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Backup Documents 10/13/2020 Item #16F1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 F 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney Office County Attorney Office 0 16i I D 0 2. BCC Office Board of County C Commissioners �b`t19o3 3. Minutes and Records Clerk of Court's Office Ib/3bit0 1 . PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Kelly Green/Corporate Business Ops Phone Number 239-252-2384 Contact/ Department Agenda Date Item was 10/13/20 Agenda Item Number 16F1 Approved by the BCC Type of Document Agreement Number of Original .20- gip Attached Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature?(STAMP OK) KG 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be KG signedby the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the KG document or the fmal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's KG signature and initials are required. — 7. In most cases(some contracts are an exception),the original document and this routing slip KG should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on above date and all changes made during KG l/A is nod the meeting have been incorporated in the attached document. The County an option foci Attorney's Office has reviewed the changes,if applicable. this line: 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the 1110s an option for Chairman's signature. this line' I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16F1 MEMORANDUM Date: November 3, 2020 To: Kelly Green, Tourist Tax Coordinator Tourism Department From: Teresa Cannon, Sr. Deputy Clerk Minutes and Records Department Re: 2020 Tourism Promotion Agreement: Gulfshore Opera and Artis-Naples, Inc. Non-County Owned/Operated Museums: Naples Zoo, Inc and Artis-Naples, Inc. Attached for your records, are originals of the document as referenced above (Item #16F1) adopted by the Board of County Commissioners Tuesday, October 13, 2020. An original was kept by the Minutes and Records Department as part of the Board's Official Records. If you have any questions, you may contact me at 252-8411. Thank you. Attachment 1 6F1 ' 2020 TOURISM PROMOTION AGREEMENT BETWEEN COLLIER COUNTY AND GULFSHORE OPERA MARKETING AND EVENT GRANT THIS AGREEMENT is made and entered into thiseday of (1/4.d' QX" , 2020, by and between GULFSHORE OPERA, INC., 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 Collier County Tourism Ordinance provides that certain of the revenues generated by the Tourist Development Tax are to be allocated to promote and advertise tourism within the State of Florida, nationally and internationally which encourages tourism; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds to promote the 2020-2021 lineup of productions and concerts in numerous venues throughout Collier County ("The Project"); and WHEREAS, the Tourist Development Council has made recommended finding to approve this funding request that this expenditure promotes tourism; and WHEREAS, the Collier County Board of County Commissioners has approved the funding request of the GRANTEE, and made a finding that this expenditure promotes tourism. NOW,THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: [04-CMG-00002/I557585/I] I (?) 16F1 1. SCOPE OF WORK: (a) In accordance with the authorized expenditures as set forth in the Budget, attached hereto as Exhibit "D," the GRANTEE shall expend the funds for the out-of-County promotion of The Project. 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Fifteen Thousand Dollars ($15,000). 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 "B" and made a part hereof, and shall submit evidence that the vendor invoices have been paid and samples of the promotional materials produced by that vendor or media outlet to the Tourism Director or his designee, for review. Should these documents be unavailable, the GRANTEE may submit other legally viable evidence of payment subject to review and approval by the Clerk of the Court's Finance Department. (b) The Tourism Director 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 budget attached as Exhibit "D" 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's Finance Department pre-audits all payment invoices in accordance with law. (e) GRANTEE shall be paid for its actual costs, not to exceed the maximum amount budgeted pursuant to the attached "Exhibit D." [04-CMG-00002/1557585/I J 2 tP,Sse (f) Expenditures with print publications, broadcast, digital and social platforms should be placed in media that runs outside of Collier County (can also run in Collier County) will be reimbursed up to the percentage of circulation outside of Collier County. Distribution of promotional materials is encouraged outside of Collier County to promote overnight visitation, and will be reimbursed up to the percentage of distribution outside of Collier County. Distribution percentages for outside Collier County media and promotional materials will be based on the grantee's best information available. Invoices for prepayment or for deposit on services will not be eligible for reimbursement. (g) Services or product must be delivered and paid for by GRANTEE between the effective dates of this Agreement. (h) All requests for reimbursement must be received prior to September 30, 2021 to be eligible for payment. 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, 2020 and September 30, 2021. (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. REPORTING REQUIREMENTS: [04-CMG-000021 1557585/11 3 C14) .r' 16F1 (a) GRANTEE shall provide to County a final status report on the form attached hereto as Exhibit "A" no later than October 15, 2021. (b) Each report shall identify the economic impact generated by the GRANTEE through the use of reports (Exhibit "A" — Final Status Report) which identify the amount spent, the duties performed, the services provided, and the goods delivered since the previous reporting period. (c) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. (d) COUNTY may withhold any payments for failure of GRANTEE to provide the final status report and until the County receives the final status report or other report acceptable to the Tourism Director. (e) GRANTEE shall request that visitors to the productions and concerts complete the visitor questionnaire attached to this Agreement as Exhibit "C." 5. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming the Collier County Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person [04-CMG-00002/1557585/1] 4 CAD' 16F1 (c) The Certificate of Insurance must be delivered to the Tourism Director 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. b. 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 ICAO [04-CMG-00002/1557585/11 5 �" 1 6F1 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: Steffanie Pearce General and Artistic Director Gulfshore Opera 3821 Golden Gate Blvd. W. Naples, FL Steffanie@gulfshoreopera.org 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, Tourism Director Collier County Tourism Department 2660 N. Horseshoe Drive Suite 105 Naples, Florida 34104 iackwert@colliergov.net 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: t04-CMG-00002/1557585111 6 CM) 16Fi GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this Agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. 11. TERMINATION: (a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination specifying the effective date of termination. (b) If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the termination so long as such expenses are eligible. 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 FUNDS: This Agreement is subject to the availability of Tourist Development Tax revenues. If for any reason tourist tax funds are not available to fund all or part of this Agreement, the COUNTY may upon written notice, at any time during the term of this Agreement, and at its sole discretion, reduce or eliminate funding under this Agreement. 14. 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 [OQ-CMG-00002/15575891 i 7 CA) 16F1 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. 15. 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. 16. TERM: This Agreement shall become effective on October 1, 2020 and shall remain effective for one year until September 30, 2021. 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. 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 ninety (90) days. The Amendment is subject to approval by the Board. 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 (Exhibit "A"—Final Status Report) to the Tourism Director or his designee by October 15, 2021. 18. REQUIRED NOTATION: 104-CMG-00002/1557585/1] 8 CAO 16F1 All collateral material and advertisements should identify Collier County Tourism by displaying the CVB logo and website url www.paradisecoast.com. 19. COVID-19 REOUIREMENTS: For each event, GRANTEE is required to maintain compliance with state and local emergency rules, orders, and/or ordinances, and GRANTEE is encouraged to follow applicable Centers for Disease Control and Prevention (CDC.gov/coronavirus) guidelines for hosting events during the COVID-19 pandemic. Event planners and organizers may collaborate with state and local health officials on whether and how to implement these considerations making adjustments to meet the unique needs and circumstances of the local community. 20. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if applicable, i.e., if additional tourist development tax funds are requested. * * * * * [04-CMG-00002/1557585/11 9 CCIS° I 6 F 1 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. , k' -. ATTEST: - BOARD OF COUNTY COMMISSIONERS CRY TAL K. KINZEL Clerk CO ER COUNTY LORIDA _ By: Burt L. Saunders, Chairman signature only. A proved as ttoo form and legality: lIl,.itaeA---C2— lleen M. Greene Assistant County Attorney WITNESSES: GRANTEE: (1) )e„o„- (k)r GULFSHORE OPERA, INC. MJc WV-C. Printed/Typed Name (2 ,r/ BY: 46 - en Letoi Ste cn,e, Pea rc_-e- / G. ( arSev Printed/Typed Name Printed/Typed Name Printed/Typed Title i ;.gym# 16 Pt "; e«da 1o( 2 . n,.tK 1O 4 0 Cok.--C%-4r%-le .--r �s..- [04-CMG-00002/1557585/1] 10 1 6F1 EXHIBIT "A" Collier County Tourist Development Council Final Status Report (Due by Oct. 15, 2021) EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: On an attached sheet, answer the followinz 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 economic impact and 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? [04-CMG-00002n 55758S/I1 I► CAO 16F1 EXHIBIT "B" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE ( REQUEST PERIOD FROM TO REQUEST# ( )INTERIM REPORT ( ) FINAL REPORT TOTAL CONTRACT AMOUNT$ EXPENSE BUDGET REIMBURSEMENT REQUESTED TOTALS NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Reimbursement requests must include the following: evidence that the vendor invoices have been paid and samples of the promotional materials produced by that vendor or media outlet. 