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Agenda 09/23/2008 Item #16F 9Item # 16179 September 23, 20 Page 1 of 83 EXECUTIVE SUMMARY Recommendation for the Board of County Commissioners to authorize six (6) FY 09 Tourism Agreements funded from Tourist Tax Category "C -2" revenue in the Cumulative amount of $567,500 and authorize the Chairman to sign said Agreements. OBJECTIVE: To provide grant assistance to non - County owned and operated museums for FY 09 from Tourist Tax Category `C -2" revenue. CONSIDERATIONS: Cateuory "C -2" Grant Agreements: Grant Applications were made available on our tourism website in January and were due March 30, 2008. In accordance with the Grant Criteria, the applications were first reviewed by the Tourism Director and then by a panel of five tourism industry representatives including: Lisa Boer, Naples Originals, representing the restaurant industry; Annette Alvarez, General Manager of Waterside Shops, representing the retail and shopping industry; Doug Rickenbach, Naples Zoo, representing the attractions industry; Jennifer Fox, Norris Center, representing the cultural community and Jim Hennessey, Residence Inn - Naples, representing the hotel industry. One change was made in the Category "C" criteria after the application forms were distributed. The requirement for "Dollar for Dollar Matching Funds" was eliminated from the reimbursement -- requirements in order to clarify that these are reimbursement grants and the grantee must spend the money and then request reimbursement for qualified expenses. This change was reviewed and approved by the TDC at their March 24, 2008 TDC meeting. 1. Children's Museum of Collier County- $150,000: This new museum will be built on the north side of North Collier Regional Park and will break ground this summer. The organization applied for a grant in FY 08, and was approved for $125,000, but later withdrew the grant due to delays in permitting and fund raising. They have currently raised $10 million dollars and are well on their way to building a first -class museum dedicated totally to children. The grant request is for assistance in the Grand Opening marketing expenses. Visitation for the first year of operation is estimated at 75,000 with a projected economic impact of $4.5 million. The requested amount was $200,000 and the Grant Review Committee recommends funding $150,000 specifically for out of market promotion expenses. 2. Conservancy of SW Florida - $42,500: The request was for $63,500 to build and promote the new "Raptor Capture Exhibit". The conservancy applied for a Category C -2 grant last year to rehab an existing exhibit. They were awarded a $40,000 Category `B" marketing grant to assist them in promoting the museum to build lagging attendance. They also received a $100,000 grant in 2004 to build the "Everglades: A Work in Progress" exhibit. The Conservancy estimates their visitor count will grow to 32,000 in FY 09, an increase of nearly 5,500 with an economic impact of $1.2 million due in part to the new exhibit. The Grant Review Committee recommends funding at $42,500 for building the exhibit and for out of market promotion expenses. Item # 16F9 September 23, 2C Page 2 of 83 Category C -2 Grant Applications Cont. 3. Holocaust Museum of SW Florida - $100,000: The request was for $250,000 to promote the Boxcar Exhibit in out of market media. The exhibit will travel around the County and region to promote tolerance. This organization applied for and was granted $100,000 in FY 08 for promoting the Boxcar Project opening ceremonies at the Naples Depot. The event was a big success and the traveling boxcar exhibit has been seen at schools all over Collier County. The museum staff estimates they have generated 250 hotel room nights in FY 08 from their boxcar exhibit. Economic impact for FY 09 is estimated at $1 million from the operation of the Museum based on visitation of 30,000. The Grant Review Committee recommends funding of $100,000 for FY 09 for use in promoting the boxcar exhibit in out of market areas where the TDC is also marketing the destination. 4. Marco Island Historical Society - $100,000: The request was for $250,000 to constrict the Living History Hall at the new Marco Island Museum. This organization applied for and was awarded a grant in FY 08 for $125,000 to build Phase I of the Museum. They have been very successful in raising funds for this project and have been able to move forward with construction of the main exhibit hall. They are returning to the TDC with a request to build another section of the museum. The museum will be under construction for some time, so estimates of economic impact, hotel room nights and visitation are difficult. The Collier County Museum staff will manage this Marco Island facility once the museum is completed. For the first year of operation for the new museum, visitation is estimated at 10,000 with 80% from out of the area, and an economic impact of $2.7 million for 2009. The Grant Review Committee recommends funding for FY 09 at 5100,000. 5. Naples Art Association dba von Liebig Art Center - $50,000: This organization has been funded the past two years by tourist tax funds (FY 07 $50,000; FY 08 $38,000). They have requested funding assistance for FY 09 for marketing the Center to attract out of town visitors. The request is for $100,000 and the Grant Review Committee recommends funding at $50,000 for out of market media. The Association estimates an economic impact of $6.3 million, 875 room nights and 55,350 attendees from their marketing efforts in FY 09. 6. Freedom Memorial Task Force - $125,000: Plans for the Freedom Memorial began in 2004, when the Collier County Board of County Commissioners declared September "Freedom Month" in Collier County and launched a campaign entitled, "What Does Freedom Mean to You ? ". The memorial will pay tribute to members of our armed forces who have sacrificed their Lives in the defense of our nation along with the law enforcement officers, firefighters, emergency medical personnel and civilians who died in the September 11, 2001 terrorist attacks. The TDC recommended funding $125,000 for assistance in construction of the memorial. ADVISORY COMMITTEE RECOMMENDATION: The TDC unanimously recommended approval of these grants and subsequent Tourism Agreements at their May 21, 2008 and June 23, 2008 meetings respectively. LEGAL CONSIDERATIONS: This item and the Agreements have been reviewed by the County Attorney Office. It is legally sufficient for Board action. - CMG Item # 16F9 September 23, 20 Page 3 of 83 FISCAL IMPACT: Funding for these grants are appropriated within the tentative FY 09 Non County Museum Fund (193) budget which is scheduled for BCC approval on September 18, 2008. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approve for funding six (6) Category "C -2 Tourism Agreements identified as the Children's Museum of Collier County ($150,000), Conservancy of SW Florida ($42,500), Holocaust Museum of SW Florida ($100,000), Marco Island Historical Society ($100,000), Naples Art Association dba von Liebig All Center ($50,000) and Freedom Memorial Task Force ($125,000) for a total allocation of $ $567,500 and authorize the Chairman to sign said Agreements. PREPARED BY: Jack Wert, Tourism Director Item # 16F9 September 23, 20 Page 4 of 83 Recommendation for the Board of County Commissioners to approve six (6) Tourism Agreements for FY 09 Tourist Tax Category & #8220;C -2& #8221; Grant Requests totaling $567,500 and authorize the Chairman to sign said Agreements. Prepared By: Department Tourism Approved By: Department Approval County Attorney Approved Approved By: Department Approval Office of Management and Approved Budget Approved By: Department Approval County Manager's Approved Office ATTACHMENTS: Name' D CMC- 2GrantApps- BCC9.23.0812].doc Date 9/10/2008 10:29:26 AM Date 9/16/2008 9:52 AM Date 9/16/2008 11:27 AM Date =1-Y W1 W.VZONZIAl Description: Type: Executive Summary Executive Summary D Tourism_ Agreement Chi ldren's_Museu m_of_naples,pdf 2009 Tourism Agreement - Children's Museum of Agreement Naples ❑ Tounsm_Agreement Conservancy ot 2009 Tourism Agreement tlorida.pdf - Conservancy of Southwest Agreement _Southwest Florida, Inc. D Tourism Agreement_ Holocaust , pdf 2009 Tourism Agreement - Holocaust Museum of Agreement _Museum Southwest Florida Tourism _ Agreement_ Marco _Islantl_Historical _Society.pdf 2009 Tourism Agreement - Marco Island Historical Agreement Society D Tounsm_Agreement_ Naptes_Art_Association.tedf 2009 Tourism Agreement Naples Art Association Agreement D Tourism _Agreement_Freedom_ Memorial Task_ Force.pdf 2009 Tourism Agreement - Collier County F7eedom Agreement _ Memorial Task Force Item # 16F9 September 23, 20 Page 5 of 83 2009 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CHILDREN'S MUSEUM OF NAPLES, INC. THIS AGREEMENT, is made and entered into this day of , 2008, 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 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 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 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 Grand Opening (hereinafter "the Project "), to include, but not be limited to: 1 Item # 16F9 September 23, 20 Page 6 of 83 (i) Advertising and promotional expenses in media outside of Collier County to increase the number of visitors to Collier County. (ii) Working with Neighborhood America (wxvw. tie iehborhoodameriea.coml to develop a highly interactive web site promoting the grand opening of the Children's Museum. (iii) The development of a traveling exhibit to promote the Children's Museum. 2. PAYMENT: (a) The 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 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 invoices 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. 2 Item # 16F9 September 23, 20 Page 7 of 83 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in Paragraph One (1) will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2008 and September 30, 2009. (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 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 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. 3 Item # 16F9 September 23, 20 Page 8 of 83 (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. 2009. (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 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. 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, 4 Item # 16F9 September 23, 20 Page 9 of 83 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, Florida 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 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. 5 Item # 16F9 September 23, 20 Page 10 of 83 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, 2008 and shall remain effective for one year until September 30, 2009. 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. R Item # 16F9 September 23, 20 Page 11 of 83 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, 2009. 18. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County and the Tourist Development Council as one of the sponsors. 19. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency olleen Greene Assistant County Attorney LIN 7 Tom Henning, Chairman WITNESSES: GRANTEE: Printed/Typed Name (2) Printed/Tv ped Name CHILDREN'S MUSEUM OF NAPLES, INC. Printed/Typed Name Printed/Typed Title Item # 16F9 September 23, 20 Page 12 of 83 Item # 16F9 September 23, 20 Page 13 of 83 EXHIBIT "A" Collier County Tourist Development Council Preliminary Status Report rwUllid , r_AkIrA1A REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: On an attached sheet, answer the following 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 rooms 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. 0 Item # 16F9 September 23, 20 Page 14 of 83 EXHIBIT "B" Collier County Tourist Development Council Interim Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: On an attached sheet, answer the following questions to identify the status of the proiect Submit this report at least quarterly. INTERIM — These questions will identify the current status of the project. After the TDC staff reviews this Interim Status Report, if they feel you are behind schedule on the planning stages, they will make recommendations to help get the project stay on schedule. Has the planning of this project started? At what point are you at with the planning stage for this project? (Percent of completion) Will any hotels /motels be utilized to support this project? If so, how many hotel room nights will be utilized? What is the total dollar amount to date of matching contributions? What is the status of 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? 10 EXHIBIT "C" Collier County Tourist Development Council I:klrjQ11a0F_ &1:11 ia4 go] :ir 7e111 OR ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Final Status Report TITLE: FAX: Item # 16F9 September 23, 20 Page 15 of 83 On an attached sheet, answer the following 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? 