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Backup Documents 09/29/2009 Item #16F 3 MEMORANDUM Date: November 10,2009 To: Lyn Wood, Contract Specialist Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes and Records Department Re: Tourism Agreement between Collier County and The Marco Island Historical Society, Inc. Attached is an original agreement, referenced above (Agenda Item #16F3) approved by the Board of County Commissioners on September 29, 2009. The second original document will be held in the Minutes and Records Department with the Official Records of the Board, If you should have any questions please contact me at 252-8406, Thank you, Attachment 16F3 ITEM~tJ>O\~ FILE NO,: ROUTED TO: -:D\M. \\\ \2- <-~ Date: DO NOT WRITE ABOV HI~EO ~ 1- -r / OVV ~ ~ REQUEST FOR LEGAL SERVICES ~ S ~ rv1 I October 14, 2009 / ~ ~~' \ I ) q I -.,j Sca-T\ OQo..cJ---, __ ~\t,ILq Lyn M, Wood, C,P,M" Contract Specialist i J ~ ,_ ~ \\0 ~, Purchasing Department, Extension 2667 If 'J ~ - ~ \}l" Contract: #09-5321 "2010 Tourism Grant Agreement" ~ \\ ~ o~ ,,\11) To: Office of the County Attorney Jeff Klatzkow From: Re: Contractors: Children's Museum of Naples, Inc, Freedom Memorial Task Force Holocaust Museum of SW Florida Naples Art Association, Inc, d/b/a von Liebig Art Center Naples Botanical Garden, Inc, Naples Museum of Art, Inc, Naples Zoo, Inc, South Florida National Park Trust, Inc, "/Marco Island Historical Society, Inc, - Marco Island Museum , ',...,' It=+-' \ l')O'''' L \' 10 ,vr'A (Ll-""'reC\ C .10, · IV i ,I .....":> ~.~ 7 BACKGROUND OF REQUEST: This Contract was approved by the BCC on September 29, Agenda Item 16,F,3 2OO~1 . c ,_/ 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, C: Jack Wert, Tourism 16F3 MEMORANDUM TO: Ray Carter Risk Management Department FROM: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department ~ tv~ jO DATE: October 14, 2009 RE: Review Insurance for Contract: #09-5321 "2010 Tourism Grant Agreement" Contractors: Children's Museum of Naples, Inc. Freedom Memorial Task Force Holocaust Museum of SW Florida Naples Art Association, Inc. d/b/a von Liebig Art Center Naples Botanical Garden, Inc. Naples Museum of Art, Inc. Naples Zoo, Inc. South Florida National Park Trust, Inc. VMarco Island Historical Society, Inc. - Marco Island Museum This Contract was approved by the BCC on September 29, 2009, Agenda Item 16,F,3 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 IiUt ttE'crtVEO OCT 1 5 2009 ,,~& t::Z(7 /c0c:h www,sunbiz,org - Department of State 16 F 3page I of 3 Home Contact Us E-Filing Services Document Searches Forms Help erevlo~~__~I1__~$t IIIl1~! O!1l,.j~j Ret~rn To List IEntity Name Search Submit I EVG'_nt~ No Name History Detail by Entity Name Florida Non Profit Corporation MARCO ISLAND HISTORICAL SOCIETY, INC, Filing Information Document Number N96000005875 FEI/EIN Number 593425001 Date Filed 11/14/1996 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 05/15/1997 Event Effective Date NONE Principal Address MUSEUM AT OLD MARCO 168 ROYAL PALM DR MARCO ISLAND FL 34145 US Changed 03/22/2009 Mailing Address P,O, BOX 2282 MARCO ISLAND FL 34146 US Changed 04/27/2006 Registered Agent Name & A~~ress PERDICHIZZI, FIORI 1200 BUTTERFLY COURT MARCO ISLAND FL 34145 US Name Changed: 05/03/2004 Address Changed: 05/03/2004 Officer/Director Detail Name & Address TitleV/D PERDICHIZZI, FIORI 1200 BUTTERFLY COURT MARCO ISLAND FL 34145 Title D PERDICHIZZI, BETSY 1200 BUTTERFLY COURT http://www,sunbiz,org/scripts/cordcLcxc?actionDI,TI:II,&inq doc nUll1hcrN'!60000058.., 8n 1/2009 www,sunbiz,org - Department of State MARCO ISLAND FL 34145 Title TID INDEPENDENT ACCOUNTING OFFICE 551 E ELKCAM CIRCLE MARCO ISLAND FL 34145 Title PID GUERIN, DARCIE P,O, BOX 2282 MARCO ISLAND FL 34146 Title SID HENDERSON, DOTTIE 686 THRUSH COURT MARCO ISLAND FL 34145 TitleVID MASTERS, GERALD 316 COLONIAL AVE. MARCO ISLAND FL 34145 Annual Reports Report Year Filed Date 2007 02/0812007 2008 04/02/2008 2009 03/22/2009 Document Images 03/22/2009 -- ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format 04/02/2008 ccANNiJAL REPORT 02/08/2007 -- ANNUAL REPORT 04/27/2006 -- ANNUAL REPORT 07/05/2005 C' ANNUAL REPORT 05/03/2004.. ANNUAL REPORT 01[13/2003 ~cANNIJAl REPORT 04/0nZoQ2..c,_ANNUAL REPORT 05/17/2001 -- ANNUAL REPORT 01/19/2000 -- ANNUAL REPORT 02/24/1999 -- ANNUAL REPORT 05/01/1998.. ANNUAL REPORT 05/15/1997 "AMENDMENT 04/21/1997,- ANNUAL REPORT N~te: This is not official record. See documents if question or conflictJ Previous on List Nex;t onJ"Oi~t Return To List Events No Name History I H()mf~ I COllt.ild U'-; I lJoCllr1wni. SCimJiCS I I -lilirl~j S(~rviu:~s I IConns I lif'lp I 16t2 ~ 3 !Entity Name Search Submit I htlp://www.sllnbiz.orglscripts/c()rdct.cxc.?actioll.-[)EII;II~&illq, doc llulllbcr=N960000058", 8/31/2009 www,sunbiz,org- Department of State 1 Plrf oS C()DVliqll~ allel F'rivacv Policiec; Copyriqht ,n 2007 :')tate of Florida, Depdl'll!1enl of Std\(>. http://www.sunbiz.org/scripts/cordct.exe.iactionl)j.:I.Fj (,&inq <I"c number 'N'J60000058.., 8/l j /2009 RLS# C)q-;Jt.jc.-~ CHECKLIST FOR REVIEWING CONTRACTS J. 0'" 3 Entity Name: UficdWJ (StlWt>IjI,S11(;/UtlA-<- ,c;(X't~r;~ /teL. -,~:~= , ,./' Exp Date Exp Date ,_~~ Yes ,_No Entity name correct on contract? Entity registered with FL See, of State" ~Yes ~-Yes Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &/or Project referenced on Certificate? Certificate Holder name correct (BCC)? Cammercial General Liability General Aggregate Reqnired $ 30f},()t)() Products/Compl/Op Required $ " Personal & Advert Required $__ Each Occurrence Required $_ FirelProp Damage Required $ Automobile Liability Bodily Inj & Prop Reqnired $ 3ctJ,(/!Jo , Workers Compensation Each accident Required $ & f; Disease Aggregate Required $", v-" Disease Each Empl Required $jJ#J!.l Umbrello Liability Each Occurrence Provided $~_._~__ Aggregate Provided $ Does Umbrella sufficiently cover any underinsured pOltion? Professional Liability Each Occurrence Required $,_____ Per Aggregate Required $ Other Insurance Each Occur Type: v_Yes _~,Yes Yes -1L.. Yes Provided $ ~_\...'=-- Provided $ _~~\.._ Provided $ _ I \ Provided $ I \ Provided $~~ Provided $ Provided $ Provided $ Provided $ Provided $ Provided $ ReqUIred $ Provided $ County required to be named as additional insured? County named as additional insured? v/'Yes V Yes Indemnification Does indemnification meet County standards? Is County indemnifying other party? ~Yes Yes Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? Yes Yes Yes Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: ~_ Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? _~Yes c../"Yes _ vYes _.JL': Yes ..-.lL.. Y es V Yes _UYes Attachments Are all required attachments included? __..\L' Yes No No ___No No _~~No No Exp, Date ~i 1/, I 0' I Exp. Date r \ / Exp. Date ~~ Exp, Date ----'-'-_ Exp. Date If ~) / he( \4 <^-'I , Exp Date Exp, Date Exp, Date Exp Date _..,.._ ,_No No No ~No No No No No No No No No No No _No "" owe... Reviewer Initials: } V'LtJg Date: 7CT71f ,1' 04-COA-Oi036!i 22 16F3 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 Tourist Development Tax funds to construct displays and exhibits for the Museum; and WHEREAS, the Tourist Development Council has recommended the funding for the design and construction of 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: I, 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 construction of displays and exhibits (hereinafter "the Project"), to be housed in the Museum complex, 09-5321 Marco Island Historical Society, Inc, 1 16F3 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 (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 often percent (10%) of any line item may be authorized by the County Manager or his designee, (1) All requests for reimbursement must be received prior to September 30,2010 to be eligible for payment. 3, ELIGIBLE EXPENDITURES: (a) COUNTY, Only eligible expenditures described III Paragraph One (I) will be paid by 09-5321 Marco Island Historical Society, Inc, 2 16F3 (b) COUNTY agrees to pay eligible expenditures incurred between October I, 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", (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 Marco Island Historical Society, Inc, 3 16F3 (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, (I) 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 I 3 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, 09-5321 Marco Island Historical Society, Inc, 4 16F3 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, (b) [f the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with 09-5321 Marco Island Historical Society, [nc, 5 16F3 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, IS, TERM: This Agreement shall become effective on October I, 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 nON 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 Marco Island Historical Society, Inc, 6 16F3 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 web site 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, ~ . XTTEST " 'c '", ,SO\\iIGlijE, BROf~1>lerk ,~ , ) ;1" ,f.,::i.,'<' J .. ,/;- (' BOARD OF CO}iNTY COMMISSIONERS CBOLLIER Clft:.,~~,:~OR1DA d-'~, y, , DONNA FIALA, Chairman Item# J{rf3 Assistant County Attorney S c..u""" 'TEf\C.l-I WITNESSES: (I) ~.J"~.i~~ t:}'v..beJ... f3r....... ftnqre ,'('), Printed/Typed Name GRANTEE: Agenda q~ ~ Date Date \ l5--a Rec'd ~ Deputy Clerk ..cvlkl,.,H CI~Gl~e MARCO ISLAND HISTORICAL SOCIETY, INC, (2)\l~ ~ ~~ - BY~~ '-- J:JA-eL I C 6-u~ ~ Printed/Typed Name (V/ I HS. ?r<.€S /bEiVI Printed/Typed Title ' ~ \ ~\\..,.,.., h_ '%. .....a\J "-> Printed/Typed Name 09-5321 Marco Island Historical Society, Inc, 7 16F3 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 followinQ 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 8 Marco Island Historical Society, lnc, 16F3 EXHIBIT "B" Collier County Tourist Development Council I nterim Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: ------------------------------------------------------------------- ------------------------------------------------------------------- On an attached sheet. answer the followinQ Questions to identify the status of the proiect. Submit this report at least Quarterlv. 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 9 Marco Island Historical Society, Inc, 16F3 EXHIBIT "c" 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 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? 09-5321 10 Marco Island Historical Society, Inc, 16F3 EXHIBIT "D" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS REQUEST PERIOD FROM TELEPHONE ( TO CONTACT PERSON 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 09-5321 Marco Island Historical Society, Inc, 11 16F3 EXHIBIT "E" Naples @ Marco Island ~ Everglades F'A R AD'S E cO A S T~ 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: DATE OF ARRIVAL: WHERE ARE YOU STAYING? NAME OF HOTEL AND CITY/AREA: NAME OF CONDOMINIUMITIMESHARE: # OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY = HOW DID YOU SELECT THE HOTEL/CONDOMINIUM? INTERNET ( ) YOUR CHOICE ( ) 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 Kayaking Conservancy of SW Other FL Lake Trafford Other HOTEL/RESORT CITY DATE OF DEPARTURE: FRIENDS/FAMILY CONDOMINIUM ST ZIP TRAVEL AGENT ( Other FAMILY ATTRACTIONS Naples Zoo Naples Botanical Garden Fun 'n Sun Water Park Swamp Buggy Race Mini Golf King Richard's Fun Park Other SHOPPING AND DINING Fifth Avenue South Third Street South Waterside Shops Venetian Bay Bayfront Tin City Prime Outlets SIGHTSEEING LunchlDinner Cruisel Sunset Cruise City Trolley Tour Everglades Tour Segway Tour Dolphin Cruise Other RELAXATION & ENTERTAINMENT Golf Spa Shelling Seminole Casino Lounges & Clubs Music Other Other 09-5321 12 Marco Island Historical Society, Inc, EXHIBIT "F" Marco Island Historical Society, Inc. Project Budget 16F3 Fundinq - Not to Exceed Design and construction of displays and exhibits Total: 09-5321 13 Marco Island Historical Society, Inc, $100,000 $100,000 16F3 DeLeonDiana From: Sent: To: Subject: Darcie Guerin [Darcie,Guerin@RaymondJames,com] Tuesday, October 13, 2009 907 AM DeLeon Diana MIHS Statement for Marco Island Historical Society We do not require Worker's Comp coverage because we don't have any employees. Let me know if you need any additional information. Darcie Guerin President, Marco Island Historical Society Financial Advisor, Resident Branch Manager Raymond James & Associates 606 Bald Eagle Dr. Suite 401 I Marco Island, FL 34145 239-389-1041 * 866-343-0882 Toll Free 239-393-2135 Fax darcie.guerin~ravmondiames.com Please visit my WEBSITE: http://www.RavmondJames.com/Darcie Disclosures Regarding this Email Communication (Including Any Attachments) Please visit http://www.raymondiames.com/disclosure.htm for Additional Risk and Disclosure Information. Raymond James does not accept private client orders or account instructions by email. This email: (a) is not an official transaction confirmation or account statement; (b) is not an offer, solicitation, or recommendation to transact in any security; (c) is intended only for the addressee; and (d) may not be retransmitted to, or used by, any other party, This email may contain confidential or privileged information; please delete immediately if you are not the intended recipient, Raymond James monitors emails and may be required by law or regulation to disclose emails to third parties. 1 8' . o " ~ ~ ZW'clon 1lI wO 0 0 ;!.;::~ g ~ III "'......" ,"o-,j","1ll ~ .,.... Ii ~...o g n w~~~g ob...ltlll:> " " rt ....>30 '< ",I1-g tI: "' 0 , . rt , " '" . 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"T1 (; )> -l m o "T1 .... :; OJ :p ,- ;"""i '...:XO-lI' -< :'-oz:I: - !iTl6~U;' Z :~~~~ C/) ,fTl....O~ C ,8~8~ ::0 !;ii~~~ )> I'~~~~ Z Cl_tIltll 0 'm:!!Ziji :!;;E~~ m io"'Og) i;uo:t:)> i~~;;::'" 'OUlCl> '~~~~I.~ :i~3~ ~5 m~~::u 0< ;g~~~lcri'-' :;;m~'i i'ii"''iid <t>m(i;ll wz.)>;: mO-ll> c' o?i('g.>:: ~ z.... N ~ N o . . c . m ~ > ~ c. 0 ~ . 0 0 . , 0 , n : 0 < m . > , ~ " n " . , 0 , z " > ~ " . . m ,. , 16 F 3,,~ MEMORANDUM Date: November 12,2009 To: Lyn Wood, Contract Specialist Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes and Records Department Re: Tourism Agreement between Collier County and The Naples Museum of Art, Inc. Attached is an original agreement, referenced above (Agenda Item #16F3) approved by the Board of County Commissioners on September 29, 2009. The second original document will be held in the Minutes and Records Department with the Official Records of the Board, If you should have any questions please contact me at 252-8406, Thank you, Attachment .,-----,._-- '----~-~~..,<".,_.~."~._"_.._"--_.~,~-,._._-_...._-,, '" --'---'-"---'--.---.-- 16F3 2010 TOURISM AGREEMENT BETWEEN COLLIER COUNTY ANI> NAPLES MUSEUM OF ART, INC. THIS AGREEMENT is made and entered into this 29th day of September, 2009, by and between Naples Musewn of Art, 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 Tourist Development Tax funds for exhibitions and educational programs to enhance the quality of life for area residents and attract visitors; and WHEREAS, the Tourist Development Council has recommended funding for the promotion of upcoming exhibitions, accompanying national symposia, festivals, special events, educational programs and workshops; 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 CONSlDERA TION, IT IS MUTUALLY AGREED AS FOLLOWS; I, 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 to promote the GRANTEE's 09-5321 Naples Museum of Art, Inc, 1 161-) Celebration of Latin Art and Culture at the Naples Museum of Art, lnc, (hereinafter "the Project"), to include, but not be limited to, out of County advertising and promotion.. 2, PAYMENT: (a) The maximum amount to be paid under this Agreement shall be a total of Twenty Thousand Dollars ($20,000), 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 veritication 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 'T' 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 tor reimbursement must be received prior to the close of the fiscal year to be eligible for payment. 3, ELIGIBLE EXPENDITURES: 09-5321 Naples Museum of Art, lnc, 2 16F3 (a) Only eligible expenditures described In Paragraph One (I) will be paid by COUNTY, (b) COUNTY agrees to pay eligible expenditures incurred between October I, 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 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 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 REOUIREMENTS: (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 Naples Museum of Art, Inc, 3 16F3 (c) GRANTEE shall provide to County a final status report on the forn1 attached hereto as Exhibit "C" no later than October 3J, 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, (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 Naples Musewn of Art, Jnc" 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 (I), (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 ofthe expenditures shall be based on industry standards, 7, fNDEMNIFICATION: GRANTEE shall indemnifY and hold hannless 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 performanee of this Agreement. This indemnification obligation shall 09,5321 Naples Museum of Art, Inc, 4 16F3 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: Myra Daniels, CEO Naples Museum of Art, Inc, 5833 Pelican Bay Boulevard Naples, FL 34108 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. II. 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 Naples Museum of Art, Inc, 5 16F3 (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 ofthree (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 (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 ALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a 09-5321 Naples Museum of Art, Inc. 6 16f3 written report to the Executive Director of the CVB or his designee, along with a final budget analysis by October 31, 2010. 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 writte.\\.\ . "ti ATTEST: '. D\yIGflT E. BRQC~Clerk vii~ /} I t. . '~J.IO-4 u<<'~'--';:~O~'OC . att\.~f .'It. eM.... . Ap I/llWlllhfand Ie al ufficie72J LA- L ~ County Attorney lXl'....h 'SC-l># f< UtLC h Print Name -. , ,.,.. BOARD OFtJE, TY COMMI. SSION. ERS COLLIER C . TY, FLORID')! _. Ihrrv..-. ~f4_'~ By: I DONNA FIALA, Chairman Item# I~ Agendat')~~ ~ Date -La:::::L::l.71 g:~d I J - 51ft M Deputy Clerk WITNESSES: ~V" A Lt--L- h JP-t"Nlt-Lti'. G GRANTEE: NAPLES MUSEUM OF ART, INe. h.'