Agenda 08/08/2023 Item #16F4 (Approve grant agreements and recommended grant awards for Tourist Development Tax Marketing and Non County Museum Grant applications for TY2023-24)16. F.4
08/08/2023
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute Tourist Development Tax Grant
Agreements for FY 2023-2024 Marketing Grants (Category B) ($74,648) and Non -County
Owned/Operated Museums (Category C-2) ($750,000), approve grant award of funds in the amount of
$824,648 for both programs contingent upon FY 2024 budget availability, and make a finding that these
expenditures promote tourism.
OBJECTIVE: Approve grant agreements and recommended grant awards for Tourist Development Tax
(TDT) Marketing and Non -County Museum Grant applicants for FY 2023-2024.
CONSIDERATIONS: The Tourism Development Tax Grant program provides opportunities in two program areas
for organizations to apply for grants. The grant categories follow Florida Statute 125.0104 section 5.a.l.c and
include these two types: "C-2" Non -County Owned and Operated Museums and "B" Marketing Grants. All grant
awards are for reimbursed expenses that meet the reimbursement request guidelines and a financial review process.
Category `B" Marketing Grants are provided to any organization that is producing an event, festival, or activity
that is cultural in nature. Funding for these grants is only for marketing activities. Category "C-2" Non -County
Museum Grants are open to nonprofit organizations that are deemed a museum and provide funding to arts and
cultural organizations for production support, exhibition support, and marketing activities. In both categories, the
primary purpose of the funds are to help drive tourists to our destination and to provide opportunities for visitors
to enjoy unique arts and cultural experiences in our county. Funding is contingent on budget availability and
subject to appropriation by the Board.
Reimbursable visitor marketing activities for both grants include for example local campaigns that target tourists
(such as a magazine produced by a hotel that is only available in the rooms) and out -of -region marketing. The
region is defined as a 50-mile radius from the event site. Per the Grant Agreement, media that includes Collier
County as part of a regional package can be included. Reimbursement of any campaigns will be reimbursed up to
the percentage distribution outside and based on documentation provided by the grantee organization.
Tourism Grant Applications were made available on our County Tourism website in an online system on January
21, 2023 and were due on March 24, 2023. Thirteen applications were received. In accordance with the Grant
Guidelines, the applications were reviewed by Tourism Division staff and verified that all applications met the
Grant Guidelines.
Staff analyzed the grant applications in the Oxford Economics Event Impact Calculator for Festival and Cultural
Events to determine economic indicators. This industry -standard calculator is utilized by over 300 destination
organizations worldwide and is the global standard for measuring net new money coming to a community because
of meetings and events. It is updated annually, the calculator draws on ten different data sources, including Oxford
Economics' survey data, Longwood International's ongoing survey of U.S. travel behavior, Convention Industry
Council's study on Economic Significance, and primary studies on events and SMG Convention Center activities to
provide an industry -wide standard.
The Tourism Division also analyzed the application for economic indicators with the Oxford Economics Event
Impact Calculator for Festival and Cultural Events. For arts and cultural activity economic indicators, inputs
include the dates of the event; the event type (Festival and Cultural Events); and detailed event information that
includes performing arts (concerts, theater, and dance), visual arts (crafts, sculptures, painting), film and award
ceremonies, food and drink, or other cultural (commemorations, religious, special interests, parades). The number
of adult attendees is entered along with a geographic reach that is primarily local attendees, balanced attendees, and
primarily out-of-town visitors. The percentage of out-of-town visitors is also entered. A room rate is researched
from the formerly known Smith Travel Report (now the company is named STR) for the event date chosen. If
possible, the room rate used was from 2019 to avoid any type of data anomaly of room rates over the past two
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years. The model then determines the overnight share of out-of-town visitors as it varies depending on the percent
of out-of-town share and the detailed event type. It also determines the overnight visitors and the Tourism Tax
Revenue (Bed Tax) from our tax rate table in the model. These two figures are the economic indicators in the grant
descriptions below.
A panel of eight (8) County employees reviewed the grant applications. These individuals are involved in
marketing, arts and culture, finance, and tourism. They scored the applications based on artistic value/cultural
impact, tourism impact, marketing plan, economic impact, and other general impact. Scores and award
recommendations were averaged, and a meeting was held to determine final recommendations. The County
Attorney's Office reviewed the applications for legal sufficiency.
Final grant reports now include questions and analysis on attendee surveys and results, attendance figures and
location of attendees, and marketing campaigns and results. Tourism staff will also analyze the actual attendance
through the Event Impact Calculator to determine estimates against the actual results.
As the grant program moves forward, it is anticipated that tourism staff will be there to assist the organizations
during the grant term. This assistance will include additional workshops, discussions of best practices, and
assistance with preparing financial reports and final reports. Staff is available to review marketing campaigns and
answer questions as to the validity of marketing campaign meeting grant requirements prior to a financial
submission by the organization. Financial submissions are now reviewed by tourism staff before it is sent to a
finance team member for an additional review. This will ensure the grant is being utilized to its best ability.
The Tourism Development Council (TDC) reviewed the applications on June 19, 2023 and recommended that the
Board of County Commissioners approves the grant funding and related grant agreements as follows:
Marketing Grants (Category B)
Florida Stone Crabbers Association, Inc.
This application funding request is for $41,335 to promote the 2024 Everglades Seafood Festival (54th Annual
Festival) in February 2024. The organization received a grant in FY 2023 in the amount of $25,000. Funding
has been requested for promotion of the festival through social media and digital marketing, out -of -home
marketing, print and radio campaigns, and website updates. The organization projects an attendance of 70,350.
Economic indicators include 1,495 overnight visitors and Tourism Tax Revenue of $16,546. Staff and the TDC
recommended funding for FY 2024 up to $41,335 for reimbursable visitor marketing activities for the Everglades
Seafood Festival.
Gulfshore Opera
This application funding request is for $20,000 to promote the 2023-2024 lineup of opera productions and
concerts in numerous venues throughout Collier County. The organization received grants in FY 2023 in the
amount of $10,000, FY 2022 in the amount of $15,000, FY 2020 in the amount of $15,000, and FY 2019 in the
amount of $20,000. In FY 2022 attendance of 2,270 occurred for their events in Collier County. Funding has
been requested for advertising assistance to attract out -of -area attendees to its concert lineup via social media,
website, print, and radio media campaigns. The organization projects an attendance of 2,125 for this project.
Economic indicators include 319 overnight visitors and Tourism Tax Revenue of $3,651. Staff and the TDC
recommended funding for FY 2024 up to $20,000 for reimbursable visitor marketing activities for the opera
season productions and concerts.
United Arts Collier (formerly United Arts Council (of Collier County))
This application funding request is for $13,313 to promote arts and culture through online and digital calendars.
This is the first request from the organization in the past five years. Since this is a new marketing and digital
campaign for the organization and no actual live event, there are currently no audience measures or economic
indicators. Even without the economic indicators, the intent it to help with the overall marketing platform to
ascertain future economic indicators. Measures will be built based on the results of this first year. Staff and the
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TDC recommended funding for FY 2024 up to $13,313 to promote and advertise arts and cultural activities. This
will benefit Collier County by helping establish a partnership with the United Arts Collier to be able to help with
coordinated reimbursable visitor marketing activities.
Non -County Owned/Operated Museums (,Category C-2)
Artis-Naples
This application funding request is for $200,000 for seasonal support that includes the Naples International Film
Festival in October 2023 and the Gershwin Centennial Celebration that includes performances by Naples
Philharmonic and the debut of an exhibition entitled George Gershwin and Modern Art: Rhapsody in Blue in
February 2024. The organization received grants in FY 2023 in the amount of $150,000, FY 2022 in the amount
of $150,000, FY 2021 in the amount of $100,000, FY 2020 in the amount of $300,000, and FY 2019 in the
amount of $225,000. Funding has been requested for performance costs, exhibition costs, and reimbursable
visitor marketing activities. The organization projects an attendance of 345,000 annual visitors which includes
33,000 visitors for these projects in the grant. Economic indicators include 4,130 overnight visitors and Tourism
Tax Revenue of $51,925 over the course of the programs. Staff and the TDC recommended funding for FY 2024
of up to $120,000 for production costs, exhibition costs, and reimbursable visitor marketing activities.
Golisano Children's Museum of Naples (C'mon)
This application funding request is for $188,698 to acquire and promote traveling exhibits to the museum
between January 2024 and September 2024. Exhibitions include Thomas and Friends and Scooby Doo! Mansion
Mayhem! The organization received grants in FY 2023 in the amount of $75,000, FY 2022 in the amount of
$100,000, FY 2021 in the amount of $50,000, FY 2020 in the amount of $326,000, and FY 2019 in the amount
of $206,400. Funding has been requested for exhibition costs and reimbursable visitor marketing activities. The
organization projects an annual attendance of 240,400 (85,400 adults) which includes 108,000 (59,780 adults) for
these exhibitions in the grant. Economic indicators include 1,076 overnight visitors and Tourism Tax Revenue
of $9,238. Staff and the TDC recommended funding for FY 2024 up to $90,000 for their exhibition costs and
reimbursable visitor marketing activities.
Gulfshore Playhouse
This application funding request is for $100,000 for the 2023-2024 season of five (5) productions. One of the
productions, 26 Miles, is a part of iARTE VIVA! The organization received a grant in FY 2023 in the amount of
$100,000. Funding has been requested for production expenses and reimbursable visitor marketing activities.
The organization projects an annual attendance of 43,280, but for this event the attendance is anticipated to be
22,340. Economic indicators include 1,173 overnight visitors and Tourism Tax Revenue of $14,722. Staff and
the TDC recommended funding for FY 2024 up to $85,000 for production costs and reimbursable visitor
marketing activities.
Marco Island Center for the Arts
This application funding request is for $70,716 for the 2023-2024 season, which includes art exhibitions, musical
performances, and theatre productions. A portion of the season is part of iARTE VIVA! The organization
received a grant in FY 2023 in the amount of $28,500. Funding has been requested for exhibition costs,
production costs, and reimbursable visitor marketing activities. The organization projects an annual attendance
of 18,460 which includes 8,605 for these programs in the grant. Economic indicators include 1,277 overnight
visitors and Tourism Tax Revenue of $16,083. Staff and the TDC recommended funding for FY 2024 up to
$40,000 for the exhibition, production, and reimbursable visitor marketing activities.
Naples Art Association
This application funding request is for $153,030 for seasonal support of a series of exhibitions and a special
placemaking project. Exhibitions include Vincent Vasarely and Norman Rockwell, along with a Creative
Placemaking project with an event, Weaving Narratives, that will be a part of iARTE VIVA! The organization
received a grant in FY 2023 in the amount of $114,500. Funding has been requested for exhibition, production,
and reimbursable visitor marketing activities. The organization projects an annual attendance of 104,400 visitors
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which includes 9,219 for these programs in the grant. Economic indicators include 131 overnight visitors and
Tourism Tax Revenue of $3,979. Staff and the TDC recommended funding for FY 2024 up to $100,000 for
exhibition costs and reimbursable visitor marketing activities.
Naples Art District
This application funding request is for $121,000 for marketing their 2023-2024 season of activities, some of
which are a part of iARTE VIVA! that includes a weekend of showcasing their work with Frida Kahlo portraits
and a new Picasso Palooza weekend. The organization received a grant in FY 2023 in the amount of $48,500.
Funding has been requested for reimbursable visitor marketing activities. The organization projects an annual
attendance of 37,000. The Tourism funds provide support for their entire season and support the annual
attendance. Economic indicators include 875 overnight visitors and Tourism Tax Revenue of $10,377. Staff and
the TDC recommended funding for FY 2024 up to $55,000 for reimbursable visitor marketing activities.
Naples Botanical Garden
This application funding request is for $150,000 for exhibit rental and promotional expenditures for the popular
holiday exhibit, "Johnsonville Night Lights in the Garden" which will run from November 24, 2023, to January
1, 2024. The organization received grants for Johnsonville Night Lights as a portion of the full grant award (full
grant award in parentheses) in FY 2023 in the amount of $100,000 (total grant of $200,000) FY 2022 in the
amount of $100,000 (total grant of $200,000), FY 2021 in the amount of $100,000 (total grant of $200,000), FY
2020 in the amount of $50,000 (total grant of $150,000), and FY 2019 in the amount of $50,000 (total grant of
$150,000). Funding has been requested for exhibit support and reimbursable visitor marketing activities. The
organization projects an annual attendance of 261,825 (adults and children) which includes 54,276 for this
project in the grant per the grant application. Economic indicators include 7,869 overnight visitors and Tourism
Tax Revenue of $81,368. Staff and the TDC recommended funding for FY 2024 up to $100,000 for exhibition
costs and reimbursable visitor marketing activities.
Opera Naples
This application funding request is for $242,000 for seasonal support including production costs and marketing
their 2024 Festival Under the Stars (4`h annual) at Cambier Park in March 2024. The festival is part of iARTE
VIVA! The organization received a grant in FY 2023 in the amount of $100,000. Funding has been requested for
production support and reimbursable visitor marketing activities. The organization projects an annual attendance
of 5,653. The Tourism funds provide support for their entire season and support the annual attendance. Economic
indicators include 126 overnight visitors and Tourism Tax Revenue of $1,807. Staff and the TDC recommended
funding for FY 2024 up to $100,000 for production costs and reimbursable visitor marketing activities.
The Holocaust Museum
This application funding request is for $15,000 for marketing and costs for three traveling exhibitions throughout
the year: Forgeries and the Holocaust, Stitching History from the Holocaust, and Lawyers Without Rights. The
organization received grants in FY 2023 in the amount of $30,000, FY 2022 in the amount of $30,000, FY 2020 in
the amount of $50,000. Funding has been requested for exhibition fees and reimbursable visitor marketing
activities. The organization projects an attendance of 8,337 annual visitors. The Tourism funds provide support
for their entire season and support the annual attendance. Economic indicators include 257 overnight visitors and
Tourism Tax Revenue of $2,424. Staff and the TDC recommended funding for FY 2024 up to $15,000 for
exhibition costs and reimbursable visitor marketing activities.
The Naples Players
This application funding request is for $125,652 for seasonal support for their theatrical productions. The
organization received a grant in FY 2023 in the amount of $20,000. Funding has been requested for production
support and reimbursable visitor marketing activities. The organization projects an annual attendance of 65,000
which includes 30,850 for this project in the grant. Economic indicators include 3,795 overnight visitors and
Tourism Tax Revenue of $54,437 for this project. Staff and the TDC recommended funding for FY 2024 up to
$45,000 for production costs and reimbursable visitor marketing activities.
FISCAL IMPACT: Funding for the marketing grants in the amount of $74,648 (Fund 184) and for the
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Non -County Museums of $750,000 (Fund 193) is included in the proposed FY 2024 Tourism Division's budget,
contingent upon the approval of the FY 2024 budget and budget availability.
ADVISORY BOARD RECOMMENDATION: This item was approved unanimously by the Tourist
Development Council on June 19, 2023, with a vote of 7-0.
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 FY 2023-2024 Marketing Grants (Category B) ($74,648) and Non -County Owned/Operated
Museums (Category C-2) ($750,000), approve grant award of funds in the amount of $824,648 for both
programs contingent upon FY 2024 budget availability, and make a finding that these expenditures promote
tourism.
