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Agenda 09/23/2008 Item #16F 5Item # 16F5 September 23, 2008 Page 1 of 19 EXECUTIVE SUMMARY Recommend that the Board of County Commissioners approves a second amendment to the 2008 Tourism Agreement with the Marco Island Historical Society for an extension of time for building a museum on Marco Island and authorize the Chairman to sign said Amendment. OBJECTIVE: Per the terms of the agreement dated October 1, 2007 between the Marco Island Historical Society (MIHS) and Collier County, any extension of time must be approved by the Board of County Commissioners. CONSIDERATIONS: The Marco Island Historical Society is requesting an extension of their 2008 TDC contract. On July 7, 2008 (see attached letter), the MIHS requested a start date to begin site development work for the Marco Island Museum. The MIHS did not receive the start date. Instead, the MIHS met with Hank Jones, of Facilities Management, on July 29 where they learned that the County did not like the aesthetic appearance of the south water retention ditch and asked the MIHS to revise its structure. The MIHS is concerned about being able to meet the September 30 deadline for expenditure of TDC and MIHS matching funds. Therefore, the MIHS is requesting an extension to the TDC FY 2008 contract of two months from the receipt of the start date from the County not to exceed December 31, 2008. ADVISORY COMMITTEE RECOMMENDATIONS: An extension of this agreement does not require a recommendation by the TDC. COUNTY ATTORNEY FINDING: This item has been reviewed by the County Attorney's Office and is legally sufficient for Board action. - CMG FISCAL IMPACT: Available FY 08 budget in the amount of $125,000 which is committed to the Marco Island Historical Society will be rolled into the FY 09 fiscal year for payment. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approves an extension of the time for the Agreement between the Marco Island Historical Society and Collier County until December 31, 2008 and authorize the Chairman to sign said Agreement. PREPARED BY: Jack Wert, Tourism Director Item # 161F5 September 23, 2008 Page 2 of 19 Recommend that the Board of County Commissioners approves an amendment for the extension time of Tourism Agreement with Marco Island Historical Society for building a museum on Marco Island. Prepared By: Department Date Tourism 9/5/2008 12:05:42 PM Approved By: Department Approval County Attorney Approved Approved By: Date 9/16/2008 1:26 PM Department Approval Date Office of Management Approved 9/16/2008 2:56 PM and Budget Approved By: Department Approval County Approved Manager's Office ATTACHMENTS: Name: D ExecutiveSummarr- MamoHistoricalExtension [7][tl.doc Date 9/16/2008 3:13 PM Description: Executive Summary D 2008 Tourism Agreement Marco Island Historical Society odf 2008 Tourism Agreement - 2nd amendment Marco Island Historical Society 6 TDC Application 2007 -8 Ext Request 8801 Itr pdf D MIH 20 8 Agreement odf MIHS Extension Letter MIHS 2008 Agreement Type: Executive Summary Agreement Backup Material Agreement Item # 16F5 September 23, 2008 Page 3 of 19 SECOND AMENDMENT 2008 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE MARCO ISLAND HISTORICAL SOCIETY This Second Amendment to the 2008 Tourism Agreement, made this _ day of September, 2008, (hereinafter "Second Amendment "), is entered into by and between Collier County (hereinafter "COUNTY "), and the Marco Island Historical Society (hereinafter "GRANTEE "). WITNESSETH: WHEREAS, the COUNTY and GRANTEE entered into a 2008 Tourism Agreement dated September 25, 2007 (the "Agreement "); and WHEREAS, the COUNTY and GRANTEE desire to further amend the terms of the Agreement. NOW, THEREFORE, in consideration of valuable consideration and the premises and mutual covenants hereinafter set forth, the parties agree as follows: 1. The following provision shall be added to Paragraph IS TERM of the Agreement. This Agreement is hereby extended until December 31, 2008, provided that the Grantee is not otherwise in default or breach of this Agreement. 