Agenda 11/08/2022 Item #16F 1 (Execute the Tourist Development Tax Grant Agreement for the Second grant round for TY2022-2023)11/08/2022
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute Tourist Development Tax Grant
Agreements for the second grant round for FY 2022-2023 Non -County Owned/Operated Museums
(formerly Category C-2) and make a finding that these expenditures promote tourism.
OBJECTIVE: Approve grant applications and recommended grant awards for Tourist Development Tax JDT)
Non -County Museum Grant applicants for the second round for FY 2022-2023.
CONSIDERATIONS: The second round of TDT grants was approved in July 2022 by the Board of County
Commissioners. Applications were made available on our County Tourism website. This second round was
created to allow museums and performance organizations to obtain funding not to exceed 50% of the total
production costs and for other qualified organizations to apply for the $177,500 of remaining/unallocated ftmds
from the first round of grant applications. In accordance with the Grant Guidelines, the applications were
reviewed by Tourism Division staff to verify they met the Grant Guidelines. The Tourism Development Council
reviewed the applications on September 26, 2022, and recommended that the Board of County Commissioners
approves the grant funding and related grant agreements as follows:
Gulfshore Playhouse
This application funding request is for $127,025 for the 2022-2023 season, with a theme of Love in Many Colors.
One of the productions, 26 Miles, is a part of the Hispanic Art Festival (iARTE VIVA!). Funding has been
requested for production expenses which total $254,050.99. The organization projects an annual season
attendance of 25,000 visitors, 5,865 overnight visitors, 29,325 room nights, and Tourism Tax Revenue of
$118,253. The production expenditures requested meet the grant guidelines. Funding from the first round of
grants totaled $20,000 for marketing expenses. Staff and the TDC recommend funding for FY23 up to $80,000
for production expenses.
Marco Island Center for the Arts
This application firriding request is for $18,681 for the 2022-2023 season, for their new performance series, Arts
Center Theater. Funding has been requested for the theater and music series production costs which total $58,119,
along with marketing support for the theater series. The organization projects an annual season attendance of
7,200 visitors, 1,300 overnight visitors, 650 room nights, and Tourism Tax Revenue of $25,882. The requested
production and marketing expenditures meet the grant guidelines. Funding from the first round of grants totaled
$10,500 for exhibition and marketing expenses. Staff and the TDC recommend funding for FY23 up to $18,000
for theater series marketing and for production costs for the theater and music performance series.
Naples Art Association
This application funding request is for $13 5,000 for the exhibition, M. C. Escher Reality and Illusion, from Nov.
2022 - Feb 2023. Funding has been requested for exhibition costs which total $108,000 and out -of -market
advertising and promotion costs which total $42,000. The organization projects an attendance of 70,500 annual
visitors. For this exhibition, the organization anticipates 160 overnight visitors, 80 room nights, and Tourism Tax
Revenue of $1,274. The requested exhibit and marketing expenditures meet the grant guidelines. Funding from
the first round of grants totaled $100,000 for another exhibition and marketing expenses. Staff and the TDC
recommend funding for FY23 up to $14,500 for the exhibition and out -of -region marketing.
Opera Naples
This application funding request is for $92,289 for production expenses for the 2023 Festival Under the Stars (3d
annual) at Cambier Park between the dates of March 20 - April 6, 2023. Performances will include Bizet's
Carmen, South American Music, and Spanish Zarzuela Music and Dancing. The event is part of the Hispanic Art
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11/08/2022
Festival (iARTE VIVA!). Funding has been requested for production expenses which total $184,578. The
organization projects an attendance of 6,500 festival visitors, 365 overnight visitors, 423 room nights, and a
Tourist Tax Revenue of $19,949. The production expenditures requested meet the grant guidelines. Funding from
the first round of grants totaled $35,000 for out -of -market advertising. Staff and the TDC recommend funding for
FY23 of up to $65,000 for Festival Under the Stars production expenses.
FISCAL IMPACT: Funding for the second round of Tourist Development Tax Grant Agreements, in the amount
of $177,500, is available in the FY23 Tourism Division's budget within Non -County Owned/Operated Museum
Grant Fund (193).
ADVISORY BOARD RECOMMENDATION* The Tourist Development Council recommended approval of
this item (7-0) at the September 26, 2022 meeting.