Prepared By: Paul Beirnes, Tourism Director; John Melleky, Arts and Culture Manager
ATTACHMENT(S)
1. B Marketing_Promotion Agreement - Florida Stone Crabbers Association, Inc - signed (PDF)
2. B Marketing_Promotion Agreement - Gulfshore Opera - signed (PDF)
3. B Marketing_Promotion Agreement - United Arts Council of Collier County - signed (PDF)
4. C2 Museums Agreement - Artis Naples - signed(PDF)
5. C2 Museums Agreement - Golisano Chirdren's Museum of Naples - signed (PDF)
6. C2 Museums Agreement - Gulfshore Playhouse - signed (PDF)
7. C2 Museums Agreement - Marco Island Center for the Arts - signed (PDF)
8. C2 Museums Agreement - Naples Art Association, Inc - signed (PDF)
9. C2 Museums Agreement - Naples Art District, Inc - signed (PDF)
10. C2 Museums Agreement - Naples Botanical Garden Inc - signed (PDF)
11. C2 Museums Agreement - Opera Naples, Inc - signed (PDF)
12. C2 Museums Agreement - The Holocaust Museum & Education Center of SWFL, Inc - signed (PDF)
13. C2 Museums Agreement - The Naples Players, Inc - signed (PDF)
14. TDT Grant Amounts Awarded pdf (PDF)
15. TDT Grant Recommendation Summary Report TDC (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.4
Doc ID: 26219
Item Summary: Recommendation to approve and authorize the Chairman to execute Tourist Development Tax
Grant Agreements for FY 2023-2024 Marketing Grants (Category B) ($74,648) and Non -County Owned/Operated
Museums (Category C-2) ($750,000), approve grant award of funds in the amount of $824,648 for both programs
contingent upon FY 2024 budget availability, and make a finding that these expenditures promote tourism.
Meeting Date: 08/08/2023
Prepared by:
Title: Administrative Assistant — Tourism
Name: Jennifer Leslie
07/26/2023 8:44 AM
Submitted by:
Title: Division Director — Tourism
Name: Paul Beirnes
07/26/2023 8:44 AM
Approved By:
Review:
Tourism
Paul Beirnes Director Completed
07/31/2023 8:22 AM
Corporate Compliance and Continuous Improvement Megan Gaillard
Additional Reviewer Completed
07/31/2023 7:41 PM
County Attorney's Office
Colleen Greene Level 2 Attorney Review
Completed 08/01/2023 9:26 AM
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Completed 08/01/2023 9:47 AM
Office of Management and Budget
Blanca Aquino Luque Level 3 OMB Gatekeeper Review
Completed 08/01/2023 11:09 AM
Office of Management and Budget
Agnieszka Chudy Additional Reviewer
Completed 08/01/2023 1:48 PM
Office of Management and Budget
Christopher Johnson Additional Reviewer
Completed 08/01/2023 3:02 PM
County Manager's Office
Dan Rodriguez Level 4 County Manager Review
Completed 08/02/2023 9:06 AM
Board of County Commissioners
Geoffrey Willig Meeting Pending
08/08/2023 9:00 AM
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2023 TOURISM PROMOTION AGREEMENT BETWEEN
COLLIER COUNTY AND FLORIDA STONE CRABBERS ASSOCIATION, INC.
MARKETING AND EVENT GRANT
THIS AGREEMENT is made and entered into this day of , 2023,
by and between Florida Stone Crabbers 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 promote and advertise tourism
within the State of Florida, nationally and internationally which encourages tourism; and
WHEREAS, GRANTEE has applied to the Tourist Development Council and the County
to use Tourist Development Tax to promote the 2024 production of the 50 Annual Everglades
Seafood Festival, an event held in Collier County (hereinafter "the Project"); and
WHEREAS, the Tourist Development Council has made a recommended finding to
approve this funding request and that this expenditure promotes tourism; and
WHEREAS, the Board of County Commissioners (`Board") has approved the funding
request of the GRANTEE, and made a finding that this expenditure promotes tourism.
NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES
PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY
AGREED AS FOLLOWS:
1. SCOPE OF WORK:
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(a) The GRANTEE shall expend the funds for the out -of -County promotion of
GRANTEE'S marketing of the Project, in accordance with the authorized expenditures as set
forth in the Budget, attached hereto as Exhibit "A."
2. PAYMENT:
(a) The amount to be paid under this Agreement shall be a total of Forty -One
Thousand Three Hundred Thirty -Five Dollars ($41,335). GRANTEE shall be paid in accordance
with the fiscal procedures of the County for the expenditures incurred for the Project upon
submittal of a Request for Funds through the online system 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 "A" shall
constitute authorization for the expenditure[s] described in the invoice[s].
(c) All expenditures shall be made in conformity with this Agreement.
(d) The COUNTY shall not pay GRANTEE until the Clerk's Finance Department
pre -audits all payment invoices in accordance with law.
(e) GRANTEE shall be paid for its actual costs, not to exceed the maximum amount
budgeted pursuant to the attached "Exhibit A."
(f) With a goal to promote overnight visitation, expenditures with print publications,
broadcast, digital, email, and social platforms should be placed in media that runs outside of
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Collier County or in media in Collier County that is directed toward tourists. Media that
includes Collier County as part of a regional package can be included. Reimbursement of any
campaigns 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 documentation provided by GRANTEE.1
(g) Services or product must be delivered and paid for by GRANTEE between the
effective dates of this Agreement.
(h) All requests for reimbursement must be received by September 30, 2024 to be
eligible for payment.
3. ELIGIBLE EXPENDITURES:
(a) Only eligible expenditures described in the Project Budget will be paid by
COUNTY.
(b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2023
and September 30, 2024.
(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 in compliance with Florida law after
termination of this Agreement or any extension or renewal thereof.
4. REPORTING REQUIREMENTS:
(a) GRANTEE shall provide a Final Status Report to the County no later than
September 30, 2024. The Final Status Report includes: 1) Analysis of Visitor Survey and
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Attendance; 2) Financial Analysis; and 3) Marketing Plan Results, and is subject to review by the
Tourism Director or Designee.
(b) 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.
5. INSURANCE:
(a) GRANTEE shall submit a Certificate of Insurance naming the Collier County
Board of County Commissioners and the Tourist Development Council as additional insureds.
(b) The certificate of insurance must be valid for the duration of this Agreement, and
be issued by a company licensed in the State of Florida, and provide General Liability Insurance
for no less than the following amounts:
BODILY INJURY LIABILITY $300,000 each claim per person
PROPERTY DAMAGE LIABILITY $300,000 each claim per person
PERSONAL INJURY LIABILITY $300,000 each claim per person
WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY — Statutory
(c) The Certificate of Insurance must be provided to the Tourism Director or his
designee through the online system at the time of application. The GRANTEE shall not
commence promotional or advertising activities which are to be funded pursuant to this
Agreement until the Certificate of Insurance has been received by the COUNTY and the
Agreement is fully executed.
b. CHOICE OF VENDORS AND FAIR DEALING:
(a) GRANTEE may select vendors or subcontractors to provide services as described
in Paragraph One (1).
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(b) COUNTY shall not be responsible for paying vendors and shall not be involved in
the selection of subcontractors or vendors. GRANTEE shall take reasonable measures to assure
the continued satisfactory performance of all vendors and subcontractors.
(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 re -payment if invoices have been paid under this Agreement for unreasonable
expenditures. The reasonableness of the expenditures shall be based on industry standards.
7. INDEMNIFICATION:
GRANTEE shall indemnify and hold harmless Collier County, its agents, officers and
employees from any and all liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the GRANTEE or anyone employed or utilized
by the GRANTEE in the performance of this Agreement. This indemnification obligation shall
not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be
available to an indemnified party or person described in this paragraph,
8. NOTICES:
All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly
served if mailed by registered or certified mail to the GRANTEE at the following address:
Holly Dudley, CEO
Everglades Seafood Festival
22855 SR 29
Jerome, Florida 34141
hollylevin sg ton@ymail.com
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All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly
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served if mailed by registered or certified mail to the COUNTY to:
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John Melleky, Arts and Culture Manager
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Collier County Tourism Department
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2660 N. Horseshoe Drive Suite 105
Naples, Florida 34104
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John.Melleky@colliercountyfl.gov
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The GRANTEE and the COUNTY may change the above mailing address at any time
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upon giving the other party written notification pursuant to this Section. N
9. NO PARTNERSHIP: c
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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, c
or its vendors or subcontractors, as an agent or employee of the COUNTY. o
10. COOPERATION: a
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GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this
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Agreement and shall provide all information and documentation requested by the COUNTY
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from time to time pertaining to the use of any funds provided hereunder. co
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11. TERMINATION: c
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(a) The COUNTY or the GRANTEE may cancel this Agreement with or without
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cause by giving thirty (30) days advance written notice of such termination specifying the effective L
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date of termination. _
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(b) If the COUNTY terminates this Agreement, the COUNTY will pay the E
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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 CD
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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 invoiced within
the term of this Agreement.
13. AVAILABILITY OF FUNDS:
This Agreement is subject to the availability of Tourist Development Tax revenues. If
for any reason tourist tax funds are not available to fund all or part of this Agreement, the
COUNTY may upon written notice, at any time during the term of this agreement, and at its sole
discretion, reduce or eliminate funding under this Agreement.
14. AVAILABILITY OF RECORDS:
GRANTEE shall maintain records, books, documents, papers and financial information
pertaining to work performed under this Agreement in compliance with Florida law. GRANTEE
agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration
of five (5) 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, 2023 and shall remain effective for
one year until September 30, 2024. 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
[04-CMG-00002/ l 790463/11 7 Q
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16.F.4.a
Agreement beyond the one (1) year term in order to complete the Project must be at the express
consent of the Collier County Board of County Commissioners.
The GRANTEE must request any extension of this term in writing at least sixty (60) days
prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this
Agreement to extend the term for an additional ninety (90) days. Amendments shall be in writing
and approved by the Board of County Commissioners,
17. EVALUATION OF TOURISM IMPACT:
GRANTEE shall provide the data in the Final Status Report for the Tourism Department
to determine the Tourism Impact, using industry calculators.
18. REQUIRED NOTATION;
All collateral material and advertisements shall identify Collier County tourism by
displaying the CVB logo with the website URL www.paradisecoast.com or name 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 flax funds are requested.
[04-CMG-00002/ 179046311 ] 8 Q
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16.F.4.a
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
[04-CMG-00002/ 1790463I1 ]
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Chairperson
GRANTEE:
Florida Stone Crabbers Association
BY: dolly DcY tep (Jun 27,201 IU0 EDT)
Holly Dudley
Printed/Typed Name
Director
Printed/Typed Title
9
Q
Cq 0
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1 6.F.4.a
EXHIBIT "A"
FLORIDA STONE CRABBERS ASSOCIATION, INC.
Project Budget
Reimbursable visitor marketing activities,
Total FundW2 — Not to Exceed:
S41,335.00
[04-cnnc-00002/1790463/11 io a
CAO
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1 6.F.4.a
B Marketing —Promotion Agreement - Florida
Stone Crabbers Association, Inc(l)
Final Audit Report 2023-06-27
Created: 2023-06-27
By: John Melleky (John.melleky@colliercountyil,gov)
Status: Signed
Transaction ID: CBJCHBCAASAA2YPPVagQzY-cWRbNux9egK2LRSPnmy90
"B Marketing —Promotion Agreement - Florida Stone Crabbers As
sociation, Inc(1)" History
Document created by John Melleky Qohn.melleky@colliercountyfl.gov)
2023-06-27 - 7:54:06 PM GMT
' Document emailed to seafoodfestboard@gmail.com for signature
2023-06-27 - 7:55:47 PM GMT
Email viewed by seafoodfestboard@gmail.com
2023-06-27 - 8:02:25 PM GMT
Signer seafoodfestboard@gmail.com entered name at signing as Holly Dudley
2023-06-27 - 8:05:07 PM GMT
C) Document e-signed by Holly Dudley (seafoodfestboard@gmail.com)
Signature Date: 2023-06-27 - 8:05:09 PM GMT - Time Source: server
D]
16.F.4.b
2023 TOURISM PROMOTION AGREEMENT BETWEEN
COLLIER COUNTY AND GULFSHORE OPERA INC.
MARKETING AND EVENT GRANT
THIS AGREEMENT is made and entered into this _ day of , 2023,
by and between Gulfshore Opera 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 promote and advertise tourism
within the State of Florida, nationally and internationally which encourages tourism; and
WHEREAS, GRANTEE has applied to the Tourist Development Council and the County
to use Tourist Development Tax to promote the Seasonal Support for 2023-2024 production of
events held in Collier County (hereinafter "the Project"); and
WHEREAS, the Tourist Development Council has made a recommended finding to
approve this funding request and that this expenditure promotes tourism; and
WHEREAS, the Board of County Commissioners ("Board") has approved the funding
request of the GRANTEE, and made a finding that this expenditure promotes tourism.
NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES
PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY
AGREED AS FOLLOWS:
1. SCOPE OF WORK:
[04-CMG-00002i 179Q470J] ] t a
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16.F.4.b
(a) The GRANTEE shall expend the funds for the out -of -County promotion of
GRANTEE'S marketing of the Project, in accordance with the authorized expenditures as set
forth in the Budget, attached hereto as Exhibit "A."
2. PAYMENT:
(a) The amount to be paid under this Agreement shall be a total of Twenty Thousand
Dollars ($20,000). GRANTEE shall be paid in accordance with the fiscal procedures of the
County for the expenditures incurred for the Project upon submittal of a Request for Funds
through the online system 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 "A" shall
constitute authorization for the expenditure[s] described in the invoice[s].
(c) All expenditures shall be made in conformity with this Agreement.
(d) The COUNTY shall not pay GRANTEE until the Clerk's Finance Department
pre -audits all payment invoices in accordance with law.
(e) GRANTEE shall be paid for its actual costs, not to exceed the maximum amount
budgeted pursuant to the attached "Exhibit A."
(f) With a goal to promote overnight visitation, expenditures with print publications,
broadcast, digital, email, and social platforms should be placed in media that runs outside of
[04-CMG-0000211790470/ l 1 2
CRO
Packet Pg. 704
16.F.4.b
Collier County or in media in Collier County that is directed toward tourists. Media that
includes Collier County as part of a regional package can be included. Reimbursement of any
campaigns 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 documentation provided by GRANTEE.]
(g) Services or product must be delivered and paid for by GRANTEE between the
effective dates of this Agreement.
(h) All requests for reimbursement must be received by September 30, 2024 to be
eligible for payment,
3. ELIGIBLE EXPENDITURES:
(a) Only eligible expenditures described in the Project Budget will be paid by
COUNTY.
(b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2023
and September 30, 2024.
(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 in compliance with Florida law after
termination of this Agreement or any extension or renewal thereof.
4. REPORTING REQUIREMENTS:
(a) GRANTEE shall provide a Final Status Report to the County no later than
September 30, 2024. The Final Status Report includes: 1) Analysis of Visitor Survey and
[04-CMG-00002/1790470/11 3
Packet Pg. 705
16.F.4.b
Attendance; 2) Financial Analysis; and 3) Marketing Plan Results, and is subject to review by the
Tourism Director or Designee.
(b) 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,
S. 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 provided to the Tourism Director or his
designee through the online system at the time of application. The GRANTEE shall not
commence promotional or advertising activities which are to be funded pursuant to this
Agreement until the Certificate of Insurance has been received by the COUNTY and the
Agreement is fully executed.
6. CHOICE OF VENDORS AND FAIR DEALING:
(a) GRANTEE may select vendors or subcontractors to provide services as described
in Paragraph One (1).
[04-CMG-000021179047011] 4
Packet Pg. 706
16.F.4.b
(b) COUNTY shall not be responsible for paying vendors and shall not be involved in
the selection of subcontractors or vendors. GRANTEE shall take reasonable measures to assure
the continued satisfactory performance of all vendors and subcontractors.
(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 re -payment if invoices have been paid under this Agreement for unreasonable
expenditures. The reasonableness of the expenditures shall be based on industry standards.
