible for reimbursement.
FISCAL IMPACT: There is no fiscal impact to this action.
GROWTH MANAGEMENT IMPACT: There is no impact on the Growth
Management Plan from this action.
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 Tourist Development Council
(TDC) recommended approval by a vote of 8 -0 at their September 6, 2011
meeting.
RECOMMENDATION: That the Board of County Commissioners approve and
authorize the Chairman to sign Amendments to the FY 11 Tourist Development
Tax Category B and C -2 Grant Agreements to clarify reimbursement
requirements.
SUBMITTED BY: Jack Wert, Tourism Director
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n COLLIER COUNTY
Board of County Commissioners
9/13/2011 Item 16. F.7.
Item Number: 16.F.7.
Item Summary: Recommendation to approve and authorize the Chairman to sign
Amendments to FY 11 Tourist Development Tax Category B and C -2 grant agreements to clarify
reimbursement requirements.
Meeting Date: 9/33/2011
Prepared By
Name: GreenKelly
Title: Tourist Development Tax Coordinator,Tourism
8/30/2011 12:49:09 PM
Submitted by
Title: Director Tourism,Tourism
Name: Werdack
8430/2011 12:49:10 PM
Approved By
Name: WoodLyn
Title: Contracts Specialist,Purchasing & General Services
Date: 8/30/20112:09:20 PM
Name: WertJack
Title: Director - Tourism,Tourism
Date: 8/30/20112:15:09 PM
Name: CarnellSteve
Title: Director - Purchasing/General Services,Purchasing
Date: 8/31/20112:05.-00 PM
Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 8/31/20114:15:57 PM
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Name: KlatzkowJeff
Title: County Attorney,
Date: 9/1/20112:13:28 PM
Name: FinnEd
Date: 9/2/20113:39:19 PM
Name: OchsLeo
Title: County Manager
Date: 9/3/2011 1 <1:16 :05 AM
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9/13/2011 Item 161.7.
9/13/2011 Item 16.F.7.
EXHIBIT A -1 Contract Amendment #1
112011 Tourism Agreement Between Collier County and Corrigan Sports Enterprises, Inc."
This amendment, dated , 2011 to the referenced agreement shall be by and
between the parties to the original Agreement, Corrigan Sports Enterprises, 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 Corrigan Sports
Enterprises, Inc."
In order to continue the services provided for in the original Contract document referenced above, the
GRANTEE agrees to amend the above referenced Contract as per the Exhibit "A1 -A" attached to this
Amendment and incorporated herein by reference. This Amendment shall extend the Agreement through
November 30, 2011,
All other terns 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.
ATTEST:
DWIGHT E. BROCK, Clerk
By:
Dated:
(SEAL)
Approved as to form and
legal sufficiency
Assistant County Attorney
WITNESSES:
(1)
Printed /Typed Name
(2)
Printed /Typed Name
Accepted:
, 2011
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, Chairman
GRANTEE:
Corrigan Sports Enterprises, Inc.
MM
Printed /Typed Name
Printed /Typed Title
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9/13/2011 Item 16.F.7.
Exhibit AI -A
2011 TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND CORRIGAN SPORTS ENTERPRISES, INC. ^
THIS AGREEMENT is made and entered into this 1 st day of October, 2010, by and
between Corrigan Sports Enterprise, 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 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 out of market promotion of a Lacrosse sporting event
to attract overnight visitors to the area; 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 "E ", the GRANTEE shall expend the funds for the out of county promotion of
the IWLCA Lacrosse Event (hereinafter "the Event ").
I'
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9/13/2011 Item 16.F.7.
2. PAYMENT:
(a) The amount to be paid under this Agreement shall be a total of Five Thousand
Dollars ($5,000). 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 "D" and made a part hereof, and shall
submit vendor, 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
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. 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 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 ".E" 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 E ".
(f) Expenditures with publications, broadcast and brochure distribution with
circulation or reach outside Collier County over 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.
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9/13/2011 Item 16.F.7.
(i) All requests for reimbursement must be received prior to November 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 November 30, 2011.
(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. INSURANCE:
(a) GRANTEE shall submit a Certificate of Insurance naming 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 the executed Agreement. 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:
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9/13/2011 Item 16.F.7.
(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.
/01N Zn
(b) GRANTEE shall provide to County a calendar quarter interim status report on the
form attached hereto as Exhibit `B" whether or not a Request for Funds is submitted.
(c) GRANTEE shall provide to County a final status report on the form attached
hereto as Exhibit "C" no later than November 30, 2011.
(d) Each report shall identify the economic impact generated by the GRANTEE
through the use of the reports (Exhibits "A ", `B" and "C ") which 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
WIVA
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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9/13/2011 Item 16. F.7.
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:
Richard Lee Corrigan, President
Corrigan Sports Enterprises, Inc.
6725 Santa Barbara Ct. Suite 104
Elkridge, MD 21075
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.
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.
5
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9/13/2011 Item 16. F.7.
(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
n
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, 2010 and shall
remain effective for one year until November 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 above date in order to complete the Project must be at the express
consent of the Collier County Board of County Commissioners.
6
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9/13/2011 Item 16.F.7.
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 November 30, 2011.
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 with website address tivwxy.paradisecoast.corn 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
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9/13/2011 Item 16.F.7.
IN WETNESS 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
Assistant County Attorney
WITNESSES:
�l)
n
Printed /Typed Name
(2)
Printed /Typed Name
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, Chairman
GRANTEE:
CORRIGAN SPORTS ENTERPRISES, INC.
Printed /Typed Name
Printed /Typed Title
1:
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EXHIBIT "A"
Collier County Tourist Development Council
Preliminary Status Report
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
ADDRESS:
PHONE:
TITLE:
FAX:
9/13/2011 Item 16.F.7.
On an attached sheet, answer the following questions and attach it to your
application.
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.
EXHIBIT "B"
9
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9/13/2011 Item 16.F.7.
Collier County Tourist Development Council
Interim Status Report
EVENT NAME:
,Q ZICYI-11 011 1011-Alt 9 [0011
If
CONTACT PERSON:
ADDRESS:
PHONE:
TITLE:
FAX:
On an attached sheet, answer the following questions to identify the status of the
project. 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?
10
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9/13/2011 Item 16.F.7.
EXHIBIT "C"
Collier County Tourist Development Council
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
ADDRESS:
PHONE:
Final Status Report
TITLE:
11:4?
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 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?
11
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9/13/2011 Item 16.F.7.
EXHIBIT "D"
� 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.
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
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9/13/2011 Item 16. F.7.
EXHIBIT "E"
Corrigan Sports Enterprises, Inc.
Project Budget
Funding — Not to Exceed
Out of County Advertising and Marketing Expenses
in Sports Publications to promote the IWLCA Lacrosse Event
Total:
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$5,000
9/13/2011 Item 16. F.7.
EXHIBIT A -1 Contract Amendment #1
"2011 Tourism Agreement Between Collier County and Naples International Film Festival
(NIFF, Inc.)"
