Loading...
Agenda 09/27/2011 Item #16F 7 9/27/2011 Item 18.F.7. 1'"""\ EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign FY 12 Tourism Agreements for Category B Grant Agree.rnents totaling $65,000; Category C-2 Gram Agreements totaling $240,000; and a Tourism Department printing project totaling . $24,000 and waive grant appHcation multiple year funding guidelines where appropriate OBJ~CTIVE:Approval of FY 12 tourist tax grant agreements based on Tourist Development Council (TDC) funding recommendations on May 23, 2011 for Category B and Category C-2 grant applications and a T ouriam. Department printing project. CONSIDERATPflI: Grant applications were made available on the Collier County tourism website in January 2011 and were initially reviewed by the Tourism Director and .then by a panel of five tourism industry representatives on May 12, 2011. The review.panel recommendations were subsequently presented to. the TOC on May 23, 2011. Agreements have been prepared for each grantee based on the funding recommended by the TDC, reimbursement requirements in the grant application guidelines and input from the Clerk of Courts Internal Audit Division. 1'"""\ CATEGORY BMARKETING & EVENT GRANTS ArtNaples World Festival, Inc.- $25,000: to promote a community-wide, multi- venue art and music festival, scheduled for May 14-20, 2012. The festival will use multiple Collier area venues and will feature art and culture from the Russian region. They are requesting assistance in advertising in out of market media within a one day drive of Collier. The original request was for $25,000, the TOC recommended $25,000 consistent with the Grant Review panel. Friends of Rookery Bay .. $40,000: The Friends group, which supports the Rookery Bay National Estuary Preserve with volunteers and fund raising assistance, originally applied for an FY 12 Category C-2 Museum grant and the County Attorney suggested it would better qualify as a Category B Marketing grant. The group had received a Category B grant in FY 08 for $25,000. Attendance at the facility increased 34% to 35,000 in 2010 due to the increased promotional effo.rts supported by TDC grant funds. The requested funding is to promote the facility using e-marketing, broadcast and cable advertising, website enhancements and a new mobile application. The original request was for $54,500, the TDC recommended $40,000 consistent with the Grant Review panel as a Category B grant. r-"', Packet Page -2188- 9/27/2011 Item 16.F.7. ,.-..." CATEGORY C-2 GRANTS - Non County Owned or Operated Museums Golisano Children's Museum of Naples - $100,000: The museum is nearing completion on the north side of North Collier Regional Park and plans to open in the Fall of 2011. This is the fourth request for funding from this organization. The requested funds will be used to promote two exhibit areas in the new museum using traveling exhibits. The original request was for $150,000, the TDC recommended $100,000 consistent with the Grant Review Panel. Southwest Florida Holocaust Museum, Inc. - $30,000: The museum staff estimates 2010 overnight attendance for the museum at 2,732. This is their fifth request for funding. The Grant Review Committee noted that the request this year is for two special exhibits at the museum. One is Anne Frank - Past & Present- an art presentation of Florida artist Myra Robert. The second exhibit is Paintings of Irena Sendler -Children of the Warsaw Ghetto. Funds will be used for promoting the two exhibits in out of market media mirroring the CVB's targeted markets. The original request was for $75,000, the TDC recommended $30,000 consistent with the Grant Review Panel. ~ Naples Art Association, dba von Liebig Art Center - $35,000: This organization has received TDC grant funding for the past five years. They estimate attendance at their major events at 76,210 with 795 hotel room nights. They are requesting funding assistance for out of market advertising of their 2012 festivals. The original request was for $75,849, the TDC recommended $35,000 consistent with the Grant Review panel. Naples Botanical Garden - $75,000: This organization has received TDC grant funding since 2001 during their initial construction phase. They have now completed their major redevelopment project with the opening of their final two garden exhibits. They report attendance for last year at 92,706 with 65% from out of Collier County. They have requested funding for advertising and promotion targeting Florida drive markets and the Florida Hispanic Market using website banner ads, search engine marketing and Facebook ads. The original request for this year was for $208,000, the TDC recommended $75,000 consistent with the Grant Review panel. TOURISM DEPARTMENT PRINTING PROJECT United Arts Council of Collier County - $24,000: United Arts Council of Collier County produces an annual printed cultural events calendar. These calendars are provided to area Visitor Centers, arts organizations, hotel concierge desks and are included in area information packets distributed by the Economic Development Council, Chambers of Commerce and hotel sales executives. This is the Council's fifth request for funding of this project. The TDC suggested this .-.. project be funded as a CVB printing project at $24,000. packetPage-2189- 9/27/2011 Item 16.F.7. --. FISCAL IMPACT: Funding for Category B grants in the amount of $65,000, Category C-2 grants in the amount of $240,000, and a Tourism Department Printing Project in the amount of $24,000 is included in the Tourism Department's FY 12 marketing budget. 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 recommended approval by a vote of 8-0 at the September 6, 2011 meeting. RECOMMENDATION: That the Board of County Commissioners approve and authorize the Chairman to sign FY 12 Tourism Agreements for Category B marketing grants totaling $65,000; Category C-2 grants totaling $240,000; and a Tourism Department printing project totaling $24,000 and waive grant application multiple year funding guidelines where appropriate. SUBMITTED BY: Jack Wert, Tourism Director ~ --. Packet Page -2190- ~ COLLIER COUNTY Board of County Commissioners 9/27/2011 Item 16.F.7. Item Number: 16.F.7. Item Summary: Recommendation to approve and authorize the Chairman to sign FY 12 Tourism Agreements for Category B Grant Agreements totaling $65,000; Category C-2 Grant Agreements totaling $240,000; and a Tourism Department printing project totaling $24,000 and waive grant application multiple year funding guidelines where appropriate. Meeting Date: 9/27/2011 Prepared By Name: GreenKelly Title: Tourist Development Tax Coordinator,Tourism 9/13/2011 4:11 :36 PM Submitted by ~ Title: Director - Tourism,Tourism Name: WertJack 9/13/20114:11:38PM Approvcd By Name: Wel1Jack. Title: Director - Tourism.Tourism Date: 9/13/2011 4:31 :03 PM Name: WoodLyn Title: Contracts Specialist,Purchasing & General Services Date: 9/13/2011 4:45:06 PM Name: Carnell Steve Title: Director - Purchasing/General Services,Purchasing Date: 9/14/2011 3:40:30 PM ~ Name: GreeneColleen Title: Assistant County Attorney,County Attorney Date: 9/15/2011 10:41:56 AM Packet Page -2191- 9/27/2011 Item 16.F.7. .-..... Name: FinnEd Date: 9/16/2011 5:01:09 PM Name: KlatzkowJeff Title: County Attorney, Date: 9/19/2011 3:47:10 PM Name: OchsLeo Title: County Manager Date: 9/19/20119:10:56 PM .-..... .-..... Packet Page -2192- 9/27/2011 Item 16.F.7. ~ 2012 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND ARTSNAPLES WORLD FESTIVAL, INe. THIS AGREEMENT IS made and entered into this day of ,2011, 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 for out of county promotion of an international celebration of the arts festival; and ~ WHEREAS, the Collier County Board of County Commissioners has approved the funding request of the GRANTEE and the Chairman was authorized to execute the Tourism Agreement. NO\\!. THEREFORE. BASED UPON THE MUTUAL COVENANTS AND PREMISES PROV1DED HEREIN. AND OTHER VALUABLE CONSIDERA TIOK IT IS MUTUAllY AGREED AS FOllOWS: I. 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 out of county promotion of the ArtsNaples World Festival (hereinafter "the Project"). ~ 1 Packet Page -2193- 9/27/2011 Item 16.F.7. 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Twenty Five Thousand Dollars ($25,000). GRANTEE shall be paid in accordance with fiscal procedures of the County for the expenditures incurred as described in Paragraph One (1) herein upon submittal of a Request for Funds on the form attached hereto as Exhibit "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 Tourism Director or his designee, for review and upon verification by letter from the GRANTEE that the services or work performed as described in the invoice have been completed or that the goods have been received and that all vendors have been paid. Should these documents be unavailable, the GRANTEE may submit other legally viable evidence of payment subject to review and approval by the Clerk's Office. (b) The Tourism Director or his designee shall determine that the invoice payments are authorized and that the goods or services covered by such invoice( s] have been provided or performed in accordance with such authorization. The budget attached as Exhibit "F" shall constitute authorization for the expenditure[s] described in the invoice[s]. (c) All expenditures shall be made in conformity \vith this Agreement. (d) The COl'NT\' shall not pay GRANTEE until the Clerk of the Board of Count) Commissioners pre-audits all payment invoices in accordance with law. (e) GRANTEE shall be paid for its actual costs, not to exceed the maximum amount budgeted pursuant to the attached "Exhibit F". (f) Expenditures with publications, broadcast and brochure distribution with circulation or reach outside Collier County over fifty percent (50%) of the total will be acceptable for reimbursement at full value based on a statement from the publisher, broadcaster or distributor attesting to that circulation percentage. (g) Invoices for prepayment or for deposit on servIces will not be eligible for reim bursement. (h) Services or product must be delivered and paid for by GRANTEE between the effective dates of this agreement. 