7. INDEMNIFICATION:
GRANTEE shall indemnify and hold harmless Collier County, its agents, officers and
employees from any and all liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the GRANTEE or anyone employed or utilized
by the GRANTEE in the performance of this Agreement. This indemnification obligation shall
not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be
available to an indemnified party or person described in this paragraph.
8. NOTICES:
All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly
served if mailed by registered or certified mail to the GRANTEE at the following address:
Steffanie Pearce, General Director
Gulfshore Opera, Inc.
9911 Corkscrew Road, Suite 105
Estero, Florida 33928
steffan ie@gulfshoreopera. org
[04-CMG-00002/1790470/l] S
Packet Pg. 707
16.F.4.b
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 Me]leky, Arts and Culture Manager
Collier County Tourism Department
2660 N. Horseshoe Drive Suite 105
Naples, Florida 34104
John.Melleky@colliercoun_tyfl.aoy
The GRANTEE and the COUNTY may change the above mailing address at any time
upon giving the other party written notification pursuant to this Section.
9. NO PARTNERSHIP:
Nothing herein contained shall be construed as creating a partnership between the
COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE,
or its vendors or subcontractors, as an agent or employee of the COUNTY.
10. COOPERATION:
GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this
Agreement and shall provide all information and documentation requested by the COUNTY
from time to time pertaining to the use of any funds provided hereunder.
11. TERMINATION:
(a) The COUNTY or the GRANTEE may cancel this Agreement with or without
cause by giving thirty (30) days advance written notice of such termination specifying the effective
date of termination.
(b) If the COUNTY terminates this Agreement, the COUNTY will pay the
GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with
subcontractors and vendors, up to the effective date of the termination so long as such expenses are
eligible.
[04-CMG-000021179047011 ] 6
1 G��
Packet Pg. 708
16.F.4.b
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 invoiced within
the term of this Agreement.
13. AVAILABILITY OF FUNDS:
This Agreement is subject to the availability of Tourist Development Tax revenues. If
for any reason tourist tax funds are not available to fund all or part of this Agreement, the
COUNTY may upon written notice, at any time during the term of this agreement, and at its sole
discretion, reduce or eliminate funding under this Agreement.
14. AVAILABILITY OF RECORDS:
GRANTEE shall maintain records, books, documents, papers and financial information
pertaining to work performed under this Agreement in compliance with Florida law. GRANTEE
agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration
of five (5) 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, 2023 and shall remain effective for
one year until September 30, 2024. 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
[04-cMG-00002/1790470r l ] 7
O
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16.F.4.b
Agreement beyond the one (1) year term in order to complete the Project must be at the express
consent of the Collier County Board of County Commissioners.
The GRANTEE must request any extension of this term in writing at least sixty (60) days
prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this
Agreement to extend the term for an additional ninety (90) days. Amendments shall be in writing
and approved by the Board of County Commissioners.
17. EVALUATION OF TOURISM IMPACT;
GRANTEE shall provide the data in the Final Status Report for the Tourism Department
to determine the Tourism tmpact, using industry calculators.
18. REQUIRED NOTATION -
All collateral material and advertisements shall identify Collier County tourism by
displaying the CVB logo with the website URL www.paradisecoast.com or name 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, govlcoronavirus) 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-0000211790470l11 8 (',A+O
Packet Pg. 710
16.F.4.b
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
Approved as to form and legality:
Colleen M. Greene
Assistant County Attorney
[04-CMG-0000211790470111
GRANTEE:
Gulfshore Opera Inc.
BY:
Steffanie Pearce
Printed/Typed Name
General Director
Printed/Typed Title
9
Chairperson
(AD
Packet Pg. 711
16.F.4.b
EXHIBIT "A"
GULFSHORE OPERA
Project Budget
Reimbursable visitor marketing activities.
Total Funding — Not to Exceed:
$20,000.00
(04-CMG-00002! i 790470/1 ] 10
a
Packet Pg. 712
1 t.F.4.b
B Marketing —Promotion Agreement - Gulfshere
Opera(l)
Final Audit Report 2023-07-14
Created: 2023-07-14
By: John Melleky (John.melleky@colliercountytl.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAvAgICZ5o4g5t4dADWiidg6CSZzhnOviY
T Marketing —Promotion Agreement - Gulfshore Opera(1)" Histo
ry
Document created by John Melleky Qohn.melleky@colliercountyFl.gov)
2023-07-14 - 2:41:33 PM GMT
04 Document emailed to Steffanie Pearce (steffanie@gulfshoreopera.org) for signature
2023-07-14 - 2:42:06 PM GMT
Email viewed by Steffanie Pearce (steffanie@gulfshoreopera.org)
2023-07-14 - 8:10:25 PM GMT
t3, Document e-signed by Steffanie Pearce (steffanie@gulfshoreopera.org)
Signature Date: 2023-07-14 - 9:17:07 PM GMT - Time Source: server
Agreement completed.
2023-07-14 - 9:17:07 PM GMT
a Adobe Acrobat Sign
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16.F.4.c
2023 TOURISM PROMOTION AGREEMENT BETWEEN
COLLIER COUNTY AND UNITED ARTS COUNCIL OF COLLIER COUNTY
MARKETING AND EVENT GRANT
THIS AGREEMENT is made and entered into this day of , 2023,
by and between United Arts Council of Collier County, 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 promote and advertise tourism
within the State of Florida, nationally and internationally which encourages tourism; and
WHEREAS, GRANTEE has applied to the Tourist Development Council and the County
to use Tourist Development Tax to promote arts and culture activities through online and digital
calendars (hereinafter "the Project"); and
WHEREAS, the Tourist Development Council has made a recommended finding to
approve this funding request and that this expenditure promotes tourism; and
WHEREAS, the Board of County Commissioners ("Board") has approved the funding
request of the GRANTEE, and made a finding that this expenditure promotes tourism.
NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES
PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY
AGREED AS FOLLOWS:
1. SCOPE OF WORK:
[04-CMG-00002/179047611] I
nC40
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16.F.4.c
(a) The GRANTEE shall expend the funds for- the out -of -County promotion of
GRANTEE'S marketing of the Project, in accordance with the authorized expenditures as set
forth in the Budget, attached hereto as Exhibit "A,"
2. PAYMENT:
(a) The amount to be paid under this Agreement shall be a total of Thirteen Thousand
Three Hundred Thirteen Dollars ($13,313). GRANTEE shall be paid in accordance with the
fiscal procedures of the County for the expenditures incurred for the Project upon submittal of a
Request for Funds through the online system 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 "A" shall
constitute authorization for the expenditure[s] described in the invoice[s].
(c) All expenditures shall be made in conformity with this Agreement.
(d) The COUNTY shall not pay GRANTEE until the Clerk's Finance Department
pre -audits all payment invoices in accordance with law.
(e) GRANTEE shall be paid for its actual costs, not to exceed the maximum amount
budgeted pursuant to the attached "Exhibit A."
(f) With a goal to promote overnight visitation, expenditures with print publications,
broadcast, digital, email, and social platforms should be placed in media that runs outside of
[04-CMG-00002/1740476/1] 2
Packet Pg. 715
16.F.4.c
Collier County or in media in Collier County that is directed toward tourists. Media that
includes Collier County as part of a regional package can be included. Reimbursement of any
campaigns 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 documentation provided by GRANTEE.]
(g) Services or product must be delivered and paid for by GRANTEE between the
effective dates of this Agreement.
(h) All requests for reimbursement must be received by September 30, 2024 to be
eligible for payment.
3. ELIGIBLE EXPENDITURES:
(a) Only eligible expenditures described in the Project Budget will be paid by
COUNTY.
(b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2023
and September 30, 2024.
(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 in compliance with Florida law after
termination of this Agreement or any extension or renewal thereof.
4. REPORTING REQUIREMENTS:
(a) GRANTEE shall provide a Final Status Report to the County no later than
September 30, 2024. The Final Status Report includes: 1) Analysis of Visitor Survey and
[04-CMG-00002/1790476/11 3 Q
CAO
Packet Pg. 716
16.F.4.c
Attendance; 2) Financial Analysis; and 3) Marketing Plan Results, and is subject to review by the
Tourism Director or Designee.
(b) 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.
5. INSURANCE:
(a) GRANTEE shall submit a Certificate of Insurance naming the Collier County
Board of County Commissioners and the Tourist Development Council as additional insureds.
(b) The certificate of insurance must be valid for the duration of this Agreement, and
be issued by a company licensed in the State of Florida, and provide General Liability Insurance
for no less than the following amounts:
BODILY INJURY LIABILITY $300,000 each claim per person
PROPERTY DAMAGE LIABILITY $300,000 each claim per person
PERSONAL INJURY LIABILITY $300,000 each claim per person
WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY — Statutory
(c) The Certificate of Insurance must be provided to the Tourism Director or his
designee through the online system at the time of application. The GRANTEE shall not
commence promotional or advertising activities which are to be funded pursuant to this
Agreement until the Certificate of Insurance has been received by the COUNTY and the
Agreement is fully executed,
6. CHOICE OF VENDORS AND FAIR DEALING:
(a) GRANTEE may select vendors or subcontractors to provide services as described
in Paragraph One (1).
[04-CMG-00002/1790476/1 ] 4
Packet Pg. 717
16.F.4.c
(b) COUNTY shall not be responsible for paying vendors and shall not be involved in
the selection of subcontractors or vendors. GRANTEE shall take reasonable measures to assure
the continued satisfactory performance of all vendors and subcontractors.
(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 re -payment if invoices have been paid under this Agreement for unreasonable
expenditures. The reasonableness of the expenditures shall be based on industry standards.
7. INDEMNIFICATION:
GRANTEE shall indemnify and hold harmless Collier County, its agents, officers and
employees from any and all liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the GRANTEE or anyone employed or utilized
by the GRANTEE in the performance of this Agreement. This indemnification obligation shall
not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be
available to an indemnified party or person described in this paragraph.
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:
Elysia Dawn, Executive Director
United Arts Council of Collier County
340 Tamiami Trail North, H201
Naples, Florida 34102
Elysia@unitedartscollier.org
t04-CMG-00002/1790476/11 5
Packet Pg. 718
16.F.4.c
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.Mellek colliercount fl. 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. NO PARTNERSHIP:
Nothing herein contained shall be construed as creating a partnership between the
COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE,
or its vendors or subcontractors, as an agent or employee of the COUNTY.
10. COOPERATION:
GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this
Agreement and shall provide all information and documentation requested by the COUNTY
from time to time pertaining to the use of any funds provided hereunder.
11. TERMINATION:
(a) The COUNTY or the GRANTEE may cancel this Agreement with or without
cause by giving thirty (30) days advance written notice of such termination specifying the effective
date of termination.
(b) If the COUNTY terminates this Agreement, the COUNTY will pay the
GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with
subcontractors and vendors, up to the effective date of the termination so long as such expenses are
eligible.
[04-CMG-0000211790476111 6
Q
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16.F.4.c
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 invoiced within
the term of this Agreement.
13. AVAILABILITY OF FUNDS:
This Agreement is subject to the availability of Tourist Development Tax revenues. If
for any reason tourist tax funds are not available to fund all or part of this Agreement, the
COUNTY may upon written notice, at any time during the term of this agreement, and at its sole
discretion, reduce or eliminate funding under this Agreement.
14. AVAILABILITY OF RECORDS:
GRANTEE shall maintain records, books, documents, papers and financial information
pertaining to work performed under this Agreement in compliance with Florida law. GRANTEE
agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration
of five (5) 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, 2023 and shall remain effective for
one year until September 30, 2024. 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
[04-CMG-0000211790476l11
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CAO
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Agreement beyond the one (1) year term in order to complete the Project must be at the express
consent of the Collier County Board of County Commissioners.
The GRANTEE must request any extension of this term in writing at least sixty (60) days
prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this
Agreement to extend the term for an additional ninety (90) days. Amendments shall be in writing
and approved by the Board of County Commissioners.
17, EVALUATION OF TOURISM IMPACT:
GRANTEE shall provide the data in the Final Status Report for the Tourism Department
to determine the Tourism Impact, using industry calculators.
18. REQUIRED NOTATION:
All collateral material and advertisements shall identify Collier County tourism by
displaying the CVB logo with the website URL www,pai-adisecoast.com or name 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-0000211790476/1] 8
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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
Approved as to form and legality:
Colleen M, Greene
Assistant County Attorney
[04-CMG-00002/1790476/1]
M.
Chairperson
GRANTEE:
United Arts Collier
�G y Ala ,�cwn
BY: Cly5YDawn(All 10,202307:24EDT)
Elysia Dawn
Printed/Typed Name
Executive Director
Printed/Typed Title
9
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1 6.F.4.c
EXHIBIT "A"
UNITED ARTS COUNCIL OF COLLIER COUNTY
Project Budget
Promotion of arts and culture activities through online and digital calendars.
Total Funding — Not to Exceed:
$13,313.00
[04-CMG-0000211740476/11 10 Q
c'ADO
Packet Pg. 723
1 6.F.4.c
B Marketin _Prornotlon A( reennent - United Arts
Council of Collier Couni )
Final Audit Report 2023-07-10
Created:
2023-06-27
By:
John Melleky {John.melleky@colliercountyil.gov)
Status:
Signed
Transaction ID:
CBJCHSCAABAANSUuTfG9_8UHGf6eyUjgPPVnHOMNe4F❑
"B Marketing —Promotion Agreement - United Arts Council of Coll
ier County(2)" History
Document created by John Melleky Qohn.melleky@colliercountyfl.gov)
2023-U-27 - 8:03:43 PM GMT
7 Document emailed to elysia@unitedartscollier.org for signature
2023-06-27 - 8:04:12 PM GMT
Email viewed by elysia@unitedartscollier.org
2023-07-10 - 10:32:04 AM GMT
New document URL requested by elysia@unitedartscollier.org
2023-07-10 - 10:32:09 AM GMT
Signer elysia@unitedartscollier.org entered name at signing as Elysia Dawn
2023-07-10 - 11:24:04 AM GMT
l Document e-signed by Elysia Dawn (elysia@unitedartscollier.org)
Signature Date: 2023-07-10 - 11:24:06 AM GMT - Time Source: server
10 Agreement completed.
2023-07-10 - 11:24:06 AM GMT
a Adobe Acrobat Sign
Packet Pg. 724
16.F.4.d
2023 TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND ARTIS--NAPLES, INC.
NON -COUNTY OWNED/OPERATED MUSEUMS
THIS AGREEMENT is made and entered into this_. day of _ , 2023,
by and between Artis--Naples, Inc., a Florida not -for -profit corporation, hereinafter referred to as
"GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter
referred to as "COUNTY."
WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred
to as "Plan") funded by proceeds from the Tourist Development Tax; and
WHEREAS, the Collier County Tourism Ordinance provides that certain of the revenues
generated by the Tourist Development Tax are to be allocated to acquire, construct, extend,
enlarge, remodel, repair, improve, maintain, operate or promote museums owned and operated
by not -for -profit organizations and open to the public; and
WHEREAS, GRANTEE has applied to the Tourist Development Council and the County
to use Tourist Development Tax funds for GRANTEE'S exhibit/production fees and marketing
expenses to promote exhibits and festivals using out -of -market advertising to attract overnight
visitors to Collier County for 2023-24 Season Support for events including the Naples
International Film Festival and the Gershwin and Modern Art: Rhapsody in Blue (hereinafter
"the Project"); and
WHEREAS, the Tourist Development Council has recommended funding for
GRANTEE'S exhibit/production fees and out -of -market advertising expenditures for the
promotion of the Project, and has made a finding that this expenditure promotes tourism; and
Gp,O
104-CMG •00002/ ] 790095/ l J
1
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16.F.4.d
WHEREAS, the Board of County Commissioners ("Board") has made a finding that
GRANTEE qualifies as a museum, approves the proposed Project expenditures, and finds that
the Project expenditure promotes tourism.
