Agenda 07/28/2009 Item #16F12No. 16F12
Jluly 28, 2009
Page 1 of 13
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves a Tourist
Development Tax Category "B" Grant Application for a Mexican Independence
Day Celebration Event in the amount of $14,112 and authorizes the Chairman to
sign said agreement
OBJECTIVE: Approve agreement between Collier County and the Redlands Christian
Migrant Association for marketing support of the Mexican Independence Day
Celebration in Immokalee September 18 -20, 2009.
CONSIDERATIONS: The Redlands Christian Migrant Association has applied for an
out -of -cycle TDC Category B Grant in support of a Mexican Independence Day event
September 18 -20, 2009. This would be funded and paid out of the FY 09 tourism
department marketing budget.
This event is committed to expand awareness of the many positive facets of Immokalee
such as cultural diversity, access to ethnic foods, and commitment to family. The event
plans to draw people from as far away as Miami. Some of the performers are from
Homestead and Miami and the Miami Herald will be utilized 1'or advertisement. In
addition to the Miami Herald, the committee plans to use Beasley Broadcasting, Glades
Media Radio Group, Comcast, WGCU Public Media, News- Press, Independent
Newspapers of Florida, and Vista Semanal, all of which are out of county media.
This event will be the beginning of many that will bring a more positive light to the town
of Immokalee.
ADVISORY BOARD RECOMMENDATION: The Tourist Development Council
(TDC) reviewed this grant application at their June 22, 2009 meeting and unanimously
recoinmended approval (8 -0).
COUNTY ATTORNEY FINDING: This item has been reviewed by the County
Attorneys Office, requires majority vote. and is legally sufficient for Board action. —
CMG
FISCAL IMPACT: $14.112 is available in the FY 09 Tourism. Department promotion
budget in Fund 184.
GROWTH MANAGEMENT IMPACT: There is no impact on growth management.
RECOMMENDATION: That the Board of County Commissioners approves a TOLll'ist
Development Tax Category "B" Grant Application for a Mexican Independence Day
Celebration Event in the amount of $14,112 and authorizes the Chairman to sign said
agreement.
SUBMITTED BY: Jack Wert. Tourism Director
Page I of I
a m 16F, 2
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Fla-
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COLLIER COUNTY
-a-CARD CF COUNTY CC)MPAiSSIONEFIS
Item Number: 116F12
Item Summary: Recommendation that the Board of County Commissioners approves a Tourist Development
Tax Category B Grant Application for a Mexican Independence Day Celebration Event in the
amount of $4,112 and authorizes the Chairman to sign said agreement.
Meeting Date: -1,128,2009 9:00:70 AM
Prepared By
.lack VVe r I
Tourism Director
Date
County Manager's, Office
Tourism
7114/2009 12:05:38 PM
Approved By
Lyn Wood
Purchasing Agent
Date
Administrative Services
Purchasing
7/1412009 12:10 PM
Approved By
Steve Carnell
PurchasinglGeneial Svcs Director
Date
Administrative Services
Purchasing
711-5,12009 9:39 AM
Approved By
jack Wert
Tourism Director
Date
..unity IN' a i -, a g a, 's 0 f1l; a
our ism
'7115,'2009 10:52 AM
Approved By
Colleen Greene
Assistant County Atorner
Date
County Attorney
--our'y t%norncv Offir--e
7115120'-19 14 :60 ANPI
Approved By
Jeff K,;a'zkow
County Attorney
Date
C'Ounty Attorney
C,)unty I-Atorr-f-'y office
7/15i2K? 7:05 AM
Approved By
al%F.E3 Coordinator
01413 Coordinator
Date
County Manager's 0ffi:;e
of W'armcqcrnent 3 Slu6gut
//4 '12339 1:47 PM
Approved By
[iark 17,a,-kscn Bid-,et Analyst cite
'aunty ofi--E e t ic,a or & eudc'e- 7/1 7!20C,9 4:31 PiA
Approved By
Leo E. Ochs, Jr. Deputy County Manager Date
card of Count,,, County M2;- r
,a-e's 7,-k 7 a.5 )C 5 :06 Pro
Corrm-4;—ioners. V
file:///C:\A LeiidaTest\Fxnort\ 13' ) -.1u1v%2029.o/o202009',1 I 6.%20C0NSFNT0/(,20A(, FNDA\ 1— 7/220009
o -12
2009 TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND REDLANDS CHRISTIAN MIGRANT ASSOCIATION
CA'T'EGORY "B" GRANT FUNDS AGREEMENT
THIS AGREEMENT is made and entered into this day of , 2009, by