11 Item # 16F9 September 23, 20 Page 16 of 83 EXHIBIT "D" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT 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. SIGNATU ii] Item # 16F9 September 23, 20 Page 17 of 83 EXHIBIT "E" Naples Marco sand Everglades ° °°°° 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 ATTRACTIONS. NAME: ADDRESS: CITY ST ZIP DATE OF ARRIVAL: DATE OF DEPARTURE: WHERE ARE YOU HOTEL /RESORT FRIENDS /FAMILY CONDOMINIUM STAYING? NAME OF HOTEL AND CITY /AREA: NAME OF CONDOMINIUM /TIMESHARE: # OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY= HOW DID YOU SELECT THE HOTEL /CONDOMINIUM? INTERNET ( j YOUR CHOICE ( ) TRAVEL AGENT ( } OTHER: NUMBER OF MEALS YOU & YOUR GROUP WILL EAT OUT: Number of people in your party = Number of days of your visit = _ Number of meals eaten out each day = _ PLANNED AREA ACTIVITIES: (Please circle all that apply) ARTS & CULTURE WATER SPORTS NATURE 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 Other Kayaking Conservancy of SW FL Other Lake Trafford Other SHOPPING AND DINING Fifth Avenue South Third Street South Waterside Shops Venetian Bay Bayfront Tin City Prime Outlets Other _... SIGHTSEEING Lunch /Dinner Cruise/ Sunset Cruise City Trolley Tour Everglades Tour Segway Tour Dolphin Cruise Other 13 FAMILY ATTRACTION Naples Zoo Naples Botanical Garden Fun 'n Sun Water Park Swamp Buggy Race Mini Golf King Richard's Fun Park Other RELAXATION & Golf Spa Shelling Seminole Casino Lounges & Clubs Music Other EXHIBIT "F" Children's Museum of Naples, Inc. Project Budget Promotion of Grand Opening Total: 14 Item # 16F9 September 23, 20 Page 13 of 83 Funding — Not to Exceed $150,000 $150,000 Item # 16F9 September 23, 20 Page 19 of 83 2009 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CONSERVANCY OF SOUTHWEST FLORIDA, INC. THIS AGREEMENT, is made and entered into this day of 2008, by and between the Conservancy of Southwest Florida, 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 major event speakers and supplies, bird training equipment and supplies and Dade, Broward and Palm Beach Counties advertisement; 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 include, but not be limited to, the funding of major event speakers and supplies, bird training equipment and supplies, Program 1 Item # 16F9 September 23, 20 Page 20 of 83 Manager's salary and for print advertisements in Dade, Broward and Palm Beach Counties to promote the Raptor Rapture program (hereinafter "the Project"). 2. PAYMENT: (a) The maximum amount to be paid under this Agreement shall be a total of Forty- Two Thousand Five Hundred Dollars ($42,500). 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 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 invoices] 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. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in Paragraph One (1) will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October I, 2008 and September 30, 2009. 2 Item # 16F9 September 23, 20 Page 21 of 83 (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, 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, 2009. (d) Each report shall identify the amount spent, the duties performed, the services provided and the goods delivered since the previous reporting period. 3 Item # 16F9 September 23, 20 Page 22 of 83 (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 Conservancy of Southwest Florida, 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 VFNDORS 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. 0 Item # 16F9 September 23, 20 Page 23 of 83 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: Andrew McElwaine, President and CEO Conservancy of Southwest Florida 1450 Merrihue Drive Naples, Florida 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 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 5 Item # 16F9 September 23, 20 Page 24 of 83 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, 2008 and shall remain effective for one year until September 30, 2009. If the project is not completed within the term of this agreement, all unreleased funds shall be retained by the COUNTY. Any extension of this agreement beyond the one (1) year term in order to complete the Project must be at the express consent of the Collier County Board of County Commissioners. 16. The GRANTEE must request any extension of this term in writing at least sixty (60) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one (1) year. 17. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Executive Director of the CVB or his designee, along with a final budget analysis by October 31, 2009. M Item # 16F9 September 23, 20 Page 25 of 83 18. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County and the Tourist Development Council as one of the sponsors. 19. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency Assistant County Attorney WITNESSES: (1) Printed/Typed Name (2) Printed/Typed Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA IIn TOM HENNING, Chairman GRANTEE: CONSERVANCY OF SOUTHWEST FLORIDA Printed/Typed Name Printed/Typed Title 7 Item # 16F9 September 23, 20 Page 26 of 83 EXHIBIT "A" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Preliminary Status Report TITLE: FAX: On an attached sheet, answer the following 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 rooms 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. 0 _ EXHIBIT "B" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: 1=15]111 Interim Status Report TITLE: Item # 16F9 September 23, 20 Page 27 of 83 On an attached sheet, answer the following questions to identify the status of the proiect. Submit this report at least quarterly. INTERIM — These questions will identify the current status of the project. After the TDC staff reviews this Interim Status Report, if they feel you are behind schedule on the planning stages, they will make recommendations to help get the project stay on schedule. Has the planning of this project started? At what point are you at with the planning stage for this project? (Percent of completion) Will any hotels /motels be utilized to support this project? If so, how many hotel room nights will be utilized? What is the total dollar amount to date of matching contributions? What is the status of 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? EXHIBIT " C" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Final Status Report TITLE: FAX: Item # 16F9 September 23, 20 Page 28 of 83 On an attached sheet, answer the following questions for each element in your scope of work. Final — These questions should be answered for your final status report. Was this a first time project? If not, how many times has this event taken place? What hotels /motels were utilized to support the project and how many? What is the total revenue generated for this event? Total expenses. (Have all vendors been paid ?) List the vendors that have been paid, if not, what invoices are still outstanding and why? What is the number of participants that visited the project? What is the percentage of the total participants from out of Collier County? What problems occurred if any during the project event? List any out -of- county- advertising, marketing, and /or public relations that was used to support the project and attach samples. How could the project been improved or expanded? 