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 "A," the GRANTEE shall expend the funds for the out of County
promotion of GRANTEE'S marketing of the Project.
2. PAYMENT:
(a) The amount to be paid under this Agreement shall be a total of One Hundred
Twenty Thousand Dollars ($120,000). 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 online application 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 "A" shall
constitute authorization for the expenditure[s] described in the invoice[s].
[04-CNIG-00002/1790093/11 2
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16.F.4.d
(c) All expenditures shall be made in conformity with this Agreement.
(d) The COUNTY shall not pay GRANTEE until the Clerk's Finance Department
v
pre -audits all payment invoices in accordance with law. c
N
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(c) GRANTEE shall be paid for its actual costs, not to exceed the maximum amount c
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budgeted pursuant to the attached "Exhibit A." L
0
N
(f) With a goal to promote overnight visitation, expenditures with print publications, _
d
E
broadcast, digital, email, and social platforms should be placed in media that runs outside of' i
a�
Collier County or in media in Collier County that is directed toward tourists. Media that =
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includes Collier County as part of a regional package can be included. Reimbursement of any
0
campaigns will be reimbursed up to the percentage of distribution outside of Collier County.
CD
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[Distribution percentages for outside of Collier County media and promotional materials will be N
based on documentation provided by GRANTEE.] _
.y
(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 GRAN"ITEE between the
effective dates of this Agreement.
(i) All requests for reimbursement must be received by September 30, 2024 to be
eligible for payment.
3. ELIGIBLE EXPENDITURES;
(a) Only eligible expenditures described in the Project Budget will be paid by
COUNTY.
(b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2023
and September 30, 2024.
4 04-CMG-00002l1790093A 1 3
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16.F.4.d
(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 in compliance with Florida law 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 provided to the Tourism Director or his
designee through the online system at the time of application. 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 a Final Status Report to County through the online
system no later that September 20, 2024. The Final Status Report includes: 1) Analysis of
^�0
ton -CMG -00002n 790093i 1 1 4
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16.F.4.d
Visitor Survey and Attendance; 2) Financial Analysis; and 3) Marketing Plan Results, and is
subject to review by the Tourism Director or Designee.
(b) COUNTY may withhold any payments for failure of GRANTEE, to provide the
Final Status Report and until the County receives the Final Status Report.
6. CHOICE OF VENDORS AND PAIR DEALING:
(a) GRANTEE may select vendors or subcontractors to provide services as described
in Paragraph One (1).
(b) GRANTEE shall take reasonable measures to assure the continued satisfactory
performance of all vendors and subcontractors. 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 re -payment if invoices have been paid under this Agreement for unreasonable
expenditures. The reasonableness of the expenditures shall be based on industry standards,
T INDEMNIFICATION:
GRANTEE shall indemnify and hold harmless Collier County, its agents.. officers and
employees from any and all liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the GRANTEE or anyone employed or utilized
by the GRANTEE in the performance of this Agreement. This indemnification obligation shall
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16.F.4.d
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.
& NOTICES:
All notices from the COUNTY to the GRANTEE shall be in writing and deerned duly
served if mailed by registered or certified mail to the GRANTEE at the following address:
SYA�
Kathleen valAergen, CEO and President
Artis--Naples, Inc.
5833 Pelican Bay Boulevard
Naples, Florida 34108
Kvanyergen@artisnaples.org
S
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
.Iohn.Melleky cr,colliercountyfl.g_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. NO PARTNERSHIP:
Nothing herein contained shall be construed as creating a partnership between the
COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE,
or its vendors or subcontractors, as an agent or employee of the COUNTY.
10. COOPERATION:
GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this
Agreement and shall provide all information and documentation requested by the COUNTY
from time to time pertaining to the use of any funds provided hereunder.
C40
104-CMG-00002/1790093/11 6 ,
Packet Pg. 730
16.F.4.d
I1. 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 N
N
date of termination. N
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(b) if the COUNTY terminates this Agreement, the COUNTY will pay the
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GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with
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subcontractors and vendors, up to the effective date of the termination so long as such expenses are
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12, GENERAL ACCOUNTING: c�
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GRANTEE is required to maintain complete and accurate accounting; records. All
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revenue related to the Agreement must be recorded, and all expenditures must be invoiced within CM
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the term of this Agreement. d
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13. AVAILABILITY OF FUNDS: T
This Agreement is subject to the availability of Tourist Development Tax revenues. 117
for any reason tourist tax funds are not available to fund all or part of this Agreement, the
COUNTY may upon written notice, at any time during the term of this agreement, and at its sole
discretion, reduce or eliminate funding under this agreement.
14, AVAILABILITY OF RECORDS:
GRANTEE shall maintain records, books, documents, papers and financial information
pertaining to work performed under this Agreement in compliance with Florida law. GRANTEE
agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration
of five (5) years after final payment colder this Agreement, have access to, and the right to examine
104-CMG-0000211790093/ 11 7
Packet Pg. 7 1771
16.F.4.d
and photocopy any pertinent books, documents, papers, and records of GRANTI`-?E 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, 2023 and shall remain effective for
one year until September 30, 2024, If the project is not completed within the term of this
Agreement, all unreleased funds shall be retained by the COUNTY, Any extension of this
Agreement beyond the one (1) year term in order to complete the Project must be at the express
consent of the Collier County Board of County Commissioners,
The GRANTEE must request any extension of this term in writing at least sixty (60) days
prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this
Agreement to extend the term for an additional ninety (90) days. Amendments shall be in writing
and approved by the Board of County Commissioners.
17, EVALUATION OF TOURISM IMPACT:
GRANTEE shall provide the data in the Final Status Report for the Tourism Department
to determine the Tourism Impact, using industry calculators.
I & REQUIRED NOTATION:
All collateral material and advertisements shall identify Collier County tourism by
displaying the CVB logo with the website URL www. paradise coast. corn or name to qualify for
reimbursement.
19. COVID-19 REQUIREMENTS:
C�40
J04-CMG-000021179009311I 8
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16.F.4.d
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/coronavir(Ls} 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.
04-CMG-00002/1790091! 1 ] 9 G'IQ0
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16.F.4.d
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 COUN'FY; FI.,ORIDA
MI
Chairperson
Approved as to form and legality:
Colleen M. Greene
Assistant County Attorney
GRANTEE:
BY:
� j
Printed/Typed Name
co
Printed/Typed Title
104-CM0-0000211790093/11 10
Packet Pg. 7 47
16.F.4.d
AKTZS-NAPLL' S
EXHIBIT "A"
Project Budget
Eligible exhibit costs, production costs, turd reimbursable visitor marketing activities,
Total Funding --- Not to Exceed:
S120,0m.00
m
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CRO
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16.F.4.e
2023 TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND GOLISANO CHILDREN'S MUSEUM OF NAPLES
NON -COUNTY OWNED/OPERATED MUSEUMS
THIS AGREEMENT is made and entered into this _ day of , 2023,
by and between Golisano Children's Museum of Naples, 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 -far -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/production fees and marketing
expenses to promote exhibits and festivals using out -of -market advertising to attract overnight
visitors to Collier County for Seasonal Support for Traveling Exhibits 2023-2024 (hereinafter
"the Project"); and
WHEREAS, the Tourist Development Council has recommended funding for
GRANTEE'S exhibit/production 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, approves the proposed Project expenditures, and finds that
the Project expenditure promotes tourism.
[04-CMG-00002/1790097/1] 1
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16.F.4.e
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 "A," the GRANTEE shall expend the funds for the out of County
promotion of GRANTEE'S marketing of the Project,
2. PAYMENT:
(a) The amount to be paid under this Agreement shall be a total of Ninety Thousand
Dollars ($90,000). 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 online application 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 "A" shall
constitute authorization for the expenditure[s] described in the invoiee[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-0000211790097l11 2
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16.F.4.e
(e) GRANTEE shall be paid for its actual costs, not to exceed the maximum amount
budgeted pursuant to the attached "Exhibit A."
(f) With a goal to promote overnight visitation, expenditures with print publications,
broadcast, digital, email, and social platforms should be placed in media that runs outside of
Collier County or in media in Collier County that is directed toward tourists. Media that
includes Collier County as part of a regional package can be included. Reimbursement of any
campaigns 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 documentation provided by GRANTEE.]
(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, 2024 to be
eligible for payment.
3. ELIGIBLE EXPENDITURES:
(a) Only eligible expenditures described in the Project Budget will be paid by
COUNTY.
(b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2023
and September 30, 2024.
(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-00002/1790097/11 3 (c,
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16.F.4.e
(d) COUNTY may request repayment of funds in compliance with Florida law 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 provided to the Tourism Director or his
designee through the online system at the time of application. 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 a Final Status Report to County through the online
system no later that September 20, 2024. The Final Status Report includes: 1) Analysis of
Visitor Survey and Attendance; 2) Financial Analysis; and 3) Marketing Plan Results, and is
subject to review by the Tourism Director or Designee,
[04-CMG-00002/1790097/1 ] 4
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16.F.4.e
(b) COUNTY may withhold any payments for failure of GRANTEE to provide the
Final Status Report and until the County receives the Final Status Report.
6. CHOICE OF VENDORS AND FAIR DEALING:
(a) GRANTEE may select vendors or subcontractors to provide services as described
in Paragraph One (1).
(b) GRANTEE shall take reasonable measures to assure the continued satisfactory
performance of all vendors and subcontractors. 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 re -payment if invoices have been paid under this Agreement for unreasonable
expenditures. The reasonableness of the expenditures shall be based on industry standards.
7. INDEMNIFICATION:
GRANTEE shall indemnify and hold harmless Collier County, its agents, officers and
employees from any and all liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the GRANTEE or anyone employed or utilized
by the GRANTEE in the performance of this Agreement. This indemnification obligation shall
not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be
available to an indemnified party or person described in this paragraph,
8. NOTICES:
[04-CMG-0000211790097/1 5
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16.F.4.e
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;
Jonathan Foerster, CEO
Golisano Children's Museum of Naples
15080 Livingston Road
Naples, Florida 34109
ifoerster@cmon.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.Mellek a,colliercountyfl zov
The GRANTEE and the COUNTY may change the above mailing address at any time
upon giving the other party written notification pursuant to this Section.
9. NO PARTNERSHIP:
Nothing herein contained shall be construed as creating a partnership between the
COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE,
or its vendors or subcontractors, as an agent or employee of the COUNTY.
10. COOPERATION:
GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this
Agreement and shall provide all information and documentation requested by the COUNTY
from time to time pertaining to the use of any funds provided hereunder.
11. TERMINATION:
[04-CMG-0000211790097111 6
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16.F.4.e
(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 invoiced 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 pail of this Agreement, the
COUNTY may upon written notice, at any time during the term of this agreement, and at its sole
discretion, reduce or eliminate funding under this agreement,
14. AVAILABILITY OF RECORDS:
GRANTEE shall maintain records, books, documents, papers and financial information
pertaining to work performed under this Agreement in compliance with Florida law. GRANTEE
agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration
of five (5) years after final payment under this Agreement, have access to, and the right to examine
and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any
transactions related to this Agreement.
[04-CMG-00002/1790097/11 7
Packet Pg. 742
16.F.4.e
1 S. PROHIBITION OF ASSIGNMENT:
GRANTEE shall not assign, convey, or transfer in whole or in paid its interest in this
Agreement without the prior written consent of the COUNTY.
16. TERM:
This Agreement shall become effective on October 1, 2023 and shall remain effective for
one year until September 30, 2024. If the project is not completed within the term of this
Agreement, all unreleased funds shall be retained by the COUNTY. Any extension of this
Agreement beyond the one (1) year term in order to complete the Project must be at the express
consent of the Collier County Board of County Commissioners.
The GRANTEE must request any extension of this term in writing at least sixty (60) days
prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this
Agreement to extend the term for an additional ninety (90) days. Amendments shall be in writing
and approved by the Board of County Commissioners.
17. EVALUATION OF TOURISM IMPACT:
GRANTEE shall provide the data in the Final Status Report for the Tourism Department
to determine the Tourism Impact, using industry calculators.
18. RE UIRED NOTATION:
All collateral material and advertisements shall identify Collier County tourism by
displaying the CVB logo with the website URL www.para_disecoast.com or name 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
[04-CMG-00002/1790097/11 8
Packet Pg. 743
1 6.F.4.e
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.
C04-cMc-oo002/1790097r11
A
Packet Pg. 744
1 6.F.4.e
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
Approved as to form and legality:
Colleen M. Greene
Assistant County Attorney
[04-CMG-00002/1790097/11
Chairperson
GRANTEE:
Golisano Children's Museum of Naples
(]ondman -f-oeystey
BY: Jonathan Foerster (Jun 29, 702312:05 EDT)
Jonathan Foerster
Printed/Typed Name
CEO
Printed/Typed Title
to
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Packet Pg. 745
1 6.F.4.e
GOLISANO CHILDREN'S MUSEUM OF NAPLES (C'MON)
EXHIBIT "A"
Project Budget
Eligible exhibit costs and reimbursable visitor marketing activities,
Total Funding -- Not to Exceed:
$90,000.00
a�
[04-CMG-60002/174009711 ] I V
GAS
Packet Pg. 746
1 6.F.4.e
C2 Museums Agreement - Golisano C%irdrin's
Museurn of Naples(l) resignature needed
Final Audit Report 2023-06-29
Created: 2023-06-29
By: John Melleky (John.melleky@colliercountyFl.gov)
Status: Signed
Transaction ID: CBJCHBCAABAApq-4EDCTonMeVJ1KG-BVA6doC-yGpAj-
"C2 Museums Agreement - Golisano Chirdren's Museum of Nap]
es(1) resignature needed" History
5 Document created by John Melleky (John.melleky@colliercountyfl.gov)
2023-06-29 - 4:01:05 PM GMT
"�. Document emailed to Jonathan Foerster Qfoerster@cmon.org) for signature
2023-06-29 - 4:01:36 PM GMT
Email viewed by Jonathan Foerster Qfoerster@cmon.org)
2023-06-29 - 4:05;31 PM GMT
&o Document e-signed by Jonathan Foerster afoerster@cmon.org)
Signature Date: 2023-06-29 - 4:05:58 PM GMT - Time Source: server
Agreement completed.
2023-06-29 - 4:05:58 PM GMT
Adobe Acrobat Sign GNO
Packet Pg. 747 1
16. F.4.f
2023 TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND GULFSHORE PLAYHOUSE, INC.
NON -COUNTY OWNED/OPERATED MUSEUMS
THIS AGREEMENT is made and entered into this day of 32023,
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 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/production fees and marketing
expenses to promote exhibits and festivals using out -of -market advertising to attract overnight
visitors to Collier County for A Toast to the Future: 2023-2024 Gulfshore Playhouse Season
(hereinafter "the Project"); and
WHEREAS, the Tourist Development Council has recommended funding for
GRANTEE'S exhibit/production 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, approves the proposed Project expenditures, and finds that
the Project expenditure promotes tourism.
[04-CMG-00002/ 1790098/ 1 ]
° ; 'a 1n
Packet Pg. 748
16. F.4.f
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 "A," the GRANTEE shall expend the funds for the out of County
promotion of GRANTEE'S marketing of the Project.
2. PAYMENT:
(a) The amount to be paid under this Agreement shall be a total of Eighty-five
Thousand Dollars ($85,000). 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 online application 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 "A" 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.
[N-CMG-0000211790098l1 ] 2
FAO
Packet Pg. 749
16. F.4.f
(e) GRANTEE shall be paid for its actual costs, not to exceed the maximum amount
budgeted pursuant to the attached "Exhibit A."
