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Backup Documents 09/14/2010 Item #16F 416F4 MEMORANDUM Date: October 5, 2010 To: Lyn Wood, Contract Specialist Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: FYI I Tourist Development Tax Category C -2 Non - County Owned Museum Grant Agreement Grantee: Children's Museum of Naples, Inc. Attached are two original copies of the agreement referenced above, (Item #16F4) approved by the Board of County Commissioners on September 14, 2010. The third original agreement will be held on file in the Minutes and Records Department as part of the Board's Official Record. If you should have any questions, please contact me at 252 -8406. Thank you. Attachment ITEM NO.: FILE NO.: ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: September 28, 2010 To: Office of the County Attorney Jennifer B. White q From: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department, Extension 2667 Re: Contract: #10 -5551 "2011 Tourism Agreement" Contractor: Children's Museum of Naples BACKGROUND OF REQUEST: XbATE `R Fb:4 Ij M' Al I ?FN,FY ! T°: , dose wJ �O'er- This Contract was approved by the BCC on September 14, 2010; Agenda Item 165.4 �1 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. 9 V, & IDlS110 C: Jack Wert Tourism t(lyu RECEIVED OCT 0 5 2010 Raard of rOunt, Cnmmissrone < MEMORANDUM TO: Ray Carter Risk Management Department FROM: Lyn M. Wood, C.P.M., Contract Specialist , Purchasing Department( II DATE: September 28, 2010 U RE: Review Insurance for Contract: #10 -5551 "2011 Tourism Agreement" Contractor: Children's Museum of Naples This Contract was approved by the BCC on September 14, 2010; Agenda Item 161.4 Please review the Insurance Certificates for the above referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. dod /LMW C: Jack Wert, Tourism SEP 2 9 2010 77 �J /jai O 16F4 16F4 mausen_g From: RaymonclCarter Sent: Thursday, September 30, 2010 2:33 PM To: Lyn W ood Cc: WertJack; mausen_g; HerreraSandra Subject: Contract 10 -5551 "2011 Tourism Agreement" All, I have approved the certificate of insurance provided by the Children's Museum of Naples for contract 10 -5551. The contract will now be forwarded to the county attorney's office for their review. Thank you, a."21 Manager Risk Finance Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Office 239 - 252 -8839 Mobile 239- 821 -9370 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 16F4 2011 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CHILDREN'S MUSEUM OF NAPLES, INC. THIS AGREEMENT, is made and entered into this 1st day of October, 2010, by and between the 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 advertising 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 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 promotion of GRANTEE'S Grand Opening (hereinafter "the Project "), to include: 16F4 (i) Advertising and promotional expenses in media and promotional literature distributed outside of Collier County to increase the number of overnight visitors to Collier County. 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of 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 and copies of cancelled checks or other evidence of payment and performance to the Executive Director of the Naples, Marco, Everglades Convention and Visitors Bureau ( "CVB "), or his designee, for review and upon verification by letter from the GRANTEE that the services or work performed as described in the invoice have been completed or that the goods have been received and that all vendors have been paid. (b) The Executive Director of the CVB, or his designee, shall determine that the invoice payments are authorized and that the goods or services covered by such invoice[s] have been provided or performed in accordance with such authorization. The budget attached as Exhibit "F" shall constitute authorization for the expenditure[s] described in the invoice[s]. (c) All expenditures shall be made in conformity with this Agreement. (d) The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre - audits all payment invoices in accordance with law. (e) GRANTEE shall be paid for its actual costs, not to exceed the for maximum amount budgeted pursuant to the attached "Exhibit F ". (f) All requests for reimbursement must be received by September 30, 2011 to be eligible for payment. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in Paragraph One (1) will be paid by COUNTY. 16F4 (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2010 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. 4. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming the Collier County Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY — Statutory (c) The Certificate of Insurance must be delivered to the Executive Director of the CVB or his designee with copies of the Agreement executed by GRANTEE. The GRANTEE shall not commence promotional or advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY and the Agreement is fully executed. S. 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. 16F4 (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 15, 2011. (d) Each report shall identify the amount spent, the duties performed, the services provided and the goods delivered since the previous reporting period. (e) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. (f) COUNTY may withhold any interim or final payments for failure of GRANTEE to provide the interim status report or final status report until the County receives the interim status report or final status report or other report acceptable to the Executive Director of the CVB. (g) GRANTEE shall request that visitors to the the Children's Museum of Naples complete the visitor questionnaire attached to this Agreement as Exhibit "E ". All completed visitor questionnaires shall be maintained in accordance with Section 13 of this Agreement. 6. CHOICE OF VENDORS AND FAIR DEALIN G: (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. 16F4 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 Children's Museum of Naples, Inc. P.O. Box 2423 Naples, Florida 34106 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: Jack Wert, Executive Director Naples, Marco Island, Everglades CVB 2800 N. Horseshoe Drive Naples, Florida 34104 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE, or its vendors or subcontractors, as an agent or employee of the COUNTY. 10. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this Agreement and shall provide all information and documentation 16F4 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 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. 16F4 15. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 16. TERM: This Agreement shall become effective on October 1, 2010 and shall remain effective for one year until September 30, 2011. If the project is not completed within the term of this agreement, all unreleased funds shall be retained by the COUNTY. Any extension of this agreement beyond the one (1) year term in order to complete the Project must be at the express consent of the Collier County Board of County Commissioners. 17. The GRANTEE must request any extension of this term in writing at least sixty (60) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional 90 days. 18. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Executive Director of the CVB or his designee, along with a final budget analysis by October 15, 2011. 19. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County and the Tourist Development Council as a source of funds and display the CVB logo and website address to qualify for reimbursement. 20. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. 16F4 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 F. BROCK, Clerk F�T'f, 1 legal (1) Printed/Typed Name M" (2) �en n'� SahcZ Printed/Typed Name BOARD OF COUNTY COMMISSIONERS COLLIER C_ TY�i, FLORIDA By:: FRED W. COYLE, Chairman GRANTEE: CHILDREN'S MUSEUM OF NAPLES, INC. BY: Joc Cox Printed/Typed Name Exczc.�'TJ6 DIeaGSb2 Printed/Typed Title Item # }%V' —II 11 Agenda q o Date Date r 1 �v Rar.'d �=--Y� 16F4 EXHIBIT "A" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Preliminary Status Report TITLE: FAX: On an attached sheet answer the following questions and attach It to your aaollcation. 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. 16F4 EXHIBIT "B" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Interim Status Report TITLE: On an attached sheet, answer the following guestlons to identify the status of the prolect. 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? EXHIBIT "C' Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Final Status Report TITLE: FAX: 16F4 On an attached sheet answer the following Questions for each element in your scone of work. Final —These questions should be answered for your final status report. Was this a first time project? If not, how many times has this event taken place? What hotels /motels were utilized to support the project and how many? What is the total revenue generated for this event? Total expenses. (Have all vendors been paid ?) List the vendors that have been paid, if not, what invoices are still outstanding and why? What is the number of participants that visited the project? What is the percentage of the total participants from out of Collier County? What problems occurred if any during the project event? List any out -of- county- advertising, marketing, and /or public relations that was used to support the project and attach samples. How could the project been improved or expanded? 