This amendment, dated , 2011 to the referenced agreement shall be by and
between the parties to the original Agreement, Naples International Film Festival (NIFF, 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 Naples International
Film Festival (NIFF, Inc.)"
In order to continue the services provided for in the original Contract document referenced above, the
GRANTEE agrees to amend the above referenced Contract as per the Exhibit "Al -A" attached to this
Amendment and incorporated herein by reference. This Amendment shall extend the Agreement through
November 30, 2011.
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.
ATTEST:
DWIGHT E. BROCK, Clerk
By:
Dated:
(SEAL)
Approved as to form and
legal sufficiency
Assistant County Attorney
WITNESSES:
(1)
Printed/Typed Name
(2)
Printed/Typed Name
Accepted:
-2011
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, Chairman
GRANTEE:
Naples International Film Festival (NIFF, Inc.)
1U-33
Printed/Typed Name
Printed /Typed Title
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9/13/2011 Item 16. F.7.
Exhibit AI -A
2011 TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND NAPLES INTERNATIONAL FILM FESTIVAL, INC.
THIS AGREEMENT is made and entered into this day of , 2010,
by and between NIFF, 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 Plan 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 community information services; 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 "F ", the GRANTEE shall expend the funds for the production the 2010 Naples
International Film Festival (hereinafter "the Project "), .
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9/13/2011 Item 16.F.7.
2. PAYMENT:
(a) The amount to be paid under this Agreement shall be a total of Twenty Thousand
Dollars ($20,000), with Fourteen Thousand Dollars ($14,000) expended in Fiscal Year 2010 and
the balance in Fiscal Year 2011. 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 "D" and made a part
hereof, and shall submit, 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 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. 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.
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(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 line item 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 total amount for
any line item nor, the maximum amount budgeted pursuant to the attached "Exhibit F ". The
amounts applicable to the various line items of Exhibit "F ", subject to the maximum total
amount, may be increased or decreased by up to ten percent (l0 %) at the discretion of
GRANTEE. Adjustment in excess of ten percent (10 %) of any line item maybe authorized by
the County Manager or his designee.
(f) Expenditures with publications, broadcast and brochure distribution with
circulation or reach outside Collier County over 50% of the total will be acceptable for
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9/13/2011 Item 16.F.7.
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 November 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 the effective date
of this agreement and November 30, 2011.
(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 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
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9/13/2011 Item 16.F.7.
(c) The Certificate of Insurance must be delivered to the Tourism Director, or his
designee, with the executed Agreement. 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 calendar quarter interim status report on the
form attached hereto as Exhibit `B" whether or not a Request for Funds is submitted.
(c) GRANTEE shall provide to County a final status report on the form attached
hereto as Exhibit "C" no later than November 30, 2011.
(d) Each report shall identify the economic impact generated by the GRANTEE
through the use of the reports (Exhibits A, B and C) which 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
n 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.
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.
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9/13/2011 Item 16.F.7.
7. INDEMNIFICATION:
GRANTEE shall indemnify and hold hannless 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 certified mail to the GRANTEE at the following address:
Tim Rowe, President
Naples International Film Festival, Inc.
720 Belair Court
Naples, FL 34103
All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly
served if mailed by 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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9/13/2011 Item 16.F.7.
11. TERMINATION:
n
(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.
n
(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 perfonned 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 the date of approval by the
^ Board of County Commissioners and shall remain effective until November 30, 2011. If the
11
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9/13/2011 Item 16.F.7.
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 original 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 one (1) year.
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
November 30, 2011.
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 with website address «vv<v.paradisecoast.com to
qualify for reimbursement. n
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.
rA
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9/13/2011 Item 16. F.7.
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
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
LOW
FRED COYLE, Chainnan
Assistant County Attorney
WITNESSES: GRANTEE:
(1) NIFF, INC.
Printed /Typed Name
(2) BY:
Printed /Typed Name
Printed /Typed Name
Printed /Typed Title
8
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EXHIBIT "A"
Collier County Tourist Development Council
Preliminary Status Report
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
ADDRESS:
PHONE:
1U1141=1
FAX:
9/13/2011 Item 16. F.7.
On an attached sheet, answer the following questions and attach it to your
application.
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. 11-1
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9/13/2011 Item 16.F.7.
EXHIBIT "B"
Collier County Tourist Development Council
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
ADDRESS:
PHONE:
Interim Status Report
TITLE:
M
On an attached sheet, answer the following questions to identify the status of the
project. 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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9/13/2011 Item 16.F.7.
EXHIBIT "C"
Collier County Tourist Development Council
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
ADDRESS:
Final Status Report
TITLE:
FAX:
On an attached sheet, answer the following questions for each element in your n
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?
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9/13/2011 Item 16.F.7.
EXHIBIT "D"
REQUEST FOR FUNDS
COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL
EVENT NAME
ORGANIZATION
ADDRESS
CONTACT PERSON TELEPHONE ( )
REQUEST PERIOD FROM
REQUEST#
( ) INTERIM REPORT ( ) FINAL REPORT
TOTAL CONTRACT AMOUNT $
TO
EXPENSE BUDGET REIMBURSEMENT REQUESTED
TOTALS
NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in
your application and Scope of Services in your agreement. 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
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9/13/2011 Item 16.F.7.
EXHIBIT "F"
2010 Naples International Film Festival, Inc.
Project Budget
Out of Collier County marketing and advertising expenses
to include website and social media site ads.
Up to $14,000 to be expended in Fiscal Year 2010 and the
balance expended in Fiscal Year 2011
Total:
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Funding — Not to Exceed
$20,000
$20,000
9/13/2011 Item 16.F.7.
EXHIBIT A -2 Contract Amendment 42
112011 Tourism Agreement Between Collier County and ArtsNaples World Festival, Inc."
This amendment, dated 2011 to the referenced agreement shall be by and
between the parties to the original Agreement, ArtsNaples World Festival, 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 ArtsNaples World
Festival, Inc."
In order to continue the services provided for in the original Contract document referenced above, the
GRANTEE agrees to amend the above referenced Contract as per the Exhibit "A2 -A" attached to this
Amendment and incorporated herein by reference. This Amendment shall extend the Agreement through
November 30, 2011.
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.
ATTEST:
DWIGHT E. BROCK, Clerk
By:
Dated:
(SEAL)
Approved as to form and
legal sufficiency
Assistant County Attorney
WITNESSES:
(1)
Printed/Typed Name
(2)
Printed/Typed Name
Accepted:
, 2011
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Bv:
FRED W. COYLE, Chainnan
GRANTEE:
ArtsNaples World Festival, Inc.
ft EN
Printed /Typed Name
Printed /Typed Title
Packet Page -2899-
9/13/2011 Item 16. F.7.