2 Packet Page -2194- ..-. ..-.. ..-.. ~. ~ 9/27/2011 Item 16.F.7. (i) All requests for reimbursement must be received prior to September 30,2012 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, 2011 and September 30,2012. (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 ofthis Agreement or any extension or renewal thereof. 4. REPORTING REOUIREMENTS: (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 fonn 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 October 15.1011. (d) Each report shall identify the economic impact generated by the GRANTEE through the use of 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. (1) COUNTY may withhold any interim or final payments for failure of GRANTEE to provide the interim status report or final status report until the County receives the interim status report or. final status report or other report acceptable to the Tourism Director. (g) GRANTEE shall request that visitors to the the ArtsNaples World Festival ~ complete the visitor questionnaire attached to this Agreement as Exhibit "E". All completed 3 Packet Page -2195- 9/27/2011 Item 16.F.7. visitor questionnaires shall be maintained in accordance with Paragraph Thirteen (13) of this Agreement. ,-.. 5. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming the Collier County Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person (c) The Certificate of Insurance must be delivered to the Tourism Director or his designee with copies of the Agreement executed by GRANTEE. The GRANTEE shall not commence promotional or advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY and the Agreement is fully executed. ~ 6. CHOICE OF VENDORS AND FAIR DEL\L1NG: (a) GRANTEE may select vendors or subcontractors 10 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 ofthe expenditures shall be based on industry standards. --.. 4 Packet Page -2196- 9/27/2011 Item 16.F.7. 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: Merlin Lickhalter, President ArtsNaples World Festival, Inc. 6825 Grenadier Blvd. #1005 Naples, FL 34108 ~, All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served ifmailed by registered or certified mail to the COUNTY to: Jack Wert. Tourism Director Collier County Tourism Depaliment ::800 N. Horseshoe Drive Naples, Florida 34104 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE, or its vendors or subcontractors, as an agent or employee of the COUNTY. 10. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all ~ matters pertaining to this Agreement and shall provide all information and documentation 5 Packet Page -2197- 9/27/2011 Item 16.F.7. 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 all or paJi of this agreement, the COUNTY may upon written notice, at any time during the te1l11 of this agreement. and at its sole discretion. reduce or eliminate funding under this agreement. ,--- 14. A VAILABTLlTY OF RECORDS: GRANTEE shall maintain records. books. documents, papers and financial information peltaining to work performed under this Agreement for a period of three (3) years. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any transactions related to this Agreement. 15. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. ...-..... 6 packetpage-2198- 9/27/2011 Item 16.F.7. ...-... 16. TERM: This Agreement shall become effective on October 1, 2011 and shall remain effective for one year until September 30,2012. If the project is not completed within the term of this agreement, all unreleased funds shall be retained by the COUNTY. Any extension of this agreement beyond the one (1) year tenn in order to complete the Project must be at the express consent of the Collier County Board of County Commissioners. 17. The GRANTEE must request any extension of this term in writing at least sixty (60) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional ninety (90) days. 18. EV ALUA nON OF TOURISM IMP ACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Tourism Director or his designee, along with a final budget analysis by October 15,2012. 19. REOUIRED NOTATION: All promotional literature and all print, broadcast and on-line media advertising must prominently list Collier County and the Tourist Development ,..-.. Council as a source of funds to read "A cooperative effort funded by the Collier County Tourist Development Tax" and/or display the CVB logo and website address www.paradisecoast.com to qualify for reimbursement. 20. Af\1ENDf\1ENTS: This Agreement may only be amended by mutual wrilten agreement of the parties, after review bv the Collier County Tourist Development Council if warranted. ~ 7 Packet Page -2199- 9/27/2011 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 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman Approved as to form and legal sufficiency Colleen M. Greene 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 -2200- 9/27/2011 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 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 Packet Page -2201- 9/27/2011 Item 16.F.7. EXHIBIT "B" -- Collier County Tourist Development Council Interim Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: ------------------------------------------------------------------- ------------------------------------------------------------------- On an attached sheet, answer the followinQ Questions to identify the status of the proiect. Submit this report at least Quarterlv. ~ INTERIM - These questions will identify the current status of the project. After the TDe 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 Packet Page -2202- 9/27/2011 Item 16.F.7. EXHIBIT "e" ~, Collier County Tourist Development Council Final Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: -----------------,-------------------------------------------------- ------------------------------------------------------------------- ~. On an attached sheet, answer the followinq 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? VVhat 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? ~ 11 Packet Page -2203- 9/27/2011 Item 16.F.7. EXHIBIT "0" .-... REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCil EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON REQUEST PERIOD FROM TELEPHONE ( TO REQUEST# ( ) INTERIM REPORT ( ) FINAL REPORT TOTAL CONTRACT AMOUNT $ EXPENSE BUDGET REIMBURSEMENT REQUESTED .-... TOTALS NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Copies of paid invoices, cancelled checks, tear sheets, printed samples or other backup information to substantiate payment must accompany request for funds. The following will not be accepted for payments: statements in place of invoices; checks or invoices not dated; tear sheets without date, company or organizations name. A tear sheet is required for each ad for each day or month of publication. A proof of an ad will not be accepted. For each request for payment, Grantee is required to submit verification in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. If project budget has specific categories with set dollar limits, the Grantee is required to include a spreadsheet to show which category each invoice is being paid from and total of category before payment can be made to Grantee. Organizations receiving funding should take into consideration that it will take a maximum of 45 days for the County to process a check. Furnishing false information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on our official accounting system and records, consistently applied and maintained and that the cost shown have been made for the purpose of and in accordance with, the terms of the contract. The funds requested are for reimbursement of actual cost made during this time period. SIGNATURE TITLE ~ 12 Packet Page -2204- 9/27/2011 Item 16.F.7. ~, EXHIBIT "E" Naples @ Marco Island ~ Everglades PA A A D ISE C OA ST" 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 CONDOMINIUMITIMESHARE: # 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 Kayaklng Conservancy of SW King Richard's Fun Park Other FL County Museums Lake Trafford Other Other ..-... SHOPPING AND DINING Fifth Avenue South Third Street South Waterside Shops Venetian Bay Bayfront Tin City Prime Outlets SIGHTSEEING Lunch/Dinner Cruise/ Sunset Cruise City Trolley Tour Everglades Tour Segway Tour Dolphin Cruise Other RELAXATION & ENTERTAINMENT Golf Spa Shelling Seminole Casino Lounges & Clubs Music Other Other 13 Packet Page -2205- 9/27/2011 Item 16.F.7. EXHIBIT "F" -. ArtsNaples World Festival, Inc. Project Budget Fundina - Not to Exceed Out of County Advertising, Marketing, Production and Related Distribution Expenses $25.000 Total: $25,000 ,-... ....-. 14 Packet Page -2206- 9/27/2011 Item 16.F.7. ~. 2012 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND FRIENDS OF ROOKERY BAY, INC. ~. THIS AGREEMENT is made and entered into this day of 2011, by and between the Friends of Rookery Bay, Inc. a Florida not-for-profit corporation, hereinaftefreferred 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, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds for GRANTEE'S out of county marketing expenses; and WHEREAS, The Tourist Development Council has recommended funding for GRANTEE'S out of market advertising, website enhancement and related marketing and promotion expenditures; and WHEREAS, the Collier County Board of County Commissioners has approved the funding request of the GRANTEE and the Chainnan was authorized to execute the Tourism A greem ent. NOW. THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREM1SES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS T\1UTUALL Y AGREED AS FOLLO\VS: 1. SCOPE OF WORK: (a) In accordance with the authorized expenditures as set f011h in the Budget, attached hereto as Exhibit "F", the GRANTEE shall expend the funds for the promotion of GRANTEE'S marketing (hereinafter "the Project"). 