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 clays for the County to process a check. Furnishing false information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF CHIEF OFFICIAL OR DESIGNEE: 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 (04-CMG-00002/1557585/I) 12 CAO 1 F1 EXHIBIT "C" Naples Marco Island Everglades PARA0199 COAST" VISITOR QUESTIONNAIRE Welcome to the Paradise Coast Sm.Thank you for choosing this area for your visit.Please take a few minutes to complete the following questions so that we can better serve the needs of future visitors to Florida's Last Paradise SM. PLEASE REFER TO OUR PARADISE COAST BROCHURES FOR THE LOCATION OF ALL AREA ATTRACTIONS. NAME: ADDRESS: CITY ST ZIP DATE OF ARRIVAL: DATE OF DEPARTURE: WHERE ARE YOU HOTEL/RESORT FRIENDS/FAMILY CONDOMINIUM STAYING? NAME OF HOTEL AND CITY/AREA: NAME OF CONDOMINIUM/TIMESHARE: #OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY= HOW DID YOU SELECT THE HOTEL/CONDOMINIUM? INTERNET ( ) YOUR CHOICE ( ) TRAVEL AGENT( ) OTHER: NUMBER OF MEALS YOU& YOUR GROUP WILL EAT OUT: Number of people in your party= Number of days of your visit= Number of meals eaten out each day= PLANNED AREA ACTIVITIES: (Please circle all that apply) ARTS& CULTURE WATER SPORTS NATURE FAMILY von Liebig Art Center Beaches Everglades Tour ATTRACTIONS Naples Museum of Art Naples Pier County Parks Naples Zoo Sugden Theatre Shelling National Park Naples Botanical Garden Artis Naples Fishing State Parks Fun`n Sun Water Park ( Art Galleries Boating Corkscrew Swamp Swamp Buggy Race Other Kayaking Conservancy of SW FL Mini Golf Other Lake Trafford County Museums Other Other SHOPPING AND DINING SIGHTSEEING RELAXATION AND 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 Other Other Music Other (04-CMG-00002/1557585/1] 13 CAO 16F1 EXHIBIT "D" Gulfshore Opera, Inc. Project Budget Funding—Not to Exceed Out of Collier County area advertising and marketing related expenses to promote the Project $15,000 Total: $15,000 [04-CMG-00002/1557585/I] Id 'CPO 16F1 Client#: 1885933 132GULFSOPE ACORI1 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 10/13/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Elisha M. DeLeon,CIC McGriff Insurance Services PHONE FAX (A/C,No,Ext):239-433-7157 (A/C No): 866-802-8680 13515 Bell Tower Drive ADDRESS: edeleon@mcgriff.com Fort Myers, FL 33907 INSURER(S)AFFORDING COVERAGE NAIC N INSURER A:Philadelphia Indemnity Insurance Co. 18058 INSURED INSURER B:Associated Industries Ins Company 23140 Gulfshore Opera, Inc. 3281 Golden Gate Blvd W INSURER C:ACE Fire Underwriters Insurance Company 20702 Naples, FL 34120 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LT RR TYPE OF INSURANCE INSR WVD POLICY NUMBER M/POLICY EFF POLICY EXP LIMITS (MDD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY X PHPK2148401 08/20/2020 08/20/2021 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $300,000 X Employee Benefits $1,000,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- POLICY JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY PHPK2148401 08/20/2020 08/20/2021 COMBIaxideNEDnqSI $1,00O,NGLE LIMIT 000 (Ea ANY AUTO BODILY INJURY(Per person) $ _ OWNED SCHEDULED BODILY INJURY Per accident) $ _ AUTOS ONLY AUTOS ( X AUTOS ONLY X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY (Per accident) A x UMBRELLA LIAB X OCCUR PHUB734400 08/20/2020 08/20/2021 EACH OCCURRENCE $1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000 DED X RETENTION$10,000 $ B WORKERS COMPENSATION AWC1152950 08/20/2020 08/20/2021 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Directors& NFPFLF136791982004 08/20/2020 08/20/2021 Limit-$1,000,000 Officers incl EPL Aggregate-$2,000,000 Retention-$0 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Collier County Board of County Commissioners and Tourist Development Council are named as additional insured with interest in insured's operations with respect to General Liability only. CERTIFICATE HOLDER CANCELLATION Collier County Board of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners and ACCORDANCE WITH THE POLICY PROVISIONS. Tourist Development Council 2660 N. Horseshoe Drive,Suite 105 AUTHORIZED REPRESENTATIVE Naples, FL 34104 4► ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S26636762/M26616211 ELDE 16F1 2020 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES ZOO, INC. NON-COUNTY OWNED/OPERATED MUSEUMS THIS AGREEMENT is made and entered into this day of()CAeter 2020, by and between Naples Zoo, Inc., 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 Collier County Tourism Ordinance 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 marketing expenses to promote exhibits and festivals using out-of-market advertising to attract overnight visitors to Collier County for the traveling exhibit entitled "BrickLive Animal Paradise" (hereinafter"the Project"); and WHEREAS, the Tourist Development Council has recommended funding for GRANTEE'S exhibit fees and out-of-market advertising expenditures for the Project, and has made a finding that this expenditure promotes tourism; and WHEREAS, the Board of County Commissioners ("Board") has made a finding that GRANTEE qualifies as a museum approved funding request, approves the Project expenditure, and finds that the Project expenditure promotes tourism. [04-CMG-00002/I557589/Il I cp.() 16F1 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 "D," the GRANTEE shall expend the funds for the promotion of GRANTEE'S marketing for the Project. 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Fifty Thousand Dollars ($50,000). 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 "B"and made a part hereof, and shall submit evidence that the vendor invoices have been paid and samples of the promotional materials produced by that vendor or media outlet to the Tourism Director, or his designee, for review. Should these documents be unavailable, the GRANTEE may submit other legally viable evidence of payment subject to review and approval by the Clerk's Finance Department. (b) The Tourism Director, 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 budget attached as Exhibit "D" 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's Finance Department pre-audits all payment invoices in accordance with law. (� (04-CMG-00002/1557589/1] 2 CAO I4F1 (e) GRANTEE shall be paid for its actual costs, not to exceed the maximum amount budgeted pursuant to the attached "Exhibit D." (f) Expenditures with print publications, broadcast, digital and social platforms should be placed in media that run outside Collier County (can also run in Collier County) and will be reimbursed up to the percentage of circulation or listenership outside of Collier County. Distribution of promotional materials is encouraged outside of Collier County to promote overnight visitation, and will be reimbursed up to the percentage of distribution outside of Collier County. Distribution percentages for outside of Collier County media and promotional materials will be based on the grantee's best information available. (g) Invoices for prepayment or for deposit on services will not be eligible for reimbursement. (h) Services or product must be delivered and paid for by GRANTEE between the effective dates of this Agreement. (i) All requests for reimbursement must be received by September 30, 2021 to be eligible for payment. 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, 2020 and September 30, 2021. (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. F VVV [04-CMG-00002/1557589/1) 3 16F1 (d) COUNTY may request repayment of funds for a period of up to three (3) years after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming the Collier County Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY$300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY$300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY—Statutory (c) The Certificate of Insurance must be delivered to the Tourism Director 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 final status report on the form attached hereto as Exhibit"A"no later than October 15,2021. (b) Each report shall identify the economic impact generated by the GRANTEE through the use of reports (Exhibit "A" — Final Status Report) which identify the amount spent, [04-CMG-00002/1557589/1] 4 16F1 the duties performed, the services provided, and the goods delivered since the previous reporting period. (c) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. (d) COUNTY may withhold any payments for failure of GRANTEE to provide the final status report and until the County receives the final status report or other report acceptable to the Tourism Director. (e) GRANTEE shall request that visitors to Naples Zoo, Inc. complete the visitor questionnaire attached to this Agreement as Exhibit"C." 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, [04-CMG-00002/1557589/I] 5 CAO 16F1 reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the GRANTEE or anyone employed or utilized by the GRANTEE in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. 8. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Naples Zoo, Inc. Jack Mulvena, President/CEO 1590 Goodlette Road Naples, Florida 34102 jack@napleszoo.org 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,Tourism Director Collier County Tourism Department 2660 N. Horseshoe Drive Suite 105 Naples, Florida 34104 jackwertQcolliergov.net 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. 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: [04-CMG-00002/1557589/1] 6 kte) 16F1 GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this Agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. 11. TERMINATION: (a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination specifying the effective date of termination. (b) If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the termination so long as such expenses are eligible. 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 FUNDS: This Agreement is subject to the availability of Tourist Development Tax revenues. If for any reason tourist tax funds are not available to fund all or part of this Agreement, the COUNTY may upon written notice, at any time during the term of this Agreement, and at its sole discretion, reduce or eliminate funding under this agreement. 14. 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 [04-CMG-00002/1557589/1] 7 (CAO) 1 b F1 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. 15. 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. 16. TERM: This Agreement shall become effective on October 1, 2020 and shall remain effective for one year until September 30, 2021. 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. 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 ninety (90) days. Amendments shall be in writing and approved by the Board of County Commissioners. 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 (Exhibit "A"—Final Status Report)to the Tourism Director or his designee, by October 15, 2021. 18. REQUIRED NOTATION: [04-CMG-00002/1557589/1] 8 16F1 All collateral material and advertisements should identify Collier County tourism by displaying the CVB logo and website URL www.paradisecoast.com to qualify for reimbursement. 19. COVID-19 REQUIREMENTS: For each event, GRANTEE is required to maintain compliance with state and local emergency rules, orders, and/or ordinances, and GRANTEE is encouraged to follow applicable Centers for Disease Control and Prevention(CDC.gov/coronavirus) guidelines for hosting events during the COVID-19 pandemic. Event planners and organizers may collaborate with state and local health officials on whether and how to implement these considerations making adjustments to meet the unique needs and circumstances of the local community. 20. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if applicable, i.e., if additional tourist development tax funds are requested. * * * * * [04-CMG-00002/1557589/1) 9 €.1S3 16F1 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 CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA 1 '‘JQIUS .OS344M‘OKCC--- : Y t By as to Chairman's Burt L. Saunders, Chairman signature only: Ap rov d as to form and legality: � ��fC Colleen M. Greene Assistant County Attorney W TN 1.SES GRANTEE: itit . `; rLA(l ! NAPLES ZOO, INC. -if•J' • s Printed/Typed) ame I -((2 BY: m I�kX) -T m � 1 PREslr(\q)c o Printed/Typed Name Printed/Typed Name& Title Run" r (0 Agenda Gate 'Olt 3I Crete At 0 (04-CMG-00002/1557589/1) I 16F1 EXHIBIT "A" Collier County Tourist Development Council Final Status Report (Due by Oct. 15, 2021) EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: On an attached sheet, answer the followink 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 direct economic impact and revenue generated from 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? [04-CMG-00002/I557589/1] II 16F1 EXHIBIT "B" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE( ) REQUEST PERIOD FROM TO REQUEST# ( )INTERIM REPORT ( )FINAL REPORT TOTAL CONTRACT AMOUNT$ EXPENSE BUDGET REIMBURSEMENT REQUESTED TOTALS NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Reimbursement requests must include the following: evidence that the vendor invoices have been paid and samples of the promotional materials produced by that vendor or media outlet. 