Exhibit A2 -A
2011 TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND ARTSNAPLES WORLD FESTIVAL, INC. n
THIS AGREEMENT is made and entered into this 1st day of October, 2010, 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 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 to promote an international celebration of the arts festival;
and
WHEREAS, The Collier County Board of County Commissioners has approved the n
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 "E ", the GRANTEE shall expend the funds for website development to
promote the Naples World Festival (hereinafter "the Project ").
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9/13/2011 Item 16.F.7.
2. PAYMENT:
(a) The amount to be paid under this Agreement shall be a total of Fifteen Thousand
Dollars ($15,000). 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 "D" and made a part hereof, and shall
submit vendor, 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
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. 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 Executive Director of the CVB or his designee shall determine that the
n
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 "E" 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 pav 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 E ".
(f) Expenditures with publications, broadcast and brochure distribution with
circulation or reach outside Collier County over 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 .
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9/13/2011 Item 16.F.7.
(i) All requests for reimbursement must be received prior to November 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 ';ctween October 1, 2010
and November 30, 2011.
(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 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 the executed Agreement. 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:
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9/13/2011 Item 16. F.7.
(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 calendar quarter interim status report on the
form attached hereto as Exhibit `B" whether or not a Request for Funds is submitted.
(c) GRANTEE shall provide to County a final status report on the form attached
hereto as Exhibit "C" no later than November 30. 2011.
(d) Each report shall identif}, the economic impact generated by the GRANTEE
through the use of the reports (Exhibits "A ", "B" and "C ") which 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.
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,
n reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence,
S1
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9/13/2011 Item 16.F.7.
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. 41005
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, 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.
11. TERMINATION:
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9/13/2011 Item 16.F.7.
(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.
n
(b) If the COUNTY terminates this Agreement, the COUNTY will pay the
GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with
subcontractors and vendors, up to the effective date of the termination so long as such expenses are
eligible.
12. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and
accurate accounting records. All revenue related to the Agreement must be recorded, and all
expenditures must be incurred within the term of this Agreement.
13. AVAILABILITY OF FUNDS: This agreement is subject to the availability of
Tourist Development Tax revenues. If for any reason tourist tax funds are not available to fund all
or part of this agreement, the COUNTY may upon written notice , at any time during the term of
this agreement, and at its sole discretion, reduce or eliminate funding under this agreement.
14. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books,
documents, papers and financial information pertaining to work performed under this Agreement
for a period of three (3) years. GRANTEE agrees that the COUNTY, or any of its duly authorized
representatives, shall, until the expiration of three (3) years after final payment under this
Agreement, have access to, and the right to examine and photocopy any pertinent books,
documents, papers, and records of GRANTEE involving any transactions related to this
Agreement.
15. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or
transfer in whole or in part its interest in this Agreement without the prior written consent of the
COUNTY.
16. TERM: This Agreement shall become effective on October 1, 2010 and shall
remain effective for one year until November 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
C.1
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9/13/2011 Item 16. F.7.
this agreement beyond the above date 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 November 30, 2011.
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 with website address vvAvw.paradisec_oast.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
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9/13/2011 Item 16.F.7.
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
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, Chairman
Assistant County Attorney
WITNESSES: GRANTEE:
(1) ARTSNAPLES WORLD FESTIVAL, INC.
Printed /Typed Name
(2) BY:
Printed /Typed Name Printed /Typed Name
Printed /Typed Title
8
Packet Page -2907-
9/13/2011 Item 16. F.7.
EXHIBIT "A"
Collier County Tourist Development Council
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
ADDRESS:
PHONE:
Preliminary Status Report
TITLE:
II,YA
On an attached sheet, answer the followinq questions and attach it to your
application.
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.
9
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9/13/2011 Item 16. F.7.
EXHIBIT "B"
Collier County Tourist Development Council
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
ADDRESS:
Interim Status Report
TITLE:
PHONE: FAX:
10—N On an attached sheet, answer the following questions to identify the status of the
project. 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?
10
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9/13/2011 Item 16.F.7.
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 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 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?
10�.
11
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9/13/2011 Item 16.F.7.
EXHIBIT "D"
REQUEST FOR FUNDS
COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL
EVENT NAME
ORGANIZATION
ADDRESS
CONTACT PERSON TELEPHONE ( )
REQUEST PERIOD FROM
REQUEST#
( ) INTERIM REPORT ( ) FINAL REPORT
TOTAL CONTRACT AMOUNT $
TO
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.
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
12
Packet Page -2911-
Website development
11fM- F
EXHIBIT "E"
ArtsNaples World Festival, Inc.
Project Budget
13
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9/13/2011 Item 16.F.7.
Funding — Not to Exceed
$15,000
$15,000
9/13/2011 Item 16.17.7.
EXHIBIT A -2 Contract Amendment 92
112011 Tourism Agreement Between Collier County and Golisano Children's Museum
of Naples, Inc.
This amendment, dated , 2011 to the referenced agreement shall be by and
between the parties to the original Agreement, Golisano Children's Museum of Naples, 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 Golisano Children's
Museum of Naples, Inc."
In order to continue the services provided for in the original Contract document referenced above, the
GRANTEE agrees to amend the above referenced Contract as per the Exhibit "A2 -A" attached to this
Amendment and incorporated herein by reference. This Amendment shall extend the Agreement through
November 30, 2011.
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.
ATTEST:
DWIGHT E. BROCK, Clerk
By:
Dated:
(SEAL)
Approved as to form and
legal sufficiency
Assistant County Attorney
WITNESSES:
(1)
Printed /Typed Name
(2)
Printed /Typed Name
Accepted:
, 2011
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, Chairman
GRANTEE:
Golisano Children's Museum of Naples, Inc.
RN
Printed /Typed Name
Printed /Typed Title
Packet Page -2913-
9/13/2011 Item 16.F.7.
Exhibit A2 -A
2011 TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND THE GOLISANO CHILDREN'S MUSEUM OF NAPLES,
INC.
THIS AGREEMENT, is made and entered into this 1st day of October, 2010, by and
between the Golisano Children's Museum of Naples, 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 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 the
GRANTEE'S out of county marketing, advertising and promotional 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:
Packet Page -2914-
9/13/2011 Item 16. F.7.
(a) In accordance with the authorized expenditures as set forth in the Budget, attached
hereto as Exhibit "F ", the GRANTEE shall expend the funds for the promotion of GRANTEE'S
Grand Opening (hereinafter "the Project "), to include, but not be limited to:
2. PAYMENT:
(a) The amount to be paid under this Agreement shall be a total of One Hundred
Thousand Dollars ($100,000). 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, 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 Executive Director of the Naples, Marco, Everglades Convention and
n 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. 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 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 for maximum
amount budgeted pursuant to the attached "Exhibit F ".
(f) Expenditures with publications, broadcast and brochure distribution with
n circulation or reach outside Collier County over 50% of the total will be acceptable for
Packet Page -2915-
9/13/2011 Item 16. F.7.
reimbursement at full value based on a statement from the publisher, broadcaster or distributor n
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 by November 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 November 30, 2011.
(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 ,*"IN'
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
Packet Page -2916-
9/13/2011 Item 16.F.7.