2. PAYMENT: ~ (a) The amount to be paid under this Agreement shall be a total of Forty Thousand Dollars ($40,000). GRANTEE shall be paid in accordance with the fiscal procedures of the County for the expenditures incurred as described in Paragraph One (1) herein upon submittal of a Request for Funds on the form attached hereto as Exhibit "D" and made a part hereof, and shall 1 Packet Page -2207- 9/27/2011 Item 16.F.7. 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 Director of Tourism or his designee, for review and upon verification by letter from the GRANTEE that the services or work performed as described in the invoices have been completed or that the goods have been received and that all vendors have been paid. Should these documents be unavailable, the GRANTEE may submit other legally viable evidence of payment subject to review and approval by the Clerk's Office. (b) The Tourism Director, or his designee, shall determine that the invoice payments are authorized and that the goods or services covered by such invoice [ s] have been provided or performed in accordance with such authorization. The budget attached as Exhibit "F" shall constitute authorization for the expenditure[s] described in the invoice[s]. (c) All expenditures shall be made in conformity with this Agreement. (d) The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits all payment invoices in accordance with law. (e) GRANTEE shall be paid for its actual costs, not to exceed the maximum amount budgeted pursuant to the attached "Exhibit F". (f) Expenditures \vith publications. broadcast and brochure distribution with circulation or reach outside Collier Coumy o,er fifty percent (5000) 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 September 30, 2012, to be eligible for payment. 2 Packet Page -2208- ".-...., .~ ~ ...-.... ,..-.., ~ 9/27/2011 Item 16.F.7. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in Paragraph One (I) will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2011 and September 30,2012. (c) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY's written request to repay said funds. (d) COUNTY may request repayment of funds for a period of up to three (3) years after termination of this Agreement or any extension or renewal thereof. 4. REPORTING REQUIREMENTS: (a) GRANTEE shall provide to County a 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 fonn attached hereto as Exhibit "C" no later than October 15, 2012. (d) Each report shall identify the economic impact generated by the GRANTEE through the use of reports which idcntif~! the 81l10Llnt spent. the dmies performed. the seryices provided. and the goods delivered since the prcyioLls 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 Tourism Director. (g) GRANTEE shall request that visitors to Rookery Bay complete the visitor questionnaire attached to this Agreement as Exhibit "E". All completed visitor questionnaires shall be maintained in accordance with Paragraph Thirteen (13) of this Agreement. 3 Packet Page -2209- 9/27/2011 Item 16.F.7. 5. 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 ofthe expenditures shall be based on industry standards. 6. 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 perf0TI11anCe of this Agreement. This indemnification obligation shall not be construed to negate. abridge or reduce any other rights or remedies which othenvise may be available to an indemnified party or person described in this paragraph. 7. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served ifmailed by registered or certified mail to the GRANTEE at the following address: Bruce Robertson, Board President Friends of Rookery Bay 300 Tower Road Naples, Florida 34113 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served ifmailed by registered or certified mail to the COUNTY to: -... 4 Packet Page -2210- 9/27/2011 Item 16.F.7. ~ Jack Wert, Tourism Director Collier County Tourism Department 2800 N. Horseshoe Drive Naples, Florida 34104 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 8. 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. 9. 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. ~ 10. TERMINATION: (a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving thiliy (30) days advance written notice of such termination specifying the effective date of termination. (b) If the COUNTY terminates this Agreement. the C01JNTY will pay the GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the tem1ination so long as such expenses are eligible. 11. 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 tenn ofthis Agreement. ~ 12. A V AILABILITY 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 5 Packet Page -2211- 9/27/2011 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. .-.. 13. A VAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement for a period ofthree (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. 14. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 15. TERM: This Agreement shall become effective on October 1, 2011 and shall remain effective for one year until September 30,2012. If the project is not completed within the term of this agreement, all unreleased funds shall be retained by the COUNTY. Any extension of this agreement beyond the one year term in order to complete the Project must be at the express consent of the Collier County Board of County Commissioners. .-.. 16. The GRANTEE must request any extension of this term in writing at least sixty (60) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional ninety (90) days. 17. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Tourism Director or his designee, along with a final budget analysis by October 15,2012. 18. 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 .-.. 6 packetpage-2212- .--.... ---. ---. 9/27/2011 Item 16.F.7. Development Tax" and/or display the CVB logo and website address www.oaradisecoast.com to qualify for reimbursement. 19. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. * * * IN WITNESS WHEREOF, the 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. 7 Packet Page -2213- 9/27/2011 Item 16.F.7. ,,-..... ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chainnan Approved as to form and legal sufficiency Colleen M. Greene Assistant County Attorney WITNESSES: GRANTEE: (1) FRIENDS OF ROOKERY BAY, INC. Printed/Typed Name ~ (2) BY: Printed/Typed Name Printed/Typed Name Printed/Typed Title EXHIBIT" A" Collier County Tourist Development Council ~ 8 Packet Page -2214- 9/27/2011 Item 16.F.7. ~ Preliminary Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: On an attached sheet, answer the followina auestions and attach it to your aoolication. 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 pmject? What is the estimated revenue genei'ated 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 Packet Page -2215- 9/27/2011 Item 16.F.7. -. EXHIBIT "B" Collier County Tourist Development Council Interim Status Report EVENT NAME: REPORT DATE: ORGAN IZA TION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: On an attached sheet, answer the followina auestions to identifv the status of the oroiect. ,,-..... Submit this report at least auarterlv. 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 Packet Page -2216- 9/27/2011 Item 16.F.7. ,..-... EXHIBIT "C" Collier County Tourist Development Council Final Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: ,,-.. ------------------------------------------------------------------- ----------------------------------------------------------------_._- On an attached sheet, answer the followinG Guestions for each element in your scope of work. Final- These questions should be answered for your final status report. Was this a first time project? If not, how many times has this event taken place? What hotels/motels were utilized to support the project and how many? What is the total direct economic impact and revenue generated from this event? Total expenses. (Have all vendors been paid?) List the vendors that have been paid, if not, what invoices are still outstanding and why? What is the number of participants that visited the project? What is the percentage of the total participants from out of Collier County? What problems occurred if any during the project event? List any out-of-county- advertising, marketing, and/or public relations that was used to support the project and attach samples. ".-.." How could the project been improved or expanded? 11 Packet Page -2217- 9/27/2011 Item 16.F.7. EXHIBIT "0" ,-.., REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE ( REQUEST PERIOD FROM TO REQUEST # ( ) INTERIM REPORT ( ) FINAL REPORT TOTAL CONTRACT AMOUNT $ EXPENSE BUDGET REIMBURSEMENT REQUESTED ~ TOTALS NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Copies of paid invoices, cancelled checks, tear sheets, printed samples or other backup information to substantiate payment must accompany request for funds. The following will not be accepted for payments: statements in place of invoices; checks or invoices not dated; tear sheets without date, company or organizations name. A tear sheet is required for each ad for each day or month of publication. A proof of an ad will not be accepted. For each request for payment, Grantee is required to submit verification in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. If project budget has specific categories with set dollar limits, the Grantee is required to include a spreadsheet to show which category each invoice is being paid from and total of category before payment can be made to Grantee. Organizations receiving funding should take into consideration that it will take a maximum of 45 days for the County to process a check. Furnishing false information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on our official accounting system and records, consistently applied and maintained and that the cost shown have been made for the purpose of and in accordance with, the terms of the contract. The funds requested are for reimbursement of actual cost made during this time period. .