~E [\1\. :"-..;JPo~~:b-J\FCL Printed/Typed Name (2)11~ ~ I' LA-lA.flA- e.. ~ 0 Printed/Typed Namc BY:~~ M'-\R.t.. _~D 'Dw\0.5 Printed/Typcd Name t::t.:Dt-l~Q. ~Q.~ 4 QED Printed/Typed Title 7 09-5321 Naples Museum of Art, Inc. 16F3 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 followinq 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 esfimafed 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 8 Naples Museum of Art, Inc. 16F3 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 followinq questions to identify the status of the proiect. Submit this report at least quarterlv. 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 Naples Museum of Art, Inc. 9 16F3 EXHIBIT "C" 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 followinq questions for each element in vour 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 Naples Museum of Art, Inc. 10 16 F 3.~ EXHIBIT "D" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON REQUEST PERIOD FROM TELEPHONE ( 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 09-5321 Naples Museum of Art, Inc. 11 16F3 EXHIBIT "E" Naples @ Marco Island ~ Everglades PARADISE COASTw 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: DATE OF ARRIVAL: WHERE ARE YOU STAYING? NAME OF HOTEL AND CITY/AREA: NAME OF CONDOMINIUMITIMESHARE # OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY = HOW DID YOU SELECT THE HOTEUCONDOMINIUM? INTERNET ( ) YOUR CHOICE ( ) 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 Kayaking Conservancy of SW Other FL Lake Trafford Other HOTEL/RESORT CITY DATE OF DEPARTURE: FRIENDS/FAMILY CONDOMINIUM ST ZIP TRAVEL AGENT ( FAMILY ATTRACTIONS Naples Zoo Naples Botanical Garden Fun 'n Sun Water Park Swamp Buggy Race Mini Golf King Richard's Fun Park Other Other SHOPPING AND DINING Fifth Avenue South Third Street South Waterside Shops Venetian Bay Bayfront Tin City Prime Outlets SIGHTSEEING Lunch/Dinner Cruisel Sunset Cruise City Trolley Tour Everglades Tour Segway Tour Dolphin Cruise Other Other RELAXATION & ENTERTAINMENT Golf Spa Shelling Seminole Casino Lounges & Clubs Music Other 09-5321 Naples Museum of Art, Inc. 12 EXHIBIT "F" Naples Museum of Art, Inc. Project Budget Promotion of Latin Festival in out of Collier County media, printing and brochures. Total: 09-5321 Naples Museum of Art, Inc. 13 16F3 Fundina - Not to Exceed $20.000 $20,000 16F3 A CORD_ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY) 9/17/2009 PRODUCER (678)539-4800 FAX: (678)539-4890 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Beecher Carlson - Atlanta ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Ste 900 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 2002 Summit Blvd. Atlanta GA 30319 INSURERS AFFORDING COVERAGE NAle# INSURED INSURER A: Zurich North America Philharmonic Center for the Arts INSURER B 5833 Pelican Bay Boulevard INSURER C INSURER D Naples FL 34108-2710 INSURER E 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, ~E 1~~U~N~~T~FFORDED B~ H:'0~ ~~~I.~~~Sn,~;~g~!BE~I~~~;II~~IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES A ~AT I I Y V E Y PAl I IN R D'L PJ>AI.{i1::8&WIE ~k'W,~~~N ~ TYPE OF INSURANCE POLiCY NUMBER LIMITS ~NERAL LIABILITY EACHnCCURRENrc $ 1,000,000 X COMMERCIAL GENERAlllABILlTY ~~~~~~Jf?E~~~~nce\ $ 1,000,000 A I CLAIMS MADE [!] OCCUR CP00925998101 6/1/2009 6/1/2010 MED EXP 'An" one .....rson' $ 5,000 e- PERSONAL & ADV INJURY $ 1,000,000 ~ GENERALAGGREr.ATE $ 2,000,000 r;l'L AGG~EnE LIMIT An~ PER PR"DU"T" _ "n...........p Ar.:r.: $ 2,000,000 X POLICY I ~JWi LOC A ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 6/1/2009 6/1/2010 (Eaacddent) $ ~ ANY AUTO CP00925998101 e- ALL OWNED AUTOS BODILY INJURY (Per person) $ ~ SCHEDULED AUTOS "- HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Peracddent) "- "- PROPERTY DAMAGE $ (Peracddenl) RRAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN C^ A"'C $ AUTO ONLY AGG $ A 0ESSJUMBREUA LIABILITY $ 10,000,000 X OCCUR 0 CLAIMS MADE 926049301 6/1/2009 6/1/2010 AGGREGATE $ 10,000,000 $ R DEDUCTIBLE $ RETENTI"N <t $ WORKERS COMPENSATION AND I we STATU-~ I IOJ!l- EMPLOYERS' LIABILITY ANY PROPRIETORlPARTNER/EXECUTIVE E.L EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ ~~~s, I~~S~~~~~~~" below E,L DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONSlLOCATlONSlVEHICLES/EXCLUSIONS ADDED BY ENDQRSEMENTISPECIAL PROVISIONS Re' Contract '09-5321 Tourism Grant Agreement - Naples MUseum of Art Collier County Board of County Commissioners and the Tourist Development Council are included as Additional Insureds as per written contract CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE Collier County Board of EXPIRATION DAlC THEREOF, "'E ISSUING INSURER WILL ENDEAVOR TO MAIL County Commissioners and 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT The Tourist Development Council - Purchasing Dept. FAILURE TO 00 SO SHALL IMPOSE NO OBLtGATlON OR LIABILITY OF ANY KINO UPON THE 3301 Tamiami Trail East INSURER, ITS AGENTS OR REPRESENTATIVES. Naples, FL 34112 AUTHORIZED REPRESENTATIVE ~tk-!! Robert Hessel/BEVEBU ACORD 25(2001108) INS025 (0108).08a @ACORDCORPORATlDN1988 Page 1 012 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s}, authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) INS025 (0108).OBa Page2of2 Clienl#: 24334 PHICE 16F3 I ACORDm CERTIFICATE OF LIABILITY INSURANCE I DATE (MMfDDNYYY) 10/01/2009 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Gulfshore Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4100 Goodlelte Road North HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Naples, FL 34103 -3303 239 261-3646 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A Amerisure Insurance Company Philharmonic Center for the Arts, Inc. INSURER B 5833 Pelican Bay Boulevard INSURER c: Naples, FL 34108-2740 INSURER O. INSURER E COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I P~ALi~~:~)J8m\E Pg~fJ,~~~,W)N LTR NSR TYPE OF INSURANCE POLICY NUMBER LIMITS ~NERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ I CLAIMS MADE D OCCUR MED EXP (Anyone person) $ - PERSONAL & ADV INJURY $ - GENERAL AGGREGATE $ ~'l AGG~EnE ~~~ APAS PER PRODUCTS - COMP/OP AGG $ POLICY JECT LOC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Eaaccident) - -::; ALL OWNED AUTOS BODilY INJURY ~HEDUlED AUTOS (Per person) $ - - HIRED AUTOS BODilY INJURY $ NON-OWNED AUTOS (Per accident) - - PROPERTY DAMAGE $ {Per accident) ~AGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ :J~SS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR 0 CLAIMS MADE AGGREGATE $ $ =1 ~EDUCTIBLE $ RETENTION $ 5 A WORKERS COMPENSATION AND WC204615102 07/01/09 07/01110 X I T~~Vs;r~~~~ I IOJ~- EMPLOYERS' LIABILITY 5500 000 ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $500,000 If yes, describe under $500,000 SPECIAL PROVISIONS below EL DISEASE - POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS I LOCA liONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION Collier County & its Board of County Commissioners & The Tourist Development Council 3301 East Tamiami Trail Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ---10...-- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 2S (2001/08) 1 of 2 #S379545/M377607 NSA @ ACORD CORPORATION 1988 16F3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED. the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5 (2001/08) 2 012 #S379545/M377607 MEMORANDUM 16F3 DATE: November 17,2009 TO: Lyn Wood, Contract Specialist Purchasing Department FROM: Teresa Polaski, Deputy Clerk Minutes and Records Department RE: Contract #09-5321: "2010 Tourism Grant Agreement" Contractor: Naples Botanical Gardens Enclosed, please find one (1) original, referenced above (Agenda Item #16F3) approved by the Board of County Commissioners on Tuesday, September 29, 2009. An original Agreement is being held in the Minutes and Records Department in the Official Records of the Board's If you should have any questions, you may contact me at 252-8411. Thank you, Enclosures --____ 3)vJ. /'1' ?-.. lTEM~.....pt2.C. ~D\S9t.i ~/ .' .,ii FILE NO.: -j I i DATE Dw "lIt ~E:CEIVrO t- (II Fy 1r-J / , ROUTED TO: ~ DO NOT WRITE ABOVE THIS LINE rv . , REQUEST FOR LEGAL SERVICES /1 i ~ \ ,-.- Date: October 14, 2009 r-... ~ Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department, Extension 2667 ~-t\ (Jeo.C-.h' ; (1xr' So""- ""\2 q" ./ . \ I ~.-:1 To: Office of the County Attorney Jeff Klatzkow Re: Contract: #09-5321 "2010 Tourism Grant Agreement" ,~ ) /'1: vtJ." '6 I . /.i? O~ Jjk~~ . \V / I}; Contractors: Children's Museum of Naples, Inc. Freedom Memorial Task Force Holocaust Museum of SW Florida Naples Art Association, Inc. d/b/a von Liebig Art Center II'Naples Botanical Garden, Inc. Naples Museum of Art, Inc. Naples Zoo, Inc. South Florida National Park Trust, Inc. Marco Island Historical Society, Inc. - Marco Island Museum This Contract was approved by the BCC on September 29, Agenda Item 16.F.3 BACKGROUND OF REQUEST: This item has not been previously submitted. Contract review and approval. r.\&, \ - \ \ '. \ \~~~' \~~~ ACTION REQUESTED: 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. C: Jack Wert, Tourism MEMORANDUM 16F3 TO: Ray Carter Risk Management Department FROM: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department k DATE: October 14, 2009 RE: Review Insurance for Contract: #09-5321 "2010 Tourism Grant Agreement" Contractors: Children's Museum of Naples, Inc. Freedom Memorial Task Force Holocaust Museum of SW Florida ,Naples Art Association, Inc. d/b/a von Liebig Art Center VNaples Botanical Garden, Inc. Naples Museum of Art, Inc. Naples Zoo, Inc. South Florida National Park Trust, Inc. Marco Island Historical Society, Inc. - Marco Island Museum This Contract was approved by the BCC on September 29, 2009, Agenda Item 16.F.3 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. C: Jack Wert, Tourism DATE: RECEIVED OCT f 5 2009 IU R:fIl~ji dod/LMW 16F3 PORTION OF NAPLES BOTANICAL GARDEN BOARD OF DIRECTORS MEETING MINUTES OF JANUARY 28, 2009 Mission: Connecting people and plants NAPLES BOTANICAL GARDEN ANNUAL BOARD OF DIRECTORS MEETING Wednesday, January 28, 2009 Lecture Room Call to order. Vice Chairman Juliet C. Sproul called the meeting to order at 3:00 PM. E. Election of Staff Officers - Chairman Sproul recommended the following Staff Officers for calendar year 2009: Brian Holley, Executive Director Joyce Zirkle, Chief Operating Officer A motion to elect Brian Holley and Joyce Zirkle as Staff Officers for calendar year 2009 was made by Jim LaGrippe. Seconded by Tom McCann. Motion approved. 16F3 Bylaws as approved, Board of Directors Meeting November J 6, 2005 PORTIONS OF BYLAWS OF NAPLES BOTANICAL GARDEN Bylaws of Naples Botanical Garden, Inc. a Florida not-for-profit corporation Article II Officers 1. Enumeration of officers. The officers of the Garden shall consist of a Chairman, a President or Executive Director, a Secretary and a Treasurer and such other positions as the Board may create, such as one or more Vice Chairmen, Vice Presidents or assistants to the Secretary or Treasurer. Except for the Chairman and any Vice Chailman, no officer need be a member of the Board. 4. Duties. The duties of the officers are as follows: President or Executive Director. The President or Executive Director shall be the chief executive officer in charge of the business and affairs of the Garden, shall implement the policies established by the Board and be subject to the overall direction and control of the Board. 16F3 Naples Botanical Garden, Inc. Corporate Resolution The undersigned Secretary of Naples Botanical Garden, Inc. hereby certifies that the Board of Directors of Naples. Botanical Garden, Inc. duly adopted the following resolution on July 13, 2005, and that such resolution has not been repealed or amended, and remains in full force and effect, and does not conflict with the bylaws of said Corporation as of the date hereof: RESOLVED, that the Board of Directors of Naples Botanical Garden, Inc., hereby authorizes Brian Holley, Executive Director, and Joyce Zirkle, Chief Operating Officer, or either of them, to sign such documents and take such other action as either of them may deem appropriate to implement any matter approved by the Board of Directors or included in any budget approved by the Board. THIS IS TO CERTIFY that the foregoing is a true copy of a resolution adopted by a quorum of the Board of Directors of Naples Botanical Garden, Inc. on July 13,2005. By: ~,k:' UJaA...<.... athenne K. Ware Board Secretary Date h /3,..:lOdG" {/ (CORPORATE SEAL) \\\\IIt11I1ff/1/f11. ;:l>" ~f>.NICAt. ~~ ~~<o~.........~ ls~.~~ORPOfti~..~ :::::~,: 1994 ~....~~ @ : CDRPDRAnON : ~ E :: : NOT FOR :. s ~~ PROFIT I;:: ~ ".~ l ~ ~ '~.~ORIOl\....' ~ ~ ........ .;$$ '01 \" '//11/ \\\\,~ cblH/Bd.Doc~I:!!JMI/.\~slContract.Aulhorizali0rJ7-2005 www.sunbiz.org - Department of State Page I of3 3 Home Contact Us E-Filing Services Document Searches Forms Help PreY'-~l,l:i on Ll~j Next on .L_i$l Return To List jEntity Name Search Submit I Eve~!~ NameH.i.$tQJY Detail by Entity Name Florida Non Profit Corporation NAPLES BOTANICAL GARDEN, INC. Filing Information Document Number N94000001547 FEIIEIN Number 650511429 Date Filed 03/25/1994 State FL Status ACTIVE Effective Date 03/23/1994 Last Event NAME CHANGE AMENDMENT Event Date Filed 11/06/2001 Event Effective Date NONE Principal Address 4820 BAYSHORE DR NAPLES FL 34112 US Changed 04/29/2002 Mailing Address 4820 BA YSHORE DR NAP.~34i12us--., anged 04/29/2002 & Address HOLLEY, BRIAN 4820 BA YSHORE DR. NAPLES FL 34112 US ..-../ ~me Changs'HfflZO/2005 ''''ddress Changed: 07/20/2005 OfficerlDirector Detail Name & Address Title D SMITH, DAVID B 4820 BA YSHORE DR. NAPLES FL 34112 Title DT BENSON, RICHARD H 4820 BA YSHORE DR. http://www.sul1biz.org/scripts/eordet.cxc.)aetiol1. DETFIL&inq doc number NlJ40000015... 8/31/2009 . www.sunbiz.org - Department or State Page 2 01'3 NAPLES FL 34112 Title OS WARE. CATHERINE K 4820 BAYSHORE DR. NAPLES FL 34112 Title DP SPROUL, JULIET C 4820 BA YSHORE DR. NAPLES FL 34112 Title DV LAGRIPPE, JAMES 4820 BAYSHORE DR. NAPLES FL 34112 Annual Reports Report Year Filed Date 2007 04/16/2007 2008 04/25/2008 2009 03/20/2009 Document Images 03/20/2009 cc6r-iNJJALREPORT 04/25/2008 ccJ\r-iN!Jj\L REPORT 04/16/2007 -- ANNUAL REPORT 04/18/2006 -- ANNUAL REPORT 07/20/2005 cc Reg. Agent Change 04/25/2005 -- ANNUAL REPORT 04/28/2004 -- ANNUAL REPORT 02/10/2003 -- ANNUAL REPORT 04/29/2002 -- ANNUAL REPORT 11106/2001 c- Name Change 05105/2001 -- ANNUAL REPORT 01/19/2000 -- ANNUAL REPORT 03/01/1999 -- ANNUAL REPORT 06103/1998 -- ANNUAL REPORT 08/05/1997 -- ANNUAL REPORT 07/22/1996,_, ANNUAL REPORT 07/24/1995 -- ANNLJJ'.L REPORT 16F3 View image in PDE format View image in PDF format View image in PDF format View image in PDF format View image in PDF formal View image in PDF format View image in PDF formal View image in PDF formal View image in PDF formal View image in POF format View image in PDF formal View image in PDF format View image in PDF formal View image in PDF formal View image in PDF format View image in PDF formal View image in PDF formal ~~~~;-ThiS is not official record. S~~~documents if que~ti.on or ~~ffi~-il Events Name History Next on List R~turn To List Previous on List IEntity Name Search Submil I I 11()1111~ I Cllllli.ld us I DOllllllel:l SCiJrclws I 1.-1 illll~j St'rVICCS I hml1', I I it'll] I http://www.sunbi/..org/scripts/cordct.cxc?aclion~Dl':TFll ,&inq_doc _!lumber' N9400000 15... 8/31/2009 www.sunbiz.org - Department of State Page 3 01'3 CLJ[)YII~]ilt emu Privacy Policies [op)'r1ght (r) 2.007 :A:lte of F-Ior-idd, lJepdr-(nwnl 01 SIdle. F3 hl1p://www.sunbiz.org/scripts/cordct.cxc'!actioll Dl;TFII"&inq doc nUlllhcr~N94000(J(J15... 8/31/2009 RLS# ()cr-(J~ -(J/ <,q~ CHECKLIST FOR REVIEWING CONTRACTS !VIJ-Af'O, f!,('!'-"'^'I"I4L- (~I;C~"'N {I' ~ / .J,,,,,Yes _ v"'Yes lnsurance Insurance Certificate attached? Insured registered in Florida? Contract # &/or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ :;P(' (YJU Products/CompVOp Required $ ) Personal & Advert Required $ Each Occurrence Required $ Fire/Prop Damage Required $_. Automobile Liability Bodily Inj & Prop Required $ .3,iY"ffliL Provided $ ~~ Workers Compensation Each accident Required $ S (-It {, Disease Aggregate Required $ ~,i C( . Disease Each Empl Required $ , v,'_ Umbrella Liability Each Occurrence Provided $ .....l..""-1.L Aggregate Provided $ ~-'-'--- Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ Per Aggregate Required $ Other Insurance Each Occur Type:_._._ Entity Name: Entity name correct on contract? Entity registered with FL Sec. of State? Required $ County required to be named as additional insured? County named as additional insured? Indemnification Does indemnification meet County standards? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract? Ifattached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? _~Yes -"L'Yes ~Yes ...:L Yes Provided $ r '" IL.. Provided $ I , Provided $ ,'100, ao Provided $ ~__ Provided $ <;0) W C' Provided $ 100,000 Provided $......@J, 000 Provided $ I oc? J ()tJ () .--.- , No No 16F3 No __No _ V"No ~No Exp. Date .Jljll ! tJCI Exp. Date ___~~ Exp. Date __ l f Exp. Date '---'-'--_ Exp. Date _ { , Exp Date ldl?lrP I Exp Date 2/, /7"((; r { Exp Date~_ Exp Date~_ Exp DatelillZ IlfL Exp Date_~_~__ 1_Yes Provided $ Provided $ ___0_____- Exp. Date Exp. Date No Provided $__ Exp Date ~ _\,/,'Yes ~_Yes _...\L.. Y es _~es _No No No ~No ~4v~' C>vV . ~. \ \\"-"\ \ . ~(, t~ {L .\}' \'" .J~ - r.J,1' , , " j) 0 g-'~ ',11~ ,y '-'\ r1 C Il .1I n (,~v- ~+ I d'1 (J} lJ-1 ~ 'l)r: c\ \$' fYIc ' LYes ~Yes _LYes Yes Yes Yes Yes Yes Yes Yes _~.Yes ~No No No 7 ~Z No No No No Attachments Are all required attachments included? No No No No ifj --~. () ReViewer Imtials: _ Do", Z')?f1 04-COA-O I 030/2 2 2010 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES BOTANICAL GARDEN, INC. 16F3 THIS AGREEMENT is made and entered into this 29th day of September, 2009, by and between Naples Botanical Garden, 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 Tourist Development Tax funds for exhibitions and educational programs to enhance the quality of life for area residents and attract visitors; and WHEREAS, the Tourist Development Council has recommended funding for the promotion of upcoming exhibitions, accompanying national symposia, festivals, special events, educational programs and workshops; 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: I. SCOPE OF WORK: (a) In accordance with thc authorized expenditures as set forth in the Budget, attached hereto as Exhibit "F", the GRANTEE shall expend the funds to promote the GRANTEE's 09-5321- Naples Botanical Garden, Inc. 1 16F3 Opening (hereinafter "the Project"), to include, out of County advertising and promotion expenses. 