(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 calendar quarter interim status report on the
form attached hereto as Exhibit "B" whether or not a Request for Funds is submitted.
(c) GRANTEE shall provide to County a final status report on the form attached
hereto as Exhibit "C" no later than November 30, 2011.
(d) Each report shall identify the economic impact generated by the GRANTEE
through the use of the reports (Exhibits "A ", "B" and "C ") which 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 the the Golisano Children's Museum of
Naples 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:
Packet Page -2917-
9/13/2011 Item 16. F.7.
(a) GRANTEE may select vendors or subcontractors to provide services as described s�
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 n
by the GRANTEE in the perfonnance 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:
Joe Cox, Executive Director
Golisano Children's Museum of Naples, Inc.
P.O. Box 2423
Naples, Florida 34106
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
Packet Page -2918-
i-k, Naples, Marco Island, Everglades CVB
2800 N. Horseshoe Drive
Naples, Florida 34104
n
9/13/2011 Item 161.7.
The GRANTEE and the COUNTY may change the above mailing address at any time
upon giving the other party written notification pursuant to this Section.
9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a
partnership between the COUNTY and the GRANTEE, or its vendors or subcontractors, or to
constitute the GRANTEE, or its vendors or subcontractors, as an agent or employee of the
COUNTY.
10. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all
matters pertaining to this Agreement and shall provide all information and documentation
requested by the COUNTY from time to time pertaining to the use of any funds provided
hereunder.
11. TERMINATION:
(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
Packet Page -2919-
9/13/2011 Item 16. F.7.
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 perfonned 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, 2010 and shall
remain effective for one year until November 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 date above 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 November 30, 2011.
19. REQUIRED NOTATION: All promotional literature and all print, broadcast and
on -line media advertising must prominently list Collier County and the Tourist Development
Packet Page -2920-
9/13/2011 Item 16.F.7.
r"% Council as a source of funds To read: "A cooperative effort 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.
Packet Page -2921-
9/13/2011 Item 16.F.7.
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
By:
FRED W. COYLE, Chairman
Approved as to form and
legal sufficiency
Assistant County Attorney
WITNESSES:
Printed /Typed Name
(2)
Printed /Typed Name
GRANTEE:
GOLISANO CHILDREN'S
NAPLES, INC.
I
Printed /Typed Name
Printed/Typed Title
Packet Page -2922-
MUSEUM OF
9/13/2011 Item 16.F.7.
EXHIBIT "A"
Collier County Tourist Development Council
Preliminary Status Report
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON: TITLE:
ADDRESS:
10TOP114
FAX:
n On an attached sheet, answer the foliowina questions and attach it to your application.
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.
Packet Page -2923-
9/13/2011 Item 16.F.7.
EXHIBIT "B"
Collier County Tourist Development Council
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
ADDRESS:
Interim Status Report
111II1114:1
PHONE: FAX:
n
On an attached sheet, answer the following questions to identify the status of the project.
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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9/13/2011 Item 16. F.7.
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 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?
Packet Page -2925-
9/13/2011 Item 16.F.7.
EXHIBIT "D"
REQUEST FOR FUNDS
COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL
EVENT NAME
ORGANIZATION
ADDRESS
CONTACT PERSON TELEPHONE ( )
REQUEST PERIOD FROM TO
( ) INTERIM REPORT ( ) FINAL REPORT
TOTAL CONTRACT AMOUNT $
EXPENSE BUDGET REIMBURSEMENT REQUESTED
TOTALS
REQUEST #
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 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
Packet Page -2926-
9/13/2011 Item 16. F.7.
EXHIBIT "E"
Naples
Marco Island
Everglades
PARADISE COAST 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
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 FL
King Richard's Fun Park
Other Lake Trafford
Other
Other
SHOPPING AND DINING SIGHTSEEING
RELAXATION &
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
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9/13/2011 Item 16. F.7.
EXHIBIT "F"
GOLISANO Children's Museum of Naples, Inc.
Project Budget
Funding — Not to Exceed
Out of County Advertising and Marketing Expenses Related to the Grand Opening to
include:
Public Broadcast Campaign, Print and Radio Advertising
itmA
Packet Page -2928-
$100,000
9/13/2011 Item 16.F.7.
EXHIBIT A -1 Contract Amendment #1
112011 Tourism Agreement Between Collier County and Southwest Florida Holocaust Museum,
Inc. d /b /a Holocaust Museum of Southwest Florida"
This amendment, dated , 2011 to the referenced agreement shall be by and
between the parties to the original Agreement, Southwest Florida Holocaust Museum, Inc. d/b /a
Holocaust Museum of Southwest Florida (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 Southwest Florida
Holocaust Museum, Inc. d/b /a Holocaust Museum of Southwest Florida"
In order to continue the services provided for in the original Contract document referenced above, the
GRANTEE agrees to amend the above referenced Contract as per the Exhibit "Al -A" attached to this
Amendment and incorporated herein by reference. This Amendment shall extend the Agreement through
November 30, 2011.
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.
ATTEST:
DWIGHT E. BROCK, Clerk
By:
Dated:
(SEAL)
Approved as to form and
legal sufficiency
Assistant County Attorney
WITNESSES:
(1)
Printed/Typed Name
(2)
Printed /Typed Name
Accepted:
, 2011
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
B_v:
FRED W. COYLE, Chairman
A El 214=
SOUTHWEST FLORIDA HOLOCAUST MUSEUM, INC.
d/b /a HOLOCAUST MUSEUM OF SOUTHWEST FLORIDA
S
Printed /Typed Name
Printed /Typed Title
Packet Page -2929-
9/13/2011 Item 16. F.7.
2011 TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND THE SOUTHWEST FLORIDA HOLOCAUST MUSEUM,
INC. D/B /A HOLOCAUST MUSEUM OF SOUTHWEST FLORIDA
THIS AGREEMENT, is made and entered into this I st day of October, 2010, by and
between the Southwest Florida Holocaust Museum, Inc. d/b /a Holocaust Museum 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 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 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:
Packet Page -2930-
9/13/2011 Item 161.7.
n 1. SCOPE OF WORK:
(a) In accordance with the authorized expenditures as set forth in the Budget, attached
hereto as Exhibit "F ", the GRANTEE shall expend the funds for the promotion of GRANTEE'S
marketing (hereinafter "the Project "), to include, but not be limited to:
2. PAYMENT:
(a) The amount to be paid under this Agreement shall be a total of Thirty -Two
Thousand and Five Hundred Dollars ($32,500). 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, 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 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. 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 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 ".
Packet Page -2931-
9/13/2011 Item 16. F.7.
(f) Expenditures with publications, broadcast and brochure distribution with
circulation or reach into Collier County of less than fifty percent (50 %) of 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 after the
effective date, and no later than the expiration date of this Agreement.
(i) All requests for reimbursement must be received by November 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 November 30, 2011.
(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
Packet Page -2932-
n
9/13/2011 Item 16. F.7.