4 EXHIBIT "D" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE( ) REQUEST PERIOD FROM TO ( ) INTERIM REPORT ( ) FINAL REPORT TOTAL CONTRACT AMOUNT $ EXPENSE BUDGET REIMBURSEMENT REQUESTED TOTALS REQUEST q NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Copies of paid Invoices, cancelled checks, tear sheets, printed samples or other backup Information to substantiate payment must accompany request for funds. The following will not be accepted for payments: statements in place of invoices; checks or invoices not dated; tear sheets without date, company or organizations name. A tear sheet Is required for each ad for each day or month of publication. A proof of an ad will not be accepted. Each additional request for payment subsequent to the first request, Grantee Is required to submit verification In writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. If project budget has specific categories with set dollar limits, the Grantee is required to Include a spreadsheet to show which category each invoice is being paid from and total of category before payment can be made to Grantee. Organizations receiving funding should take Into consideration that It will take a maximum of 45 days for the County to process a check. Furnishing false information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF FINANCIAL OFFICER: 1 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 16F4 EXHIBIT "E" Naples Marc °�-. :id Everglades VISITOR QUESTIONNAIRE Welcome to the Paradise Coast'"`. 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'". PLEASE REFER TO OUR PARADISE COAST BROCHURES FOR THE LOCATION OF ALL AREA ATTRACTIONS. NAME: ADDRESS: CITY ST ZIP DATE OF ARRIVAL: DATE OF DEPARTURE: WHERE ARE YOU HOTEL /RESORT FRIENDS /FAMILY CONDOMINIUM STAYING? NAME OF HOTEL AND CITY /AREA: NAME OF CONDOMINIUM /TIMESHARE: # OF ROOMS OCCUPIED z 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 Llebig Art Center Beaches Everglades Tour Naples Zoo Naples Museum of Art Naples Pier County Parks Naples Botanical Garden Sugden Theatre Shelling National Park Fun 'n Sun Water Park Naples Philharmonic Fishing State Parks Swamp Buggy Race Art Galleries Boating Corkscrew Swamp Mini Golf Other Kayaking Conservancy of SW FL King Richard's Fun Park Other Lake Trafford Other Other SHOPPING AND DINING SIGHTSEEING RELAXATION & Fifth Avenue South Lunch /Dinner Cruise/ ENTERTAINMENT Third Street South Sunset Cruise Golf Waterside Shops City Trolley Tour Spa Venetian Bay Everglades Tour Shelling Bayfront Segway Tour Seminole Casino Tin City Dolphin Cruise Lounges & Clubs Prime Outlets Other Music Other Other 16F4 EXHIBIT "F" Children's Museum of Naples, Inc. Project Budget Fundina — Not to Exceed Out of County Advertising and Marketing Expenses Related to the Grand Opening to include: Public Broadcast Campaign, Print and Radio Advertising Total: $100,000 16F14 A` ORa CERTIFICATE OF LIABILITY INSURANCE 91 9 DATE IMMIODIYYYYI /2010 ,THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Llltgert Insurance - Naples PO Box 112500 Naples FL 34108 _ OUNT CT NAME: Amy Ruiz PHONE AI UVCNOEYt)'2a9- 262 - 7171__._.__ AIC, NOg 9232662 5360._ _ E -MAIL oral Z@llltgert insurance. COm _ _ADDRESS: P D ER CUSTOMERIDk,_ _ INSURERS) AFFORDING COVERAGE _ .._ NAIC# INSURED INSURERA FOCI Insurance- COmpa0V __24570 _ Children's Museum of Naples INSURERS Southern Owners 10190 PO Box 2423 Naples FL 34106 INSURER C: INSURER D. INSURER E: INSURER F: $1,000,000 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR- -�� AD - -POLICY EFF rPOLICY E %P� LTR TYPE OF INSURANCE POLICY NUMBER MMIODIYYYY MMIDDIYYYY LIMITS e ,GENERAL LIABILITY IN ACCORDANCE WITH THE POLICY PROVISIONS. 0823122091918809 1,11/1/2009 11/1/2010 EACH OCCURRENCE $1,000,000 Council X iCOMlMERCIAL GENERAL LIABILITY .� / Naples FL 34112 a /�,w 4& DAMAUL PREMISES Lao e $300,000 MEDEXP(Anyone person)_ $10,000 _. CLAIMS -MADE F.-IOCCUR PERSONAL,& ADV INJURY $1,000,000 GENERAL AGGREGATE $2, 000, 000 _ GEN'L AGGREGATE LIMIT APPLIES PER $2,000,000 PRODUCTS,- COMP/OP AGG POLICY 17 PRO- LOC $ B AUTOMOBILE LIABILITY 0823122091418B09 11/1/2009 11/1/2010 COMBINED SINGLE LIMIT La amment) $1,000,000 ANY AUTO BODILY INJURY (Per Person) S ALL OWNED AUTOS _— BODILY INJURY (Per acciOenQ _ $ SCHEDULEDAUTOS HIRED AUTOS PROPERTY DAMAGE (Per accitlenp $ $ X NON -OWNED AUTOS UMBRELLA LIAB _ OCCUR ,. EACH OCCURRENCE $ AGGREGATE EXCESS LIAB CLAIMS -MADE S DEDUCTIBLE $ $ RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORJPARTNERIEXECUTIVE ❑'.NIA OFFICERIMEMBER EXCLUDED? (Mandatory in NH) 159659 4/3/2010 �I. " 4/3/2011 ',I STATU- X 0TH- -- Higher Limit -- _ - " " " -- E.L. EACH ACCIDENT ,$500,000 — E.L. DISEASE_ EA EMPLOYEE $500,000 E.L. DISEASE- POLICY LIMIT I$50— 0,000 If yes, describe under DESCRIPTION OF OPERATIONS below I I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AKaeh ACORD 101, Additional Remarks Schedule, if more apace Is required) office non - profit Contract # 09 -5321 "Tourism Grant Agreement- Children's Museum of Naples" Collier County Board of County Commissioners and the Tourist Development Council are addtional insured with regards to the above contract. W -I VOO -AUUW AI Umw vvrtrvrw I Ivry. /iu n}juta wam vcV. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County Commissioners and Tourist Development AUTHORIZED REPRESENTATIVE Council 3301 East Tamiami Trail East .� / Naples FL 34112 a /�,w 4& W -I VOO -AUUW AI Umw vvrtrvrw I Ivry. /iu n}juta wam vcV. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD 16F4 MEMORANDUM Date: November 24, 2010 To: Lyn Wood, Contract Specialist Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #10 -5551: Tourist Development Tax Non - County Owned Museum Grant Agreement Contractor: Holocaust Museum of SW Florida Attached are two original copies of the contract referenced above, (Item #16F4) approved by the Board of County Commissioners September 14, 2010. The third original contract will be held on file in the Minutes and Record's Department as part of the Board's Official Record. If you have any questions, please contact me at 252 -8406. Thank you. Attachment ITEM NO.: P— P ex—C' Dl1SLt FILE NO.: ROUTED TO: Date: November 15, 2010 Purchasing Department 3327 Tamiami Trail East Naples, Florida 34112 Telephone: (239) 252 -2667 FAX: (239) 252-6593 Email: lynwoodt7a colliergov.net www.colliergov.net/purchasing DATE RECEIVED: Request for Legal Services To: Jennifer White Assistant County Attorney From: Lyn M. Wood, C.P.M. -� Contract Specialist '"xL/�V Re: 10 -5551 Tourism Agreements Contractor: Holocaust Museum of SW Florida BACKGROUND OF REQUEST: -:1b u-C ttl ZZ This contract was approved by the BCC on 9114/10; agenda item 16F4. This item has not been previously submitted. ACTION REQUESTED: Contract and amendment review and approval. OTHER COMMENTS: a Y1 16F4 V n �lo �V Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me at the telephone number or email address above. Purchasing would appreciate notification when the documents exit your office. C: Jack Wert, Tourism G /Acqu isitions/ AgentForm sand Letters /RiskMgmtReviewofl nsu ran ce4 /15/2010/16/09 color county Adrixnistrative Services Division Purchasing Memorandum Subject: Solicitation # 10 -5551 Tourism Agreements Date: November 15, 2010 From: Lyn M. Wood, C.P.M. J Contract Specialist To: Ray Carter Risk Management 16F4 Purchasing Department 3327 Tamiami Trail East Naples, Florida 34112 Telephone: (239) 252 -2667 FAX: (239) 252-6593 Email: lynwoodna collieroov.net www. coil iergov. neVpu rch asi no This Contract was approved by the BCC on September 14, 2010, agenda item 16F4. The County is in the process of executing this contract with Holocaust Museum of SW Florida. The vendor has declined to sign amendment #1 and has instead supplied the requested insurance certificate which is included in the agreement. Please review the Insurance Certificate(s) for the referenced Contract. • If the insurance is not in order please contact the vendor /insurance company to obtain a proper certificate. Once you receive the proper certificate(s), please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. • If the insurance is in order please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. If you have any questions, please contact me at the above referenced information. Ins n v B Risk Management Signature Date (Please route to County Attorney via attached Request for Legal Services) DATE RECEIVED NUV 10 2010 RISK WAMGEMENT G /Acqu isitions/ AgentForrnsandLetters /RiskMgmtReviewoflnsu ran ce4 /15/2010/16/09 16F4 mausen g From: RaymonclCarter Sent: Wednesday, November 17, 2010 11:56 AM To: Lyn Wood Cc: mausen_g; HerreraSandra, WertJack Subject: Contract "10 -5551 Tourism Agreements " - Holocaust Museum of SW Florida All, I have approved the certificate of insurance provided by the Holocaust Museum of SW Florida for the above referenced contract which will now be forwarded to the county attorney's office for their review. Thank you, m Manager Risk Finance Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Office 239 - 252 -8839 Mobile 239- 821 -9370 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. www.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return To List Events No Name History Detail by Entity Name Florida Non Profit Corporation SOUTHWEST FLORIDA HOLOCAUST MUSEUM INC. Filinq Information Document Number N01000000676 FEIIEIN Number 593740883 Date Filed 01/29/2001 State FL Status ACTIVE Last Event AMENDME Event Date Filed 12/03/2001 Event Effective Date NONE Principal Address 4760 TAMIAMI TRAIL NORTH STE 7 NAPLES FL 34103 Changed 02/23/2006 Mailing Address 4760 TAMIAMI TRAIL NORTH STE 7 NAPLES FL 34103 Changed 04/3012010 Registered Agent Name & Address BIALEK, JOSHUA 9132 STRADA PLACE 3RD FLOOR NAPLES FL 34108 -2683 US Name Changed: 05/01/2009 Address Changed: 04130/2010 Officer /Director Detail Name & Address Title PRIES HIRSCHOVITS, FRED 60 SEAGATE DRIVE, #1704 NAPLES FL 34103 Title VP r Document Searches T6 f3T Forms Help Entity Name Search Submit http: / / www.sunbiz.org/ scripts /cordet.exe? action= DE,rFlf, &inq_doc_ number= NO1000000... 