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Backup Documents 09/24/2024 Item #11D ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 1 D TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ** ROUTING SLIP** Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 2. 3. County Attorney Office County Attorney Office Cm Fl 10 I t 2s4 4. BCC Office Board of County Commissioners Q. �t t7i5. Minutes and Records Clerk of Court's Office ,,,av PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information i needed in the event one of the addressees above may need to contact staff for additional or missing information. Name of Primary Staff C��� �j)�`L Phone Number �, Contact/Department �.1 / J3 9 Agenda Date Item was )at-i) 1 Agenda Item Number Approved by the BCC I ���� • V Type of Document(s) Number of Original �Attached AV CO CJrv �� Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature(instead of stamp)? / 2. Does the document need to be sent to another agency for additional signatures? If yes, 61/I- provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legality. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney.) c--t-orpkkerD 4. All handwritten strike-through and revisions have been initialed by the County Attorney Office and all other parties except the BCC Chairman and the Clerk to the Board. w� 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. .3 ri'- 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's ,J signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is uploaded to the agenda. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on Y'11).'11?13 and all changes made during if. N/A is not the meeting have been incorporated in the attached document. The County Attorney an option for Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the an option for Chairman's signature. this line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04;Revised 1.26.05;2.24.05;11/30/12;4/22/16;9/10/21 1 1 D 2024 TOURISM PROMOTION AGREEMENT BETWEEN COLLIER COUNTY AND FLORIDA STONE CRABBERS ASSOCIATION, INC. MARKETING AND EVENT GRANT THIS AGREEMENT is made and entered into this 2914day of ,�lo fe,6 er , 2024, 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; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax to promote arts and culture activities (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-00002/1887781/I] 1 CAO 1 1 D (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-Four Thousand Five Hundred Dollars($24,500). 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 shall be placed in media that runs outside of Collier [04-CMG-00002/1887781/1] 2 CAO 1 1 D 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, 2025 to be eligible for payment. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in the Project Budget will be paid by COUNTY. A minimum of fifty percent (50%) of tourist development tax funding must be spent on marketing. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2024 and September 30, 2025. (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, 2025. The Final Status Report includes: 1) Analysis of Visitor Survey and [04-CMG-00002/1887781/1] 3 CAO 1 1 D 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-00002/1887781/1] 4 CAO 1 1 D (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, Director Florida Stone Crabbers Association, Inc/Everglades Seafood Festival 22855 SR 29 Jerome, Florida 34141 hollylevingston@ymail.com [04-CMG-00002/1887781/1] 5 CAO 1 1 D All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: John Melleky, Arts and Culture Manager Collier County Tourism Department 2660 N. Horseshoe Drive Suite 105 Naples, Florida 34104 John.Melleky@colliercountyfl.gov The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE, or its vendors or subcontractors, as an agent or employee of the COUNTY. 10. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this Agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. 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: [04-CMG-00002/1887781/I] 6 CAO 1 1 D 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, 2024 and shall remain effective for one year until September 30,2025. 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 [04-CMG-00002/188778 I/1] 7 CAO 1 1 D 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 tax funds are requested. [04-CMG-00002/1887781/1] 8 1 1 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. KI►ZEL, Clerk COLLI-R COUNTY, FLORIDA Ii:!\; . ,► By: A i•S1 as to, hatrmaf's s'.rature only Chris Hall, Chairman ppr ed as to fo and legality: -)// Colleen M. Gre ne Assistant County Attorney GRANTEE: FLORIDA STONE CRABBERS ASSOCIATION, INC. DgolGe BY. Holly Dudley(Aug 29,2024T5:51 EDT) Holly Dudley Printed/Typed Name Director Printed/Typed Title 1,• [04-CMG-00002/1887781/I I 9 CAo 1 1 D EXHIBIT "A" FLORIDA STONE CRABBERS ASSOCIATION, INC. Project Budget Promotion of arts and culture activities. A minimum of fifty percent(50%) of tourist development tax funding must be spent on marketing. Total Funding— Not to Exceed: $24,500.00 [04-CMG-00002/188778 I/1] 10 GAO 1 1 D 2024 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND GULFSHORE PLAYHOUSE, INC. NON-COUNTY OWNED/OPERATED MUSEUMS GRANT THIS AGREEMENT is made and entered into this Zy day of Se .4--.4er. _, 2024, 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 2024-25 Seasonal Support (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-00002/1887798/1] 1 cA0 1 1 D 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 Seventy-Five Thousand Dollars ($75,000). 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-00002/1887798/1] 2 GA0 1 1 D (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 shall 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, 2025 to be eligible for payment. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in the Project Budget will be paid by COUNTY. A minimum of fifty percent (50%) of tourist development tax funding must be spent on marketing. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2024 and September 30, 2025. [04-CMG-00002/1887798/1] 3 GNO 1 1 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, 2025. The Final Status Report includes: 1)Analysis of Visitor Survey [04-CMG-00002/1887798/1] 4 GPO 1 1 D 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 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 [04-CMG-00002/1887798/1] 5 CPA 1 1 D 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: Kristen Coury, CEO and Producing Artistic Director Gulfshore Playhouse, Inc. 2640 Golden Gate Pkwy, Ste 211 Naples, Florida 34105 kcoury(n,gulfshoreplayhouse.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.Melleky@colliercountyfl.gov The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE, or its vendors or subcontractors, as an agent or employee of the COUNTY. 10. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this Agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. [04-CMG-00002/1887798/1] 6 GA0 1 1 D 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 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-00002/1887798/1] 7 CPO 1 1 D 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, 2024 and shall remain effective for one year until September 30,2025. 