10-1*1 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 calenda quarter interim status report on the
form attached hereto as Exhibit "B" whether or not a Request for Funds is submitted.
(c) GRANTEE shall provide to County a final status report on the form attached
n hereto as Exhibit "C" no -later than November 15, 2011.
(d) Each report shall identify the economic impact generated by the GRANTEE
through the use of the reports (Exhibits "A ", "B" and "C ") which 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
C VB.
(g) GRANTEE shall request that visitors to the Holocaust Museum of Southwest
Florida 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:
Packet Page -2933-
9/13/2011 Item 16. F.7.
(a) GRANTEE may select vendors or subcontractors to provide services as described 10-111,
in Paragraph One (1).
(b) COUNTY shall not be responsible for paying vendors and shall not be involved in
the selection of subcontractors or vendors.
(c) GRANTEE agrees to disclose any financial or other relationship between
GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related
employees, agents, officers, directors and /or shareholders.
(d) COUNTY may, in its discretion, object to the reasonableness of expenditures and
require payment if invoices have been paid under this Agreement for unreasonable expenditures.
The reasonableness of the expenditures shall be based on industry standards.
7. INDEMNIFICATION:
GRANTEE shall indemnify and hold harmless Collier County, its agents, officers and
employees from any and all liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the GRANTEE or anyone employed or utilized
by the GRANTEE in the perfonnance 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:
Alex Vance, Executive Director
Holocaust Museum of Southwest Florida
4760 Tamiami Trail North, Suite 7
Naples, Florida 34103
All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly
served if mailed by registered or certified mail to the COUNTY to:
Jack Wert, Executive Director
Naples, Marco Island, Everglades CVB
Packet Page -2934-
9/13/2011 Item 16.F.7.
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.
11. TERMINATION:
n
(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 tennination.
(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
Packet Page -2935-
9/13/2011 Item 16.F.7.
all or part of this agreement, the COUNTY may upon written notice, at any time during the term ^.
of this agreement, and at its sole discretion, reduce or eliminate funding under this agreement.
14. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books,
documents, papers and financial information pertaining to work performed under this Agreement
for a period of three (3) years. GRANTEE agrees that the COUNTY, or any of its duly authorized
representatives, shall, until the expiration of three (3) years after final payment under this
Agreement, have access to, and the right to examine and photocopy any pertinent books,
documents, papers, and records of GRANTEE involving any transactions related to this
Agreement.
15. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or
transfer in whole or in part its interest in this Agreement without the prior written consent of the
COUNTY.
16. TERM: This Agreement shall become effective on October 1, 2010 and shall
remain effective for one year until November 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 above date 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 November 15, 2011.
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 by the Collier County Tourist
Packet Page -2936-
9/13/2011 Item 16. F.7.
,^ 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.
Packet Page -2937-
9/13/2011 Item 16. F.7.
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
Assistant County Attorney
WITNESSES:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, Chairman
GRANTEE:
(1) SOUTHWEST FLORIDA HOLOCAUST
MUSEUM, INC. d /b /a HOLOCAUST MUSEUM
OF SOUTHWEST FLORIDA
Printed /Typed Name
(2) BY:
Printed /Typed Name
Printed /Typed Name
Printed /Typed Title
Packet Page -2938-
9/13/2011 Item 16. F.7.
EXHIBIT "A"
Collier County Tourist Development Council
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
ADDRESS:
PHONE:
Preliminary Status Report
TITLE:
FAX:
On an attached sheet, answer the following Questions and attach it to your application
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.
Packet Page -2939-
9/13/2011 Item 16.F.7.
EXHIBIT "B"
Collier County Tourist Development Council
J:JTJ:J'JJ I aJ1fAJ� 1:$
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
ADDRESS:
PHONE:
Interim Status Report
TITLE:
AX:
On an attached sheet answer the followina questions to identify the status of the project. 10—%"
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? 11-IN
Packet Page -2940-
9/13/2011 Item 16.F.7.
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 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?
Packet Page -2941-
9/13/2011 Item 16. F.7.
EXHIBIT "D"
REQUEST FOR FUNDS
COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL
EVENT NAME
ORGANIZATION
ADDRESS
CONTACT PERSON TELEPHONE ( )
REQUEST PERIOD
FROM TO
( ) INTERIM REPORT ( ) FINAL REPORT
TOTAL CONTRACT AMOUNT
EXPENSE BUDGET REIMBURSEMENT REQUESTED
TOTALS
REQUEST #
101\
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 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
Packet Page -2942-
.0—%,
9/13/2011 Item 16.F.7.
EXHIBIT "E"
Naples
Marco Island
Everglades
PARADISE COAST VISITOR QUESTIONNAIRE
Welcome to the Paradise Coast 11. 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 FL
Other
Lake Trafford
Other
SHOPPING AND DINING
Fifth Avenue South
Third Street South
Waterside Shops
Venetian Bay
Bayfront
Tin City
Prime Outlets
Other
SIGHTSEEING
Lunch /Dinner Cruise/
Sunset Cruise
City Trolley Tour
Everglades Tour
Segway Tour
Dolphin Cruise
Other
Packet Page -2943-
FAMILY ATTRACTIONS
Naples Zoo
Naples Botanical Garden
Fun 'n Sun Water Park
Swamp Buggy Race
Mini Golf
King Richard's Fun Park
Other
RELAXATION &
ENTERTAINMENT
Golf
Spa
Shelling
Seminole Casino
Lounges & Clubs
Music
Other
EXHIBIT "F"
Holocaust Museum of Southwest Florida
- Project Budget
9/13/2011 Item 16.F.7.
Funding — Not to Exceed
Out of County Advertising and Marketing Expenses to include:
PBS TV and Radio,
Journals and Online Ads
Total:
Packet Page -2944-
$32,500
9/13/2011 Item 16.F.7.
EXHIBIT A -2 Contract Amendment #2
"2011 Tourism Agreement Between Collier County and Naples Art Association, Inc."
This amendment, dated
2011 to the referenced agreement shall be by and
between the parties to the original Agreement, Naples Art Association, 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 Naples Art
Association, Inc."
In order to continue the services provided for in the original Contract document referenced above, the
GRANTEE agrees to amend the above referenced Contract as per the Exhibit "A2 -A" attached to this
Amendment and incorporated herein by reference. This Amendment shall extend the Agreement through
November 30, 2011.
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.
ATTEST:
DWIGHT E. BROCK, Clerk
/�
By:
Dated:
(SEAL)
Approved as to form and
legal sufficiency
Assistant County Attorney
WITNESSES:
(1)
Printed /Typed Name
(2)
Printed /Typed Name
Accepted:
, 201 l
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, Chairman
GRANTEE:
Naples Art Association, Inc.
Printed/Typed Name
Printed /Typed Title
Packet Page -2945-
9/13/2011 Item 16. F.7.
