Agenda 07/27/2010 Item #16F 5Agenda Item No. 16175
July 27, 2010
Page 1 of 14
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves a
Tourist Development Tax Category "B" Grant Agreement #10 -5551 with the
Naples International Film Festival, Inc. in the amount of $20,000 and
authorizes the Chairman to sign the agreement.
OBJECTIVE: Approve agreement between Collier County and the Naples
International Film Festival, Inc. for marketing support of the second annual
Naples Film Festival.
CONSIDERATIONS: The Naples International Film Festival, Inc. has applied for
a TDC Category B Grant to promote the second annual Naples Film Festival, to
take place November 4 – 7, 2010.
This event has already gained national attention and several of the films
screened during last year's festival went on to achieve international awards. The
TDC grant funds will be used to promote the event in social media such as
Facebook, Google and web banner ads on selected art focused websites. In
order to attract out of market visitors to the festival, early promotion of the event
in the aforementioned social media outlets will be necessary. As a result, this
event would be funded and paid from the tourism department marketing budget
in the amount of $14,000 in FY 10 and $6,000 in FY 11 for a total of $20,000.
ADVISORY BOARD RECOMMENDATION: The Tourist Development Council
(TDC) reviewed this grant application at its May 24, 2010 and unanimously
recommended approval (8 -0).
FISCAL IMPACT: This item will be funded from the FY 10 and FY 11 Tourism
Promotion Fund 184 budget with $14,000 to be expended in the current fiscal
year and the remaining $6,000 in FY 11.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the
County Attorney's Office and is legally sufficient —JBW.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth
Management Plan from this action.
RECOMMENDATION: That the Board of County Commissioners approves a
Tourist Development Tax Category "B" Grant Agreement #10 -5551 with the
Naples International Film Festival, Inc. in the amount of $20,000 and authorizes
the Chairman to sign the agreement.
SUBMITTED BY: Jack Wert, Tourism Director
Agenda Item No. 16F5
July 27, 2010
Page 2 of 14
Approved By
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16F5
Item Summary:
Recommendation that the Board of County Commissioners approves a Tourist Development
Tax Category B Grant Agreement #10 -5551 with the Naples International Film Festival, Inc.
Purchasing & General Services
in the amount of S20,000 and authorizes the Chairman to sign the agreement.
Meeting Date:
7/27/2010 9:00:00 AM
Prepared By
Steve Camell
Jack Wert
Director - Tourism Date
Tourism
Tourism 7112/2010 9:52:15 AM
Approved By
DhrtsLn
Jack Wert
Director - Tourism Date
Tourism
Tourism 7!121201010:22 AM
Approved By
^1:5F Coordinator
Jennifer White
Assistant County Attorney Date
County Attorney
County Attorney 71;2120101L22 AM
Approved By
Approved By
Jeff Klatzkow
County Attorney Date
Mark lsackson
7!1212010 11:21 AM
Approved By
Lyn Woad
Contracts Specialist
Date
Administrative Services
Division
Purchasing & General Services
7/13 /201010:45 AM
Approved By
Steve Camell
Director - 'rurchasing!3enera; Sernlces
Date
Administrative Services
DhrtsLn
Purchasing & General Services
7114:2010 4:45 PM
Approved By
^1:5F Coordinator
Date
County Manager's Office
04flce of Management & Budgtit
7!' 5;2010 4:19 PM
Approved By
Mark lsackson
ManagernenUBudaet Analyst, Senior
Date
Office of Management &
Sudoet
Office of Management & Budget
115'2010 5:90 PM
Agenda Item No. 16F5
July 27, 2010
Page 3 of 14
2011 TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND NAPLES INTERNATIONAL FILM FESTIVAL (MIFF, INC.)
THIS AGREEMENT is made and entered into this day of 2010,
by and between NIFF, Inc., a Florida not - for -profit corporation, hereinafter referred to as
"GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter
referred to as "COUNTY ".
WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred
to as "Plan") funded by proceeds from the Tourist Development Tax; and
WHEREAS, the Plan provides that certain of the revenues generated by the Tourist
Development Tax are to be allocated to promote and advertise tourism within the State of
Florida, nationally and internationally which encourages tourism; and
WHEREAS, GRANTEE has applied to the Tourist Development Council and the County
to use Tourist Development Tax funds for community information services; and
WHEREAS, The Collier County Board of County Commissioners has approved the
funding request of the GRANTEE and the Chairman was authorized to execute the Tourism
Agreement.
NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES
PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY
AGREED AS FOLLOWS:
1. SCOPE OF WORK:
(a) In accordance with the authorized expenditures as set forth in the Budget, attached
hereto as Exhibit "F ", the GRANTEE shall expend the funds for the production of the 2010
Naples International Film Festival (hereinafter "the Project')
2. PAYMENT:
(a) The amount to be paid under this Agreement shall be a total of Twenty Thousand
Dollars ($20,000), with Fourteen Thousand Dollars ($14,000) expended in Fiscal Year 2010 and
the balance in Fiscal Year 2011. GRANTEE shall be paid in accordance with fiscal procedures
of the County for the expenditures incurred as described in Paragraph One (1) herein upon
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Agenda Item No. 16F5
July 27, 2010
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submittal of a Request for Funds on the form attached hereto as Exhibit "D" and made a part
hereof, and shall submit vendor invoices and copies of cancelled checks or other evidence of
payment to the Executive Director of the Naples, Marco, Everglades Convention and Visitors
Bureau ( "CVB "), or his designee, for review and upon verification by letter from the GRANTEE
that the services or work performed as described in the invoice have been completed or that the
goods have been received and that all vendors have been paid.
(b) The Tourism Director or his designee shall determine that the invoice payments
are authorized and that the goods or services covered by such invoice[s] have been provided or
performed in accordance with such authorization. The line item budget attached as Exhibit °F"
shall constitute authorization for the expenditure[s] described in the invoice[s].
(c) All expenditures shall be made in conformity with this Agreement.
(d) The COUNTY shall not pay GRANTEE until the Clerk of the Board of County
Commissioners pre- audits all payment invoices in accordance with law.
(c) GRANTEE shall be paid for its actual costs, not to exceed the total amount for
any line item nor, the maximum amount budgeted pursuant to the attached "Exhibit F ". The
amounts applicable to the various line items of Exhibit "F ", subject to the maximum total
amount, may be increased or decreased by up to ten percent (10 %) at the discretion of
GRANTEE. Adjustment in excess of ten percent (10 %) of any line item may be authorized by
the County Manager or his designee.
(f) All requests for reimbursement must be received prior to September 30, 2011 to be
eligible for payment.
3. ELIGIBLE EXPENDITURES:
(a) Only eligible expenditures described in Paragraph One (1) will be paid by
COUNTY.
(b) COUNTY agrees to pay eligible expenditures incurred between the effective date
of this agreement and September 30, 2011.
(c) Any expenditures paid by COUNTY which are later deemed to be ineligible
expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY's written request
to repay said funds.
(d) COUNTY may request repayment of funds for a period of up to three (3) years
after termination of this Agreement or any extension or renewal thereof.
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4. INSURANCE:
(a) GRANTEE shall submit a Certificate of Insurance naming Collier County Board
of County Commissioners and the Tourist Development Council as additional insureds.
(b) The certificate of insurance must be valid for the duration of this Agreement, and
be issued by a company licensed in the State of Florida, and provide General Liability Insurance
for no less than the following amounts:
BODILY INJURY LIAABILITY $300,000 each claim per person
PROPERTY DAMAGE LI.ABILITY $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 the executed Agreement. The GRANTEE shall not commence promotional or
advertising activities which are to be funded pursuant to this Agreement until the Certificate of
Insurance has been received by the COUNTY and the Agreement is fully executed.
5. REPORTING REQUIREMENTS:
(a) GRANTEE shall provide to County a preliminary status report on the form
attached hereto as Exhibit "A" within thirty (30) days of the effective date of the agreement.