--.... SIGNATURE TITLE 12 Packet Page -2218- .---. .---. ~ Naples @ Marco Island ~ Everglades PARADISE COAST- 9/27/2011 Item 16.F.7. EXHIBIT "E" VISITOR QUESTIONNAIRE Welcome to the Paradise Coast SM. Thank you for choosing this area for your visit. Please take a few minutes to complete the following questions so that we can better serve the needs of future visitors to Florida's Last Paradise SM. PLEASE REFER TO OUR PARADISE COAST BROCHURES FOR THE LOCATION OF ALL AREA ATTRACTIONS. NAME: ADDRESS: DATE OF ARRIVAL: WHERE ARE YOU 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 ( ) 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 Kayaking Conservancy of SW FL Other _ Lake Trafford Other Other SHOPPING AND DINING Fifth Avenue South Third Street South Waterside Shops Venetian Bay Bayfront Tin City Prime Outlets Other HOTEL/RESORT CITY DATE OF DEPARTURE: FRIENDS/FAMILY CONDOMINIUM ST ZIP TRAVEL AGENT ( FAMILY ATTRACTIONS Naples Zoo Naples Botanical Garden Fun 'n Sun Water Park Swamp Buggy Race Mini Golf King Richard's Fun Park Other SIGHTSEEING Lunch/Dinner Cruise/ Sunset Cruise City Trolley Tour Everglades Tour Segway Tour Dolphin Cruise Other RELAXATION & ENTERTAINMENT Golf Spa Shelling Seminole Casino Lounges & Clubs Music Other 13 Packet Page -2219- 9/27/2011 Item 16.F.7. -.. EXHIBIT "F" Friends of Rookery Bay Project Budget FY 12 Grant Funded Projects: . Video & PSA production . Media advertising and production in out of Collier County print, broadcast and on-line media . Tourism Industry Association memberships . Website enhancements . Direct mail and e-marketing production & distribution Total Project Budget not to exceed $40,000 ~ --.. 14 Packet Page -2220- 9/27/2011 Item 16.F.7. ..-..... 2012 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE GOLISANO CHILDREN'S MUSEUM OF NAPLES, INC. THIS AGREEMENT, is made and entered into this day of , 2011, 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 market adveliising and related marketing and promotion 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 Chainl1an 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 promotion of GRANTEE'S events and exhibits (hereinafter ''the Project"). Packet Page -2221- 9/27/2011 Item 16.F.7. 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 invoices, copies of credit card receipts and statements and two- sided copies of cancelled checks, on-line bill pay transaction registers or other acceptable evidence of payment, original tear sheets of print ads showing publication name and date, affidavit of broadcast dates and times, screen shots of on-line ads showing date of capture, or samples of printed materials to the Tourism Director, or his designee, for review and upon verification by letter from the GRANTEE that the services or work performed as described in the invoice have been completed or that the goods have been received and that all vendors have been paid. Should these documents be unavailable, the GRANTEE may submit other legally viable evidence of payment subject to review and approval by the Clerk's office. (b) The Tourism Director, or his designee, shall determine that the invoice payments are authorized and that the goods or services covered by such invoice(s] have been provided or performed in accordance with such authorization. The budget attached as Exhibit "F" shall constitute authorization for the expenditurer s] described in the invoicer s]. (e) All expenditures shall be made in conformity with this Agreement. (d) The COUNT)' shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits all payment invoices in accordance with lavv. (e) GRANTEE shall be paid for its actual costs, not to exceed the maximum amount budgeted pursuant to the attached "Exhibit F". (f) Expenditures with publications, broadcast and brochure distribution with circulation or reach outside Collier County over fifty percent (50%) of the total will be acceptable for reimbursement at full value based on a statement from the publisher, broadcaster or distributor attesting to that circulation percentage. (g) Invoices for prepayment or for deposit on services will not be eligible for reimbursement. packetpage-2222- ,-. "-....,, "-....,, 9/27/2011 Item 16.F.7. ~ (h) Services or product must be delivered and paid for by GRANTEE between the effective dates of this agreement. (i) All requests for reimbursement must be received by September 30, 2012 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, 2011 and September 30,2012. (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. (bl The certificate of insurance must be val id 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 follo'wing amounts: BODIL Y INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY - Statutory (c) The Certificate of Insurance must be delivered to the Tourism Director or his designee with copies of the Agreement executed by GRANTEE. The GRANTEE shall not commence promotional or advertising activities which are to be funded pursuant to this ~, PacketPage-2223- 9/27/2011 Item 16.F.7. Agreement until the Certificate of Insurance has been received by the COUNTY and the Agreement is fully executed. -. 5. REPORTING REOUIREMENTS: (a) GRANTEE shall provide to County a preliminary status report on the form attached hereto as Exhibit "A" within thirty (30) days ofthe 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 October 15,2012. (d) Each report shall identify the economic impact generated by the GRANTEE through the use of 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 repOli until the County receives the interim status rep011 or final status report or other repol1 acceptable to the Tourism Director. (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 Paragraph Thirteen (J 3) of this Agreement. ",-....., 6. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph One (1). (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. ",-....., Packet Page -2224- 9/27/2011 Item 16.F.7. ~. ( 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: 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, Tourism Director Collier County Tourism Department 2800 N. Horseshoe Drive Naples, Florida 34104 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. .....-.... Packet Page -2225- 9/27/2011 Item 16.F.7. 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 ex pend iturcs 111USt be incurred \\Tith i n the tenl1 of this j~lgreenlerll. 13. A V AILABlUTY OF FUNDS: This agreement is subject to the availability of Tourist Development Tax revenues. Iffor 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 infonnation 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, ---... Packet Page -2226- ~ 9/27/2011 Item 16.F.7. 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, 2011 and shall remain effective for one year until September 30,2012. If the project is not completed within the term of this agreement, all unreleased funds shall be retained by the COUNTY. Any extension of this agreement beyond the one (1) year term in order to complete the Project must be at the express consent of the Collier County Board of County Commissioners. 17. The GRANTEE must request any extension of this term in writing at least sixty (60) days prior to the expiration ofthis Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional 90 days. 18. EV ALVA TION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, ~ providing a written report to the Tourism Director or his designee, along with a final budget analysis by October 15,2012. 19. REQUIRED NOTA TJON: All promotional literature and all print, broadcast and on-line media adveliising must prominently list Collier County and the Tourist Development Council as a source of funds to read "A cooperative cHol1 funded by the Collier County Tourist Development Tax" and/or display the CVB logo and website address v,\\\\.naraclisecoCtc;j.cOril 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 -2227- 9/27/2011 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 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman Approved as to form and legal sufficiency Assistant County Attorney WITNESSES: GRANTEE: (1) GOLISANO CHILDREN'S MUSEUM OF NAPLES, INC. .-.... Printed/Typed Name (2) BY: Printed/Typed Name Printed/Typed Name Printed/Typed Title ..-.... Packetpage-2228- 9/27/2011 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 auestions and attach it to your aDD/ication. 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 -2229- 9/27/2011 Item 16.F.7. EXHIBIT "B" ~ Collier County Tourist Development Council Interim Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: On an attached sheet, answer the followina auestions to identifv the status of the oroiect. ~ Submit this reoort at least auarterlv. 