Backup Documents 12/14/2010 Item #16F 3MEMORANDUM 16F3
Date: December 28, 2010
To: Lyn Wood, Contract Specialist
Purchasing Department
From: Teresa Polaski, Deputy Clerk
Minutes and Records Department
Re: Contract #09 -5321 `2010 Tourism Agreement between
Collier County and the Marco Island Historical Society"
Amendment #1
Attached one original contract, referenced above (Item #16F3) approved
by the Board of County Commissioners on December 14, 2010.
An 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.
mom
ITEM NO.: r r — J l!� DATE RECEIVED
FILE NO.:
16F 3 - t
Purchasing Department
3327 Tamiami Trail East
Naples, Florida 341122BII Lr,,t 17 AM 11: 48
Telephone: (239) 252 -2667 l
FAX: (239) 252-6593
Email: lynwood @colliergov.net d t �1 L
www.colliergov.ne
1" .,Y'7.
ROUTED TO: ��,`� l2� 22
DO NOT WRITE ABOVE THIS LINE
Request for Legal Services
Date: December 16, 2010
To: Jeff Klatzkow
County Attorney
From: Lyn M Wood �.
Contract Specialist
Re: 09 -5321 – 2010 Tourism Agreement between Collier county and the Marco Island
Historical Society – Amendment 1
Contractor: Marco Island Historical Society
BACKGROUND OF REQUEST:
This amendment was approved by the BCC on December 14, 2010, agenda item 16F3
This item has not been previously submitted.
ACTION REQUESTED:
Amendment review and approval.
OTHER COMMENTS:
J
(� �x
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.
/Ij
G/ Acquisitions/ TechFormsandLetters /MemotoRequestLegalServices
Revised: 4/16!/10
16F3
EXHIBIT A -1 Contract Amendment 1
"2010 Tourism Agreement Between Collier County and the Marco Island Historical Society, Inc."
This amendment, dated 2010 to the referenced agreement shall be by and
between the parties to the original Agreement, Marco Island Historical Society, Inc. (to be referred to as
"Grantee ") and Collier County, Florida, (to be referred to as "Owner ").
Statement of Understanding
RE: Contract # 09 -5321 - "2010 Tourism Agreement Between Collier County and the Marco Island
Historical Society, Inc."
In order to continue the services provided for in the original Contract document referenced above, the
Grantee agrees to amend the above referenced Contract as per the Supplemental Authorization Exhibit
"A1 -A" attached to this Amendment and incorporated herein by reference.
Approval of this Amendment will extend the Agreement for one (1) additional year beyond the date
specified in Paragraph 15, Term.
All other terms and conditions of the agreement shall remain in force.
IN WITNESS WHEREOF, the Contractor 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: 2010
GRANTEE:
Marco Island Historical Society, Inc.
--ice
(4r
IS s
ATT
D' 1, E,,' ..F3r ck (C
Approved as to form and
L,e T S f1Cle1 Cy'
ant County Attorney
OWNER:
BOARD OF COUNTY
COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Jack Wert, Project Manager
CONTRACT SPECiALiST
By
Lyn M. ood
OWNER:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: "Iu� bi.
Chairman
16F
genda Item No. 16F3
December 14, 2010
Page 4 of 16
EXHIBIT A
2010 TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND THE MARCO ISLAND HISTORICAL SOCIETY, INC.
THIS AGREEMENT is made and entered into this 29th day of September, 2009, by and between
the Marco Island Historical Society, Inc. a Florida not - for - profit corporation, hereinafter referred to as
"GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as
"COUNTY ".
WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as
"Plan") funded by proceeds from the Tourist Development Tax; and
WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development
Tax are to be allocated to 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
ITourist Development Tax funds te-for eenetFuet design and management services with regard to displays
and exhibits for the Museum; and
WHEREAS, the Tourist Development Council has recommended the funding for the design and
management services with regard to and eenstF ,.a displa sy and exhibits for the museum which will
be open for the community to use for local programs; 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 design and management
09 -5321
Marco Island Historical Society, Inc.
'A§nfitlo. 16F3
December 14, 2010
Page 5 of 16
services with regard to and eenstfaegen e displays and exhibits (hereinafter "the Project "), to
be housed in the Museum complex.
2. PAYMENT:
(a) The maximum 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 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 line item budget
attached as Exhibit "F" shall constitute authorization for the expenditure[s] described in the
invoice[s].
(c) All expenditures shall be made in conformity with this Agreement.
(d) The COUNTY shall not pay GRANTEE until the Clerk of the Board of County
Commissioners pre- audits all payment invoices in accordance with law.