2. PAYMENT: (a) The maximum amount to be paid under this Agreement shall be a total of One Hundred Fifty Thousand Dollars ($150,000). 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, 20 I 0 to be eligible for payment. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described III Paragraph One (I) will be paid by COUNTY. 09-5321- Naples Botanical Garden, Inc. 2 l6r] (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 ofInsurance 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- Naples Botanical Garden, Inc. 3 16F3 (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 Naples Botanical Garden, Inc., complete the visitor questionnaire attached to this Agreement as Exhibit "E". All completed visitor questionnaires shall be maintained in accordance with Section I3 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 (I). (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: 09-5321- Naples Botanical Garden, Inc. 4 16F3 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: Brian Holley, Executive Director Naples Botanical Garden, Inc. 4820 Bayshore Drive Naples, FL 34112 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. II. 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. 09-5321- Naples Botanical Garden, Inc. 5 16F3 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. 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 funding and the CVB logo with website address to qualifY for reimbursement. . 09-5321- Naples Botanical Garden, Inc. 6 16F3 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. .r-' . :'c'-.') "....,' ;{:';'. AttEST: ". C .' .~ -. .. ~ "OWI T;f\,~ROCK, Clerk ~ . ttftt."~ t'o .... -~ ..' ,',,' ..... ,,- , .5.1CJ1t..,tur~ "'". Approved as to form and l~f~72j~L f.ss~ County Attorney bRp ~'....;f- R 7e_o<-L, rintName WITNESSES: 09-5321- Naples Botanical Garden, Inc. BOARD OF C~TY COMMISSIONERS COLLIER C() TY, FLORIDA,. I! ! AI! ,.J. iJ By: 't'>->-Yrl#-' .;,J~4..f4t<. DONN FIALA, ChaIrman GRANTEE: NAPLES BOTANICAL GARDEN, INC. BY0.-----r----- .3'..-. <:>-.~ 4/(C--7 Printed/Typed Name / tr p( <0. ,,~ (,' ~ c ?>. >c.-. cf-__ Printed/Typed Title 7 Uem# J'-~? Agenda ()) '7lQ ',.,n Date ::Lf..El.+ Vf g:~ ll)r1Lct1 ~ ~--_.._"_.._---,'----_.> --~. EXHIBIT "A" 16F3 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 followinq questions and attach it to vour 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- Naples Botanical Garden, Inc. 8 EXHIBIT "B" 16F3 Collier County Tourist Development Council I nterim Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: ------------------------------------------------------------------- ------------------------------------------------------------------- On an attached sheet. answer the followinq questions to identifv the status of the project. Submit this report at least quarter/v. 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 fhis point? 09-5321- Naples Botanical Garden, Inc. 9 16F3 EXHIBIT "C" 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 followinq questions for each element in vour 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 evenf? 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- Naples Botanical Garden, Inc. 10 EXHIBIT "D" 16F3 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 09-5321- Naples Botanical Garden, Inc. 11 16F3 EXHIBIT "E" Naples @ M~co~and ~-- ;:::::. Everglades PAR A D1SE COAST~ 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: DATE OF ARRIVAL: WHERE ARE YOU 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 HOTEUCONDOMINIUM? INTERNET ( ) YOUR CHOICE ( ) 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 Kayaking Conservancy of SW Other Fl lake Trafford Other HOTEURESORT CITY DATE OF DEPARTURE: FRIENDS/FAMILY CONDOMINIUM ST ZIP TRAVEL AGENT ( ) Other FAMilY ATTRACTIONS Naples Zoo Naples Botanical Garden Fun 'n Sun Water Park Swamp Buggy Race Mini Golf King Richard's Fun Park Other SHOPPING AND DINING Fifth Avenue South Third Street South Waterside Shops Venetian Bay Bayfront Tin City Prime Outlets SIGHTSEEING Lunch/Dinner Cruisel Sunset Cruise City Trolley Tour Everglades Tour Segway Tour Dolphin Cruise Other Other RELAXATION & ENTERTAINMENT Golf Spa Shelling Seminole Casino lounges & Clubs Music Other 09-5321- Naples Botanical Garden, Inc. 12 EXHIBIT "F" Naples Botanical Garden, Inc. Project Budget Advertising and promotion of opening in out of Collier County areas, to include but not limited to out of market advertising and promotional expenses via print, online and media advertising campaign Total: 09-532 I - Naples Botanical Garden, Inc. 13 16F3 FundinQ - Not to Exceed $150.000 $150,000 ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY) 09/23/2009 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATlDN Gulfshore Insurance, Inc. DNL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4100 Goodlette Road North HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Naples, FL 34103 -3303 239 261-3646 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A" Cincinnati Insurance Company Naples Botanical Garden, Inc. INSURER B: 4820 Bayshore Drive INSURER C Naples. FL 34112-7337 INSURER D: INSURER E Client#: 38387 NAPB01 16F3 COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS I PJll-i~~J~~~8~~E Pg~;J 1~~~6'tWN LT. NS. TYPE OF INSURANCE POLICY NUMBER LIMITS A ~NERAL LIABILITY CAP5879977 11/12/08 11/12/09 EACH OCCURRENCE '500 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED '50 000 I CLAIMS MADE [Xl OCCUR MED EXP (Anyone person) '5000 - PERSONAL & ADV INJURY '500 000 - GENERAL AGGREGATE .1 000 000 ~'L AGG~EnE ILlMIT APMS PER: PRODUCTS - COMP/OP AGG .1 000 000 POLICY j~8T LOC A ~TOMOBILE LIABILITY CAP5879977 11/12/08 11/12/09 COMBINED SINGLE LIMIT lL ANY AUTO (Eaaccidenl) $1,000,000 - ALL OWNED AUTOS BODILY INJURY . SCHEDULED AUTOS (PHrperson) X HIRED AUTOS BODILY INJURY ~ . -"- NON-OWNED AUTOS (Per accident} - PROPERTY DAMAGE $ (Per accident} ~RAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EAACC $ AUTO ONLY' AGG . A ~ESSIUMBRELlA LIABILITY CAP5879977 11/12/08 11/12/09 EACH OCCURRENCE $5 000 000 X OCCUR D CLAIMS MADE AGGREGATE $5 000 000 $ ~ DEDUCTIBLE . X RETENTION .0 . WORKERS COMPENSATION AND I T~~J;r~~~~ I IOJ~- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? EL DISEASE EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT . OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate Holder is Named as Additional Insured As Respects to: General Liability Only CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners & The Tourist Development Council 3301 East Tamiami Trail Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAil ---10...... DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE lEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE INSURER, ITS AGENTS OR ACORD 25 (2001108) 1 of 2 #S378319/M345157 NSA @ ACORD CORPORATION 1988 - IMPORTANT If the certificate holde, is an ADDITIONAL INSURED. the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 16r~ ACORD 25-$ (2001/06) #S378319/M345157 2 of2 WCOOOO01 A0209 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY INFORMATION PAGE 16F3 ~ Renewal 0 Reissue EVEREST NATIONAL INSURANCE COMPANY (A stock company) NCCI Carrier Code: 28312 477 Martinsville Road Liberty Corner, NJ 07938-0830 Telephone Number: 800-438-4375 o New o Rewrite Policy No. 5400000061091 Prior Policy No: 5400000061081 Account No: P540409354 1. The Insured: NAPLES BOTANICAL GARDENS Branch Code: 003 Producer: PBOA, INC ~ Mailing address: 4820 BAYSHORE DR NAPLES, FL 34112 Address: 1800 SECOND STREET SUITE 909 SARASOTA, FL 34236-0000 Sub-producer: PAYCHEX AGENCY INC. 150 SAWGRASS DRIVE Addrnss: ROCHESTER NY 14620 o Individual 0 Partnership 0 Corporation 0 Joint Venture [1Q Other NON PROFIT FEIN: SEE EXTENSION OF INFORMATION PAGE.. NAMED INSURED, IDENTIFICATION NUMBERS AND OTHER WORKPLACES SCHEDULE. Other Workplaces not shown above: SEE EXTENSION OF INFORMATION PAGE.. NAMED INSURED, IDENTIFICATION NUMBERS AND OTHER WORKPLACES SCHEDULE. 2. Thepolicyperiodisfrom 02-01-2009 Time at the Insured's mailing address. to 02-01-2010 effective 12:01 a.m. Standard o This is a three-year fixed policy Anniversary Rate Date: 3. A. Workers Compensation Insurance: Part One of the policy applies to the Workers Compensation Law of the states or territories listed here: FL B. Employers liability Insurance: Part Two of the policy applies to work in each state or territory listed In Item 3.A. The limits of our liability under Part Two are: Bodily Injury by Accident $ 100,000 each accident Bodily Injury by Disease $ 500,000 policy limit Bodily Injury by Disease $ 100,000 each employee C. Other States Insurance: Part Three of the policy applies to the states or territories, if any, listed here: All states EXCEPT those listed in item 3.A. of the Information Page and the following states or territories: HI NC ND OH PR VT VI WA WY D. This policy includes these endorsements and schedules: SEE EXTENSION OF INFORMATION PAGE.. SCHEDULE OF FORMS AND ENDORSEMENTS. 4. The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates and Rating Plans. All information required below is subject to verification and change by audit. SEE EXTENSION OF INFORMATION PAGE.. CLASSIFICATION SCHEDULE/PREMIUM ELEMENTS. Minimum Premium $ 515 Total Estimated Annual Premium $ 16,867 Expense Constant $ 200 If Indicated below, interim adjustments of premium shall be made: Total Estimated Charge $ 16,867 o Semi-annually 0 Quarterly 0 Monthly Deposit Premium $ CounterSigned by - '(;f:f tC= ~ Date LA __~ Includes copynghted matenal of National CounCIl on Compensation Insurance, Inc. used With Its pe miSSion @ 1988, 1991 Neel INSURED COPY 16F3 MEMORANDUM DATE: November 17,2009 TO: Lyn Wood, Contract Specialist Purchasing Department FROM: Teresa Polaski, Deputy Clerk Minutes and Records Department RE: Contract #09-5321: "2010 Tourism Grant Agreement" Contractor: Children's Museum of Naples Enclosed, please find one (1) original, referenced above (Agenda Item #16F3) approved by the Board of County Commissioners on Tuesday, September 29, 2009. An original Agreement is being held in the Minutes and Records Department in the Official Records of the Board's If you should have any questions, you may contact me at 252-8411. Thank you, Enclosures ./ ."------~--.-- ITEfNO.: Cfl'{X2C'O) ~ FILE NO.: ". , ,~-. ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: October 14, 2009 Contractors: ~hildren's Museum of Naples, Inc. Freedom Memorial Task Force Holocaust Museum of SW Florida Naples Art Association, Inc. d/b/a von Liebig Art Center Naples Botanical Garden, Inc. Naples Museum of Art, Inc. Naples Zoo, Inc. South Florida National Park Trust, Inc. Marco Island Historical Society, Inc. - Marco Island Museum ~ Ie c.. GI--, J)LU- ~ 1\ J 11 tVLhye ok- Contract: #09-5321 "2010 Tourism Grant Agreement" .J ,)/'-h1 ~~<; -r~ UN IV_l. I <tv I3L-L J-v {s7 'J Y7 ~ rvt 1/)J6J~1 Office of the County Attorney Jeff Klatzkow To: From: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department, Extension 2667 k Re: BACKGROUND OF REQUEST: This Contract was approved by the BCC on Agenda Item 16.F.3 S.plemb., 29, 2009, ~ This item has not been previously submitted. Contract review and approval. ~~\~~& \~ \\ \~ {)9 ACTION REQUESTED: 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. C: Jack Wert, Tourism MEMORANDUM 16F3 TO: Ray Carter Risk Management Department FROM: Lyn M. Wood, C.P.M., Contract Specialist J uh, r- Purchasing Department (f\~' DATE: October 14, 2009 RE: Review Insurance for Contract: #09-5321 "2010 Tourism Grant Agreement" Contractors: vt:hildren's Museum of Naples, Inc. Freedom Memorial Task Force Holocaust Museum of SW Florida Naples Art Association, Inc. d/b/a von Liebig Art Center Naples Botanical Garden, Inc. Naples Museum of Art, Inc. Naples Zoo, Inc. South Florida National Park Trust, Inc. Marco Island Historical Society, Inc. - Marco Island Museum This Contract was approved by the BCC on September 29, 2009, Agenda Item 16.F.3 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. C: Jack Wert, Tourism DATE RecrIVED OCT 1 5 2009 RISK IWWiEMENT !Jrrv f/) , C;.r{ / /() 21( /t? '1 dod/LMW RLS # /)1-I'tP~ - ,J(38F; CHECKLIST FOR REVIEWING CONTRACTS . Entity Name: 1'111 /...1'>~~/015 /U/f ,'Pt..au (JP= /l,.~4ktS. . /,\)(1 , Entity name COlTeet on contract? Entity registered with FL Sec. of State? .rL'" Yes ~Yes 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 $ 3M] DO V Products/Compl/Op Required $ . Personal & Advert Required $ Each Occurrence Required $ Fire/Prop Damage Required $ Automobile Liability Bodily lnj & Prop Required $ 7"")7 (>>J Workers Compensation Each accident Required $ Disease Aggregate Required $c,-rA1". . Disease Each Empl Required $ - 1.11U1"') Umbrella Liability Each Occurrence Provided $____ Aggregate Provided $ Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ _ Per Aggregate Required $__.___ Other Insurance Each Occur Type: ..,/Yes -LL: Yes V Yes ~Yes Provided $ ;), t..AI '-- Provided $ II Provided $ r M ( L Provided $ -----L~_ Provided $ 3= CIP ~t/' ~- Provided $ ''''-'L_ Provided $ Provided $ Provided $ soc. OM , I. " Exp. Date n/, (7W1 Exp. Date I (f Exp. Date \ { Exp. Date ~~ Exp. Date I I Exp Date \\/1 (2NR' , V3(?C!(O " Exp Date Exp Date Exp Date _ " Exp Date" ____ Exp Date __. Yes Provided $ Provided $ Required $ Provided $ County required to be named as additional insured? County named as additional insured? ~Yes .0' es Indemnification Does indemnification meet County standards? Is County indenmifying other party? VYes Yes Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond _ Does dollar amount match contract? Agent registered in Florida? Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? Yes Yes Yes ~Yes _~Yes ~Yes ~Yes Attachments Are all required attachments included? LYes Exp. Date Exp. Date __No No No ~No Yes _No Yes Yes ~o ~o \/"No No _No No No 16F3 No No No No No No No Exp Date ___ No No n '. J.J' Y ,"-~ ,0- k'l /' ) L~( t'{'- , 1"i;. ~pl)j}.1t ~"j) c\- f'J!:Sl'>\~o (A"'-" f ~./L M(,{l, Cr#PJ (<lr. I" . f\ ("I Vi ! (Ii 17 t\j, \. f)t': -'~.r"t -(110 tl/'- .'1 \:lll!-. C,I ,..,.. <[I- , --('0 --/- /;:: No "'- Reviewer Initials: AJ.IL~ D," fifo-Pllf 04-COA- 1030222 www.sunbiz.org - Department of State pag116'} 3 Home Contact Us E-Filing Services Document Searches Forms Help prevlQ!,.I~__Qn List Nel!LonList Return To List IEntity Name Search Submit I eY_~nt~_ NarTleHJ~tQ1Y Detail by Entity Name Florida Non Profit Corporation CHILDREN'S MUSEUM OF NAPLES, INC. Filing Information Document Number N02000003841 FEI/EIN Number 010687133 Date Filed OS/20/2002 State FL Status ACTIVE Last Event NAME CHANGE AMENDMENT Event Date Filed 06/02/2003 Event Effective Date NONE Principal Address 821 FIFTH AVENUE SOUTH SUITE 201 NAPLES FL 34102 US Changed 06/16/2003 Mailing Address P.O. BOX 2423 NAPLES FL 34106 US Changed 06/16/2003 Registered Agent Name & Address BARNETT. LISA H 821 FIFTH AVENUE SOUTH SUITE 201 NAPLES FL 34102 Name Changed: 06/16/2003 Address Changed: 06/16/2003 OfficerlDirector Detail .i<jlfrrie& Address Title PD KOESTER. JULIE P.O. BOX 2423 NAPLES FL 34106 TitleVD BECKER. PAM http://www.sunbiz.org/scripts/cordct.cxc?action~f)FIVI [,&inq doc l1umbcrccN020000038... 8/31/2009 www.sunbiz.org - Department of State PO BOX 2423 NAPLES FL 34106 Title SD BARNETT-BUCKHEIT, KIM P.O. BOX 2423 NAPLES FL 34106 TitleTD BARNETT, LISA H P.O. BOX 2423 NAPLES FL 34106 Title D LOOS. ALL YSON P.O. BOX 2423 NAPLES FL 34106 Title D LUTGERT. SIMONE P.O. BOX 2423 NAPLES FL 34106 Annual Reports Report Year Filed Date 2007 04/09/2007 2008 02/21/2008 2009 04/29/2009 Document Images 04/29/2009 -- ANNUAL REPORT 02/21/2008 -- ANNUAL REPORT 04/09/2007 -- ANNUAL REPORT 03/31/2006 -- ANNUAL REPORT 01/14/2005 -,,-ANNUAL REPORT Q<\/30/200_4 -- ANNUAL REPORT 06/16/2003 -- ANNUAL REPORT 06/02/2003 --Name Change 08/26/2002 c-_Amendment Q912Q/2002 -- Domestic Non-Profit Page 2 01'2 16F3 View Image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDFformat View image in PDF format View image in PDF format View image in PDF format View image In PDF format Note: This is not official record. See documents jf question or c~;:;f1ktl Pr~-",JQ_lJ$:__Q-"J",ist E;yents Na.me History N(t)(J on List R~turn To List IEntity Name Search Submit I I Horne I Contact LIS I Document Searc!ws I L-lilill~] S('rvlCes I Fonns I Help I Ccn)Vriuilt and Privacy Policies CopyrightL )OO! Stille of Florida, Depurtmcl1t of Stille. http://www.sunbiz.org/scripts/cordcl.cxc'iaction-f) E'n:! I ,&incLdoc _null1hcr~N02()000()3 8... 8/31/2009 16F3 2010 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CHILDREN'S MUSEUM OF NAPLES, INC. THIS AGREEMENT, is made and entered into this 29th day of September, 2009, 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 Plan provides that certain of tile 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 Grand Opening marketing expenses; and WHEREAS, The Tourist Development Council has recommended funding for the promotion of GRANTEE'S Grand Opening; 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 CONSlDERA TION, IT IS MUTUALLY AGREED AS FOLLOWS: I. 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, but not be limited to: 09-532 I Children's Museum of Naples, Inc. 16F3 (i) Advertising and promotional expenses in media outside of Collier County to increase the number of visitors to Collier County. (ii) The development of a social networking media web site promoting the Grand Opening of the Children's Museum. 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Seventy-Five Thousand Dollars ($75,000). 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 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 by September 30, 2010 to be eligible for payment. 09-5321 2 Children's Museum of Naples, Inc. 16F3 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described III Paragraph One (I) 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. Cd) 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: BODIL Y 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. 