LEGAL CONSIDERATION: This item is approved as to form and legality and requires majority vote for
approval. - CMG
RECOMMENDATION: To approve and authorize the Chairman to execute Tourist Development Tax Grant
Agreements for the second grant round for FY 2022-2023 Non -County Owned/Operated Museums (fortnerly
Category C-2) and make a finding that these expenditures promote tourism.
Prepared By: Paul Beirries, Tourism Director; John Melleky, Arts and Culture Manager
ATTACHMENT(S)
1. FY 23 C2 Gulfshore Playhouse - Round 2 - signedpdfprint (PDF)
2. FY 23 C2 Marco Island Center for the Arts - Round 2 contract signed printpdf (PDF)
3. FY 23 C2 Naples Art Association - Round 2 - signedprintpdf (PDF)
4. FY 23 C2 Opera Naples - Round 2 - signed printpdf (PDF)
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11/08/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 161.1
Doe ID: 23698
Item Summary: Recommendation to approve and authorize the Chairman to execute Tourist Development Tax
Grant Agreements for the second grant round for FY 2022-2023 Non -County Owned/Operated Museums (formerly
Category C-2) and make a finding that these expenditures promote tourism.
Meeting Date: 11/08/2022
Prepared by:
Title: Administrative Assistant — Tourism
Name: Jennifer Leslie
10/19/2022 8:51 AM
Submitted by:
Title: Division Director — Tourism
Name: Paul Beirnes
10/19/2022 8:51 AM
Approved By:
Review:
Corporate Business Operations
Tourism
Tourism
County Attorney's Office
Office of Management and Budget
County Attorney's Office
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Jennifer Reynolds
Stage I Review
Kelly Green
Stage 1 Review
Paul Beirnes
Director Completed
Colleen Greene
Level 2 Attorney Review
Debra Windsor
Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Christopher Johnson Additional Reviewer
Dan Rodriguez
Level 4 County Manager Review
Geoffrey Willig
Meeting Pending
Completed
10/19/2022 10:09 AM
Completed
10/19/2022 10:16 AM
10/19/2022 10:58 AM
Completed
10/20/2022 10:40 AM
Completed
10/20/2022 10:49 AM
Completed
10/26/2022 9:16 AM
Completed
10/27/2022 8:14 AM
Completed
11 /0 1 /2022 9:44 AM
11 /08/2022 9: 00 AM
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2022 TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND GULFSHORE PLAYHOUSE, INC.
NON -COUNTY OWNED/OPERATED MUSEUMS
THIS AGREEMENT is made and entered into this _ day of 12022,
by and between Gulfshore Playhouse, 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 fforn the Tourist Development Tax; and
WHEREAS, the Collier County Tourism Ordinance provides that certain of the revenues
I
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 production expenses and marketing
expenses to attract overnight visitors to Collier County for a production of Love in Many Colors:
The Magic of Theater Bringing Us Closer Together (hereinafter "the Project"); and
WHEREAS, the Tourist Development Council has recommended funding for
GRANTEE'S production expenses 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.
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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 "C," 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 Eighty Thousand
Dollars ($80,000). 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 "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.
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(e) GRANTEE shall be paid for its actual costs, not to exceed the maximum amount
budgeted pursuant to the attached "Exhibit C."
(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, 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.
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(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, 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,
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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.
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:
I
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,
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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, abridg& 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 cert , ified mail to the GRANTEE at the following address:
Kristin Coiqy, CEO and Producing Artistic Director
Gulfshore Playhouse, Inc.
2640 Golden Gate Parkway, Suite 211
. Naples, Florida 34105
kcouryggulfshoreplgyhouse.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:
John Melleky, Arts and Culture Manager
Collier County Tourism Department
2660 N. Horseshoe Drive Suite 105
Naples, Florida 34104
Johii.Mellekygcolliercoiiatyfl.p,ov
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.
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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 theuse 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 fands'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.
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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-ASSLG-NMENT:
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 Boardof 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 anadditional ninety (90) days. Amendments shall be in writing
and approved by the Board of County Commissioners.
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17. EVALUATI N 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 to qualify for reimbursement.
19. COVID-19 REQU�REMENTS:
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.
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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
written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA
By:
William L. McDaniel, Jr., Chairperson
Approved as to form and legality:
Colleen M. Greene
Assistant County Attorney
WITNESSES: GRANTEE:
(1) GULFSHORE PLAYHOUSE, INC.
Printed/Typed Name
(2) BY: Kristen Coury (Oct 10, )n)2 )3:10 EDT)
Kristen Coury
Printed/Typed Name Printed/Typed Name & Title
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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:
ADDRESS:
PHONE:
TITLE:
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 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?