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 CHIEF OFFICIAL OR DESIGNEE: 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 [04-CMG-00002/1557589/1] 12 �} 16F1 EXHIBIT "C" Naples Marco Island Everglades PARADISE COAST- VISITOR QUESTIONNAIRE Welcome to the Paradise Coast SM. Thank you for choosing this area for your visit. Please take a few minutes to complete the following questions so that we can better serve the needs of future visitors to Florida's Last Paradise sm. PLEASE REFER TO OUR PARADISE COAST BROCHURES FOR THE LOCATION OF ALL AREA ATTRACTIONS. NAME: ADDRESS: 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 NUMBER OF NIGHTS STAYING IN COLLIER COUNTY HOW DID YOU SELECT THE HOTEL/CONDOMINIUM? INTERNET ( ) YOUR CHOICE ( ) TRAVEL AGENT( ) OTHER: NUMBER OF MEALS YOU &YOUR GROUP WILL EAT OUT: Number of people in your party Number of days of your visit Number of meals eaten out each day PLANNED AREA ACTIVITIES: (Please circle all that apply) ARTS& CULTURE WATER SPORTS NATURE FAMILY von Liebig Art Center Beaches Everglades Tour ATTRACTIONS Naples Museum of Art Naples Pier County Parks Naples Zoo Sugden Theatre Shelling National Park Naples Botanical Garden Artis Naples Fishing State Parks Fun 'n Sun Water Park Art Galleries Boating Corkscrew Swamp Swamp Buggy Race Other Kayaking Conservancy of SW FL Mini Golf Other Lake Trafford County Museums Other Other SHOPPING AND DINING SIGHTSEEING RELAXATION AND 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 Y g Y Seminole Casino Tin City Dolphin Cruise Lounges&Clubs Other Other Music Other [04-CMG-00002/1557589/1} 13 16F1 EXHIBIT "D" Naples Zoo, Inc. Project Budget Exhibit rental and Out of Collier County Area Advertising and Marketing Related Expenses the Project. Total Funding—Not to Exceed: $50,000 [04-CMG-00002/1557589/1] 14 CAa _ 16F1 A� CERTIFICATE OF LIABILITY INSURANCE DATE /YY(MINDD THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER.AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the pollcy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endo Si. PRODUCER CcNAME: EVENTS&ATTRACTIONS K&K INSURANCE GROUP,INC. (PHONE Exf): 800 553 8368 FAX No): 260-459-5624 P.O.BOX 2338 Emits. FORT WAYNE,IN 46801 ADDRESS: INSURERS)AFFORDING COVERAGE NAIL M INSURER A: NATIONAL CASUALTY COMPANY 11991 INSURED INSURER B: NATIONAL CASUALTY COMPANY 11991 NAPLES ZOO,INC. INSURER C: DBA:NAPLES ZOO AT CARIBBEAN GARDENS INSURER D: 1590 GOODLETTE ROAD NAPLES,FL 34102 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: C117841 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE INSO MD POLICY NUMBER (fin (�YWDO�Y) LIMITS A X COMMERCIAL GENERAL UABIUTY Y KK00000024192400 3/15/2020 3/15/2021 EACH OCCURRENCE $1,000,000 ICLPJMS-MADE[—Xi OCCUR 12:01 AM 12:01 AM DAMAGE TO RENTLD rr $300,000 PREMISES(Ea Occuence) MED EXP(My one person) EXCLUDED PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $5,000,000 GEN'L AGGREGATE UNIT APPLIES PER PRODUCTS-COMP/OP AGG $5,000,000 POLICY Li PROJECT n LOG LEGAL LIAB TO PARTICIPANTS NC OTHER: PROFESSIONAL LIABILITY A AUTOMOBILE UABILITY KK00000024192600 3/15/2020 3/15/2021 COMBINED SINGLE LIMITrEa accident) $1,000,000 ANY AUTO 12:01 AM 12:01 AM BODILY INJURY(Per person) OWNED AUTOS ONLY .--_.SCHEDULED AUTOS BODILY INJURY(Per ecGdenl) X _ HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY (Per fin) A UMBRELLA UAB X OCCUR XK00000024192700 3/15/2020 3/15/2021 EACH OCCURRENCE $10,000,000 X EXCESS UAB CLAIMS-MADE 12:01 AM 12:01 AM AGGREGATE $10,000,000 BA 12:01 AM 12:01 AM N N/A WCC330173A 1/1/2020I 1/1/2020 X I PER OTHER MI EMPLOYE *LIABILJTI ANY PROPRIETOR/PARTNER/ Y/N EL Mum ACCIDENT EXECUnVE OFFICER/MEMBER $500,000 EXCLUDED?(Mandatory In NH) E.L DISEASE-EA EMPLOYEE $500,000 Wm describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY UMIT $500,000 PARTICIPANT ACCIDENT AD&D Prmen Medical Excess Medical Weekly Indemnity DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached P more space Is required) COLLIER COUNTY BOARD IS ADDED AS ADDITIONAL INSURED,BUT ONLY FOR LIABILITY CAUSED,IN WHOLE OR IN PART,BY THE ACTS OR OMISSIONS OF THE NAMED INSURED AS REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS& SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE THE TOURIST DEVELOPMENT COUNCIL EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH 3329 TAMIAMI TRAIL EAST, SUITE 303 THE POLICY PROVISIONS. NAPLES,FL 34112 AUTHORIZED REPRESENTATIVE j` 4-(43,t- - ACORD 26(2016103) 01988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 16F1 2020 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND ARTIS-NAPLES, INC. NON-COUNTY OWNED/OPERATED MUSEUMS THIS AGREEMENT is made and entered into this&day of «:ber , 2020, by and between Artis-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 Collier County Tourism Ordinance 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 exhibit fees and marketing expenses to promote exhibits and festivals using out-of-market advertising to attract overnight visitors to Collier County for an exhibit entitled, "Dale Chihuly's Glass Art" (hereinafter "the Project"); and WHEREAS, the Tourist Development Council has recommended funding for GRANTEE'S exhibit fees and out-of-market advertising expenditures for the promotion of the Project, and has made a finding that this expenditure promotes tourism; and WHEREAS, the Board of County Commissioners ("Board") has made a finding that GRANTEE qualifies as a museum approved funding request, approves the Project expenditure, and finds that the Project expenditure promotes tourism. [04-CMG-00002/1557583/i] I CAO 16F1 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 "D," the GRANTEE shall expend the funds for the promotion of GRANTEE'S marketing for an exhibit entitled "Dal Chihuly's Glass Art" (hereinafter "the Project"). 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Fifty Thousand Dollars ($50,000). 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 "B" and made a part hereof, and shall submit evidence that the vendor invoices have been paid and samples of the promotional materials produced by that vendor or media outlet to the Tourism Director, or his designee, for review. Should these documents be unavailable, the GRANTEE may submit other legally viable evidence of payment subject to review and approval by the Clerk's Finance Department. (b) The Tourism Director, 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 budget attached as Exhibit "D" shall constitute authorization for the expenditure[s] described in the invoice[s]. (c) All expenditures shall be made in conformity with this Agreement. CAO [04-CMG-00002/1557583/I] 2 16F1 (d) The COUNTY shall not pay GRANTEE until the Clerk's Finance Department pre-audits all payment invoices in accordance with law. (e) GRANTEE shall be paid for its actual costs, not to exceed the maximum amount budgeted pursuant to the attached "Exhibit D." (f) Expenditures with print publications, broadcast, digital and social platforms should be placed in media that run outside Collier County (can also run in Collier County) and will be reimbursed up to the percentage of circulation or listenership outside of Collier County. Distribution of promotional materials is encouraged outside of Collier County to promote overnight visitation, and will be reimbursed up to the percentage of distribution outside of Collier County. Distribution percentages for outside of Collier County media and promotional materials will be based on the grantee's best information available. (g) Invoices for prepayment or for deposit on services will not be eligible for reimbursement. (h) Services or product must be delivered and paid for by GRANTEE between the effective dates of this Agreement. (i) All requests for reimbursement must be received by September 30, 2021 to be eligible for payment. 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, 2020 and September 30, 2021. [04-CMG-00002/1557583/1] 3 ', 3 16F1 (c) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY's written request to repay said funds. (d) COUNTY may request repayment of funds for a period of up to three (3) years after termination of this Agreement or any extension or renewal thereof. 4, INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming the Collier County Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY — Statutory (c) The Certificate of Insurance must be delivered to the Tourism Director 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 final status report on the form attached hereto as Exhibit "A" no later than October 15, 2021. [04-CMG-00002/I 557583/1) 4 16F1 (b) Each report shall identify the economic impact generated by the GRANTEE through the use of reports (Exhibit "A" — Final Status Report) which identify the amount spent, the duties performed, the services provided, and the goods delivered since the previous reporting period. (c) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. (d) COUNTY may withhold any payments for failure of GRANTEE to provide the final status report and until the County receives the final status report or other report acceptable to the Tourism Director. (e) GRANTEE shall request that visitors to Artis-Naples for the exhibit complete the visitor questionnaire attached to this Agreement as Exhibit "C." 6. CI-IOICE 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: [04-CMG-00002/1557583/1] 5 ' �. 4-0, 16F1 GRANTEE shall indemnify and hold harmless Collier County, its agents, officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the GRANTEE or anyone employed or utilized by the GRANTEE in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. 8. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Kathleen van Bergen, CEO and President Artis-Naples, Inc. 5833 Pelican Bay Blvd. Naples, Florida 34108 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: Jack Wert, Tourism Director Collier County Tourism Department 2660 N. Horseshoe Drive Suite 105 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. 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. (T. 4 [04-CMG-00002/1557583/1] 6 16F1 10. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this Agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. 11. TERMINATION: (a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination specifying the effective date of termination. (b) If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the termination so long as such expenses are eligible. 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 FUNDS: This Agreement is subject to the availability of Tourist Development Tax revenues. If for any reason tourist tax funds are not available to fund all or part of this Agreement, the COUNTY may upon written notice, at any time during the term of this Agreement, and at its sole discretion, reduce or eliminate funding under this agreement. 14. AVAILABILITY OF RECORDS: [04-CMG-00002/1557583/1] 7 tCAO 16F1 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. 15. PROI-IIBITION 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. 16. TERM: This Agreement shall become effective on October 1, 2020 and shall remain effective for one year until September 30, 2021. 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. 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 ninety (90) days. Amendments shall be in writing and approved by the Board of County Commissioners. 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 (Exhibit "A" — Final Status Report) to the Tourism Director or his designee, by October 15, 2021. [04-CMG-00002/1557583/1] 8 Pik; 16F1 18. REQUIRED NOTATION: All collateral material and advertisements should identify Collier County tourism by displaying the CVB logo and website URL www.paradisecoast.com to qualify for reimbursement. 19. COVID-19 REQUIREMENTS: For each event, GRANTEE is required to maintain compliance with state and local emergency rules, orders, and/or ordinances, and GRANTEE is encouraged to follow applicable Centers for Disease Control and Prevention (CDC.gov/coronavirus) guidelines for hosting events during the COVID-19 pandemic. Event planners and organizers may collaborate with state and local health officials on whether and how to implement these considerations making adjustments to meet the unique needs and circumstances of the local community. 20. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if applicable, i.e., if additional tourist development tax funds are requested. * * * * * [04-CMG-00002/1557583/I] 9 16F1 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 CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA (. 9.0idt.)401,ea4utfrtcr- By: ,/.��1-hw.�.... Attest as to chairman's Burt L. Saunders, Chairman signature Approved as to form and legality: Wee/-- Ir` o een M. Green Assistant County Attorney WITNS ES: GRANTEE: (1) ARTIS-NAPLES, INC. the‘( Printed/Typed Name (2) -C/! t.)?.ce07l BY: Pe rrc Edit 2t5 Kathleen van Bergen, CEO and President Printed/Typed Name Printed/Typed Name & Title ttem# 1 hEt Agenda rV 65(20 Date Date MN Roc' e1110,- 1)7);°j Clerk [04-CMG-00002/1557583/1] 10 1 1 6F1 EXHIBIT "A" Collier County Tourist Development Council Final Status Report (Due by Oct. 15, 2021 ) EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: On an attached sheet, answer the following questions for each element in your scope of work. Final —These questions should be answered for your final status report. Was this a first time project? If not, how many times has this event taken place? What hotels/motels were utilized to support the project and how many? What is the total direct economic impact and revenue generated from 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? 