09-5321 Children's Museum of Naples, Inc. 3 16F3 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, 20 JO. e d) Each report shall identifY the amount spent, the dutics 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 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. 09-5321 Children's Museum of Naples, Inc. 4 16F3 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 attomeys' fees and paralegals' fees, to the cxtent 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, FL 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, 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 containcd 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 09-5321 Children's Museum of Naples, Inc. 5 16F3 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 ofthis Agreement. 13. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, docmnents, 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, docmnents, 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 09-5321 Children's Museum of Naples, Inc. 6 16F3 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. 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 3 I, 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 and 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. ..i'" '" ,'~ CK, Clerk k BOARD O~C UNTY COMMI... . SSIONERS COLLIER TY, FLORIDly ~I ' - ! /) By: ih-rl' ....../ cY./..<t.-k"'1 DONNA FIALA, Chairman iJ"t~ to o..~ I ~ -"Oftl. Approved as to form and ~fficie~ ~ ill ( ~ l iMP~1 &... ,. ~ IH?-. Colleen Greene Assistant County Attorney Uem# f /,f ~ Agenda 'it'lC\,~G Dala ~r 09-5321 Children's Museum of Naples, Inc. 7 I '1-/~ ~ WITNESSES: (I) ~M,cv;;(? KCU1:/v ~tiv Printed/Typed Name (2) ~ .Jo~ G:::> x Printed/Typed Name GRANTEE: CHILDREN'S MUSEUM OF NAPLES, INC. BY: "\.. "~W'-Kr Printed/Typed Name PRESIDEI'JT . Printcd/Typed Title 09-5321 Children's Museum of Naples, Inc. 8 16F3 16F3 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 folfowina 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. 09-5321 Children's Museum of Naples, Inc. 9 16F3 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 followinQ Questions to identifv the status of the fJroiect. Submit this refJort at least Quarterlv. INTERIM - These questions will identify the current status of the project. After the TDC staff reviews this Interim Status Report, ifthey 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 Children's Museum of Naples, Inc. 10 16F3 EXHmIT "c" 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 fo/lowinQ Questions for each element in vaur 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 Children's Museum of Naples, Inc. 11 16F3 EXHIDIT "D" REQUEST FOR FUNDS COlLIER COUNTY TOURIST DEVELOPMENT COUNCil EVENT NAME ORGANIZATION ADDRESS CONTAcr PERSON TELEPHONE I REQUEST PERIOD FROM TO REQUEST # ( ) INTERIM REPORT ( ) FINAL REPORT TOTAL CONTRAcr 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, consistentlv 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 Children's Museum of Naples, Inc. 12 Naples @ Marco Island ~ Everglades P'AR:A DIS" COAST- 16F3 EXHffiIT "E" VISITOR QUESTIONNAIRE Welcome to the Paradise Coast 'M. 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 AlTRACTIONS. NAME: ADDRESS: DATE OF ARRIVAL: WHERE ARE YOU 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 ( ) 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 Naples Museum of Art Sugden Theatre Naples Philharmonic Art Galleries Other SHOPPING AND DINING Fifth Avenue South Third Street South Waterside Shops VenetIan Bay Bayfront Tin City Prime Outlets Other HOTEL/RESORT CITY DATE OF DEPARTURE: FRIENDS/FAMilY ST ZIP CONDOMINIUM TRAVEL AGENT ( FAMILY ATTRACTIONS Naples Zoo Naples Botanical Garden Fun 'n Sun Water Park Swamp Buggy Race Mini Golf King Richard's Fun Park Other Beaches Na pies Pier Shelling Fishing Boating Kayaking Everglades Tour County Parks National Park State Parks Corkscrew Swamp Conservancy of SW Fl lake Trafford Other Other SIGHTSEEING lunch/Dinner Cruisel Sunset Cruise City Trolley Tour Everglades Tour Segway Tour Dolphin Cruise Other RElAXATION & ENTERTAINMENT Golf Spa Shelling Seminole Casino lounges & Clubs Music Other 09-5321 Children's Museum of Naples, Inc. 13 16F3 EXHIBIT "F" Children's Museum of Naples, Inc. Project Budget FundinQ - Not to Exceed Grand Opening Marketing Campaign $75,000 Total: $75,000 09-5321 Children's Museum of Naples, Inc. 14 ACORD~ CERTIFICATE OF LIABILITY INSURANCE ,I DATE (MMIDDIYYYY) 9/17/2009 PRODUCER Phone: 239-262-7171 Fax: 239-262-5360 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Lutgert Insurance - Naples ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND. OR PO Box 112500 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Naples FL 34108 . INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Southern-Owners 0190 Children's Museum of Naples INSURERS: FCCI Insurance Comnanv 104570 PO Box 2423 Naples FL 34106 INSURER e: - INSURER D: INSURER E: 1~'F3 COVERAGES THE POI,TeIES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. lri: ~~ POLlCY NUMBER P~N~~~~~8~,E P~i!fJ,~':'~~N LIMITS A ~NERAL LIABILITY 0823122071418808 11/1/2008 11/1/2009 EACH OCCURRENCE , 1 000 000 DAM NTED X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurenca '300 000 ) CLAIMS MADE [X] OCCUR , MED EXP (Anyone person) $10 000 - PERSONAl & ADV INJURY '1 000 000 - GENERAl AGGREGATE '2 000 000 -il~ AGG~EnE LIMIT APnS ~ER: PRODUCTS-COM~OPAGG '2 000 000 X POUCY f~J?r LaC A ~TOMOBILE LIABILITY 0823122071418808 11/1/2008 11/1/2009 COMBINED SINGLE LIMIT ANY AUTO (Eaaccident) $1,000,000 - -- - ALL OWNED AUTOS BODILY INJURY (Perpetson) , - SCHEDULED AUTOS )L HIRED AUTOS BOOIL Y INJURY (Peraccideni) , )L NON-OWNED AUTOS - PROPERTY DAMAGE , (Peraccidenl) =iG'L1ABILITY AUTO ONLY. EA ACClDENT , . ANY AUTO OTHER THAN EAACC , AUTO ONLY: AGG , =:J~SSJUMBRElLA LIABILITY EACH OCCURRENCE , OCCUR 0 CLAIMS MADE AGGREGATE , , =1,D'DUCTIBLE , RETENTION , , B WORKERS COMPENSATION AND 001WC08A59657 4/3/2009 4/3/2010 .!C I T~~ST~TI"!-~ Ix IO!~- Hi,-,-her Limit EMPLOYERS' LIABILITY ANY PROPRrETDR/PARTNERfEXECUTIVE E.l. EACH ACCIDENT , 500 000 OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE , 500 000 ~p~tl~p~~Y1S1gNS belOW E.L. DISEASE - Pouey UMIT '500 000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS ffice non-profit ontract # 09-5321 "Tourism Grant Agreement-Children's Museum of Naples" oIlier County Board of county Commissioners and the Tourist Development Council are addtional insured with regards to he above contract. Collier county Board of and Tourist Development 3301 East Tamiami Trail Naples FL 34112 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED .' BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER County Commlssloners WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE Council CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO East SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. CERTIFICATE HOLDER AUTHORIZED REPRESENT ATIV ACORD 25 (2001/08) MEMORANDUM 16F3 DATE: November 17, 2009 TO: Lyn Wood, Contract Specialist Purchasing Department FROM: Teresa Polaski, Deputy Clerk Minutes and Records Department RE: Contract #09-5321: "2010 Tourism Grant Agreement" Contractor: South Florida National Park Trust, Inc. Enclosed, please find one (1) original, referenced above (Agenda Item #16F3) approved by the Board of County Commissioners on Tuesday, September 29, 2009. An original Agreement is being held in the Minutes and Records Department in the Official Records of the Board's If you should have any questions, you may contact me at 252-8411. Thank you, Enclosures ITEM NO.: 0:\- \;>1?..Cr01 ~~~ 'bu..e rt I '1 rlA.I. E RECEIVED: 16 r-r...~." . F 3 i J7 J vq "cj.. r ~;~[~'~ V y0~ Holocaust Museum of SW Florida ~ Naples Art Association, Inc. d/b/a von Liebig Art Center ,i -'5'_r Naples Botanical Garden, Inc. \\ ~\\\ Naples Museum of Art, Inc. \" \ / , &~ ~. Naples Zoo, I nc. ~\K \}- :\, \ O~ ~outh Florida National Park Trust, Inc. '\,\~\a\ Marco Island Historical Society, Inc. - Marco Island Museum FILE NO.: ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: October 16, 2009 To: Office of the County Attorney Jeff Klatzkow -:T~ L0rgh~ J)u...Q 10)2'1 From: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department, Extension 2667 ...~~ Re: Contract: #09-5321 "2010 Tourism Grant Agreement" Contractors: Children's Museum of Naples, Inc. Freedom Memorial Task Force BACKGROUND OF REQUEST: " This Contract was approved by the BCC on September 29, Agenda Item 16.F.3 2009, / ! fr\ttV "... This item has not been previously submitted. ACTION REQUESTED: (l) /f"'< . /(1 ~ In , J I ~. ~ ~ .7' Contract review and approval. OTHER COMMENTS: ( Il '-" 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. C: Jack Wert, Tourism ,,\ , ... " ,l ~,.. (/" \ J-'~ I~ >- . \ \",'~ "7\~'~ RLS# {)q--Pre~- {J13'g~ CHECKLIST FOR REVIEWING CONTRACTS Entity Name: 5;;(/17' htJalbA Jttl4 TNhV41 Entity name correct on contract? Entity registered with FL Sec. of State? fJArPVc, 77?t.Ir(f'; (AJ(!, VYes ~es 16F3 Provided $ Exp Date_ ~Yes - No --.!.L. Y es No ----J..L'Yes No \ _Yes ~No _ ~tY-r , ~ 5 l't'" - Yes _No ~ ,yptfAJ Yes _No - {)ft1~ ~~i7oV - Yes No - ~orYI tv V-( f ~ v-t Yes ~No }l~S'D -(! ~. e ' - OJ9Porl' \. ."/-)fi(,.- 51 ()fJl - Yes ~No -(it tJfl- 10 Yes ~o .pp C(~10~ ~Yes - No t>CI'l. -----1.L::. Y es No ~Yes _No -i.L.Yes _No ~Yes No ~ Reviewer Initials: Date: 'p Z-3 Of:? 04-COA- 10301 22 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 $ ~ &l!'O Products/CompI/Op Required $ Personal & Advert Required $ Each Occurrence Required $ Fire/Prop Damage Required $ Automobile Liability Bodily Inj & Prop Required $ Provided $ Workers Compensation Each accident Required $~I Provided $ Disease Aggregate Required $ .' Provided $ Disease Each Empl Required $ {)JAI uf Provided $ Umbrella Liability Each Occurrence Provided $ Aggregate Provided $ Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ Per Aggregate Required $ Other Insurance Each Occur Type: Provided $ -Z MIL Provided $ ( ( Provided $ t i1A { L Provided $ ( ( Provided $ '3'~tJ. PO 0 I (MIL Exp Date Exp Date _Yes Provided $ Provided $ Required $ County required to be named as additional insured? County named as additional insured? Indemnification Does indemnification meet County standards? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract? Ifattached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? No No ~Yes ~Yes --L Y es ~Yes No _No No _No Exp. Date t/'{fll/ Exp. Date I { ( Exp. Date I I Exp. Date ( ( Exp. Date I I Exp Date ,rei ( 10 I Exp Date 0(~ Exp Date At VldP-V/ Exp Date ().J _No Exp. Date Exp. Date Attachments Are all required attachments included? RLS# ocr- Ptt.t.- O(?;,R,). CHECKLIST FOR REVIEWING CONTRACTS Entity Name: ~{/'-JI ~C4./bl4 J4J14 7/cIUAI_ .11A~'t/~ T.l?/'/'(f, INC<, 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 $ ~~ a!'C' 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 $ S~ 1/ Disease Aggregate Required $ /0 Disease Each Empl Required $ (;IJft' It'l!.; Umbrella Liability Each Occurrence Provided $ Aggregate Provided $ __~_ Does Umbrella sufficiently cover any undcrinsured portion? Professional Liability Each Occurrence Required $ Per Aggregate Required $ Other Insurance Each Occur Type: Entity name correct on contract? Entity registered with FL Sec. of State'> __ VYes __~cs ._.LYes ---'L'~Y es ----"""_yes _tL:_ Yes Provided $ -Z '" ( L Provided $__--1-'-,__ Provided $ t 11M L Provided $ ___.----1-'--- Provided $ 7&'0, co <.> , Exp. Date \/1/ Ill) Exp. Date ~LI.___ Exp. Date / I Exp. Date 1 f Exp. Date {I Provided $ I MIL. \I(i (iD I Exp Date Provided $____._ Provided $ Provided $ 16F3 No No No No No No Exp Date - V ('I' Exp Date 'I ....tP-V" Exp Date (}J-^' I, Exp Date Exp Date Yes Provided $ Provided $ Exp. Date __ Exp. Date Required $ ___ . County required to be named as additional insured? County named as additional insured? Indemnification Does indemnification meet County standards? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract? Ifattached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessar Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? Attachments Are all required attachments included? Provided $ ~Yes _..v::-Yes ------i.LY es Yes No ~No Yes \";\J-J '\-- \~. ,A).J .~ '\'';C\~' " yJ> ~-- "",,- ,.1 .~ ',,- \ ~ ._ ,~Jf' !. J~ i ,\,_i:,i 'ni )]\ , . ,/' ,- 'V.. 1<~ A...;V '(.1/.. rI' , .,~ #,}""V' ;) , "^ f\ " ~~jJ) \'1)../ .'J- i li"\ 11i\i.lY 'x" , No Exp Date ~ No No No . ~l';t' S "f" , ('~ ~ cppctj~ ~ !J?1'~-Z'-~-(lrjJ t'l10J1'l ('JVC fszVr,Y, '1..I~fP f'< ~ '(, 1- C,..A IV/!>- ./0/ l\iYP 1'-" \7--' ,,(D G -(((.0]. -CU ~ -(o{l--~ t>('I~e ~ 'a. ;tials: Date; 1; 2.3 C9 4-COA-( 10301 2:2' MEMORANDUM FROM: Ray Carter Risk Management Department Lyn M. Wood, C.P.M., Contract Specialist ).,.r. Purchasing Department '~J11J' 16F3 TO: DATE: October 16, 2009 RE: Review Insurance for Contract: #09-5321 "2010 Tourism Grant Agreement" Contractors: Children's Museum of Naples, Inc. Freedom Memorial Task Force Holocaust Museum of SW Florida Naples Art Association, Inc. d/b/a yon Liebig Art Center Naples Botanical Garden, Inc. Naples Museum of Art, Inc. Naples Zoo, Inc. J South Florida National Park Trust, Inc. Marco Island Historical Society, Inc. - Marco Island Museum This Contract was approved by the BCC on September 29, 2009, Agenda Item 16.F.3 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. ..:f- fA'f<~ h",l4r 17>\ l.LG tt;JI,.'<.~.( C: Jack Wert, Tourism DATE RECEIVED OCT 1 9 2009 ~~~t . /[01/t>') dod/LMW mausen 9 16F3 From: Sent: To: Cc: Subject: RaymondCarter Wednesday, October 21.20092:50 PM LynWood WertJack; mausen_g Contract 09-5321 "2010 Tourism Grant Agreement" All, I have approved the certificate of insurance for South Florida National Park Trust, Inc. for contract 09-5321 which will now be f, County Attorney's Office for their review. Thank you, Ray ~~ Manager Risk Finanace Office 239-252-8839 Cell 239-821-9370 1 SOUTH FLORIDA NATIONAL PARKS TRUST October 14, 2009 Ms. Lyn Wood Contract Specialist Collier County Purchasing Department 3301 Tamiami Trail East Naples, FL 34112 Re: Contract #09-5321 Dear Ms. Wood: The South Florida National Parks Trust is pleased to transmit two signed copies of the contract for tourism grant agreement between Collier County and our organization. I have enclosed two copics of the requested certificate of insurance - one for each copy of the contract -- which name the Collier County Board of County Commissioners and the Tourist Development Council as "additional insureds.H Please note, as an organization with just two employees -- one full-time and one part-time - there is no statutory reqwrement for tbe Trust to carry workmen's compensation covera~e. Please let me know if you have any questions. Thank you. - 13l)() South Dixie HighwJY, Suite 2203 Coral Cahles, Florida 33146 t 30,') .665.4 769 f 305.6flS .4171 www.somhfloridaparks.org 16F3 www.sunbiz.org - Department of Statc Ilg~ r23 Home Contact Us E-Filing Services Document Searches Forms Help PrevioLJ~_.Q!L,=jst Ne_~1 ~n List Return To List IEntity Name Search Submit I Event~ No Name History Detail by Entity Name Florida Non Profit Corporation SOUTH FLORIDA NATIONAL PARKS TRUST, INC. Filing Information Document Number N06000006101 FEI/EIN Number 134341209 Date Filed 05/31/2006 State FL Status ACTIVE Last Event AMENDED AND RESTATED ARTICLES Event Date Filed 12/19/2006 Event Effective Date NONE Principal Address 1390 SOUTH DIXIE HIGHWAY SUITE 2203 CORAL GABLES FL 33146 Changed 04/30/2009 Mailing Address 1390 SOUTH DIXIE HIGHWAY SU ITE 2203 CORAL GABLES FL 33146 Changed 04/30/2009 Registered_~ent Name & Addre~~ ARAZOZA & FERNANDEZ-FRAGA. P.A. 2100 SALZEDO STREET. SUITE 300 CORAL GABLES FL 33134 US Officer/Director Detail Name & Address Title CD ARAZOZA, CARLOS F 2100 SALZEDO STREET, SUITE 300 CORAL GABLES FL 33134 Title VCD MCALlLEY. NEAL 1390 SOUTH DIXIE HIGHWAY, SUITE 2203 CORAL GABLES FL 33146 Title SD http://www.suubicc.org/scripts/cordct.cxc?actiollcIWI'FII.&.iul[ doc llulllbcrccNO(,()0000610... 9/1/2009 www.sunbiz.org - Department of Slate Page 2 of2 SIEGEL, ELLEN 1390 SOUTH DIXIE HIGHWAY, SUITE 2203 CORAL GABLES FL 33146 Title TD SAIZARBITORIA, INAKI 1390 SOUTH DIXIE HIGHWAY, SUITE 2203 CORAL GABLES FL 33146 Annual Reports 16F3 Report Year Filed Dale 2007 06/07/2007 2008 04/28/2008 2009 04/30/2009 Document Images 12/19/2006 -- Amended and Restated Articles View image in PDF format View image in PDF format View Image in PDF format View image in PDF format View image in PDF format 04/30/2009 -- ANNUAL_REPQRT 04/28/2008 -- ANNUAL REPORT 06/07/200Z-,,I\NN,UAL REPORT 05/31/2006 -- Domestic NOn-,Proflt Note: This is not official record. See docu~ents if question or conflict. I Previous on List Next9n l.,.Jst Return To List I:Y~nts No Name History IEntity Name Search Submit I I HOllle I [Or1L:id LIS I Doculllent Search!,':) I f--f'ilillg S,,,rvices I I-orrns I Hell) I (opyricl:lt arlG Privacy Policies CopyrilJht ,~::' JUG! Slate of Horiddr Depdrl"rllpnt of SLile. http://www.sunbiz.org/scripts/cordcl.cxc?actioIFD I':TFI I ,&inq docnLll11bcr )\[0600000610... 9/ I 12009 16F3 2010 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE SOUTH FLORIDA NATIONAL PARKS TRUST, INC. THIS AGREEMENT, is made and entered into this 29th day of September, 2009, by and between the South Florida National Parks Trust, 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 Tourist Development Tax funds for events and exhibitions, and advertisements; and WHEREAS, the Tourist Development Council has recommended funding to support the fabrication and installation of exhibits in the Big Cypress Welcome Center. 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 thc 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: I. 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 to include, but not be limited to, the funding of exhibits to promote the Big Cypress Welcome Center (hereinafter "the Project"). 09-532 I 1 South Florida National Parks Trust, Inc. 2. PAYMENT: 16F3 (a) The maximum amount to be paid under this Agreement shall be a total of Seventeen Thousand Dollars ($17,000). GRANTEE shall be paid in accordance with fiscal procedures of the County for the cxpenditures 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 reimbursement requests must be received prior to September 30, 2010 to be eligible for payment. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described III Paragraph One (I) will be paid by COUNTY. 