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EXHIBIT "B"
REQUEST FOR FUNDS
COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL
EVENT NAME
ORGANIZATION
ADDRESS
CONTACTPERSON
REQUEST PERIOD FROM
REQUEST#
INTERIM REPORT
TOTAL CONTRACT AMOUNT
( ) FINAL REPORT
TELEPHONE (
TO
EXPENSE BUDGET REIMBURSEMENT REOUESTED
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 categor
. y 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"
Gulfshore Playhouse
Project Budget
Production expenses and Out of Collier County Area Advertising and Marketing Related
Expenses to promote the Project. .
Total Funding — Not to Exceed:
$80,000
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STAMPED - FY 23 C2 Gulfshore Playhouse -
Round 2
Final Audit Report
Created: 2022-10-04
By: John Melleky Oohn.melleky@colliercountyfl.gov)
Status: Signed
Transaction ID: CBJCHBCAABAA5c6bR4FanLA—vw9cwyChUqpptmqdYnad
2022-10-11
"STAMPED - FY 23 C2 Gulfshore Playhouse - Round 2" History
Document created by John Melleky (john.melleky@colliercountyfl.gov)
2022-10-04 - 2:42:20 PM GMT
Document emailed to kcoury@gulfshoreplayhouse.org for signature
2022-10-04 - 2:43:03 PM GMT
Email viewed by kcoury@gulfshoreplayhouse.org
2022-10-11 - 3:08:38 AM GMT
Signer kcoury@gulfshoreplayhouse.org entered name at signing as Kristen Coury
2022-10-11 - 3:10:08 AM GMT
Document e-signed by Kristen Coury (kcoury@gulfshoreplayhouse.org)
Signature Date: 2022-10-11 - 3:10:10 AM GMT - Time Source: server
Agreement completed.
2022-10-11 - 3:10:10 AM GMT
a Adobe Acrobat Sign
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2022 TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND ART LEAGUE OF MARCO ISLAND, INC.
NON -COUNTY OWNEDIOPERATED MUSEUMS
THIS AGREEMENT is made and entered into this 10 day of 2022$�
by and between Art League of Marco Island, 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 production expenses and marketing
expenses to attract ovemight visitors to Collier County for the Arts Center Theatre and Musical
Interludes (hereinafter "the Project"); and
WHEREAS, the Tourist Development Council has recommended funding for
GRANTEE'S production expenses 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.
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NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES
PROVIDED HEREIN, AND OTHER,VALUABLE CONSIDERATION, IT IS MUTUALLY
AGREED AS FOLLOWS:
U I [ON kittLt)
(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 promotion of
GRANTEE'S marketing for the Project.
2. PAYMLNT:
(a) The amount to be paid under this Agreement shall be a total of Eighteen
Thousand Dollars ($18,000). GRANTEE shall be paid in accordance with the fiscal procedures
of the County for the expendituies 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 payrrkent 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[sl have been provided or
performed in accordance with suQh 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.
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(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."
(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 percbntage 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
I
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, 2023, to be
eligible for payinent.
3. ELIGIBLE EXPEIbITURES:
(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.
[04-CMG-0000211745316/11
3
CAC
FPacket Pg. 1403
(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. INSLIANUE:
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 amdants:
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 CONVENSATION 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 fWly 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, 2023.
[04-CMQ.00002/1745316/11 4
1 Packet Pg. 1404
(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.
4-
a
(e) GRANTEE shall 'request that visitors to the event(s) complete a visitor 2-
questionnaire.
6. CHOICE OF VEN
D-ORS AND FAIR DEALIN
cu
(a) GRANTEE may select vendors or subcontractors to provide services as described
0
0
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
0
L-
GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related 2
employees, agents, officers, directors and/or shareholders.
(d) COUNTY may, in its discretion, object to the reasonableness of expenditures and 2
0
0
require payment if invoices have been paid under this Agreement for unreasonable expenditures.
The reasonableness of the expenditures shall be based on industry standards.
[04-CMG-DD002/1745316/11 5
(D
E
Packet Pg. 1405
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 lhnited to,
I
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:
Hyla Crane, Executive Director
Art League of Marco Island, Inc.
10 1 Winterberry Drive
Marco Island, Florida 34145
Hylg@Zarcoislandart-or
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.Mellekya,collierco=fl.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.