10 EXHIBIT "D" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE ( ) REQUEST PERIOD REQUEST# ( I INTERIM REPORT TOTAL CONTRACT AMOUNT EXPENSE TOTALS FROM ( ) FINAL REPORT BUDGET REIMBURSEMENT REQUESTED Item # 16F9 September 23, 20 Page 29 of 83 NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Copies of paid invoices, cancelled checks, tear sheets, printed samples or other backup information to substantiate payment must accompany request for funds. The following will not be accepted for payments: statements in place of invoices; checks or invoices not dated; tear sheets without date, company or organizations name. A tear sheet is required for each ad for each day or month of publication. A proof of an ad will not be accepted. Each additional request for payment subsequent to the first request, Grantee is required to submit verification in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. If project budget has specific categories with set dollar limits, the Grantee is required to include a spreadsheet to show which category each invoice is being paid from and total of category before payment can be made to Grantee. Organizations receiving funding should take into consideration that it will take a maximum of 45 days for the County to process a check. Furnishing false information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on our official accounting system and records, consistently applied and maintained and that the cost shown have been made for the purpose of and in accordance with, the terms of the contract. The funds requested are for reimbursement of actual cost made during this time period. SIGNATURE TITLE 11 Item # 16F9 September 23, 20 Page 30 of 83 EXHIBIT "E" Naples Marcy °= Everglades ....1 VISITOR QUESTIONNAIRE Welcome to the Paradise Coast s". Thank you for choosing this area for your visit. Please take a few minutes to complete the following questions so that we can better serve the needs of future visitors to Florida's Last Paradise sm. PLEASE REFER TO OUR PARADISE COAST BROCHURES FOR THE LOCATION OF ALL AREA ATTRACTIONS. NAME: ADDRESS: CITY ST ZIP _ DATE OF ARRIVAL: DATE OF DEPARTURE: WHERE ARE YOU HOTEL /RESORT FRIENDS /FAMILY CONDOMINIUM STAYING? NAME OF HOTEL AND CITY /AREA: NAME OF CONDOMINIUM/TIMESHARE: # OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY YOU SELECT THE INTERNET ( ) YOUR CHOICE ( ) TRAVEL AGENT ( ) OTHER: Fifth Avenue South Lunch /Dinner Cruise/ NUMBER OF MEALS YOU & YOUR GROUP WILL EAT OUT: Third Street South Number of people in your party = Golf Waterside Shops Number of days of your visit = Spa Venetian Bay Number of meals eaten out each day = Shelling Bayfront PLANNED AREA ACTIVITIES: (Please circle all that apply) Tin City ARTS & CULTURE WATER SPORTS NATURE FAMILY ATTRACTIONS von Liebig Art Center Beaches Everglades Tour Naples Zoo Naples Museum of Art Naples Pier County Pants Naples Botanical Garden Sugden Theatre Shelling National Park Fun 'n Sun Water Park Naples Philharmonic Fishing State Parks Swamp Buggy Race Art Galleries Boating Corkscrew Swamp Mini Golf Other Kayaking Conservancy of SW King Richard's Fun Park Other FL Other Lake Trafford Other SHOPPING AND DINING SIGHTSEEING RELAXATION & Fifth Avenue South Lunch /Dinner Cruise/ ENTERTAINMENT Third Street South Sunset Cruise Golf Waterside Shops City Trolley Tour Spa Venetian Bay Everglades Tour Shelling Bayfront Segway Tour Seminole Casino Tin City Dolphin Cruise Lounges 8 Clubs Prime Outlets Other Music Other Other 12 Item # 161`9 September 23, 20 Page 31 of 83 EXHIBIT "F" Conservancy of Southwest Florida Project Budget Funding — Not to Exceed Funding of major event speakers and supplies, $42,500 bird training equipment and supplies, Program Manager's salary and for print advertisements in Dade, Broward and Palm Beach Counties to promote the Raptor Rapture program Total: 13 $42,500 Item # 16F9 September 23, 20 Page 32 of 83 2009 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE HOLOCAUST MUSEUM OF SOUTHWEST FLORIDA THIS AGREEMENT is made and entered into this — day of , 2008, by and between the Holocaust Museum of Southwest Florida, 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 V,'HEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds to continue to keep 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; 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 "E", the GRANTEE shall expend the funds to promote its Boxcar Exhibit out of market (hereinafter "the Project "), to include, but not be limited to, printing and distribution of 1 Item # 16F9 September 23, 20 Page 33 of 83 promotional pieces including creative design, printing, copying, ad placement cost and distribution of direct mail. 2. PAYMENT: (a) The maximum amount to be paid under this Agreement shall be a total of One Hundred Thousand Dollars ($100,000). GRANTEE shall be paid in accordance with fiscal procedures of the County for the expenditures incurred as described in Paragraph One (1) herein upon submittal of a request for funds on the form attached hereto as Exhibit "D" and made a part hereof, and shall submit invoices 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. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in Paragraph One (1) will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2008 and September 30, 2009. 2 Item # 16F9 September 23, 20 Page 34 of 83 (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, 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, 2009. (d) Each report shall identify the amount spent, the duties performed, the services provided and the goods delivered since the previous reporting period. Cl Item # 16F9 September 23, 20 Page 35 of 83 (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 Holocause Mueseum of Southwest Florida 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 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. 2 Item # 16F9 September 23, 20 Page 36 of 83 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 Holocaust Museum of Southwest Florida 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 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 9 Item # 16F9 September 23, 20 Page 37 of 83 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 [one flr7 15. TERM: This Agreement shall become effective on October I, 2008 and shall remain effective for one year until September 30, 2009. If the project is not completed within the tern of this agreement, all unreleased funds shall be retained by the COUNTY. Any extension of this agreement beyond the one (1) year term in order to complete the Project must be at the express consent of the Collier County Board of County Commissioners. 16. The GRANTEE must request any extension of this term in writing at least sixty (60) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one (1) year. 17. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Executive Director of the CVB or his designee, along with a final budget analysis by October 31, 2009. H Item # 16F9 September 23, 2C Page 38 of 83 18. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County and the Tourist Development Council as one of the sponsors. 19. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency e Assistant County Attorney WITNESSES: Printed/Typed Name (2) Printed/Typed Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA C TOM HENNING, Chairman GRANTEE: HOLOCAUST MUSEUM OF SOUTHWEST FLORIDA i Printed/Typed Name Printed/Typed Title 7 Item # 16F9 September 23, 20 Page 39 of 83 EXHIBIT "A" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Preliminary Status Report FAX: On an attached sheet, answer the following 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 rooms 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. H EXHIBIT °B" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Interim Status Report TITLE: I."7 Item # 1GF9 September 23, 20 Page 40 of 83 On an attached sheet, answer the following questions to identify the status of the project Submit this report at least quarterly. INTERIM — These questions will identify the current status of the project. After the TDC staff reviews this Interim Status Report, if they feel you are behind schedule on the planning stages, they will make recommendations to help get the project stay on schedule. Has the planning of this project started? At what point are you at with the planning stage for this project? (Percent of completion) Will any hotels /motels be utilized to support this project? If so, how many hotel room nights will be utilized? What is the total dollar amount to date of matching contributions? What is the status of the advertising and promotion for this project? Have your submitted any advertisements or printed pieces to the TDC staff for approval? Please supply a sample and indicate the ad schedule. How has the public interest for this project been up to this point? EXHIBIT " C" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Final Status Report TITLE: I M Item # 16F9 September 23, 20 Page 41 of 83 On an attached sheet, answer the following questions for each element in your scope of work. Final — These questions should be answered for your final status report. Was this a first time project? If not, how many times has this event taken place? What hotels /motels were utilized to support the project and how many? What is the total revenue generated for this event? Total expenses. (Have all vendors been paid ?) List the vendors that have been paid, if not, what invoices are still outstanding and why? What is the number of participants that visited the project? What is the percentage of the total participants from out of Collier County? What problems occurred if any during the project event? List any out -of- county- advertising, marketing, and /or public relations that was used to support the project and attach samples. How could the project been improved or expanded? 10 EXHIBIT "D" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT ORGANIZATION CONTACT PERSON TELEPHONE ( REQUEST PERIOD REQUEST# ( ) INTERIM REPORT TOTAL CONTRACT AMOUNT EXPENSE TOTALS FROM ( ) FINAL REPORT BUDGET REIMBURSEMENT REQUESTED Item # 16F9 September 23, 20 Page 42 of 83 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 11 Item # 16F9 September 23, 20 Page 43 of 83 EXHIBIT "E" Naples Marco Island Everglades VISITOR QUESTIONNAIRE Welcome to the Paradise Coast' ". 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 5 ". PLEASE REFER TO OUR PARADISE COAST BROCHURES FOR THE LOCATION OF ALL AREA ATTRACTIONS. NAME: ADDRESS: CITY ST ZIP DATE OF ARRIVAL: DATE OF DEPARTURE: WHERE ARE YOU HOTEL /RESORT FRIENDS /FAMILY CONDOMINIUM STAYING? NAME OF HOTEL AND CITY /AREA: NAME OF CONDOMINIUMITIMESHARE: # OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY = HOW DID YOU SELECT THE HOTEL /CONDOMINIUM? INTERNET ( ) YOUR CHOICE ( ) TRAVEL AGENT ( ) OTHER: NUMBER OF MEALS YOU 8r 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) von Liebig Art Center Naples Museum of Art Sugden Theatre Naples Philharmonic Art Galleries SHOPPING AND DINING Fifth Avenue South Third Street South Waterside Shops Venetian Bay Bayfront Tin Clty Prime Outlets Other WATER SPORTS NATURE Beaches Everglades Tour Naples Pier County Parks Shelling National Park Fishing State Parks Boating Corkscrew Swamp Kayaking Conservancy of SW Other FL Lake Trafford Other SIGHTSEEING Lunch /Dinner Cruise/ Sunset Cruise City Trolley Tour Everglades Tour Segway Tour Dolphin Cruise Other 12 FAMILY ATTRACTIONS Naples Zoo Naples Botanical Garden Fun 'n Sun Water Park Swamp Buggy Race Mini Golf King Richard's Fun Park Other RELAXATION & ENTERTAINMENT Golf Spa Shelling Seminole Casino Lounges $ Clubs Music Other Item # 16F9 September 23, 20 Page 44 of 83 EXHIBIT "F" Holocaust Museum of Southwest Florida Project Budget Funding — Not to Exceed Promote Boxcar Exhibit out of market, $100,000 to include, but not be limited to, printing and distribution of promotional pieces including creative design, printing, copying, ad placement cost and distribution of direct mail Total: 13 $100,000 Item # 16179 September 23, 2C Page 45 of 83 2009 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE MARCO ISLAND HISTORICAL SOCIETY, Inc. THIS AGREEMENT is made and entered into this day of 2008, 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 the Living History Hall which will be a second Visitor Center for Marco Island; and WHEREAS, the Tourist Development Council has recommended the funding toward building the Living History Hall which will be open for the community to use for local programs; and WHEREAS, the Board of County Commissioners has made a finding that GRANTEE qualifies as a museum; and WHEREAS, The Collier County Board of County Commissioners has approved the funding request of the GRANTEE and the Chairman was authorized to execute the Tourism Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: (a) In accordance with the authorized expenditures as set forth in the Budget, attached hereto as Exhibit "F ", the GRANTEE shall expend the funds for the construction Living History 1 Item # 16F9 September 23, 20 Page 46 of 83 Hall (hereinafter "the Project'), to include, but not be limited to, site work, landscaping, irrigation, lighting, paving, benches, concrete and steel structure, and internal finishing work. 2. PAYMENT: (a) The maximum amount to be paid under this Agreement shall be a total of One Hundred Thousand Dollars ($100,000). GRANTEE shall be paid in accordance with fiscal procedures of the County for the expenditures incurred as described in Paragraph One (1) herein upon submittal of a request for funds on the form attached hereto as Exhibit "D" and made a part hereof, and shall submit invoices 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 "E ", 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. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in Paragraph One (1) will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2008 and September 30, 2009. PAI Item # 16F9 September 23, 20 Page 47 of 83 (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, 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, 2009. (d) Each report shall identify the amount spent, the duties performed, the services provided and the goods delivered since the previous reporting period. 3 Item # 16F9 September 23, 20 Page 48 of 83 (e) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. (f) COUNTY may withhold any interim or final payments for failure of GRANTEE to provide the interim status report or final status report until the County receives the interim status report or final status report or other report acceptable to the Executive Director of the CVB. (g) GRANTEE shall request that visitors to the Marco Island Historical Society, Inc. complete the visitor questionnaire attached to this Agreement as Exhibit "E ". All completed visitor questionnaires shall be maintained in accordance with Section 13 of this Agreement. 6. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph One (1). (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. (c) GRANTEE agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION: GRANTEE shall indemnify and hold harmless Collier County, its agents, officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the GRANTEE or anyone employed or utilized by the GRANTEE in the performance of this Agreement. This indemnification obligation shall 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. EJ Item # 16F9 September 23, 20 Page 49 of 83 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: Bill Perdichizzi, Vice President Marco Island Historical Society 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 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 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 5 Item # 16F9 September 23, 20 Page 50 of 83 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, 2008 and shall remain effective for one year until September 30, 2009. If the project is not completed within the term of this agreement, all unreleased funds shall be retained by the COUNTY. Any extension of this agreement beyond the one (1) year term in order to complete the Project must be at the express consent of the Collier County Board of County Commissioners. 16. The GRANTEE must request any extension of this term in writing at least sixty (60) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one (1) year. 17. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Executive Director of the CVB or his designee, along with a final budget analysis by October 31, 2009. n Item # 16F9 September 23, 20 Page 51 of 83 18. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County and the Tourist Development Council as one of the sponsors. 19. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency Lel — Assistant County Attorney WITNESSES: Printed/Typed Name (2) Printed/Typed Name LIM TOM HENNING, Chairman GRANTEE: MARCO ISLAND HISTORICAL SOCIETY, INC. Ow Printed/Typed Name Printed/Typed Title 7 Item # 16F9 September 23, 20 Page 52 of 83 EXHIBIT "A" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Preliminary Status Report TITLE: FAX: On an attached sheet, answer the following 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 rooms 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. D EXHIBIT `B" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Interim Status Report TITLE: W Item # 16179 September 23, 20 Page 53 of 83 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 # 16F9 September 23, 20 Page 54 of 83 EXHIBIT " C1 Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Final Status Report TITLE: ;r_? Final — These questions should be answered for your final status report. Was this a first time project? If not, how many times has this event taken place? What hotels /motels were utilized to support the project and how many? What is the total revenue generated for this event? Total expenses. (Have all vendors been paid ?) List the vendors that have been paid, if not, what invoices are still outstanding and why? What is the number of participants that visited the project? What is the percentage of the total participants from out of Collier County? What problems occurred if any during the project event? List any out -of- county- advertising, marketing, and /or public relations that was used to support the project and attach samples. How could the project been improved or expanded? 10 Item # 16F9 September 23, 20 Page 55 of 83 EXHIBIT "D" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT ORGANIZATION 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 11 Item # 15F9 September 23, 20 Page 56 of 83 EXHIBIT "E" Naples Marc°Island Everglades PARADPSE °°... VISITOR QUESTIONNAIRE Welcome to the Paradise Coast'". Thank you for choosing this area for your visit. Please take a few minutes to complete the following questions so that we can better serve the needs of future visitors to Florida's Last Paradise sm. PLEASE REFER TO OUR PARADISE COAST BROCHURES FOR THE LOCATION OF ALL AREA ATTRACTIONS. NAME: ADDRESS: CITY ST ZIP OF ARRIVAL: PARTURE: WHERE ARE YOU HOTEL/RESORT FRIENDS /FAMILY CONDOMINIUM STAYING? NAME OF HOTEL AND CITY /AREA: NAME OF CONDOMINIUM/TIMESHARF # OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY = HOW DID YOU SELECT THE HOTEL /CONDOMINIUM? INTERNET ( ) YOUR CHOICE ( ) TRAVEL AGENT ( ) OTHER: NUMBER OF MEALS YOU & YOUR GROUP WILL EAT OUT: Number of people in your party = Third Street South Number of days of your visit = Waterside Shops Number of meals eaten out each day = Venetian Bay PLANNED AREA ACTIVITIES: (Please circle all that apply) ARTS & CULTURE WATER SPORTS NATURE von Llebig Art Center Beaches Everglades Tour Naples Museum of Art Naples Pler County Parks Sugden Theatre Shelling National Park Naples Philharmonic Fishing State Parks Art Galleries Boating Corkscrew Swamp Other Kayaking Conservancy of SW _ Other FL Lake Trafford Other SHOPPING AND DINING SIGHTSEEING Fifth Avenue South Lunch /Dinner Cruise/ Third Street South Sunset Cruise Waterside Shops City Trolley Tour Venetian Bay Everglades Tour Bayfront Segway Tour Tin City Dolphin Cruise Prime Outlets Other Other 12 FAMILY ATTRACTIONS Naples Zoo Naples Botanical Garden Fun 'n Sun Water Park Swamp Buggy Race Mini Golf King Richard's Fun Park Other RELAXATION & ENTERTAINMENT Golf Spa Shelling Seminole Casino Lounges & Clubs Music Other Item # 16F9 September 23, 20 Page 57 of 83 EXHIBIT "F" Marco Island Historical Society, Inc. Project Budget Funding — Not to Exceed Construction of the Living History Hall, $100,000 to include, but not be limited to, site work, landscaping, irrigation, lighting, paving, benches, concrete and steel structure, and internal finishing work. Total: 13 $100,000 Item # 16F9 September 23, 20 Page 58 of 83 2009 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES ART ASSOCIATION, INC. THIS AGREEMENT is made and entered into this day of , 2008, 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 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 the GRANTEE's exhibitions, festivals, special events, educational programs and workshops at The von Liebig Art Item # 16F9 September 23, 20 Page 59 of 83 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 (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 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. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in Paragraph One (1) will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2008 and September 30, 2009. 04 Item # 16F9 September 23, 2C Page 60 of 83 (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, 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. 2009. (d) Each report shall identify the amount spent, the duties performed, the services provided and the goods delivered since the previous reporting period. 