(b) GRANTEE shall provide to County a quarterly interim status report on the form
attached hereto as Exhibit "B ".
(c) GRANTEE shall provide to County a final status report on the form attached
hereto as Exhibit "C" no later than October 31. 2011.
(d) Each report shall identify the amount spent, the duties performed, the services
provided and the goods delivered since the previous reporting period.
(e) GRANTEE shall take reasonable measures to assure the continued satisfactory
performance of all vendors and subcontractors.
(f) COUNTY may withhold any interim or final payments for failure of GRANTEE
to provide the interim status report or final status report until the County receives the interim
status report or final status report or other report acceptable to the Executive Director of the
CVB.
6. CHOICE OF VENDORS AND FAIR DEALING:
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July 27, 2010
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(a) GRANTEE may select vendors or subcontractors to provide services as described
in Paragraph One (1).
(b) COUNTY shall not be responsible for paying vendors and shall not be involved in
the selection of subcontractors or vendors.
(c) GRANTEE agrees to disclose any financial or other relationship between
GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related
employees, agents, officers, directors and /or shareholders.
(d) COUNTY may, in its discretion, object to the reasonableness of expenditures and
require payment if invoices have been paid under this Agreement for unreasonable expenditures.
The reasonableness of the expenditures shall be based on industry standards.
7. INDEMNIFICATION:
GRANTEE shall indemnify and hold harmless Collier County, its agents, officers and
employees from any and all liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the GRANTEE or anyone employed or utilized
by the GRANTEE in the performance of this Agreement. This indemnification obligation shall
not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be
available to an indemnified party or person described in this paragraph.
8. NOTICES:
All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly
served if mailed by certified mail to the GRANTEE at the following address:
Tim Rowe, President
NIFF, Inc.
720 Belair Court
Naples, FL 34103
All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly
served if mailed by certified mail to the COUNTY to:
Jack Wert, Executive Director
Naples, Marco Island, Everglades CVB
2800 N. Horseshoe Drive
Naples, Florida 34104
ld
A; enJa Itam No. 1GF5
my 27, 2010
Page 7 of 14
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
�11J,01�
10. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all
matters pertaining to this Agreement and shall provide all information and documentation
requested by the COUNTY from time to time pertaining to the use of any funds provided
hereunder.
11. TERMINATION:
(a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause
by giving thirty (30) days advance written notice of such termination specifying the effective date
of termination.
(b) If the COUNTY terminates this Agreement, the COUNTY will pay the
GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with
subcontractors and vendors, up to the effective date of the termination so long as such expenses are
eligible.
12. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and
accurate accounting records. All revenue related to the Agreement must be recorded, and all
expenditures must be incurred within the term of this Agreement.
13. AVAILABILITY OF 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.
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July 27, 2010
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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 the date of approval by the
Board of County Commissioners and shall remain effective until September 30, 2011. If the
project is not completed within the term of this agreement, all unreleased funds shall be retained by
the COUNTY. Any extension of this Agreement beyond the original 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 one (1) year.
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 31, 2011.
18. REQUIRED NOTATION: All promotional literature and media advertising must
prominently list Collier County and the Tourist Development Council as a source of funds and
display the CVB logo with website address 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.
SIGNATURE PAGE TO FOLLOW
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ATTEST:
DWIGHT E. BROCK, Clerk
Approved as to form and
legal sufficiency
Jennifer B. White
Assistant County At omey
WITNESSES:
(1)
Printed/Typed Name
(2)
Printed/Typed Name
Agem.::a Item No. 16F5
July 27, 2010
Page 9 of 14
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, Chairman
GRANTEE:
NIFF.INC.
ON
Printed/Typed Name
Printed /Typed Title
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Agenda Item No. 16F5
July 27. 2010
Page 10 of 14
EXHIBIT "A"
Collier County Tourist Development Council
Preliminary Status Report
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
ADDRESS:
PHONE:
TITLE:
FAX:
On an attached sheet, answer the following questions and attach it to your
application.