0�, [04-CMG-00002/I557583/1] I I EXHIBIT "B" 1 6 F 1 REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE ( ) REQUEST PERIOD FROM TO REQUEST# ( ) INTERIM REPORT ( ) FINAL REPORT TOTAL CONTRACT AMOUNT $ EXPENSE BUDGET REIMBURSEMENT REQUESTED TOTALS NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Reimbursement requests must include the following: evidence that the vendor invoices have been paid and samples of the promotional materials produced by that vendor or media outlet. 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 clays for the County to process a check. Furnishing false information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF CHIEF OFFICIAL OR DESIGNEE: 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 104-CMG-00002/1557583/I 12 4 16F1 EXHIBIT "C" Naples Marti laed, Everglades PARADISE COAST VISITOR QUESTIONNAIRE Welcome to the Paradise Coast sm. Thank you for choosing this area for your visit. Please take a few minutes to complete the following questions so that we can better serve the needs of future visitors to Florida's Last Paradise 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 AND CITY/AREA: NAME OF CONDOMINIUM/TIMESHARE: # OF ROOMS OCCUPIED 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 clays of your visit Number of meals eaten out each clay PLANNED AREA ACTIVITIES: (Please circle all that apply) ARTS & CULTURE WATER SPORTS NATURE FAMILY von Liebig Art Center Beaches Everglades Tour ATTRACTIONS Naples Museum of Art Naples Pier County Parks Naples Zoo Sugden Theatre Shelling National Park Naples Botanical Garden Antis Naples Fishing State Parks Fun `n Sun Water Park Art Galleries Boating Corkscrew Swamp Swamp Buggy Race Other,_ Kayaking Conservancy of SW FL Mini Golf Other Lake Trafford County Museums Other Other SHOPPING AND DINING SIGHTSEEING RELAXATION AND 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 Other _-,_ Other Music Other [04-CMG-00002/1557583/1] 13 ems... 1 6F1 EXHIBIT "D" Artis-Naples, Inc. Project Budget Exhibit fees and Out of Collier County Area Advertising and Marketing Related Expenses to promote the Project. Total Funding— Not to Exceed: $50,000 [04-CMG-00002/1557583/1] 14 ( _ 16F1 AC CERTIFICATE OF LIABILITY INSURANCE DATE 6/1/2020DNYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Valarie Allen NAME: Beecher Carlson - Atlanta PHO No.Extl: 678-539-4881 FA(A/X,No): Six Concourse Parkway, Suite 2300 E-MAIL vallen@beechercarlson.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# Atlanta GA 30328 INSURER A:American Zurich Insurance Company 40142 INSURED INSURER B: Artis-Naples, Inc. INSURERC: 5833 Pelican Bay Boulevard INSURER D: INSURER E: Naples FL 34108-2710 INSURERF: COVERAGES CERTIFICATE NUMBER:20-21 GL Only REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBRI POLICY EFF POLICY EXP LIMITS LTR INSD WVD, POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE X OCCUR PRES ORENTED PREMISES (Ea occurrence) $ 1,000,000 GLA 9259981-13 6/1/2020 6/1/2021 MED EXP(Any one person) $ 10,000 PERSONAL BADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,000,000 X POLICY PRO- JECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 Employee Benefits $ 1,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ - ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ _ AUTOS _ AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Collier County Board of Commissioners and Tourist Development Council is included as additional insured as required by written contract or agreement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of Commissioners THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Tourist Development Council ACCORDANCE WITH THE POLICY PROVISIONS. 2660 North Horseshoe Dr, Suite Naples, FL 34104 AUTHORIZED REPRESENTATIVE Brad Darr/CJOYNE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) Client#: 24334 ARTNAI ACORD,,, CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 9/09/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ACT Taylor Fedronich Acrisure LLC dba Gulfshore Insurance PHONE 239 435-7108 FAX 239 213-2803 4100 Goodlette Road N (A/C,No,Ext): (A/C,No); E-MAIL TFedronich@gulfshoreinsurance.com FL 34103 ADDRESS: @gulfshoreinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# 239 261-3646 INSURER A:Liberty Insurance Corporation 42404 INSURED INSURER B: Artis-Naples, Inc INSURER C: 5833 Pelican Bay Boulevard Naples, FL 34108-2740 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE E $ COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurence) $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO- I f JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ i A WORKERS COMPENSATION WC7Z91471974010 07/01/2020 07/01/2021 X I W VI- AND EMPLOYERS'LIABILITY Y/NAN -rat-rail's OFFICEWMEMBEREXCLUDEpXECUTIVE N N/A E.L.EACH ACCIDENT $1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION Collier County Board of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3311 Tamiami Trail E Naples, FL 34112 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1599824/M1599823 TPZ18 16F1 2020 TOURISM PROMOTION AGREEMENT BETWEEN COLLIER COUNTY AND ARTIS-NAPLES, INC. MARKETING AND EVENT GRANT THIS AGREEMENT is made and entered into this Say of aliler , 2020, by and between ARTIS-NAPLES, INC., 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 Collier County Tourism Ordinance provides that certain of the revenues generated by the Tourist Development Tax are to be allocated to promote and advertise tourism within the State of Florida, nationally and internationally which encourages tourism; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds to promote the Naples International Film Festival (NIFF) in October 2020 (hereinafter"the Project"); and WHEREAS, the Tourist Development Council has made a recommended finding to approve this funding request and that this expenditure promotes tourism; and WHEREAS, the Collier County Board of County Commissioners has approved the funding request of the GRANTEE, and made a finding that this expenditure promotes tourism. NOW,THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: [04-CMG-00002/1557582/1J 1 C 1 6 F1 1. SCOPE OF WORK: In accordance with the authorized expenditures as set forth in the Budget, attached hereto as Exhibit "D," the GRANTEE shall expend the funds for the out- of-County promotion of The Project. 2. PAYMENT: (a) The 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 "B" and made a part hereof, and shall submit evidence that the vendor invoices have been paid and samples of the promotional materials produced by that vendor or media outlet to the Tourism Director or his designee, for review. Should these documents be unavailable, the GRANTEE may submit other legally viable evidence of payment subject to review and approval by the Clerk of the Court's Finance Department. (b) The Tourism Director 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 budget attached as Exhibit "D" 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's Finance Department pre-audits all payment invoices in accordance with law. (e) GRANTEE shall be paid for its actual costs, not to exceed the maximum amount budgeted pursuant to the attached "Exhibit D." [04-CMG-00002/1 5 5 75 82/1] 2 (14'6 1 6F1 (f) Expenditures with print publications, broadcast, digital and social platforms should be placed in media that runs outside of Collier County (can also run in Collier County) will be reimbursed up to the percentage of circulation outside of Collier County. Distribution of promotional materials is encouraged outside of Collier County to promote overnight visitation, and will be reimbursed up to the percentage of distribution outside of Collier County. Distribution percentages for outside Collier County media and promotional materials will be based on the grantee's best information available. Invoices for prepayment or for deposit on services will not be eligible for reimbursement. (g) Services or product must be delivered and paid for by GRANTEE between the effective dates of this Agreement. (h) All requests for reimbursement must be received prior to September 30, 2021 to be eligible for payment. 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, 2020 and September 30, 2021. (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. [04-CMG-00002/1557582/1] 3 16F1 4. REPORTING REQUIREMENTS: (a) GRANTEE shall provide to County a final status report on the form attached hereto as Exhibit "A" no later than October 15, 2021. (b) Each report shall identify the tourism and economic impact generated by the GRANTEE through the use of reports (Exhibit "A" — Final Status Report) which identify the amount spent, the duties performed, the services provided, and the goods delivered since the previous reporting period. (c) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. (d) COUNTY may withhold any payments for failure of GRANTEE to provide the final status report and until the County receives the final status report or other report acceptable to the Tourism Director. (e) GRANTEE shall request that visitors to the 2020 Naples International Film Festival complete the visitor questionnaire attached to this Agreement as Exhibit "C." 5. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming the Collier County Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person [04-CMG-00002/1557582/1] 4 (c ,, 16F1 (c) The Certificate of Insurance must be delivered to the Tourism Director 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. 6. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph One (I). (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. (c) GRANTEE agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION: GRANTEE shall indemnify and hold harmless Collier County, its agents, officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the GRANTEE or anyone employed or utilized by the GRANTEE in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or [04-CMG-00002/I 557582/I] 5 t ,; 16F1 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: Kathleen van Bergen, CEO and President Artis-Naples, Inc. 5833 Pelican Bay Blvd. Naples, FL 34108 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: Jack Wert, Tourism Director Collier County Tourism Department 2660 N. Horseshoe Drive Suite 105 Naples, Florida 34104 jackwert(colliergov.net 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. [04-CMG-00002/1557582/1) 6 _ 16F1 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 FUNDS: This Agreement is subject to the availability of Tourist Development Tax revenues. If for any reason tourist tax funds are not available to fund all or part of this Agreement, the COUNTY may upon written notice, at any time during the term of this Agreement, and at its sole discretion, reduce or eliminate funding under this Agreement. 14. 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. a ijo [04-CMG-00002/1 5 5 7582/I] 7 1 6F1 15. 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. 16. TERM: This Agreement shall become effective on October 1, 2020 and shall remain effective for one year until September 30, 2021. 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. 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 ninety (90) days. The Amendment is subject to approval by the Board. 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 (Exhibit "A" — Final Status Report) to the Tourism Director or his designee by October 15, 2021. 18. REQUIRED NOTATION: All collateral material and advertisements should identify Collier County Tourism by displaying the CVB logo and website url www.paradisecoast.com. 19. COVID-19 REQUIREMENTS: For each event, GRANTEE is required to maintain compliance with state and local emergency rules, orders, and/or ordinances, and GRANTEE is encouraged to follow applicable Centers for Disease Control and Prevention (CDC.gov/coronavirus) guidelines for hosting events [04-CMG-00002/I557582/1] a (0,61 16F1 during the COVID-19 pandemic. Event planners and organizers may collaborate with state and local health officials on whether and how to implement these considerations making adjustments to meet the unique needs and circumstances of the local community. 20. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if applicable, i.e., if additional tourist development tax funds are requested. [04-CMG-00002/1557582/I1 9 1bF1 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. 1, ATTEST: ni BOARD OF COUNTY COMMISSIONERS CRY TAL K.