Exhibit A2 -A
2011 TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND NAPLES ART ASSOCIATION, INC.
d /b /a The von Liebig Art Center
THIS AGREEMENT, is made and entered into this 1st day of October, 2010, by and
between 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 of the revenues
generated by the Tourist Development Tax are to be allocated to acquire, construct, extend,
enlarge, remodel, repair, improve, maintain, operate or promote museums owned and operated
by not - for - profit organizations and open to the public; and
WHEREAS, GRANTEE has applied to the Tourist Development Council and the County
to use Tourist Development Tax funds for GRANTEE'S marketing expenses to promote exhibits
and festivals to attract visitors and enhance the quality of life for area residents; and
WHEREAS, The Tourist Development Council has recommended funding for
GRANTEE'S out of county market advertising expenditures for the promotion of major off-
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:
Packet Page -2946-
9/13/2011 Item 16.F.7.
1. SCOPE OF WORK:
(a) In accordance with the authorized expenditures as set forth in the Budget, attached
hereto as Exhibit "F ", the GRANTEE shall expend the funds for the promotion of GRANTEE'S
marketing (hereinafter "the Project "), to include, but not be limited to:
2. PAYMENT:
(a) The amount to be paid under this Agreement shall be a total of Thirty-Seven
Thousand and Five Hundred Dollars ($37,500). 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, 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 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. 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 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.
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9/13/2011 Item 16.F.7.
(e) GRANTEE shall be paid for its actual costs, not to exceed the maximum amount 111-IN
budgeted pursuant to the attached "Exhibit P.
(f) Expenditures with publications, broadcast ana erocnure aistrmuuon w]Ln
circulation or reach outside Collier County over 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.
(i) All requests for reimbursement must be received by November 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 November 30, 2011.
(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:
Packet Page -2948-
9/13/2011 Item 16.F.7.
/01N 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 calendar quarter interim status report on the
form attached hereto as Exhibit `B" whether or not a Request for Funds is submitted.
(c) GRANTEE shall provide to County a final status report on the form attached
hereto as Exhibit "C" no later than November 30, 2011.
(d) Each report shall identify the economic impact generated by the GRANTEE
through the use of the reports (Exhibits "A ", "B" and "C ") which 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 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 Section 13 of this Agreement.
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9/13/2011 Item 16.F.7.
6. CHOICE OF VENDORS AND FAIR DEALING:
(a) GRANTEE may select vendors or subcontractors to provide services as described
in Paragraph One (1).
(b) COUNTY shall not be responsible for paying vendors and shall not be involved in
the selection of subcontractors or vendors.
(c) GRANTEE agrees to disclose any financial or other relationship between
GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related
employees, agents, officers, directors and /or shareholders.
(d) COUNTY may, in its discretion, object to the reasonableness of expenditures and
require payment if invoices have been paid under this Agreement for unreasonable expenditures.
The reasonableness of the expenditures shall be based on industry standards.
7. INDEMNIFICATION:
GRANTEE shall indemnify and hold harmless Collier County, its agents, officers and
employees from any and all liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the GRANTEE or anyone employed or utilized
by the GRANTEE in the performance of this Agreement. This indemnification obligation shall
not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be
available to an indemnified party or person described in this paragraph.
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, Florida 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:
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9/13/2011 Item 16.F.7.
n 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.
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
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9/13/2011 Item 16.F.7.
all or part of this agreement, the COUNTY may upon written notice, at any time during the term
of this agreement, and at its sole discretion, reduce or eliminate funding under this agreement.
14. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books,
documents, papers and financial information pertaining to work performed under this Agreement
for a period of three (3) years. GRANTEE agrees that the COUNTY, or any of its duly authorized
representatives, shall, until the expiration of three (3) years after final payment under this
Agreement, have access to, and the right to examine and photocopy any pertinent books,
documents, papers, and records of GRANTEE involving any transactions related to this
Agreement.
15. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or
transfer in whole or in part its interest in this Agreement without the prior written consent of the
COUNTY.
16. TERM: This Agreement shall become effective on October 1, 2010 and shall
remain effective for one year until November 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 above date 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 November 30, 2011.
19. REQUIRED NOTATION: All promotional literature and all print, broadcast and
on -line media advertising must prominently list Collier County and the Tourist Development
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9/13/2011 Item 16. F.7.
n 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.
n
Packet Page -2953-
9/13/2011 Item 16.F.7.
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
Assistant County Attorney
WITNESSES:
(1)
Printed /Typed Name
(2)
Printed /Typed Name
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
1-01 M
FRED COYLE, Chairman
GRANTEE:
NAPLES ART ASSOCIATION, INC. d/b /a
The von Liebi- Art Center
Printed /Typed Name
Printed /Typed Title
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9/13/2011 Item 16.F.7.
EXHIBIT "A"
Collier County Tourist Development Council
Preliminary Status Report
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON: TITLE:
ADDRESS:
PHONE:
FAX:
On an attached sheet answer the followina questions and attach it to your application
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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9/13/2011 Item 16.F.7.
EXHIBIT "B"
Collier County Tourist Development Council
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
ADDRESS:
I9:L0L1:6
Interim Status Report
TITLE:
On an attached sheet, answer the following Questions to identify the status of the project.
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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9/13/2011 Item 16.F.7.
^ 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 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?
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9/13/2011 Item 161.7
EXHIBIT "D"
REQUEST FOR FUNDS
COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL
EVENT NAME
ORGANIZATION
ADDRESS
CONTACT PERSON TELEPHONE ( )
REQUEST PERIOD FROM
( ) INTERIM REPORT
TOTAL CONTRACT AMOUNT $
TOTALS
TO
( ) FINAL REPORT
EXPENSE BUDGET REIMBURSEMENT REQUESTED
REQUEST #
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 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
Packet Page -2958-
10�
9/13/2011 Item 16.F.7
1WA:ll ]kM: i
Naples
Marco Island
Everglades
PARADISE COAST" 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 FL
Other
Lake Trafford
Other
SHOPPING AND DINING
Fifth Avenue South
Third Street South
Waterside Shops
Venetian Bay
Bayfront
Tin City
Prime Outlets
Other
SIGHTSEEING
Lunch /Dinner Cruise/
Sunset Cruise
City Trolley Tour
Everglades Tour
Segway Tour
Dolphin Cruise
Other
Packet Page -2959-
FAMILY ATTRACTIONS
Naples Zoo
Naples Botanical Garden
Fun 'n Sun Water Park
Swamp Buggy Race
Mini Golf
King Richard's Fun Park
Other
RELAXATION &
ENTERTAINMENT
Golf
Spa
Shelling
Seminole Casino
Lounges & Clubs
Music
Other
9/13/2011 Item 16.F.7.
EXHIBIT "F"
Naples Art Association, Inc.
d /b /aThe von Liebig Art Center
Project Budget
Funding — Not to Exceed
Out of County Advertising and Marketing Expenses to include:
Off Season Major Festival and Event Advertising, Print and Mailings
Total:
Packet Page -2960-
$37,500
n
9/13/2011 Item 16. F.7.