PRELIMINARY INFORMATION:
Is this a first time project? If not, please give details of past projects.
Do you anticipate using area hotels in support of your project?
If so, what are the estimated hotel room nights generated by project?
What is the estimated revenue generated by this project?
What is the estimated number of participants expected to visit the project?
If project planning is in progress, what has been done, what remains to be done, and are
there any problems?
If the project planning has not been started, why?
List any planned out -of- county advertising, marketing, and /or public relations that will be
used in support of the project.
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Agenda Item No. 16=5
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EXHIBIT "B"
Collier County Tourist Development Council
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
ADDRESS:
PHONE:
Interim Status Report
TITLE:
W
On an attached sheet, answer the following questions to identify the status of the
project. Submit this report at least quarterly.
INTERIM — These questions will identify the current status of the project. After the TDC
staff reviews this Interim Status Report, if they feel you are behind schedule on the
planning stages, they will make recommendations to help get the project stay on schedule.
Has the planning of this project started?
At what point are you at with the planning stage for this project?
(Percent of completion)
Will any hotels /motels be utilized to support this project?
If so, how many hotel room nights will be utilized?
What is the total dollar amount to date of matching contributions?
What is the status of the advertising and promotion for this project?
Have your submitted any advertisements or printed pieces to the TDC staff for approval?
Please supply a sample and indicate the ad schedule.
How has the public interest for this project been up to this point?
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Agenda Item No. 15F5
July 27, 2010
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EXHIBIT "C"
Collier County Tourist Development Council
Final Status Report
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
ADDRESS:
PHONE:
TITLE:
FAX:
On an attached sheet, answer the following questions for each element in your
!cove of work.
Final — These questions should be answered for your final status report.
Was this a first time project? If not, how many times has this event taken place?
What hotels /motels were utilized to support the project and how many?
What is the total revenue generated for this event?
Total expenses. (Have all vendors been paid ?)
List the vendors that have been paid, if not, what invoices are still outstanding and why?
What is the number of participants that visited the project?
What is the percentage of the total participants from out of Collier County?
What problems occurred if any during the project event?
List any out -of- county- advertising, marketing, and /or public relations that was used to
support the project and attach samples.
How could the project been improved or expanded?
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July 27.20 1, 0
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EXHIBIT "D"
REQUEST FOR FUNDS
COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL
EVENT NAME
ORGANIZATION
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 and Scope of Services in your agreement. Copies of paid invoices, cancelled
checks, tear sheets, printed samples or other backup information to substantiate payment must
accompany request for funds. The following will not be accepted for payments: statements in
place of invoices; checks or invoices not dated; tear sheets without date, company or
organizations name. A tear sheet is required for each ad for each day or month of publication. A
proof of an ad will not be accepted.
For each additional request for payment subsequent to the first request, Grantee is required to
submit verification in writing that all subcontractors and vendors have been paid for work and
materials previously performed or received prior to receipt of any further payments.
If project budget has specific categories with set dollar limits, the Grantee is required to include a
spreadsheet to show which category each invoice is being paid from and total of category before
payment can be made to Grantee. Organizations receiving funding should take into consideration
that it will take a maximum of 45 days for the County to process a check.
Furnishing false information may constitute a violation of applicable State and Federal laws.
CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on
our official accounting system and records, consistently applied and maintained and that the cost
shown have been made for the purpose of and in accordance with, the terms of the contract. The
funds requested are for reimbursement of actual cost made during this time period.
SIGNATURE TITLE
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EXHIBIT "F"
2010 Naples International Film Festival, Inc.
Project Budget
Out of Collier County marketing and advertising expenses
to include website and social media site ads.
Up to $14,000 to be expended in Fiscal Year 2010 and the
balance expended in Fiscal Year 2011
Total:
ilK
Agenda Item No. 16F5
July 27, 2010
Page 14 of 14
Funding — Not to Exceed
$20,000
$20,000