09-532 I 2 South Florida National Parks Trust, Inc. (b) COUNTY agrees to pay eligible expenditures incurred between October 1100 f 3 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 Agreemcnt 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 cach claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSA TTON AND EMPLOYER'S LIABILITY - Statutory (c) The Certificate of Insurance must bc delivered to the Executive Director of the CVB, or his designee, with the executcd Agreement. The GRANTEE shall not commence promotional or advertising activities which are to be funded pursuant to this Agreement until the Ccrtificate ofInsurance has been reccivcd 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, 20] O. 09-532 I 3 South Florida National Parks Trust, Inc. 16F3 Each report shall identify the amount spent, the duties performed, the services (d) 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 Big Cypress Welcome 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 (I). (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, oflicers, 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. 09~321 4 South Florida National Parks Trust, Inc. 16F3 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: Don Finefrock, Executive Director South Florida National Parks Trust 1390 South Dixie Highway, Suite 2203 Coral Gables, FL 33146 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. II. 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 South Florida National Parks Trust, Inc. 16F3 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 rcvenue 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 thc 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 I, 2009 and shall remain effective for one year until September 30, 2010. If the project is not complcted 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. Thc GRANTEE must request any extension of this term in writing at least sixty (60) days prior to the expiration of this Agrcement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one (I) 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 South Florida National Parks Trust, Inc. l6F3 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 thc 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. .~,_'..\AI y ,~,,,,,,,"';~I' Approved as to form and lega ufficiency BOARD OF C~TY COMMISSIONERS COLLIER C9rrTY, FLORIDA{ .' By: I flh.,?'...... . .,..;,1L~ DONNA FIALA, Chairman . t County Attorney ::Tf;f( E.. ""~ 1& tTf Print Name GRANTEE: SOUTH FLORIDA NATIONAL PARKS TRUST, INC. ~/ B~~~ ~~<A. Printed/Typed Name '~ Printed/Typed Title -..--"'-- iter;', if I~~~ geoda q I. '" Illtl Date ~I :~d 1tln:t07 ~ 09-5321 South Florida National Parks Trust, Inc. 7 16F3 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 followinq questions and attach it to vour 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 fhere 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 8 South Florida National Parks Trust, Inc. 16F3 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 followinq questions to identifv the status of the proiect. Submit this report at least quarter/v. 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 9 South Florida National Parks Trust, Inc. EXHIBIT "C" 16F3 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 followinq questions for each element in vour 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 South Florida National Parks Trust, Inc. EXHIBIT "D" 16F3 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 09-5321 South Florida National Parks Trust, Inc. 11 EXHIBIT "E" 16F3 Naples @ Marco Island ~- ---;: Everglades PARAOI S ~ COAST" 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: DATE OF ARRIVAL: WHERE ARE YOU STAYING? NAME OF HOTEL AND CITY/AREA: NAME OF CONDOMINIUMITIMESHARE # OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY = HOW DID YOU SELECT THE HOTEL/CONDOMINIUM? INTERNET ( ) YOUR CHOICE ( ) 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 Kayaking Conservancy of SW Other FL Lake Trafford Other HOTEL/RESORT CITY DATE OF DEPARTURE: FRIENDS/FAMILY CONDOMINIUM ST ZIP TRAVEL AGENT ( ) Other FAMILY ATTRACTIONS Naples Zoo Naples Botanical Garden Fun 'n Sun Water Park Swamp Buggy Race Mini Golf King Richard's Fun Park Other SHOPPING AND DINING Fifth Avenue South Third Street South Waterside Shops Venetian Bay Bayfront Tin City Prime Outlets SIGHTSEEING Lunch/Dinner Cruise/ Sunset Cruise City Trolley Tour Everglades Tour Segway Tour Dolphin Cruise Other RELAXATION & ENTERTAINMENT Golf Spa Shelling Seminole Casino Lounges & Clubs Music Other Other 09-5321 12 South Florida National Parks Trust, Inc. EXHIBIT "F" 16FJ South Florida National Parks Trust, Inc. Project Budget Fundina - Not to Exceed Fabrication and installation of exhibits at Big Cypress Welcome Center. $17.000 Total: $17,000 09-5321 13 South Florida National Parks Trust, Inc. ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID SB (0 w, SFNPT01 10/08/09- THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS ~O RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER Aon Assn Services, a Division of Affinity Ins. Services, Inc 1120 20th St NW Washington DC 20036 Phone:800-432-7465 Fax:202-857-0143 INSURERS AFFORDING COVERAGE NAIC# INSURED South Florida National Trust 1390 S. Dixie Highway Coral Gables FL 33146 Parks # 2203 INSURER A: INSURER B: INSuRER C: Grlililit AmeriCiln Insuran.C<lI co. INSURER 0: INSURER E: COVERAGES THE POLICIES OF INSURANCe LISTED BELOW HAVE BEEN lSSUED TO THE INSURED NAMED ABOVE FOR THE POliCY PERIOD IND1CATEO. NOTWITHSTANDING ~y REQUIREMENT, TERM OR CONDITION OF ~y 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. AGGREGATE LIMrrS S~~~_~__~~~V! ':'=-~~ ~~UCEO BY P.AIO _~~I~~ I~ TR ~SRj: TYPE OF INSURANCE POUCY NUMBER ~NERAL LIABILITY COMlVlERCIAL GENERAL LIABILITY SPP 63 6518 3 - - -'J CLAIMS MADE L~J OCCUR X Business Owners A x 01/11/09 "'gk~Cl;~%'f~Nf------- LIMITS ---------~~ I EACH OCCURRENCE l s 1000000 OJlJV[ll;GE'TO"RENTED"--"'- - ' 01/11/10 .~~~~~~~~(~a=ure~~.!L_l S 300Q_Q.9 ;~;;;~l^:Y^:~ :~:~+~ ~~ ~~~ oo-~- ~~~~.~~_~.~~GAT~___ S 2000000 PRODUCTS. COMPIOP AGG S 2000000 -'."--'. ...._.~- ._~---~- - -'--POUCY EFf!tC'I1Ve I DATEiMMlDDNY.'" - ----~_._---_. ~L AGGR~E ~~~~ AP:~;S PER: I POLICY I I JEer I I LOC ~TOMOBILE LlABlLlTY _ /<I4Y AUTO _ AlLOWNEDAUTOS SCHEOULEO AUras I SPP6365183 I I I I I I , I I I COMBINED SINGLE LIMIT (Ea<lCcidcnl) , : s 1000000 A ~ HIRED AUTOS ~l NON-QWNED AUTOS -1 01/11/09 01/11/10 BODILY INJURY (Perptlrson) -- BODIL V INJURY $ (Pereccidenl) C---- - .------ ~______._ PROpERTy DAMAGE (Peraccldenl) s s ~RAGE LIABILITY : ANY AUTO ~!:!~Y.:.~A.~.~IOENT $ OTHER THAN EA ACC $ AUTO ONLY' AGG -~~.,,-- ~ESSIUMBREltA LIABILITY ~ OCCUR n CLAIMS MADE EACH OCCURRENCE . . - ----, . AGGREGATE , 'J DEDUCTIBLE --1 RETENTION s . WORKERS COMPENSATION AND EMPLOYERS' UAEULITY ANV PROPRIETQRlPARrNERlEXECUTlVE OFF1Ct:.RIMt:.MBER EXCLUDED? ~~~11'F~~v~~gNS below OTHER I Tg,\W,:,wi I I UER E.l. EACH ACCIDENT __ $ _ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES' EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Collier Coun~y Board of Coun~y Commissioners and the Tourist Development Council are named as additional insured with respects to Contract #09-5321 lITourism Grant Agreement - South Florida National Parks Trustll CERTIFICATE HOLDER CANCELLATION COLLIER SHOULD ANV Of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA1l0i DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN Collier County Administrative Services Division, Purchasing 3301 Tamiami Trail East Naples FL 34112 CORD CORPORATION 198 ACORD 25 (2001108) 16F3 MEMORANDUM DATE: November 17, 2009 TO: Lyn Wood, Contract Specialist Purchasing Department FROM: Teresa Polaski, Deputy Clerk Minutes and Records Department RE: Contract #09-5321: "2010 Tourism Grant Agreement" Contractor: SW Fla Holocaust Museum Enclosed, please find one (1) original, referenced above (Agenda Item #16F3) approved by the Board of County Commissioners on Tuesday, September 29, 2009. An original Agreement is being held in the Minutes and Records Department in the Official Records of the Board's If you should have any questions, you may contact me at 252-8411. Thank you, Enclosures ITEM NO.: en -r~O~ ~C\I 16F3 DATE RECEIVED: \,;:: '" \ 0"1' ,.. [;1 0 {~~~-v; ,J ..(\V \f"V, \V II i FILE NO.: ROUTED TO: Date: DO NOT WRITE ABOVE THIS LINE 0::' ~[. --> ~ t-- M J,',rt J..-v / ~II\ REQUEST FOR LEGAL SERVICES ~. t L-- J-v 10 tJ ~ J > /~"'. 5f2-1 ~ October 14,2009 ..J 11)/'/.9 1 'v S~ (Loch ~~ /Ill 2- -. To: Office of the County Attorney Jeff Klatzkow From: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department, Extension 2667 ~ Re: Contract: #09-5321 "2010 Tourism Grant Agreement" Contractors: Children's Museum of Naples, Inc. Freedom Memorial Task Force C;:: v'HQ)ocausfMuseum.ef-SW Florida. Sv.l F(e, 1~()(c((.(u..:;1 iIA"~",...",,, Naples Art Association, Inc. d/b/a von Liebig Art Center Naples Botanical Garden, Inc. Naples Museum of Art, Inc. Naples Zoo, Inc. South Florida National Park Trust, Inc. Marco Island Historical Society, Inc. - Marco Island Museum BACKGROUND OF REQUEST: This Contract was approved by the BCC on September 29, 200!g,.~/o~ ._. Agenda Item 16.F.3 I '--,....a: . \~,:~~/ This item has not been previously submitted. Contract review and approval. ~\(k~ \' \1\OJ \ ,\ \ \ " ACTION REQUESTED: 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. C: Jack Wert, Tourism MEMORANDUM loF3 TO: Ray Carter Risk Management Department FROM: Lyn M. Wood, C.P.M., Contract Specialist jJr{'- Purchasing Department T \\ DATE: October 14, 2009 RE: Review Insurance for Contract: #09-5321 "2010 Tourism Grant Agreement" Contractors: Children's Museum of Naples, Inc. Freedom Memorial Task Force /HolacaustMusAlUn ofSWE1.ari.da )Vc '::-\" f-\olb(,(,~,,,--r 1'1...(<A.s('"ivI Naples Art Association, Inc. d/b/a von Liebig Art Center Naples Botanical Garden, Inc. Naples Museum of Art, Inc. Naples Zoo, Inc. South Florida National Park Trust, Inc. Marco Island Historical Society, Inc. - Marco Island Museum This Contract was approved by the BCC on September 29, 2009, Agenda Item 16.F.3 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 DATE RttErVED OCT 1 5 2009 RISK ~.N- _ /f;H#rtf;;? ?~/~l C: Jack Wert, Tourism RLS# 09-/Rt - [1/3<7/ 16 -./ CHECKLIST FOR REVIEWING CONTRACTS f ~ IfoL-O,""IJlS;i~ /vr'U!:"uM OJ,) OJ FL#'f,R ~:;;~;~~~~:~:~ 7;::t~~ Entity Name: Entity name correct on contract? Entity registered with FL Sec. of State? Yes ~~Yes 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 $ -'('0f.tJiJ Products/CompI/Op Required $~_.__~ Personal & Advert Required $ Each Occurrence Required $ Fire/Prop Damage Required $ Automobile Liability., Bodily Inj & Prop Required $ 3d9,~ Workers Compensation G Each accident Required $ C """\ (, DIsease Aggregate Required $ tit-I CfS DIsease Each Empl ReqUIred $ _~: Umbrella Liability Each Occurrence Provided .$ Aggregate Provided $ Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ Per Aggregate Required $ Other Insurance Each Occur Type:_____ _~ /,Yes vYes Yes ~Yes Provided $ '2- M ( L Provided $ l I Provided $ I ~A I L Provided $ ~__ Provided $ ~"-- ..\~~o~lded $_~ Provided $ I to wo Provided $ t <;-flt:' Ct\\ Provided $ /to)'fO No No _--",,-No No Exp. Date !If z 12_ tl C E D I' xp. ate_~ Exp. Date \ ( Exp. Date l ( Exp. Date l , t ..0 C\ (;t'[ ,-/OJ \'Ie; '~I Exp Date Exp Date Exp Date Exp Date sit?! cer/) I ( Exp Date_~_ Exp Date Yes Provided $ Provided $ Required $ Provided $ County required to be named as additional insured? County named as additional insured? ~~Yes ~~Yes Indemnification Does indenmitication meet County standards? Is County indemnifying other party? ---vL" Yes Yes Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? No Exp. Date Exp. Date Exp Date_ No _No No ~No Yes No Yes Yes No No Yes '7 =Yes :?'2 Yes . _~v_Yes No No No No / __-,LYes _,-",Yes _ v:::yes Attachments Are all required attachments included? /Yes --V- No No ___No No ( -R'~';-;we'In;"'I"~ Date:~? 04-COA- lOJO 222 www.sunbiz.org- Department of State Page I of2 3 Home Contact Us E-Filing Services Document Searches Forms Help Previou$ Qn Ll,ett Next on List Return To List Entity Name Search I Submit I Events No Name History Detail by Entity Name Florida Non Profit Corporation SOUTHWEST FLORIDA HOLOCAUST MUSEUM INC. Filing Information Document Number N01000000676 FEI/EIN Number 593740883 Date Filed 01/29/2001 State FL Status ACTIVE Last Event AMENDMENT 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 NO. STE 7 NAPLES FL 34103 Changed 09/17/2002 Registered Agent Nam~ & Address BIALEK. JOSHUA ( 5801 PELICAN BAY BLVD STE 300 i \ NAPLES FL 34108 US . Name Changed: 05/01/2009 Address Changed: 02/23/2006 Officer/Director Detail Name & Address Title DIR HOMER. HEL TER 1100 9TH STREET S. C-102 NAPLES FL 34102 TitleVP HIRSCHOVITS, FRED http://ccfcorp.dos.state.fl. us/scripts/cordct.exe?action=D ETFIL&inCL doc _ number=NO 1 0... 10/28/2009 .www.sunbiz.org - Department of State Page 2 of2 60 SEAGATE DRIVE, #1704 NAPLES FL 34103 Title DIR BIALEK, JOSHUA 5801 PELICAN BAY BLVD #300 NAPLES FL 34108 Tille DIR NORTMAN. JACK 4400 GULF SHORE BLVD N UN IT 405 NAPLES FL 34103 Title DIR HENDEL, MURRAY 4301 GULF SHORE BLVD NORTH NAPLES FL 34103 Title PRE CAHNERS, ROBERT 2200 SHEEPSHEAD DR NAPLES FL 34102 Annual Reports 16F3 Report Year Filed Date 2007 02/08/2007 2008 04/15/2008 2009 05/0112009 Document Images 05/01/2009 -- ANNUAL REPORT [ 04/15/2008 -- ANNUAL REPORT l 02/08/2007 -- ANNUAL REPORT l 02/23/2006 -- ANNUAL REPORT I 01/24/2005 -- ANNUAL REPORT I 03/01/2004 -- ANNUAL REPORT I 01/23/2003 -- ANNUAL REPORT I 09/17/2002 -- ANNUAL REPORT I 12/03/2001 -- Amendment I 08/27/2001 -- Reg. Agent Change l 01/29/2001 _ Domesti, Non-Profit I View image in PDF format ) View image in PDF format J View image in PDF format ] View image in PDF format J View image in PDF format ] View image in PDF format ] View image In PDF format J View image in PDF format I View image In PDF format I View image in PDF format ] View image in PDF format ) I Note: This is not official record. See documents if question or conflict. I Pr~\{iQYSQnJJst Next on_List Return To List Entity Name Search I Submit I EVents No Name History I Home I COlltact IJS I Document Sei'lrCI1eS I FFilillq Services I h)lf1ls I Help I CUPVriClllt and f'llvaev Policies Copyright :c> 2007 State of Florid,~, Department of Stelte, http://ccfcorp.dos.state. fl. us/scripts/cordet.exe?action= DETFIL&inq_ doc __ number=NO I 0... 10/28/2009 11-06-09 15:42 1 I{Vtll ",VIJ" I". vo From-Porter Wriaht ~orri, & Arthur llP. POOI/OOI ~91f);:- ~ 2395932991 T-170 .Lrnfl _!hiliolocaust ~tiseum of SOuthwest Florida To 7671 on Data: 4760 Tdm.i"m! T~il North, Suite ., ~ru:Ultwocd SqlIarB. Naples, FL 3410:3 239.263-IlliOO '" 239-263-9500 hIx www.hmswfl.org "narlproAl:iOlf,x"lr;:QI'pQritlpn Prerj;ltt~l'lt Rob&rt M. c.hnets ~u:Jding ~fesldent .Anl'1 Jacobson Past PfeslQliil:"~ lltturray Hendel Godfmy levy Jack Nottman Vlte PresidQl1~ Chatfes O,lWt8Y Hom~t HeltQl' Fred HirschcvllS Treasuref Merrill KuHer Sr:cr~ry Godfrey Levy Dlr~(.:tor.,; JO$hua B~lQt!; B.rb.... Gojd~...g Sheldon Goldberg ~on.1d E. !\apl". LQrie MaYDr. l.if@ Msmber Rlc:hard YovanQvic/'1 A"'<ISOry a~fd Mayor Bill Barnett. Clulk- Dt. J~fftey $, AlIt;lrJttel\ Senotor Osve A~n~rg Joel Ban9w Gilbert Block Rc.salee 8a~ Dr. Wll,on Brad,haw Ccrn\1'lics.loner Fred Coyle Nlchclla$ He:.1IIy, Jr. Slu.rt Kayo R~v_ Dr. .f(~t)leen Kircf\er Dr. Stoph.. M.c~ Rabbi EdwOlr<l Maline AMf~W McElwaine Or. Terry P. McMi1hillll Shenrr KiWln RamlXl~ senator Garrett Rlehtel' Amb. F(,Bl'leis Rooney (R~t.) Hadali$an Scnulman Dr. SeYf\'IOLlrT3.ftel: Petet Thomas Df. Denl'!l$ Th:ompiQrJ CtllqfTIlO!'MS ~t:hJer D~vid Willel'l.$ Phillip R. Wood Rabbi Ffs.Jw1 Zakh'D Ftom CD. Co.lDept. pnoM' 5f3--02"7&';;!.. phone '<2/;.;)- (P51 Fa>< . Fax # November 6, 2009 To Whom It May Concern: This letter serves as confirmation that Godfrey Levy, Director of the Holocaust Museum of Southwest Florida, is authorized by the Board of Directors to apply fur the 2009-2010 TOC Grant, and to sign any agreements that obligate the Corporation to these funds. Name: ~Oshll.CL ~dL ~ .>...~,~... / /.....- . otary Public: ~~~ ~JQ~ ,~,,~ 't.i''A'''t~ I-....~ ""Ii'!'..w -~~~, \.J!I.A DA!INEU- MY COMMISSION' DD 4~93lI EXPIRES; NOVllmber 2!i. 2009 ~lllruNowyP\lbliC~ 16F3 2010 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE SOUTHWEST FLORIDA HOLOCAUST MUSEUM THIS AGREEMENT is made and entered into this 29th day of September, 2009, by and between the Southwest Florida Holocaust Museum, 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, enlargc, 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 to continue to kcep the Boxcar Exhibit in the public eye through public relations efforts; and WHEREAS, the Tourist Development Council has recommended funding to promote the museum's Boxcar Exhibit out of market public relations; 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: I. SCOPE OF WORK: (a) In accordance with the authorized expenditures as set forth in the Budget, attached hereto as Exhibit "F", thc GRANTEE shall expend the funds to promote its exhibits out of 09-5321 SW Florida Holocaust Museum 1 16F3 market (hereinafter "the Project"), to include, but not be limited to, out of Collier County advertising costs, website upgrades, and promotional print materials. 2. PAYMENT: (a) The maximum amount to be paid under this Agreement shall be a total of Eighty Thousand Dollars ($80,000). GRANTEE shall be paid in accordance with fiscal procedures of the County for the expenditures incurred as described in Paragraph One (l) 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 copes 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 budgetcd 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 (l 0%) 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. (I) All requests for reimbursement must be received prior to September 30,2010 to be eligible for payment. 