-KINZEL; Clerk CO IER CO TZ7FLORIDA b4•-&041/(--- By: Attest as-to Chairman's Burt L. Saunders, Chairman signature only; Approv d as to form and legality: -114 Alg..014-12-- Colleen M. Greene Assistant County Attorney WITN SES: GRANTEE: (1) ARTIS-NArLES, INC. ', I (e✓ Printed/Typed Name BY: COI Per rc Cd(.430 ret-C Kathleen van Bergen Printed/Typed Name Printed/Typed Name CEO and President Printed/Typed Title Item# Agenda Q ('3I72 Date t?ate tol 1R. 2_0 111101 Deputy Clerk ( A . [04-CMG-00002/1 557582/1] 10 1 6F1 EXHIBIT "A" Collier County Tourist Development Council Final Status Report (Due by Oct. 15, 2021 ) EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: _TITLE: ADDRESS: PHONE: FAX: ,On. an attached sheet, answer the followin' questions for each element in pour 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 economic impact and 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? [04-CMG-00002/I557582/1] I I ,,„L, 16F1 EXHIBIT "B" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME • ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE ( REQUEST PERIOD FROM TO REQUEST# ( ) INTERIM REPORT ( ) FINAL REPORT TOTAL CONTRACT AMOUNT $ EXPENSE BUDGET REIMBURSEMENT REQUESTED TOTALS NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Reimbursement requests must include the following: evidence that the vendor invoices have been paid and samples of the promotional materials produced by that vendor or media outlet. 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 (lays for the County to process a check. Furnishing false information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF CHIEF OFFICIAL OR DESIGNEE: 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 (04-CMG-00002/1557582/1] 12 16F1 EXHIBIT "C" Naples Marco Island Everglades PARADISE COAST VISITOR QUESTIONNAIRE Welcome to the Paradise Coast sm. Thank you for choosing this area for your visit. Please take a few minutes to complete the following questions so that we can better serve the needs of future visitors to Florida's Last Paradise sm. PLEASE REFER TO OUR PARADISE COAST BROCHURES FOR THE LOCATION OF ALL AREA ATTRACTIONS. NAME: ADDRESS: CITY ST ZIP DATE OF ARRIVAL: DATE OF DEPARTURE: WHERE ARE YOU HOTEL/RESORT FRIENDS/FAMILY CONDOMINIUM STAYING? NAME OF HOTEL AND CITY/AREA: NAME OF CONDOMINIUM/TIMESHARE: # OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY = HOW DID YOU SELECT THE HOTEL/CONDOMINIUM? INTERNET ( ) YOUR CHOICE ( TRAVEL AGENT ( ) OTHER: NUMBER OF MEALS YOU & YOUR GROUP WILL EAT OUT: Number of people in your party = Number of days of your visit= Number of meals eaten out each clay= PLANNED AREA ACTIVITIES: (Please circle all that apply) ARTS & CULTURE WATER SPORTS NATURE FAMILY von Liebig Art Center Beaches Everglades Tour ATTRACTIONS Naples Museum of Art Naples Pier County Parks Naples Zoo Sugden Theatre Shelling National Park Naples Botanical Garth Artis Naples Fishing State Parks Fun 'n Sun Water Par Art Galleries Boating Corkscrew Swamp Swamp Buggy Race Other Kayaking Conservancy of SW FL Mini Golf Other Lake Trafford County Museums Other Other SHOPPING AND DINING SIGHTSEEING RELAXATION AND 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 Other Other Music Other [04-CMG-00002/1557582/1] 13 (C. 16F1 EXHIBIT "D" Artis-Naples, Inc. Project Budget Funding— Not to Exceed Out of Collier County area advertising and marketing related expenses to promote the Project $50,000 Total: $50,000 [04-CMG-00002/I557582/I] 14 ,A . 1 6F1 A�oR® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 6/1/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Valarie Allen Beecher Carlson — Atlanta PHONE 678-539-4881 FAX (A/C.No.Eat): ( ) Six Concourse Parkway, Suite 2300 E-MAIL vallen@beechercarlson.com INSURER(S)AFFORDING COVERAGE NAIC# Atlanta GA 30328 INSURER A:American Zurich Insurance Company 40142 INSURED INSURER B: Artis-Naples, Inc. INSURERC: 5833 Pelican Bay Boulevard INSURERD: INSURER E: Naples FL 34108-2710 INSURERF: COVERAGES CERTIFICATE NUMBER:20-21 GL Only REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDL SUBR POLICY EFF POLICY EXP ILTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 1,000,000 A CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ GLA 9259981-13 6/1/2020 6/1/2021 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY I PRO- JECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 Employee Benefits $ 1,000,000 OTHER: AUTOMOBILE LIABILITY (Ea accident) DISINGLE LIMIT $ ANY AUTO BODILY INJURY(Per person) $ — ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS — AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Collier County Board of Commissioners and Tourist Development Council is included as additional insured as required by written contract or agreement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of Commissioners THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Tourist Development Council 2660 North Horseshoe Dr, Suite AUTHORIZED REPRESENTATIVE Naples, FL 34104 J� r Brad Darr/CJOYNE .e- " '.. ."3-"--- I ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) Client#: 24334 ARTNAI i 6 F 1 ACORD,,, CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 9/09/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Acrisure LLC dba Gulfshore Insurance PHONE Taylor Fedronich-7108 FAX (NC,No,Ext):239 435-7108 (A/C,No): 239 213-2803 4100 Goodlette Road N E-MAIL TFedich ulfshoreinsurance.com Naples, FL 34103 ADDRESS: ron �g INSURER(S)AFFORDING COVERAGE NAIC# 239 261-3646 INSURER A:Liberty Insurance Corporation 42404 INSURED INSURER B: Ards-Naples,Inc INSURER C: 5833 Pelican Bay Boulevard Naples, FL 34108-2740 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP INSR WVD POLICY NUMBER (MMIDD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES(Ea xcurrDence) $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO- JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION WC7Z91471974010 07/01/2020 07/01/2021 X WC TATU- OTH- AND EMPLOYERS'LIABILITY Y/NANY TORY LIMITS ER OFFICER/MEMBER PROPRIETOR/PARTNER/EXECUTIVE ECUTIVE N N/A E.L.EACH ACCIDENT $1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION Collier County Board of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3311 Tamiami Trail E Naples, FL 34112 AUTHORIZEDR REPRESENTATIVE Gam A•t Al• 4410.4_ ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1599824/M1599823 TPZ18 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 F 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office In'itialls Da 1. County Attorney Office County Attorney Office wD 2. BCC Office Board of County ?7 " ,1 Commissioners 3'�* S I 11 93X 3. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Jack Wert Phone Number 239-252-2402 Contact/ Depaitinent Agenda Date Item was 10/13/20 Agenda Item Number 16F1 Approved by the BCC Type of Document Agreement (al Number of Original y ) Attached YY//''II Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not • appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature?(STAMP OK) KG N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be KG signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the KG document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's KG signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip KG should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on above date and all changes made during KG the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. \' 1,,a{- 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made, and the document is ready for the (Sit •,i• ••»_ Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16F 1 MEMORANDUM Date: November 20, 2020 To: Kelly Green, Tourist Tax Coordinator Tourism Department From: Martha Vergara, Sr. Deputy Clerk Minutes and Records Department Re: 2020 Tourism Agreement (04-CMG-00002/1557586/1) between Collier County (Non-County Owned/Operated Museums) Attached for your records, a scanned copy of the document as referenced above (Item #16F1) adopted by the Board of County Commissioners Tuesday, October 13, 2020. An original was kept by the Minutes and Records Department as part of the Board's Official Records. If you have any questions, you may contact me at 252-7240. Thank you. Attachment 16f 1 2020 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES BOTANICAL GARDEN, INC. NON-COUNTY OWNED/OPERATED MUSEUMS THIS AGREEMENT is made and entered into this Okay of Mthfr , 2020, by and between Naples Botanical Garden, Inc., a Florida not-for-profit corporation, hereinafter referred to as"GRANTEE" and Collier County, a political 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 Collier County Tourism Ordinance 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 exhibit fees and marketing expenses to promote exhibits and festivals using out-of-market advertising to attract overnight visitors to Collier County for an exhibit entitled "Steve Tobin: Nature Underground" (hereinafter "the Project"); and WHEREAS, the Tourist Development Council has recommended funding for GRANTEE'S exhibit fees and out-of-market advertising expenditures for the Project, and has made a finding that this expenditure promotes tourism; and WHEREAS, the Board of County Commissioners ("Board") has made a finding that GRANTEE qualifies as a museum approved funding request, approves the Project expenditure, and finds that the Project expenditure promotes tourism. (04-CMa-00002n557586/I1 i CAO 16F 1 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 "D," the GRANTEE shall expend the funds for the promotion of GRANTEE'S marketing of the Project. 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Fifty Thousand Dollars ($50,000). 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"B" and made a part hereof, and shall submit evidence that the vendor invoices have been paid and samples of the promotional materials produced by that vendor or media outlet to the Tourism Director, or his designee, for review. Should these documents be unavailable, the GRANTEE may submit other legally viable evidence of payment subject to review and approval by the Clerk's Finance Department. (b) The Tourism Director, 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 budget attached as Exhibit "D" 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's Finance Department pre-audits all payment invoices in accordance with law. [04-CMG-00002/1 5 5 75 8 6/1 J 2 �A6\ 16F 1 (e) GRANTEE shall be paid for its actual costs, not to exceed the maximum amount budgeted pursuant to the attached "Exhibit D." (f) Expenditures with print publications, broadcast, digital and social platforms should be placed in media that run outside Collier County (can also run in Collier County) and will be reimbursed up to the percentage of circulation or listenership outside of Collier County. Distribution of promotional materials is encouraged outside of Collier County to promote overnight visitation, and will be reimbursed up to the percentage of distribution outside of Collier County. Distribution percentages for outside of Collier County media and promotional materials will be based on the grantee's best information available. (g) Invoices for prepayment or for deposit on services will not be eligible for reimbursement. (h) Services or product must be delivered and paid for by GRANTEE between the effective dates of this Agreement. (i) All requests for reimbursement must be received by September 30, 2021 to be eligible for payment. 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, 2020 and September 30, 2021. (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. p04-CMG-00002/1557586/1 j 3 6- F 1 (d) COUNTY may request repayment of funds for a period of up to three (3) years after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming the Collier County Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY$300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY—Statutory (c) The Certificate of Insurance must be delivered to the Tourism Director 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 final status report on the form attached hereto as Exhibit"A"no later than October 15, 2021. (b) Each report shall identify the economic impact generated by the GRANTEE through the use of reports (Exhibit "A" — Final Status Report) which identify the amount spent, [04-CMG-00002/1557586/I I 4 (,'� I 1 the duties performed, the services provided, and the goods delivered since the previous reporting period. (c) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. (d) COUNTY may withhold any payments for failure of GRANTEE to provide the final status report and until the County receives the final status report or other report acceptable to the Tourism Director. (e) GRANTEE shall request that visitors to Naples Botanical Garden for the two exhibits complete the visitor questionnaire attached to this Agreement as Exhibit"C." 