(f) With a goal to promote overnight visitation, expenditures with print publications,
broadcast, digital, email, and social platforms should be placed in media that runs outside of
Collier County or in media in Collier County that is directed toward tourists. Media that
includes Collier County as part of a regional package can be included. Reimbursement of any
campaigns 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 documentation provided by GRANTEE.]
(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, 2024 to be
eligible for payment.
3. ELIGIBLE EXPENDITURES:
(a) Only eligible expenditures described in the Project Budget will be paid by
COUNTY.
(b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2023
and September 30, 2024.
(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-00002l1790098/1] 3
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Packet Pg. 750
16. F.4.f
(d) COUNTY may request repayment of funds in compliance with Florida law 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 provided to the Tourism Director or his
designee through the online system at the time of application. 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.
S. REPORTING REQUIREMENTS:
(a) GRANTEE shall provide a Final Status Report to County through the online
system no later that September 20, 2024. The Final Status Report includes: 1) Analysis of
Visitor Survey and Attendance; 2) Financial Analysis; and 3) Marketing Plan Results, and is
subject to review by the Tourism Director or Designee.
[04-CMG-000021 i 79QQ98/1 ] 4
cp®
Packet Pg. 751
16. F.4.f
(b) COUNTY may withhold any payments for failure of GRANTEE to provide the
Final Status Report and until the County receives the Final Status Report.
6. CHOICE OF VENDORS AND FAIR DEALING:
(a) GRANTEE may select vendors or subcontractors to provide services as described
in Paragraph One (1).
(b) GRANTEE shall take reasonable measures to assure the continued satisfactory
performance of all vendors and subcontractors. 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 re -payment if invoices have been paid under this Agreement for unreasonable
expenditures. The reasonableness of the expenditures shall be based on industry standards.
7. INDEMNIFICATION:
GRANTEE shall indemnify and hold harmless Collier County, its agents, officers and
employees from any and all liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the GRANTEE or anyone employed or utilized
by the GRANTEE in the performance of this Agreement. This indemnification obligation shall
not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be
available to an indemnified party or person described in this paragraph.
S. NOTICES:
[04-CMG-0000211790098/11 5
C'Qr?
Packet Pg. 752
16. F.4.f
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:
Kristen Coury, CEO and Producing Artistic Director
Gulfshore Playhouse
2640 Golden Gate Pkwy, Ste 211
Naples, Florida 34105
kcour ulfshore la house.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. Mellek colIiercount fl. 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. NO PARTNERSHIP:
Nothing herein contained shall be construed as creating a partnership between the
COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE,
or its vendors or subcontractors, as an agent or employee of the COUNTY.
10, COOPERATION:
GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this
Agreement and shall provide all information and documentation requested by the COUNTY
from time to time pertaining to the use of any funds provided hereunder.
11. TERMINATION:
[04-CMG-0000211790098/11 6
Packet Pg. 753
16. F.4.f
(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 invoiced within
the term of this Agreement.
13. AVAILABILITY OF FUNDS:
This Agreement is subject to the availability of Tourist Development Tax revenues. if
for any reason tourist tax funds are not available to fund all or part of this Agreement, the
COUNTY may upon written notice, at any time during the term of this agreement, and at its sole
discretion, reduce or eliminate funding under this agreement.
14. AVAILABILITY OF RECORDS:
GRANTEE shall maintain records, books, documents, papers and financial information
pertaining to work performed under this Agreement in compliance with Florida law. GRANTEE
agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration
of five (5) years after final payment under this Agreement, have access to, and the right to examine
and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any
transactions related to this Agreement.
[04-CMG-0000211790098!11
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16. F.4.f
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, 2023 and shall remain effective for
one year until September 30, 2024. If the project is not completed within the term of this
Agreement, all unreleased funds shall be retained by the COUNTY. Any extension of this
Agreement beyond the one (1) year term in order to complete the Project must be at the express
consent of the Collier County Board of County Commissioners,
The GRANTEE must request any extension of this term in writing at least sixty (60) days
prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this
Agreement to extend the term for an additional ninety (90) days. Amendments shall be in writing
and approved by the Board of County Commissioners.
17. EVALUATION OF TOURISM IMPACT:
GRANTEE shall provide the data in the Final Status Report for the Tourism Department
to determine the Tourism Impact, using industry calculators.
18. REQUIRED NOTATION. -
All collateral material and advertisements shall identify Collier County tourism by
displaying the CVB logo with the website URL www.paradisecoast.com or name 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
[04-CMG-0000211790098/ 11 8
Packet Pg. 755
16.F.4.f
Centers for Disease Control and Prevention (CDC.govlcoronavirus) 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 malting 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-000021179009811] 9
(CA 0
Packet Pg. 756
16. F.4.f
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
Approved as to form and legality:
Colleen M, Greene
Assistant County Attorney
Chairperson
GRANTEE:
Gulsfhore Plavhouse
kn'ke'n
BY: Kristen Coury (Jul 10, 2023 4:49 M-0
Kristen Coury
Printed/Typed Name
CEO/President
Printed/Typed Title
[04-CMG-00002/ 1790098/t 1 10
Packet Pg. 757
16.F.4.f
GULFSHORE PLAYHOUSE
EXHIBIT "A"
Project Budget
Eligible production costs and reimbursable visitor marketing activities.
Total Funding — Not to Exceed:
$85,000.00
[04-CMG-0000211790098/11 l]
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Packet Pg. 758
16.F.4.f
C2 Muserns Agreement - Gulfshore
Playhouse(l) digital signature Deeded
Final Audit Report 2023-07-10
Created: 2023-07-10
By: John Melleky Qohn.melleky@colliercountyfl.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAII—sXq_gVxFnCu6QVgLR-FXMpUbv9UT5
T2 Museums Agreement - Gulfshore Playhouse(1) digital signs
ture needed" History
Document created by John Melieky {John.melleky@colliercountyfl.gov)
2023-07-10 - 5:42:36 PM GMT
-'' Document emailed to kcoury@gulfshereplayhouse.org for signature
2023-07-10 - 5:43:05 PM GMT
5 Email viewed by kcoury@gulfshoreplayhouse.org
2023-07-10 - 6:47:55 PM GMT
Signer kcoury@gulfshoreplayhouse.org entered name at signing as Kristen Coury
2023-07-10 - 6:49:05 PM GMT
6j�; Document e-signed by Kristen Coury (kcoury@gulfshoreplayhouse.org)
Signature Date: 2023-07-10 - 6:49:07 PM GMT - Time Source: servor
Agreement completed.
2023-07-10 - 6:49:07 PM GMT
rt. Adobe Acrobat Sign
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16.F.4.g
2023 TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND ART LEAGUE OF MARCO ISLAND, INC.
NON -COUNTY OWNED/OPERATED MUSEUMS
THIS AGREEMENT is made and entered into this _ day of , 2023,
by and between Art League of Marco Island, Inc. d/b/a Marco Island Center for the Arts, 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/production fees and marketing
expenses to promote exhibits and festivals using out -of -market advertising to attract overnight
visitors to Collier County for Marco Island Center for the Arts Season Support for Performance,
Production and Marketing 2023-2024 (hereinafter "the Project"); and
WHEREAS, the Tourist Development Council has recommended funding for
GRANTEE'S exhibit/production 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, approves the proposed Project expenditures, and finds that the
Project expenditure promotes tourism.
[04-CMG-00002/1790109111 1
nGAO
Packet Pg. 7 0771
16.F.4.g
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 "A," the GRANTEE shall expend the funds for the out of County promotion of
GRANTEE'S marketing of the Project.
2. PAYMENT;
(a) The amount to be paid under this Agreement shall be a total of Forty Thousand
Dollars ($40,000). 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 online application 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 "A" 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/] 740109/1 ] 2
(�AC1 j
Packet Pg. 761
16.F.4.g
(e) GRANTEE shall be paid for its actual costs, not to exceed the maximum amount
budgeted pursuant to the attached "Exhibit A."
(f) With a goal to promote overnight visitation, expenditures with print publications,
broadcast, digital, email, and social platforms should be placed in media that runs outside of Collier
County or in media in Collier County that is directed toward tourists. Media that includes Collier
County as part of a regional package can be included. Reimbursement of any campaigns 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
documentation provided by GRANTEE.]
(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, 2024 to be
eligible for payment.
3. ELIGIBLE EXPENDITURES:
(a) Only eligible expenditures described in the Project Budget will be paid by
COUNTY.
(b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2023
and September 30, 2024.
(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-ctutc-0000211790109n1 a
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Packet Pg. 762
16.F.4.g
(d) COUNTY may request repayment of funds in compliance with Florida law 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 provided to the Tourism Director or his
designee through the online system at the time of application. 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 a Final Status Report to County through the online system
no later that September 20, 2024. The Final Status Report includes: 1) Analysis of Visitor Survey
and Attendance; 2) Financial Analysis; and 3) Marketing Plan Results, and is subject to review by
the Tourism Director or Designee.
(b) COUNTY may withhold any payments for failure of GRANTEE to provide the
Final Status Report and until the County receives the Final Status Report.
[04-cMc-00002/1790l a9r 11 a ocplo�
Packet Pg. 763
16.F.4.g
6. CHOICE OF VENDORS AND FAIR DEALING:
(a) GRANTEE may select vendors or subcontractors to provide services as described
in Paragraph One (1).
(b) GRANTEE shall take reasonable measures to assure the continued satisfactory
performance of all vendors and subcontractors. 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 re -payment if invoices have been paid under this Agreement for unreasonable
expenditures. The reasonableness of the expenditures shall be based on industry standards.
7. INDEMNIFICATION:
GRANTEE shall indemnify and hold harmless Collier County, its agents, officers and
employees from any and all liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness,
or intentionally wrongful conduct of the GRANTEE or anyone employed or utilized by the
GRANTEE in the performance of this Agreement. This indemnification obligation shall not be
construed to negate, abridge or reduce any other rights or remedies which otherwise may be
available to an indemnified party or person described in this paragraph.
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:
[04-CMG-00002I1790109/ l 1 5
Packet Pg. 764
16.F.4.g
Hyla Crane, Executive Director
Marco Island Center for the Arts
1010 Winterberry Drive
Marco Island, Florida 34145-5427
hyla@marcoislandart.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.Mellcky@colliercountyfl.gov
The GRANTEE and the COUNTY may change the above mailing address at any time upon
giving the other party written notification pursuant to this Section.
9. NO PARTNERSHIP:
Nothing herein contained shall be construed as creating a partnership between the
COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE,
or its vendors or subcontractors, as an agent or employee of the COUNTY.
10, COOPERATION:
GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this
Agreement and shall provide all information and documentation requested by the COUNTY from
time to time pertaining to the use of any funds provided hereunder.
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.
[04-CMG-0000211790109111 6
(0—A0)
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(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 invoiced within the term
of this Agreement.
13. AVAILABILITY OF FUNDS:
This Agreement is subject to the availability of Tourist Development Tax revenues. If for
any reason tourist tax funds are not available to fund all or part of this Agreement, the COUNTY
may upon written notice, at any time during the term of this agreement, and at its sole discretion,
reduce or eliminate funding under this agreement.
14. AVAILABILITY OF RECORDS:
GRANTEE shall maintain records, books, documents, papers and financial information
pertaining to work performed under this Agreement in compliance with Florida law. GRANTEE
agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of
five (5) 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:
boa-cMG-aoaozn 790 i a9n 1 7
0010
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This Agreement shall become effective on October 1, 2023 and shall remain effective for
one year until September 30, 2024. If the project is not completed within the term of this Agreement,
all unreleased funds shall be retained by the COUNTY. Any extension of this Agreement beyond
the one (1) year term in order to complete the Project must be at the express consent of the Collier
County Board of County Commissioners.
The GRANTEE must request any extension of this term in writing at least sixty (60) days
prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this
Agreement to extend the term for an additional ninety (90) days. Amendments shall be in writing
and approved by the Board of County Commissioners.
17. EVALUATION OF TOURISM IMPACT:
GRANTEE shall provide the data in the Final Status Report for the Tourism Department
to determine the Tourism Impact, using industry calculators.
18. REQUIRED NOTATION:
All collateral material and advertisements shall identify Collier County tourism by
displaying the CVB logo with the website URL www.paradisecoast.com or name 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.
[04-CMG-00002/1790109111 8
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16.F.4.g
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.
[00.-CMG-000021 k 790109! l ] 9
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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
Approved as to form and legality:
Colleen M. Greene
Assistant County Attorney
[04-cMc-000021179010911 ]
Chairperson
GRANTEE:
Art league of Marco Island Inc dba Marco Island center for the Arts
BY: e�A C-.
Hyla Crane
Printed/Typed Name
Executive Director
Printed/Typed Title
to
CAO'
Packet Pg. 769
16.F.4.g
EXHIBIT "A"
Marco Island Center for the Arts
Project Budget
Eligible exhibit costs, production expenses, and reimbursable visitor marketing activities.
Total Funding — Not to Exceed:
$40,000.00
[04-CMG-00002/1790109/11 ! 1 OCAO
Packet Pg. 770
16.F.4.g
C0 Mum --,,,urns Agr :�wna it ® A,--iirc.: Center
for the Arts(l)
Final Audit Report 2023-07-18
Created: 2023-07-18
By: ,John Melleky (John.melleky@colliercounlyfi.govj
Status: Signed
Transaction ID: CBJCHBCAABAAomsjPJYG_g7SN(GXTPIkow8lb4DzXWKw
"C2 Museums Agreement - Marco Island Center for the Arts(i) if
History
L) Document created by John Melleky (John.melleky@colliercountyfl.gov)
2023-07-18 - 12:54:36 PM GMT
-4. Document emailed to Hyla Crane (hyla@marcoislandart.org) for signature
2023-07A8 - 12:55:15 PM GMT
Email viewed by Hyla Crane (hyla@marcoislandart.org)
2023-07-18 - 2:01:57 PM GMT
Ao Document e-signed by Hyla Crane (hyla@marcoislandart.org)
Signature Date: 2023-07-18 - 2:05:12 PM GMT - Time Source: server
Agreement completed.
2023-07-18 - 2:05:12 PM GMT
Adobe Acrobat Sign a
Packet Pg. 771 1
16.F.4.h
2023 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 , 2023,
by and between Naples Art Association, Inc., a Florida not -far -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/production fees and marketing
expenses to promote exhibits and festivals using out -of -market advertising to attract overnight
visitors to Collier County for 2023-2024 Seasonal Support: Exhibitions and Weaving
Narratives: A Creative Placemaking Project (hereinafter "the Project"); and
WHEREAS, the Tourist Development Council has recommended funding for
GRANTEE'S exhibit/production 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, approves the proposed Project expenditures, and finds that
the Project expenditure promotes tourism.
too-CMG-00002n79o114n> > 0010
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16.F.4.h
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 "A," the GRANTEE shall expend the funds for the out of County
promotion of GRANTEE'S marketing of the Project.
2. PAYMENT:
(a) The amount to be paid under this Agreement shall be a total of One Hundred
Thousand Dollars ($100,000). GRANTEE shall be paid in accordance with 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 online application 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 "A" 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-00002l179011411] 2
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Ap
Packet Pg. 773
16.F.4.h
(e) GRANTEE shall be paid for its actual costs, not to exceed the maximum amount
budgeted pursuant to the attached `Exhibit A."
(0 With a goal to promote overnight visitation, expenditures with print publications,
broadcast, digital, email, and social platforms should be placed in media that runs outside of
Collier County or in media in Collier County that is directed toward tourists. Media that
includes Collier County as part of a regional package can be included. Reimbursement of any
campaigns 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 documentation provided by GRANTEE.]
(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, 2024 to be
eligible for payment.
3. ELIGIBLE EXPENDITURES:
(a) Only eligible expenditures described in the Project Budget will be paid by
COUNTY.
(b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2023
and September 30, 2024.