11/15/2010 www.sunbiz.org - Department of State Page 2 of 3 04/30/2010 -- 16F4 View image in PDF format BIALEK, JOSHUA M ANNUAL REPORT View image in PDF format 1817 SENEGAL DATE DRIVE ANNUAL REPORT View image in PDF format NAPLES FL 34119 ANNUAL REPORT View image in PDF format Title VP ANNUAL REPORT View image in PDF format YOVANOVICH, RICHARD D ANNUAL REPORT View image in PDF format 4001 TAMIAMI TRAIL NORTH, SUITE 300 ANNUAL REPORT View image in PDF format NAPLES FL 34103 ANNUAL REPORT View image in PDF format Title TR ANNUAL REPORT View image in PDF format KAPLAN, RONALD E Amendment View image in PDF format 694 MOORING LINE DRIVE Reg. Agent Change View image in PDF format NAPLES FL 34102 Domestic Non -Profit View image in PDF format Title SEC LEVY, GODFREY 1919 4TH STREET SOUTH NAPLES FL 34102 Title PPR CAHNERS, ROBERT M 2200 SHEEPSHEAD DR. NAPLES FL 34102 Annual Reports Report Year Filed Date 2008 04/15/2008 2009 05/01/2009 2010 04/30/2010 Document Images 04/30/2010 -- ANNUAL REPORT View image in PDF format 05/01/2009 -- ANNUAL REPORT View image in PDF format 04/15/2008 -- ANNUAL REPORT View image in PDF format 02/08/2007 ANNUAL REPORT View image in PDF format 02/23/2006 -- ANNUAL REPORT View image in PDF format 01/24/2005 ANNUAL REPORT View image in PDF format 03101/2004 -- ANNUAL REPORT View image in PDF format 01/23/2003 -- ANNUAL REPORT View image in PDF format 09/17/2002 -- ANNUAL REPORT View image in PDF format 12/03/2001 -- Amendment View image in PDF format 08/27/2001 -- Reg. Agent Change View image in PDF format 01/29/2001 -- Domestic Non -Profit View image in PDF format Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List Entity Name Search Events No Name History Submit I Home I Contact us I DOCament Searches I F- Filinq Services I Forms I Held I CoOvwrA,, and Privacy Policies http: / /www.sunbiz.org /scripts /cordet.exe ?action= DETFIL &inq doc_ number= N01000000... 11/15/2010 www.sunbiz.org - Department of State State of Florida, Department of State Page 3 of 3 1 6 F 4 http: / / www.sunbiz.org/ scripts /cordet.exe? action= DETFIL &inq_doc_number= N01000000... 11/15/2010 16F4 RLS# CHECKLIST FOR REVIEWING CONTRACTS Entity Name: _ / ' co c u I t I �1scurn Entity name correct on contract? _ P/ Y�es� No Entity registered with FL Sec. of State'? es No Insurance Insurance Certificate attached? Insured registered in Florida? Contract # & /or Project referenced on Certificate'? Certificate Holder name correct (BCC)'? Commercial General Liability General Aggregate Required $ Products /Compl /Op Required $_ _ Personal & Advert Required $ Each Occurrence Required $ Fire /Prop Damage Required Automobile Liability Bodily Inj & Prop Required $ Workers Compensation Each accident Required $ a Disease Aggregate Required $ Disease Each Empl Required $ Umbrella Liability 1�yy s es Exp. Date Exp. Date Exp. Date Exp. Date Exp. Date No No No No Provided $-3,1'y\ \1 Provided $ if 1 Provided Provided $ t t r Provided $ Provided $ Exp Date Provided $_ �QC�L Exp Date Provided $ I Exp Date Provided $ Exp Datet J Each Occurrence Provided $ Exp Date Aggregate Provided $ _ Exp Date Does Umbrella sufficiently cover any underinsured portion? Yes No Professional Liability Each Occurrence Required $ _ Provided $ Exp. Date Per Aggregate Required $ _ Provided $ Exp. Date _ Otherinsurance 1 ^ p Each Occur Type: t' Required $ Provided $ -. _h b Exp Datc4�� County required to be named as additional insured? —s No County named as additional insured? Yes No Indemnification Does indemnification meet County standards? _V/ Yes Is County indemnifying other party? Yes o ZNo Performance Bond Bond requirement referenced in contract? Yes No If attached, expiration date of bond Does dollar amount match contract? Yes No Agent registered in Florida? Yes No Signature Blocks Correct executor name in signature block'? No Correct title of executor? _ No Executor authorized to sign for entity? __ � No Proper number of witnesses /notary? .� " s _ No Authorization for executor to sign, if necessary: Chairman's signature block? No Clerk's attestation signature block? s No County Attorney's signature block'? No Attachments Are all required attachments included? - Yes _ NO Reviewer Inaba Date 04 -COA -0103 22 16F4 2011 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE SOUTHWEST FLORIDA HOLOCAUST MUSEUM, INC. d /b /a HOLOCAUST MUSEUM OF SOUTHWEST FLORIDA THIS AGREEMENT is made and entered into this 1st day of October, 2010, by and between the Southwest Florida Holocaust Museum, Inc. d/b /a Holocaust Museum of Southwest Florida, a Florida not - for - profit corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY ". WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Collier County Tourism Ordinance provides that certain of the revenues generated by the Tourist Development Tax are to be allocated to acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote museums owned and operated by not - for - profit organizations and open to the public; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds for GRANTEE'S out of county marketing expenses; and WHEREAS, The Tourist Development Council has recommended funding for GRANTEE'S out of county advertising and promotional expenditures to promote visitation to the museum; and WHEREAS, the Board of County Commissioners has made a finding that GRANTEE qualifies as a museum; and WHEREAS, The Collier County Board of County Commissioners has approved the funding request of the GRANTEE and the Chairman was authorized to execute the Tourism Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: 16 F �. (a) In accordance with the authorized expenditures as set forth in the Budget, attached hereto as Exhibit "F ", the GRANTEE shall expend the funds for the promotion of GRANTEE'S marketing (hereinafter "the Project "), to include: (i) Advertising and promotional expenses in media and promotional literature distributed outside of Collier County to increase the number of overnight visitors to Collier County. 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Thirty-Two Thousand and Five Hundred Dollars (532,500). GRANTEE shall be paid in accordance with the fiscal procedures of the County for the expenditures incurred as described in Paragraph One (1) herein upon submittal of a Request for Funds on the form attached hereto as Exhibit "D" and made a part hereof, and shall submit vendor invoices and copies of cancelled checks or other evidence of payment to the Executive Director of the Naples, Marco, Everglades Convention and Visitors Bureau ( "CVB "), or his designee, for review and upon verification by letter from the GRANTEE that the services or work performed as described in the invoice have been completed or that the goods have been received and that all vendors have been paid. (b) The Executive Director of the CVB, or his designee, shall determine that the invoice payments are authorized and that the goods or services covered by such invoice[s] have been provided or performed in accordance with such authorization. The budget attached as Exhibit "F" shall constitute authorization for the expenditure[s] described in the invoice[s]. (c) All expenditures shall be made in conformity with this Agreement. (d) The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre- audits all payment invoices in accordance with law. (e) GRANTEE shall be paid for its actual costs, not to exceed the maximum amount budgeted pursuant to the attached "Exhibit F" (f) All requests for reimbursement must be received by September 30, 2011 to be eligible for payment. 3. ELIGIBLE EXPENDITURES: 16F4 (a) Only eligible expenditures described in Paragraph One (1) will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2010 and September 30, 2011. (c) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY's written request to repay said funds. (d) COUNTY may request repayment of funds for a period of up to three (3) years after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming the Collier County Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY — Statutory (c) The Certificate of Insurance must be delivered to the Executive Director of the CVB or his designee with copies of the Agreement executed by GRANTEE. The GRANTEE shall not commence promotional or advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY and the Agreement is fully executed. 5. REPORTING REQUIREMENTS: 16F4 (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 15, 2011. (d) Each report shall identify the amount spent, the duties performed, the services provided and the goods delivered since the previous reporting period. (e) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. (f) COUNTY may withhold any interim or final payments for failure of GRANTEE to provide the interim status report or final status report until the County receives the interim status report or final status report or other report acceptable to the Executive Director of the CVB. (g) GRANTEE shall request that visitors to the Holocaust Museum of Southwest Florida complete the visitor questionnaire attached to this Agreement as Exhibit "E ". All completed visitor questionnaires shall be maintained in accordance with Section 13 of this Agreement. 6. CHOICE OF VENDORS AND FAIR DEALING: (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. 16F 4 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: Alex Vance, Executive Director Holocaust Museum of Southwest Florida 4760 Tamiami Trail North, Suite 7 Naples, Florida 34103 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: Jack Wert, Executive Director Naples, Marco Island, Everglades CVB 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 16F4 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 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. 