9 Item # 16F9 September 23, 20 Page 61 of 83 (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 (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. rd Item # 16F9 September 23, 20 Page 62 of 83 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, Florida 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 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 temrination 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 M Item # 16F9 September 23, 20 Page 63 of 83 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, 2008 and shall remain effective for one year until September 30, 2009. If the project is not completed within the term of this agreement, all unreleased funds shall be retained by the COUNTY. Any extension of this agreement beyond the one (1) year term in order to complete the Project must be at the express consent of the Collier County Board of County Commissioners. 16. The GRANTEE must request any extension of this term in writing at least sixty (60) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one (1) year. 17. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Executive Director of the CVB or his designee, along with a final budget analysis by October 31, 2009. 11 Item # 16F9 September 23, 20 Page 64 of 83 18. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County and the Tourist Development Council as one of the sponsors. 19. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency 0 Assistant County Attorney WITNESSES: Printed/Typed Name (2) Printed/Typed Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, Chairman GRANTEE: NAPLES ART ASSOCIATION, INC. MM Printed/Typed Name Printed/Typed Title 7 Item # 16F9 September 23, 20 Page 65 of 83 EXHIBIT "A" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Preliminary Status Report TITLE: FAX: - On an attached sheet, answer the following 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 rooms 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. H EXHIBIT `B" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Interim Status Report TITLE: Item # 16F9 September 23, 20 Page 66 of 63 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? EXHIBIT "C" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Final Status Report TITLE: ly_IW7i Item # 16F9 September 23, 20 Page 67 of 83 On an attached sheet, answer the following questions for each element in your scope of work. Final — These questions should be answered for your final status report. Was this a first time project? If not, how many times has this event taken place? What hotels /motels were utilized to support the project and how many? What is the total revenue generated for this event? Total expenses. (Have all vendors been paid ?) List the vendors that have been paid, if not, what invoices are still outstanding and why? What is the number of participants that visited the project? What is the percentage of the total participants from out of Collier County? What problems occurred if any during the project event? List any out -of- county- advertising, marketing, and /or public relations that was used to support the project and attach samples. How could the project been improved or expanded? 10 EXHIBIT "D" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAM ORGANIZATION CONTACT PERSON TELEPHONE ( REQUEST PERIOD REQUEST# ( ) INTERIM REPORT TOTAL CONTRACT AMOUNT EXPENSE TOTALS FROM ( ) FINAL REPORT BUDGET REIMBURSEMENT REQUESTED Item # 16F9 September 23, 20 Page 68 of 83 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. SIGNATU 11 Item # 16F9 September 23, 20 Page 69 of 83 EXHIBIT "E" Naples Marco Island Everglades ° VISITOR QUESTIONNAIRE Welcome to the Paradise Coast $4. 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 s". PLEASE REFER TO OUR PARADISE COAST BROCHURES FOR THE LOCATION OF ALL AREA ATTRACTIONS. NAME: ADDRESS: CITY ST ZIP DATE OF ARRIVAL: DATE OF DEPARTURE: WHERE ARE YOU HOTEL /RESORT FRIENDS /FAMILY CONDOMINIUM STAYING? NAME OF HOTEL A NAME OF CONDOMINIUM/TIMESHARE: # OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY = HOW DID YOU SELECT THE HOTEL /CONDOMINIUM? INTERNET ( ) YOUR CHOICE ( ) TRAVEL AGENT ( ) NUMBER OF MEALS YOU & YOUR GROUP WILL EAT OUT: SIGHTSEEING Number of people in your party = Fifth Avenue South Lunch /Dinner Cruise/ Number of days of your visit = Third Street South Sunset Cruise Number of meals eaten out each day = Waterside Shops City Trolley Tour PLANNED AREA ACTIVITIES: (Please circle all that apply) Venetian Bay ARTS & CULTURE WATER SPORTS NATURE FAMILY ATTRACTIONS von Liebig Art Center Beaches Everglades Tour Naples Zoo Naples Museum of Art Naples Pier County Parks Naples Botanical Garden Sugden Theatre Shelling National Park Fun 'n Sun Water Park Naples Philharmonic Fishing State Parks Swamp Buggy Race Art Galleries Boating Corkscrew Swamp Mini Golf Other Kayaking Conservancy of SW King Richard's Fun Park Other FL Other Lake Trafford Other SHOPPING AND DINING SIGHTSEEING RELAXATION & Fifth Avenue South Lunch /Dinner Cruise/ ENTERTAINMENT Third Street South Sunset Cruise Golf Waterside Shops City Trolley Tour Spa Venetian Bay Everglades Tour Shelling Bayfront Segway Tour Seminole Casino Tin City Dolphin Cruise Lounges & Clubs Prime Outlets Other Music Other Other 12 EXHIBIT "F" Naples Art Association, Inc. The von Liebig Art Center Project Budget Item # 16F9 September 23, 20 Page 70 of 83 Funding — Not to Exceed Promotion of major events such as $50,000 Festivals, exhibitions, and educational programs, to include but not limited to printing of newsletters, brochures, catalogs and advertisement and speaker honorariums Total: 13 $50,000 Item # 16F9 September 23, 20 Page 71 of 83 2009 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE COLLIER COUNTY FREEDOM MEMORIAL TASK FORCE THIS AGREEMENT, is made and entered into this day of , 2008, by and between the Collier County Freedom Memorial Task Force, 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 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 1 Item # 16F9 September 23, 20 Page 72 of 83 not be limited to: site work, landscaping, irrigation, lighting, granite paving, cladding and benches, state monuments, concrete and steel structure, and stormwater piping. 2. PAYMENT: (a) The maximum 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 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 invoices 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. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in Paragraph One (t) will be paid by COUNTY. 2 Item # 16F9 September 23, 20 Page 73 of 83 (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2008 and September 30, 2009. (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 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 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, 2009. 