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, [04-CMG-00002/1557586/1] 5 4 1 6- F 1 reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the GRANTEE or anyone employed or utilized by the GRANTEE in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. 8. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Executive Director Naples Botanical Garden, Inc. 4820 Bayshore Dr. 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, Tourism Director Collier County Tourism Department 2660 N. Horseshoe Drive Suite 105 Naples, Florida 34104 jackwert@colliergov.net 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. 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. [04-CMG-00002/I 557586/I] 6 16- F 1 10. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this Agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. 11. TERMINATION: (a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination specifying the effective date of termination. (b) If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the termination so long as such expenses are eligible. 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 FUNDS: This Agreement is subject to the availability of Tourist Development Tax revenues. If for any reason tourist tax funds are not available to fund all or part of this Agreement, the COUNTY may upon written notice, at any time during the term of this agreement, and at its sole discretion,reduce or eliminate funding under this agreement. [04-CMG-00002/1557586/1 J 7 Ch(} 16F 1 14. 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. 15. 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. 16. TERM: This Agreement shall become effective on October 1, 2020 and shall remain effective for one year until September 30, 2021. 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. 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 ninety (90) days. Amendments shall be in writing and approved by the Board of County Commissioners. [04-CMG-00002n 557586n] s �.,r' 16F 1 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 (Exhibit"A"—Final Status Report)to the Tourism Director or his designee, by October 15, 2021. 18. REQUIRED NOTATION: All collateral material and advertisements should identify Collier County tourism by displaying the CVB logo and website URL www.paradisecoast.com to qualify for reimbursement. 19. COVID-19 REQUIREMENTS: For each event, GRANTEE is required to maintain compliance with state and local emergency rules, orders, and/or ordinances, and GRANTEE is encouraged to follow applicable Centers for Disease Control and Prevention (CDC.gov/coronavirus) guidelines for hosting events during the COVID-19 pandemic. Event planners and organizers may collaborate with state and local health officials on whether and how to implement these considerations making adjustments to meet the unique needs and circumstances of the local community. 20. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if applicable, i.e., if additional tourist development tax funds are requested. * * :* * C"~1 [04-CMG-00002/I557586/I] 9 +,•he) 16F 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 CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA I' • ' Az..,11/„Ae€0"..4-- By: est a+;to Chairman's ' Burt L. Saunders, Chairman Jpiore*to form a gality: een M. Greene Assistant County Attorney WITN • GRANTEE: t(L NAPLES BOTANICAL GARDEN, INC. 46 6.4e- vt:id IL Printed/Typed Name BY: g/pil 100,65; 5 I�vi G6-1 t11/-1 Prihted/Typed Name Printed/Typed Name gieSidelf+ 4- Cap Printed/Typed Title [04-CM-00002/1557586/1j 10 16- F 1 EXHIBIT "A" Collier County Tourist Development Council Final Status Report (Due by Oct. 15, 2021) EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: On an attached sheet, answer the following questions for each element in your scope of work. Final-These questions should be answered for your final status report. Was this a first time project? If not, how many times has this event taken place? What hotels/motels were utilized to support the project and how many? What is the total direct economic impact and revenue generated from 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? [04-CMG.00002n557586nI I i FAO 16F 1 EXHIBIT "B" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE( ) REQUEST PERIOD FROM TO REQUEST# () INTERIM REPORT () FINAL REPORT TOTAL CONTRACT AMOUNT$ EXPENSE BUDGET REIMBURSEMENT REQUESTED TOTALS NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Reimbursement requests must include the following: evidence that the vendor invoices have been paid and samples of the promotional materials produced by that vendor or media outlet. 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 CHIEF OFFICIAL OR DESIGNEE: 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 l04-CMG-00002/I557536/Il !2 ,L+NCi 16F 1 EXHIBIT "C" Naples Marco^�. sl d Everglades P°RA0 15 C °o°ar VISITOR QUESTIONNAIRE Welcome to the Paradise Coast sm. Thank you for choosing this area for your visit.Please take a few minutes to complete the following questions so that we can better serve the needs of future visitors to Florida's Last Paradise sm. PLEASE REFER TO OUR PARADISE COAST BROCHURES FOR THE LOCATION OF ALL AREA ATTRACTIONS. NAME: ADDRESS: CITY ST ZIP DATE OF ARRIVAL: DATE OF DEPARTURE: WHERE ARE YOU HOTEL/RESORT FRIENDS/FAMILY CONDOMINIUM STAYING? NAME OF HOTEL AND CITY/AREA: NAME OF CONDOMINIUM/TIMESHARE: #OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY= HOW DID YOU SELECT THE HOTEL/CONDOMINIUM? INTERNET ( ) YOUR CHOICE ( ) TRAVEL AGENT ( ) OTHER: NUMBER OF MEALS YOU& YOUR GROUP WILL EAT OUT: Number of people in your party= Number of days of your visit= Number of meals eaten out each day= PLANNED AREA ACTIVITIES: (Please circle all that apply) ARTS & CULTURE WATER SPORTS NATURE FAMILY von Liebig Art Center Beaches Everglades Tour ATTRACTIONS Naples Museum of Art Naples Pier County Parks Naples Zoo Sugden Theatre Shelling National Park Naples Botanical Garden Artis Naples Fishing State Parks Fun `n Sun Water Park Art Galleries Boating Corkscrew Swamp Swamp Buggy Race Other Kayaking Conservancy of SW FL Mini Golf Other Lake Trafford County Museums Other Other SHOPPING AND DINING SIGHTSEEING RELAXATION AND 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 Other Other Music Other [04-CMG-00002/1557586/11 13 16F 1 • EXHIBIT "D" Naples Botanical Garden Project Budget Exhibit fees and Out of Collier County Area Advertising and Marketing Related Expenses for the Project. Total Funding—Not to Exceed: $50,000 [04-CMG-00002/1557586/1[ 14 1C Nv,? 1 6- F ACCPRD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 9/30/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Baldwin Krystyn Sherman PHONE FAX 4211 W. Boy Scout Blvd. (ac.No.Ext): 813-984-3200 (A/c,No):813-984-3201 IL Suite 800 ADDARESS: certificates@bks-partners.com Tampa FL 33607 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Associated Industries Ins.Co., Inc. 23140 INSURED 1NAPLBOT INSURER B:Philadelphia Indemnity Insuran 18058 Naples Botanical Garden, Inc. 4820 Bayshore Dr. INSURER C: Naples FL 34112 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1172372069 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS B X COMMERCIAL GENERAL LIABILITY Y PHPK2188443 9/30/2020 9/30/2021 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $1,000,000 MED EXP(Any one person) $20,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- POLICY JECT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y PHPK2188443 9/30/2020 9/30/2021 (Ea accident)SINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY Per accident) $ AUTOS ONLY AUTOS ( X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) B X UMBRELLA LIAB OCCUR PHUB740708 9/30/2020 9/30/2021 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED X RETENTION$innnn $ A WORKERS COMPENSATION AWC1124703 2/1/2020 2/1/2021 PER STATUTE E ERH- AND EMPLOYERS'LIABILITY Y/N R ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Collier County Board of County Commissioners and the Tourist Development Council are Additional Insured with respects to General Liability,where required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County Commissioners and the Tourist Development Council AUTHORIZED REPRESENTATIVE I � ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 16F 1 MEMORANDUM Date: November 20, 2020 To: Kelly Green, Tourist Tax Coordinator Tourism Department From: Martha Vergara, Sr. Deputy Clerk Minutes and Records Department Re: 2020 Tourism Agreement (04-CMG-00002/1557587/1) between Collier County (Non-County Owned/Operated Museums) Attached for your records, a scanned copy of the document as referenced above (Item #16F1) adopted by the Board of County Commissioners Tuesday, October 13, 2020. An original was kept by the Minutes and Records Department as part of the Board's Official Records. If you have any questions, you may contact me at 252-7240. Thank you. Attachment 16F 1 2020 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES BOTANICAL GARDEN, INC. NON-COUNTY OWNED/OPERATED MUSEUMS THIS AGREEMENT is made and entered into this 43'day of Cdebef , 2020, by and between Naples Botanical Garden, Inc., a Florida not-for-profit corporation, hereinafter referred to as"GRANTEE"and Collier County, a political 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 Collier County Tourism Ordinance 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 exhibit fees and marketing expenses to promote exhibits and festivals using out-of-market advertising to attract overnight visitors to Collier County for an exhibit entitled "Nightlights in the Garden"(hereinafter"the Project"); and WHEREAS, the Tourist Development Council has recommended funding for GRANTEE'S exhibit fees and out-of-market advertising expenditures for the Project, and has made a finding that this expenditure promotes tourism; and WHEREAS, the Board of County Commissioners ("Board") has made a finding that GRANTEE qualifies as a museum approved funding request, approves the Project expenditure, and finds that the Project expenditure promotes tourism. [04-CMG-00002/1557587/I) 1bF 1 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 "D," the GRANTEE shall expend the funds for the promotion of GRANTEE'S marketing of the Project. 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Fifty Thousand Dollars ($50,000). 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"B" and made a part hereof, and shall submit evidence that the vendor invoices have been paid and samples of the promotional materials produced by that vendor or media outlet to the Tourism Director, or his designee, for review. Should these documents be unavailable, the GRANTEE may submit other legally viable evidence of payment subject to review and approval by the Clerk's Finance Department. (b) The Tourism Director, 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 budget attached as Exhibit "D" 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's Finance Department pre-audits all payment invoices in accordance with law. [04-CMG-00002/1557587/I] 2 16F 1 (e) GRANTEE shall be paid for its actual costs, not to exceed the maximum amount budgeted pursuant to the attached"Exhibit D." (f) Expenditures with print publications, broadcast, digital and social platforms should be placed in media that run outside Collier County (can also run in Collier County) and will be reimbursed up to the percentage of circulation or listenership outside of Collier County. Distribution of promotional materials is encouraged outside of Collier County to promote overnight visitation, and will be reimbursed up to the percentage of distribution outside of Collier County. Distribution percentages for outside of Collier County media and promotional materials will be based on the grantee's best information available. (g) Invoices for prepayment or for deposit on services will not be eligible for reimbursement. (h) Services or product must be delivered and paid for by GRANTEE between the effective dates of this Agreement. (i) All requests for reimbursement must be received by September 30, 2021 to be eligible for payment. 