16F4 15. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 16. TERM: This Agreement shall become effective on October 1, 2010 and shall remain effective for one year until September 30, 2011. If the project is not completed within the term of this agreement, all unreleased funds shall be retained by the COUNTY. Any extension of this agreement beyond the one (1) year term in order to complete the Project must be at the express consent of the Collier County Board of County Commissioners. 17. The GRANTEE must request any extension of this term in writing at least sixty (60) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional 90 days. 18. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Executive Director of the CVB or his designee, along with a final budget analysis by October 15, 2011. 19. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County and the Tourist Development Council as a source of funds and display the CVB logo and website address to qualify for reimbursement. 20. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. 16F4 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. ATT,EST;:..'' DWIGHT E. BROCK, Clerk Assistant County Attorney WITNESSES: (l) -J boo l%coSo v Printed/Typed Name�� (z) 2 �� K "T Z N (N ta., 110 Printed/Typed Name BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, FLORIDA By: 'Ltk Sni ( FRED W. COYLE, Chairman GRANTEE: SOUTHWEST FLORIDA HOLOCAUST MUSEUM, INC. d/b /a HOLOCAUST MUSEUM OF SOUTHWEST FLORIDA �s VtAa— —A n S Printed/Typed Title Item # Agenda J__l_ .1__. 0 Date Ro ACORO® 1 CERTIFICATE OF LIABILITY INSURANCE `/ 1 8/10/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the PRODUCER Lutgert Insurance - Naples PO Box 112500 Naples FL 34108 INSURED SW FL Holocaust Museum,Inc. dba Holocaust Museum of Southwest Florida 4760 Tamiami Trail North #7 Naples FL 34103 WC No Eat, 239.162= 7171. = _(AI�C NoJ139- 262- S36.Q___ E -MAIL ADDRESS ad_rawdyalutgert insurance._gom PR UCER CUSTOMER ID N: SWFLH -1 INSURI I5) AFFORDING COVERAGE NAICM INSURER A:Hart ford Ins Co of SE INSURERS Tec_h_nology Ins Company INSURER C. Travelers Property. &_Casualty_ INSURER D INSURER E: COVERAGES CERTIFICATE NUMBER: i538666e79 REVISION NUMFIi THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TOALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR U� ADDL - - _ -- -- POLICY EFF POLICY EXP - - LTR TYPE OF INSURANCE POLICY NUMBER MMIDO'YYYY MMIDDIYYYY LIMITS A GENERAL LIABILITY 121SBABX8190 18/2/2010 6/2/2011 EACH OCCURRENCE $1,000, 000 X COMMERCIAL GENERAL LIABILITY DAgAGETO7FENTE6— _ -_ PREMISES fEa occurrence) ___ $300,000 MADE IX_. OCCUR MED_ EXP(Any one Person) 000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 _.. GENT AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP_ A_GG I $2. 000, 000 I PRO- Pl POLICY LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO I (Ee accdenq -I BODILY INJURY (Per Person) $ ALL ONMED AUTOS r BODILY INJURY (Per accident) $ . SCHEDULED AUTOS -, - — - PROPERTY DAMAGE t - $ HIRED AUTOS 1 (Per acc deny NON -OMED AUTOS j $ UMBRELLA LIAR L _ OCCUR EACH OCCURRENCE $ I EXCESS LIAB CLAIMS -MADE AGGREGATE $ DEDUCTIBLE $ ' RETENTION $ $ SIX B WORKERS COMPENSATION TWC1216717 15/12/2010 5/12/2011 ! KG 5TATU- 0TH - i AND EMPLOYERS' LIABILITY YIN :.TORY LIMITS. -__ . EB- _. $100, 000 ANY PROPRIETOR /PARTNERIEXECUTIVE MIA IE L. EACH ACCIDENT OFFICERIMEMBER EXCLUDED9 (MandatdnJ in NH) ! I E L DISEASE - EA EMPLOYE - $100, 000 If yyes, desenlee under — - -- -- - DESCRIPTIONOFOPERATIONSbel. E.L. DISEASE - POLICY LIMIT $500,000 C Property QT660049OR520 8/9/2010 8/9/2011 (Contents Coverage 180,000 '..Property in Transi 80,000 Deductible 1,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Aeac11 ACORO 101, AddNlonal Remarks Schedule, It more spaes Is mqulnd) Collier County Board of County Commissioners and the Tourist Development Council are Additional Insured with regards to contract. Collier County Board of County Commissioners and the Tourist Development Council 3301 Tamiami Trail East Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD EXHIBIT "A" Collier County Tourist Development Council Preliminary Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: 16F4 On an attached sheet, answer the following auestions 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. 16F4 EXHIBIT "B" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: Interim Status Report TITLE: PHONE: FAX: On an attached sheet answer the followina questions to identify the status of the project. Submit this report 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? 16F4 EXHIBIT irc 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 questions for each element in your scope of work. Final —These questions should be answered for your final status report. Was this a first time project? If not, how many times has this event taken place? What hotels /motels were utilized to support the project and how many? What is the total revenue generated for this event? Total expenses. (Have all vendors been paid ?) List the vendors that have been paid, if not, what invoices are still outstanding and why? What is the number of participants that visited the project? What is the percentage of the total participants from out of Collier County? What problems occurred if any during the project event? List any out -of- county- advertising, marketing, and /or public relations that was used to support the project and attach samples. How could the project been improved or expanded? EXHIBIT "D" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE( ) REQUEST PERIOD FROM TO REQUEST# ( ) INTERIM REPORT ( ) FINAL REPORT TOTAL CONTRACT AMOUNT $ EXPENSE BUDGET TOTALS 16F4 NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Copies of paid Invoices, cancelled checks, tear sheets, printed samples or other backup Information to substantiate payment must accompany request for funds. The following will not be accepted for payments: statements in place of Invoices; checks or Invoices not dated; tear sheets without date, company or organizations name. A tear sheet Is required for each ad for each day or month of publication. A proof of an ad will not be accepted. Each additional request for payment subsequent to the first request, Grantee is required to submit verification In writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. If project budget has specific categories with set dollar limits, the Grantee Is required to Include a spreadsheet to show which category each invoice Is being paid from and total of category before payment can be made to Grantee. Organizations receiving funding should take Into consideration that it will take a maximum of 45 days for the County to process a check. Furnishing false Information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on our official accounting system and records, consistently applied and maintained and that the cost shown have been made for the purpose of and In accordance with, the terms of the contract. The funds requested are for reimbursement of actual cost made during this time period. SIGNATURE TITLE 16F4 EXHIBIT "E" Naples MarC�i and M.- Everglades VISITOR QUESTIONNAIRE Welcome to the Paradise Coast w. 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'"'. 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 NAME OF CONDOMIN # OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY = HOW DID YOU SELECT THE HOTEL/CONDOMINIUM? INTERNET ( ) YOUR CHOICE ( ) TRAVEL AGENT ( ) OTHER: NUMBER OF MEALS YOU & YOUR GROUP WILL EAT OUT: Number of people in your party = Number of days of your visit = _ Number of meals eaten out each day = PLANNED AREA ACTIVITIES: (Please circle all that apply) ARTS & CULTURE WATER SPORTS NATURE von Liebig Art Center Beaches Everglades Tour Naples Museum of Art Naples Pier County Parks Sugden Theatre Shelling National Park Naples Philharmonic Fishing State Parks Art Galleries Boating Corkscrew Swamp Other Kayaking Conservancy of SW FL Other Lake Trafford Other SHOPPING AND DININ Fifth Avenue South Third Street South Waterside Shops Venetian Bay. Bayfront Tin City Prime Outlets Other SIGHTSEEING Lunch /Dinner Cruise/ Sunset Cruise City Trolley Tour Everglades Tour Segway Tour Dolphin Cruise Other FAMILY ATTRACTION Naples Zoo Naples Botanical Garden Fun 'n Sun Water Park Swamp Buggy Race Mini Golf King Richard's Fun Park Other RELAXATION & ENTERTAINMENT Golf Spa Shelling Seminole Casino Lounges & Clubs Music Other 16F4 EXHIBIT "F" Holocaust Museum of Southwest Florida Project Budget Funding — Not to Exceed Out of County Advertising and Marketing Expenses to include: PBS TV and Radio, Journals and Online Ads Total: $32,500 16F4 MEMORANDUM Date: January 5, 2011 To: Lyn Wood, Contract Specialist Purchasing Department From: Teresa Polaski, Deputy Clerk Minutes and Records Department Re: Contract #10 -5551 "Tourism Agreement and Amendment #1" Contractor: Naples Art Association, Inc. Attached one original of the contract and Amendment, referenced above (Item #16F4) approved by the Board of County Commissioners on September 14, 2010. The original has been kept by the Minutes and Records Department to be kept as part of the Boards Official Records. If you should have any questions please contact me at 252 -8411. Thank you. Purchasing Department = 3301 TamiaMi-Trail East c-or r County Napl es, Flo rida 341 12 . AdIrTinstra6ve Seruicies Dirvision Telephone: (239) 252 -2667 Purchasing FAX: (239) 252 -6593 Email: lynwood@colliergov.net www.colliergov.net ITEM NO.: C) ' �" 1 DATE RECEIVED: �,'L` FILE NO.: ROUTED TO: WWW DO NOT WRITE ABOVE THIS LINE Request for Legal Services v Date: December 