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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 I Packet Pg. 1384 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) I Packet Pg. 1385 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 I Packet Pg. 1386 1 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. [04-CMG-00002/174 53 07/ 11 Packet Pg. 1387 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. [04-CMG-00002/1745307/11 2 Packet Pg. (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. [04-CMG-00002/1745307/11 3 Packet Pg. (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, [04-CMG-00002/17453 07/11 4 Packet Pg. 1390 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, -W 4- 2M 0 0 a. 0 E M U [04-CMG-00002/1745307/1 5 FPacket Pg. 1391 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. [04-CMG-00002/1745307/11 6 Packet Pg. 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. [04-CMG-00002/174 53 07/ 11 7 1", %'!-' I Packet Pg. 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. [04-CMG-00002/1745307/11 8 Packet Pg. 1394] 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. [04-CMG-00002/1745 3 0 7/11 9 Packet Pg. 1395 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 [04-CMG-00002/1745307/11 10 Packet Pg. 1396 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? [04-CMG-00002/174 5 3 07/ 11 11 I Packet Pg. 1397 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 [04-CMG-00002/1745307/1 ] 12 I Packet Pg. 1398 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: $80,000 [04-CMG-00002/1745 3 07/11 13 Packet Pg. 1399 STAMPED - FY 23 C2 Gulfshore Playhouse - Round 2 Final Audit Report Created: 2022-10-04 By: John Melleky Oohn.melleky@colliercountyfl.gov) Status: Signed Transaction ID: CBJCHBCAABAA5c6bR4FanLA—vw9cwyChUqpptmqdYnad 2022-10-11 "STAMPED - FY 23 C2 Gulfshore Playhouse - Round 2" History Document created by John Melleky (john.melleky@colliercountyfl.gov) 2022-10-04 - 2:42:20 PM GMT Document emailed to kcoury@gulfshoreplayhouse.org for signature 2022-10-04 - 2:43:03 PM GMT Email viewed by kcoury@gulfshoreplayhouse.org 2022-10-11 - 3:08:38 AM GMT Signer kcoury@gulfshoreplayhouse.org entered name at signing as Kristen Coury 2022-10-11 - 3:10:08 AM GMT Document e-signed by Kristen Coury (kcoury@gulfshoreplayhouse.org) Signature Date: 2022-10-11 - 3:10:10 AM GMT - Time Source: server Agreement completed. 2022-10-11 - 3:10:10 AM GMT a Adobe Acrobat Sign I Packet Pg. 1400 1 2022 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND ART LEAGUE OF MARCO ISLAND, INC. NON -COUNTY OWNEDIOPERATED MUSEUMS THIS AGREEMENT is made and entered into this 10 day of 2022$� 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. [04-CM"MW1745316/11 1 __ C, Fpacket Pg. 1401 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. [04-CMG-00002/1745316/11 2 CAO Packet Pg. 1402 (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 [04-CMG-00002/1745318/11 13 r t Pg. 14276 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. [04-CMG-00002/1745322/11 Packet Pg. 1428 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. [04-CMG-00002/1745322/11 2 FP—ack—et Pg. 1429 (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. [04-CMG-00002/1745322/1 3 Packet Pg. 1430 (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. [04-CMG-00002/1745322/1 4 Packet Pg. 1431 (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. [04-CMG-00002/1745322/11 5 I Packet Pg. 1432 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. [04-CMG-00002/1745322/ 1] 6 FPacket Pg. 1433 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 [04-CMG-00002/1745322/1 ] 7 FPacket Pg. 1434 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. (04-CMG-00002/1745322/1 8 Packet Pg. 1435 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. [04-CMG-00002/1745322/1 9 Packet Pg. 1436 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 [04-CMG-00002/1745322/1 10 Fpacket Pg. 1437 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? [04-CMG-00002/1745322/1 Packet Pg. 1438 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 [04-CMG-00002/174 5322/ 11 12 Packet Pg. 1439 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 [04-CMG-00002/1745322/1 J 13 Packet Pg. 1440 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