3. ELIGIBLE EXPENDITURES: 09-5321 SW Florida Holocaust Museum 2 (a) 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 ofthis Agreement or any extension or rcnewal thereof. Only eligible expenditures described III Paragraph One (I) will be paid by 1 6 F 3 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 ofInsurance 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 SW Florida Holocaust Museum 3 16F3 (c) GRANTEE shall provide to County a final status report on the form attached hereto as Exhibit "C" no later than October 31, 20 I O. (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 Southwest Florida Holocaust Museum 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 SW Florida Holocaust Museum 4 16F3 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: Godfrey Levy, Acting Executive Director Southwest Florida Holocaust Museum 4760 Tamiami Trail North, Suite 7 Naples, FL 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, 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. 09-5321 SW Florida Holocaust Museum 5 16F3 11. TERMINATION: (a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination specifYing the effective date of termination. (b) If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the termination so long as such expenses are eligible. 12. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records. All revenue related to the Agreement must be recorded, and all expenditures must be incurred within the term of this Agreement. 13. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement for a period of three (3) years. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any transactions related to this Agreement. 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. IS. TERM: This Agreement shall become effective on October I, 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 (l) year term in order to complete the Project must be at the express consent of the Collier County Board of County Commissioners. 09-532 I SW Florida Holocaust Museum 6 16F3 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 ALUATION 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, 20 I O. 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 web site address to qualifY for reimbursement.. 19. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the partics, 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 tirst above written. ". J',' CK, Clerk ~ BOARD OFfdO NT Y COM.M IS..SIONE RS COLLIER CO TY, FLORIDA, I. ' ',. 'f/t 'i,....// By: '" tt__,......_ .... ,'/." <..J" DONNA'FIALA, Chairman lll~:et~ ~,~~ ; Approved as to form and &:)iep J~l A;.,;,lan[ County Attorney b.- p....Iy '-.( CO<l 11 j? /~...-L Print Name ~ J Item # l~r? 09-5321 SW Florida Holocaust Museum 7 Agen.da Q , ')~ IV; Date ~. Date \\I.~l~ ~ Depu Clerk (I) (2) ~ "^. ~ ,--,J~ VIA.. ~ ~G-.-\. Printed/Typed Name 09-5321 SW Florida Holocaust Museum 16F3 GRANTEE: SOUTHWEST FLORIDA HOLOCAUST MUSEUM, INC. BY: c .--=- ... '0....'" . c~ ~~'--\ \ G,~D F0-e-, Printed/Typed Name bi \2..~ C:;::--o (2- 1\,-\\ ~ <Q t de L C0 ~'- \.1 ;:- Printed/Typed Tit e ~~ ('\. t- c..;( C) ,"L.. . 8 EXHIBIT "A" Collier County Tourist Development Council Preliminary Status Report 16F3 EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: ------------------------------------------------------------------- ------------------------------------------------------------------- On an attached sheet. answer the followinq questions and attach it to vour 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. 09-532 I SW Florida Holocaust Museum 9 EXHIBIT "B" 1 6 F 3 Collier County Tourist Development Council I nterim Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: ------------------------------------------------------------------- ------------------------------------------------------------------- On an attached sheet. answer the followinq questions to identify the status of the proiect. Submit this report at least quarter/v. 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 SW Florida Holocaust Museum 10 EXHIBIT "c" 16F3 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 followinq questions for each element in vour 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 SW Florida Holocaust Museum EXHIBIT "D" 16F3 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 09-5321 SW Florida Holocaust Museum 12 16F3 EXHIBIT "E" Naples @ Marco Island ~ Everglades PARA 0 I SE C OAST~ 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: DATE OF ARRIVAL: WHERE ARE YOU 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 ( ) 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 Kayaking Conservancy of SW Other FL Lake Trafford Other HOTEL/RESORT CITY DATE OF DEPARTURE: FRIENDS/FAMILY CONDOMINIUM ST ZIP TRAVEL AGENT ( FAMILY ATTRACTIONS Naples Zoo Naples Botanical Garden Fun 'n Sun Water Park Swamp Buggy Race Mini Golf King Richard's Fun Park Other Other SHOPPING AND DINING Fifth Avenue South Third Street South Waterside Shops Venetian Bay Bayfront Tin City Prime Outlets SIGHTSEEING Lunch/Dinner Cruisel Sunset Cruise City Trolley Tour Everglades Tour Segway Tour Dolphin Cruise Other Other RELAXATION & ENTERTAINMENT Golf Spa Shelling Seminole Casino Lounges & Clubs Music Other 09-5321 SW Florida Holocaust Museum 13 EXHIBIT "F" Southwest Florida Holocaust Museum Project Budget 16F3 FundinQ - Not to Exceed Promote Boxcar Exhibit out of market, to include, but not be limited to, printing and distribution of promotional pieces including creative design, printing, copying, advertising and distribution of direct mail $80,000 Total: $80,000 09-5321 SW Florida Holocaust Museum 14 16F3 A CORO,. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDNYVYl 9/25/2009 PRODUCER Phone: 239~262~7l71 Fax: 239-262-5360 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Lutgert Insurance - Naples ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 11.2500 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Naples FL 34108 INSURERS AFFORDING COVERAGE NAIC# - INSURED .INSURERA: The Hartford bg4ca SW FL Hnlacaust Museum,Inc. ~~URERB:T""chnCllorrv TnR r()m......~m dba Holocaust Museum of Southwest Florida 1760 Tamiami Trail North #7 INSURER c: Naples FL 34103 INSURERD: INSURER E: TH3 POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, T&RM 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 POI.IeIES _ AGGREGATS LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 0' POl.ICY NUMBER POLICY EFFEcnvE. PRi!9l,EXPlRATION LIMITS y A ~NERALLlABIL.lTY 21SBABK8190SA 8/2/2009 8/2/2010 EACH OCCURRENl;E;; S 1 noD OM i.X- =:JMERCIALGENl:KALLlABILlTY '" ISF'~ F rY:""mm: non. nnn - ~ CLAIMS MADE Ii] OCCUR MED EX? jAil)' one p(l~on) $10 nno "- PERSONAL &ADV INJURY S 1 nnn oon GENERAL AGGREGATE 52 DOn oon nl.AGG:EnUMIT APn~ER: , PRODUCTS. COMP/OP AGG $2 onn oon POLICY ~~ loe ~TOMOBllE LIABILITY COMBINEO SIf';GLE LIMIT $ ~- ANY AUTO (EBaecldeJlt) 1-. AllOWNEDAUTOS eODIL Y INJURY $ I- SCHEDULED AUTOS (Perp"'~") "- rllRED AUTOS BODILY INJURY $ "- NON.QWNEDAUTOS (Pg,,,ccidenl) - PROPERTY DAMAGE 5 (Per..""icenl) ,AGEUAB"ITY 0-UTO ONI. Y - EA ACCIDENT $ ANY AUTO ' OTHER THAN EAACC $ AUTO ONLY. AGO . 5ESSIUM'llREI.LA LIABILITY EACH OCCURRENCE $ _. OCCUR D CLAIMS MADE ~RE.GATE $ $ =1 ~EDUCTIBLE $ RETENTION $ S B WORKERS COMPENSATION AND TWC3197262 5/12/2009 5/12/2010 X l-T"YS~Ttl,}!~ I IOJ~- EMPLOYERS'L1ABIl.1TY S1 nn 000 ANY PROPRIETORlPARTNERtEXECUTIVE E..I.. EACH ACC1::lENT OFFICER/MEMBER EXCLUDED? E.l DISEASE -EAEMPLOYEE $J no onn ~PEC~~~O~IS:rJNSbelow E.L. DISEASE . POLICY LIMIT $ 500 000 OTHER DESCRIPTION OF OPER.A.TIONS Il..OCAT10NS IVEHICLES / EXCLUSIONS AODEO BY ENDORSEMENT I SPE:,CIAL PROVISIONS oIlier County Board of County Commissioners and the Tourist DevelQpmen~ council are Additional Insured with regards to ontract. CERTIFICATE HOLDER CANCELLATION COVERAGES SHOULD ANY OF THE ABOVE D~SCRIBEn POLICIES BE CANCELLED .. BEFORE THe EXPIRATION DATE THEREOF, THE ISSUING INSURER collier County Boaru of County COmm.l.S8.l.0nerO WILL ENDEAVOR TO MAIl.. 30 DAYS WRITTEN NOTICE TO TH~ and the Tourist Development Council CERTIFICATE HOLDER NAHE;) TO THE LEFT, BUT FAILURE TO DO SO 3301 Tamiami Trail East SHALL IMPOSIi: NO OBLICATION OR LIABILITY OF ANY KIND UPON Naples FL 34112 THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENT A fiVE b ACORD 25 (2001/08) IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend. extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) 16F3 MEMORANDUM DATE: November 17,2009 TO: Lyn Wood, Contract Specialist Purchasing Department FROM: Teresa Polaski, Deputy Clerk Minutes and Records Department RE: Contract #09-5321: "2010 Tourism Grant Agreement" Contractor: Freedom Memorial Task Force Enclosed, please find one (1) original, referenced above (Agenda Item #16F3) approved by the Board of County Commissioners on Tuesday, September 29, 2009. An original Agreement is being held in the Minutes and Records Department in the Official Records of the Board's If you should have any questions, you may contact me at 252-8411. Thank you, Enclosures Date: October 14, 2009 DATE REcEIVJ: 6 f 3 ~ o;J ~r) L,: is";; DO NOT WRITE ABOVE THIS L NE e) V fiZ Ie 5 ~ vJ'~' 00 l'~ y~ ~ OR I . REQUEST FOR LEGAL SERV CES ~/(bJ t.- ~ ./ ~ '1-' / ,Pt. L; I ~( ~ ~u \~\t ITEM NO,: Ctt - :v ';2..( - 0 l '51 0 FILE NO,: ROUTED TO: To: Office of the County Attorney Jeff Klatzkow From: Lyn M. Wood, C.P,M" Contract Specialist !,J,~ Purchasing Department, Extension 2667 ]If "Ji ~7 Re: Contract: #09-5321 "2010 Tourism Grant Agreement" Contractors: Children's Museum of Naples, Inc. VFreedom Memorial Task Force Holocaust Museum of SW Florida Naples Art Association, Inc, d/b/a von Liebig Art Center Naples Botanical Garden, Inc, Naples Museum of Art, Inc, Naples Zoo, Inc, South Florida National Park Trust, Inc, Marco Island Historical Society, Inc, - Marco Island Museum c;" . / BACKGROUND OF REQUEST: This Contract was approved by the BCC on Agenda Item 16.F,3 September 29, 2009, .4f--J ojO This item has not been previously submitted. Contract review and approval. ~\~~~ \ ~\11\oJ \ ACTION REQUESTED: 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, C: Jack Wert, Tourism MEMORANDUM 16fj TO: Ray Carter Risk Management Department FROM: Lyn M, Wood, C,P,M" Contract Specialist Purchasing Department w v' DATE: October 14, 2009 RE: Review Insurance for Contract: #09-5321 "2010 Tourism Grant Agreement" Contractors: Children's Museum of Naples, Inc, /Freedom Memorial Task Force Holocaust Museum of SW Florida Naples Art Association, Inc, d/b/a von Liebig Art Center Naples Botanical Garden, Inc, Naples Museum of Art, Inc, Naples Zoo, Inc, South Florida National Park Trust, Inc, Marco Island Historical Society, Inc, - Marco Island Museum This Contract was approved by the BCC on September 29, 2009, Agenda Item 16,F,3 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. C: Jack Wert, Tourism O~TE RECEIVEO OCT , 5 2009 R!5l~~pkj dod/LMW RLS # ()9 - (J12.i! - !)lst{) CHECKLIST FOR REVIEWING CONTRACTS 1 6 F 3 (f{)LLH~ (lt9o^,i?' {7!ff~ Mf'Mv'k ,AL .nt9< iOluf. Entity Name: Entity name correct on contract? Entity registered with FL Sec. of State? _Y:::::Yes Yes 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 $ jCc, [f) 0 Products/CompVOp Required $ I Personal & Advert Required $ Each Occurrence Required $ Fire/Prop Damage Required $ Automobile Liability Bodily Inj & Prop Required $ :;t;lJ (Y'-c j Workers Compensation Each accident Required $ Disease Aggregate Required $ Disease Each Empl Required $ Umbrella Liability / Each Occurrence Provided $ Aggregate Provided $ Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $____ Per Aggregate Required $ Other Insurance Each Occur Type:_______ Yes Yes Yes Yes S{f\f' /.-IILl(1) No ..L--::::N 0 -//No -VNo ---VNo ~No Exp Date Exp Date Exp Date Exp Date ___ Exp Date Yes Provided $___ Provided $ Required$__ No Exp. Date__ Exp. Date _ Provided $ ---- Exp Date__ . /Yes No Yes ~ VNo ....0 es No Yes ~No Yes No ^---- Yes No Yes No Yes ? No Yes '- No -- ." .J, - Yes No "; - ___c.L:'Yes No County required to be named as additional insured? County named as additional insured? Indemnification Does indemnification meet County standards? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? ~Yes ~_Yes V Yes Attachments Are all required attachments included? _-dYes _No No No __No . ~\.li'c.. ReViewer InitraJs: ft ' Det'FT{r 04-COA- 1030/ 22 2010 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE COLLIER COUNTY FREEDOM MEMORIAL TASK FORCE 16F3 THIS AGREEMENT, is made and entered into this 29th day of September, 2009, by and between the Collier County Freedom Memorial Task Force, 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 Tourist Development Tax funds for GRANTEE'S construction of the Freedom Memorial; and WHEREAS, The Tourist Development Council has recommended funding for the construction of the Freedom Memorial; 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 construction of the Freedom Memorial (hereinafter "the Project"), to include, but 09-5321 1 Collier County Freedom Memorial Task Force 16>F3 not be limited to: site work, landscaping, irrigation, lighting, granite pavmg, cladding and benches, state monuments, concrete and steel structure, and storm water piping. 2. PAYMENT: (a) The maximum amount to be paid W1der this Agreement shall be a total of Thirty- Nine Thousand Dollars ($39,000). GRANTEE shall be paid in accordance with the fiscal procedures of the County for the expenditures incurred as described in Paragraph One (I) herein upon submittal of a Request for FW1ds on the form attached hereto as Exhibit "D" and made a part hereof, and shall submit vendor invoices and copies of 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 COW1ty Commissioners pre-audits all payment invoices in accordance with law, ( e) GRANTEE shall be paid for its actual costs, not to exceed the total amoW1t 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 amoW1t, 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 reimbursement requests must be submitted prior to September 30, 2010 to be eligible for payment. 09~32l 2 Collier County Freedom Memorial Task Force 16F3 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described m Paragraph One (I) 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 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 REOUIREMENTS: (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. 09-5321 3 Collier County Freedom Memorial Task Force 16F3 (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. (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 CVE. (g) GRANTEE shall request that visitors to the Freedom Memorial 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 umeasonable 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, 09-5321 4 Collier County Freedom Memorial Task Force 16F3 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 indemnitied 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: Jerry Sanford, Chairman Collier County Freedom Memorial Task Force 1347 Old Oak Lane Naples, FL 34110 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served ifmailed 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, 09-5321 5 Collier County Freedom Memorial Task Force 16F3 11. TERMINATION: (a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination specifYing the effective date of termination. (b) If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the termination so long as such expenses are eligible. 12. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records. All revenue related to the Agreement must be recorded, and all expenditures must be incurred within the term of this Agreement, 13. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement for a period of three (3) years. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any transactions related to this Agreement. 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 unre1eased 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, 09-5321 6 Collier County Freedom Memorial Task Force 16. The GRANTEE must request any extension of this term in writing at least Ix9 F 3 (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. 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 signage, promotional literature and media advertising must prominently list Collier County and the Tourist Development Council as a funding source 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, A11'EST:"': . pWIGHTEr,~ROCK, Cler.kk At:..s( ,."t.o :M rr- , $I~'.i' Approved'a~to form and ~~~iE!~L l'\:5sislanl County Attorney C"p" ""'I ~C--dl! j( -U..e~ Print Name BOARD OF CO TY COMMISSIONERS COLLIER C TY, FLORIDA I ;., / -.. 'h--)'-.rf-<fl(... .' ../' /~' j/ttj/;'c By: DONNA FIALA, Chairman 09-5321 Collier County Freedom Memorial Task Force 7 It"," # &f~ :~;~'da if /!-ttLGIi Date 1\) 'J~&. ~~: Deputy Clel k 16F3 WITNESSES: GRANTEE: COLLIER COUNTY FREEDOM MEMORIAL TASK FORCE (2) ~ft", /! ~L bOIC.<:>THY N Ac.,u Printed/Typed Name Printed/Type e'/l(-t-~A-~ ~~ ;JhC~ Printed/Typed Title 09-5321 8 Collier County Freedom Memorial Task Force EXHIBIT "A" 16F3 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 followinQ 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 9 Collier County Freedom Memorial Task Force EXHIBIT "B" 16F3 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 followinq Questions to identifv the status of the proiect, Submit this report at least Quarterlv, 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 10 Collicr County Freedom Memorial Task Force EXHIBIT "c" 16F3 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 followinQ Questions for each element in your scoDe 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 Collier County Freedom Memorial Task Force EXHIBIT "D" 16F3 REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS TELEPHONE ( CONTACT PERSON 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 09-5321 12 Collier County Freedom Memorial Task Force EXHIBIT "E" 16F3 Naples @ Marco Island ~ Everglades "'A. R A D I SEe 0... S T~ 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: DATE OF ARRIVAL: WHERE ARE YOU STAYING? NAME OF HOTEL AND CITY/AREA: NAME OF CONDOMINIUMITIMESHARE # OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY = HOW DID YOU SELECT THE HOTEL/CONDOMINIUM? INTERNET ( ) YOUR CHOICE ( ) 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 Kayaking Conservancy of SW Other FL Lake Trafford Other HOTEL/RESORT CITY DATE OF DEPARTURE: FRIENDS/FAMILY CONDOMINIUM ST ZIP TRAVEL AGENT ( ) Other FAMILY ATTRACTIONS Naples Zoo Naples Botanical Garden Fun 'n Sun Water Park Swamp Buggy Race Mini Golf King Richard's Fun Park Other SHOPPING AND DINING Fifth Avenue South Third Street South Waterside Shops Venetian Bay Bayfront Tin City Prime Outlets SIGHTSEEING LunchlDinner Cruisel Sunset Cruise City Trolley Tour Everglades Tour Segway Tour Dolphin Cruise Other Other RELAXATION & ENTERTAINMENT Golf Spa Shelling Seminole Casino Lounges & Clubs Music Other 09-5321 13 Collier County Freedom Memorial Task Force EXHIBIT "F" Collier County Freedom Memorial Task Force Project Budget 16>F3 FundinQ - Not to Exceed Construction of Freedom Memorial $39,000 Total: $39,000 09-5321 14 Collier County Freedom Memorial Task Force 16F3 DeLeonDiana From: Sent: To: Cc: Subject: Attachments: RaymondCarter Monday, September 28, 2009 1 :29 PM DeLeon Diana LynWood; walkerj FW: 09-5321 Tourism Grant Agreement - Freedom Memorial Task Force 09-5321 - Contract - Freedom Memorial.doc; Insurance Waiver-Tourism Freedom Memorial.pdf Diana, we can once again waive the insurance requirements on this Tourism Grant Agreement. Ray From: DeLeonDiana Sent: Monday, September 28, 2009 11:33 AM To: RaymondCarter Cc: LynWood Subject: 09-5321 Tourism Grant Agreement - Freedom Memorial Task Force Ray, Attached is the contract that will go to the Bee on the 29th Last year you waived the insurance requirements (please see attached), This year the grant is for $39,000, Please let me know if it is possible to waive the requirements again this year. Thanks, {YJ,iolfl !YJ('{lrM, Purchasing Dept X8375 1 -...,_.".