9, 2010 To: Jeff ty At ow County Attorney From: Lyn M. Wood, C- P.M. Contract Specialist 1 "� Re: 10 -5551 2011 Tourism Agreements and Amendment #1 1 �� Contractor: Naples Art Association, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on 9114/10; agenda item 16F4. This item has not been previously submitted. ACTION REQUESTED: Contract and amendment review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me at the telephone number or email address above. Purchasing would appreciate notification when the documents exit your office. G /ACquisitions7 entFonnsandLetters /RiskMgmtReviewoflnsurance4 /15/2010/16/09 • t ZVOI Memorandum Subject: Solicitation # 10 -5551 2011 Tourism Agreements Date: December 9, 2010 From: Lyn M. Wood, C.P.M. Contract Specialist r, /` To: Ray Carter Risk Management 16F4 Purchasing Department 3301 Tarn ami Trail East Naples, Florida 34112 Telephone: (239) 252 -2667 FAX: (239) 252-6593 Email: lynwoodaa colliergov.net www.colliergov. neUpurchasing This Contract was approved by the BCC on September 14, 2010, agenda item 16F4. The County is in the process of executing this contract with Naples Art Association, Inc. You have waived insurance requirements associated with TDC Grant Agreements pursuant to you email of September 28, 2010, a copy of which is attached. Copies of Amendment #1 removing the insurance requirements are attached to each contract. If you have any questions, please contact me at the above referenced information. Insurance Apploved By Risk Manag ent Signature Date (Please route to County Attorney via attached Request for Legal Services) G /Acquisitions /Age ntForm sa nd Letters /R isk MgmtReviewofl n s u ra nce4/ 15/2010/16/09 16F4 I MausenGeorgina From: CarterRaymond Sent: Friday, December 17, 2010 10:32 AM To: WoodLyn Cc: MausenGeorgina; HerreraSandra Subject: 10 -5551 Tourism Agreements "United Arts Council of Collier County" and "Naples Art Association" Lyn, through previous discussion we had waived insurance on these two agreements, which will now be forwarded to the county attorney's office for their review. Thanks RMV C Af .k Manager Risk Finance Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Office 239 - 252 -8839 Mobile 239 -821 -9370 Under Florida Law, e-mail addresses are public records. If you do not want your a -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. J 6 F 4 LynWood From: RaymondCarter Sent: Tuesday, September 28, 2010 1:29 PM To: LynWood Subject: TDC Grant Agreements Lyn, as discussed earlier today, I have no issue with waiving insurance requirements associated with TDC Grant agreements. Ray U."21 Manager Risk Finance Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Office 239- 252 -8839 Mobile 239 - 821 -9370 Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 www.sunbiz.org - Department of State Home Contact Us Previous on List Next on List E- Filing Services Return To List Events No Name History Detail by Entity Name Florida Non Profit Corporation NAPLES ART ASSOCIATION, INC. Filina Information Document Number N95000004455 FEI/EIN Number 591022882 Date Flied 07/25/1995 State FL Status ACTIVE Effective Date 06/15/1954 Last Event AMENDMENT Event Date Filed 12/27/2004 Event Effective Date NONE REINCORPORATED Principal Address 585 PARK ST. NAPLES FL 34102 US Changed 02/23/1999 Mailing Address 585 PARK ST. NAPLES FL 34102 US Changed 02/23/1999 Registered Agent Name & Address KESSLER,JOEL 585 PARK STREET NAPLES FL 34102 US Name Changed: 01/07/2009 Address Changed: 07/07/2000 Officer /Director Detail Name & Address Title P NAPPO,FRANK 11224 LONGSHORE WAY W NAPLES FL 34119 Title VP I STEVENS, RICHARD Page 1 of 3 16F46 Document Searches Forms Help Entity Name Search $�(jdil'lita" http:// www .sunbiz.orglscriptslcordet.exe? action= DETFIL &inq_doc_ number= N950000O4... 12/21/2010 www.sunbiz.org - Department of State 1898 MISSION DR NAPLES FL 34109 Title S SALTARELLI, ROBERT 2877 LONE PINE LN NAPLES FL 34119 Title T HULBERT, LAURENCE E 295 GRANDE WAY #101 NAPLES FL 34119 Title D KESSLER,JOEL 905 VISTANA CIRCLE NAPLES FL 34119 Annual Reports Report Year Filed Date 2008 04/30/2008 2009 01/07/2009 2010 02/26/2010 Document Images Note: This is not official record. See documents if question or conflict Previous on List Next on List Return To List Events No Name History I Home I Contact us I Document Searches I E- Filing Services I Forms I Help I Page 2 of 3 16 FA Entity Name Search AM http:// www .sunbiz.orglscriptslcordet.exe? action = DETFIL &inq_doc_numbet= N95000004... 12/21/2010 www.sunbiz.org - Department of State Page 3 of 3 16F Cooyriqht© and Privacy Policies State of Florida, Department of State http: / /www. sunbiz.orglscriptslcordet.exe? action = DETFIL &inq_doc_number= N950000O4... 12/21/2010 16F4 2011 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES ART ASSOCIATION, INC. THIS AGREEMENT, is made and entered into this 1st day of October, 2010, by and between Naples Art Association, Inc. a Florida not- for - profit corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY ". WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Collier County Tourism Ordinance provides that certain of the revenues generated by the Tourist Development Tax are to be allocated to acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote museums owned and operated by not - for -profit organizations and open to the public; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds for GRANTEE'S marketing expenses to promote exhibits and festivals to attract visitors and enhance the quality of life for area residents; and WHEREAS, The Tourist Development Council has recommended funding for GRANTEE'Sout of market advertising expenditures for the promotion of major off -season upcoming exhibitions, festivals and special events to attract visitors; and WHEREAS, the Board of County Commissioners has made a finding that GRANTEE qualifies as a museum; and WHEREAS, The Collier County Board of County Commissioners has approved the funding request of the GRANTEE and the Chairman was authorized to execute the Tourism Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 16F 4 1. SCOPE OF WORK: (a) In accordance with the authorized expenditures as set forth in the Budget, attached hereto as Exhibit "F ", the GRANTEE shall expend the funds for the promotion of GRANTEE'S marketing (hereinafter "the Project "), to include: (i) Advertising and promotional expenses in media outside of Collier County to increase the number of overnight visitors to Collier County. 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Thirty-Seven Thousand and Five Hundred Dollars ($37,500). GRANTEE shall be paid in accordance with the fiscal procedures of the County for the expenditures incurred as described in Paragraph One (1) herein upon submittal of a Request for Funds on the form attached hereto as Exhibit "D" and made a part hereof, and shall submit vendor invoices and copies of cancelled checks or other evidence of payment and performance to the Executive Director of the Naples, Marco, Everglades Convention and Visitors Bureau ( "CVB "), or his designee, for review and upon verification by letter from the GRANTEE that the services or work performed as described in the invoice have been completed or that the goods have been received and that all vendors have been paid. (b) The Executive Director of the CVB, or his designee, shall determine that the invoice payments are authorized and that the goods or services covered by such invoice[s] have been provided or performed in accordance with such authorization. The budget attached as Exhibit "F" shall constitute authorization for the expenditure[s] described in the invoice[s]. (c) All expenditures shall be made in conformity with this Agreement. (d) The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre - audits all payment invoices in accordance with law. (e) GRANTEE shall be paid for its actual costs, not to exceed the maximum amount budgeted pursuant to the attached "Exhibit F" (f) All requests for reimbursement must be received by September 30, 2011 to be eligible for payment. 16F4 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, 2010 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. 4. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming the Collier County Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY— Statutory (c) The Certificate of Insurance must be delivered to the Executive Director of the CVB or his designee with copies of the Agreement executed by GRANTEE. The GRANTEE shall not commence promotional or advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY and the Agreement is fully executed. 16F4 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 15, 2011. (d) Each report shall identify the amount spent, the duties performed, the services provided and the goods delivered since the previous reporting period. (e) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. (f) COUNTY may withhold any interim or final payments for failure of GRANTEE to provide the interim status report or final status report until the County receives the interim status report or final status report or other report acceptable to the Executive Director of the CVB. (g) GRANTEE shall request that visitors to 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. 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. 16F 4 7. EMNIFICATION: GRANTEE shall indemnify and hold harmless Collier County, its agents, officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the GRANTEE or anyone employed or utilized by the GRANTEE in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. 8. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Joel Kessler, Executive Director /CEO The von Liebig Art Center 585 Park Street Naples, Florida 34102 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: Jack Wert, Executive Director Naples, Marco Island, Everglades CVB 2800 N. Horseshoe Drive Naples, Florida 34104 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE, or its vendors or subcontractors, as an agent or employee of the COUNTY. 10. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this Agreement and shall provide all information and documentation 16F 4 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 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. 16F4 15. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 16. TERM: This Agreement shall become effective on October 1, 2010 and shall remain effective for one year until September 30, 2011. If the project is not completed within the term of this agreement, all unreleased funds shall be retained by the COUNTY. Any extension of this agreement beyond the one (1) year term in order to complete the Project must be at the express consent of the Collier County Board of County Commissioners. 17. The GRANTEE must request any extension of this term in writing at least sixty (60) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional 90 days. 18. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Executive Director of the CVB or his designee, along with a final budget analysis by October 15, 2011. 19. REOUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County and the Tourist Development Council as a source of funds and display the CVB logo and website address to qualify for reimbursement. 20. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. 16F4 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. • a, A17f -tT: ra" 1 Approved as to form and legal t 'ency ...•.� As ounty Attorney WITNESSES: 6r— 11 9 Printed/Typed Name hICeUtnQ Printed/Typed Name BOARD OF COUNTY COMMISSIONERS COLLIER CQ Y, FLORID LAJ By:. FRED COYLE, Chairman GRANTEE: NAPLES ART ASSOCIATION, INC. BY:- Printed/Typed Name Printed/Typed Title Item # Agenda (� 1 �p Date Date 1 Recd Deputy UeflK EXHIBIT "A" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Preliminary Status Report TITLE: FAX: 16F4 On an attached sheet answer the following guestions and attach it to your application. PRELIMINARY INFORMATION: Is this a first time project? If not, please give details of past projects. Do you anticipate using area hotels in support of your project? If so, what are the estimated hotel room nights generated by project? What is the estimated revenue generated by this project? What is the estimated number of participants expected to visit the project? If project planning is in progress, what has been done, what remains to be done, and are there any problems? If the project planning has not been started, why? List any planned out -of- county advertising, marketing, and /or public relations that will be used in support of the project. EXHIBIT `B" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Interim Status Report TITLE: 16F4 On an attached sheet, answer the following auestions to identify the status of the arolect 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? EXHIBIT "C" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Final Status Report TITLE: FAX: 16F4 On an attached sheet, answer the followina questions for each element In your scone of work Final —These questions should be answered for your final status report. Was this a first time project? If not, how many times has this event taken place? What hotels /motels were utilized to support the project and how many? What is the total revenue generated for this event? Total expenses. (Have all vendors been paid?) List the vendors that have been paid, if not, what invoices are still outstanding and why? What is the number of participants that visited the project? What is the percentage of the total participants from out of Collier County? What problems occurred if any during the project event? List any out -of- county- advertising, marketing, and /or public relations that was used to support the project and attach samples. How could the project been improved or expanded? EXHIBIT "D" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE ( ) REQUEST PERIOD FROM TO ( ) INTERIM REPORT ( ) FINAL REPORT TOTAL CONTRACT AMOUNT $ EXPENSE BUDGET REIMBURSEMENT REQUESTED TOTALS REQUEST p 16F4 NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined In your application. Copies of paid invoices, cancelled checks, tear sheets, printed samples or other backup information to substantiate payment must accompany request for funds. The following will not be accepted for payments: statements In place of invoices; checks or Invoices not dated; tear sheets without date, company or organizations name. A tear sheet is required for each ad for each day or month of publication. A proof of an ad will not be accepted. Each additional request for payment subsequent to the first request, Grantee is required to submit verification In writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. If project budget has specific categories with set dollar limits, the Grantee is required to include a spreadsheet to show which category each Invoice is being paid from and total of category before payment can be made to Grantee. Organizations receiving funding should take into consideration that it will take a maximum of 45 days for the County to process a check. Furnishing false Information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on our official accounting system and records, consistently applied and maintained and that the cost shown have been made for the purpose of and in accordance with, the terms of the contract. The funds requested are for reimbursement of actual cost made during this time period. SIGNATURE TITLE 16F4 EXHIBIT "E" Naples G MazcMr ve Erglades r cove VISITOR QUESTIONNAIRE n Everglades Welcome to the Paradise Coast 1. 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`. 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 p OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY = HOW DID YOU SELECT THE HOTEL/CONDOMINIUM? INTERNET ( ) YOUR CHOICE ( ) TRAVELAGENT ( ) OTHER: NUMBER OF MEALS YOU & YOUR GROUP WILL EAT OUT: Number of people In your party = Number of days of your visit = Number of meals eaten out each day = PLANNED AREA ACTIVITIES: (Please circle all that apply) ARTS & CULTURE WATER SPORTS NATURE von Liebig Art Center Beaches Everglades Tour Naples Museum of Art Naples Pier County Parks Sugden Theatre Shelling National Park Naples Philharmonic Fishing State Parks Art Galleries Boating Corkscrew Swamp Other Kayaking Conservancy of SW FL Other Lake Trafford Other SHOPPING AND DINING SIGHTSEEING Fifth Avenue South Lunch /Dinner Cruise/ Third Street South Sunset Cruise Waterside Shops City Trolley Tour Venetian Bay Everglades Tour Bayfront Segway Tour Tin City Dolphin Cruise Prime Outlets Other Other Naples Zoo Naples Botanical Garden Fun'n Sun Water Park Swamp Buggy Race Mini Goff King Richard's Fun Park Other RELAXATION & Golf Spa Shelling Seminole Casino Lounges & Clubs Music Other EXHIBIT "F" The von Liebig Art Center Project Budget 16F4 Fundina — Not to Exceed Out of County Advertising and Marketing Expenses to include: Off Season Major Festival and Event Advertising, Print and Mailings Total: $37,500 EXHIBIT A -1 Contract Amendment #1 16F4 "2011 Tourism Agreement Between Collier County and Naples Art Association, Inc." This amendment, dated , 2010 to the referenced agreement shall be by and between the parties to the original Agreement, 'Naples Art Association, Inc. (to be referred to as "GRANTEE ") and Collier County, Florida, (to be referred to as "COUNTY "). Statement of Understanding RE: Contract # 10 -5551 - "2011 Tourism Agreement Between Collier County and Naples Art Association, Inc." In order to continue the services provided for in the original Contract document referenced above, the GRANTEE agrees to amend the above referenced Contract by deleting in its entirety Section 4, INSURANCE. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the GRANTEE and the COUNTY have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. GRANTEE: Naples Art Association, Inc. By; _Joel Kessler, Executive Director /CEO_ Type Name of Signatory E. $jZ0 Ct��.R,K 'i On II�X�t� 4 34nat rt 00 +, :70eputy i.uuuty :iuurney Accepted: 7 2010 COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Jack Wert, Department Director CONTRACT SPECIALIST By L L' G Lyn o0 PURCHASING /GS DIR=R A BY S�s4p" 1 1/t Stephdn Y. Carnell 16F4 MEMORANDUM Date: January 12, 2011 To: Lyn Wood, Contract Specialist Purchasing Department From: Martha Vergara, Deputy Clerk Minutes and Records Department Re: Contract #10 -5551 "Tourism Agreement and Amendment #1" Contractor: Friends of Rookery Bay Attached one original of the contract and Amendment, referenced above (Item #16F4) approved by the Board of County Commissioners on September 14, 2010. The original has been kept by the Minutes and Records Department to be kept as part of the Boards Official Records. If you should have any questions please contact me at 252 -7240. Thank you. mom ITEM NO.: 11 — wc_ Dnq FILE NO.: Purchasing Department vl�2 N Y11 3301 Tamiami Trail East Naples, Florida 34112 0 Telephone: (239) 252 -2667 f .