[04-CMG-00002/1745316/11 6
FPacket Pg. 1406
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 fully cooperate with the COUNTY in all matters pertaining to this
Agreement and shall provide all information and documentation requested by the COUNTY
I
from time to time pertaining to the use of any funds provided hereunder.
11. TERMINATION:
(a) The COUNTY or ffie 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 ACCOUNJ [,N,(i*:
GRANTEE is required to maintain complete and accurate accounting records, All
I
revenue related to the Agreement must be recorded, and all expenditures must be incurred within
the term of this Agreement.
13. AVAILABLL ITY OF FUND'-�:
This Agreement is subject to the availability of Tourist Development Tax revenues. If
for any reason tourist tax funds are not available to ftmd all or part of this Agreement, the
[04-CMG-00002/1745316/1) 7 1 60
FPacket Pg. 1407
COUNTY may upon written notice, at any time during the term of this Agreement, and at its sole
discretion, reduce or eliminate fanding 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. PROJIMITION 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 Agriement, 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-CMC�D0002/1745316/11 a
.-- Z-.
FPacket Pg. 1408
17. EVALUATION OF TOURISM IMPAC :
GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how
I
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. RE,,,UIRED NOT *� TION:
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, QQVID- 19 REQUIREMENTS:
For each event, GRANTEE is required to maintain compliance with state and local
4-
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 ajad how to implement these considerations making adjustments M,
0
0
to meet the unique needs and circumstances of the local community. CM
20. AMENDMENTS: 0
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
0
development tax funds are requested.
0
IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an CN
authorized person or agent, hereunder set their hands and seals on the date and year first above CN
written. (D
E
to4-CMG-00002/1745316/11 9 1 C1010
Packet Pg. 1409
ATTEST:
CRYSTAL K. KINZEL, Clerk
Approved as to form and legality:
Colleen M. Greene
Assistant County Attomey
WITNES-,ES-.
A4
klei
PrintedtTyped Name
,a,- , "T 6p - 9 F"
intedfi�ped Name
riv L
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
LIM
Willimn L. McDaniel, Jr., Chairperson
GRANTEE:
ART LEAGUE OF MARCO ISLAND, INC.
BY:
"U \ oL- (f
Printed/Typed Name & Title
[04-CMG-DO002/1745316/11 1 10
IL Ir
Packet Pg. 1410
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:
I
On an attached she,- t, ans�k er the tollowin.,,, fluestions toreach el"Ment in I Our Scope 0! work
I
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 duning 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-00002J1745316/11 lop
I Packet Pg. 1411
EXHIBIT "B"
REQUEST FOR FUNDS
COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL
EVENT NAMEE
ORGANIZATION
ADDRESS
CONTACTPERSON
REQUEST PERIOD FROM
REQUESTO
() INTERIM REPORT ( )FINAL REPORT
TOTAL CONTRACT AMOUNT S
TELEPHONE ( )—
TO
EXPENSE BUDGE1 REIMBURSEMENT REOUEMD
I
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 Gmntee 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 CEUF OFFICL4J, 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 fdr reimbursement of actual cost made during this time period.
SIGNATURE TITLE
[04-CMG-OOOD2/1745316/11 12
Packet Pg. 1412
EXHIBIT "C"
Art League of Marco Island, Inc.
Project Budget
Production expenses and Out of Collier County Area Advertising and Marketing Related
Expenses to promote the Project.
T , - tal Fundin �-- — Not to Exceed:
$18,000
[04-CM(I-00002/17453 16(11 13
Fpacket Pg. 1413
2022 TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND NAPLES ART ASSOCIATION, INC.
NON -COUNTY OWNED/OPERATED MUSEUMS
THIS AGREEMENT is made and entered into this _ day of 2022,
by and between Naples Art Association, Inc., a Florida not -for -profit corporation, hereinafter
referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida,
hereinafter referred to as "COUNTY."
WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred
to as "Plan") funded by proceeds from the Tourist Development Tax; and
WHEREAS, the 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, M C. Escher Reality and Illusion Exhibition (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-00002/1745318/1]
FPacket Pg. 1414
NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES
PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY
AGREED AS FOLLOWS:
I . SCOPE OF WORK:
(a) In accordance with the authorized expenditures as set forth in the Budget,
attached hereto as Exhibit "C," 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 Fourteen
Thousand Five Hundred Thousand Dollars ($14,500). 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 "C" shall
constitute authorization for the expenditure[s] described in the invoice[s].
(c) All expenditures shall be made in conformity with this Agreement.