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? ~ Packet Page -2230- 9/27/2011 Item 16.F.7. ~ EXHIBIT "(" Collier County Tourist Development Council Final Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: ~ ------------------------------------------------------------------- ------------------------------------------------------------------- On an attached sheet, answer the followina auestions for each element in your scone of work. Final- These questions should be answered for your final status report. Was this a first time project? If not, how many times has this event taken place? What hotels/motels were utilized to support the project and how many? What is the total 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 -2231- 9/27/2011 Item 16.F.7. EXHIBIT liD" /'"'-. REQUEST FOR FUNDS (OLLlER (OUNTY TOURIST DEVELOPMENT (OUN(IL EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE ( REQUEST PERIOD FROM TO REQUEST # ( ) INTERIM REPORT ( ) FINAL REPORT TOTAL CONTRACT AMOUNT $ EXPENSE BUDGET REIMBURSEMENT REQUESTED /'"'-. TOTALS NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Copies of paid invoices, cancelled checks, tear sheets, printed samples or other backup information to substantiate payment must accompany request for funds. The following will not be accepted for payments: statements in place of invoices; checks or invoices not dated; tear sheets without date, company or organizations name. A tear sheet is required for each ad for each day or month of publication. A proof of an ad will not be accepted. For each request for payment, Grantee is required to submit verification in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. If project budget has specific categories with set dollar limits, the Grantee is required to include a spreadsheet to show which category each invoice is being paid from and total of category before payment can be made to Grantee. Organizations receiving funding should take into consideration that it will take a maximum of 45 days for the County to process a check. Furnishing false information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on our official accounting system and records, consistently applied and maintained and that the cost shown have been made for the purpose of and in accordance with, the terms of the contract. The funds requested are for reimbursement of actual cost made during this time period. /'"'-. SIGNATURE TITLE Packet Page -2232- 9/27/2011 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: DATE OF ARRIVAL: WHERE ARE YOU STAYING? NAME OF HOTEL AND CITY/AREA: NAME OF CONDOMINIUM/TIMESHARE: # OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAVING IN COLLIER COUNTY = HOW DID YOU SELECT THE HOTEL/CONDOMINIUM? INTERNET ( ) YOUR CHOICE ( ) OTHER: NUMBER OF MEALS VOU & 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 Beaches Naples Pier Shelling Fishing Boating Kayaking HOTEL/RESORT CITY DATE OF DEPARTURE: FRIENDS/FAMIL V ST ZIP CONDOMINIUM TRAVEL AGENT ( Other Everglades Tour County Parks National Park State Parks Corkscrew Swamp Conservancy of SW FL Lake Trafford Other FAMILY ATTRACTIONS Naples Zoo Naples Botanical Garden Fun 'n Sun Water Park Swamp Buggy Race Mini Golf King Richard's Fun Park County Museums Other von Liebig Art Center Naples Museum of Art Sugden Theatre Naples Philharmonic Art Galleries Other ~ SHOPPING AND DINING Fifth Avenue South Third Street South Waterside Shops Venetian Bay Bayfront Tin City Prime Outlets SIGHTSEEING Lunch/Dinner Cruise/ Sunset Cruise City Trolley Tour Everglades Tour Segway Tour Dolphin Cruise Other RELAXATION & ENTERTAINMENT Golf Spa Shelling Seminole Casino Lounges & Clubs Music Other Other Packetpage-2233- 9/27/2011 Item 16.F.7. EXHIBIT "F" /'"'-. Golisano Children's Museum of Naples, Inc. Project Budget Fundina - Not to Exceed Out of County Advertising and Marketing Expenses to include: Broadcast Campaign Print Advertising Radio Advertising Collateral Materials Total: $100,000 /'"'-. /'"'-. Packet Page -2234- 9/27/2011 Item 16.F.7. ~ 2012 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE SOUTHWEST FLORIDA HOLOCAUST MUSEUM, INC. d/b/a HOLOCAUST MUSEUM OF SOUTHWEST FLORIDA THIS AGREEMENT 1S made and entered into this day of , 2011, by and between the Southwest Florida Holocaust Museum, Inc. d/b/a Holocaust Museum of Southwest Florida, a Florida not-far-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-far-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 far 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 'NHEREAS, 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 Chainnan 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 promotion of GRANTEE'S marketing (hereinafter "the Project"). Packet Page -2235- 9/27/2011 Item 16.F.7. 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Thirty Thousand Dollars ($30,000). 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, screenshots of on-line ads showing date of capture, or samples of printed materials to the Tourism Director or his designee, for review and upon verification by letter from the GRANTEE that the services or work performed as described in the invoice have been completed or that the goods have been received and that all vendors have been paid. Should these documents be unavailable, the GRANTEE may submit other legally viable evidence of payment subject to review and approval by the Clerk's office. (b) The Tourism Director, or his designee, shall determine that the invoice payments are authorized and that the goods or services covered by such invoice[s] have been provided or performed in accordance with such authorization. The budget attached as Exhibit "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". (t) Expenditures with publications, broadcast and brochure distribution with circulation or reach outside Collier County over fifty percent (50%) of the total will be acceptable for reimbursement at full value based on a statement from the publisher, broadcaster or distributor attesting to that circulation percentage. (g) Invoices for prepayment or for deposit on servIces will not be eligible for reimbursement. (h) Services or product must be delivered and paid for by GRANTEE between the effective dates of this agreement. PacketPage-2236- ,~ /'"'-. ,-.., 9/27/2011 Item 16.F.7. ~. (i) All requests for reimbursement must be received by September 30, 2012 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, 2011 and September 30,2012. (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 ofthis Agreement or any extension or renewal thereof. /""'-., 4. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming the Collier County Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300.000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY - Statutory (c) The Certificate of Insurance must be delivered to the Tourism Director or his designee with copies of the Agreement executed by GRANTEE. The GRANTEE shall not commence promotional or advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY and the Agreement is fully executed. ~. Packet Page -2237- 9/27/2011 Item 16.F.7. 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 October 15, 2012. (d) Each report shall identify the economic impact generated by the GRANTEE through the use of reports (Exhibit "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 Tourism Director. (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 Paragraph Thilieen (13) of this Agreement. 6. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph One (1 ). (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. (c) GRANTEE agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. /'"'-. Packet Page -2238- ..-... 9/27/2011 Item 16.F.7. ~ 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 anindemnified 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 ifmailed by registered or certified mail to the GRANTEE at the following address: ~ Fred Hirschovits, President Holocaust Museum of Southwest Florida 4760 Tamiami Trail North, Suite 7 Naples, Florida 34103 All notices fi'om the GRANTEE to the COUNTY shall be in writing and deemed duly served ifmailed by registered or certified mail to the COUNTY to: Jack \Vert. Tourism Director Collier County Tourism Depm1ment 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. Packet Page -2239- 9/27/2011 Item 16.F.7. ~ 11. TERMINATION: (a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination specifying the effective date of termination. (b) If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the termination so long as such expenses are eligible. 12. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records. All revenue related to the Agreement must be recorded, and all expenditures must be incurred within the term of this Agreement. 13. AVAILABILITY OF FUNDS: This agreement is subject to the availability of Tourist Development Tax revenues. If for any reason tourist tax funds are not available to fund all or part of this agreement, the COUNTY may upon written notice, at any time during the term of this agreement, and at its sole discretion. reduce or eliminate funding under this agreement. /'"'-. ] 4. A VAILABlLlTY OF RECORDS: GRANTEE shall maintain records. books. documents. papers and financial information peltaining to \Vork performed under this Agreemem 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, 2011 and shall ~ remain effective for one year until September 30,2012. If the project is not completed within the Packet Page -2240- 9/27/2011 Item 16.F.7. ~ term of this agreement, all unreleased funds shall be retained by the COUNTY. Any extension of this agreement beyond the one (1) year term in order to complete the Project must be at the express consent of the Collier County Board of County Commissioners. 17. The GRANTEE lTIust request any extension of this term in writing at least sixty (60) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional ninety (90) days. 18. EV ALUA TION OF TOURISM IMP ACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Tourism Director or his designee, along with a final budget analysis by October 15,2012. 19. REQUIRED NOTATION: All promotional literature and all print, broadcast and on-line media advertising must prominently list Collier County and the Tourist Development Council as a source of funds to read "A cooperative effort funded by the Collier County Tourist ~ Development Tax" and/or display the CVB logo and website address www.paradisecoast.com to qualify for reimbursement. 20. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties. after review by the Collier County Tourist Development Council if warranted. * * * ~ Packet Page -2241- 9/27/2011 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 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman Approved as to form and legal sufficiency Colleen M. Greene Assistant County Attorney WITNESSES: GRANTEE: (1) SOUTHWEST FLORIDA HOLOCAUST MUSEUM, INC. d/b/a HOLOCAUST MUSEUM OF SOUTHWEST FLORIDA /'"'-. Printed/Typed Name (I, \.........' BY: Printed/Typed Name Printed/Typed Name Printed/Typed Title ----- Packet Page -2242- - I 9/27/2011 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 auestions and attach it to your aDDlication. 