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, 2020 and September 30, 2021. (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. [04-CMG-0000211 557587/I 1 3 CAS 16F 1 (d) COUNTY may request repayment of funds for a period of up to three (3) years after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming the Collier County Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY$300,000 each claim per person PERSONAL INJURY LIABILITY$300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY—Statutory (c) The Certificate of Insurance must be delivered to the Tourism Director 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 final status report on the form attached hereto as Exhibit"A"no later than October 15,2021. (b) Each report shall identify the economic impact generated by the GRANTEE through the use of reports (Exhibit "A" -- Final Status Report) which identify the amount spent, (04-CMG-00002/1557587/1] 4 CAS:. 1 F 1 the duties performed, the services provided, and the goods delivered since the previous reporting period. (c) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. (d) COUNTY may withhold any payments for failure of GRANTEE to provide the final status report and until the County receives the final status report or other report acceptable to the Tourism Director. (e) GRANTEE shall request that visitors to Naples Botanical Garden for the two exhibits complete the visitor questionnaire attached to this Agreement as Exhibit"C." 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: [04-CMG-00002/155758711) 5 CAG 16F 1 GRANTEE shall indemnify and hold harmless Collier County, its agents, officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the GRANTEE or anyone employed or utilized by the GRANTEE in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. 8. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Executive Director Naples Botanical Garden, Inc. 4820 Bayshore Dr. 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,Tourism Director Collier County Tourism Department 2660 N. Horseshoe Drive Suite 105 Naples, Florida 34104 jackwert@colliergov.net 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. PARTNERSHIP: [04-CMG 00002/I557557/I] 6 CAD. 16F 1 Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE, } or its vendors or subcontractors, as an agent or employee of the COUNTY. 10. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this Agreement and shall provide all information and documentation requested by the COUNTY • • from time to time pertaining to the use of any funds provided hereunder. 11. TERMINATION: (a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination specifying the effective date of termination. (b) If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the termination so long as such expenses are eligible. 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 FUNDS: This Agreement is subject to the availability of Tourist Development Tax revenues. If for any reason tourist tax funds are not available to fund all or part of this Agreement, the [04-CMG-00002/1557587/I] 7 CA�� 16F 1 COUNTY may upon written notice, at any time during the term of this agreement, and at its sole discretion, reduce or eliminate funding under this agreement. 14. 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. 15. 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. 16. TERM: This Agreement shall become effective on October 1, 2020 and shall remain effective for one year until September 30, 2021. 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. 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 ninety (90) days. Amendments shall be in writing and approved by the Board of County Commissioners. 104-CMG-00002/1557587/11 8 CAO 16F 1 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(Exhibit"A"—Final Status Report) to the Tourism Director or his designee, by October 15, 2021. 18. REQUIRED NOTATION: All collateral material and advertisements should identify Collier County tourism by displaying the CVB logo and website URL www.paradisecoast.com to qualify for reimbursement. 19. COVID-19 REQUIREMENTS: For each event, GRANTEE is required to maintain compliance with state and local emergency rules, orders, and/or ordinances, and GRANTEE is encouraged to follow applicable Centers for Disease Control and Prevention(CDC.gov/coronavirus) guidelines for hosting events during the COVID-19 pandemic. Event planners and organizers may collaborate with state and local health officials on whether and how to implement these considerations making adjustments to meet the unique needs and circumstances of the local community. 20. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if applicable, i.e., if additional tourist development tax funds are requested. (04-CMG-00002/1557587/I] 9 CAD i 6 F 1 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: _ .r744 BOARD OF COUNTY COMMISSIONERS CRYS'�I'AL-K. KI.IVZE�' Clerk COLLIER COUNTY, FLORIDA e. ttast to atn , Burt L. Sanuders, Chairman zt�ur'e Only. • 'Oproved as to form and legality: Colleen M. Greene Assistant County Attorney WIT • GRANTEE: t(CIA' NAPLES BOTANICAL GARDEN, INC. 4. flak_ (k)t Printed/Typed Name (2). � .. � BY: i — ec,1 Keicc; ; Printed/Typed Name Printed/Typed Name 191(C25 ct�YI-I- Printed/Typed Title [04-CMG-00002/1557587/I] 10 16F I EXHIBIT "A" Collier County Tourist Development Council Final Status Report (Due by Oct. 15, 2021) EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: • PHONE: FAX: On an attached sheet, answer the followink 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 direct economic impact and revenue generated from 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? [04•CMG-00002/1557587/1] I 1 �A�i 16F 1 EXHIBIT "B" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE( ) REQUEST PERIOD FROM TO REQUEST# ( ) INTERIM REPORT ( )FINAL REPORT TOTAL CONTRACT AMOUNT$ EXPENSE BUDGET REIMBURSEMENT REQUESTED TOTALS NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Reimbursement requests must include the following: evidence that the vendor invoices have been paid and samples of the promotional materials produced by that vendor or media outlet. 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 CHIEF OFFICIAL OR DESIGNEE: 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 I04-CMG-00002/1557587/I I 12 (CXe 1 6F 1 EXHIBIT "C" Naples MarcoIsland Everglades 0 '11 AO196 C OAST 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 s`'1.PLEASE REFER TO OUR PARADISE COAST BROCHURES FOR THE LOCATION OF ALL AREA ATTRACTIONS. NAME: ADDRESS: CITY ST ZIP DATE OF ARRIVAL: DATE OF DEPARTURE: WHERE ARE YOU HOTEL/RESORT FRIENDS/FAMILY CONDOMINIUM STAYING? NAME OF HOTEL AND CITY/AREA: NAME OF CONDOMINIUM/TIMESHARE: #OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY= HOW DID YOU SELECT THE HOTEL/CONDOMINIUM? INTERNET ( ) YOUR CHOICE ( ) TRAVEL AGENT( ) OTHER: NUMBER OF MEALS YOU& YOUR GROUP WILL EAT OUT: Number of people in your party= Number of days of your visit= Number of meals eaten out each clay= PLANNED AREA ACTIVITIES: (Please circle all that apply) ARTS& CULTURE WATER SPORTS NATURE FAMILY von Liebig Art Center Beaches Everglades Tour ATTRACTIONS Naples Museum of Art Naples Pier County Parks Naples Zoo Sugden Theatre Shelling National Park Naples Botanical Garden Artis Naples Fishing State Parks Fun'n Sun Water Park Art Galleries Boating Corkscrew Swamp Swamp Buggy Race Other Kayaking Conservancy of SW FL Mini Golf Other Lake Trafford County Museums Other Other SHOPPING AND DINING SIGHTSEEING RELAXATION AND 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 Other Other Music Other [04-CMG-00002/1557587/l] 13 (C 16F 1 EXHIBIT "D" Naples Botanical Garden Project Budget Exhibit fees and Out of Collier County Area Advertising and Marketing Related Expenses for the Project. Total Funding—Not to Exceed: $50,000 { [04-CMG-00002/1557587/11 14 16F A�RD CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 9/30/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Baldwin Krystyn Sherman NAON: ( 4211 W. Bo St Blvd. (A/c.No.Eat): 813-984-3200 ycou E-MAIL FAX No):813-984-3201 Suite 800 ADDRESS: certificates@bks-partners.com Tampa FL 33607 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Associated Industries Ins.Co., Inc. 23140 INSURED 1NAPLBOT INSURER B:Philadelphia Indemnity Insuran 18058 Naples Botanical Garden, Inc. 4820 Bayshore Dr. INSURER C: Naples FL 34112 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1172372069 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF POLICY EXP (MMIDD/YYYY) (MMIDD/YYYY) LIMITS B X COMMERCIAL GENERAL LIABILITY Y PHPK2188443 9/30/2020 9/30/2021 EACH OCCURRENCE $1,000,000 DAMAGE RENTED CLAIMS-MADE X OCCUR PREMISESO(Ea occurrence) $1,000,000 MED EXP(Any one person) $20,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY PRO- JECT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y PHPK2188443 9/30/2020 9/30/2021 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) B X UMBRELLA LIAB OCCUR PHUB740708 9/30/2020 9/30/2021 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED X RETENTION$1n,nnn $ A WORKERS COMPENSATION AWC1124703 2/1/2020 2/1/2021 PER AND EMPLOYERS'LIABILITY Y/N STATUTE OTH- ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT OFFICER/MEMBEREXCLUDED? N/A $1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Collier County Board of County Commissioners and the Tourist Development Council are Additional Insured with respects to General Liability,where required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County Commissioners and the Tourist Development Council AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 F 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney Office County Attorney Office CrY)&. 1/c;ad--/ 2. BCC Office Board of County Commissioners J 5) Jt-). 3. Minutes and Records Clerk of Court's Office \\IUJ 43/94N et:54<zi& PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Kelly Green Phone Number 239-252-2384 Contact/ Department Agenda Date Item was 10/13/20 Agenda Item Number 16F1 Approved by the BCC Type of Document Agreement Number of Original 1 Attached Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not • appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature?(STAMP OK) KG N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be KG signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the KG document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's KG signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip KG should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on above date and all changes made during KG N/A is not the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made, and the document is ready for the 14 an option for Chairman's signature. this line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 6F 1 MEMORANDUM Date: February 3, 2021 To: Kelly Green, Tourist Tax Coordinator Tourism Department From: Martha Vergara, Sr. Deputy Clerk Minutes and Records Department Re: 2020 Tourism Agreement (04-CMG-00002/1557588/1) between Collier County (Non-County Owned/Operated Museums) Galisano Children's Museum of Naples, Inc. Attached for your records, a scanned copy of the document as referenced above (Item #16F1) adopted by the Board of County Commissioners Tuesday, October 13, 2020. An original was kept by the Minutes and Records Department as part of the Board's Official Records. If you have any questions, you may contact me at 252-7240. Thank you. Attachment 1 bF 1 2020 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND TIIE GOLISANO CHILDREN'S MUSEUM OF NAPLES, INC. NON-COUNTY OWNED/OPERATED MUSEUMS TT IIS AGREEMENT is made and entered into this I Sk‘ day of dear, 2020, by and between The Golisano 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 Collier County Tourism Ordinance provides that certain of the revenues generated by the Tourist Development Tax arc 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 exhibit Zees and marketing expenses to promote exhibits and festivals using out-of-market advertising to attract overnight visitors to Collier County for to share in the traveling exhibit space including: "Argentina's Nino's," (hereinafter"the Project") with additional exhibit offerings based upon availability; and WIIE1t[AS, the Tourist Development Council has recommended funding for GRANTEE'S exhibit fees and out-of-market advertising expenditures for the Projects, and has made a finding that this expenditure promotes tourism; and WHEREAS, the Board of County Commissioners ("Board") has made a finding that GRANTEE qualifies as a museum approved funding request, approves the Projects' expenditures, and finds that the Projects' expenditures promote tourism. [04-CMG-00002/1 5 5 7 5 8 8/1 J I (C:6 1 6F 1 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 "D," the GRANTEE shall expend the funds for the promotion of GRANTEE'S marketing for the Projects. 