EXHIBIT A -2 Contract Amendment #2
"2011 Tourism Agreement Between Collier County and Naples Botanical Garden, Inc."
This amendment, dated , 2011 to the referenced agreement shall be by and
between the parties to the original Agreement, Naples Botanical Garden, 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 Naples Botanical
Garden, Inc."
In order to continue the services provided for in the original Contract document referenced above, the
GRANTEE agrees to amend the above referenced Contract as per the Exhibit "A2 -A" attached to this
Amendment and incorporated herein by reference. This Amendment shall extend the Agreement through
November 30, 2011.
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.
ATTEST:
DWIGHT E. BROCK, Clerk
By:
Dated:
(SEAL)
Approved as to form and
legal sufficiency
Assistant County Attorney
WITNESSES:
(1)
Printed /Typed Name
(2)
Printed/Typed Name
Accepted:
.2011
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, Chairman
GRANTEE:
Naples Botanical Garden, Inc.
mm
Printed /Typed Name
Printed /Typed Title
Packet Page - 2961
9/13/2011 Item 16.F.7.
Exhibit A2 -A ^
2011 TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND NAPLES BOTANICAL GARDEN, INC.
THIS AGREEMENT, is made and entered into this I st day of October, 2010, by and
between Naples Botanical Garden, 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 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 county market advertising, website enhancement and related marketing and
promotional 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:
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9/13/2011 Item 16.F.7.
1. SCOPE OF WORK:
(a) In accordance with the authorized expenditures as set forth in the Budget, attached
hereto as Exhibit "F ", the GRANTEE shall expend the funds for the promotion of GRANTEE'S
marketing (hereinafter "the Project "), to include, but not be limited to:
2. PAYMENT:
(a) The amount to be paid under this Agreement shall be a total of Seventy -Five
Thousand Dollars ($75,000). 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, 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
,n samples of printed materials 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.
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 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 total amount for
any line item nor the maximum amount budgeted pursuant to the attached "Exhibit F"
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9/13/2011 Item 16.F.7.
(f) Expenditures with publications, broadcast and brochure distribution with 10-11
circulation or reach outside Collier County over 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.
(i) All requests for reimbursement must be received by November 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 November 30, 2011.
(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. 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
Packet Page -2964-
9/13/2011 Item 16.F.7.
,0-I, 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 calendar quarter interim status report on the
form attached hereto as Exhibit "B "whether or not a Request for Funds is submitted.
(c) GRANTEE shall provide to County a final status report on the form attached
hereto as Exhibit "C" no later than November 30, 2011.
(d) Each report shall identify the economic impact generated by the GRANTEE
through the use of the reports (Exhibits "A ", `B" and "C ") which 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
perfonnance 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 the Naples Botanical Gardens 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:
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9/13/2011 Item 16.F.7.
(a) GRANTEE may select vendors or subcontractors to provide services as described 11'1
in Paragraph One (1).
(b) COUNTY shall not be responsible for paying vendors and shall not be involved in
the selection of subcontractors or vendors.
(c) GRANTEE agrees to disclose any financial or other relationship between
GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related
employees, agents, officers, directors and /or shareholders.
(d) COUNTY may, in its discretion, object to the reasonableness of expenditures and
require payment if invoices have been paid under this Agreement for unreasonable expenditures.
The reasonableness of the expenditures shall be based on industry standards.
7. INDEMNIFICATION:
GRANTEE shall indemnify and hold harmless Collier County, its agents, officers and
employees from any and all liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the GRANTEE or anyone employed or utilized
by the GRANTEE in the performance of this Agreement. This indemnification obligation shall
not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be
available to an indemnified party or person described in this paragraph.
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:
Brian Holley, Executive Director
Naples Botanical Garden
4820 Bayshore Drive
Naples, Florida 34112
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 n
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9/13/2011 Item 16.F.7.
Aloft., 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.
11. TERMINATION:
n
(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 tern 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
Packet Page -2967-
9/13/2011 Item 16.F.7.
all or part of this agreement, the COUNTY may upon written notice , at any time during the term
of this agreement, and at its sole discretion, reduce or eliminate funding under this agreement.
14. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books,
documents, papers and financial information pertaining to work performed under this Agreement
for a period of three (3) years. GRANTEE agrees that the COUNTY, or any of its duly authorized
representatives, shall, until the expiration of three (3) years after final payment under this
Agreement, have access to, and the right to examine and photocopy any pertinent books,
documents, papers, and records of GRANTEE involving any transactions related to this
Agreement.
15. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or
transfer in whole or in part its interest in this Agreement without the prior written consent of the
COUNTY.
16. TERM: This Agreement shall become effective on October 1, 2010 and shall
n
remain effective for one year until November 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 above date 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 November 30, 2011.
19. REQUIRED NOTATION: All promotional literature and all print, broadcast and
on -line media advertising must prominently list Collier County and the Tourist Development
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9/13/2011 Item 16.F.7.
n 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.
n
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9/13/2011 Item 16.F.7.
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
Assistant County Attorney
WITNESSES:
Printed /Typed Name
(2)
Printed /Typed Name
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
wo
FRED W. COYLE, Chairman
GRANTEE:
NAPLES BOTANICAL GARDEN, INC.
M.
Printed /Typed Name
Printed /Typed Title
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9/13/2011 Item 16. F.7.
EXHIBIT "A"
Collier County Tourist Development Council
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
ADDRESS:
PHONE:
Preliminary Status Report
TITLE:
FAX:
/''N On an attached sheet, answer the folio questions and attach it to your application.
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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9/13/2011 Item 16.F.7.
EXHIBIT "B"
Collier County Tourist Development Council
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
ADDRESS:
PHONE:
Interim Status Report
11111111t:6
FAX:
On an attached sheet answer the following questions to identify the status of the proiect.
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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9/13/2011 Item 16.F.7.
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 foliowing 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?
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9/13/2011 Item 16. F.7.
EXHIBIT "D"
REQUEST FOR FUNDS
COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL
EVENT NAME
ORGANIZATION
ADDRESS
CONTACT PERSON TELEPHONE ( )
REQUEST PERIOD
( ) INTERIM REPORT
FROM TO
TOTAL CONTRACT AMOUNT $
EXPENSE
TOTALS
( ) FINAL REPORT
BUDGET REIMBURSEMENT REQUESTED
REQUEST #
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 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
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9/13/2011 Item 16.F.7.
EXHIBIT "E"
Naples
Marc - d
Everglades
PARADISE COAST' 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 FL
Other
Lake Trafford
Other
SHOPPING AND DINING
Fifth Avenue South
Third Street South
Waterside Shops
Venetian Bay
Bayfront
Tin City
Prime Outlets
Other
SIGHTSEEING
Lunch /Dinner Cruise/
Sunset Cruise
City Trolley Tour
Everglades Tour
Segway Tour
Dolphin Cruise
Other
Packet Page -2975-
FAMILY ATTRACTIONS
Naples Zoo
Naples Botanical Garden
Fun `n Sun Water Park
Swamp Buggy Race
Mini Golf
King Richard's Fun Park
Other
RELAXATION &
ENTERTAINMENT
Golf
Spa
Shelling
Seminole Casino
Lounges & Clubs
Music
Other
EXHIBIT "F"
Naples Botanical Garden
Project Budget
9/13/2011 Item 16.F.7.