and between the Redlands Christian Migrant Association (RCMA), a Florida not -for- profit
corporation ( "GRANTEE ") and Collier County, a political subdivision of the State of Florida
( "GRANTOR" or "COUNTY ")
WHEREAS, the COUNTY has adopted a Tourist Development Plan ( "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 for the promotion of tourism in Collier County nationally
and internationally and for the promotion and advertising of events and activities intended to
brim tourists to Collier Cow-ity; and
WHEREAS, GRANTEE has applied to the Tourist Development Council and the County
to use Tourist Development Tax funds for the development of a website and the out -of- county
marketing and advertisement of the Immokalee Mexican Independence Day Celebration; and
WHEREAS the Tourist Develonrot -nt Council has recommended fLndi -g th:s request
with Tourist Development Tax proceeds; and
WHEREAS, the Collier County Board of County Commissioners has approved funding
and the Chairman was authorized to execute the Tourism Agreement.
NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES
PROVIDED HEREIN, AND OTHER VALU:'13LE CONSIDERATION, IT IS MUTUALLY
AGREED AS FOLLOWS:
1. SCOPE OF WORK:
(a) In accordance with the authorized expenditures as set forth in the Budget, attached
hereto as Exhibit "A ", GRANTEE shall expend the funds to produce a website and out -of- county
marketing and advertisement of the L-nmokalee Mexican Independence Day Celebration.
2. PAYMENT:
(a) The amount to be paid under this Agreement shall be a total of fourteen thousand
one hundred and twelve dollars (Si4,l 12-00), GRANTEE shall he paid in accordance with fiscal
proc-edurec of Olo- (-011nty fnr I ha �r r�Pnr� tiirac inriwrre� �� dpc ril�p ; in PWram ar,h (lne / 1 \ herein
upon submittal of a request for funds on the form attached hereto as Exhibit "D" and made a part
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hereof, and shall submit invoices and proof of payment in the form of cancelled checks or other
documentation to the Executive Director of Naples, Marco Island, Everglades Convention &
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 "A" shall constitute authorization for the expenditure[s] described in the
invoicels].
(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 A ".
3. ELIGIBLE EXPENDITURES:
(a) Only eligible expenditures described in Paragraph One (1) will be paid by
COUNTY.
(b) COUNTY agrees to pay eligible expenditures incurred between the effective date
and December 31, 2409_
(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, and its
Board of County Commissioners and the Tourist Development Council as additional insureds_
RAI
(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 5300,000 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 within ten (10) days of the approval of this Agreement by the COUNTY,
The GRANTEE shall not commence activities hereunder which are to be furided 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 quarterly Interim Status Report on the form
attached hereto as Exhibit `B "_
(b) GRANTEE shall provide to County a Final Status Report on the form attached
hereto as Exhibit "C" no later than ?ece "11 '" 009_
mVer J , L` \
(c) The report shah identify the amount spent, the duties performed, the services
provided and the goods delivered since the previous reporting period_
(d) GRANTEE shall take reasonable measures to assure the continued satisfactory
performance of all vendors and subcontractors.
(e) COUNTY may withhold any interim or final payments for failure of GRANTEE
to provide the interim status report or final status report until the County receives the interim
status report or final status report or other report acceptable to the Executive Director of the
CVB.
6. CHOICE OF VENDORS AND FAIR DEALING:
(a) GRANTEE may select vendors or subcontractors to provide services as described
in Paragraph One (1).
(b) COUNTY shall not be responsible for paying vendors and shall not be involved in
the selection of subcontractors or vendors.