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-00002/1887798/1] 8 CAO 1 1 D 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-00002/1887798/1] 9 CAv i 11D 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. t1j��pA ATTES'fi'. ' r� , BOARD OF COUNTY COMMISSIONERS CRYSTALK.KI ZEL,Clerk COLL COUNTY, FLORIDA By: Atte a tp'Chaurnan's s1gnafure only Chris Hall, Chairman Approved as to form and legality: .411 Colleen M. Gree e Assistant County Attorney GRANTEE: GULFSHORE PLAYHOUSE, INC. BY: KriKr«tenCoury(Aug og2024riy EDT) Kristen Coury Printed/Typed Name President and CEO Printed/Typed Title 104-CMG-00002/1887798/1] 10 CAO) 1 1 D GULFSHORE PLAYHOUSE, INC. EXHIBIT "A" Project Budget Eligible exhibit costs,production costs, and reimbursable visitor marketing activities. A minimum of fifty percent(50%) of tourist development tax funding must be spent on marketing. Total Funding—Not to Exceed: $75,000.00 [04-CMG-00002/1887798/1] 11 CAO 1 1 D 1' 2024 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES ART ASSOCIATION, INC. d/b/a NAPLES ART INSTITUTE NON-COUNTY OWNED/OPERATED MUSEUMS GRANT THIS AGREEMENT is made and entered into this Z day of ST1-c,,,4 er- , 2024, by and between Naples Art Association, Inc. d/b/a Naples Art Institute, 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 2024-25 Seasonal Support (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-00002/1887799/1] I CAO 1 1 D 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 Seventy Thousand Dollars($70,000). 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-00002/1887799/1] 2 CAO 1 1 D (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 shall 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, 2025 to be eligible for payment. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in the Project Budget will be paid by COUNTY. A minimum of fifty percent (50%) of tourist development tax funding must be spent on marketing. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2024 and September 30, 2025. [04-CMG-00002/1887799/1] 3 CAO 1 1 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, 2025. The Final Status Report includes: 1) Analysis of Visitor Survey [04-CMG-00002/1887799/1] 4 GAO) 1 1 D ' 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 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 [04-CMG-00002/1887799/1] 5 Cp,O 1 1 D construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. 8. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Frank Verpoorten, Executive Director and Chief Curator Naples Art Association, Inc. d/b/a Naples Art Institute 585 Park Street Naples, Florida 34102 frank.verpoorten@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.Melleky@colliercountyfl.gov The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE, or its vendors or subcontractors, as an agent or employee of the COUNTY. 10. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this Agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. [04-CMG-00002/1887799/1] 6 1 1 D 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 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-00002/1887799/1] 7 GAO�l 1 1 D 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, 2024 and shall remain effective for one year until September 30,2025. 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-00002/1887799/1] 8 1 1 D 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-00002/1887799/1] 9 GPO 1 1 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. KI EL, Clerk COLLI R COUNTY, FLORIDA 0i / L . By: Attest Chairman's sig =t 'e only Chris Hall, Chairman A proved as to fo nd legality: • Colleen M. Gree Assistant County Attorney GRANTEE: NAPLES ART ASSOCIATION,INC. BY: Fo4,Verseteadv Frank Verpoorten Printed/Typed Name Frank Verpoorten Printed/Typed Title 3 [04-CMG-00002/1887799/1] 10 Cp,O 1 1 D NAPLES ART ASSOCIATION, INC. d/b/a NAPLES ART INSTITUTE EXHIBIT "A" Project Budget Eligible exhibit costs,production costs, and reimbursable visitor marketing activities. A minimum of fifty percent(50%) of tourist development tax funding must be spent on marketing. Total Funding—Not to Exceed: $70,000.00 [04-CMG-00002/1887799/1] 11 CAO 1 1 D 2024 TOURISM PROMOTION AGREEMENT BETWEEN COLLIER COUNTY AND GULFSHORE OPERA, INC. MARKETING AND EVENT GRANT ;� THIS AGREEMENT is made and entered into this 2`1 day of s y�fc�,d� 2024, 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; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax to promote arts and culture activities (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-00002/1887783/1] 1 0,0 1 1 D (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-Two Thousand Five Hundred Dollars($22,500). 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 shall be placed in media that runs outside of Collier [04-CMG-00002/1887783/1] 2 n 11D 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, 2025 to be eligible for payment. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in the Project Budget will be paid by COUNTY. A minimum of fifty percent (50%) of tourist development tax funding must be spent on marketing. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2024 and September 30, 2025. (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, 2025. The Final Status Report includes: 1) Analysis of Visitor Survey and [04-CMG-00002/1887783/1] 3 �GP`O 1 1 D 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-00002/1887783/1] 4 GAO 1 1 D (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 steffanie@gulfshoreonera.org [04-CMG-00002/1887783/I] 5 CAO 1 1 D All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: John Melleky, Arts and Culture Manager Collier County Tourism Department 2660 N. Horseshoe Drive Suite 105 Naples, Florida 34104 John.Melleky@colliercountyfl.gov The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE, or its vendors or subcontractors, as an agent or employee of the COUNTY. 10. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this Agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. 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-00002/1887783/1] 6 CAO 1 1 1 D 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, 2024 and shall remain effective for one year until September 30,2025. 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 GAO [04-CMG-00002/1887783/1] 7 1 1 D 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 tax funds are requested. [04-CMG-00002/1887783/1] 8 CAO 1 1 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. NZEL, Clerk COLLIER COUNTY, FLORIDA By: (IA4144°1( Att td to C 4)Frn a an`s signature only Chris Hall, Chairman Approved as to for and legality: On/1 Colleen M. Gree e Assistant County Attorney GRANTEE: GULFSHORE OPERA, INC. BY: 1 Steffanie Pierce Printed/Typed Name General Director Printed/Typed Title [04-CMG-00002/1887783/1] 9 CAO 1 1 D EXHIBIT "A" GULFSHORE OPERA, INC. Project Budget Promotion of arts and culture activities. A minimum of fifty percent (50%) of tourist development tax funding must be spent on marketing. Total Funding—Not to Exceed: S22,500.00 [04-CMG-00002/1887783/1] 10 CAO 1 1 D 2024 TOURISM PROMOTION AGREEMENT BETWEEN COLLIER COUNTY AND FRIENDS OF ROOKERY BAY, INC. MARKETING AND EVENT GRANT THIS AGREEMENT is made and entered into this 24day of Sept4 er , 2024, by and between Friends of Rookery Bay, 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; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax to promote arts and culture activities (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-00002/1887782/1] 1 CAO 1 1 D (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 Eight Thousand Five Hundred Dollars ($8,500). 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 shall be placed in media that runs outside of Collier CAO [04-CMG-00002/1887782/1] 2 1 1 D 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, 2025 to be eligible for payment. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in the Project Budget will be paid by COUNTY. A minimum of fifty percent (50%) of tourist development tax funding must be spent on marketing. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2024 and September 30, 2025. (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, 2025. The Final Status Report includes: 1) Analysis of Visitor Survey and [04-CMG-00002/1887782/1] 3 C40 1 1 D 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-00002/1887782/1] 4 GAO 1 1 D (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: Athan Barkoukis, Executive Director Friends of Rookery Bay, Inc. 300 Tower Road Naples, Florida 34113 directora friendso fro okerybay.org [04-CMG-00002/1887782/1) 5 CAO 1 1 D 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.Mellekyna,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. (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: [04-CMG-00002/1887782/1] 6 '90 1 1 0 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, 2024 and shall remain effective for one year until September 30,2025. 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 [04-CMG-00002/1887782/1] 7 CAO 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 tax funds are requested. [04-CMG-00002/1887782/1] 8 CAO 1 1 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. EL; Clerk COLLI COUNTY, FLORIDA By: Atte s.to hail '�n sl attire only Chris Hall, Chairman Appr ed as to form nd legality: --)14 Colleen . Green Assistant County Attorney GRANTEE: FRIENDS OF ROOKERY BAY, INC. Aigasal BY: Athan Barkoukis(Aug 28,202409:53 EDT) Athan Barkoukis Printed/Typed Name Executive Director Printed/Typed Title [04-CMG-00002/1887782/11 9 CAO I 1 1Y EXHIBIT "A" FRIENDS OF ROOKERY BAY, INC. Project Budget Promotion of arts and culture activities. A minimum of fifty percent (50%) of tourist development tax funding must be spent on marketing. Total Funding—Not to Exceed: $8,500.00 [04-CMG-00002/1887782/1] 10 CAO 1 1 D 2024 TOURISM PROMOTION AGREEMENT BETWEEN COLLIER COUNTY AND MAURICH PRODUCTIONS & EVENTS, INC. MARKETING AND EVENT GRANT THIS AGREEMENT is made and entered into this 2..(1 day of ScI/ fep,Le/ , 2024, by and between Maurich Productions & Events, 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; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax to promote arts and culture activities (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-00002/1887784/1] 1 CAO 1 1 D (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 Two Thousand Five Hundred Dollars ($2,500). 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 shall be placed in media that runs outside of Collier [04-CMG-00002/1887784/1] 2 CAO 1 1 D 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, 2025 to be eligible for payment. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in the Project Budget will be paid by COUNTY. A minimum of fifty percent (50%) of tourist development tax funding must be spent on marketing. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2024 and September 30, 2025. (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, 2025. The Final Status Report includes: 1) Analysis of Visitor Survey and [04-CMG-00002/1887784/1] 3 CAO 110 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-00002/1887784/1] 4 CAO 1 1 D (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: Maureen Roberts, Director Maurich Productions & Events, Inc. 15940 Los Olivos Lane Naples, Florida 34110 MR@maurichproductions.org [04-CMG-00002/1887784/1] 5 CAO 1 1 D All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: John Melleky, Arts and Culture Manager Collier County Tourism Department 2660 N. Horseshoe Drive Suite 105 Naples, Florida 34104 John.Melleky@colliercountyfl.gov The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE, or its vendors or subcontractors, as an agent or employee of the COUNTY. 10. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this Agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. 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: 0,0 [04-CMG-00002/1887784/1] 6 1 1 D 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, 2024 and shall remain effective for one year until September 30,2025. 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 [04-CMG-00002/1887784/1] 7 CAO 1 1 D 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 tax funds are requested. [04-CMG-00002/1887784/1] 8 CAa I 1 13 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. K ZEL, Clerk COLLIER COUNTY, FLORIDA By: eksigai„ Attest s Chairrr'1an's signature only Chris I-Iall, Chairman Approved as to form and legality: /141)4110,0A1—. Col een . Gree Assistant County Attorney • GRANTEE: MAURICH PRODUCTIONS & EVENTS, INC. BY: Maureen Roberts(Aug 29,2024 16:26 EDT) Maureen Roberts Printed/Typed Name Director Printed/Typed Title [04-CMG-00002/1887784/I] 9 CAO 1 1 D EXHIBIT "A" MAURICH PRODUCTIONS & EVENTS, INC. Project Budget Promotion of arts and culture activities. A minimum of fifty percent (50%) of tourist development tax funding must be spent on marketing. Total Funding—Not to Exceed: S2,500.00 CAO [04-CMG-00002/1887784/1] 10 11t 2024 TOURISM PROMOTION AGREEMENT BETWEEN COLLIER COUNTY AND SERAPHIC FIRE, INC. MARKETING AND EVENT GRANT 441 THIS AGREEMENT is made and entered into this 2`I day of er , 2024, by and between Seraphic Fire, 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; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax to promote arts and culture activities (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-00002/1887785/1] 1 CAO l 1 D (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 Seven Thousand Dollars ($7,000). 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 shall be placed in media that runs outside of Collier [04-CMG-00002/1887785/1] 2 CAO 1 1 D 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, 2025 to be eligible for payment. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in the Project Budget will be paid by COUNTY. A minimum of fifty percent (50%) of tourist development tax funding must be spent on marketing. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2024 and September 30, 2025. (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, 2025. The Final Status Report includes: 1) Analysis of Visitor Survey and CAO [04-CMG-00002/1887785/1J 3 di1D 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-00002/1887785/1] 4 CAS 1 1 D (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: Matthew Kacergis, Managing Director Seraphic Fire, Inc. 2153 Coral Way, Suite 401 Miami, Florida 33145 matthew@seraphicfire.org CAO [04-CMG-00002/1887785/1] 5 1 1 D 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.Mellekyc icolliercountyfl.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. (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: [04-CMG-00002/1887785/1] 6 CAO 1 1 D 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, 2024 and shall remain effective for one year until September 30, 2025. 