� FAX: (239) 252 -6593 l Email: lynwood @colliergov.nel�j - - www.colliergov.net — DATE RECEIVED: ROUTED TO: DO NOT WRITE ABOVE THIS LINE Request for Legal Services Date: January 10, 2011 5(Z:� To: Jeff Klatzkow _ County Attorney From: Lyn M. Wood, C.P.M. Contract Specialist Re: 10 -5551 2011 Tourism Agreements and Amendment #1 Contractor: Friends of Rookery Bay BACKGROUND OF REQUEST: This contract was approved by the BCC on 9/14110; agenda item 16F4. This item has not been previously submitted. ACTION REQUESTED: Contract and amendment review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me at the telephone number or email address above. Purchasing would appreciate notification when the documents exit your office. G /Acquisitions /AgentFormsa nd Letters /RiskMgmtReviewofl ns u ra nce4/15/2010/16/09 S Request for Legal Services Date: January 10, 2011 5(Z:� To: Jeff Klatzkow _ County Attorney From: Lyn M. Wood, C.P.M. Contract Specialist Re: 10 -5551 2011 Tourism Agreements and Amendment #1 Contractor: Friends of Rookery Bay BACKGROUND OF REQUEST: This contract was approved by the BCC on 9/14110; agenda item 16F4. This item has not been previously submitted. ACTION REQUESTED: Contract and amendment review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me at the telephone number or email address above. Purchasing would appreciate notification when the documents exit your office. G /Acquisitions /AgentFormsa nd Letters /RiskMgmtReviewofl ns u ra nce4/15/2010/16/09 I jl www.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return To List Events No Name History Detail by Entity Name Florida Non Profit Corporation FRIENDS OF ROOKERY BAY, INC. / Filina Information Document Number N23785 FEI /EIN Number 650094703 Date Filed 12/08/1987 State FL ✓// Status ACTIVE Last Event AMENDMENT Event Date Filed 05/09/199.0 Event Effective Date NONE Principal Address 300 TOWER RD NAPLES FL 34113 US Changed 02/24/1998 Mailing Address 300 TOWER RD NAPLES FL 34113 US Changed 02/24/1998 Registered Agent Name & Address COOPER, AMY 4099 TAMIAMI TRAIL NORTH SUITE 200 NAPLES FL 34103 US Name Changed: 11/30/2009 Address Changed: 11/30/2009 Officer /Director Detail Name & Address Title SD DAVEY, ROBERT E 1100 FIFTH AVENUE SOUTH, STE. 201 NAPLES FL 34102 Title PD ROBERTSON, BRUCE 672 KENDALL DR Document Searches 16r Pe of 2 1+ Forms Help Entity Name Search Submit http://www.sunbiz.org/scripts/cordet.exe?action--DETFIL&inq_doc number=N23785&in... 1/10/2011 www.sunbiz.org - Department of State MARCO ISLAND FL 34145 Title TD LEE, HAROLD P PO BOX 445 MARCO ISLAND FL 34146 Annual Reports Report Year Filed Date 2008 04/30/2008 2009 04/10/2009 2010 04/01/2010 Document Images 04/01/2010 --ANNUAL REPORT View image in PDF format 11/30/2009 -- Rea. Agent Change "View image its PDF format 04/10/2009 --ANNUAL REPORT Vi#W imaige in PDF format ' 04/30/2008 -- ANNUAL REPORT 05/03/2007 -- ANNUAL REPORT 02/03/2006 -- ANNUAL REPORT Vii~w image in PDFJbrmat ";' l 04/29/2005 -- ANNUAL REPORT .: View ima4e"in PDF format,":: 02/06/2004 -- ANNUAL REPORT "View image "in PDF "format;: 06/27/2003 --ANNUAL REPORT 04/24/2002 -- ANNUAL REPORT " "View image in PDF format 04130/2001 -- ANNUAL REPORT Vlew.riiae in PDF format I 01/24 /2000 -- ANNUAL REPORT Vaewnt.irnageirtPDFformat, 01/21/1999 -- ANNUAL REPORT 02/24/1998 -- ANNUAL REPORT 08/04/1997 -- ANNUAL REPORT 08/16/1996 --ANNUAL REPORT View image in PDF format I 05/30/1995 --ANNUAL REPORT .. View image in PDF format Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List Events No Name History Home I Contact us I Document Searches I E- Filinq Services I Forms I Help Copyriqht© and Privacy Policies State of Florida, Department of State � 2 sb t 4 Entity Name Search Submit http://www.sunbiz.org/scripts/cordet.exe?action--DETFIL&inq_doc number--N23785&in... 1/10/2011 16F4 MausenGeorgina From: CarterRaymond Sent: Tuesday, January 11, 2011 9:38 AM To: WoodLyn Cc: MausenGeorgina; HerreraSandra Subject: Contract 10 -5551 Tourism Agreements: Friends of Rookery Bay Lyn, Risk has reviewed the Tourism Agreement with Friends of Rookery Bay and has waived the insurance requirements. The agreement will now be forwarded to the county attorney's office for their review. Thank you, Ray O"Ot'a Manager Risk Finance Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Office 239 - 252 -8839 Mobile 239 - 821 -9370 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. �r r Memorandum 16F4 Purchasing Department 3301 Tamiami Trail East Naples, Florida 34112 Telephone: (239) 252 -2667 FAX: (239) 252-6593 Email: lynwood acolliergov.net wwwcolliergov.net/purchasing Subject: Solicitation # 10 -5551 2011 Tourism Agreements Date: January 10, 2011 From: Lyn M. Wood, C.P.M. DATE RECEIVED Contract Specialist ,IAN 1 12011 To: Ray Carter Mpj#GEMENT Risk Management This Contract was approved by the BCC on September 14, 2010, agenda item 16F4. The County is in the process of executing this contract with Friends of Rookery Bay. You have waived insurance requirements associated with TDC Grant Agreements pursuant to you _email of September 28, 2010, a copy of which is attached. Copies of Amendment #1 removing the insurance requirements are attached to each contract. If you have any questions, please contact me at the above referenced information. Insur pro a By: Risk nagement Signature Date (Please route to County Attorney via attached Request for Legal Services) G /Acquisitions /AgentFormsand Letters /RiskMgmtReviewofl nsu ra nce4/15/2010/16/09 16F4 LynWood From: RaymondCarter Sent: Tuesday, September 28, 2010 1:29 PM To: LynWood Subject: TDC Grant Agreements Lyn, as discussed earlier today, I have no issue with waiving insurance requirements associated with TDC Grant agreements. Ray tal �a Manager Risk Finance Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Office 239 - 252 -8839 Mobile 239 -821 -9370 Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 16F 2011 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND FRIENDS OF ROOKERY BAY, INC. THIS AGREEMENT is made and entered into this 1st day of October, 2010, by and between the Friends of Rookery Bay, Inc. a Florida not - for - profit corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY ". WHEREAS, the COUNTY has adopted a Tourist Development 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, website enhancement and related expenditures; and WHEREAS, the Board of County Commissioners has made a finding that GRANTEE qualifies as a museum; and WHEREAS, The Collier County Board of County Commissioners has approved the funding request of the GRANTEE and the Chairman was authorized to execute the Tourism Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: (a) In accordance with the authorized expenditures as set forth in the Budget, attached hereto as Exhibit "F ", the GRANTEE shall expend the funds for the promotion of GRANTEE'S marketing (hereinafter "the Project "), to include: 16F4 (i) Advertising and promotional expenses in media outside of Collier County to increase the number of overnight visitors to Collier County. 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Fifty Thousand Dollars ($50,000). GRANTEE shall be paid in accordance with the fiscal procedures of the County for the expenditures incurred as described in Paragraph One (1) herein upon submittal of a Request for Funds on the form attached hereto as Exhibit "D" and made a part hereof, and shall submit vendor invoices and copies of cancelled checks or other evidence of payment to the Executive Director of the Naples, Marco, Everglades Convention and Visitors Bureau ( "CVB "), or his designee, for review and upon verification by letter from the GRANTEE that the services or work performed as described in the invoice have been completed or that the goods have been received and that all vendors have been paid. (b) The Executive Director of the CVB, or his designee, shall determine that the invoice payments are authorized and that the goods or services covered by such invoice[s] have been provided or performed in accordance with such authorization. The budget attached as Exhibit "F" shall constitute authorization for the expenditure[s] described in the invoice[s]. (c) All expenditures shall be made in conformity with this Agreement. (d) The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre- audits all payment invoices in accordance with law. (e) GRANTEE shall be paid for its actual costs, not to exceed the maximum amount budgeted pursuant to the attached "Exhibit F" (fj All requests for reimbursement must be received by September 30, 2011 to be eligible for payment. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in Paragraph One (1) will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2010 and September 30, 2011. 16f4 (c) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY's written request to repay said funds. (d) COUNTY may request repayment of funds for a period of up to three (3) years after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming the Collier County Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY — Statutory (c) The Certificate of Insurance must be delivered to the Executive Director of the CVB or his designee with copies of the Agreement executed by GRANTEE. The GRANTEE shall not commence promotional or advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY and the Agreement is fully executed. 5. REPORTING REQUIREMENTS: (a) GRANTEE shall provide to County a preliminary status report on the form attached hereto as Exhibit "A" within thirty (30) days of the effective date of the agreement. (b) GRANTEE shall provide to County a quarterly interim status report on the form attached hereto as Exhibit `B ". 16F (c) GRANTEE shall provide to County a final status report on the form attached hereto as Exhibit "C" no later than October 15, 2011. (d) Each report shall identify the amount spent, the duties performed, the services provided and the goods delivered since the previous reporting period. (e) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. (f) COUNTY may withhold any interim or final payments for failure of GRANTEE to provide the interim status report or final status report until the County receives the interim status report or final status report or other report acceptable to the Executive Director of the CVB. (g) GRANTEE shall request that visitors to Rookery Bay complete the visitor questionnaire attached to this Agreement as Exhibit "E ". All completed visitor questionnaires shall be maintained in accordance with Section 13 of this Agreement. 6. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph One (1). (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. (c) GRANTEE agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION: GRANTEE shall indemnify and hold harmless Collier County, its agents, officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the GRANTEE or anyone employed or utilized by the GRANTEE in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. 8. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Bruce Robertson, Board President Friends of Rookery Bay 300 Tower Road Naples, Florida 34113 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: Jack Wert, Executive Director Naples, Marco Island, Everglades CVB 2800 N. Horseshoe Drive Naples, Florida 34104 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE, or its vendors or subcontractors, as an agent or employee of the COUNTY. 10. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this Agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. 11. TERMINATION: (a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination specifying the effective date of termination. (b) If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the termination so long as such expenses are eligible. 12. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records. All revenue related to the Agreement must be recorded, and all expenditures must be incurred within the term of this Agreement. 13. AVAILABILITY OF FUNDS: This agreement is subject to the availability of Tourist Development Tax revenues. If for any reason tourist tax funds are not available to fund all or part of this agreement, the COUNTY may upon written notice , at any time during the term of this agreement, and at its sole discretion, reduce or eliminate funding under this agreement. 14. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement for a period of three (3) years. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any transactions related to this Agreement. 15. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, , or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 16. TERM: This Agreement shall become effective on October 1, 2010 and shall remain effective for one year until September 30, 2011. If the project is not completed within the term of this agreement, all unreleased funds shall be retained by the COUNTY. Any extension of this agreement beyond the one (1) year term in order to complete the Project must be at the express consent of the Collier County Board of County Commissioners. 17. The GRANTEE must request any extension of this term in writing at least sixty (60) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional 90 days. 18. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Executive Director of the CVB or his designee, along with a final budget analysis by October 15, 2011. 19. REOUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County and the Tourist Development Council as a source of funds and display the CVB logo and website address to qualify for reimbursement. 20. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. 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. AT EST DWIC T E..BRQ •Clerk Approved as to form and ufficien pp��� J�•c•n.� 'mil it County Attorney A-VITNESSES: 1) - GL. rr- Printed/Typed Name (2) 940 �' r cuw Printe yped Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: lu& Ui . 6'j, — FRED W. COYLE, ChairmatO GRANTEE: FRIENDS OF ROOKERY BAY, INC. Truce 20 6_r Bari Printed/Typed Name p(as't"&I t Printed/Typed Title lbf 4 EXHIBIT "A" Collier County Tourist Development Council Preliminary Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: On an attached sheet answer the followina questions and attach it to your analication 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. 16F 4 -- - 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 following questions to jdent* the status of the project Submit this report 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? 1 EXHIBIT "C" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: Final Status Report TITLE: 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 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? EXHIBIT "D" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE ( ) REQUEST PERIOD FROM TO REQUEST # ( ) INTERIM REPORT ( ) FINAL REPORT TOTAL CONTRACT AMOUNT $ EXPENSE BUDGET TOTALS REIMBURSEMENT REQUESTED NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Copies of paid invoices, cancelled checks, tear sheets, printed samples or other backup information to substantiate payment must accompany request for funds. The following will not be accepted for payments: statements in place of invoices; checks or invoices not dated; tear sheets without date, company or organizations name. A tear sheet is required for each ad for each day or month of publication. A proof of an ad will not be accepted. Each additional request for payment subsequent to the first request, Grantee is required to submit verification in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. If project budget has specific categories with set dollar limits, the Grantee is required to include a spreadsheet to show which category each invoice is being paid from and total of category before payment can be made to Grantee. Organizations receiving funding should take into consideration that it will take a maximum of 45 days for the County to process a check. Furnishing false Information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on our official accounting system and records, consistently applied and maintained and that the cost shown have been made for the purpose of and in accordance with, the terms of the contract. The funds requested are for reimbursement of actual cost made during this time period. SIGNATURE TITLE EXHIBIT "E" Naples Marcolsland Everglades PAp'°"' COAST VISITOR QUESTIONNAIRE Welcome to the Paradise Coast "'. Thank you for choosing this area for your visit. Please take a few minutes to complete the following questions so that we can better serve the needs of future visitors to Florida's Last Paradise sm. PLEASE REFER TO OUR PARADISE COAST BROCHURES FOR THE LOCATION OF ALL AREA ATTRACTIONS. NAME: ADDRESS: CITY ST ZIP DATE OF ARRIVAL: DATE OF DEPARTURE: WHERE ARE YOU HOTEL /RESORT FRIENDS /FAMILY CONDOMINIUM STAYING? NAME OF HOTEL AND CITY /AREA: NAME OF CONDOMINIUM/TIMESHARE: # OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY = HOW DID YOU SELECT THE HOTEL/CONDOMINIUM? INTERNET ( ) YOUR CHOICE ( ) TRAVEL AGENT ( ) OTHER: NUMBER OF MEALS YOU & YOUR GROUP WILL EAT OUT: Number of people in your party = Number of days of your visit = Number of meals eaten out each day = PLANNED AREA ACTIVITIES: (Please circle all that apply) ARTS & CULTURE WATER SPORTS NATURE FAMILY ATTRACTIONS von Liebig Art Center Beaches Everglades Tour Naples Zoo Naples Museum of Art Naples Pier County Parks Naples Botanical Garden Sugden Theatre Shelling National Park Fun 'n Sun Water Park Naples Philharmonic Fishing State Parks Swamp Buggy Race Art Galleries Boating Corkscrew Swamp Mini Golf Other Kayaking Conservancy of SW FL King Richard's Fun Park Other Lake Trafford Other Other SHOPPING AND DINING SIGHTSEEING RELAXATION & Fifth Avenue South Lunch /Dinner Cruise/ ENTERTAINMENT Third Street South Sunset Cruise Golf Waterside Shops City Trolley Tour Spa Venetian Bay Everglades Tour Shelling Bayfront Segway Tour Tin City Dolphin Cruise Seminole Casino Prime Outlets Other Lounges & Clubs usic music Other M 0 Wei EXHIBIT' F" Friends of Rookery Bay Project Budget PROJECT EXPENSES. Intended Utilization of Tourist Tax Funds Provide an itemized summary indicating the intended use of TDC funds. Please be as explicit as Possible, including intended ublicat s romotional materials etc. and how much move will be expended for each category Use additional sheets if necessary. Video/PSA production and distribution 320,000 Website enhancement project $15,000 Out -of- county print, online and broadcast major event ads $10,000 (including hotel package promotions) Naples, Marco Island and the Everglades Visitor Guide $2,000 Batfish Costume (Quote from Leyenda Productions) $1,500 Constant Contact e- communications service annual fee $500 Greater Naples Chamber of Commerce map listing $500 VisitFlorida Small Business Partner membership $500 Total Tourism Funds Utilized $50,000 16F4 EXHIBIT A -1 Contract Amendment #1 112011 Tourism Agreement Between Collier County and Friends of Rookery Bay, Inc." This amendment, dated , 201 to the referenced agreement shall be by and between the parties to the origina greement, iends of Bay, Inc. (to be referred to as "GRANTEE ") and Collier County, Florida, (to be referred to as "COUNTY "). Statement of Understanding RE: Contract # 10 -5551 - "2011 Tourism Agreement Between Collier County and Friends of Rookery Bay, Inc." In order to continue the services provided for in the original Contract document referenced above, the GRANTEE agrees to amend the above referenced Contract by deleting in its entirety Section 4, INSURANCE. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the GRANTEE and the COUNTY have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. Accepted: , 2011 GRANTEE: COUNTY: Friends of Rookery Bay, Inc. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA B By:���� Jack Wert, Department Director _Bruce Robertson, President Type Name of Signatory A7;EN7 CONTRACT SPECIALIST "_/A By'I Lyn ood PURCHASING DEPARTMENT BY: (:7`G"_ Ste en Y. Carnell