Funding — Not to Exceed
Out of County Advertising and Marketing Expenses to include:
Online Marketing and Regional Advertising
Total:
Packet Page -2976-
$75,000
9/13/2011 Item 16.F.7.
EXHIBIT A -2 Contract Amendment 92
"2011 Tourism Agreement Between Collier County and United Arts Council of
Collier County, Inc."
This amendment, dated . 2011 to the referenced agreement shall be by and
between the parties to the original Agreement, United Arts Council of Collier County, Inc. (to be referred
to as "Vendor ") and Collier County, Florida, (to be referred to as "County').
Statement of Understanding
RE: Contract # 10 -5551 - "2011 Tourism Agreement Between Collier County and United Arts Council
of Collier County, Inc."
In order to continue the services provided for in the original Contract document referenced above, the
VENDOR agrees to amend the above referenced Contract as per the Exhibit "A2 -A" attached to this
Amendment and incorporated herein by reference. This Amendment shall extend the Agreement through
November 30, 201.1.
All other terms and conditions of the agreement shall remain in force.
IN WITNESS WHEREOF, the Vendor and the County have each, respective] };, by an authorized person
or agent, hereunder set their hands and seals on the date(s) indicated below.
ATTEST:
DWIGHT E. BROCK, Clerk
By:
Dated:
(SEAL)
Approved as to form and
legal sufficiency
Assistant County Attorney
WITNESSES:
(1)
Printed/Typed Name
(2)
Printed /Typed Name
Accepted:
, 2011
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, Chairman
VENDOR:
United Arts Council of Collier County, Inc.
l�
Printed /Typed Name
Printed /Typed Title
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9/13/2011 Item 16.F.7.
Exhibit A2 -A
2011 TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND UNITED ARTS COUNCIL OF COLLIER COUNTY, INC.
THIS AGREEMENT is made and entered into this I st day of October, 2010, by and
between United Arts Council of Collier County, Inc., a Florida not - for - profit corporation,
hereinafter referred to as "VENDOR" 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 Plan 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, VENDOR has proposed to the Tourist Development Council and the
County to use Tourist Development Tax funds for community information services including the
production and printing of a monthly calendar of events for arts and cultural activities; and
WHEREAS, the Tourist Development Council has recommended funding for the
production of a monthly arts and culture calendar; and
WHEREAS, The Collier County Board of County Commissioners has approved the
funding proposal of the VENDOR 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 "A ", the VENDOR shall produce a monthly arts and culture calendar
(hereinafter "the Project ").
1
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9/13/2011 Item 16. F.7.
2. PAYMENT:
n
(a) The amount to be paid under this Agreement shall be a total of Twenty -Four
Thousand Dollars ($24,000). VENDOR 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
an invoice, 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 Executive Director of the Naples, Marco, Everglades
Convention and Visitors Bureau ( "CVB "), or his designee, for review and upon verification by
letter from the VENDOR 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 Executive Director of the CVB or his designee shall determine that the
n 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 line item 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 VENDOR until the Clerk of the Board of County
Commissioners pre- audits all payment invoices in accordance with law.
(e) VENDOR 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 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
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9/13/2011 Item 16. F.7.
(h) Services or product must be delivered and paid for by VENDOR between the effective
dates of this agreement.
(i) All requests for reimbursement must be received prior to November 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 November 30, 2011.
(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:
rte,
(a) VENDOR shall submit a Certificate of Insurance naming 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 the executed Agreement. The VENDOR shall not commence work to
be funded pursuant to this Agreement until the Certificate of Insurance has been received by the
COUNTY and the Agreement is fully executed.
3
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9/13/2011 Item 16.F.7.
5. CHOICE OF VENDORS AND FAIR DEALING:
i"1 (a) VENDOR 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) VENDOR agrees to disclose any financial or other relationship between
VENDOR 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.
6. INDEMNIFICATION:
VENDOR 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,
n recklessness, or intentionally wrongful conduct of the VENDOR or anyone employed or utilized
by the VENDOR 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.
7. NOTICES:
All notices from the COUNTY to the VENDOR shall be in writing and deemed duly
served if mailed by registered or certified mail to the VENDOR at the following address:
Elaine Hamilton, Executive Director
United Arts Council of Collier County, Inc.
2335 Tamiami Trail North, 9504
Naples, FL 34103 -4459
All notices from the VENDOR 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
rd
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9/13/2011 Item 16. F.7.
The VENDOR and the COUNTY may change the above mailing address at any time
upon giving the other party written notification pursuant to this Section.
8. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a
partnership between the COUNTY and the VENDOR, or its vendors or subcontractors, or to
constitute the VENDOR, or its vendors or subcontractors, as an agent or employee of the
COUNTY.
9. COOPERATION: VENDOR 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.
10. TERMINATION:
(a) The COUNTY or the VENDOR 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 VENDOR
for all expenditures or contractual obligations incurred by VENDOR, with subcontractors and
vendors, up to the effective date of the termination so long as such expenses are eligible.
11. GENERAL ACCOUNTING: VENDOR 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.
12. 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 fiinding under this agreement.
5
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9/13/2011 Item 16. F.7.
13. AVAILABILITY OF RECORDS: VENDOR shall maintain records, books,
n documents, papers and financial information pertaining to work performed under this Agreement
for a period of three (3) years. VENDOR 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 VENDOR involving any transactions related to this Agreement.
14. PROHIBITION OF ASSIGNMENT: VENDOR shall not assign, convey, or
transfer in whole or in part its interest in this Agreement without the prior written consent of the
COUNTY.
15. TERM: This Agreement shall become effective on October 1, 2010 and shall
remain effective for one year until November 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 above date in order to complete the Project must be at the express
consent of the Collier County Board of County Commissioners.
n 16. The VENDOR 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.
17. 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 with website address �«v"7.naradisecoast.com to
qualify for reimbursement.
18. 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.
0
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9/13/2011 Item 161.7.
IN WITNESS WHEREOF, the VENDOR 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
Assistant County Attorney
WITNESSES:
(1)
Printed /Typed Name
(2)
Printed/Typed Name
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, Chairman
VENDOR:
UNITED ARTS COUNCIL OF COLLIER .-.,
COUNTY, INC.
:i
Printed/Typed Name
Printed /Typed Title
7
Packet Page -2984-
n
EXHIBIT "A"
United Arts Council of Collier County, Inc.
Project Budget
Printing of calendars
Data compilation, graphics, typesetting & layout
Distribution (postage, mail services, delivery fees)
Total:
C
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9/13/2011 Item 16.F.7.
Funding — Not to Exceed
$24,000