(e) GRANTEE shall be paid for its actual costs, not to exceed the total amount for
any line item nor the maximum amount budgeted pursuant to the attached "Exhibit F ". The
amounts applicable to the various line items of Exhibit "F ", subject to the maximum total
amount, may be increased or decreased by up to ten percent (10 %) at the discretion of
GRANTEE. Adjustment in excess of ten percent (10 %) of any line item may be authorized by
the County Manager or his designee.
(f) All requests for reimbursement must be received prior to September 30, 2010 to be
eligible for payment.
09 -5321 2
Marco Island Historical Society, Inc.
Agenda Item Oo. F6F3 9
December 14, 2010
Page 6 of 16
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, 2009
and September 30, 2010.
(c) Any expenditures paid by COUNTY which are later deemed to be ineligible
expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY's written request
to repay said funds.
(d) COUNTY may request repayment of funds for a period of up to three (3) years
after termination of this Agreement or any extension or renewal thereof.
4. INSURANCE:
(a) GRANTEE shall submit a Certificate of Insurance naming Collier County Board
of County Commissioners and the Tourist Development Council as additional insureds.
(b) The certificate of insurance must be valid for the duration of this Agreement, and
be issued by a company licensed in the State of Florida, and provide General Liability Insurance
for no less than the following amounts:
BODILY INJURY LIABILITY $300,000 each claim per person
PROPERTY DAMAGE LIABILITY $300,000 each claim per person
PERSONAL INJURY LIABILITY $300,000 each claim per person
WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY — Statutory
(c) The Certificate of Insurance must be delivered to the Executive Director of the
CVB, or his designee, with the executed Agreement. The GRANTEE shall not commence
promotional or advertising activities which are to be funded pursuant to this Agreement until the
Certificate of Insurance has been received by the COUNTY and the Agreement is fully executed.
5. REPORTING REQUIREMENTS:
(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 ".
09 -5321 3
Marco Island Historical Society, Inc.
Agenda Itemlo.0
December 14, 2010
Page 7 of 16
(c) GRANTEE shall provide to County a final status report on the form attached
hereto as Exhibit "C" no later than October 31, 2010.
(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 Marco Island Historical Society, Inc.
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
09 -5321 4
Marco Island Historical Society, Inc.
16F3
Agenda itsm No. '16F3
December 14, 2010
Page 8 of 16
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:
Darcie Guerin, President
Marco Island Historical Society, Inc.
168 Royal Palm Drive
Marco Island, FL 34145
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, FL 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.
09 -5321 5
Marco Island Historical Society, Inc.
16F�Agenda Item No. 16
December 14, 2010
Page 9 of 16
(b) If the COUNTY terminates this Agreement, the COUNTY will pay the
GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with
subcontractors and vendors, up to the effective date of the termination so long as such expenses are
eligible.
12. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and
accurate accounting records. All revenue related to the Agreement must be recorded, and all
expenditures must be incurred within the term of this Agreement.
13. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books,
documents, papers and financial information pertaining to work performed under this Agreement for a
period of three (3) years. GRANTEE agrees that the COUNTY, or any of its duly authorized
representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have
access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of
GRANTEE involving any transactions related to this Agreement.
14. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in
whole or in part its interest in this Agreement without the prior written consent of the COUNTY.
15. TERM: This Agreement shall become effective on October 1, 2009 and shall remain
effective for one year until September 30, 2010. 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.
16. The GRANTEE must request any extension of this term in writing at least sixty (60)
days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this
Agreement to extend the term for an additional one (1) year.
17. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the
tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written
report to the Executive Director of the CVB or his designee, along with a final budget analysis by
October 31, 2010.
09 -5321 6
Marco Island Historical Society, Inc.
Age faf"o. F3
. December 12010
Page 10 of 16
18. REQUIRED NOTATION: All promotional literature and media advertising must
prominently list Collier County and the Tourist Development Council as a source of funding and
display the CVB Logo with website address to qualify for reimbursement.
19. AMENDMENTS: This Agreement may only be amended by mutual written
agreement of the parties, after review by the Collier County Tourist Development Council if
warranted.
IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
ATTEST:
DWIGHT, E:';$K;. Clerk
Approyi'as to �4+
1 d #e
A
Assistant County Attorney
Sea-rr T "
WI SSES:
Print; Typed Name
(2) Aa�w '
lrbz* be� 6&"'n J1 rW1"' ;1
Printed/Typed Name
09 -5321
Marco Island Historical Society, Inc.
BOARD OF C TY COMMS IONERS
COLLIER C TY, FLORIDA
By:
DONNA FULA, Chairman
GRANTEE:
MARCO ISLAND HISTORICAL SOCIETY, INC.
BY:
Printed/Typed Name
Printed/Typed Title
7
16F
Agenda Item No. 10'F3
December 14, 2010
Page 11 of 16
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 fo/lowing questions and attach it to your
application.
PRELIMINARY INFORMATION:
Is this a first time project? If not, please give details of past projects.