9 Item # 16F9 September 23, 20 Page 74 of 83 (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 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 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 0 Item # 16F9 September 23, 20 Page 75 of 83 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: Jerry Sanford, Chairman Collier County Freedom Memorial Task Force 2671 Airport Road South, Suite 202 Naples, Florida 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 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. 5 Item # 16F9 September 23, 20 Page 76 of 83 (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, 2008 and shall remain effective for one year until September 30, 2009. 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 L Item # 16F9 September 23, 20 Page 77 of 83 written report to the Executive Director of the CVB or his designee, along with a final budget analysis by October 31, 2009. 18. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County and the Tourist Development Council as one of the sponsors. 19. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency S L-- Assistant County Attorney WITNESSES: Printed/Typed Name (2) Printed/Typed Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA an Tom Henning, Chairman GRANTEE: COLLIER COUNTY FREEDOM MEMORIAL TASK FORCE Printed/Typed Name Printed/Typed Title FA Item # 16F9 September 23, 20 Page 78 of 83 EXHIBIT "A" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: 9061114 Preliminary Status Report TITLE: FAX: On an attached sheet answer the following 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 rooms 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. M EXHIBIT "B" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Interim Status Report TITLE: Item # 16F9 September 23, 2C Page 79 of 83 On an attached sheet, answer the foffowinq questions to identify the status of the project. Submit this report at /east quarterly. INTERIM — These questions will identify the current status of the project. After the TDC staff reviews this Interim Status Report, if they feel you are behind schedule on the planning stages, they will make recommendations to help get the project stay on schedule. Has the planning of this project started? At what point are you at with the planning stage for this project? (Percent of completion) Will any hotels /motels be utilized to support this project? If so, how many hotel room nights will be utilized? What is the total dollar amount to date of matching contributions? What is the status of the advertising and promotion for this project? Have your submitted any advertisements or printed pieces to the TDC staff for approval? Please supply a sample and indicate the ad schedule. How has the public interest for this project been up to this point? 0 EXHIBIT "C" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Final Status Report TITLE: FAX: Item # 16F9 September 23, 20 Page 80 of 83 On an attached sheet, answer the following questions for each element in your scope of work. Final — These questions should be answered for your final status report. Was this a first time project? If not, how many times has this event taken place? What hotels /motels were utilized to support the project and how many? What is the total revenue generated for this event? Total expenses. (Have all vendors been paid ?) List the vendors that have been paid, if not, what invoices are still outstanding and why? What is the number of participants that visited the project? What is the percentage of the total participants from out of Collier County? What problems occurred if any during the project event? List any out -of- county- advertising, marketing, and /or public relations that was used to support the project and attach samples. How could the project been improved or expanded? 10 Item # 16F9 September 23, 20 Page 81 of 83 EXHIBIT "D" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME �7i�L• lilt /•1 ADDRESS .�i72Y /_Cr31 TELEPHONE( REQUEST PERIOD FROM TO REQUEST# ( ) INTERIM REPORT ( ) FINAL REPORT TOTAL CONTRACT AMOUNT $ EXPENSE BUDGET Ifelit-111IN NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Copies of paid invoices, cancelled checks, tear sheets, printed samples or other backup information to substantiate payment must accompany request for funds. The following will not be accepted for payments: statements in place of invoices; checks or invoices not dated; tear sheets without date, company or organizations name. A tear sheet is required for each ad for each day or month of publication. A proof of an ad will not be accepted. Each additional request for payment subsequent to the first request, Grantee is required to submit verification in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. If project budget has specific categories with set dollar limits, the Grantee is required to include a spreadsheet to show which category each invoice is being paid from and total of category before payment can be made to Grantee. Organizations receiving funding should take into consideration that it will take a maximum of 45 days for the County to process a check. Furnishing false information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on our official accounting system and records, consistently applied and maintained and that the cost shown have been made for the purpose of and in accordance with, the terms of the contract. The funds requested are for reimbursement of actual cost made during this time period. SIGNATURE TITLE 11 Item # 16F9 September 23, 20 Page 82 of 83 EXHIBIT "E" Naples Marco Everglades -° VISITOR QUESTIONNAIRE Welcome to the Paradise Coast s". Thank you for choosing this area for your visit. Please take a few minutes to complete the following questions so that we can better serve the needs of future visitors to Florida's Last Paradise sm. PLEASE REFER TO OUR PARADISE COAST BROCHURES FOR THE LOCATION OF ALL AREA ATTRACTIONS. NAME: ADDRESS: CITY ST ZIP DA L W— ,1:1:41TA WHERE ARE YOU STAYING? NAME OF HOTEL AND CITY /AREA: NAME OF CONDOMINIUM/TIMESHARE: DATE OF FRIENDS / FAMIL CONDOMINIUM # OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY = HOW DID YOU SELECT THE HOTEL /CONDOMINIUM? INTERNET ( ) YOUR CHOICE ( ) TRAVEL AGENT ( ) OTHER: NUMBER OF MEALS YOU & YOUR GROUP WILL EAT OUT: Number of people in your party = Number of days of your visit = Number of meals eaten out each day = PLANNED AREA ACTIVITIES: (Please circle all that apply) ARTS & CULTURE WATER SPORTS NATURE 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 Other Kayaking Conservancy of SW Other FL Lake Trafford Other SHOPPING AND DINING Fifth Avenue South Third Street South Waterside Shops Venetian Bay Sayfront Tin City Prime Outlets Other SIGHTSEEING Lunch /Dinner cruise/ Sunset Cruise City Trolley Tour Everglades Tour Segway Tour Dolphin Cruise Other 12 FAMILY ATTRACTIONS Naples Zoo Naples Botanical Garden Fun 'n Sun Water Park Swamp Buggy Race Mini Golf King Richard's Fun Park Other RELAXATION & ENTERTAINMENT Golf Spa Shelling Seminole Casino Lounges & Clubs Music Other EXHIBIT "F" Collier County Freedom Memorial Task Force Project Budget Construction of Freedom Memorial Total: 13 Item # 16F9 September 23, 20 Page 83 of 83 Funding — Not to Exceed $125,000 $125,000