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(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. INDEMNIIFICATION:
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 otherv✓ise maybe
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:
Barbara Mainster
Executive Director
402 West Main Street
Immokalee, FL 34142
239.658.3560
Fax: 239.658.3571
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
Tlie Gp A TAT . -- unu t;:e COL : i Y it ".Y' change tl; aU v l i7iaiiiiig addre55 at any tlliic
upon giving the other party written notification pursuant to this Section.
Ell
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 oblijations incurred by GRANTEE, with
subcontractors and vendors, up to the effective date of the termination so long as such expenses are
eligible.
1 (;Ft,,rERAL ACCOUNT 1 ING: GPL NTEE ;s re uircd to maintain complete and
accurate accounting records. All revenue related to the Agreement must be recorded, and all
expenditures must be jncu.r:-ed within the terra of this Agree rent.
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 invoMna any transactions related to tiffs
Agreement.
14. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or
transfer in whole or in part its interest iii this Agreement without the prior written consent of the
COUNTY.
15. TERM: This Agreement shall become effective on the latest date signed and shall
remain effective until December 31, 2009. If the project is not completed within the term of this
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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 December 31, 2009.
18. REQUIRED NOTATION: All promotional literature and media advertising must
prominently list and/or identify the Collier County Tourist Development Council and the
Convention and Visitors Bureau (CVB) as event sponsors.
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. BROCK, Clerk
Approved as to form and
tea] sufficiency
Colleen M. Greene
Assistant County Attorney
130ARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
X
DONNA FIALA, Chairman
6 F 12
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WITNESSES:
(1)
Printed/Typed Name
(2)
GRANTEE:
REDLANDS CHRISTIAN MIGRANT
ASSOCL,kTION
m
I lln+N�lyp�u IN04m,
Printed/Typed Name Printed/Ty
. ped Title
EXHIBIT "A"
Redlands Christian Migrant Association
Project Budget
Funding (Not to Exceed) $14,112.00
Out of County
11 ,312.00
Advertising and Marketing
Website Design and
2,800.00
Implementation
Total
$14,112.00
{ P
Iv
P.'XHIBI l "B"
Collier County Tourist Development Council
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
ADDRESS:
PHONE:
Interim Status Report
TITLE:
FAX:
On an attached sheet, answer the following questions to identify the status of the
project, Submit this report at least quarterly.
INTERIM — These questions will identify the current status of the project. After the TDC
staff reviews this Interim Status Report, if they feel you are behind schedule on the
planning stages, they will make recommendations to help get the project stay on schedule.
Has the planning of this project started?
At 'what point aare you at 'YJiii i the pia nning stage for this pr Gject?
(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?
E
r aae 12 of
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?
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EXHIBIT "D"
REQUEST FOR FUNDS
COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL
EVENT NAME
ORGANIZATION
ADDRESS
CONTACT PERSON TELEPHONE ( )
REQUEST PERIOD FROM TO
REQUEST#
( ) INTERIM REPORT ( ) FINAL REPORT
TOTAL CONTRACT AMOUNT $
EXPENSE BUDGET REIMBURSEMENT REQUESTED
TOTALS
NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in
your application. Copies of paid invoices, cancelled checks, tear sheets, printed samples or other
backup information to substantiate payment must accompany request for funds. The following
will not be accepted for payments: statements in place of invoices; checks or invoices not dated;
tear sheets without date, company or organizations name. A tear sheet is required for each ad for
each day or month of publication. A proof of an ad will not be accepted.
Each additional request for payment subsequent to the first request, Grantee is required to submit
verification in writing that all subcontractors and vendors have been paid for work and materials
previously performed or received prior to receipt of any further payments.
If project budget has specific categories with set dollar limits, the Grantee is required to include a
spreadsheet to show which category each invoice is being paid from and total of category before
payment can be made to Grantee. Organizations receiving funding should take into consideration
that it will take a maximum of 45 days for the County to process a check.
Furnishing false information may constitute a violation of applicable State and Federal laws.
CERTIFICATION OF FINANCIAL OFFICER; I certify that the above information is correct based on
our official accounting system and records, consistently applied and maintained and that the cost
shown have been made for the purpose of and in accordance with, the terms of the contract. The
funds requested are for reimbursement of actual cost made during this time period.
SIGNATURE TITLE
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