(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-00002/1790114/1} 3
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(d) COUNTY may request repayment of funds in compliance with Florida law after
N
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termination of this Agreement or any extension or renewal thereof. M
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4. INSURANCE:
L
(a) GRANTEE shall submit a Certificate of Insurance naming the Collier County
N
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Board of County Commissioners and the Tourist Development Council as additional insureds. E
d
a)
(b) The certificate of insurance must be valid for the duration of this Agreement, and Q
be issued by a company licensed in the State of Florida, and provide General Liability Insurance L
for no less than the following amounts: o
BODILY INJURY LIABILITY $300,000 each claim per person N
co
N
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 provided to the Tourism Director or his
designee through the online system at the time of application. 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 a Final Status Report to County through the online
system no later that September 20, 2024. The Final Status Report includes: 1) Analysis of
Visitor Survey and Attendance; 2) Financial Analysis; and 3) Marketing Plan Results, and is
subject to review by the Tourism Director or Designee.
[04-CMG-40002/1790114111 4
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Packet Pg. 775
16.F.4.h
(b) COUNTY may withhold any payments for failure of GRANTEE to provide the
Final Status Report and until the County receives the Final Status Report.
6. CHOICE OF VENDORS AND FAIR DEALING:
(a) GRANTEE may select vendors or subcontractors to provide services as described
in Paragraph One (1).
(b) GRANTEE shall take reasonable measures to assure the continued satisfactory
performance of all vendors and subcontractors. 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 re -payment if invoices have been paid under this Agreement for unreasonable
expenditures. The reasonableness of the expenditures shall be based on industry standards.
7. INDEMNIFICATION:
GRANTEE shall indemnify and hold harmless Collier County, its agents, officers and
employees from any and all liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the GRANTEE or anyone employed or utilized
by the GRANTEE in the performance of this Agreement. This indemnification obligation shall
not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be
available to an indemnified party or person described in this paragraph.
8. NOTICES:
t04-cMc-00002n7401cant s
nCAO
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16.F.4.h
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 & Chief Curator
Naples Art Association, Inc.
585 Park Street
Naples, Florida 34102-6611
Frank.verpootten@naplesart.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.Mellekygco lliercountyfl.goy
The GRANTEE and the COUNTY may change the above mailing address at any time
upon giving the other party written notification pursuant to this Section.
9. NO PARTNERSHIP:
Nothing herein contained shall be construed as creating a partnership between the
COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE,
or its vendors or subcontractors, as an agent or employee of the COUNTY.
10, COOPERATION:
GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this
Agreement and shall provide all information and documentation requested by the COUNTY
from time to time pertaining to the use of any funds provided hereunder.
11. TERMINATION:
[04-CMG-00002M90114l11 6
('C A O
Packet Pg. 777
16.F.4.h
(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 invoiced within
the term of this Agreement.
13. AVAILABILITY OF FUNDS:
This Agreement is subject to the availability of Tourist Development Tax revenues. If
for any reason tourist tax funds are not available to fund all or part of this Agreement, the
COUNTY may upon written notice, at any time during the term of this agreement, and at its sole
discretion, reduce or eliminate funding under this agreement.
14. AVAILABILITY OF RECORDS:
GRANTEE shall maintain records, books, documents, papers and financial information
pertaining to work performed under this Agreement in compliance with Florida law. GRANTEE
agrees that the COUNTY, or any of its duty authorized representatives, shall, until the expiration
of five (5) years after final payment under this Agreement, have access to, and the right to examine
and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any
transactions related to this Agreement.
[04-CMG-0000211790114/1] 7
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16.F.4.h
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, 2023 and shall remain effective for
one year until September 30, 2024. If the project is not completed within the term of this
Agreement, all unreleased funds shall be retained by the COUNTY. Any extension of this
Agreement beyond the one (1) year term in order to complete the Project must be at the express
consent of the Collier County Board of County Commissioners.
The GRANTEE must request any extension of this term in writing at least sixty (60) days
prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this
Agreement to extend the term for an additional ninety (90) days. Amendments shall be in writing
and approved by the Board of County Commissioners.
17. EVALUATION OF TOURISM IMPACT:
GRANTEE shall provide the data in the Final Status Report for the Tourism Department
to determine the Tourism Impact, using industry calculators.
18. REQUIRED NOTATION:
All collateral material and advertisements shall identify Collier County tourism by
displaying the CVB logo with the website URL www.paradisecoast.com or name 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
[04-CMG-0000211790E1411] 8
(rl� -P0
Packet Pg. 779
16.F.4.h
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-00002/17901 W1] 9
CGAU)
Packet Pg. 780
16.F.4.h
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
Approved as to form and legality:
Colleen M. Greene
Assistant County Attorney
[04-CMG-00002/1790114/11
Chairperson
GRANTEE:
NAPLES ART INSTITUTE
BY:
FRANK VERPOORTEN
Printed/Typed Name
EXECUTIVE DIRECTOR AND CHIEF CURATOR
Printed/Typed Title
to
0
Packet Pg. 781
16.F.4.h
NAPLES ART ASSOCIATION, INC.
EXHIBIT "A"
Project Budget
Eligible exhibition costs and reimbursable visitor marketing activities.
Total FundinLy -- Not to Exceed:
$ 100,000.00
[04-CMG-00002l1790114/11 I l
Packet Pg. 782
16.F.4.h
C2 Museums Agreemon Maples Art
Association,Inc(l) - rsignature needed
Final Audit Report 2023-06-29
Created: 2023-06-29
By: John Melloky Qohn.melleky@colliercountyFl.gov)
Status: Signed
Transaction ID:CBJCHBCAA8AA3hks9haipBfbhmQ5lfG58EG19SoCTnUI
"C2 Museums Agreement - Naples Art Association, Inc(1) - rsign
ature needed" History
Document created by John Melieky {John.melleky@colliercountyfl.gov)
2023-06-29 - 4:06:51 PM GMT
��. Document emaled to Frank Verpoorten(frank.verpoorten@naplesart.org) for signature
2023-06-29 - 4:07:20 PM GMT
�) Email viewed by Frank Verpoorten(frank.verpoorten@napiesart.org)
2023-06-29 - 5:05:30 PM GMT
; 6 Document e-signed by Frank Verpoorten(frank.verpoorten@naplesart.org)
Signature Date: 2023-06-29 - 5:06:51 PM GMT - Time Source: server
Agreement completed.
2023-06-29 - 5:06:51 PM GMT
IM Adobe Acrobat Sign
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2023 TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND NAPLES ART DISTRICT, INC.
NON -COUNTY OWNED/OPERATED MUSEUMS
THIS AGREEMENT is made and entered into this day of , 2023,
by and between Naples Art District, 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 -far -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/production fees and marketing
expenses to promote exhibits and festivals using out -of -market advertising to attract overnight
visitors to Collier County for Naples Art District Seasonal Support 2023-2024 (hereinafter "the
Project"); and
WHEREAS, the Tourist Development Council has recommended funding for
GRANTEE'S exhibit/production 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, approves the proposed Project expenditures, and finds that
the Project expenditure promotes tourism.
[04-CMG-00002/1790122/ 1 ] 1 (DCAO
Packet Pg. 784
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 "A," the GRANTEE shall expend the funds for the out of County
promotion of GRANTEE'S marketing of the Project.
2. PAYMENT:
(a) The amount to be paid under this Agreement shall be a total of Fifty -Five
Thousand Dollars ($55,000). 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 online application 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 "A" 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.
boa-cMc-0000zn 790 i zzn 2
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Packet Pg. 785
(e) GRANTEE shall be paid for its actual costs, not to exceed the maximum amount
budgeted pursuant to the attached "Exhibit A."
(f) With a goal to promote overnight visitation, expenditures with print publications,
broadcast, digital, email, and social platforms should be placed in media that runs outside of
Collier County or in media in Collier County that is directed toward tourists. Media that
includes Collier County as part of a regional package can be included. Reimbursement of any
campaigns 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 documentation provided by GRANTEE.]
(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, 2024 to be
eligible for payment,
3. ELIGIBLE EXPENDITURES:
(a) Only eligible expenditures described in the Project Budget will be paid by
COUNTY.
(b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2023
and September 30, 2024.
(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-00002/179012211] 3 ` CPO
Packet Pg. 7 6
(d) COUNTY may request repayment of funds in compliance with Florida law 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 provided to the Tourism Director or his
designee through the online system at the time of application. 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 a Final Status Report to County through the online
system no later that September 20, 2024, The Final Status Report includes: 1) Analysis of
Visitor Survey and Attendance; 2) Financial Analysis; and 3) Marketing Plan Results, and is
subject to review by the Tourism Director or Designee.
[1)4-CMG-00002» 290122n 4
Packet Pg. 787
(b) COUNTY may withhold any payments for failure of GRANTEE to provide the
Final Status Report and until the County receives the Final Status Report.
6. CHOICE OF VENDORS AND FAIR DEALING:
(a) GRANTEE may select vendors or subcontractors to provide services as described
in Paragraph One (1).
(b) GRANTEE shall take reasonable measures to assure the continued satisfactory
performance of all vendors and subcontractors. 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 re -payment if invoices have been paid under this Agreement for unreasonable
expenditures. The reasonableness of the expenditures shall be based on industry standards.
7. INDEMNIFICATION:
GRANTEE shall indemnify and hold harmless Collier County, its agents, officers and
employees from any and all liabilities, damages,. losses and costs, including, but not limited to,
reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the GRANTEE or anyone employed or utilized
by the GRANTEE in the performance of this Agreement. This indemnification obligation shall
not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be
available to an indemnified party or person described in this paragraph.
8. NOTICES:
[04-CMG-00002/179012211 ] 5
Packet Pg. 788
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:
Paula Brody, President
Naples Art District, Inc.
5760 Shirley Street, Unit 2
Naples, Florida 34109
paulabrody@me.com
All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly
served if mailed by registered or certified mail to the COUNTY to:
John Melleky, Arts and Culture Manager
Collier County Tourism Department
2660 N. Horseshoe Drive Suite 105
Naples, Florida 34104
John.Melleky@col liercountyfl.gov
The GRANTEE and the COUNTY may change the above mailing address at any time
upon giving the other party written notification pursuant to this Section.
9. NO PARTNERSHIP:
Nothing herein contained shall be construed as creating a partnership between the
COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE,
or its vendors or subcontractors, as an agent or employee of the COUNTY.
10. COOPERATION:
GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this
Agreement and shall provide all information and documentation requested by the COUNTY
from time to time pertaining to the use of any funds provided hereunder.
11, TERMINATION:
[04-CMG-0000211790122/1] 6
CCAI,)
Packet Pg. 789
(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 invoiced within
the term of this Agreement.
13, AVAILABILITY OF FUNDS:
This Agreement is subject to the availability of Tourist Development Tax revenues. If
for any reason tourist tax funds are not available to fund all or part of this Agreement, the
COUNTY may upon written notice, at any time during the term of this agreement, and at its sole
discretion, reduce or eliminate funding under this agreement.
14. AVAILABILITY OF RECORDS:
GRANTEE shall maintain records, books, documents, papers and financial information
pertaining to work performed under this Agreement in compliance with Florida law. GRANTEE
agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration
of five (5) years after final payment under this Agreement, have access to, and the right to examine
and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any
transactions related to this Agreement.
[04-CMG-00002/1790122/11 7 CCP15)
Packet Pg. 790
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, 2023 and shall remain effective for
one year until September 30, 2024. If the project is not completed within the term of this
Agreement, all unreleased funds shall be retained by the COUNTY. Any extension of this
Agreement beyond the one (1) year term in order to complete the Project must be at the express
consent of the Collier County Board of County Commissioners.
The GRANTEE must request any extension of this term in writing at least sixty (60) days
prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this
Agreement to extend the term for an additional ninety (90) days. Amendments shall be in writing
and approved by the Board of County Commissioners,
17. EVALUATION OF TOURISM IMPACT:
GRANTEE shall provide the data in the Final Status Report for the Tourism Department
to determine the Tourism Impact, using industry calculators.
18. REQUIRED NOTATION:
All collateral material and advertisements shall identify Collier County tourism by
displaying the CVB logo with the website URL www,paladisecoast.com o1 name 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 a
[04-CMG-0000211790122/11 8
Packet Pg. 791
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/ 1790122/11
Packet Pg. 792
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
[04-CMG-0000211790122111
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
I0
Chairperson
GRANTEE:
Naples Art District
BY: Paula Brody (Jul 12, 20 09:27 EDT)
Paula Brody, President
Printed/Typed Name
Paula Brody, President
Printed/Typed Title
10
A0
Packet Pg. 793
EXHIBIT "A"
Project Budget
Reimbursable visitor marketing activities.
Total Funding -- Not to Exceed:
$55,000.00
[04-CMG-00002/1790122/11 OCAO
Packet Pg. 794
16.F.4.i
C2 Museums Agreement '-y Naples Art District,
Inc(l)
Final Audit Report 2023-07-12
Created:
2023-07-12
By;
John Melleky Qohn.molleky@colliercountyil.gov)
Status:
Signed
Transaction ID:
CBJCHBCAABAALL1xCRXPLssgpeOe7FdhjJH_hRssP21y
"C2 Museums Agreement - Naples Art District, Inc(1)" History
Document created by John Melleky (John.melleky@colliercountyfl.gov)
2023-07-12 - 12:49:14 PM GMT
>- Document emailed to paula Brody (paulabrody@me.com) for signature
2023-07-12 - VA9:45 PM GMT
5 Email viewed by paula Brody (paulabrody@me.com)
2023-07-12 - 1:25:49 PM GMT
by Signer paula Brody (paulabrody@me.com) entered name at signing as Paula Brody
2023-07-12 - 1:27:12 PM GMT
l � Document e-signed by Paula Brody (paulabrody@me.com)
Signature Date: 2023-07-12 - 1:27:14 PM GMT - Time Source: server
Q Agreement completed.
2023-07-12 - 1:27:14 PM GMT
a Adobe Acrobat Sign
Packet Pg. 795
2023 TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND NAPLES BOTANICAL GARDEN, INC.
NON -COUNTY OWNED/OPERATED MUSEUMS
THIS AGREEMENT is made and entered into this _ day of , 2023,
by and between Naples Botanical Garden, 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/production fees and marketing
expenses to promote exhibits and festivals using out -of -market advertising to attract overnight
visitors to Collier County for Johnsonville Night Lights in the Garden (hereinafter "the Project");
and
WHEREAS, the Tourist Development Council has recommended funding for
GRANTEE'S exhibit/production 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, approves the proposed Project expenditures, and finds that
the Project expenditure promotes tourism.
[04-CMG-0000211790125111
0
Packet Pg. 796
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 "A," the GRANTEE shall expend the funds for the out of County
promotion of GRANTEE'S marketing of the Project.
2. PAYMENT:
(a) The amount to be paid under this Agreement shall be a total of One Hundred
Thousand Dollars ($100,000). GRANTEE shall be paid in accordance with 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 online application 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 "A" 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! 1790 i 2 SI l ] 2
0
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16.F.4.j
(e) GRANTEE shall be paid for its actual costs, not to exceed the maximum amount
budgeted pursuant to the attached "Exhibit A."
(f) With a goal to promote overnight visitation, expenditures with print publications,
broadcast, digital, email, and social platforms should be placed in media that runs outside of
Collier County or in media in Collier County that is directed toward tourists. Media that
includes Collier County as part of a regional package can be included. Reimbursement of any
campaigns 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 documentation provided by GRANTEE.]
(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, 2024 to be
eligible for payment.
3. ELIGIBLE EXPENDITURES:
(a) Only eligible expenditures described in the Project Budget will be paid by
COUNTY.
(b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2023
and September 30, 2024.