~---."~--",,,--,<~'-'-' MEMORANDUM DATE: November 19, 2009 TO: Lyn Wood, Contract Specialist Purchasing Department FROM: Teresa Polaski, Deputy Clerk Minutes and Records Department RE: Contract #09-5321: "2010 Tourism Grant Agreement" Contractor: Naples Zoo, Inc. 16F3 Enclosed, please find one (1) original, referenced above (Agenda Item #16F3) approved by the Board of County Commissioners on Tuesday, September 29, 2009. An original Agreement is being held in the Minutes and Records Department in the Official Records of the Board's If you should have any questions, you may contact me at 252-8411. Thank you, Enclosures LINE s00 SERVICES \ 1 ) 'I } p~) ..~~ ---~ ITEr NO.: D1-?12C.-t:)~~ ' FILE NO,: 01 :, 9LO ROUTED TO: DO NOT WRI D~: October 14, 2009 To: olice of the County Attorney J~~ Klatzkow . From: ~ Lyn M. Wood, C,P,M., Contract Specialist Purchasing Department, Extension 2667 Re:'"> Contract: #09-5321 "2010 Tourism Grant Agreement" .~/ Contractors: Children's Museum of Naples, Inc. Freedom Memorial Task Force Holocaust Museum of SW Florida Naples Art Association, Inc. d/b/a von Liebig Art Center Naples Botanical Garden, Inc, Naples Museum of Art, Inc. VNaples Zoo, Inc, South Florida National Park Trust, Inc, Marco Island Historical Society, Inc, - Marco Island Museum BACKGROUND OF REQUEST: This Contract was approved by the BCC on Agenda Item 16,F,3 ~-" A-r,~ REC~r6 F 3 --....J ~ . ~ <). ,""'" "- - ..... .'-..... / ! f , .f f i ( \ " ._,~ '. .i.~' /1-, .' / ~((l~ \\~ (l' lOj 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, C: Jack Wert, Tourism Nov 13 09 12:19p '-"~=>';.. -..<. .-.. ,.\~_:r;;~i"j' ,,;,~.. "-:i]; g.. ES """"0 '," :'~Ml'\.' .-:-' '.- ._,r.-,.,.__ Naples Zoo Novem er 13, 2009 To Wh m It M<ly Concern: 2392626866 -r-'\?/;'~:- NAPLES ~ l'r~ ZOO \.~'-"',", j;f(l)i'M' )Ii: atCAIUBBEAN GARDENS I hereb auth rize David L. Tetzlaff to sign contracts on behalf of Naples Zoo, Inc. Sjncere , Tim L zlaff '-;---" 15-~IO (O()(; ?t:(!-Fran ROdd r-.lil[..lcs F 34'l ,:)2 5260 ?, (239 262- 409 r, (239 262- 866 'J/ww. \JA lLESZO nrg PdiJ!l,d Of n~Q'Jct.i pc,. :............................................. : CAMILLE PICKENS : L~I> CommA! 000745897 ~ j · :i\4i:1.l Elcp"".11312012 i f \'S!.:t; FIclItdllN.wy_..l'IC ~ ..~"....U..II...........................I.II.. ~-t.~I:..C 'I!a,~/l..____ p.1 16F3 ACCREDITED ~~.r ':-'-..- ASSOC!A',:!:;:'.: OF ZO~;c:c, p AQUARIU!M;;;\?, Naples loa, Inc, is 0 50 1 (c.ll3) nonprofit charitable orgunizailon, MEMORANDUM 16F3 TO: Ray Carter Risk Management Department Lyn M, Wood, C,P,M" Contract specialistck Purchasing Department / I . October 14, 2009 FROM: DATE: RE: Review Insurance for Contract: #09-5321 "2010 Tourism Grant Agreement" Contractors: Children's Museum of Naples, Inc, Freedom Memorial Task Force Holocaust Museum of SW Florida Naples Art Association, Inc, d/b/a von Liebig Art Center Naples Botanical Garden, Inc, Naples Museum of Art, Inc, VNaples Zoo, Inc. South Florida National Park Trust, Inc, Marco Island Historical Society, Inc, - Marco Island Museum This Contract was approved by the BCC on September 29, 2009, Agenda Item 16,F,3 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 DATE'RECfIVED OCT 15 2009 .,. C: Jack Wert, Tourism . www,sunbiz,org - Department of State Page lor> F 3 Home Contact Us E-Filing Services Document Searches Forms Help Previous on Li$.1 tie1<ct "n kist Return To !"l~i Events No Name History IEntity Name Search Submit I Detail by Entity Name Florida Non Profit Corporation NAPLES zoo, INC. Filing Information Document Number N03000009642 FEI/EIN Number 562412630 Date Filed 11/05/2003 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 09/19/2005 Event Effective Date NONE Principal Address 1590 GOODLETTE ROAD NAPLES FL 34102 US Changed 03/20/2009 Mailing Address 1590 GOODLETTE ROAD NAPLES FL 34102 US Changed 03/20/2009 Registered Agent Name & Address HUDGiNS, THOMAS F PLLC 791 10TH ST S STE B NAPLES FL 34102 US Officer/Director Detail Name & Address Title D TETZLAFF, TIM L 1590 GOODLETTE ROAD NAPLES FL 34102 US Annual Reports Report Year Filed Date 2007 01/16/2007 2008 01/06/2008 2009 03/20/2009 http://www.sunbiz.org/scriots/cordet.exc?actiOlFDETFIL&ina doc numher~NOi0000091\4 9/1/?009 . www,sunbiz.org - Department of State Document Images 03/20/2009~, ANNUAL REPORT 01/06/2008 =-ANNUAL REPORT 01/16/2007 -- ANNUAL REPORT Q!l/17/2006 = ANNUAL REPORT 09iJ9/2005 =_Amendment 011;31/2005 -,ANNUAL REf'ORT 05/1:).121to4 -- ANNUAL REf'QBT .11105/2003 -- DOmll.sji, Non-Profit Page 2 of2 16F3 View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Note: This is not official record, See documents if question or conflict. I Previous..Qn List Event~ No Name History lIlext on .List Return To l.ist IEntity Name Search S@mitl I Home I Contact us I Document Searches I E-Filing Services I Forms I Help I Copyright and Privacy Policies Copyright @ 2007 State of Florida, Department of State. http://www,sunbiz,org/scripts/cordet.exc'?action=D ETFIT.& i110 d "" J1\ 1111 hpr= N OlOOOnOO"Ll O/lnflflO RLS # ('JI-Itf(' _ '-139-b CHECKLIST FOR REVIEWING CONTRACTS W!tfJCf:5 Z~) I AJ~, Provided $ rJt'104:- Provided $ _<) Ml L Provided $ IlIA r L Provided $ I I Provided $ 1M'. ftJ C) , Entity Name: Entity name correct on contract? Entity registered with FL Sec. of State? 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 $ ~(JC ,) ProductslCompl/Op Required $ Personal & Advert Required $ Each Occurrence Required $ FirelProp Damage Required $ Automobile Liability Bodily Inj & Prop Required $ 31C .t~ t! / Workers Compensation Each accident Required $ Disease Aggregate Required $ Disease Each Empl Required $ Umbrella Liability Each Occurrence Provided $ 'lll<.l L Aggregate Provided $ Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ Per Aggregate Required $ Other Insurance Each Occur Type: /Yes ~Yes _Yes ~Yes Provided $ I tv" L Provided $ Exp Date_ "'/Yes _No --...0' es No ----.-0~s - No _Yes ~No Yes - No - Yes _No 1/ _Yes _No A-(/rJJ Yes /No ND A<J.~t.. -r'D Yes ~No .ru. '9 ~ ~ Yes ~No -d. Y es _No I./'Yes _No \./' Yes - No t/ Yes _No 1Yes No . Rev;ewe, In;t;aIS~ {( Dateo 19J7/l:jfl 04-COA- 103 222 01kf, . {_(IJ,II:" Provided $ Provided $ Provided $ " Provided $ Provided $ Required $ County required to be named as additional insured? County named as additional insured? Indemnification Does indemnification meet County standards? Is County indemnifying other party? Performance Bond Bond requirement referenced in cOQtract? If attached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? Attachments Are all required attachments included? Exp Date Exp Date Exp Date Exp Date -3 11r-/ / () Exp Date I rl ~Yes _No "! 00 I fY)O II " /Yes :::z Yes 16F3 No No No No ---":::::.No No Exp, Date 3/lr110 Exp. Date I II Exp, Date I I Exp, Date I I Exp, Date I , Exp Date .'3/1'/10 l I III / II) I d I) Exp, Date Exp, Date 11-09-'09 09:34 FROM-T F Hudgins, Att'y 239-263-7509 T-629 P001/001 F-465 THOMAS F. HUDGINS, PLLC 16F3 Estate Planning & Administration Business & Tax Planning Taxpayer Representation Ted Hudgins, J.D., LL.M. 2800 bavis Boulevard, Suite 203 Naptes, FL 34104-4370 (239) 263-7660 Fax; (239) 263-7509 mRI~ ~ tl .... . . '(jCi'W E-Mail: ted@napleslax.com Board Certified Tax Attorney November 9, 2009 Collier County TDC Grant attn: Diana Re: Naples Zoo To whom it may concern: the Naples Zoo has applied for a grant from your organization and that application was signed by our General Manager, David Tetzlaff. Apparently your organization requires some additional compliance work in order to process the application and we are happy to comply. By a unanimous vote of the executive committee of the Naples Zoo, David Tetzlaff is hereby empowered to act em the Zoo's behalf and apply for the grant as the agent for the Board ofDireclors. Please consider his signature as ifit were that of myself, or any of the other members of the executive committee, Should you have any questions or require further information in regard to any of the matters discussed herein, kindly call me at the number listed above. S7jJ>J:t.JiJ Thom:t.~ Treasurer of the Naples Zoo State of Florida County of Collier Sworn to and subscribed to before me on Iv 0 0( (N.,vl.-./ personally known to me ~ or who produced '9 , 2009, by Affiant, who is as identification, 4)Wlo. ASHlEfWAIT . ~~~ MY COMMISSION 100 87!i5S4 ., ; - EXPIR~Ju~27,2013 ,';., ~1'tlru~PIIIllIeUnditWlilefs V...J ~ fFlorida al) 16F3 2010 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES ZOO, INC, THIS AGREEMENT is made and entered into this 29th day of September, 2009, by and between Naples Zoo, 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 Tourist Development Tax funds for exhibitions and educational programs to enhance the quality of life for area residents and attract visitors; and WHEREAS, the Tourist Development Council has recommended funding for the promotion of upcoming exhibitions, accompanying national symposia, festivals, special events, educational programs and workshops; 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 to promote two exhibitions, 09-5321 Naples Zoo, Inc. 1 16F3 Summer of Seuss and Fall into the Wild (hereinafter "the Project"), to include, but not be limited to, out of Collier County advertising and promotion of each program. 2. PAYMENT: (a) The maximwu amount to be paid under this Agreement shall be a total of Forty Thousand Dollars ($40,000). 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 maximwu 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 often 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 Naples Zoo, Inc. 2 16F ~ - 3. ELIGillLE 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 REOUIREMENTS: (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 Naples Zoo, Inc, 3 16F3 (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 fmal payments for failure of GRANTEE to provide the interim status report or fmal 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 Naples Zoo, 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 Naples Zoo, Inc. 4 16F3 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: David Tetzlaff, Executive Director Naples Zoo, Inc. 1590 GoodIette-Frank Road Naples, FL 34102-5260 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 PAR1NERSHIP: 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 Naples Zoo, Inc. 5 16F3 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 fmancial 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 unre1eased 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 Naples Zoo, Inc. 6 16F3 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 WIlNESS 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, " Clerk .~ , \ ",.' . '," '-;:'.~~,,~,;o-.tr-.... , ' '::si~..t.Ii;:~\.Oitl' Approv:e-dl!t% \o,fOrm and leg sufficiency 'If ~ ~~ ~~iJtallt County Attorney t:)ef1"'~ S e-. if {( Ulf-u.... Print Name By: WI~ (I) .*~~ J:""iLy ::r. (10(l.tl.150,. Printe~yped Name (2)~ ,!l~, {];th.//~ Ill: K'rtS Printed/Typed Name GRANTEE: NAPLES ZOO, INC. e jJJ c/71 v, Printed/Typed Title Dy4/},~~ orrv10 t-.- -rz;-r2?JltrP'--l'_ ~ Printed/Typed Name ;; ,te,,,,, "l't'"'..;/ ~ i, I'genda q J, 'i L.11 D/Il,PC-7Cle., Date '2/.EiLrut ~ 7 09-5321 Naples Zoo, Inc. 16F3 EXHmIT "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 followinq questions and attach it to vour 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 Naples Zoo, Inc. 8 16F3 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 followinQ Questions to identify the status of the IJroiect. Submit this reIJort at least Quarterlv. 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 Naples Zoo, Inc, 9 16F3 EXHIBIT "C" 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 auestions for each element in your scolJe 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 Naples Zoo, Inc. 10 EXHIBIT "D" 16F3 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 09-5321 Naples Zoo, Inc. 11 Naples @ Marco Island ~ --.:;= Everglades PARAOISE COAST~ 16F3 EXHIBIT "E" 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: DATE OF ARRIVAL: WHERE ARE YOU STAYING? NAME OF HOTEL AND CITY/AREA: NAME OF CONDOMINIUMITIMESHARE: # OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY = HOW DID YOU SELECT THE HOTEL/CONDOMINIUM? INTERNET ( ) YOUR CHOICE ( ) 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 Kayaking Conservancy of SW Other FL Lake Trafford Other Other SHOPPING AND DINING Fifth Avenue South Third Street South Waterside Shops Venetian Bay Bayfront Tin City Prime Outlets Other 09-5321 Naples Zoo, Inc. HOTEL/RESORT CITY DATE OF DEPARTURE: FRIENDS/FAMILY CONDOMINIUM ST ZIP TRAVEL AGENT ( ) FAMILY ATTRACTIONS Naples Zoo Naples Botanical Garden Fun 'n Sun Water Park Swamp Buggy Race Mini Golf King Richard's Fun Park Other SIGHTSEEING LunchlDinner Cruisel Sunset Cruise City Trolley Tour Everglades Tour Segway Tour Dolphin Cruise Other RELAXATION & ENTERTAINMENT Golf Spa Shelling Seminole Casino Lounges & Clubs Music Other 12 EXHIBIT "F" Naples Zoo, Inc. Project Budget Promotion of a summer and fall event at Naples Zoo including out of Collier County advertisements and other event promotional expense. Total: 09-5321 Naples Zoo, Inc, 13 16F3 Fundina - Not to Exceed $40.000 $40,000 J , 1 6c--, ACORD. CERTIFICATE OF LIABILITY INSURANCE OPID JV I DA,l,(M .. NZOO-01 09/17/09 PRODUCER 1lfIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Oswald Trippe and Company, Ine HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4089 Tamiami Trail North A203 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Naples FL 34103 Phone: 239-261-0428 Fax:239-261-7574 INSU!lERS AFFORDING COVERAGE NAIC # lNSURED INSURER A: G>:llIliit .!VllIlrioan In.\lrllIlC8 Co 16691 INSURER B: Bt1dg.t'i.ld ElIIplcygr. 1M Co 10701 Na~les Zooi Ine, INSURER C: ~a id Tetz aff 590 Goodlette Road INSURER 0: Naples FL 34102 INSURER E: COVERAGES i I [ :/ i I ! '[ ! THE POliCIES OF INSURANCE LISTED BELQWHAVE BEEN ISSUED TO THE INSURED NAMEOABQVE FOR THE POUCY PERIOD INDICATED. N01WJTHSTAND1NG ArN REQUIREMENT, TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT'NITH RESPECT TO 'MilCH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BYlHE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWII MAY HAVE BEEN REDUCED BY PAID CLAIhl8. ' . eTR NSR TYPE OF INSURANCE POUCY NUMBER. I ';lJt'.JrUMID DArt'r~ LIMITS ~~t..UA8ILITY EACH OCCURRENCE 01 000,000 A X ~ 5MERCIAL. GENERAL LIABILITY PACOOO0558328403 03/15/09 03/15/10 I PREMISES iEa OClCUrence' 0300,000 - ClAIMS MADE ~ OCCUR MED EXP (Any cnt pwson) 05000 .. PERSONAL &NN INJURY H 000,000 X Boat Ops @ $lM/ $2 GENERAl AGGREGATE o NONE ~'lAG~nE~L1MIT APrtIPER: PRODUc;rn. COMPIQP AGG S 5 000,000 POLICY . ~c?i LOC EIDD Ben. lM/2M ~TOMOEMLE LIABILITY COMBINED SINGLE UMIT 01000000 A """AUTO PACOOO0558328403 03/15/09 03/15/10 (Eaaccid8nt.) I-- I- J\U. owNED AUTOS BODILY INJURY 0 ~ SCHEDULED AUTOS (Per peBOn) ~ HIRED AUTOS BOOIl Y INJURY 0 ~ NON-O\MllED AUTOS (Per9CCldardl I- PROPERTY DAMAGE 0 (p..accldent) r=rG' LIABIUTY AUTO ONLY - EA ACCIDENT 0 """AUTO OTHER THAN ~ACC S AUTO ONLY: AGG 0 [JESSJuMBRELI.A LIABIUTY EACH OCCURRENCE 04,000 000 A X OCCUR 0 CLAIMS MADE EXCOOO0558328303 03/15/09 03/15/10 AGGREGATE 04 000,000 0 ~ D,DUCTIBLe 0 X RETENTION 0-0- 0 WORKERS COMPENSATION AND X ITc;m."LMITs I xlu,jlt B EIIIPLOYERS' UABlUTY 83026223 01/01/09 01/01/10 E.L EACH ACCIDENT 0500000 ANY PROPRlETORIPARTNERlEXECunve OFFICERlMEMBER EXCLUDED? E.L DISEASE - EA EMPlOYE o 500000 g~~~SbeklW E.L DiSEASE. POLICY LIMIT 0500000 OTHER DESCRlPnON OF OPERATIONS I LOCATIONS IVEHICLESI EXCLUSJONSADDE!:D BY ENDORSaIENT J 8PECIAL PROVISIONS Tourist Development Council and Col~ier County named as additional insureds as respects the operations of the named insured and defined in the general liability policy, CERTIFICATE HOLDER i "I I '.i .[ ."1 I :.1 Tourist Develo~nt Council Co~lier County Governmen~ 3301 E. Tamiami Trail Naples FL 34112 CANCELLATION TOUROOl SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPI'RA.11O DATE THEREOF, TIt!!: ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN N011CE 10 THE CERTIFICATe HOLDER NAMED TO TItE L.E:FT. BUT FAILURE TO DO so SHAll. IMPOSE NO OBUGATtON OR UABJLlTY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESEHTAllVES. AlITllO @ACORDCORPORATION1988 ACORD 25 (2001108) i L 16F3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed, A statement on this certificate does not confer rights to the certificate hDlder in lieu of such endorsement(s), I 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). DISCLAIMER :1 , " 1 I The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does It affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ! " 1 'J 'i .I :, 1 ,.j " ,'I "j " I ; ~.~ ACORD 25 (2001J08) ',Lm 16F 3 MEMORANDUM DATE: October 26, 2009 TO: Lyn Wood, Contract Specialist Purchasing Department FROM: Martha Vergara, Deputy Clerk Minutes and Records Department RE: Contract #09-5321: "2010 Tourism Grant Agreement" Contractor: Naples Art Association, Inc. d/b/d Von Liebig Art Center Enclosed, please find one (1) original, referenced above (Agenda Item #16F3) approved by the Board of County Commissioners on Tuesday, September 29, 2009. An original Agreement is being held in the Minutes and Records Department in the Official Records of the Board's i If you should have any questions, you may contact me at 252-7240. Thank you, Enclosures ITEM NO.: oq, WLD I ~~ DATE REtE~E~: 3 FILE NO.: \-..' , 'r)! : 'j\ '.) - ROUTED TO: ?lr;r: :" 2? c." '-~ ll: 08 DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: October 19, 2009 From: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department, Extension 2667 -:rA LI..:)\--~ ~t.- ,~ ]Lu lb}2.1 ,., ~r To: Office of the County Attorney Jeff Klatzkow Re: Contract: #09-5321 "2010 Tourism Grant Agreement" Contractors: Children's Museum of Naples, Inc. Freedom Memorial Task Force Holocaust Museum of SW Florida ~Naples Art Association, Inc. d/b/a von Liebig Art Center Naples Botanical Garden, Inc. Naples Museum of Art, Inc. Naples Zoo, Inc. South Florida National Park Trust, Inc. Marco Island Historical Society, Inc. - Marco Island Museum This item has not been previously submitted. Contract review and approval. ~~~ \O\'[,l(\O~ ACTION REQUESTED: 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. C: Jack Wert, Tourism RLS# O"1'h>C-OI5S! 6 F :3 CHECKLIST FOR REVIEWING CONTRACTS Entity Name: AJ i4pt- f C, Ar2- illS SN'Ufi/cIU , (fl. l".- I 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 $ .J!,"; ~t't'_ Products/Compl/Op Required $ Personal & Advert Required $ . Each Occurrence Required $_._______~_ Fire/Prop Damage Required $____ Automobile Liability Bodily Inj & Prop Required $,____ Provided $ I ~t I L- Workers Compensation Each accident Required $ _ Disease Aggregate Required $ ~S fl\1:' .-f Disease Each Empl Required $ .Jhvlb<t" Umbrella Liability Each Occurrence Provided $ _ f (1A1 L_ Aggregate Provided $._JJ Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $___________ Per Aggregate Reqnired $ Other Insurance Each Occur Type:.__ .._.__ Entity name correct on contract? Entity registered with FL See, of State" __1L'_Yes ~Yes ___JL. Yes ~Yes ...&... Y es ..iL... Y es Provided $_ "Z-/L<-'.'c._ Provided $ I' Provided $ "IAI l. Provided $~~ Provided $ 3M) (."PC Provided $ Provided $ Provided $ I/tAIL ,. /, Exp Date Exp Date v--Yes Provided $ Provided $ Required $__ Provided $ County required to be named as additional insured? County named as additional insured? Indemnification Does indenmification meet County standards'? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond _____ Does dollar amount match contract? Agent registered in Florida? ..LYes _1..LYes ..-Y':Yes Yes Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: .. __"____.~~ \~ Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? Attachments Are all required attachments included? c./Yes ~Yes ~Yes ..1.LYes No No No No /No No Exp. Date W<:,"fO Exp. Date [ r Exp_ Date ---'-'-_ Exp. Date __~~_.__ Exp. Date I I Exp Date f442m:o Exp Date ~1l2 Exp Date _~_l______ Exp Date t I 2 ~j?,:,U? No Exp, Date Exp. Date Exp Date ______. No No No ..iL'..No Yes No Yes Yes No No No No No No ~Yes ..JL:.. Yes _v_Yes _Lves No No No -~R-;~i~~c~ InitiaJs:">we~ I"" Jcl:J3iM' 04.COA-Ol1030lt22 16F 3 MEMORANDUM FROM: Ray Carter Risk Management Department " Lyn M. Wood, C.P.M., Contract specialist.~ Purchasing Department /' , . " , October 19, 2009 TO: DATE: RE: Review Insurance for Contract: #09-5321 "2010 Tourism Grant Agreement" Contractors: Children's Museum of Naples, Inc. Freedom Memorial Task Force Holocaust Museum of SW Florida VNaples Art Association, Inc. d/b/a von Liebig Art Center Naples Botanical Garden, Inc. Naples Museum of Art, Inc. Naples Zoo, Inc. South Florida National Park Trust, Inc. Marco Island Historical Society, Inc. - Marco Island Museum This Contract was approved by the BCC on September 29, 2009, Agenda Item 16.F.3 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 DATE RECEIVED C: Jack Wert, Tourism OCT 20 2009 ~~?h?r::(/' /vft-'/o9 16F 3 mausen_g From: Sent: To; Subject: RaymondCarter Wednesday, October 21,20092:20 PM mausen_g FW: Contract 09-5321 "2010 Tourism Grant Agreement 50rry mind is burned out, forgot to copy you. Ray From: RaymondCarter Sent: Wednesday, October 21, 2009 2:09 PM To: LynWood Cc: DeLeonDiana; WerUack Subject: Contract 09-5321 "2010 Tourism Grant Agreement Alii have approved the insurance provided by Naples Art Association, Inc. d/b/a von Liebig Art Center for contract 09.5321 which \ to the County Attorney's Office for their review, Thank you, Ray ~~ Manager Risk Finanace Office 239-252-8839 Cell 239-821-9370 1 www,sunbiz.org - Department of State Page 1 of 3 16F 3 ~~ %~~' <~~ ' FLORIDA DEPARTMENT OF STATE ft ^ _.;i~.:\~" ~ DIVISION tH CORPOR.\1'I0:-'S __..2~~~_ ....:...~t'J;_ Home Contact Us E-Filing Services Document Searches Forms Help _pr~yiCHJ_S QnJ_j~t Ne)<tonl,Lsl Return To List IEntity Name Search Submit I E:v~n!~ No Name History Detail by Entity Name Florida Non Profit Corporation NAPLES ART ASSOCIATION, INC. Filing Information Oocument Number N95000004455 FEIIEIN Number 591022882 Oate Filed 07/25/1995 State FL Status ACTIVE Effective Date 06/15/1954 Last Event AMENDMENT Event Oate Filed 12/27/2004 Event Effective Oate 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 OfficerlDirector Detail Name & Address Title P NAPPO, FRANK 11224 LONGSHORE WAY W NAPLES FL 34119 Title VP STEVENS, RICHARD hUp://www.sunbiz.org/scripts/cordcLcxc.lactioncl)III..11 ,&inq doc 11l1111I1l'rN,):;0000044:;... ')!l/200') 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 VIST ANA CIRCLE NAPLES FL 34119 Title VP ZOLER, JON 185 THIRD AVE N, NAPLES FL 34102 Annual Reports Report Year Filed Date 2007 04/16/2007 2008 04/30/2008 2009 01/07/2009 Document Images 01107/2009 -- ANNUAL REPORT 04/30/2008 -- ANNUAL REPORT 04/16/2007 -- ANNUAL REPORT 02/03/2006 -- ANNUAL REPORT 01/18/2005 -- ANNUAL REPORT 12/27/2004 -- Amendment 05/01/2004 -- ANNUAL REPORT 02/25/2003 -- ANNUAL REPORT 04/26/2002 -- ANNUAL REPORT 04/30/2001 -- ANNUAL REPORT 07/07/2000 -- ANNUAL REPORT 02/23/1999 -- ANNUAL REPORT 02106/1998 -- ANNUAL REPORT 02/03/1997 -- ANNUAL REPORT 01/26/1996 -- ANNUAL REPORT 199F 0f33 View image in PDF format View image in POF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format rN~t;~'Th-i~i~~t"~ffi~i;l;~~~~d~--S-~--d~-~-~-;:;;~'~t~-if--q~-~-;t~~-;-~;;-~!Iictl Pr~vioJJs _ 9Jl._~ist Ne_xtonL..,i~~ Events No Name History Return To List IEntity Name Search hap:! /www.sunhiz.org/scripts/cordet.cxe?actioIFI) I ~I '1:11.&inq doe nUl11bcl'N9500000445... 9/1 /2(01) 16F :3 2010 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES ART ASSOCIATION, INC. THIS AGREEMENT is made and entered into this 29th day of September, 2009, 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 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 musewns 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 exhibitions and educational programs to enhance the quality of life for area residents and attract visitors; and WHEREAS, the Tourist Development Council has recommended funding for the promotion of upcoming exhibitions, accompanying national symposia, festivals, special events, educational programs and workshops; 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 to promote the GRANTEE's 09-5321 Naples Art Association, Inc. 1 16F 3 exhibitions, festivals, special events, educational programs and workshops at The von Liebig Art Center (hereinafter "the Project"), to include, but not be limited to, printing of newsletters, brochures, catalogs and advertisement, and guest speaker honorariums. 2. PAYMENT: (a) The maximum amount to be paid under this Agreement shall be a total of Fifty Thousand Dollars ($50,000). 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. 09-5321 Naples Art Association, Inc. 2 16F 3 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described m 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 ofInsurance has been received by the COUNTY and the Agreement is fully executed. 5. REPORTING REOUIREMENTS: (a) GRANTEE shall provide to County a preliminary status report on the form attached hereto as Exhibit "A" within thirty (30) days ofthe 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 Naples Art Association, Inc. 3 16F 3 (c) GRANTEE shall provide to County a final status report on the form attached hereto as Exhibit "C" no later than October 31, 20 I O. (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 Naples Art Association, Inc., 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 (I). (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 Naples Art Association, Inc, 4 16F 3 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 The von Liebig Art Center 585 Park Street 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, 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 oftermination. 09-5321 Naples Art Association, Inc. 5 16F 3 (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 09-5321 Naples Art Association, Inc. 6 16F 3 written report to the Executive Director of the CVB or his designee, along with a final budget analysis by October 31,2010. 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 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. BROCK, Clerk ~"T. ~\~~ - hSt at to eM'''''''' , .1.... -. ~ Approved as to form and leg~ffiCie~Cy Asst t t County Attorney J I2:(""F E.. vvr<. \c; tf 'I Print Name BOARD OF C.O O)(N TY COMMIS.SIONERS COLLIER C~TY, FLORIDA. ;' .! f .' _ 1\ // ",.'-" ,/) By: fhJ-r'"",-. ,."...1 /. <'t.i~ DONNA FIALA, Chairman ~~~~ --J"LLc O'~\{':VV\ Printed/Typed GRANTEE: NAPLES ART ASSOCIATION, INC. (2) o '~ b,nl"tYn~l{ Sll(f!..- Printed/Typed Name '. BY: -5;~~ ~-<-~ --' ~~ Kess /er- Printed/Typed Name ,c:XL~~.~ .J~e~o/u 0 Printed/Typed Title 7 09-5321 Naples Art Association, Ine, 16F 3 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 followinq Questions and attach it to vour 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 Naples Art Association, Inc. 8 16F 3 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 followinQ Questions to identifv the status of the proiect. Submit this report at least Quarterlv. 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 Naples Art Association, Inc. 9 16f 3 EXHIBIT "C" 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 followinQ Questions for each element in vour SCOfJe 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 Naples Art Association, Inc. 10 16F 3 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 09-5321 Naples Art Association, Inc. 11 16F 3 EXHIBIT "E" Naples @ Marco Island =- -;;= Everglades PARAO, $ E C OAST~ 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: DATE OF ARRIVAL: WHERE ARE YOU STAYING? NAME OF HOTEL AND CITY/AREA: NAME OF CONDOMINIUMITIMESHARE: # OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY = HOW DID YOU SELECT THE HOTEUCONDOMINIUM? INTERNET ( ) YOUR CHOICE ( ) 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 Kayaking Conservancy of SW Other FL Lake Trafford Other HOTEURESORT CITY DATE OF DEPARTURE: FRIENDS/FAMIL Y CONDOMINIUM ST ZIP TRAVEL AGENT ( FAMILY ATTRACTIONS Naples Zoo Naples Botanical Garden Fun 'n Sun Water Park Swamp Buggy Race Mini Golf King Richard's Fun Park Other Other SHOPPING AND DINING Fifth Avenue South Third Street South Waterside Shops Venetian Bay Bayfront Tin City Prime Outlets SIGHTSEEING Lunch/Dinner Cruisel Sunset Cruise City Trolley Tour Everglades Tour Segway Tour Dolphin Cruise Other Other RELAXATION & ENTERTAINMENT Golf Spa Shelling Seminole Casino Lounges & Clubs Music Other 09-5321 Naples Art Association, Inc. 12 EXHIBIT "F" Naples Art Association, Inc. The von Liebig Art Center Project Budget Promotion of major events in out of Collier County areas such as: Festivals, exhibitions, and educational programs, to include but not limited to printing of newsletters, brochures, catalogs and advertisement s Total: 09-5321 Naples Art Association, Inc. 13 16F 3 FundinCl - Not to Exceed $50,000 $50,000 OCT-19-2009 MON 10:58 AM von I iebig art cenler FAX NO. 239 262 5404 P. 02/03 16F ACORD", CERTIFICATE OF LIABILITY INSURANCE l:~~";:Y: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFeRS NO RIGHTS UPON THE CERTIFICAT~ HOLDER. THIS CERTIFICATE DOES NOT AMENO, EXTEND OR ALTER THE COVE~GE AFFOROeD flY THE POLICIES B~LOW. PROnUCSR phone % 239-262-5143 ll'ax: Brown & Brown of Florida_ Inc. 999 V~nderbilt Beach Road, #507 Naples ~L 34.08-3507 2JSI-:;!fiJ.-a265 u,j.lJgD Naples Art ~asociation, Inc. 585 Park Street Naples FL 34102 ~~~~:. :~.H. .~:i::~N~.~~.~:~:~~. . .c,Q."-. +.NAIC.~:.~:._,_. INSURE.~e:.,.___ __ ."." -J.----+.,..--... !t'lSUR~RC;: _... +______... . .._____.,. ..____..__ ~.,_ , : .IN_~UR.S;R D: IN5URl!Al'O: cOVE~GES TRl3 POI..JC:IES OF INstJRANCB r..;s.:STED BELOW fUWi: seEN IS~ TO THE :t:NStJRED NAMED AaclVli: F'OR THE POliIC'f :J?ERIOD INDICATED. NOTWI1'HSTANOING ANY JUilQuJ:ltEHBN'r, TERM OR CONPITION OF 1l.NY ooN'!'RACT OR OTHER nOCUMEN'I' WITH RasPBCT TO WHIOi 'fRlSi CERTlVlCATE MllY BE ISSIJ"EID OR MAY 'El'li!:R't'AIN, THE INSURANCE AFFORDEO B't THE POLtCtES I>'J!::SCRIBED HE9.:jUN IS SUBJECT TO ALl.. THE ~~s, i:XCLOSIONS AND CONoI'l'IONS OF SUCU 5'O:r..1C::I~9. AGGR.EGATE LIMITS SliOWN ~'(H1\.Vj: BEEN R:E:DUCED_av PAtD CLAtM9. -" INI!III~~ POUCVNLlMB&R PO YEff~Tl'ltll ,"OUCYEX"'MTION UMJTB AUTO ONl V -EAACCltlliir-l.1 :Ii OTHE'RT"'AN ~ :5 AUTO ONL V: AGO $ ~C"'OCCURRE~~ .___1 S F.i 000 ..Q.Q.Q.___ .':~E"ATE__ .~~~o~~_~o_:~_ 1 ~~tlM'7riiJ, IO,I,!;l' E.L.~CH~t1E!Nr. .__ AX gENE~,lU.UABIL.rrr 21SBANV9194 I~. COMMM,CIAl. GENlllm I."ABILITY * """....CE IX"] OCCU~ ~~~Gfl.E:~E~MITAP~F'ER; ~'IIiOLIOV I I ~~ I I l-OC ~~!OMO&ILELIASILITY 2lSW\NV9194 _I ANY,A.UTO __ ALL oWNE!C!,A.UTOS , liOHE'I)ULEOAUTOS x= tilRE!C1 ,Il.UTOS .x... NON-oWNI!IlAUTOS 7/1;:aOO~ 7/1/:/O~0 ~H OOOURR.ENCIi ;~~frrEO-' _fJ~-'~'5E~.~1.!!GSYf. i:lIl Mea EXP I~Y ~1iI~1ll~1 ?!:RSONAL&ADV INJ.YRY ~!:I15BAl..AGG~GA.Tii PRODUC~:~~~AGG 7/1/2010 7/1/200~ COMlilNEtI SINGLIi LIMIT (EaaCG~) A BODILYINJURY {Perplll'SO/lJ BODILY INJURY (~aa;ldl!l~l) ~ROP5RTY DAMAGE (PtIrltCGldentl ~EUABIUTV I-j ~.., AUTO A SCCESSJUMIRELLAUA6IUTY .21 SBANV9l S4 ~ OCCUR n a.AlM5MAtlE h~: OEOUCTllilUO Iv RETE""ON " non" WORKERICOMP!!I\ISATlCNANP BlPL.Oftftr L.IAJlIIUTV Rfr PROPAIETOFlIP,AfI'l'NER/EXeCIJTlVE OFr-ICERlMEMSI!R IiXClUDED? ~~e:~~~I~~NSbllW 7/1/2009 7/1/2010 , E::.L. D!SEASIi - EA i;MPLO"y'~E I, e.L..t1lsEA.S!::.PCIL1CVUMIT 13i I .'"Eft I I oeSCRIP'I1QN OF OM!RATICHIJ 1 ~OCAT1OMS I VIitlICLI!S' l!XCl.USICHS AJ]Ol!D BY ENDORSEMI!!!NT I SPBcaAL PROYUillOt4S Not for PrQ~it comrnYn~ty art ~cn~~r - variouo ~ypeB of cl~.~ea and exhibit~ available ~ertificKte ~older ~g an Addieion~l Insured pe~ the Businem~ L~abi11ey Cov~r~ge Farm sSoOOa oliey. Covc.age is prima~ & ncn~cont~ibutory. .t.1-1--000 000 ';.00,00.0._._ .. , l&..QQ.O L!.l~JlillLJl.i!.Q..._ , .1.2 ,0 0 Q~_QllJL_ , 0 Jl.Q.<LJ!.O.O_ .. $1,000,000 . 1-'. , (04!OSJ, ~ttached ta thia SHO~O ANY OF TH~ ASOVE DESCRISgD POLICIES nE C~LLED Collier Ccupt~ BoarQ of county Commissioners BEFCR2 T~m Ex~!RATION OA~~ ~~RBOF. THE ISSUINO lNSURER wtLL EN~iAVOR TO MAIL 10 DAVS WRITTEN NO~!CE TO THE Tourist Development Council CE:R'lIIPlCATEl HOI..DlER HAMEO TO THE IoIi!Pl', HUT FAXLORE TO DO SO 3~Ol Tamiami Trail Ea~t Sl.!ALL l:MOO9F. NO OBLIGAT!ON OR LJ:.Aa:u..:J:'l'Y' Of ANY' K:r.~O UPON NapleEl FL 34112 TH'l!: I!isUREllt. I ITS AG2NTS OR REPRB9ENTATIV2S. AUTHCIIJZI!tI Rl!MIISENTATlve ".Q),_ ~.,iI...,(".dy C~RnFlcAT~ HOLDER CANCELLAnON ACORD ~5 (~OO1 H18) "ACORD CORPO~nON 1988 OCT-19-2009 MON 10:58 AM von I iebig art center FAX NO. 239 262 5404 P. 03/03 16F 3 IMPORTANT If the certificate holder Is an ADDITIONAL INSURED. t~e pollcy(les) must be endorsed. A statement on this certificate does not confer rights to the olllrtificate holder in lieu of such endorsement(s). If SUaROGATION IS WAIVED, sublect to tile terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights ro the certificate ~older In lieu of such endorsement(s), DISCLAIMER The Certificate of Insurance on the reverse side of thle. form does not constltute a contract between the issuing lnsurer(a). authorized representative or producer, and the certificate holder. nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed tho",on. ACORn 25 (2001/08) OCT-19-2009 MON 09:16 AM von liebig arl cenler OCT-14-2009 16:13 R 1 CONT~RCT STAFFIN~ FAX NO. 239 262 5404 813G2Iil167<1 plP 6 of 3 AaHiD CERTIFICATE OF LIABILITY INSURANCE I ,,;,;;,~ TIllS CIiR'llFlCATE IIlISSUID AS AIlA1TIR llI' INFORMATION ONLY ANIl CONFERll NO RlGIITS UPON 1HI! Cl!RTFICA'l! ~'MI1~~~~;!!.~g:~ ~~~~F~c~~~ """"'.... I!leguu. mau...n'" OQrnpe"y Ino &eOAlrpon.Dri~ AJSW.1lnd1lll' e<<y, AJ,., :J!5010 '"SURM6 AffOIltll"G CO\IIiRAGE .-- ~~..- I_UAlP ., - ~1!ft.A! peOSsu.!ln,$u"~Com~.'1YI.Jn~._ M_ INmlRl.. 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HOLDIiR. ,"",llIItS'a IctlMln.lnr~Ucm Is ~DtWloInfMI;i Of 't'aIcI.Id.,. '7IalMUnor. Ol'll't.~ CO-lmplD)'8ftgj' A-1 OOnlleCll !Il1lfling Im:l, and... AAArollG'llllltl:ln 1"0., ~ Park.StNCIt, ~~nl fl'L., S4102. bid TW\ $IDcgnll'DCr.Orl of. ~pln AA A.llood8l1lJn l~ lU'I!I inlUt1Id fgf' 'WCl1MrI aol'!1ptl'llllllln. CIRTlFlc:Al'lE HOLD-- I MgMtlfllAL conR; ~"TlDN <llJIOUl.PA..,O'''*'....DWDII~PGUalllUCJoNQI!LI.IIO.IPOAIii''"i.--1 WIIoTII ~'I TNI ,..u.N_ COIllll''''''' ""-L "'M!AVClA TU 8AIlo....1!L rtIoya 'MlIf'TDI M:lT1C1i '0 'M!l e~ATI NDLIlIill ~TQTM:t I.D'I'. am- ''''UJlII TO IMIL IUIIiH WO'l1CIi IiKAL1.. IMIIDII!!. NO OII,.lCU.'f1I!IN OR UAIIIUTI' QP Nt( MIND IW(lN ll'II; CICIIl"........ 1ft. ,AQ__ 0- ..-bIIIT.AT1\I'~ .0"'0_............."" 1/, W....... A-' W'Y"o 51011< I...... ~ACDRDCO~RATION1n. CC1llll11r County Bc;\"rtI till Coul'Ily eomml..likJrl....l;lrw:lltle TtIUttIl o.v.Dpmdlt CI!ILll'ttJI S3C11 Tamlllml TT:a11 E~cl Ntlpltll!!l, FllJ4112 ACORD 250S (1/87) .J OCT-19-2009 MON 09:17 AM von liebig art center FAX NO, 239 262 5404 813621a16?0 OCT-14-2009 15:13 A 1 CONTRACT STAFFING IMPORTANT If the cOlllfillllte noldar Is on ADDITIONAL INSUR!;D. the palioy(leS) must b. endorsed. A sl3Wmenl en !hIS oertlllclole .0.. not confer rta"lS to tile canirlCale hokl.r In lIou of ,,"Oh .n<lo'"""""'t(s), II $uaROGATION IS WAIVED, sUbjOCt to the 1Grm. snd con~itien. of the polley, ""rlaln poliCieS m.y req~lro on ondo...ment. A _.mant en this eertificalo dooo no! eonfe, .jghtB to tho r;grtmcatll hold.r In IIOU 01 ouch endorsoment(a). DISCLAIMER Tn. cenIIICOt. 01 Insura""" on !he r"".... old. of this !crm d_ ~ot """sflM<o 0 conU'lCt betw_ tho 1o.u1ng 11I$U",'(I), .ulhottI.d ~"flIl!ve o. produ..r, .nd the ..rtlbl. hold.., nor dOee ft allIrmlIlIl/lIlY or nogatl'lely .moneI, _nd or .111::1 the coverage alIo"'a. by the polioi.. li.te~ Ihor->, ACDIlD 2lI-li (11117) p, 03 3 " TOTAL P. 03