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 -2243- 9/27/2011 Item 16.F.7. EXHIBIT "B" /'"'-. Collier County Tourist Development Council Interim Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: On an attached sheet, answer the followina auestions to identify the status of the Droiect. /'"'-. Submit this reDort at least auarterly. 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 f-ecommendations 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? ~ Packet Page -2244- 9/27/2011 Item 16.F.7. ~ EXHIBIT "(" Collier County Tourist Development Council Final Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: -- ------------------------------------------------------------------- ------------------------------------------------------------------- On an attached sheet. answer the followina auestions for each element in your scope of work. Final- These questions should be answered for your final status report. Was this a first time project? If not, how many times has this event taken place? What hotels/motels Weie 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 -2245- 9/27/2011 Item 16.F.7. EXHIBIT liD" .-- REQUEST FOR FUNDS (OLLlER (OUNTY TOURIST DEVELOPMENT (OUN(IL EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE ( REQUEST PERIOD FROM TO REQUEST # ( ) INTERIM REPORT ( ) FINAL REPORT TOTAL CONTRACT AMOUNT $ EXPENSE BUDGET REIMBURSEMENT REQUESTED /'"'-. TOTALS NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Copies of paid invoices, cancelled checks, tear sheets, printed samples or other backup information to substantiate payment must accompany request for funds. The following will not be accepted for payments: statements in place of invoices; checks or invoices not dated; tear sheets without date, company or organizations name. A tear sheet is required for each ad for each day or month of publication. A proof of an ad will not be accepted. For each request for payment, Grantee is required to submit verification in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. If project budget has specific categories with set dollar limits, the Grantee is required to include a spreadsheet to show which category each invoice is being paid from and total of category before payment can be made to Grantee. Organizations receiving funding should take into consideration that it will take a maximum of 45 days for the County to process a check. Furnishing false information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on our official accounting system and records, consistently applied and maintained and that the cost shown have been made for the purpose of and in accordance with, the terms of the contract. The funds requested are for reimbursement of actual cost made during this time period. -- SIGNATURE TITLE Packet Page -2246- ~ ~, --- 9/27/2011 Item 16.F.7. EXHIBIT "E" Naples @ Marco Island ~ Everglades PARA 0 I S E COA ST" 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: DATE OF ARRIVAL: WHERE ARE YOU 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 ( ) 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 Kayaking Conservancy of SW FL Lake Trafford Other ST ZIP HOTEL/RESORT CITY DATE OF DEPARTURE: FRIENDS/FAMILY CONDOMINIUM TRAVEL AGENT ( Other FAMILY ATTRACTIONS Naples Zoo Naples Botanical Garden Fun 'n Sun Water Park Swamp Buggy Race Mini Golf King Richard's Fun Park County Museums Other Other SHOPPING AND DINING Fifth Avenue South Third Street South Waterside Shops Venetian Bay Bayfront Tin City Prime Outlets SIGHTSEEING Lunch/Dinner Cruise/ Sunset Cruise City Trolley Tour Everglades Tour Segway Tour Dolphin Cruise Other RELAXATION & ENTERTAINMENT Golf Spa Shelling Seminole Casino Lounges & Clubs Music Other Other Packet Page -2247- EXHIBIT 'IF" Holocaust Museum of Southwest Florida Project Budget 9/27/2011 Item 16.F.7. /'"'-. Fundina - Not to Exceed Out of County Advertising, Production and Marketing Expenses to include: Television, Radio, Print, On-Line, Tourism Industry Association Memberships, Website Updates Total: Packet Page -2248- $30,000 ~ ~ ~ ---- ~ 9/27/2011 Item 16.F.7. 2012 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES ART ASSOCIATION, INe. d/b/a THE YON LIEBIG ART CENTER THIS AGREEMENT is made and entered into this day of , 2011, 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-far-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 oflife for area residents; and 'WHEREAS, The Tourist Development Council has recommended funding for GRANTEE"S out of market adveriising expenditures for the promotion of major shoulder and summer season upcoming exhibitions, festivals and special events to attract visitors: and WHEREAS, the Board of County Commissioners has made a finding that GRANTEE qualifies as a museum; and WHEREAS, The Collier County Board of County Commissioners has approved the funding request of the GRANTEE and the Chainnan was authorized to execute the Tourism Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERA nON, IT IS MUTUALL Y AGREED AS FOLLOWS: 1 Packet Page -2249- 9/27/2011 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"). 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Thirty-Five Thousand and No Hundred Dollars ($35,000). 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 fonn 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 and performance, original tear sheets of print ads showing publication name and date, affidavit of broadcast dates and times, screen shots of on-line ads showing date of capture, or samples of printed materials to the Tourism Director, or his designee, for review and upon verification by letter from the GRANTEE that the services or \vork 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 dOCLrIl1ents be unavailable. the GRi~l.f<TEE may submit other legally viable evidence of payment subject to review and approval by the Clerk's office. (b) The Tourism Director, or his designee, shall determine that the invoice payments are authorized and that the goods or services covered by such invoice[ s] have been provided or performed in accordance with such authorization. The budget attached as Exhibit "F" shall constitute authorization for the expenditure [ s] described in the invoice[ s]. (c) All expenditures shall be made in confonnity with this Agreement. (d) The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits all payment invoices in accordance with law. ( e) GRANTEE shall be paid for its actual costs, not to exceed the maximum amount budgeted pursuant to the attached "Exhibit F". ~ 2 Packet Page -2250- 9/27/2011 Item 16.F.7. ~ (f) Expenditures with publications, broadcast and brochure distribution with circulation or reach outside Collier County over fifty percent (50%) of the total will be acceptable for reimbursement at full value based on a statement from the publisher, broadcaster or distributor attesting to that circulation percentage. (g) Invoices for prepayment or for deposit on services will not be eligible for reimbursement. (h) Services or product must be delivered and paid for by GRANTEE between the effective dates of this agreement. (i) All requests for reimbursement must be received by September 30, 2012 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, 2011 /""'-. and September 30,2012. (c) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within thitiy (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 renev\al 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: /""'-., BODIL Y INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person 3 Packet Page -2251- 9/27/2011 Item 16.F.7. PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY - Statutory .-'" (c) The Certificate of Insurance must be delivered to the Tourism Director or his designee with copies of the Agreement executed by GRANTEE. The GRANTEE shall not commence promotional or advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY and the Agreement is fully executed. 5. REPORTING REQUIREMENTS: (a) GRANTEE shall provide to County a 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 October 15, 2012. (d) Each report shall identify the economic impact generated by the GRANTEE through the use of reports (Exhibit "A", "B" and "C') which identify the amount spent, the duties performed, the services provided. and the goods delivered since the previous reporting period. /'"'-. (c) GRANTEE shall take reasonable mcasures to assure the continucd satisfactor) performancc 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 Tourism Director. (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. -.. 4 packetpage-2252- 9/27/2011 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 perf011l1anCe 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 pal1y or person described in this paragraph. 8. NOTlCES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served ifmailed by registered or certified mail to the GRANTEE at the following address: Joel Kessler, Executive Director/CEO The van 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: ~ 5 Packet Page -2253- 9/27/2011 Item 16.F.7. Jack Wert, Tourism Director Collier County Tourism Department 2800 N. Horseshoe Drive Naples, Florida 34104 ~ The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. 