Backup Document 06/28/2022 Item #16F 5 (Florida Stone Crabbers Association, Inc. - 2023 Everglades Seafood Festival) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
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R•\ mip\s‘Nex,g ay1-4- fro/n_
2.
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4. BCC Office Board of County
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5. Minutes and Records Clerk of Court's Office
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I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04;Revised 1.26.05;2.24.05;11/30/12;4/22/16;9/10/21
16F5
Melinda S. Ragan
From: Melinda S. Ragan
Sent: Wednesday, July 13, 2022 12:16 PM
To: JenniferLeslie
Subject: Item #16F5 Stonecrabber Association
Attachments: Backup Document 06_28_2022 Item #16F 5 (Florida Stone Crabber's Assoc.).pdf
Please find the attached for your records.
Thank You!
Mende Ragan
BMR&VAB Deputy Clerk
co.r0114.7, Office: 239-252-8411
Fax: 239-252-8408
`` Al2 c Melinda.Ragan@CollierClerk.com
Office of the Clerk of the Circuit Court
&Comptroller of Collier County
c`" 3399 Tamiami Trail E, Suite#401
ctnRm•' Naples, FL 34112
www.CollierClerk.com
1
1 6F 5 ..
2022 TOURISM PROMOTION AGREEMENT BETWEEN
COLLIER COUNTY AND FLORIDA STONE CRABBERS ASSOCIATION,INC.
MARKETING AND EVENT GRANT
THIS AGREEMENT is made and entered into this ,day of , 2022,
by and between FLORIDA STONE CRABBERS ASSOCIATION, 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 2023 Everglades Seafood Festival (53`d
Annual)event held in 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-00002/1721075/1]
16F. �
1. SCOPE OF WORK:
(a) In accordance with the authorized expenditures as set forth in the Budget,
attached hereto as Exhibit "C," 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 Twenty-Five
Thousand Dollars ($25,000). GRANTEE shall be paid in accordance with fiscal procedures of
the County for the expenditures incurred as described in Paragraph One (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 "C" 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 C."
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(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, 2023 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, 2022
and September 30, 2023.
(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:
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(a) GRANTEE shall provide to County a final status report on the form attached
hereto as Exhibit"A"no later than October 15, 2023.
(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 event(s) complete a visitor
questionnaire.
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
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(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(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
'
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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:
Holly Dudley, Director
Florida Stone Crabbers Association, Inc.
22855 S.R. 29
Jerome, Florida 34141
seafoodfestboard@gmail.com
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:
John Melleky,Arts and Culture Manager
Collier County Tourism Department
2660 N. Horseshoe Drive Suite 105
Naples, Florida 34104
John.Melleky@colliercountyfl.gov
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-00002/1721075/1] 6 w;i":t<`.?
16F5
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 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
[04-CMG-00002/1721075/11 7
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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, 2022 and shall remain effective for
one year until September 30, 2023. 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, 2023.
18. REQUIRED NOTATION:
All collateral material and advertisements should identify Collier County Tourism by
displaying the CVB logo and website url www.paradisecoast.com.
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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.
X X X X X
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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
`-Writterl..
Ty BOARD OF CO. �+ _± ► MISSIONERS
y �"+th�11,, T` K. ZEL, Clerk edL► '� • O'. • -
40'A 15 y
C; a1C{y1 W' m L. McDaniel,Jr., Chairperson
ill
oed as t '�brmIand legality:
//
(JLGreerP
Assistant County Attorney
vt" SSES: GRANTEE:
(1) FLORIDA STONE CRABBERS ASSOCIATION,
INC.
Printed/Typed Na -
/><D/(� Ofrige,/%�
(2) BY:Holly Dudley(Jun 1,202712:30 EDT}
Holly Dudley
Printed/Typed Name CW Printed/Typed Name
Director
06/01/Alllaed/Typed Title
7-
[04-CMG-00002/1721075/1] 10 ` -'
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EXHIBIT "A"
Collier County Tourist Development Council
Final Status Report (Due by Oct. 15, 2023)
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 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-0 0 0 02/1 72 1 07 5/1j 11
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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
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EXHIBIT "C"
Florida Stone Crabbers Association, Inc.
Project Budget
Funding—Not to Exceed
Out of Collier County area advertising and marketing
related expenses to promote the Project
$25,000
Total: $25,000
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A4INSURANCE
13700 Six Mile Cypress/Ben C. Pratt Pkwy Suite#1
Fort Myers, FL 33912
239.418.1100
4/28/2022
Collier County
Office of the County Manager
3299 Tamiami Trail E, Building F
Naples, FL 34112
(239) 252-2385
Keliy.Greenftcolliercountyfl.gov&Charles.KammererPcolliercountyfl.gov
RE: Florida Stone Crabbers Association Inc, DBA: Everglades Seafood Festival
To Whom It May Concern:
Since 9/9/2021 AWA Insurance has provided insurance for the Florida Stone Crabber
Association Inc, DBA: Everglades Seafood Festival. We agree to provide for the events listed on
the agreement between FL Stone Crabber Association Inc DBA Everglades Seafood Festival and
the County. Should you have any questions, please do not hesitate to call.
Sincerely,
$4, .61,1_,A-A--, A4/9.,Znez... .--,-/_2_.
Barbara Revels, Producer
(863) 673-1968
barbara@awainsurance.com