2. Except as provided herein, the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers and their official seals, hereto affixed the day and year fast written above. DATED: ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk Approved as to form and legal sufficiency: K Colleen M. Greene Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, Chairman WITNESSES: (I) Signature Printed/Typed Name (2) Signature Printed/Typed Name Item # 16F5 September 23, 2008 Page 4 of 19 GRANTEE: MARCO ISLAND HISTORICAL SOCIETY M Fiori `Bill' Perdichizzi, Vice President Item # 16F5 p C Members tember 23, 2008 a2CQ �a�a rl ci &iazlcai C�7 o.ci,et!t �r e 5 of 19 American eum Association 168 rnaa'ao rnrn aim Uric¢, q�Jaiand, Off d 34145 Florida Association or Museums iPP �e,.dee'k;gJ.e, `0 eee �aeai.denk o� i�dmLni,nkmakLon, '�Il,�°JCS United Arts Council Gr A''y f'•' U' ePeJsivane: (289) 394- 6917, +04057 �n.a�Pen. n.eX Florida Anthropological -- Association Southwest Florida August 1, 2008 Archaeological Society Marco Island Chamber Jack Wert, Executive Director or Commerce Tourist Development Council FANo 3050 Horseshoe Drive, Suite 218 Florida Trust Naples, Florida 34104 Dear Jack, The MIHS is requesting an extension of the 2008 TDC contract. On July 7, 2008 (see attached letter July 7, 2008) the MIHS requested a start date to start site development work for the Marco Island Museum. The MIHS did not receive the start date, instead, the MIHS met with Hank Jones, of Facilities Management, on July 29. At that meeting Mr. Jones indicated that the County did not tike the esthetic appearance of the south water retention ditch and asked the MIHS to revise its structure. Since time is becoming critical and we do not have a start date from the County, the MIHS is concerned about being able to meet the September 30 deadline for expenditure of TDC and MIHS matching funds. Therefore, The MIHS is requesting an extension to the TDC FY 2008 contract of two months from the receipt of the start date from the County. Thank you, Bill Perdichizzi Vice President for Administration MIHS 394 -6917 Attachment: Letter to the County dated July 7, 2008 CC: Kelly Green n 9 r ems e.r wvrvq, tllver A,Ls t Garr cvn cG BvervL 1a.191& olt &u. z, wanvtm wn1U1 y,. n tl fivers ervwr n q, tire, A,t&tlar ep an cG Avervttager at acvv &atmnvevcattt . tl Item # 16F5 %9Q� t p c &f1a .3 maiaslcai Vaeiei!. MemberS tember 23, 2008 e 6 of 19 American eum n Pam �y cC t� 168 aaa�.aL J aPm Lzi�2e, Jll,a�.ca �aiand, �J �2, 9414,5 Association Florida Association of �q . iif �ecai.efii��.i, V uce �s¢o,i3en -C u� Q3mtninizuiinn, ,.� eS Museums United Arts Council e`jefep$.one: (239) 394-6917, t9maii: +04051 �„.apQee..:.eK Florida Anthropological Association July 7, 2008 Southwest Florida Archaeological Society Marco Island Chamber of Commerce Hank Jones FANG Principal Project Manager Florida Trust Facilities Management Department 3301 East Tamiami Trail, Building "W" Naples, FL 34112 Re: Marco Island Historical Society Museum Site Development Plan Submittal Dear Hank, A copy of Landy Engineering's cover letter transmitting updated site plans to the City and copies of the latest site plan updates and updated water management calculations are attached. We believe that the updates will satisfy both the City of Marco Island's and the County's concerns. If these updates are satisfactory, the MIHS requests a site development start date from the County so that site preparation can commence immediately upon contract award. The City has indicated that site preparation can begin prior to permitting. Sincerely, Bill Perdichizzi. p Vice President for Administration Marco Island Historical Society CC: Marla Ramsey Ron Jamro tl fivers ervwr n q, tire, A,t&tlar ep an cG Avervttager at acvv &atmnvevcattt . tl 0 2008 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND MARCO ISLAND HISTORICAL SOCIETY, INC. Item # 16F5 September 23, 2008 Page 7 of 19 THIS AGREEMENT, is made and entered into this :jS "day of 2007, 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 for construction of Heritage Hall and exhibits; and WHEREAS, The Tourist Development Council has recommended funding for the construction of Heritage Hall; 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 TIM 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 "A ", the GRANTEE shall expend the funds for the construction of Heritage Hall (hereinafter "the Project "). 1 • Item # 16F5 • September 23, 2008 Page 8 of 19 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of One Hundred Twenty -Five Thousand Dollars ($125,000). 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 invoices to the Executive Director of 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 "A" 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 A ". (f) GRANTEE is required to pay matching funds for the Project in the amount of $125,000 in the form of cash or in-kind contributions. For each request for funds, GRANTEE shall produce documentation of the cash or in -kind contribution equalling the sum requested. For in -kind contributions, GRANTEE shall provide a letter from the donor which explains the contribution and its value. The cash contribution shall not be less than $93,750. 