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Agenda 09/29/2009 Item #16F 4 Agenda Item No. 16F4 September 29, 2009 Page 1 of 29 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign two grant agreements for FY 10 Tourist Development Tax Category B Grants totaling $49,000. OBJECTIVE: Review and approve two FY 10 Tourist Tax Category B marketing grant agreements as recommended by the Tourist Development Council (TDC). CONSIDERATIONS: Grant Applications were made available on the Collier County tourism website in January and were due March 31,2009. In accordance with the Grant Criteria, the applications were first reviewed by the Tourism Director and then by a panel of five tourism industry representatives on April 21, 2009. The panel included: Lisa Boet, Naples Originals, representing the restaurant industry; Steve Mcintyre, Chairman Collier County IHotel & Lodging Association, representing the hotel industry, Scott Congress, Congress Jewelers, representing the retail and shopping industry; Judy Turner Meyer, Sea Excursions, representing the attractions industry and Elaine Reed, Naples Historical Society, representing the cultural community. Southwest Florida Land Preservation Trust - $25,000: This request is for the Gordon River Greenway project which runs from Golden Gate Parkway south along the Gordon River to just north of the U.S. 41 bridges. This project will create a nature trail in the heart of our destination. The grant application is for assistance with website design and production of printed materials and a press kit. The original request is for $25,000. The Grant Review Committee and the TDC recommends $25,000. United Arts Council of Collier County - $24,000: United Arts Council is again planning to produce a cultural events calendar for 2010. These calendars are produced in 10 editions and are provided to area Visitor Centers, arts organizations, hotel concierge desks and included in area information packets by the Economic Development Council, Chambers of Commerce and hotel sales executives. This printed format is consistently requested by the distribution outlets because it is easy to use and carry around. This event information is also contained on the Council's website www.uaccollier.com. The Council has received funding for this project for the past three years. The original request is for $24,000. The Grant Review Committee and TDC recommend funding in the amount of $24,000. FISCAL IMPACT: Funding for Category B marketing grants in the amount of $49,000 is included in the Fund 184 FY 10 marketing budget. Agenda Item No. 16F4 September 29, 2009 Page 2 of 29 ADVISORY BOARD RECOMMENDATION: The Tourist Development Council (TDC) reviewed these applications at their June 22, 2009 meeting and recommended the above funding for FY 10. COUNTY ATTORNEY FINDING: The grant applications and agreements have been reviewed and approved by the County Attorney's Office. This item is legally sufficient for Board action. - CMG_ RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to sign two grant agreements for FY 10 Tourist Development Tax Category B Grants totaling $49,000. SUBMITTED BY: Jack Wert, Tourism Director Page I of 1 Agenda Item No. 16F4 September 29,2009 Page 3 of 29 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16F4 I Item Summary: Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign two grant agreements for FY 10 Tourist Development Tax Category B Grants totaling $49,000. Meeting Date: 9/29/2009 9:00:00 AM Prepared By Jack Wert Tourism Director Date County Manager's Office Tourism 9/16/2009 3:17:35 PM Approved By Lyn Wood Purchasing Agent Date Administrative Services Purchasing 9/16/20093:58 PM Approved By Jack Wert Tourism Director Date County Manager's Office Tourism 9/16/20094:46 PM Approved By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 9/17/20094:50 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 9/18/2009 6:44 AM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 9/18/200910:38 AM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 9/18/20091:38 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9/21/200910:15 AM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 9/21/20091:16 PM file://C:\Agendatest\export\135-September 29,2009\16. CONSENT AGENDA\16F. COUN... 9/23/2009 Agenda Item No. 16F4 September 29,2009 Page 4 of 29 2010 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND SOUTHWEST FLORIDA LAND PRESERVATION TRUST, INC. THIS AGREEMENT is made and entered into this 29th day of September, 2009, by and between Southwest Fl<?rida Land Preservation Trust, Inc., a Florida not-for-profit corporation, hereinafter referred tods "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY". WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and -- WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated to promote and advertise tourism within the State of Florida, nationally and internationally which encourages tourism; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds for promotion of the Gordon River Greenway including website development and out of County advertising materials; and WHEREAS, the Tourist Development Council has recommended funding for the promotion of the Gordon River Greenway; 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 the Gordon River Greenway (hereinafter "the Project"). .- 09-5321 1 Southwest Florida Land Preservation Trust, Inc. ,~~.,;,.~,.....,-.~_. I Agenda Item No. 16F4 September 29, 2009 Page 5 of 29 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Twenty Five Thousand Dollars ($25,000). GRANTEE shall be paid in accordance with fiscal procedures of the County for the expenditures incurred as described in Paragraph One (I) 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. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in Paragraph One (1) will be paid by COUNTY. 09-5321 2 Southwest Florida Land Preservation Trust, Inc. Agenda Item No. 16F4 September 29, 2009 Page 6 of 29 (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 Deyelopment Council as additional insureds. I (b) The cert~ficate 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". (c) GRANTEE shall provide to County a final status report on the form attached hereto as Exhibit "C" no later than October 31, 2010. --- 09-5321 3 Southwest Florida Land Preservation Trust, Inc. -'.. '""'~"''''-~'''''" . Agenda Item No. 16F4 September 29. 2009 Page 7 of 29 (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. (t) 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 Gordon River Greenway complete the visitor questionnaire attached to this Agreement as Exhibit "E". All completed visitor questionnaires shall be maintained in accordance with Section fT bf 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. 09-5321 4 Southwest Florida Land Preservation Trust, Inc. Agenda Item No. 16F4 September 29, 2009 Page 8 of 29 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: Elinor V. Krier, Executive Director Gordon River Greenway 1100 Fifth Avenue S., Suite 201 Naples, FL 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 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 - 09-5321 5 Southwest Florida Land Preservation Trust, Inc. - ""~~.,"..........,"...."""",,. Agenda Item No. 16F4 September 29, 2009 Page 9 of 29 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 transflctions related to this I 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 tenn for an additional one (1) year. 17. EV ALUA TION OF TOURISM IMP ACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Executive Director of the CVB or his designee, along with a final budget analysis by October 31, 2010. 09-5321 6 Southwest Florida Land Preservation Trust, Inc. Agenda Item No. 16F4 September 29, 2009 Page 10 of 29 18. REOUIRED 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. ATIEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: DONNA FIALA, Chairman Approved as to form and legal sufficiency (~Len Greene Assistant County Attorney WITNESSES: GRANTEE: (1) SOUTHWEST FLORIDA LAND PRESERV A TION TRUST, INC. Printed/Typed Name (2) BY: Printedffyped Name Printed/Typed Name Printed/Typed Title - 09-5321 7 Southwest Florida Land Preservation Trust, Inc. -,,-,~-_._-- Agenda Item No. 16F4 September 29, 2009 Page 11 of 29 EXHIBIT" A" Collier County Tourist Development Council Preliminary Status Report EVENT NAME: REPORT DATE: I ORGANIZATION: CONTACT PERSON: TITLE: .' .... ADDRESS: PHONE: FAX: ------------------------------------------------------------------- ------------------------------------------------------------------- On an attached sheet, answer the followina 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? 09-5321 8 Southwest Florida Land Preservation Trust, Inc. Agenda Item No. 16F4 September 29, 2009 Page 12 of 29 List any planned out-9f-county advertising, marketing, and/or public relations that will be used in support of the project. EXHIBIT "B" Collier County Tourist Development Council I nterim Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CO NT ACT PERSON: TITLE: ADDRESS: PHONE: FAX: ------------------------------------------------------------------- ------------------------------------------------------------------- On an attached sheet, answer the followinflc auestions 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. 09-5321 9 Southwest Florida Land Preservation Trust, Inc. Agenda Item No. 16F4 September 29,2009 Page 13 of 29 How has the public interest for this project been up to this point? I -- 09-5321 10 Southwest Florida Land Preservation Trust, Inc. Agenda Item No. 16F4 September 29,2009 Page 14 of 29 EXHIBIT "e" Collier County Tourist Development Council Final Status Report , , I EVENT NAME: REPORT DATE: ORGANIZATION: -- CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: ------------------------------------------------------------------- ------------------------------------------------------------------- On an attached sheet, answer the followina 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 11 Southwest Florida Land Preservation Trust, Inc. -.-,..-..,...."..'" Agenda Item No. 16F4 September 29,2009 Page 15 of 29 EXHIBIT "0" REQUEST FOR FUNDS eOLLlER eOUNTY TOURIST DEVELOPMENT eOUNelL 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, Granke is required to submit verification in writing that all subcontractors and vendors have been paid. or 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 12 Southwest Florida Land Preservation Trust, Inc. Agenda Item No. 16F4 September 29, 2009 Page 16 of 29 EXHIBIT "E" Naples @ Marco Island ~ Everglades VISITOR QUESTIONNAIRE PARADISE COAST" 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 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 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 I Everglades Tour Shelling Bayfront t Segway Tour Seminole Casino Tin City Dolphin Cruise lounges & Clubs Prime Outlets Other Music Other - Other 09-5321 13 Southwest Florida Land Preservation Trust, Inc. Agenda Item No. 16F4 September 29,2009 Page 17 of 29 EXHIBIT "F" Southwest Florida land Preservation Trust Project Budget FundinQ - Not to Exceed Website design, build & maintenance (including social media content development) $15,000 -- Out of County promotional materials $ 9,600 Visit Florida membership $ 400 Total: $25,000 I 09-5321 14 Southwest Florida Land Preservation Trust, Inc. Agenda Item No. 16F4 September 29, 2009 Page 18 of 29 2010 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND UNITED ARTS COUNCIL OF COLLIER COUNTY, INC. THIS