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Fifty Thousand Dollars ($50,000). GRANTEE shall he paid in accordance with the fiscal procedures of the County for the expenditures incurred as described in Paragraph One (I) herein upon submittal of a Request for Funds on the form attached hereto as Exhibit"B" and made a part hereof. and shall submit evidence that the vendor invoices have been paid and samples of the promotional materials produced by that vendor or media outlet to the Tourism Director, or his designee, for review. Should these documents be unavailable, the GRANTEE may submit other legally viable evidence of payment subject to review and approval by the Clerk's Finance Department. (b) The 'Tourism Director, 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 budget attached as Exhibit "D" shall constitute authorization for the expenditure[s] described in the invoice[s]. (c) All expenditures shall he made in conformity with this Agreement. (d) The COUNTY shall not pay GRANTEE until the Clerk's Finance Department pre-audits all payment invoices in accordance with law. [04-CMG-00002/1557588/1 I 2 cpg 1 6F 1 (c) GRANTEE shall be paid for its actual costs, not to exceed the maximum amount budgeted pursuant to the attached"Exhibit D. (0 Expenditures with print publications, broadcast, digital and social platforms should be placed in media that run outside Collier County (can also run in Collier County) and will be reimbursed up to the percentage of circulation or listenership outside of Collier County. Distribution of promotional materials is encouraged outside of Collier County to promote overnight visitation, and will be reimbursed up to the percentage of distribution outside of Collier County. Distribution percentages for outside of Collier County media and promotional materials will be based on the grantee's best information available. (g) Invoices for prepayment or for deposit on services will not be eligible for reimbursement. (h) Services or product must be delivered and paid for by GRANTEE between the effective dates of this Agreement. (i) All requests for reimbursement must be received by September 30, 2021 to be eligible for payment. 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, 2020 and September 30, 2021. (c) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall he repaid to COUNTY within thirty (30) days of COUNTY's written request to repay said funds. t04-CMG-00002/1557588l11 iCk1� 1 6F 1 (d) COUNTY may request repayment of funds for a period of up to three (3) years after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming the Collier County Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY$300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY— Statutory (c) The Certificate of Insurance must be delivered to the Tourism Director 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 final status report on the form attached hereto as Exhibit"A"no later than October 15,2021. (b) Each report shall identify the economic impact generated by the GRANTEE through the use of reports (Exhibit "A" — Final Status Report) which identify the amount spent, the duties performed, the services provided, and the goods delivered since the previous reporting period. [04-CMG-00002/155755R11 t 4 €6. 1 6F 1 (c) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. (d) COUNTY may withhold any payments for failure of GRANTEE to provide the final status report and until the County receives the final status report or other report acceptable to the Tourism Director. (e) GRANTEE shall request that visitors to The Golisano Children's Museum of Florida complete the visitor questionnaire attached to this Agreement as Exhibit"C." 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 104-CMG-0000211557588111 5 (GAGS 16F 1 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: Dena Rae Hancock, Executive Director Golisano Children's Museum 15080 Livingston Rd. Naples, FL 34109 All notices from the (iRANfEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: Jack Wert, Tourism Director Collier County Tourism Department 2660 N. Horseshoe Drive Suite 105 Naples, Florida 34104 Jackwert@colliergov.net 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. 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 hilly 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. (04-CMG-0000211557588/1J 6 ��, �L�d II. TERMINATION: (a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving thirty (30)days advance written notice of such termination specifying the effective date of termination. (b) If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures or contractual obligations incurred by GRANTEE. with subcontractors and vendors, up to the effective date of the termination so long as such expenses are eligible. 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 FUNDS: This Agreement is subject to the availability of Tourist Development Tax revenues. If for any reason tourist tax funds arc not available to fund all or part of this Agreement, the COUNTY may upon written notice, at any time during the term of this Agreement, and at its sole discretion,reduce or eliminate funding under this agreement. 14. 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. (04-CMG-O0042/1557588/11 7 CAP 16F 1 15. PROIIIBITION 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. 16. TERM: This Agreement shall become effective on October 1, 2020 and shall remain effective for one year until September 30, 2021. 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 he at the express consent of the Collier County Board of County Commissioners. 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 ninety (90) days. Amendments shall be in writing and approved by the Board of County Commissioners. 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(Exhibit"A"— Final Status Report)to the Tourism Director or his designee, by October 15, 2021. 18. REQUIRED NOTATION: All collateral material and advertisements should identify Collier County tourism by displaying the CVB logo and website URL www.paradisecoast.com to qualify for reimbursement. 19. COVID-19 REQU1REMEN'l'S: For each event, GRANTEE is required to maintain compliance with state and local emergency rules, orders, and/or ordinances, and GRANTEE is encouraged to follow applicable Centers for Disease Control and Prevention (CDC.gov/coronavirus) guidelines for hosting events [04-CMG..00002/1557588/11 8 1 6F 1 during the COVID-19 pandemic. Event planners and organizers may collaborate with state and local health officials on whether and how to implement these considerations making adjustments to meet the unique needs and circumstances of the local community. 20. AMENDMENTS: This Agreement may only he amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if applicable, i.e., if additional tourist development tax funds are requested. SIGNATURE PAGE TO FOLLOW [04-CMG-00002/1557588111 9 CAO 1 6F 1 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. .� \f , ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk COL UNTY,FLO DA By: _ r�wratu ,�on!y. Penny Taylor,Chairperson Appro ed as to form and legality: 111 olleen M. Greene Assistant County Attorney WITNESSES: GRANTEE: (1) THE GOLISANO CHILDREN'S MUSEUM OF Qe 41 j NAPLES,INC. Printed/Typed Name Q{-f- rA S Ou11 Knntn -) aRae kanctclic Printed/Typed Name Printed/Typed Name • 3jeo.,bve ired-Cr Printed/Typed Title [04-CM0-00002/1557588/1] 10 1 6F 1 Ac,oR� CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDINY1'1Y) km,..-- 4/13/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rl rhts to the certificate holder In lieu of such sndoreenle,us{. tF �+ � Deb . Firestine Arthur J.GallaQher Risk Management Services,Inc. FAX 1395 Panther Lane,Suite 100 Kt.tatr:239-280.3222 l rat,rr l 238-282 6380-_- Naples FL 34109 znnla ss• detx ._flmstin--.,:.• ,.com INSUR!'.:i. AFFORDING COVERAGE NAIC0 INSURER A:Phlladek.hla Indemn•" Insurance Co' .,,,r, 18058 INSURED INSURER a: Golisano Children's Museum of Naples,Inc. JNSUrtER C: 15080 Livingston Rd INSURQ!D: Naples FL 34109 SOURER E: nkbU FUF: COVERAGES CERTIFICATE NUMBER:101028123T REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. FOR YG]1'.:4.o *ti-_r EFF LL •-•v• TYPE OF INSURANCE ,Ih5S1.YLI, POLICY NUMBER ,i.+v A•,r t. Ir,n.,i.lr r r, UNITS A X COMMERCIALOENERALLIABBLIY Y PHPK211381 2l25/2020 2/25/2021 EACH OCCURRENCE $1,000,000 CLAIMS-MADE u OCCUR ,.. . • •. zcrrrice{ i ix 000 MED EXP. one aerc,:n{ SO PERSONAL&ADV INJURY 51,000,000 GENL AGGREGATE UMITAPPLIESPER: GENERAL AGGREGATE I3,030,000 X POLICY J y LOC PRODUCTS-COMP/OP AGO $3 COO 000 -,ER: $ A AUTOMOBILELJABIUTY PHPK211381 2/25/2020 2/25/2021 '_bM8'NF. "GI.E<_"Uer S1,000,000 X ANY AUTO BODILY INJURY(Par prson) $ I, AUTOS ONLY SCHEDULED BODILY INJURY(Par accident) x HIRED X NON-OWNED r_r•"�En'%r'•44rn,E $ ..._:...... .-.......�.._.. AUTOS ONLY AUTOS ONLY .,..,„'" _ $ A X UMBRE.LALIAe X OCCUR PHUB8858B1 2/25/2020 2/25(2021 EACH OCCURRENCE E5,030,000 EXCESS LIAR CLAIMS-MADE AGGREGATE $ 000 000 DEO "ET- TI i,,p i`. $ WORKERS COMPENSATION I ANC EMPLOYERS'LJAB1LrrY R ANYPROPRIETOR/PARTNERJEXECUIT/E Y EL EACH ACCIDENT 5 OFFICERIMEMBEREXCLUDED? NIA (Mandatory In NH) EL DISEASE-EA EMPLOYEE $ If dsaclbe,.t der -.__". D- • RIPT):'{OF OPERATIONS born G EL DISEASE-POUCYLIMrr $ A Errors&Omissions PHPK211361 1 2/25/2020 2/25/2021 EmployaaBonafit* $1,000,000 DESCRIPTION CF OPERATIONS I LOCATIONS/VEISCLEa(ACORD 101,Additional Ramarb Sohad,da,may ha attached If mom spate Is raqulrsd) Collier County Board of County Commissioners and the Tourist Development Council are Included as additional Insured. L.----- CERTIFICATE HOLDER _ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of County Commissioners and THE EXPIRATION RAT! THEREOF, NOTICE WILL BE DELIVERED IN Tourist ACCORDANCE WITH THE POLICY PROVISIONS. Development Council 3301 East Tamiami Trail AUTHORIZED REPRESENTATNE Naples FL 34112 USA ( /�� -' 4� 01988-2018 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 16F 1 EXHIBIT "A" Collier County Tourist Development Council Final Status Report (Due by Oct. 15, 2021 ) EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: On an attached sheet. answer the followinu, questions for each element in your scope of work Final —These questions should he answered fur\our linal 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 direct economic impact and revenue generated from 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. IIow could the project been improved or expanded? [04-r,Mc-n000v1 ss7588i 1) I I CA) 1 6F 1 EXHIBIT "B" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE( ) REQUEST PERIOD FROM TO REQUEST# ( ) INTERIM REPORT ( )FINAL REPORT TOTAL CONTRACT AMOUNT$ EXPENSE BUDGET REIMBURSEMENT REQUESTED TOTALS NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Reimbursement requests must include the following: evidence that the vendor invoices have been paid and samples of the promotional materials produced by that vendor or media outlet. 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 CHIEF OFFICIAL OR DESIGNEE: 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 104-CMG-00002/1557588/1 J 12 1 6F 1 EXHIBIT "C" Naples Marco Island Everglades PARADISE fClAA1' VISITOR QUESTIONNAIRE Welcome to the Paradise Coast sit.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 SNI. 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 NUMBER OF NIGHTS STAYING IN COLLIER COL'\TY HOW DID YOU SELECT THE HOTEL/CONDOMINIUM? INTERNET ( ) YOUR CHOICE ( ) TRAVEL AGENT( ) OTHER: NUMBER OF MEALS YOU& YOUR GROUP WILL EAT OUT: Number of people in your party Number of days of your visit Number of meals eaten out each day PLANNED AREA ACTIVITIES: (Please circle all that apply) ARTS& CULTURE WATER SPORTS NATURE FAMILY von Liebig Art Center Beaches Everglades lour ATTRACTIONS Naples Museum of Art Naples Pier County Parks Naples Zoo Sugden"Theatre Shelling National Park Naples Botanical Garden Artis Naples Fishing State Parks Fun `n Sun Water Park Art Galleries Boating Corkscrew Swamp Swamp Buggy Race Other Kayaking Conservancy of SW Fl. Mini Golf Other Lake Trafford County Museums Other Other SHOPPING AND DINING SIGHTSEEING RELAXATION AND 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 Other Other Music Other [04-CMG-00002/1557588/1] 13 !CAP 1 6F 1 EXHIBIT "D" The Golisano Children's Museum of Naples, Inc. Project Budget Exhibit Fees and Out of Collier County Area Advertising and Marketing Related Expenses for the Projects. Total Funding— Not to Exceed: $50,000 (04-CMG-00002/1557588/1] 14