3. ELIGIBLE EXPENDrrURES: (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, 2007 and September 30, 2008. `' • Item # 16F5 September 23, 2008 Page 9 of 19 (e) COUNTY may withhold any interim or final payments for failure of GRANTEE to provide the interim status report or final status report until the County receives the interim status report or final status report or other report acceptable to the Executive Director of the CVB. 6. CHOICE OP VENDORS AND PAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph One (1). (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. (c) GRANTEE agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION: GRANTEE shall indemnify and hold harmless Collier County, its agents, officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the GRANTEE or anyone employed or utilized by the GRANTEE in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. 8. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Ell • • Item # 16F5 September 23, 2008 Page 10 of 19 Bill Perdichizzi, Vice President for Administration Marco Island Historical Society, Inc. 168 Royal Palm Drive Marco Island, Florida 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 3050 N. Horseshoe Drive, Suite 218 Naples, Florida 34104 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE, or its vendors or subcontractors, as an agent or employee of the COUNTY. 10. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this Agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. 11. TERMINATION: (a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination specifying the effective date of termination. (b) If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the termination so long as such expenses are eligible. 5 • Item # 16175 September 23, 2008 Page 11 of 19 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. AVAILABUM 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 WGIMN 15. 717": This Agreement shall become effective on October 1, 2007 and shall remain effective for one (1) year until September 30, 2008. If the project is not completed within the term of this agreement, all unreleased funds shall be retained by the COUNTY. Any extension of this agreement beyond the one (1) year term in order to complete the Project must be at the express consent of the Collier County Board of County Commissioners. 16. The GRANTEE must request any extension of this term in writing at least sixty (60) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one (1) year. 17. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Executive Director of the CVB or his designee, along with a final budget analysis by November 15, 2008. 18. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County and the Tourist Development Council as sponsors. 2 E Item # 16F5 September 23, 2008 Page 12 of 19 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... Approved as to form and legal sufficiency _- Heidi F. Ashton Assistant County Attorney . I • Pnnted/T"ed Narrie i • ' M • • • WN • �t • GRANTEE: MARCO ISLAND HISTORICAL SOCIETY, INC. BY: K01 F.'ofi Gri• /�� • riz Pri tedlfyped Natlt fie �4.�r,�¢�,TAa�wuaisTr.T� Printed/Typed Title Construction Costs TOTAL . • Item # 16F5 September 23, 2008 Page 13 of 19 EXH[BIT "A" Marco Island Historical Society, Inc. Project Budget Funding (Not to Exceedl $125,000 $125,000 • • Item # 16F5 September 23, 2008 Page 14 of 19 EXIIIBIT "B" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: UK&-t* Interim Status Report TITLE: PHONE: FAX: 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? • • Item # 16F5 September 23, 2008 Page 15 of 19 EXHIBIT "C" Collier County Tourist Development Council REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Final Status Report TITLE: FAX: On an a #ached sheet: answer the following questions for each element In your scooe of work. FII&I — These questions should be answered for your final status report. Was this a first time project? If not, how many times has this event taken place? What hotels/motels were utilized to support the project and how many? What is the total revenue generated for this event? Total expenses. (Have all vendors been paid ?) List the vendors that have been paid, if not, what invoices are still outstanding and why? What is the number of participants that visited the project? What is the percentage of the total participants from out of Collier County? What problems occurred if any during the project event? List any out -of- county- advertising, marketing, and/or public relations that was used to support the project and attach samples. How could the project been improved or expanded? 