AGREEMENT is made and entered into this 29th day of September, 2009, by and between United Arts Council of Collier County, Inc., a Florida not-for-profit corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY". WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist -. Development Tax are to be allocated to promote and advertise tourism within the State of Florida, nationally and internationally which encourages tourism; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds for community information services including the production and printing of a monthly calendar of events for arts and cultural activities; and WHEREAS, the Tourist Development Council has recommended funding for the production of a monthly arts and culture calendar; and WHEREAS, The Collier County Board of County Commissioners has approved the funding request of the GRANTEE and the Chairman was authorized to execute the Tourism Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: (a) In accordance with the authorized expenditures as set forth in the Budget, attached hereto as Exhibit "F", the GRANTEE shall expend the funds for the production a monthly arts and culture calendar (hereinafter "the Project"). - 1 I -- ..,..~,-",,~~, Agenda Item No. 16F4 September 29,2009 Page 19 of 29 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Twenty-Four Thousand Dollars ($24,000). 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. I 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, 20 I 0 to be eligible for payment. 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, 2009 and September 30,2010. 2 Agenda Item No. 16F4 September 29, 2009 Page 20 of 29 (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". (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. -, 3 .>_"o_,~... Agenda Item No. 16F4 September 29, 2009 Page 21 of 29 (e) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. (f) COUNTY may withhold any interim or final payments for failure of GRANTEE to provide the interim status report or final status report until the County receives the interim status report or final status report or other report acceptable to the Executive Director of the CVB. 6. CHOICE OF VENDORS AND FAIR DEALING: (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: Elaine Hamilton, Executive Director I 4 Agenda Item No. 16F4 September 29, 2009 Page 22 of 29 United Arts Council of Collier County, Inc. 2335 Tamiami Trail North, #504 Naples, FL 34103-4459 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. I 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. 5 ... .'--"~''''''' >. "..~.,,_.... Agenda Item No. 16F4 September 29, 2009 Page 23 of 29 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 orin 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 (I) 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 (I) year. 17. EV ALUA TION OF TOURISM IMP ACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Executive Director of the CVB or his designee, along with a final budget analysis by October 31,2010. 18. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County and the Tourist Development Council as a source of funds and display the CVB logo with website address to qualify for reimbursement. 6 _.._-~----~ Agenda Item No. 16F4 September 29, 2009 Page 24 of 29 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: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: -- DONNA FIALA, Chairman Approved as to form and egal sufficiency Assistant County Attorney WITNESSES: GRANTEE: (1) UNITED ARTS COUNCIL OF COLLIER COUNTY Printed/Typed Name (2) BY: PrintedITyped Name I Printedffyped Name Printedrryped Title - 7 Agenda Item No. 16F4 September 29,2009 Page 25 of 29 EXHIBIT "A" Collier County Tourist Development Council } Preliminary Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: - TITLE: ADDRESS: PHONE: FAX: ------------------------------------------------------------------- ------------------------------------------------------------------- On an attached sheet, answer the followina auestions and attach it to your 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? I , 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. 8 Agenda Item No. 16F4 September 29, 2009 Page 26 of 29 EXHIBIT "B" Collier County Tourist Development Council Interim Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: -- ADDRESS: PHONE: FAX: ------------------------------------------------------------------- ------------------------------------------------------------------- On an attached sheet, answer the followina Questions to identify the status of the - proiect. 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 lhe 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? - 9 --,.~.- Agenda Item No. 16F4 September 29, 2009 I Page 27 of 29 EXHIBIT "e" ; Collier County Tourist Development Council Final Status Report EVENT NAME: REPORT DATE: ORGANIZATION: --- CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: ------------------------------------------------------------------- ------------------------------------------------------------------- On an attached sheet, answer the followina 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? 10 Agenda Item No. 16F4 September 29, 2009 Page 28 of 29 EXHIBIT "D" REQUEST FOR FUNDS eOLLlER eOUNTY TOURIST DEVELOPMENT COUNelL EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE ( ) REQUEST PERIOD FROM TO I 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 - 11 ~".,.._"~A""""""'_ Agenda Item No. 16F4 September 29, 2009 Page 29 of 29 EXHIBIT "F" United Arts eouncil of eollier eounty, Inc. Project Budget FundinQ - Not to Exceed Printing of calendars $18,000 Data compilation, graphics, typesetting & layout $ 3,500 Distribution (postage, mail services, delivery fees) $ 2,500 Total: $24,000 12