(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-00002/1790128I1] 3
Gp0
Packet Pg. 798
(d) COUNTY may request repayment of funds in compliance with Florida law 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 provided to the Tourism Director or his
designee through the online system at the time of application. 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 a Final Status Report to County through the online
system no later that September 20, 2024. The Final Status Report includes: 1) Analysis of
Visitor Survey and Attendance; 2) Financial Analysis; and 3) Marketing Plan Results, and is
subject to review by the Tourism Director or Designee.
[04-CMG-0000211790128!11 4 P�
GPG ,
Packet Pg. 799
(b) COUNTY may withhold any payments for failure of GRANTEE to provide the
Final Status Report and until the County receives the Final Status Report.
b. CHOICE OF VENDORS AND FAIR DEALING;
(a) GRANTEE may select vendors or subcontractors to provide services as described
in Paragraph One (1).
(b) GRANTEE shall take reasonable measures to assure the continued satisfactory
performance of all vendors and subcontractors. 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 re -payment if invoices have been paid under this Agreement for unreasonable
expenditures. The reasonableness of the expenditures shall be based on industry standards.
7. INDEMNIFICATION:
GRANTEE shall indemnify and hold harmless Collier County, its agents, officers and
employees from any and all liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the GRANTEE or anyone employed or utilized
by the GRANTEE in the performance of this Agreement. This indemnification obligation shall
not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be
available to an indemnified party or person described in this paragraph.
8. NOTICES;
[04-CMG-0000211790128l1 ] s 00--o
Packet Pg. 800
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:
Donna McGinnis, Pesident and CEO
Naples, Botanical Garden, Inc.
4820 Bayshore Drive
Naples, Florida 34112
dmc innis na les arden.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.Melieky@colliercountyfl.gov
The GRANTEE and the COUNTY may change the above mailing address at any time
upon giving the other party written notification pursuant to this Section.
9. NO PARTNERSHIP:
Nothing herein contained shall be construed as creating a partnership between the
COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE,
or its vendors or subcontractors, as an agent or employee of the COUNTY.
10. COOPERATION:
GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this
Agreement and shall provide all information and documentation requested by the COUNTY
from time to time pertaining to the use of any funds provided hereunder.
11. TERMINATION:
[04-CMG-00002/1790128/11 6
Packet Pg. 801
(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 invoiced within
the term of this Agreement.
13. AVAILABILITY OF FUNDS:
This Agreement is subject to the availability of Tourist Development Tax revenues. If
for any reason tourist tax funds are not available to fund all or part of this Agreement, the
COUNTY may upon written notice, at any time during the term of this agreement, and at its sole
discretion, reduce or eliminate funding under this agreement.
14. AVAILABILITY OF RECORDS:
GRANTEE shall maintain records, books, documents, papers and financial information
pertaining to work performed under this Agreement in compliance with Florida law. GRANTEE
agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration
of five (5) years after final payment under this Agreement, have access to, and the right to examine
and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any
transactions related to this Agreement.
[04-CMG-00002I3 790 t 28fl ] 7
GAO
Packet Pg. 802
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, 2023 and shall remain effective for
one year until September 30, 2024. If the project is not completed within the term of this
Agreement, all unreleased funds shall be retained by the COUNTY. Any extension of this
Agreement beyond the one (1) year term in order to complete the Project must be at the express
consent of the Collier County Board of County Commissioners.
The GRANTEE must request any extension of this term in writing at least sixty (60) days
prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this
Agreement to extend the term for an additional ninety (90) days. Amendments shall be in writing
and approved by the Board of County Commissioners.
17. EVALUATION OF TOURISM IMPACT:
GRANTEE shall provide the data in the Final Status Report for the Tourism Department
to determine the Tourism Impact, using industry calculators.
18. REQUIRED NOTATION;
All collateral material and advertisements shall identify Collier County tourism by
displaying the CVB logo with the website URL www.paradisecoast.com or name 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
Q
[04-CMG-00002/1790128/ l ] 8
Packet Pg. 803
16.F.4.j
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 malting 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-00002/1790128/1 J 9
Packet Pg. 804
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
Approved as to form and legality:
Colleen M. Greene
Assistant County Attorney
[04-CMG-0000211790128111
Chairperson
GRANTEE:
Naples Botanical Garden
bonna McCi ind
BY: Dori naslcGinnk(Jul 10,202314:47EDT)
Donna McGinnis
Printed/Typed Name
President & CEO
Printed/Typed Title
to
(C710
Packet Pg. 805
16.F.4.j
EXHIBIT "A"
Project Budget
Eligible exhibit costs and reimbursable visitor marketing activities.
Total Funding — Not to Exceed:
Signature:
Email: atamargo@naplesgarden.org
[04-CMG-00002/179012811 ]
$X 00,000.00
Signature:
Email: anickrent@naplesgarden.org
Packet Pg. 806
16.F.4.k
2023 TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND OPERA NAPLES, INC.
NON -COUNTY OWNED/OPERATED MUSEUMS
THIS AGREEMENT is made and entered into this day of , 2023,
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, 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 -far -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/production fees and marketing
expenses to promote exhibits and festivals using out -of -market advertising to attract overnight
visitors to Collier County for Seasonal Support for Productions of Opera Naples, Inc., 2023-2024
(hereinafter "the Project"); and
WHEREAS, the Tourist Development Council has recommended funding for
GRANTEE'S exhibit/production 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, approves the proposed Project expenditures, and finds that
the Project expenditure promotes tourism.
[04-CMG-00002/1790396/1 ] l CCAO
Packet Pg. 807
16.F.4.k
NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES
PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY
AGREED AS FOLLOWS:
SCOPE OF WORK:
(a) In accordance with the authorized expenditures as set forth in the Budget,
attached hereto as Exhibit "A," the GRANTEE shall expend the funds for the out of County
promotion of GRANTEE'S marketing of the Project.
2. PAYMENT:
(a) The amount to be paid under this Agreement shall be a total of One Hundred
Thousand Dollars ($100,000). GRANTEE shall be paid in accordance with 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 online application 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 "A" 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-0000211790396111 2
Packet Pg. 808
16.F.4.k
(e) GRANTEE shall be paid for its actual costs, not to exceed the maximum amount
budgeted pursuant to the attached "Exhibit A."
(f) With a goal to promote overnight visitation, expenditures with print publications,
broadcast, digital, email, and social platforms should be placed in media that runs outside of
Collier County or in media in Collier County that is directed toward tourists. Media that
includes Collier County as part of a regional package can be included. Reimbursement of any
campaigns 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 documentation provided by GRANTEE.]
(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, 2024 to be
eligible for payment.
3. ELIGIBLE EXPENDITURES:
(a) Only eligible expenditures described in the Project Budget will be paid by
COUNTY.
(b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2023
and September 30, 2024.
(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-000021179039611 3
(C
Packet Pg. 809
16.F.4.k
(d) COUNTY may request repayment of funds in compliance with Florida law 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 provided to the Tourism Director or his
designee through the online system at the time of application. 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 a Final Status Report to County through the online
system no later that September 20, 2024. The Final Status Report includes: 1) Analysis of
Visitor Survey and Attendance; 2) Financial Analysis; and 3) Marketing Plan Results, and is
subject to review by the Tourism Director or Designee.
[04-CM0-0000211790396/11 4
Packet Pg. 810
16.F.4.k
(b) COUNTY may withhold any payments for failure of GRANTEE to provide the
Final Status Report and until the County receives the Final Status Report.
6. CHOICE OF VENDORS AND FAIR DEALING:
(a) GRANTEE may select vendors or subcontractors to provide services as described
in Paragraph One (1).
(b) GRANTEE shall take ,reasonable measures to assure the continued satisfactory
performance of all vendors and subcontractors. 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 re -payment if invoices have been paid under this Agreement for unreasonable
expenditures. The reasonableness of the expenditures shall be based on industry standards.
7. INDEMNIFICATION:
GRANTEE shall indemnify and hold harmless Collier County, its agents, officers and
employees from any and all liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the GRANTEE or anyone employed or utilized
by the GRANTEE in the performance of this Agreement. This indemnification obligation shall
not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be
available to an indemnified party or person described in this paragraph.
8. NOTICES:
[04-CMG-00002/1790396111 5
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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:
Laura Burns, Executive Director
Opera Naples, Inc.
2408 Linwood Avenue
Naples, Florida 34112
lburns@operanaples. orp,
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.Mellek call iercount fl. 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. NO PARTNERSHIP:
Nothing herein contained shall be construed as creating a partnership between the
COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE,
or its vendors or subcontractors, as an agent or employee of the COUNTY.
10. COOPERATION:
GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this
Agreement and shall provide all information and documentation requested by the COUNTY
from time to time pertaining to the use of any funds provided hereunder.
11. TERMINATION:
(04-CMG-00002I1790396/11 6
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(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 invoiced within
the term of this Agreement.
13. AVAILABILITY OF FUNDS:
This Agreement is subject to the availability of Tourist Development Tax revenues. If
for any reason tourist tax funds are not available to fund all or part of this Agreement, the
COUNTY may upon written notice, at any time during the term of this agreement, and at its sole
discretion, reduce or eliminate funding under this agreement.
M. AVAILABILITY OF RECORDS:
GRANTEE shall maintain records, books, documents, papers and financial information
pertaining to work performed under this Agreement in compliance with Florida law. GRANTEE
agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration
of five (5) 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.
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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, 2023 and shall remain effective for
one year until September 30, 2024. If the project is not completed within the term of this
Agreement, all unreleased funds shall be retained by the COUNTY. Any extension of this
Agreement beyond the one (1) year term in order to complete the Project must be at the express
consent of the Collier County Board of County Commissioners.
The GRANTEE must request any extension of this term in writing at least sixty (60) days
prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this
Agreement to extend the term for an additional ninety (90) days. Amendments shall be in writing
and approved by the Board of County Commissioners.
17. EVALUATION OF TOURISM IMPACT:
GRANTEE shall provide the data in the Final Status Report for the Tourism Department
to determine the Tourism Impact, using industry calculators.
18, REQUIRED NOTATION:
All collateral material and advertisements shall identify Collier County tourism by
displaying the CVB logo with the website URL www.paradisecoast.com or name 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 a
[04-CMG-00002/1790396/ 1 ] 8
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Centers for Disease Control and Prevention (CDC.govlcoronavirus) 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
t04-CMG-0000211790396/1]
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Chairperson
GRANTEE:
Opera Naples, Inc
Laura Burns
Printed/Typed Name
Executive Director
Printed/Typed Title
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EXHIBIT "A"
Project Budget
Eligible production expenses and reimbursable visitor marketing activities.
Total Funding — Not to Exceed:
$100,000.00
[04-CMG-0000211790396/1] Y1
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C2 Museums Agreement- - Opera Naples, Inc(l)
Final Audit Report 2023-06-27
Created: 2023-06-27
By: John Melieky Qohn.melleky@coliiercounty(Lgov)
Status: Signed
Transaction ID: CBJCHBCAABAAREHkLCLgHWz2vrBKUxtC1X5NpM3gjebH
"C2 Museums Agreement - Opera Naples, Inc(1)" History
Document created by John Melleky Qohn.melleky@colliercountyfl.gov)
2023-06-27 - 8:26:37 PM GMT
+ Document ernailed to Laura Burns (Iburns@operanapies.org) for signature
2023-06-27 - 8:27:03 PM GMT
Email viewed by Laura Burns (Iburns@operanaples.org)
2023-06-27 - 9:31:23 PM GMT
&, 0 Document e-signed by Laura Burns (lburns@operanaples.org)
Signature Date: 2023-06-27 - 9:35:44 PM GMT - Time Source: server
Agreement completed.
2023-06-27 - 9:35:44 PM GMT
Adobe Acrobat Sign (7CAO"
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2023 TOURISTY[ AGREEMENT BETWEEN
COLLIER COUNTY AND THE HOLOCAUST MUSEUM AND EDUCATION CENTER
OF SWFL, INC,
NON-COIJrNTY O'4YIYFJD/OPERATED MUSEUMS
THIS AGREEMENT is made and entered into this ` day of M , 2023,
by and between The Holocaust Museum & Education Center of S WF'L, Inc.; d/b/a Holocaust
Museum & Cohen Education Center, 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,"
WI-IERBAS, 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
WHEIWAS, GRANTEE has applied to the Tourist Development Council and the County
to use Tourist Development Tax funds for GRANTEE'S exhibit/production fees and marketing
expenses to promote exhibits and festivals using out -of -market advertising to attract overnight
visitors to Collier County for Seasonal Support — 2023-2024 for marketing and costs for three
traveling exhibitions throughout the year: Iorberles and the Holocaust, Stitching .History frrorn
the Holocaust, and Lawyers Without Rights. (hereinafter "the Project"); and
WHEREAS, the Tourist Development Council has recommended funding for
GRANTEE'S exhibit/production fees and out -of -market adverlising expenditures for the
promotion of the Project, and has made a finding that this expenditure promotes tourism; and
t04-CM4.00002117904 54111
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WHEREAS, the Board of County Commissioners ("Board") has made a finding that
GRANTEE qualifies as a museum, approves the proposed Project expenditures, and finds that
the Project expenditure promotes tourism.
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 "A," the GRANTEE shall expend the funds for the out of County
promotion of GRANTEE'S marketing of the Project.
2, PAYMENT:
(a) The amount to be paid under this Agreement shall be a total of Fifteen Thousand
Dollars ($15,000). GRANTEE shall be paid in accordance with 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 online application 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 "A" shall
constitute authorization for the expenditure[s] described in the invoice[s].
t04-CMG-oa002n-190454111
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(c) All expenditures shall be made in conformity with this Agreement.
(d) The COUNTY shall not pay GRANTEE until the Cleric'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 A."
(f) With a goal to promote overnight visitation, expenditures with print publications,
broadcast, digital, email, and social platforms should be placed in media that runs outside of
Collier County or in media in Collier County that is directed toward tourists. Media that
includes Collier County as part of a regional package can be included. Reimbursement of any
campaigns 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 documentation provided by GRANTEE.]
(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, 2024 to be =
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eligible for payment. ~
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3. ELIGIBLE EXPENDITURES:
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(a) Only eligible expenditures described in the Project Budget will be paid by Q
COUNTY. E
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(b) COUNTY agrees to pay eligible expenditures incurred between October 1, 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 in compliance with Florida law 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 Certificat(, of Insurance must be provided to the Tourism Director or his
designee through the online system at the time of application, The GRANTEE shall not
commence promotional or advertising activities which are to be funded pursuant to this
c
Agreement until the Certificate of Insurance has been received by the COUNTY and the
E
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Agreement is fully executed.
Q
S. REPORTING REO,UIREMENTS: E
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(a) GRANTEE shall provide a Final Status Report to County through the online 3
2
system no later that September 20, 2024. The Final Status Report includes: 1) Analysis of v
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Visitor Survey and Attendance; 2) Financial Analysis; and 3) Marketing flan Results, and is
subject to review by the Tourism Director or Designee.
(b) COUNTY may withhold any payments for failure of GRANTEE to provide the
Final Status Report and until the County receives the Final Status Report.
6, CHOICE OF VENDORS AND FAIR DEALING:
(a) GRANTEE may select vendors or subcontractors to provide services as described
in Paragraph One (1).
(b) GRANTEE shall take reasonable measures to assure the continued satisfactory
performance of all vendors and subcontractors, 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 re -payment if invoices have been paid under this Agreement for unreasonable
expenditures. The reasonableness of the expenditures shall be based on industry standards,
7. INDEMNIFICATION:
GRANTEE shall indemnify and hold harmless Collier County, its agents, officers and
c
employees from any and all liabilities, damages, losses and costs, including, but not limited to,
E
aD
reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence,
m
Q
recklessness, or intentionally wrongful conduct of the GRANTEE or anyone employed or utilized E
m
by the GRANTEE in the performance of this Agreement. This indemnification obligation shall W
2
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not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be
available to an indemnified party or person described in this paragraph.