[04-CMG-00002/1745318/1] 2 CAO
FPacket Pg. 1415
(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."
(t) 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 2!
reimbursement.
(h) Services or product must be delivered and paid for by GRANTEE between the
T
effective dates of this Agreement. T
CM
G) All requests for reimbursement must be received by September 30, 2023, to be
0
eligible for payment.
3. ELIGIBLE EXPENDITURES:
0
(a) Only eligible expenditures described in Paragraph One (1) will be paid by
COUNTY.
z
(b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2022 N
and September 30, 2023. N
E
C47
f04mCMG-00002/1745318/1] 3 Packet Pg. 1416
(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, 2023.
[04-CMG-00002/1745318/11 4
I Packet Pg. 1�417
(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
perforinance 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.
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.
[04-CMG-00002/1745318/1] 5
FPacket
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 wrongftil 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:
Frank Verpoorten, Executive Director and Chief Curator
Naples Art Association, Inc.
585 Park Street
Naples, Florida 34102
Frank.yeEpoorterigngplesart.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:
John Melleky, Arts and Culture Manager
Collier County Tourism Department
2660 N. Horseshoe Drive Suite 105
Naples, Florida 34104
John.MelIekygcolliercojMtyfl.go
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.
[04-CMG-00002/1745318/1] 6 c W,
Fpacket Pg. 1419
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 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 'E
W
E
[04-CMG-00002/1745318/11 7
Fpacket Pg. 1420
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, 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 ftmds 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 terin 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:
[04-CMG-00002/1745318/11 8
CAC
Packet Pg. 1421
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 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 pandernic. 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.
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.
[04-CMG-00002/1745318/11 9
CAC
Fpacket
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA
Approved as to form and legality:
Colleen M. Greene
Assistant County Attorney
WITNESSES:
(1)
Printed/Typed Name
(2)
M
William L. McDaniel, Jr., Chairperson
GRANTEE:
NAPLES ART ASSOCIATION, INC.
TI-Rlfl( k1wl-owege
BY: Frank verpoorten (Oft 4, 2022 11:28 EDT)
FRANKVERPOORTEN
Printed/Typed Name Printed/Typed Name & Title
/1-1111 -14.
[04-CMG-00002/1745318/1] 10 CAO
Fpacket Pg. 1423
EXHIBIT "A"
Collier County Tourist Development Council
Final Status Report (Due by Oct. 15, 2023)
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
ADDRESS:
PHONE:
TITLE:
FAX:
On an attached sheet, answer the followine 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-00002/1745318/1]
Packet Pg. 1424
EXHIBIT "B"
REQUEST FOR FUNDS
COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL
EVENT NAME
ORGANIZATION
F.VIM-111=1
CONTACT PERSON
REQUEST PERIOD FROM
REQUEST#
( )INTERIM REPORT
TOTAL CONTRACT AMOUNT S
( ) FINAL REPORT
TELEPHONE (
TO
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-00002/1745318/1] 12 CA0
I Packet Pg. 1425
EXHIBIT "C"
Naples Art Association
Project Budget
Exhibit fees and Out of Collier County Area Advertising and Marketing Related Expenses to
promote the Project.
Total Fundinst — Not to Exceed:
$14,500
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16.F.l.c
III
STAMPED - FY 23 C2 Naples Art Association -
Round 2
Final Audit Report
Created: 2022-10-04
By: John Melleky Oohn.melleky@colliercountyfl.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAicnVOjhXrgNhlVmZnf3FKoefvGslZcqe
2022-10-04
"STAMPED - FY 23 C2 Naples Art Association - Round 2" Histor
Y
Document created by John Melleky (john.melieky@colliercountyfl.gov)
2022-10-04 - 3:25:41 PM GMT
Document emailed to frank.verpoorten@naplesart.org for signature
2022-10-04 - 3:26:08 PM GMT
,�.: ;-i
Email viewed by frank.verpoorten@naplesart.org
2022-10-04 - 3:26:33 PM GMT
Signer frank.verpoorten@naplesart.org entered name at signing as Frank Verpoorten
2022-10-04 - 3:28:40 PM GMT
LA6, Document e-signed by Frank Verpoorten (frank.verpoorten@napiesart.org)
Signature Date: 2022-10-04 - 3:28:42 PM GMT - Time Source: server
Agreement completed.