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 [04-CMG-00002/1887785/1] 7 CAO 1 1 D 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 tax funds are requested. [04-CMG-00002/1887785/1] 8 CAO 1 1 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. • {1 a la ATTES• , ° ,.. BOARD OF COUNTY COMMISSIONERS CRYSTAL. Z 'L;,'lerk COLLIER COUNTY, FLORIDA By: al41614 Attest Cheirrnoti's sigrrature'only Chris Hall, Chairman Approved as to form and legality: Co een M. Greene Assistant County Attorney GRANTEE: SERAPHIC FIRE, INC. BY: Lauren Schiffer Leger Printed/Typed Name Interim Managing Director Printed/Typed Title [04-CMG-00002/1887785/I] 9 CAO 1 1 D EXHIBIT "A" SERAPHIC FIRE, INC. Project Budget Promotion of arts and culture activities. A minimum of fifty percent (50%) of tourist development tax funding must be spent on marketing. Total Funding—Not to Exceed: $7,000.00 [04-CMG-00002/1887785/1] 10 CAO 1 1 D 2024 TOURISM PROMOTION AGREEMENT BETWEEN COLLIER COUNTY AND UNITED ARTS COUNCIL OF COLLIER COUNTY, INC. MARKETING AND EVENT GRANT THIS AGREEMENT is made and entered into this 2,/r1)day of Selpk,,,,6et- , 2024, by and between United Arts Council of Collier County, 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; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax to promote arts and culture activities (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-00002/1887786/1] 1 CAO 1 1 D (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 Dollars($13,000). 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 shall be placed in media that runs outside of Collier CAO [04-CMG-00002/1887786/I] 2 1 1 D 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, 2025 to be eligible for payment. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in the Project Budget will be paid by COUNTY. A minimum of fifty percent (50%) of tourist development tax funding must be spent on marketing. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2024 and September 30, 2025. (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, 2025. The Final Status Report includes: 1) Analysis of Visitor Survey and [04-CMG-00002/1887786/1] 3 CAp 1 1 D 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-00002/1887786/1] 4 CAO 1 1 D (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, Inc. 340 Tamiami Trail North, #201 Naples, Florida 34102 Elysiana,unitedartscollier.org [04-CMG-00002/1887786/1] 5 CAO 1 1 D 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(a,colliercountvfl.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. (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: [04-CMG-00002/1887786/1] 6 CAO 1 1 t, 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, 2024 and shall remain effective for one year until September 30,2025. 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 [04-CMG-00002/1887786/1] 7 CA0 1 1 D 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 tax funds are requested. [04-CMG-00002/1887786/1] 8 CA0 1 1 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 EL,:Clerk COLLI R COUNTY, FLORIDA By: A s s to Chairman's signature only Chris Hall, Chairman Approved as to for and legality: Colleen M. Greene Assistant County Attorney GRANTEE: UNITED ARTS COUNCIL OF COLLIER COUNTY, INC. BY: E4,11s/a DaWM Ely w (Aug 28,2024 02.12 EDT) Elysia Dawn Printed/Typed Name Executive Director Printed/Typed Title [04-CMG-00002/1887786/I] 9 CA() 1 1 D EXHIBIT "A" UNITED ARTS COUNCIL OF COLLIER COUNTY, INC. Project Budget Promotion of arts and culture activities. A minimum of fifty percent (50%) of tourist development tax funding must be spent on marketing. Total Funding—Not to Exceed: $13,000.00 [04-CMG-00002/1887786/1] 10 CAO 1 1 D 2024 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND ARTIS--NAPLES, INC. NON-COUNTY OWNED/OPERATED MUSEUMS GRANT THIS AGREEMENT is made and entered into this 2,9 a of Y SG��ir►bel 2024, 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 2024-25 Seasonal Support (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-00002/1887797/1] 1 0.0 1 1 D 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 Seventy-Five Thousand Dollars ($75,000). 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-00002/1887797/1] 2 Cp.O 110 (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 shall 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, 2025 to be eligible for payment. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in the Project Budget will be paid by COUNTY. A minimum of fifty percent (50%) of tourist development tax funding must be spent on marketing. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2024 and September 30, 2025. • [04-CMG-00002/1887797/1] 3 OCP1/4° 1 1 0 (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 20,2025. The Final Status Report includes: 1)Analysis of Visitor Survey [04-CMG-00002/1887797/1] 4 GAO 1 1 D 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 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 [04-CM0-00002/1887797/1] 5 CAO 1 1 D construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. 8. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Kathleen vanBergen, CEO and President Artis—Naples, Inc. 5833 Pelican Bay Boulevard Naples, Florida 34108 KvanBergen@artisnaples.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.Melleky@colliercountyfl.gov The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE, or its vendors or subcontractors, as an agent or employee of the COUNTY. 10. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this Agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. [04-CMG-00002/1887797/1] 6 CAO 1 1 D 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 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-00002/1887797/1] 7 GAO 1 1 D 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, 2024 and shall remain effective for one year until September 30,2025. 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-00002/1887797/1] 8 CAO 1 1 D 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-00002/1887797/I] 9 GAO 1 1 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. ZEL,Clerk COLL COUNTY, FLORIDA • By: Attest s t Choi man's Chris Flail, Chairman Approved as to form and legality: olleen M. Greene Assistant County Attorney GRANTEE: ARTIS—NAPLES, INC. BY: Il Printed/Typed Name l � Printed/Typed Title [04-CMG-00002/1887797/1] 10 • CAO 1 1 D ARTIS-NAPLES EXHIBIT "A" Project Budget Eligible exhibit costs,production costs, and reimbursable visitor marketing activities. A minimum of fifty percent (50%) of tourist development tax funding must be spent on marketing. Total Funding—Not to Exceed: S7.5,000.00 [04-CMG-00002/1887797/1] 11 GPO 1 1 D 2024 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND ART LEAGUE OF MARCO ISLAND, INC. d/b/a MARCO ISLAND CENTER FOR THE ARTS NON-COUNTY OWNED/OPERATED MUSEUMS GRANT THIS AGREEMENT is made and entered into this 24 day of 5,20c4er , 2024, 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 2024-25 Seasonal Support (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-00002/1887796/1] 1 CAO 1 1 D 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 Thirty-Five Thousand Dollars ($35,000). 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-00002/1887796/1] 2 CAO 1 1 D (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 shall 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, 2025 to be eligible for payment. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in the Project Budget will be paid by COUNTY. A minimum of fifty percent (50%) of tourist development tax funding must be spent on marketing. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2024 and September 30, 2025. [04-CMG-00002/1887796/1] 3 CAO 1 1 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 20,2025. The Final Status Report includes: 1)Analysis of Visitor Survey [04-CMG-00002/1887796/1] 4 CAO 1 1 D 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 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 [04-CMG-00002/1887796/1] 5 CAO 1 1 D construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. 8. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Hyla Crane, Executive Director Art League of Marco Island, Inc. d/b/a Marco Island Center for the Arts 1010 Winterberry Drive Marco Island, Florida 34145 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.Melleky@colliercountyfl.gov The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE, or its vendors or subcontractors, as an agent or employee of the COUNTY. 10. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this Agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. [04-CMG-00002/1887796/1] 6 CAO 1 1 D 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 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-00002/1887796/1] 7 GAO 1 1 D 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, 2024 and shall remain effective for one year until September 30,2025. 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-00002/1887796/1] 8 CAO 1 1 D 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-00002/1887796/1] 9 CAC) 1 1 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 a .to Ch CRYSTAL N1EL,Clerk COLLI R COUNTY, FLORIDA � a�' By: Atte• , -`f►a Sire 6n1Y: Chris Hall, Chairman Approved as to form nd legality: ,/1)0 Col een M. Greene Assistant County Attorney GRANTEE: ART LEAGUE OF MARCO ISLAND, INC. BY: 1G Hyla Crane Printed/Typed Name Executive Director Printed/Typed Title [04-CMG-00002/1887796/I] I 0 `�• CAO 1 1 D ART LEAGUE OF MARCO ISLAND, INC. d/b/a MARCO ISLAND CENTER FOR THE ARTS EXHIBIT "A" Project Budget Eligible exhibit costs,production costs, and reimbursable visitor marketing activities. A minimum of fifty percent (50%) of tourist development tax funding must be spent on marketing. Total Funding— Not to Exceed: $35,000.00 [04-CMG-00002/1887796/1] 11 GAO 1 1 D 2024 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE NAPLES PLAYERS, INC. NON-COUNTY OWNED/OPERATED MUSEUMS GRANT THIS AGREEMENT is made and entered into this 2`( day of Sep ,ber , 2024, by and between The Naples Players, 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 2024-25 Seasonal Support (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-00002/1887811/11 1 CAO 1 1 D 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 Seventy-Five Thousand Dollars ($75,000). 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-00002/1887811/1] 2 CAO 1 1 D (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 shall 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, 2025 to be eligible for payment. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in the Project Budget will be paid by COUNTY. A minimum of fifty percent (50%) of tourist development tax funding must be spent on marketing. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2024 and September 30, 2025. [04-CMG-00002/1 8878 1 1/1] 3 CAO 1 1 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 20,2025. The Final Status Report includes: 1)Analysis of Visitor Survey [04-CMG-00002/1887811/1] 4 CAO 1 1 D 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 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 [04-CMG-00002/I 887811/1] 5 CAO 1 1 D 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: Bryce Alexander, CEO The Naples Players, Inc. 701 5th Avenue South Naples, Florida 34102 balexander@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.Melleky(a,colliercountyfl.gov The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE, or its vendors or subcontractors, as an agent or employee of the COUNTY. 10. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this Agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. [04-CMG-00002/1887811/1] 6 CAO 11rs 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 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-00002/1887811/1] 7 CAO 1 1 1 D 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, 2024 and shall remain effective for one year until September 30,2025. 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-00002/1887811/1] 8 GO) 1 1 D 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-00002/1887811/1] 9 CAO 1 1 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 . ZEL,Clerk COLLIER COUNTY, FLORIDA By: eititigait Atte 'to Ehairrnan s gnature only Chris Hall, Chairman Approv-d :s to form an' egality: Ifl3'1 /14r/, Colleen M. Greene Assistant County Attorney GRANTEE: THE NAPLES PLAYERS, INC. BY: a �� Bryce Alexander Printed/Typed Name CEO Printed/Typed Title 6 , • [04•CMG-00002/188781 I/l] 10 CAO 11 [Y THE NAPLES PLAYERS, INC. EXHIBIT "A" Project Budget Eligible exhibit costs,production costs, and reimbursable visitor marketing activities. A minimum of fifty percent (50%) of tourist development tax funding must be spent on marketing. Total Funding—Not to Exceed: S75,000.00 [04-CMG-00002/1887811/1] II CAO 1 1 D 2024 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE HOLOCAUST MUSEUM & EDUCATION CENTER OF SOUTHWEST FLORIDA, INC. NON-COUNTY OWNED/OPERATED MUSEUMS GRANT THIS AGREEMENT is made and entered into this 2.4 day of Seetc,,b er , 2024, by and between The Holocaust Museum& Education Center of Southwest Florida, 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 2024-25 Seasonal Support (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-00002/1887809/1] 1 CAO 1 1 D 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 Twelve Thousand Dollars($12,000). 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-00002/1887809/1] 2 CAO 1 1 D (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 shall 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, 2025 to be eligible for payment. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in the Project Budget will be paid by COUNTY. A minimum of fifty percent (50%) of tourist development tax funding must be spent on marketing. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2024 and September 30, 2025. [04-CMG-00002/1887809/1] 3 CAO 1 1 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 20,2025. The Final Status Report includes: 1)Analysis of Visitor Survey [04-CMG-00002/1887809/1] 4 CAO 1 1 D 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 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 [04-CMG-00002/1887809/1] 5 CAO 1 1 D 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 The Holocaust Museum & Education Center of Southwest Florida, Inc. 975 Imperial Golf Course Blvd., Suite 108 Naples, Florida 34110 Susan@hmcec.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.Melleky@colliercountyfl.gov The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE, or its vendors or subcontractors, as an agent or employee of the COUNTY. 10. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this Agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. [04-CMG-00002/1887809/1] 6 CAO 1 1 D 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 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-00002/1887809/1] 7 CAC; 1 1 D 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, 2024 and shall remain effective for one year until September 30,2025. 