8. NOTICES:
All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly
served if mailed by registered or certified mail to the GRANTEE at the following address;
Susan Suarez, President and CEO
Holocaust Museum & Education Center of SWFL, Inc.
975 Imperial Golf Course Blvd., Suite 108
Naples, Florida 34110
Susan@limcec.org
All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly
served if mailed by registered or certified snail to the COUNTY to:
John Mellelcy, Acts and Culture Manager
Collier County Tourism Department
2660 N, horseshoe Drive Suite 105
Naples, Florida 34104
John.Mellck r a,colliercountyfl.goy
The GRANTEE and the COUNTY may change the above mailing address at any time
upon giving the other party written notification pursuant to this Section.
9. NO PARTNERSHIP:
Nothing herein contained shall be construed as creating a partnership between the
COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE,
c
or its vendors or subcontractors, as an agent or employee of the COUNTY.
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10. COOPERATION:
Q
GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this E
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Agreement and shall provide all information and documentation requested by the COUNTY �
2
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from time to time pertaining to the use of any funds provided hereunder, c�
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16.F.4.1
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 invoiced within
the terra 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 find all or path of this Agreement, the
COUNTY may upon written notice, at any time during the term. of this agreement, and at its sole
discretion, reduce or eliminate funding under this agreement.
14. AVAILABILITY OF RECORDS:
c
GRANTEE shall maintain records, books, documents, papers and financial information
E
aD
pertaining to work performed under this Agreement in compliance with Florida law. GRANTEE
Q
agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration E
m
of five (5) years after final payment under this Agreement, have access to, and the right to examine
2
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Packet Pg. 825
16.F.4.1
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, 2023 and shall remain effective for
one year until September 30, 2024. If the project is not completed within the term of this
Agreement, all umeleased funds shall be retained by the COUNTY. Any extension of this
Agreement beyond the one (1) year term in order to complete the Project must be at the express
consent of the Collier County Board of County Commissioners,
The GRANTEE must request any extension of this term in writing at least sixty (60) days
prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this
Agreement to extend the term for an additional ninety (90) days. Amendments shall be in writing
and approved by the Board of County Commissioners.
17. EVALUATION OF TOURISM IMPACT;
GRANTEE shall provide the data in the Final Status Report for the Tourism Department
to determine the Tourism Impact, using industry calculators.
c
18, REQUIRED NOTATION:
a�
All collateral material and advertisements shall identify Collier County tourism by 0
Q
displaying the CVB logo with the website URL www,paradisecoast.coln or name to qualify for E
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reimbursement.
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19, COVID-19 REQUIREMENTS:
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16.F.4.1
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•0000211790454l1] 9 O
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16.F.4.1
IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA
Approved as to form and legality:
Colleen M. Greene
Assistant County Attorney
[04-CMG-0000211790454/1]
By:
Chairperson
GRANTEE:
Holocaust Museum & Cohen Education Center
SriLan &kem
BY: Susan Suarez (Jun 2% 2023.14:39 EDT)
Susan Suarez
Printed/Typed Name
President & CEO
Printed/Typed Title
10
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16.F.4.1
1
EXHIBIT "A."
Project Budget
Eligible exhibition fees and reimbursable visitor marketing activities,
Total Funding — Not to Exceed:
$15,000.00
V
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16.F.4.1
C2 Museums Agreement - The Holocaust
Museum & Education Center of SWFL, inc(1) -
revised contractnew signature needed
Final Audit Report 2023-OB-29
Created: 2023-06-29
By: John Melleky Qohn.mellaky@colliorcountyll.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAD7jFdD_OgeLn7sKJpWnUBOhuVSMHihDX
"C2 Museums Agreement - The Holocaust Museum & Education
Center of SWFL, Inc(l) - revised contractnew signature needed
" History
Document created by John Melleky Cohn.molleky@colliercountytl.gov)
2023-06-29 - 4:15:02 PM GMT
P:* Document emailed to Susan Suarez (susan@hmcec.org) for signature
2023-06-29 - 4:15:23 PM GMT
Email viewed by Susan Suarez (susan@hmcee,org)
2023.06-29 - 6:38:16 PM GMT
i4o Document o-signed by Susan Suarez (susan@hmcec.org)
Signature Date: 2023-08-29 - 8:39:02 PM GMT - Time Source: server
0 Agreement completed.
2023-08-29 - 6:39:02 PM GMT
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2023 TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND THE NAPLES PLAYERS, INC.
NON -COUNTY OWNED/OPERATED MUSEUMS
THIS AGREEMENT is made and entered into this day of , 2023,
by and between The Naples PIayers, 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,
d
c
enlarge, remodel, repair, improve, maintain, operate or promote museums owned and operated aM
y
by not -far -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/production fees and marketing
expenses to promote exhibits and festivals using out -of -market advertising to attract overnight
visitors to Collier County for Seasonal Support — 2023-2024 for theater productions (hereinafter
"the Project"); and
WHEREAS, the Tourist Development Council has recommended funding for
GRANTEE'S exhibit/production 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, approves the proposed Project expenditures, and finds that
the Project expenditure promotes tourism.
[04-CMG-00002/ 1790456/11 I
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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:
I. SCOPE OF WORK:
(a) In accordance with the authorized expenditures as set forth in the Budget,.
attached hereto as Exhibit "A," the GRANTEE shall expend the funds for the out of County
promotion of GRANTEE'S marketing of the Project.
2. PAYMENT:
(a) The amount to be paid under this Agreement shall be a total of Forty -Five
Thousand Dollars ($45,000). 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 online application 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 "A" 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-cMc-0000211790456n1 2
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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 A."
(f) With a goal to promote overnight visitation, expenditures with print publications,
broadcast, digital, email, and social platforms should be placed in media that runs outside of
Collier County or in media in Collier County that is directed toward tourists. Media that
includes Collier County as part of a regional package can be included. Reimbursement of any
campaigns 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 documentation provided by GRANTEE.]
(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, 2024 to be
eligible for payment.
3. ELIGIBLE EXPENDITURES:
(a) Only eligible expenditures described in the Project Budget will be paid by
COUNTY.
(b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2023
and September 30, 2024.
(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 in compliance with Florida law 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 pet, 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 provided to the Tourism Director or his
designee through the online system at the time of application. 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 a Final Status Report to County through the online
system no later that September 20, 2024. The Final Status Report includes: 1) Analysis of
Visitor Survey and Attendance; 2) Financial Analysis; and 3) Marketing Plan Results, and is
subject to review by the Tourism Director or Designee.
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(b) COUNTY may withhold any payments for failure of GRANTEE to provide the
Final Status Report and until the County receives the Final Status Report.
6. CHOICE OF VENDORS AND FAIR DEALING:
(a) GRANTEE may select vendors or subcontractors to provide services as described
in Paragraph One (1).
(b) GRANTEE shall take reasonable measures to assure the continued satisfactory
performance of all vendors and subcontractors. 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 re -payment if invoices have been paid under this Agreement for unreasonable
expenditures. The reasonableness of the expenditures shall be based on industry standards.
7. INDEMNIFICATION:
GRANTEE shall indemnify and hold harmless Collier County, its agents, officers and
employees from any and all liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the GRANTEE or anyone employed or utilized
by the GRANTEE in the performance of this Agreement. This indemnification obligation shall
not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be
available to an indemnified party or person described in this paragraph.
8. NOTICES:
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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:
Bryce Alexander, CEO
The Naples Players, Inc.
701 51h Avenue South
Naples, Florida 34102
balexandei:@naplesplayers.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.Melieky@colliercotiniyfl.gov
The GRANTEE and the COUNTY may change the above mailing address at any time
LM
upon giving the other party written notification pursuant to this Section.
9. NO PARTNERSHIP:
Nothing herein contained shall be construed as creating a partnership between the
COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE,
or its vendors or subcontractors, as an agent or employee of the COUNTY.
10. COOPERATION:
GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this
Agreement and shall provide all information and documentation requested by the COUNTY
from time to time pertaining to the use of any funds provided hereunder.
11. TERMINATION:
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(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 invoiced within
the term of this Agreement.
13. AVAILABILITY OF FUNDS:
This Agreement is subject to the availability of Tourist Development Tax revenues. If
for any reason tourist tax funds are not available to fund all or part of this Agreement, the
COUNTY may upon written notice, at any time during the term of this agreement, and at its sole
discretion, reduce or eliminate funding under this agreement.
14. AVAILABILITY OF RECORDS;
GRANTEE shall maintain records, books, documents, papers and financial information
pertaining to work performed under this Agreement in compliance with Florida law. GRANTEE
agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration
of five (5) 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.
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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, 2023 and shall remain effective for
one year until September 30, 2024. 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 N
(D
prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this a�
y
Agreement to extend the term for an additional ninety (90) days. Amendments shall be in writing L
and approved by the Board of County Commissioners.
17. EVALUATION OF TOURISM IMPACT:
GRANTEE shall provide the data in the Final Status Report for the Tourism Department
to determine the Tourism Impact, using industry calculators.
18. REQUIRED NOTATION:
All collateral material and advertisements shall identify Collier County tourism by
displaying the CVB logo with the website URL www.t)aradisecoast.com or name 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
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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
Approved as to form and legality:
Colleen M. Greene
Assistant County Attorney
Lo
Chairperson
GRANTEE:
The Naples Players, Inc
BY: S7 44QP
Bryce Alexander
Printed/Typed Name
CEO & Executive Artistic Director
Printed/Typed Title
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EXHIBIT "A"
Project Budget
Eligible production expenses and reimbursable visitor marketing activities.
Total Funding -- Not to Exceed: $45,000.00
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C2 Museums Agreement - The Naples Pryers,
Inc(l) - remised Contract - new signature needed
Final Audit Report 2023-06-29
Created: 2023-06-29
By: John Melleky Gohn.melleky@coiiiercouno.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAgvkoHzCUMr5lQg_DIGroWCuXiB8FA(3XI
"C2 Museums Agreement - The Naples Players, Inc(1) - revised
contract - new signature needed" History
Document created by John MeilekyOohn.melleky@colliercountyfi.gov)
2023-06-29 - 4:17:16 PM GMT
Ms. Document emailed to Bryce Alexander (balexander@naplesplayers.org) for signature
2023-06-29 - 4:17:43 PM GMT
Email viewed by Bryce Alexander (balexander@napiesplayers.org)
2023-06-29 - 4:19:37 PM GMT
Q Document e-signed by Bryce Alexander (balexander@naplesplayers.org)
Signature Date: 2023-06-29 - 4:20:50 PM GMT - Time Source: server
Agreement completed.
2023-06-29 - 4:20:50 PM GMT
a Adobe Acrobat Sign
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TOURISM DEVELOPMENT TAX GRANTS AWARDED 16.F.4.n
History Last Five Years
GRANT TYPE
APPLICANT
FY
2022-2023
FY
2021-2022
FY
2020-2021
FY
2019-2020
FY
2018-2019
MUSEUM GRANTS
Artis--Naples
$100,000
$100,000
$50,000
$250,000
$200,000
Artis--Naples NIFF (other years in
marketing grant)
$50,000
Conservancy of Southwest Florida
Freedom Memorial Task Force
Golisano Children's Museum of
Naples
$78,500
$100,000
$50,000
$326,000
$206,400
Gulfshore Playhouse
$100,000
Holocaust Museum
$30,000
$30,000
$50,000
Marco Island Center for the Arts
$28,500
Marco Island Historical Society
Naples Art Association/
Von Leibig Art Center
$114,500
Naples Art District
$48,500
Naples Botanical Garden
$100,000
$100,000
$100,000
$50,000
$50,000
Naples Botanical Garden -
Johnsonville Night Lights
Naples Zoo
$100,000
$100,000
$100,000
$100,000
$100,000
$100,000
$50,000
$170,421
$165,921
Opera Naples
$100,000
Museum Grants Total
$850,000
$530,000
$350,000
$946,421
$722,321
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TOURISM DEVELOPMENT TAX GRANTS AWARDED 16.F.4.n
History Last Five Years
GRANT TYPE
APPLICANT
FY
2022-2023
FY
2021-2022
FY
2020-2021
FY
2019-2020
FY
2018-2019
MARKETING GRANTS
NIFF - Artis--Naples 2017 +
$50,000
$50,000
$50,000
$25,000
Arts Naples World Festival
Antique Automobile Club of
America
$5,500
$13,000
Betterment Assoc. of the
Everglades - Everglades Seafood
Festival
Florida Stone Crabbers Assoc. -
Everglades Seafood Festival
$25,000
Food Idea Group Restaurant
Week
Friends of Rookery Bay
Gulfshore Opera
$10,000
$15,000
$15,000
$20,000
Hodges University
Kiwanis Club Pelican Bay Bacon
Fest
Marco Island Historical Society
$45,000
$75,000
$75,000
Naples Historical Society
The Naples Players
$20,000
Naples Pride
Naples St. Patrick Day Parade
Old Naples Waterfront Assoc. -
Stone Crab Festival Tin City
United Arts
Marketing Grant Totals
$100,000
$140,000
$50,000
$70,500
$133,000
TOTAL GRANTS
$950,000
$670,000
$400,000
$1,016,921
$855,321
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Tourist Development Tax
FY2023-2024
Grant Recommendation Summary
1 6.F.4.o
Category
Legal Name
Project Name
Total
Requested
Total
Eligible
Recommended
Award
C-2 Museum
Artis-Naples, Inc.
2023-24 Season Support
$200,000
$200,000
$120,000
C-2 Museum
Golisano Children's Museum of
Naples
Gulfshore Playhouse
Seasonal Support for Traveling
Exhibits 2023-2024
$188,698
$188,698
$90,000
C-2 Museum
A Toast to the Future: 2023-2024
Gulfshore Playhouse season
$100,000
$100,000
$85,000
C-2 Museum
Marco Island Center for the Arts
Marco Island Center for the Arts
Season Support for
Performance, Production and
Marketing 2023-2024
$70,716
$70,716
$40,000
C-2 Museum
Naples Art Association, Inc.
Vincent Vasarely exhibition, Norman
Rockwell exhibition, and Weaving
Narratives for a Collective Collier: A
Creative Placemaking Project
(Seasonal 2023-2024)
$153,030
$153,030
$100,000
C-2 Museum
Naples Art District, Inc
Naples Art District Seasonal Support
2023-2024
$121,000
$121,000
$55,000
C-2 Museum
Naples Botanical Garden, Inc.
Johnsonville Night Lights in the
Garden
Seasonal Support for Productions of
Opera Naples, Inc. 2023-2024
$150,000
$150,000
$100,000
C-2 Museum
Opera Naples, Inc.
$242,000
$242,000
$100,000
C-2 Museum
The Holocaust Museum &
Education Center of SWFL, Inc.;
dba Holocaust Museum & Cohen
Education Center
Seasonal Support - 2023-2024
$15,000
$15,000
$15,000
C-2 Museum
The Naples Players, INC
Seasonal Support 2023-2024
$125,652
$125,652
$45,000
TOTAL
$1,366,096
$1,366,096
$750,000
B- Marketing
Florida Stone Crabbers
Association, Inc.
Everglades Seafood Festival 2024,
54th Annual
$41,335
$41,335
$41,335
B- Marketing
Gulfshore Opera
Seasonal Support for 2023/2024
$20,000
$20,000
$20,000
B- Marketing
United Arts Council of Collier
County
Seasonal Support 2023-2024
$13,313
$13,313
$13,313
TOTAL
$74,648
$74,648
$74,648
BOTH CATEGORIES
TOTAL
$1,440,744
$1,440,744
$824,648
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