10 i • Item # 16F5 • September 23, 2008 Page 16 of 19 EXHIBIT "D" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT ORGANIZATION CONTACT PERSON TELEPHONE ( ) REQUEST PERIOD REOUEST# ( ) INTERIM REPORT TOTAL CONTRACT AMOUNT EXPENSE TOTALS FROM ( ) FINAL REPORT BUDGET REIMBURSEMENT REQUESTED NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Copies of paid Invoices, cancelled checks, tar 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; tar sheets without date, company or organizations name. A tar 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 subcontrectora 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 act 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 49 days for the County to process a check Furnishing Islas Information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on our official accounting system and records, consistently applied and maintained and that the cost shown have been made for the purpose of and In accordance with, the terms of the contract. The funds requested are for reimbursement of actual cost made during this time period. SIGNATURE TITLE 11 r� AdIL Item # 16F5 ACORO CERTIFICATE OF LIABILITY INSURANC.r °P' s fG-MxcP L M / PRODUCER THIS CERTIFICATE IS ISSUED AS AMATTER OF INFORMATION GATE MAID ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Dawson of Florida; Naples HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 6609 Willow Park Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Naples FL 34109 Phoae:239- 261 -6116 Fax:239- 261 -2803 INSURERS AFFORDING COVERAGE NAIL# INSURED INSLIERA Auto- Owners Insurance 18988 INSURER e. 2059385306 Margo Island Historical INSL$ERc ES Oxurer society, Inc. P.O. Box 2282 Marco Island FL 34146 -2282 INSIr>&R D 9 ADV IN3RiY NS EER E ^_ THE POLICIES OF INSIPFNCE LISTED BELOW HAVE BEEN ISBLED TO THE INSLRED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTWfIMaTA"DING NJY REOUIRFMEM EMOCOWMMa NCONTF'70ROHRD WTHRSPECTO "ICHHISCERTIFICATMYBEISDO MAY PERTAIN, TE , NSURMKE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SI.BXCTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIME SHOWN MAY HAVE BEEN REDUCED BY PAID CUNNB. L M l.N961IILLfl I NN TYPE OF INSURANCE POLICY NULIBER GATE MAID 91gULD ANY OF INEABOVE DESCRIBED POLICIES BE LANCELLEO BEFORE THE IXPSTATgN LMTT9 Collier County Board of County GENERAL LIABILITY o i.sioDeve LRREJCE $1,000,000 A X X COMALRCIAL GENERAL LIABILITY CLAIMS MADE � OCCUR 2059385306 11101106 7w$1,000,000 ES Oxurer $50,000 Arty o 1.r ) $5,000 9 ADV IN3RiY $1,000,000 ^_ AL HOIita:O REPRE GS ACORD 25 (2001/08) 0 ACORD CORPORATION 1988 AGGREGATE $1,000,000 GENLAGGREGATELIMRAFPLIESPER'. POLICY JE LOC - COMP/OP qGG f 1,000,000 AUTOMOBLLE U1B6TTIr (ECernaeWc 1)INGLE LIMIT $ TOS 1T05 BODILY INJURY (Prpason)BODILY $ fT05 LM� INJURY (Pa eccleaV) f PROPERTY DAMAGE (Per K.M ) f AUTO ONLY - EAACCIOEI 9 ANYA RO OTHER T!NN E4 PGC $ AUTO ONLY: AGG f EXCE98AIMBRJS. ALIABI DDQFt CLAIMS MADE EACH OCCURRENCE f AGGREGATE 9 i DEDUCIBLE f RETENTION 9 f WORKERS COILP@16ATON AND EMPLOYERS LMBLRY TORY LMffS ER E.L. EACH ACCIDENT $ ANY PROPRIETORAPART ERIEXECLRIVE OFFICERMEMBER EXCLUDEDT E.L. DISEASE -EA EM0.0YEE i If yes. d..Hl weer E.L. DISEASE - POLICY LMIi 9 SPECIALPROVISIONS1,91m OTHER OEBCRPTTON OF OPERATX)NSf LOGTONBI LEB /E %CLU910N8 ADDED BY ENOORSEMENTI SPEOML PROVISIONS Collier County Board of County Commisioners and Tourist Development Council are listed as additional insured regards to General Liability. - -.• •.. • -• • • - • • - - -�•• l.N961IILLfl I NN COLLI25 91gULD ANY OF INEABOVE DESCRIBED POLICIES BE LANCELLEO BEFORE THE IXPSTATgN Collier County Board of County GTETEREDF, THE ISSUING IN9UT6l W$1 ENDEAVORTO MAIL 10 DAYS WRITTEN o i.sioDeve Tourist Development COIIIICi.l NOTICE TO THE CERTIFICATE HOLDER NAKED TO THE LEFT, BUT FAILURE TO DO 90 SHALL 3301 Tamiasni Tr 8 IMPOSE NO OBLIGATION OR LJABRRY OF ANY KIND UPON THE INSURER ITS AGENTS OR Naples FL 34112 REPRE9G'lTATNEa ^_ AL HOIita:O REPRE GS ACORD 25 (2001/08) 0 ACORD CORPORATION 1988 ncin it ioro Page 18 of 19 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 after the coverage afforded by the policies listed thereon. eb1 11: • • Item # 161F5 September 23, 2008 Page 19 of 19 (c) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY's written request to repay said funds. (d) COUNTY may request repayment of funds for a period of up to three (3) years after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additional insureds. (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 within ten (10) days of the approval of this Agreement by the COUNTY. The GRANTEE shall not commence activities hereunder which are to he funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY and the Agreement is fully executed. • a• • • r • r ter (a) GRANTEE shall provide to County a quarterly Interim Status Report on the form attached hereto as Exhibit `B ". (b) GRANTEE shall provide to County a Final Status Report on the form attached hereto as Exhibit "C" no later than November 15, 2008. (c) The report shall identify the amount spent, the duties performed, the services provided and the goods delivered since the previous reporting period. (d) GRANTEE shall take reasonable treasures to assure the continued satisfactory performance of all vendors and subcontractors. 3