Do you anticipate using area hotels in support of your project?
If so, what are the estimated hotel room nights generated by project?
What is the estimated revenue generated by this project?
What is the estimated number of participants expected to visit the project?
If project planning is in progress, what has been done, what remains to be done, and are
there any problems?
If the project planning has not been started, why?
List any planned out -of- county advertising, marketing, and /or public relations that will be
used in support of the project.
09 -5321 g
Marco Island Historical Society, Inc.
Agenda Item No. "16F
December 14, 2010
Page 12 of 16
EXHIBIT "B"
Collier County Tourist Development Council
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
ADDRESS:
PHONE:
Interim Status Report
TITLE:
M
On an attached sheet answer the following questions to identify the status of the
project. Submit this report at least quarterly.
INTERIM — These questions will identify the current status of the project. After the TDC
staff reviews this Interim Status Report, if they feel you are behind schedule on the
planning stages, they will make recommendations to help get the project stay on schedule.
Has the planning of this project started?
At what point are you at with the planning stage for this project?
(Percent of completion)
Will any hotels /motels be utilized to support this project?
If so, how many hotel room nights will be utilized?
What is the total dollar amount to date of matching contributions?
What is the status of the advertising and promotion for this project?
Have your submitted any advertisements or printed pieces to the TDC staff for approval?
Please supply a sample and indicate the ad schedule.
How has the public interest for this project been up to this point?
09 -5321 g
Marco Island Historical Society, Inc.
16F3
Agenda Item No. 16F3
December 14, 2010
Page 13 of 16
EXHIBIT "C"
Collier County Tourist Development Council
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
ADDRESS:
PHONE:
Final Status Report
TITLE:
FAX:
On an attached sheet,- answer the following questions for each element in your
scope of work.
Final — These questions should be answered for your final status report.
Was this a first time project? If not, how many times has this event taken place?
What hotels /motels were utilized to support the project and how many?
What is the total revenue generated for this event?
Total expenses. (Have all vendors been paid ?)
List the vendors that have been paid, if not, what invoices are still outstanding and why?
What is the number of participants that visited the project?
What is the percentage of the total participants from out of Collier County?
What problems occurred if any during the project event?
List any out -of- county- advertising, marketing, and /or public relations that was used to
support the project and attach samples.
How could the project been improved or expanded?
09 -5321 10
Marco Island Historical Society, Inc.
16f63Agenda Item N
December 14, 2010
Page 14 of 16
EXHIBIT "D"
REQUEST FOR FUNDS
COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL
EVENT NAME
ORGANIZATION
ADDRESS
CONTACT PERSON TELEPHONE ( )
REQUEST PERIOD
REQUEST#
( ) INTERIM REPORT
FROM TO
( ) FINAL REPORT
TOTAL CONTRACT AMOUNT $,
EXPENSE BUDGET REIMBURSEMENT REQUESTED
TOTALS
NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in
your application. Copies of paid invoices, cancelled checks, tear sheets, printed samples or other
backup information to substantiate payment must accompany request for funds. The following
will not be accepted for payments: statements in place of invoices; checks or invoices not dated;
tear sheets without date, company or organizations name. A tear sheet is required for each ad for
each day or month of publication. A proof of an ad will not be accepted.
Each 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
09 -5321 11
Marco Island Historical Society, Inc.
Agent I�f. 1 3
Decem a 14, i10
Page 15 of 16
EXHIBIT "E"
Naples
Marc�isv=
Everglades
PARAOIBE COABT' VISITOR QUESTIONNAIRE
Welcome to the Paradise Coast sm. Thank you for choosing this area for your visit.
Please take a few minutes to complete the following questions so that we can
better serve the needs of future visitors to Florida's Last Paradise sm. PLEASE
REFER TO OUR PARADISE COAST BROCHURES FOR THE LOCATION OF ALL AREA
ATTRACTIONS.
NAME:
ADDRESS: CITY ST ZIP
DATE OF ARRIVAL: DATE OF DEPARTURE:
WHERE ARE YOU HOTEL /RESORT FRIENDS /FAMILY
CONDOMINIUM
STAYING?
NAME OF HOTEL AND CITY /AREA:
NAME OF CONDOMINIU MITI MESHARE:
# 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
King Richard's Fun Park
_ Other FL
Other
Lake Trafford
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
09 -5321 12
Marco Island Historical Society, Inc.
Agenda Itq� �,, 1 3
December 20 10
Page 16 of 16
EXHIBIT "F"
Marco Island Historical Society, Inc.
Project Budget
Fundinq — Not to Exceed
Design and r.9RGtFUGtiGnand management services
of-with regard to displays and exhibits $100,000
Total:
09 -5321 13
Marco Island Historical Society, Inc.
$100,000