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 sLlch termination specifying the effective date of termination. (b) If the COUNTY terminates this Agreement. the COUi"\T'r' will pay the GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the temlination 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 tenn 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 ~ 6 Packet Page -2254- 9/27/2011 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, 2011 and shall remain effective for one year until September 30,2012. If the project is not completed within the term of this agreement, all unreleased funds shall be retained by the COUNTY. Any extension of this agreement beyond the one (1) year term in order to complete the Project must be at the express consent of the Collier County Board of County Commissioners. 17. The GRANTEE must request any extension of this term in writing at least sixty (60) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional ninety (90) days. 18. EV ALUA nON OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Tourism Director or his designee, along with a final budget analysis by October 15,2012. 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 ~ 7 Packet Page -2255- 9/27/2011 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. * * * 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 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED COYLE, Chainnan ./'"'-. Approved as to form and legal sufficiency Colleen M. Greene Assistant County Attorney WITNESSES: GRANTEE: (1) NAPLES ART ASSOCIATION, INC. d/b/a THE VON LIEBIG ART CENTER Printed/Typed Name (2) BY: Printed/Typed Name Printed/Typed Name Printed/Typed Title ~ 8 Packet Page -2256- 9/27/2011 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 auestions and attach it to your aoolication. -- PRELIMINARY INFORMATION: Is this a first time project? If not, please give details of past projects. Do you anticipate using area hotels in SUPPOI-t 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 Packetpage-2257- 9/27/2011 Item 16.F.7. EXHIBIT "B" /'"'-. Collier County Tourist Development Council Interim Status Report EVENT NAME: REPORT DATE: ORGAN IZA TION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: On an attached sheet. answer the followina auestions to identify the status of the IJro;ect. .-.. Submit this relJort at least auarterly. 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 Packet Page -2258- 9/27/2011 Item 16.F.7. ~, EXHIBIT "(" Collier County Tourist Development Council Final Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: ,-. ------------------------------------------------------------------- ------------------------------------------------------------------- On an attached sheet, answer the followina auestions for each element in your scope of work. Final- These questions should be answered for your final status report. Was this a first time project? If not, how many times has this event taken place? What hotels/motels were utilized to support the project and how many? /'"'-. What is the total direct economic impact and revenue generated from this event? Total expenses. (Have all vendors been paid?) List the vendors that have been paid, if not, what invoices are still outstanding and why? What is the number of participants that visited the project? What is the percentage of the total participants from out of Collier County? What problems occurred if any during the project event? List any out-of-county- advertising, marketing, and/or public relations that was used to support the project and attach samples. How could the project been improved or expanded? 11 Packet Page -2259- 9/27/2011 Item 16.F.7. EXHIBIT liD" .-.... REQUEST FOR FUNDS (OLLlER (OUNTY TOURIST DEVELOPMENT (OUN(IL EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE ( REQUEST PERIOD FROM TO REQUEST # ( ) INTERIM REPORT ( ) FINAL REPORT TOTAL CONTRACT AMOUNT $ EXPENSE BUDGET REIMBURSEMENT REQUESTED /'"'-. TOTALS NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Copies of paid invoices, cancelled checks, tear sheets, printed samples or other backup information to substantiate payment must accompany request for funds. The following will not be accepted for payments: statements in place of invoices; checks or invoices not dated; tear sheets without date, company or organizations name. A tear sheet is required for each ad for each day or month of publication. A proof of an ad will not be accepted. For each request for payment, Grantee is required to submit verification in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. If project budget has specific categories with set dollar limits, the Grantee is required to include a spreadsheet to show which category each invoice is being paid from and total of category before payment can be made to Grantee. Organizations receiving funding should take into consideration that it will take a maximum of 45 days for the County to process a check. Furnishing false information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on our official accounting system and records, consistently applied and maintained and that the cost shown have been made for the purpose of and in accordance with, the terms of the contract. The funds requested are for reimbursement of actual cost made during this time period. /'"'-. SIGNATURE TITLE 12 Packet Page -2260- 9/27/2011 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: DATE OF ARRIVAL: WHERE ARE YOU 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 ( ) 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 Beaches Naples Pier Shelling Fishing Boating Kayaking HOTEL/RESORT CITY DATE OF DEPARTURE: FRIENDS/FAMILY ST ZIP CONDOMINIUM TRAVEL AGENT ( Other Everglades Tour County Parks National Park State Parks Corkscrew Swamp Conservancy of SW FL Lake Trafford Other FAMILY ATTRACTIONS Naples Zoo Naples Botanical Garden Fun 'n Sun Water Park Swamp Buggy Race Mini Golf King Richard's Fun Park County Museums Other von Liebig Art Center Naples Museum of Art Sugden Theatre Naples Philharmonic Art Galleries Other --, SHOPPING AND DINING Fifth Avenue South Third Street South Waterside Shops Venetian Bay Bayfront Tin City Prime Outlets SIGHTSEEING Lunch/Dinner Cruise/ Sunset Cruise City Trolley Tour Everglades Tour Segway Tour Dolphin Cruise Other RELAXATION & ENTERTAINMENT Golf Spa Shelling Seminole Casino Lounges & Clubs Music Other Other 13 Packet Page -2261- EXHIBIT "F" Naples Art Association, Inc. d/b/a The von Liebig Art Center Project Budget Out of County Advertising and Marketing Expenses to include: Major Festival and Event Advertising, Print and Mailings Total Fundina - Not to Exceed: 14 Packet Page -2262- 9/27/2011 Item 16.F.7. ~ $35,000 ..-.... /'"'-. 9/27/2011 Item 16.F.7. ~ 2012 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES BOTANICAL GARDEN, INC. /'"'-. THIS AGREEMENT, is made and entered into this day of , 2011, 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 market advertising and on-line marketing and social media expenditures in drive markets; and WHEREAS. the Board of County Commissioners has made a finding that GRANTEE qualifies as a museum; and \VHEREAS. 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 MUTUALL Y AGREED AS FOLLOWS: ~ 1 PacketPage-2263- 9/27/2011 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"). 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 samples of printed materials to the Tourism Director, or his designee, for review and upon verification by letter from the GRANTEE that the services or work performed as described in the invoice have been completed or that the goods have been received and that all vendors have been paid. Should these documents be unavailable, the GRANTEE may submit other legally viable evidence of payment subject to review and approval by the Clerk's office. (b) The Tourism Director, or his designee, shall determine that the invoice payments are authorized and that the goods or services covered by such invoice[s] have been provided or perf0l111ed 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 confonnity with this Agreement. (d) The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits all payment invoices in accordance with law. (e) GRANTEE shall be paid for its actual costs, not to exceed the total amount for any line item nor the maximum amount budgeted pursuant to the attached "Exhibit F". (f) Expenditures with publications, broadcast and brochure distribution with circulation or reach outside Collier County over fifty percent (50%) of the total will be 2 Packet Page -2264- .~ /'"'-. ~ 9/27/2011 Item 16.F.7. ~ 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 September 30, 2012 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, 2011 and September 30, 2012. (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 rene\val 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: ~ BODIL Y 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 3 Packet Page -2265- 9/27/2011 Item 16.F.7. /'"'-. (c) The Certificate of Insurance must be delivered to the Tourism Director or his designee with copies of the Agreement executed by GRANTEE. The GRANTEE shall not commence promotional or advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY and the Agreement is fully executed. 5. REPORTING REQUIREMENTS: (a) GRANTEE shall provide to County a 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 October 15, 2012. (d) Each report shall identify the economic impact generated by the GRANTEE through the use of reports (Exhibit "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) COlJl'JT'{ ll1ay \vithhold any intcrinl or final p3)'nlcnts for failure of ej-R./\NTEE- to provide the interim status repOJi or final status repOli until the County receives the interim status report or final status report or other report acceptable to the Tourism Director. (g) GRANTEE shall request that visitors to the Naples Botanical Garden complete the visitor questionnaire attached to this Agreement as Exhibit "E". All completed visitor questionnaires shall be maintained in accordance with Paragraph Thirteen (13) of this Agreement. 6. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph One (1). ~ 4 Packet Page -2266- 9/27/2011 Item 16.F.7. ~ (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: A.l1 notices from the COUNTY to the GRANTEE shan be in writing and deemed duly served if mailed by registered or cenified mail to the GRANTEE at the foJlovling 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, Tourism Director Collier County Tourism Department 2800 N. Horseshoe Drive Naples, Florida 34104 5 packetPage-2267- 9/27/2011 Item 16.F.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 tenninates this Agreement, the COUNTY will pay the GRANTEE for all expenditures or contractual obligations incurred by GRA.NTEE, 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. ~ 6 Packet Page -2268- 9/27/2011 Item 16.F.7. ~ 14. A V AILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement for a period ofthree (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, 2011 and shall remain effective for one year until September 30,2012. lfthe project is not completed within the term of this agreement, all unreleased funds shall be retained by the COUNTY. Any extension of this agreement beyond the one (1) year term in order to complete the Project must be at the express ~ consent of the Collier County Board of County Commissioners. 17. The GRANTEE must request any extension of this tenn in writing at least sixty (60) days prior to the expiration of this Agreement. and the COUNTY may agree by amendment to this Agreement to extend the term for an additional ninety (90) days. 18. BV ALUA TION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Tourism Director, or his designee, along with a final budget analysis by October 15,2012. 19. REQUIRED NOTATION: All promotional literature and all print, broadcast and on-line media advertising must prominently list Collier County and the Tourist Development Council as a source of funds to read "A cooperative effort funded by the Collier County Tourist Development Tax" and/or display the CVB logo and website address www.paradisecoast.com to qualify for reimbursement. ~ 7 Packet Page -2269- 9/27/2011 Item 16.F.7. 20. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. /'"'-. * * * IN WITNESS WHEREOF, the 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 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman Approved as to form and legal sufficiency .-., Colleen M. Greene Assistant County Attorney WITNESSES: GRANTEE: (1) NAPLES BOTANICAL GARDEN, INC. Printed/Typed Name (2) BY: Printed/Typed Name Printed/Typed Name Printed/Typed Title ~ 8 PacketPage-2270- 9/27/2011 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 auestions and attach it to your aDDlication. 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 Packet Page -2271- 9/27/2011 Item 16.F.7. EXHIBIT "B" ~ Collier County Tourist Development Council Interim Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: On an attached sheet, answer the followina auestions to identify the status of the Droiect. ~ Submit this reDort at least auarterly. 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 Packet Page -2272- 9/27/2011 Item 16.F.7. ~ EXHIBIT "(" Collier County Tourist Development Council Fi na I Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: ~ ------------------------------------------------------------------- ------------------------------------------------------------------- On an attached sheet, answer the followina auestions for each element in your scope of work. Final- These questions should be answered for your final status report. Was this a first time project? If not, how many times has this event taken place? 'v^Jhat hotels/motels were utilized to support the project and how many? ~ What is the total direct economic impact and revenue generated from this event? Total expenses. (Have all vendors been paid?) List the vendors that have been paid, if not, what invoices are still outstanding and why? What is the number of participants that visited the project? What is the percentage of the total participants from out of Collier County? What problems occurred if any during the project event? List any out-of-county- advertising, marketing, and/or public relations that was used to support the project and attach samples. How could the project been improved or expanded? 11 Packetpage-2273- 9/27/2011 Item 16.F.7. EXHIBIT liD" /'"'-. REQUEST FOR FUNDS (OLLlER (OUNTY TOURIST DEVELOPMENT (OUN(IL 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 piace 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 12 Packet Page -2274- J ~ EXHIBIT "E" Naples @ Marco Island ~ Everglades PARADISE COAST" VISITOR QUESTIONNAIRE 9/27/2011 Item 16.F.7. 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: DATE OF ARRIVAL: WHERE ARE YOU 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 ( ) 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 Kayaking Conservancy of SW FL Lake Trafford Other HOTEL/RESORT CITY DATE OF DEPARTURE: FRIENDS/FAMILY ST ZIP CONDOMINIUM TRAVEL AGENT ( Other Other ~ SHOPPING AND DINING Fifth Avenue South Third Street South Waterside Shops Venetian Bay Bayfront Tin City Prime Outlets SIGHTSEEING Lunch/Dinner Cruise/ Sunset Cruise City Trolley Tour Everglades Tour Segway Tour Dolphin Cruise Other Other 13 Packet Page -2275- FAMILY ATTRACTIONS Naples Zoo Naples Botanical Garden Fun 'n Sun Water Park Swamp Buggy Race Mini Golf King Richard's Fun Park County Museums Other RELAXATION & ENTERTAINMENT Golf Spa Shelling Seminole Casino Lounges & Clubs Music Other EXHIBIT "F" Naples Botanical Garden, Inc. Project Budget Out of County Advertising and Marketing Expenses to include: Online Marketing and Regional Advertising Total FundinQ - Not to Exceed: 14 Packet Page -2276- 9/27/2011 Item 16.F.7. /'"'-. $75,000 ~ /'"'-. 9/27/2011 Item 16.F.7. ~,. 2012 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND UNITED ARTS COUNCIL OF COLLIER COUNTY, INC. ,,-..... THIS AGREEMENT is made and entered into this day of 2011, by and between United Arts Council of Collier County, Inc., a Florida not-far-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 f\1UTUAL 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 Packet Page -2277- 9/27/2011 Item 16.F.7. 2. PAYMENT: .~ (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 proof of payment to the Tourism Director, 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 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 "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". (t) All requests for reimbursement must be received prior to September 30. 20]:2 to .,........., be eligible for payment. (f) Invoices for prepayment or for deposit on servIces will not be eiigible for reimbursement. (g) Services or product must be delivered and paid for by VENDOR between the effective dates of this agreement. 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, 2011 and September 30,2012. /'"'-. 2 Packet Page -2278- 9/27/2011 Item 16.F.7. ~ (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. CHOICE OF VENDORS AND FAIR DEALING: (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 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. 5. 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' iees and paralegals' fees. to the extent caused by the negligence. 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. 6. NOTICES: All notices from the COUNTY to the VENDOR shall be in writing and deemed duly served if mailed by certified mail to the VENDOR at the following address: ~ Elaine Hamilton, Executive Director United Arts Council of Collier County, Inc. 2335 Tamiami Trail North, #504 Naples, FL 34103-4459 3 Packet Page -2279- 9/27/2011 Item 16.F.7. ~ All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served ifmailed by registered or certified mail to the COUNTY to: Jack Wert, Tourism Director Collier County Tourism Department 2800 N. Horseshoe Drive Naples, Florida 34104 The VENDOR and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 7. 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. 8. COOPERA nON: 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. 9. TERMINATION: (a) The COUNT'{ or the VENDOR may cancel this Agreement with or without cause by giving thiliy (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. 10. 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. 11. AVAILABILITY OF FUNDS: This agreement is subject to the availability of ~ 4 Packet Page -2280- 9/27/2011 Item 16.F.7. .--. 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. 12. AVAILABILITY OF RECORDS: VENDOR shall maintain records, books, 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. /'"'-. 13. 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. 14. TERM: This Agreement shall become effective on October 1, 2011 and shall remain effective for one year until September 30,2012. If the project is not completed within the term of this agreement, all unreleased funds shall be retained by the COUNTY. Any extension of this agreement beyond the one (1) year tenn in order to complete the Project must be at the express consent of the Collier County Board of County Commissioners. 15. 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 ninety (90) days. 16. REQUIRED NOTATION: All promotional literature must prominently list Collier County and the Tourist Development Council as a source of funds to read "A cooperative effort funded by the Collier County Tourist Development Tax" and/or display the CVB logo and web site address www.paradisecoast.com to qualify for reimbursement. 17. 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. ".-" 5 Packet Page -2281- 9/27/2011 Item 16.F.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 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman Approved as to form and legal sufficiency Colleen M. Greene Assistant County Attorney WITNESSES: VENDOR: (1) UNITED ARTS COUNCIL OF COLLIER COUNTY, INC. ...-... Printed/Typed Name (2 ) BY: Printed/Typed Name Printed/Typed Name Printed/Typed Title ~ 6 Packet Page -2282- --.. -'. ~. 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 Fundina - Not to Exceed 7 Packet Page -2283- 9/27/2011 Item 16.F.7. $24,000