2022-10-04 - 3:28:42 PM GMT
a Adobe Acrobat Sign
I Packet Pg. 1427 1
2022 TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND OPERA NAPLES, INC.
NON -COUNTY OWNED/OPERATED MUSEUMS
THIS AGREEMENT is made and entered into this _ day of )2022,
by and between Opera Naples, Inc., a Florida not -for -profit corporation, hereinafter referred to as
"GRANTEE" and Collier County, a political subdivision of the State of Florida; and
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 production expenses and marketing
expenses to attract overnight visitors to Collier County for the 2023 Festival Under the Stars
(hereinafter "the Project"); and
WHEREAS, the Tourist Development Council has recommended funding for
GRANTEE'S production expenses 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.
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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 "C," the GRANTEE shall expend the funds for the promotion of
GRANTEE'S marketing of the Pr9ject.
2. PAYMENT:
(a) The amount to be paid under this Agreement shall be a total of Sixty -Five
Thousand Dollars ($65,000). 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 "C" shall
constitute authorization for the expenditure [s] described in the invoice [s].
(c) All expenditures shall be made in conformity with this Agreement.
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(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."
(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, 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.
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(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 Agreemerit 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, 2023.
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(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. I
(e) GRANTEE shall request that visitors to the event(s) complete a visitor
questionnaire.
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 agree* 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, inits 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.
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7. INDEMNIFICATION:
GRANTEE shall indemnify and hold harmless Collier County, its agents, officers and
I
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 6r 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:
Larry Ost, Chairman of the Board
Opera Naples, Inc.
2408 Linwood Avenue
Naples, Florida 34112
lost@operanapies.or and
kkvle@operanaples.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:
John Melleky, Arts and Culture Manager
Collier County Tourism Department
2660 N. Horseshoe Drive Suite 105
Naples, Florida 34104
John. Mellcky2colliercountAfl. go
The GRANTEE and the COUNTY may change the above mailing address at any time
upon giving the other party written iiotification pursuant to this Section.
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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 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
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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 ---CORDS:
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 assig'n, 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. Amendments shall be in writing
and approved by the Board of County Commissioners.
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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 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.
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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
written.
ATTEST:
CRYSTAL K. KINZEL, Clerk
Approved as to form and legality:
Colleen M. Greene
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
William L. McDaniel, Jr., Chairperson
WITNESSES: GRANTEE:
(1) OPERA NAPLES, INC.
Printed/Typed Name
(2)
Printed/Typed Name
BNx : Laura Burns (Oct 11,2022 06:03 EDT)
Laura L Burns
Printed/Typed Name
Executive Director
Printed/Typed Title
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EXHIBIT 66A99
Collier County Tourist Development Council
Final Status Report (Due by Oct. 15, 2023)
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
ADDRESS:
PHONE:
TITLE:
FAX:
On an attached sheet, answer the followinm 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?
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EXHIBIT 661399
REQUEST FOR FUNDS
COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL
EVENT N
ORGANIZATION
ADDRESS
CONTACT PERSON
REQUEST PERIOD
REQUEST#
) INTERIM REPORT
TOTAL CONTRACT AMOUNT
EXPENSE
TOTALS
FROM
( ) FINAL REPORT
TELEPHONE ( )
TO
BUDGET REIMBURSEMENT REQUESTED
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 purppse 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 66C99
Opera Naples, Inc.
Project Budget
Production expenses and Out of Collier County Area Advertising and Marketing Related
Expenses for the Project.
Total Funding — Not to Exceed:
$65,000
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16.F.l.d
STAMPED - FY 23 C2 Opera Naples - Round 2
Final Audit Report 2022-10-11
Created: 2022-10-04
By: John Melleky Oohn.melleky@colliercountyfl.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAltm4y2Njl3HfQYh—owN42rLs8bJ—bTpo
"STAMPED - FY 23 C2 Opera Naples - Round 2" History
Document created by John Melleky (john.melieky@colliercountyfl.gov)
2022-10-04 - 3:20:29 PM GMT
Document emailed to lburns@operanaples.org for signature
2022-10-04 - 3:20:58 PM GMT
Email viewed by lburns@operanaples.org
2022-10-11 - 10:00:55 AM GMT
AQ, Signer lburns@operanapies.org entered name at signing as Laura Burns
2022-10-11 - 10:03:17 AM GMT
Document e-signed by Laura Burns (lburns@operanaples.org)
Signature Date: 2022-10-11 - 10:03:19 AM GMT - Time Source: server
Agreement completed.
2022-10-11 - 10:03:19 AM GMT
a Adobe Acrobat Sign
I Packet Pg. 1441 1