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-00002/1887809/1] 8 CAO 1 1 D 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-00002/1887809/1] 9 CAO 1 1 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 COUNTY, FLORIDA By: 646,4, Attet s Chairman's si nature only Chris Hall, Chairman Approved as to forma legality: eel/110 Colleen M. Greene Assistant County Attorney GRANTEE: THE HOLOCAUST MUSEUM & EDUCATION CENTER OF SWFL, INC. Swam&web BY: Susan Suarez(Sep 4,202410:48 EDT) Susan Suarez Printed/Typed Name President & CEO Printed/Typed Title [04-CMG-00002/1887809/I] I 0 CAO 1 1 D THE HOLOCAUST MUSEUM & EDUCATION CENTER OF SOUTHWEST FLORIDA, INC. EXHIBIT "A" Project Budget Eligible exhibit costs,production costs,and reimbursable visitor marketing activities. A minimum of fifty percent (50%) of tourist development tax funding must be spent on marketing. Total Funding—Not to Exceed: S12,000.00 CAO [04-CMG-00002/1887809/1] 11 1 1 D 2024 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE GOLISANO CHILDREN'S MUSEUM OF NAPLES, INC. NON-COUNTY OWNED/OPERATED MUSEUMS GRANT THIS AGREEMENT is made and entered into this Zf 'day of ,ejkri,ioz- , 2024, by and between The Golisano Children's Museum of Naples, Inc., a Florida not-for-profit corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Collier County Tourism Ordinance provides that certain of the revenues generated by the Tourist Development Tax 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 2024-25 Seasonal Support (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-00002/1887808/1] 1 CAO 1 1 NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: (a) In accordance with the authorized expenditures as set forth in the Budget, attached hereto as Exhibit "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 Seventy-Five Thousand Dollars ($75,000). 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-00002/1887808/1] 2 CAO 1 1 D (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 shall 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, 2025 to be eligible for payment. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in the Project Budget will be paid by COUNTY. A minimum of fifty percent (50%) of tourist development tax funding must be spent on marketing. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2024 and September 30, 2025. [04-CMG-00002/1887808/1] 3 0,0 1 1 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 20,2025. The Final Status Report includes: 1)Analysis of Visitor Survey [04-CMG-00002/1887808/1] 4 CAO 1 1 D 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 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 [04-CMG-00002/1887808/1] 5 CAO 1 1 D 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: Jonathan Foerster, CEO The Golisano Children's Museum of Naples, Inc. 15080 Livingston Road Naples, Florida 34109 jfoerster@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.Melleky@colliercountyfl.gov The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE, or its vendors or subcontractors, as an agent or employee of the COUNTY. 10. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this Agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. [04-CMG-00002/1887808/I] 6 CAO 1 1 D 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 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-00002/1887808/1] 7 Cpp 1 1 D 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, 2024 and shall remain effective for one year until September 30,2025. 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-00002/1887808/1] 8 CAo) 1 1 D 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-00002/1887808/I] 9 CAO 1 1 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 h. ZEL; Clerk COLLI COUNTY, FLORIDA By: estas to Chairman's signature only Chris Hall, Chairman Approved as to form and legality: 1A4k- Colleen . Greene Assistant County Attorney GRANTEE: THE GOLISANO CHILDREN'S MUSEUM OF NAPLES, INC. BY: J Po Jonathan Forester Printed/Typed Name CEO Printed/Typed Title [04-CMG•00002/1887808/1J 16 CAO 1 1 D THE GOLISANO CHILDREN'S MUSEUM OF NAPLES, INC. EXHIBIT "A" Project Budget Eligible exhibit costs,production costs, and reimbursable visitor marketing activities. A minimum of fifty percent (50%) of tourist development tax funding must be spent on marketing. Total Funding— Not to Exceed: S75,000.00 [04-CMG-00002/1887808/1] 11 CAO 1 1 D 2024 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES ZOO, INC. NON-COUNTY OWNED/OPERATED MUSEUMS GRANT THIS AGREEMENT is made and entered into this 24 day of }C,.,),er , 2024, by and between Naples Zoo, 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 2024-25 Seasonal Support (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. GAO [04-CMG-00002/1887806/1] I 1 1 D 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 Seventy-Five Thousand Dollars ($75,000). 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. CAS[04-CMG-00002/1887806/1] 2 1 1 D (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 shall 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, 2025 to be eligible for payment. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in the Project Budget will be paid by COUNTY. A minimum of fifty percent (50%) of tourist development tax funding must be spent on marketing. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2024 and September 30, 2025. [04-CMG-00002/1887806/1] 3 CPO 1 1 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 20,2025. The Final Status Report includes: 1)Analysis of Visitor Survey CAO [04-CMG-00002/1887806/1] 4 1 1 D 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 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 [04-CMG-00002/1887806/1] 5 cAo 1 1 D construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. 8. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Naples Zoo, Inc. Jack Mulvena, CEO 1590 Goodlette Road Naples, Florida 34102 iack@napleszoo.org All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: John Melleky, Arts and Culture Manager Collier County Tourism Department 2660 N. Horseshoe Drive Suite 105 Naples, Florida 34104 John.Melleky@colliercountyfl.gov The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE, or its vendors or subcontractors, as an agent or employee of the COUNTY. 10. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this Agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. [04-CMG-00002/1887806/1] 6 CPO 1 1 D 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 invgiced 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-00002/1887806/1] 7 CAO 1 1 D 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, 2024 and shall remain effective for one year until September 30,2025. 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-00002/1887806/1] 8 CAO 1 1 D 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-00002/1887806/1] 9 CAO 1 1 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 . NZEL, Clerk COLLI R COUNTY, FLORIDA 1 1 R�_� �.� By: 1//4414 o Chairman's gn�ture.dnty Chris Hall, Chairman Approved as to form d legality: 41i• 4 - Colleen M. Greene Assistant County Attorney GRANTEE: NAPLES ZOO, INC. BY: JackMuvena)Aug 29,202409:49 EDT) Jack Mulvena Printed/Typed Name President and CEO Printed/Typed Title (04-CMG-00002/1887806/I) I 0 fO 1 1 D NAPLES ZOO, INC. EXHIBIT "A" Project Budget Eligible exhibit costs,production costs,and reimbursable visitor marketing activities. A minimum of fifty percent (50%) of tourist development tax funding must be spent on marketing. Total Funding—Not to Exceed: $75,000.00 [04-CMG-00002/1887806/1] 11 0.0 1 1 D 2024 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND OPERA NAPLES, INC. NON-COUNTY OWNED/OPERATED MUSEUMS GRANT THIS AGREEMENT is made and entered into this 2day of SeP Q/ , 2024, 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-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 2024-25 Seasonal Support (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-00002/1887807/1] 1 CA C 1 1 Co 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 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. [04-CMG-00002/1887807/1] 2 CAO 1 1 D (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 shall 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, 2025 to be eligible for payment. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in the Project Budget will be paid by COUNTY. A minimum of fifty percent (50%) of tourist development tax funding must be spent on marketing. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2024 and September 30, 2025. [04-CMG-00002/1887807/1] 3 GAO 1 1 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, 2025. The Final Status Report includes: 1)Analysis of Visitor Survey [04-CMG-00002/1887807/1] 4 CAO 1 1 D 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 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 [04-CMG-00002/1887807/1] 5 CAO 1 1 D 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: Gerald Goldberg, General Manager Opera Naples, Inc. 2408 Linwood Avenue Naples, Florida 34112 info(a,operanaples.org All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: John Melleky, Arts and Culture Manager Collier County Tourism Department 2660 N. Horseshoe Drive Suite 105 Naples, Florida 34104 John.Melleky@colliercountyfl.gov The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE, or its vendors or subcontractors, as an agent or employee of the COUNTY. 10. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this Agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. [04-CMG-00002/1887807/1] 6 CAO 1 1 D 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 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-00002/1887807/1] 7 CNO 1 1 D 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, 2024 and shall remain effective for one year until September 30,2025. 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-00002/1887807/1] 8 C�+� 1 1 D 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-00002/1887807/1] 9 CAO 1 1 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. .EL,Clerk COL E COUNTY,FLORIDA • ( By: ig ature only Chris Hall,Chairman Approv d as to form and egality: 11/0/1)/1/1 olleen M. Greene Assistant County Attorney GRANTEE: OPERA NAPLES,INC. BY: Printed/Typed Name u'vg.- 0 ; c :imi pt-..�ldP.-.ct.+-4- Printed/i yped Title C O". .d GAO 101-CMG-00002/I B87R07/I1 10 1 1 D OPERA NAPLES, INC. EXHIBIT "A" Project Budget Eligible exhibit costs,production costs, and reimbursable visitor marketing activities. A minimum of fifty percent (50%) of tourist development tax funding must be spent on marketing. Total Funding— Not to Exceed: S55,000.00 [04-CMG-00002/188'7807/1] 11 GAO 1 1 D 2024 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES BOTANICAL GARDEN, INC. NON-COUNTY OWNED/OPERATED MUSEUMS GRANT THIS AGREEMENT is made and entered into this 2`I day of Seee,•,1 f , 2024, 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 2024-25 Seasonal Support (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-00002/1887805/1] 1 CPO 1 1 D 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 Seventy-Five Thousand Dollars ($75,000). 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-00002/1887805/I] 2 CAO 1 1 D (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 shall 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, 2025 to be eligible for payment. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in the Project Budget will be paid by COUNTY. A minimum of fifty percent (50%) of tourist development tax funding must be spent on marketing. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2024 and September 30, 2025. [04-CMG-00002/1887805/1] 3 CAO 1 1 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, 2025. The Final Status Report includes: 1)Analysis of Visitor Survey [04-CMG-00002/1887805/1] 4 CAO 1 1 D 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 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 CAO [04-CMG-00002/1887805/1] 5 1 1 D 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: Donna McGinnis, Pesident and CEO Naples Botanical Garden, Inc. 4820 Bayshore Drive Naples, Florida 34112 dmcginnis@naplesgarden.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.Melleky@colliercountyfl.gov The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE, or its vendors or subcontractors, as an agent or employee of the COUNTY. 10. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this Agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. [04-CMG-00002/1887805/1] 6 CAO 1 1 D 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 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-00002/1887805/1] 7 CAO 11 D 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, 2024 and shall remain effective for one year until September 30,2025. 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-00002/1887805/1] 8 CAO 1 1 D 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-00002/1887805/1] 9 CAO 1 1 D 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. 4; 4 y 2 ATTEST: " ,` : a BOARD OF COUNTY COMMISSIONERS CRYSTAL K K ZEL, Clerk COLLIER COUNTY,FLORIDA Attest a to halrma By: • sign um only Chris Hall, Chairman A..ro -d as to form alegality: àiii/,ri1k3 &L Colleen M. Greene Assistant County Attorney GRANTEE: NAPLES BOTANICAL GARDEN,INC. BY: a°""d n11' Donna McGinnis Printed/Typed Name President & CEO Printed/Typed Title [04-CMG-00002/1887805/1 J 10 CAO 11t, NAPLES BOTANICAL GARDEN, INC. EXHIBIT "A" Project Budget Eligible exhibit costs,production costs, and reimbursable visitor marketing activities. A minimum of fifty percent (50%) of tourist development tax funding must be spent on marketing. Total Funding— Not to Exceed: $75,000.00 [04-CMG-00002/1887805/1] 11 C:AC, 1 1 D 2024 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES ART DISTRICT, INC. NON-COUNTY OWNED/OPERATED MUSEUMS GRANT THIS AGREEMENT is made and entered into this ZY day of Seriventec , 2024, 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-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 2024-25 Seasonal Support (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-00002/1887804/1] 1 CAO 1 1 D 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 Fifty Thousand Dollars($50,000). GRANTEE shall be paid in accordance with the fiscal procedures of the County for the expenditures incurred as described in Paragraph One(1)herein upon submittal of a Request for Funds on the 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-00002/1887804/1] 2 G10 1 1 D (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 shall 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, 2025 to be eligible for payment. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in the Project Budget will be paid by COUNTY. A minimum of fifty percent (50%) of tourist development tax funding must be spent on marketing. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2024 and September 30, 2025. [04-CMG-00002/1887804/1] 3 cp,0 1 1 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, 2025. The Final Status Report includes: 1) Analysis of Visitor Survey CAO [04-CMG-00002/1887804/1] 4 1 1 D 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 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 [04-CMG-00002/1887804/1] 5 CAJ 1 1 D 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: Sandy Mahler and Steve Nagy, Co-Presidents Naples Art District, Inc. P. O. Box 111455 Naples, Florida 34108 naplesartdistrict.presidents@gmail.com All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: John Melleky, Arts and Culture Manager Collier County Tourism Department 2660 N. Horseshoe Drive Suite 105 Naples, Florida 34104 John.Melleky@colliercountyfl.gov The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE, or its vendors or subcontractors, as an agent or employee of the COUNTY. 10. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this Agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. [04-CMG-00002/1887804/11 6 GAO 1 1 D 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 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-00002/1887804/1] 7 CAO 1 1 D 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, 2024 and shall remain effective for one year until September 30,2025. 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-00002/1887804/1] 8 CAO 1 1 D 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-00002/1887804/1] 9 CAO 1 1 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. , •nax�� ATTEST: t' BOARD OF COUNTY COMMISSIONERS CRYSTAL. ZEL, Clerk COLL ER COUNTY,FLORIDA AAjlajk By: Ah ' gurfiairman's Chris Hall, Chairman signature only Approv- •s to form and la gality: A ' ''11n _i1 Co leen M. Greene Assistant County Attorney GRANTEE: NAPLES ART DISTRICT,INC. By: Steve Nagy Steve Nagy Printed/Typed Name Co-President Printed/Typed Title • rG rt 10 iOa-cn�c-00002/1887804/1i GAO 1 1 D NAPLES ART DISTRICT, INC. EXHIBIT "A" Project Budget I • Eligible exhibit costs,production costs,and reimbursable visitor marketing activities. A minimum of fifty percent(50%)Of tourist development tax funding must be spent on marketing. F Total Funding—Not to Exceed: $50,000.00 Signature: �— Steve Nagy(Aug 30,2024 21:47 EDT) Email: Naplesartdistrict.presidents@gmail.com Signature: �'/ILA. Sandee Mahler(Sep 3,2024 08:20 EDT) Email: naplesartdistrict.presidents@gmail.com t i 'h1 IY 4r� • [04-CMG-00002/1887804/11 11 CAO ) Agenda Item #: 11 D Tourist Development Tax Marketing Grants September 24, 2024 Name: AddresslPhone: Ceding Time To: lJ w (� t �( PLEASE PRINT CLEARLY COLLIER COUNTY ORDINANCE NO.2003-53,AS AMENDED BY ORDINANCE 2004-05 AND 2007-24,REQUIRES THAT ALL LOBBYIST SHALL,BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES(INCLUDING,BUT NOT LIMITED TO,ADDRESSING THE BOARD OF COUNTY COMMISSIONERS),REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT YOU ARE LIMITED TO THREE (3)MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF-PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING THEIR BUSINESS,PERSONAL POLITICKING OR OTHER FORMS OF SELF-PROMOTION WILL BE ASKED TO LEAVE THE PODIUM. PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS Agenda Item #: 11 D Tourist Development Tax Marketing Grants September 24, 2024 Name: Address/Phone: /VA: 137)7 Coo,% - I'C Ceding Time To: J ID/1 kM_ ,Q? — Lf 0 L.1 PLEASE PRINT CLEARLY COLLIER COUNTY ORDINANCE NO 2003-53,AS AMENDED BY ORDINANCE 2004-05 AND 2007-24,REQUIRES THAT ALL LOBBYIST SHALL,BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES(INCLUDING,BUT NOT LIMITED TO,ADDRESSING THE BOARD OF COUNTY COMMISSIONERS),REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT YOU ARE LIMITED TO THREE (3)MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF-PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING THEIR BUSINESS,PERSONAL POLITICKING OR OTHER FORMS OF SELF-PROMOTION WILL BE ASKED TO LEAVE THE PODIUM PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS Agenda Item #: 11 D Tourist Development Tax Marketing Grants September 24, 2024 Name: AddresslPhone: Ceding Time To: � QJ 3 V/e ( PLEASE PRINT CLEARLY COLLIER COUNTY ORDINANCE NO.2003-53,AS AMENDED BY ORDINANCE 2004-05 AND 2007-24,REQUIRES THAT ALL LOBBYIST SHALL,BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES(INCLUDING,BUT NOT LIMITED TO,ADDRESSING THE BOARD OF COUNTY COMMISSIONERS),REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF-PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING THEIR BUSINESS,PERSONAL POLITICKING OR OTHER FORMS OF SELF-PROMOTION WILL BE ASKED TO LEAVE THE PODIUM. PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS Agenda Item #: 11 D Tourist Development Tax Marketing Grants September 24, 2024 Name: Address/Phone: \ \\A\°L. 'CUL_ col.(AA(T„QA011.4e Ceding Time To: PLEASE PRINT CLEARLY COLLIER COUNTY ORDINANCE NO.2003-53,AS AMENDED BY ORDINANCE 2004-05 AND 2007-24,REQUIRES THAT ALL LOBBYIST SHALL,BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES(INCLUDING,BUT NOT LIMITED TO,ADDRESSING THE BOARD OF COUNTY COMMISSIONERS),REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT YOU ARE LIMITED TO THREE (3)MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF-PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING THEIR BUSINESS,PERSONAL POLITICKING OR OTHER FORMS OF SELF-PROMOTION WILL BE ASKED TO LEAVE THE PODIUM. PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS Agenda Item #: 11 D Tourist Development Tax Marketing Grants September 24, 2024 Name: Address/Phone: Ceding Time To: PLEASE PRINT CLEARLY COLLIER COUNTY ORDINANCE NO.2003-53,AS AMENDED BY ORDINANCE 2004-05 AND 2007-24,REQUIRES THAT ALL LOBBYIST SHALL,BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES(INCLUDING,BUT NOT LIMITED TO,ADDRESSING THE BOARD OF COUNTY COMMISSIONERS),REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF-PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING THEIR BUSINESS,PERSONAL POLITICKING OR OTHER FORMS OF SELF-PROMOTION WILL BE ASKED TO LEAVE THE PODIUM PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS Agenda Item #: 11D Tourist Development Tax Marketing Grants September 24, 2024 Name: Ad resslPhone: Atkce_ \c/L4sidda_ „) -Ay hs— KP-oLit--7 Ceding Time To: BLi PLEASE PRINT CLEARLY COLLIER COUNTY ORDINANCE NO.2003-53,AS AMENDED BY ORDINANCE 2004-05 AND 2007-24,REQUIRES THAT ALL LOBBYIST SHALL,BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES(INCLUDING,BUT NOT LIMITED TO,ADDRESSING THE BOARD OF COUNTY COMMISSIONERS),REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF-PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING THEIR BUSINESS,PERSONAL POLITICKING OR OTHER FORMS OF SELF-PROMOTION WILL BE ASKED TO LEAVE THE PODIUM. PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS Agenda Item #: 11 D Tourist Development Tax Marketing Grants September 24, 2024 Name: Address/Phone: /6'ko Vikij S/7---- \\IkkAt4-a A Rec., Ceding Time To: / PLEASE PRINT CLEARLY COLLIER COUNTY ORDINANCE NO.2003-53,AS AMENDED BY ORDINANCE 2004-05 AND 2007-24,REQUIRES THAT ALL LOBBYIST SHALL,BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES(INCLUDING,BUT NOT LIMITED TO,ADDRESSING THE BOARD OF COUNTY COMMISSIONERS),REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT YOU ARE LIMITED TO THREE(3)MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF-PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING THEIR BUSINESS,PERSONAL POLITICKING OR OTHER FORMS OF SELF-PROMOTION WILL BE ASKED TO LEAVE THE PODIUM. PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS Agenda Item #: 11 D Tourist Development Tax Marketing Grants September 24, 2024 Name: Address/Phone: Ceding Time To: Vj q i`j - LM 1 a3 — c\ — y1s6 PLEASE PRINT CLEARLY COLLIER COUNTY ORDINANCE NO.2003-53,AS AMENDED BY ORDINANCE 2004-05 AND 2007-24,REQUIRES THAT ALL LOBBYIST SHALL,BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES(INCLUDING,BUT NOT LIMITED TO,ADDRESSING THE BOARD OF COUNTY COMMISSIONERS),REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT YOU ARE LIMITED TO THREE (3)MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF-PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING THEIR BUSINESS,PERSONAL POLITICKING OR OTHER FORMS OF SELF-PROMOTION WILL BE ASKED TO LEAVE THE PODIUM. PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS