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Backup Documents 09/23/2025 Item #16F 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 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 1. 2. 3. County Attorney Office County Attorney Office CM (::5- °I (7/ 4. BCC Office Board of County Commissioners 5. Minutes and Records Clerk of Court's Office 9/3026 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above may need to contact staff for additional or missing information. Name of Primary Staff / Phone Number Contact/Department T \\-kCc of `u+-f-5 7(0 Agenda Date Item was Agenda Item Number L' Approved by the BCC —' Type of Document(s) Number of Original d Attached �- G Documents Attached I U K}C �'\--�-S PO number or account r 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) I. 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, 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.) 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. 7 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. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's 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 oni .1. 1ass and all changes made during N/A is not the meeting have been incorporated in the attached document. The County Attorney alt;M0 an option for Office has reviewed the changes,if applicable. 1 this line. 9. Initials of attorney verifying that the attached document is the version approved by the L. N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the Ok&I/W") an option for Chairman's signature. this line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04;Revise . .05;2.24.05;11/30/12;4/22/16;9/10/21 2025 TOURISM PROMOTION AGREEMENT BETWEEN COLLIER COUNTY AND FIFTH AVENUE SOUTH BUSINESS IMPROVEMENT DISTRICT,INC. MARKETING AND EVENT GRANT THIS AGREEMENT is made and entered into this 251 -day of ., __-__ , 2025, by and between Fifth Avenue South Business Improvement 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 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-00002/1963731/1] 1 C4 O (a) The GRANTEE shall expend the funds for the out-of-County promotion of GRANTEE'S marketing of the Project,in accordance with the authorized expenditures as set forth in the Budget, attached hereto as Exhibit"A." 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Twenty Thousand Dollars($20,000). GRANTEE shall be paid in accordance with the fiscal procedures of the County for the expenditures incurred for the Project upon submittal of a Request for Funds through the online system and shall submit evidence that the vendor invoices have been paid and samples of the promotional materials produced by that vendor or media outlet to the Tourism Director, or his designee, for review. Should these documents be unavailable, the GRANTEE may submit other legally viable evidence of payment subject to review and approval by the Clerk's Finance Department. (b) The Tourism Director, or his designee, shall determine that the invoice payments are authorized and that the goods or services covered by such invoice[s] have been provided or performed in accordance with such authorization. The budget attached as Exhibit "A" shall constitute authorization for the expenditure[s] described in the invoice[s]. (c) All expenditures shall be made in conformity with this Agreement. (d) The COUNTY shall not pay GRANTEE until the Clerk's Finance Department pre- audits all payment invoices in accordance with law. (e) GRANTEE shall be paid for its actual costs, not to exceed the maximum amount budgeted pursuant to the attached"Exhibit A." ( 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-00002/1 963 73 1/1] 2 CAL? i}s 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, 2026 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, 2025 and September 30, 2026. (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, 2026. The Final Status Report includes: 1) Analysis of Visitor Survey and [04-CMG-00002/196373 I/I] 3 CA0 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-00002/1963731/1] 4 CAO (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: Meg Stepanian, CEO Fifth Avenue South Business Improvement District,Inc 699 Fifth Avenue South, Suite 3418 Naples,Florida 34102 meg@fifthavenuesouth.com [04-CMG-00002/1963731/1] 5 CAS 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 othcr 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-00002/1963731/1] 6 GPO 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. GRAN YEE 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 1,2025 and shall remain effective for one year until September 30,2026. 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-00002/1963731/1] 7 is 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. AMENDMENTS:This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if applicable, i.e., if additional tourist development tax funds are requested. IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. [04-CMG-00002/1963731/1] 8 GPI ATTF ; BOARD OF COUNTY COMMISSIONERS CRYSTAL K.19N771EV, Clerk COLLIER COUNTY, FLORIDA • By: et'`as to 1h` irman's urt L. Saunders, Chairperson signature only Approved as to form and legality: leen M. Greene Assistant County Attorney GRANTEE: FIFTH AVENUE SOUTH BUSINESS IMPROVEMENT DISTRICT, INC. BY: MMega Stepanianp Meg Stepanian Printed/Typed Name Executive Director Printed/Typed Title [04-CMG-00002/1963731/I] 9 GPo EXHIBIT "A" FIFTH AVENUE SOUTH BUSINESS IMPROVEMENT DISTRICT,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: $20,000.00 0 [04-CMG-00002/1963731/1j 10 C.)1r Fifth Avenue South Business Improvement District TDT Grant Agreement FY 25-26 Final Audit Report 2025-08-28 Created: 2025-08-25 By: John Melleky(john.melleky@colliercountyfl.gov) Status: Signed Transaction ID: CBJCHBCAABAAJRA115O0R-rcFcjwo-ridsOOfVObaeeO "Fifth Avenue South Business Improvement District TDT Grant A greement FY 25-26" History t Document created by John Melleky (john.melleky@colliercountyfl.gov) 2025-08-25-6:47:00 PM GMT COY Document emailed to Meg Stepanian (meg@fifthavenuesouth.com)for signature 2025-08-25-6:47:06 PM GMT t Email viewed by Meg Stepanian (meg@fifthavenuesouth.com) 2025-08-27-7:35:48 PM GMT Document e-signed by Meg Stepanian (meg@fifthavenuesouth.com) Signature Date:2025-08-28-8:28:28 PM GMT-Time Source:server Q Agreement completed. 2025-08-28-8:28:28 PM GMT Q Adobe Acrobat Sign 2025 TOURISM PROMOTION AGREEMENT BETWEEN COLLIER COUNTY AND FLORIDA STONE CRABBERS ASSOCIATION, INC. MARKETING AND EVENT GRANT THIS AGREEMENT is made and entered into this 2.3!day of 5 de , 2025, 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-00002/1963727/1] 1 GAO (a) The GRANTEE shall expend the funds for the out-of-County promotion of GRANTEE'S marketing of the Project, in accordance with the authorized expenditures as set forth in the Budget, attached hereto as Exhibit"A," 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Twenty Thousand Dollars ($20,000). GRANTEE shall be paid in accordance with the fiscal procedures of the County for the expenditures incurred for the Project upon submittal of a Request for Funds through the online system and shall submit evidence that the vendor invoices have been paid and samples of the promotional materials produced by that vendor or media outlet to the Tourism Director, or his designee, for review. Should these documents be unavailable, the GRANTEE may submit other legally viable evidence of payment subject to review and approval by the Clerk's Finance Department. (b) The Tourism Director, or his designee, shall determine that the invoice payments are authorized and that the goods or services covered by such invoice[s] have been provided or performed in accordance with such authorization. The budget attached as Exhibit "A" shall constitute authorization for the expenditure[s] described in the invoice[s]. (c) All expenditures shall be made in conformity with this Agreement. (d) The COUNTY shall not pay GRANTEE until the Clerk's Finance Department pre-audits all payment invoices in accordance with law. (e) GRANTEE shall be paid for its actual costs, not to exceed the maximum amount budgeted pursuant to the attached"Exhibit A." (f) With a goal to promote overnight visitation, expenditures with print publications, broadcast, digital, email, and social platforms shall be placed in media that runs outside of [04-CMG-00002/1963727/1] 2 CAO Collier County or in media in Collier County that is directed toward tourists. Media that includes Collier County as part of a regional package can be included. Reimbursement of any campaigns will be reimbursed up to the percentage of distribution outside of Collier County. [Distribution percentages for outside of Collier County media and promotional materials will be based on documentation provided by GRANTEE.] (g) Services or product must be delivered and paid for by GRANTEE between the effective dates of this Agreement. (h) All requests for reimbursement must be received by September 30, 2026 to he 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, 2025 and September 30,2026. (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, 2026. The Final Status Report includes: 1) Analysis of Visitor Survey and [04-CMG-00002/1963727/I] 3 C40 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). CAO [04-CMG-00002/1963727/1] 4 (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 22855 SR 29 Jerome, Florida 34141 seafoodfestboard@gmail.com [04-CMG-00002/1963727/l] 5 CPO 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.Mellelcy@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-00002/1963727/1] 6 Cp,0 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, 2025 and shall remain effective for one year until September 30, 2026. If the project is not completed within the term of this Agreement, all unreleased funds shall be retained by the COUNTY. Any extension of this [04-CMG-00002/1963727/1] 7 CPS 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. AMENDMENTS:This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if applicable, i.e., if additional tourist development tax funds are requested. IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. [04-CMG-00002/1963727/1] 8 0 ATTT "- BOARD OF COUNTY COMMISSIONERS CRYSTAL Tf.:KINZEL, Clerk COLLIER COUNTY, FLORIDA egreigrATA"- �.0 .• By: :/C411P ;th3t: s 'yYG{'tiairman's ur L. Saunders, Chairperson sig ure only Approved as to form an egality: o ee . Greene Assistant County Attorney GRANTEE: FLORIDA STONE CRABBERS ASSOCIATION, INC. BY: Holly Du (A 26,2025 15:31:23 EDT) Holly Dudley Printed/Typed Name Director Printed/Typed Title [04-CMG-00002/1963727/1] 9 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: $20,000.00 CAO [04-CMG-00002/1963727/1] I 0 Florida Stone Crabbers Association TDT Grant Agreement FY 25-26 Final Audit Report 2025-08-26 Created: 2025-08-25 By: John Melleky(john.melleky@colliercountyfl.gov) Status: Signed Transaction ID: CBJCHBCAABAAR78ZBAj9QQ1q_VX49-1cSOObm6bA9ciT "Florida Stone Crabbers Association TDT Grant Agreement FY 2 5-26" History 'J Document created by John Melleky (john.melleky@colliercountyfl.gov) 2025-08-25-6:50:14 PM GMT El+ Document emailed to Holly Dudley(seafoodfestboard@gmail.com)for signature 2025-08-25-6:50:20 PM GMT ,n Email viewed by Holly Dudley(seafoodfestboard@gmail.com) 2025-08-26-7:30:07 PM GMT G`i) Document e-signed by Holly Dudley(seafoodfestboard@gmail.com) Signature Date:2025-08-26-7:31:23 PM GMT-Time Source:server f�J Agreement completed. 2025-08-26-7:31:23 PM GMT 0 Adobe Acrobat Sign 2025 TOURISM PROMOTION AGREEMENT BETWEEN COLLIER COUNTY AND GULF COAST ORCHID ALLIANCE,INC. MARKETING AND EVENT GRANT THIS AGREEMENT is made and entered into this 23 day of Serie4jer , 2025, by and between Gulf Coast Orchid Alliance,Inc., a Florida not-for-profit corporation,hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, I 3 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 k� 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-00002J1963732/1] 1 (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-00002/1963732/I] 2 County or in media in Collier County that is directed toward tourists. Media that includes Collier ! j 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, 2026 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, 2025 and September 30,2026. (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, 2026. The Final Status Report includes: 1) Analysis of Visitor Survey and [04-CMG-00002/1963732/1] 3 c.`� Attendance;2)Financial Analysis; and 3)Marketing Plan Results,and is subject to review by the Tourism Director or Designee. i (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-00002/1963732/1] 4 (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 perfonance 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: Elaine Gates,Board President Gulf Coast Orchid Alliance, Inc. P.O. Box 110263 Naples,Florida 34108 napleselaine( gmail.com [04-CMG-00002/196373211] 5 0, 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 theeffective date of the termination so long as such expenses are eligible. [CM-CMG-00002/1963732MI] 6 0 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: GRAN I'EE 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 1,2025 and shall remain effective for one year until September 30,2026. If the project is not completed within the term of this Agreement, all umreleased funds shall be retained by the COUNTY. Any extension of this Agreement beyond [04-CMG-00002/1963732/1] 7 �� • the one (1)year term in order to complete the Project must be at the express consent of the Collier County Board of County Commissioners. The GRANTEE must request any extension of this term in writing at least sixty (60)days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional ninety (90) days. Amendments shall be in writing and approved by the Board of County Commissioners. 17. EVALUATION OF TOURISM IMPACT: GRANTEE shall provide the data in the Final Status Report for the Tourism Department to determine the Tourism Impact,using industry calculators. I 1 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. AMENDMENTS:This Agreement may only be amended by mutual written • agreement of the parties, after review by the Collier County Tourist Development Council if applicable, i.e., if additional tourist development tax funds are requested. IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. • • [04-CMG-00002/1963732/1] 8 `bfro ATTEST-:'• BOARD OF COUNTY COMMISSIONERS CRYSTAL K.KINZEL, Clerk COLLIER COUNTY, FLORIDA By: . 4 - �� Ct►ra�rrn an's 4. Sandeihaerson 1 tilelattiket b ttjl proved s to form and legality: olleen . Greene Assistant County Attorney GRANTEE: GULF COAST ORCHID ALLIANCE,INC. Elaine Gates BY: 1W^,G...Aux 22,2027 o322 S9 E OT) Elaine Gates Printed/Typed Name President Printed/Typed Title (04-CMG-0000211963732/1) 9 0 EXHIBIT"A" GULF COAST ORCHID ALLIANCE,INC. Project Budget Promotion of arts and culture activities. A minimum of fifty percent(50%)of tourist development tax finding must be spent on marketing. Total Funding—Not to Exceed: $2,500.00 [04-CMG-00002/1963732/1) 10 OVO Gulf Coast Orchid Alliance, Inc TDT Grant Agreement FY 25-26 Final Audit Report 2025-08-28 Created: 2025-08-25 By: John Melleky Qohn.melleky@colliercountyfl.gov) Status: Signed Transaction ID: CBJCHBCAABAAsEIKFLbifkXklz 7VWYxVBHhtw IRiK5 "Gulf Coast Orchid Alliance, Inc TDT Grant Agreement FY 25-26 " History t Document created by John Melleky(john.melleky@colliercountyfl.gov) 2025-08-25-6:54:15 PM GMT E. Document emailed to Elaine Gates(napleselaine@gmail.com)for signature 2025-08-25-6:54:25 PM GMT t Email viewed by Elaine Gates(napleselaine@gmail.com) 2025-08-25-8:36:27 PM GMT f„ Document e-signed by Elaine Gates(napleselaine@gmail.com) Signature Date:2025-08-28-1:22:59 PM GMT-Time Source:server e? Agreement completed. 2025-08-28-1:22:59 PM GMT Adobe Acrobat Sign 2025 TOURISM PROMOTION AGREEMENT BETWEEN COLLIER COUNTY AND GULFSHORE OPERA,INC. MARKETING AND EVENT GRANT THIS AGREEMENT is made and entered into this 23 day of .5e f , 2025, 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-00002/1963721/1] 1 CAO (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 2 [04-CMG-00002/1963721/1) CAO is 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, 2026 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, 2025 and September 30, 2026. (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, 2026. The Final Status Report includes: 1) Analysis of Visitor Survey and C'A0 [04-CMG-00002/1963721/I] 3 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-00002/1963721/1] 4 C140 (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@gulfshoreopera.org gulfshoreopera.org c> [04-CMG-00002/1963721/1] 5 90 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 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. is [04-CMG-00002/1963721/1] 6 0 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, 2025 and shall remain effective for one year until September 30,2026. 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-00002/1963721/1] 7 CAQ 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. AMENDMENTS:This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if applicable, i.e., if additional tourist development tax funds are requested. IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. [04-CMG-00002/1963721/1] 8 cAo ATTESh ), BOARD OF COUNTY COMMISSIONERS CRYSTAL I :I `GL,Clerk COLLIER COUNTY, FLORIDA 1... AL By. ,i �•-sf OPT Chairman's Bu444,)#/....letledgipsibia-- aunders, irperson signature only A proved as to form and legality: L • olleen M. Greene Assistant County Attorney GRANTEE: GULFSHORE OPERA, INC. BY: /' _ Steffanie Pearce Printed/Typed Name General Director Printed/Typed Title [04-CMG-00002/1963721/1] 9 Cq0 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: $22,500.00 [04-CMG-00002/1963721/I] 10 CAU Gulfshore Opera, Inc TDT Grant Agreement FY 25-26 Final Audit Report 2025-08-27 Created: 2025-08-25 By: John Melleky(john.melleky@colliercountyfl.gov) Status: Signed Transaction ID: CBJCHBCAABAAbGoQp1_4JDZaNVv-vxwMxHlFxHohdkwm "Gulfshore Opera, Inc TDT Grant Agreement FY 25-26" History t Document created by John Melleky (john.melleky@colliercountyfl.gov) 2025-08-25-6:58:22 PM GMT 17: Document emailed to Steffanie Pearce (steffanie@gulfshoreopera.org)for signature 2025-08-25-6:58:28 PM GMT t Email viewed by Steffanie Pearce (steffanie@gulfshoreopera.org) 2025-08-27-1:24:04 PM GMT 4, Document e-signed by Steffanie Pearce (steffanie@gulfshoreopera.org) Signature Date:2025-08-27-1:25:03 PM GMT-Time Source:server © Agreement completed. 2025-08-27-1:25:03 PM GMT Es Adobe Acrobat Sign 2025 TOURISM PROMOTION AGREEMENT BETWEEN COLLIER COUNTY AND SERAPHIC FIRE,INC. MARKETING AND EVENT GRANT THIS AGREEMENT is made and entered into this 23 day of S k,je>- , 2025, 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/I963733/I] 1 GAO (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 Five Thousand Dollars($5,000). 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/I963733/1] 20 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, 2026 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, 2025 and September 30, 2026. (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, 2026. The Final Status Report includes: 1) Analysis of Visitor Survey and CA0 [04-CMG-00002/1963733/1] 3 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 GRAN FEE 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-00002/1963733/1] 4 CPO Ei (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: Daniel Yanez, CEO Seraphic Fire, Inc. 2153 Coral Way, Suite 401 Miami,Florida 33145 danny@seraphicfire.org [04-CMG-00002/1963733/I] 5 0,0 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 [04-CMG-00002/1963733/1] 6 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, 2025 and shall remain effective for one year until September 30,2026. 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 0 [04-CMG-00002/1963733/1] 7 6 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 Ieast 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. AMENDMENTS:This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if applicable, i.e., if additional tourist development tax funds are requested. IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. [04-CMG-00002/1963733/1] 8 pd° ATTE4, .`,y 1 BOARD OF COUNTY COMMISSIONERS CRY 3`AL K. Kwz L,=Clerk COLLIER COUNTY, FLORIDA .5,,___... 4._ , :, By: ` st s a Chairman's u L. Saunders, Ohairperson ignature only Approved as to form and 1 ality: , olleen . Greene Assistant County Attorney GRANTEE: SERAPHIC FIRE, INC. BY: '—'--4---- Daniel Yanez Printed/Typed Name Executive Director Printed/Typed Title [04-CMG-00002/1963733/I] 9 CAO 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: $5,000.00 [04-CMG-00002/1963733/I] 10 CA0 Seraphic Fire, Inc TDT Grant Agreement FY 25-26 Final Audit Report 2025-08-25 Created: 2025-08-25 By: John Melleky(john.melleky@colliercountyfl.gov) Status: Signed Transaction ID: CBJCHBCAABAAOxIYx8mfM3eG3pBNdRIzDXsCUvgla58u "Seraphic Fire, Inc TDT Grant Agreement FY 25-26" History t Document created by John Melleky (john.melleky@colliercountyfl.gov) 2025-08-25-7:02:04 PM GMT 17.2. Document emailed to Daniel Yanez (danny@seraphicfire.org) for signature 2025-08-25-7:02:11 PM GMT ,t Email viewed by Daniel Yanez (danny@seraphicfire.org) 2025-08-25-7:05:35 PM GMT d© Document e-signed by Daniel Yanez (danny@seraphicfire.org) Signature Date:2025-08-25-7:16:39 PM GMT-Time Source:server O Agreement completed. 2025-08-25-7:16:39 PM GMT es Adobe Acrobat Sign 2025 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"h day of )ctik.AL , 2025, 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-00002/1963734/1] 1 CAO (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 Fourteen Thousand Dollars($14,000). 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) GRAN 1'EE 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-00002/1963734/1] 2 GAO 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, 2026 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, 2025 and September 30, 2026. (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, 2026. The Final Status Report includes: 1) Analysis of Visitor Survey and [04-CMG-00002/1963734/1] 3 0 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). 4 [04-CMG-00002/1963734/I] 4 (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 Elysia(a�unitedartscollier.org is [04-CMG-00002/1963734/1] 5 04 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 [04-CMG-00002/1963734/l] 6 U 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, 2025 and shall remain effective for one year until September 30,2026. 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/I963734/l] 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: GRAN FEE 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. AMENDMENTS:This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if applicable, i.e., if additional tourist development tax funds are requested. • IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. it 0 [04-CMG•00002/1963734/1] 8 ATTES „ . ' '1` qt. BOARD OF COUNTY COMMISSIONERS CRYSTA"I{ ,r;� IN4i,;'Clerk COLLIER COUNTY, FLORIDA I; By:Atte 'as o. •hai-Alan's B4e4.#44111440044.' Saunders, hairperson sigatUfe`8nly oved as to form nd legality: olleen M. Greene Assistant County Attorney GRANTEE: UNITED ARTS COUNCIL OF COLLIER COUNTY, INC. BY: 1 tspa Dawn Elysia Dawn Printed/Typed Name Chief Executive Officer Printed/Typed Title rAO [04-CMG-00002/1963734/1] 9 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: S14,000.00 GAO [04-CMG-00002/1963734/1] I0 United Arts Council of Collier County, Inc TDT Grant Agreement FY 25-26 Final Audit Report 2025-08-28 Created: 2025-08-25 By: John Melleky(john.melleky@colliercountyfl.gov) Status: Signed Transaction ID: CBJCHBCAABAA8ispjC5ZSrxBLCkLStnA0XD4KEb7oW1R "United Arts Council of Collier County, Inc TDT Grant Agreement FY 25-26" History '5 Document created by John Melleky (john.melleky@colliercountyfl.gov) 2025-08-25-7:05:37 PM GMT IP4 Document emailed to Elysia Dawn (elysia@unitedartscollier.org)for signature 2025-08-25-7:05:43 PM GMT t Email viewed by Elysia Dawn (elysia@unitedartscollier.org) 2025-08-28-7:12:39 PM GMT A, Document e-signed by Elysia Dawn (elysia@unitedartscollier.org) Signature Date:2025-08-28-7:14:47 PM GMT-Time Source:server © Agreement completed. 2025-08-28-7:14:47 PM GMT Adobe Acrobat Sign 2025 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND ARTIS-NAPLES,INC. NON-COUNTY OWNED/OPERATED MUSEUMS GRANT THIS AGREEMENT is made and entered into this 23r4day of 5e.e 1e✓ , 2025, 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 2025-26 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-00002/1963735/1] 1 Cqa 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-00002/1963735/1] 2 C40 (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, 2026 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, 2025 and September 30,2026. [0,1-CMG-00002/I 963735/1] 3 (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 20,2026. The Final Status Report includes: 1)Analysis of Visitor Survey [04-CMG-00002/1963735/1] 4 CAO 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-00002/1963735/1l 5 CAO 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 van Bergen, 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 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/I963735/1] 6 CAO 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-00002/1963735/1] 7 CAO 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, 2025 and shall remain effective for one year until September 30,2026. 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 team 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. AMENDMENTS: CAD [04-CMG-00002/1963735/1] 8 This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if applicable, i.e., if additional tourist development tax funds are requested. IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. `.;,cog'• 134I*R0, • ATTEST: ', -;... ' , <� BOARD OF COUNTY COMMISSIONERS CRYS 'A ,I .KINZEL,$Merk COLLIER COUNTY, FLORIDA By: airpe , s1 -- Att6st„. o. airman's B rt . Saunders, rson signature c niy pro ie as to form nd legality: 7171 olleen M. Greene Assistant County Attorney GRANTEE: ARTIS-NAPLES, INC. BY: Kathleen Van Bergen(Aug 26,202514:38:46 EDT) '.. Kathleen Van Bergen Printed/Typed Name CEO& President Printed/Typed Title CAO [04-CMG-00002/1963735/1] 9 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: $75,000.00 [04-CMG-00002/1963735/I] I 0 CAO Artis-Naples, Inc TDT Grant Agreement FY 25-26 Final Audit Report 2025-08-26 Created: 2025-08-25 By: John Melleky(john.melleky@colliercountyfl.gov) Status: Signed Transaction ID: CBJCHBCAABAAMcNUgj3_kWszy_ywvjfVQRFbraFfHtPN "Artis-Naples, Inc TDT Grant Agreement FY 25-26" History 5 Document created by John Melleky(john.melleky@colliercountyfl.gov) 2025-08-25-7:17:46 PM GMT Document emailed to Kathleen Van Bergen (kvanbergen@artisnaples.org)for signature 2025-08-25-7:17:52 PM GMT 5 Email viewed by Kathleen Van Bergen (kvanbergen@artisnaples.org) 2025-08-25-8:21:08 PM GMT CS© Document e-signed by Kathleen Van Bergen (kvanbergen@artisnaples.org) Signature Date:2025-08-26-6:38:46 PM GMT-Time Source:server Agreement completed. 2025-08-26-6:38:46 PM GMT Adobe Acrobat Sign 2025 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 e3(day of Ll , 2025, 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 WI-IEREAS, 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 2025-26 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-00002/1963736/1] 1 CA() NOW, THEREFORE,BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: (a) In accordance with the authorized expenditures as set forth in the Budget, attached hereto as Exhibit"A,"the GRANTEE shall expend the funds for the out of County promotion of GRANTEE'S marketing of the Project. 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Forty Thousand Dollars($40,000). GRANTEE shall be paid in accordance with the fiscal procedures of the County for the expenditures incurred as described in Paragraph One(1)herein upon submittal of a Request for Funds on the online application and shall submit evidence that the vendor invoices have been paid and samples of the promotional materials produced by that vendor or media outlet to the Tourism Director, or his designee, for review. Should these documents be unavailable, the GRANTEE may submit other legally viable evidence of payment subject to review and approval by the Clerk's Finance Department. (b) The Tourism Director, or his designee, shall determine that the invoice payments are authorized and that the goods or services covered by such invoice[s] have been provided or performed in accordance with such authorization. The budget attached as Exhibit "A" shall constitute authorization for the expenditure[s] described in the invoice[s]. (c) All expenditures shall be made in conformity with this Agreement. (d) The COUNTY shall not pay GRANTEE until the Clerk's Finance Department pre- audits all payment invoices in accordance with law. [04-CMG-00002/190736/1] 2 CAO (c) 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, 2026 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, 2025 and September 30,2026. CAO [04-CMG-00002/1963736/I J 3 (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 20,2026. The Final Status Report includes: 1)Analysis of Visitor Survey [04-CMG-00002/1963736/1] 4 CAO 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 I GRANTEE in the performance of this Agreement. This indemnification obligation shall not be is [04-CMG-00002/1963736/1] 5 GAO 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 ifoerster@cmon.org 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. CAO [04-CMG-00002/I963736/1] 6 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-00002/1963736/1] 7 CAO 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, 2025 and shall remain effective for one year until September 30,2026. 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. AMENDMENTS: [04-CMG-00002/1963736/1] 8 CRO This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if applicable, i.e., if additional tourist development tax funds are requested. IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. •ATTEST<. N 'e BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL el ;k COLLIER COUNTY, FLORIDA By: (4� LkJ o'Chair B4€41f1:,,C$40.0404— Saunders, rson signature only Approved as to form and legality: inn olleen M. Greene Assistant County Attorney GRANTEE: THE GOLISANO CHILDREN'S MUSEUM OF NAPLES, INC. BY: j toke-rset Jonathan Foerster Printed/Typed Name CEO Printed/Typed Title [04-CMG-00002/1963736/I] 9 CAo 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: $40,000.00 CAD [04-CMG-00002/1963736/1] 10 The Golisano Children's Museum of Naples Inc TDT Grant Agreement FY 25-26 Final Audit Report 2025-08-25 Created: 2025-08-25 By: John Melleky(john.melleky@colliercountyfl.gov) Status: Signed Transaction ID: CBJCHBCAABAANcbvWDX_CVx3QCIP5GFgm0OBxrKidNeq "The Golisano Children's Museum of Naples Inc TDT Grant Agre ement FY 25-26" History ,i Document created by John Melleky (john.melleky@colliercountyfl.gov) 2025-08-25-7:21:32 PM GMT C-., Document emailed to Jonathan Foerster(joerster@cmon.org) for signature 2025-08-25-7:21:37 PM GMT t Email viewed by Jonathan Foerster(jfoerster@cmon.org) 2025-08-25-7:23:04 PM GMT OP Document e-signed by Jonathan Foerster(joerster@cmon.org) Signature Date:2025-08-25-7:23:29 PM GMT-Time Source:server O Agreement completed. 2025-08-25-7:23:29 PM GMT Adobe Acrobat Sign 2025 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND GULFSHORE PLAYHOUSE,INC. NON-COUNTY OWNED/OPERATED MUSEUMS GRANT THIS AGREEMENT is made and entered into this 2Y day ofjf-t,•,jcf , 2025, 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 2025-26 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 GRAN LEE qualifies as a museum, approves the proposed Project expenditures, and finds that the Project expenditure promotes tourism. [04-CMG-00002/1963738/1] 1 (CA0 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-00002/1963738/1] 2 CAO (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, 2026 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, 2025 and September 30,2026. is [04-CMG-00002/196373811] 3 CA0 (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 20,2026. The Final Status Report includes: 1)Analysis of Visitor Survey [04-CMG-00002/1963738/1] 4 CAO 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: GRAN FEE 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-00002/1963738/1] 5 C.aO construed to negate, abridge or reduce any other tights or remedies which otherwise may be available to an indemnified patty 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,Founder and CEO Gulfshorc Playhouse,Inc. 2640 Golden Gate Pkwy,Ste 211 Naples,Florida 34105 kcourvO,,Rul fshoreplayhouse.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 1 i 2660N. Horseshoe Drive Suite 105 Naples,Florida 34104 I I .John.Mellekv(1r.colliercountyfi.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-00002/1963738/1j G GAO 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-00002/1963738/l j 7 (,',q0 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, 2025 and shall remain effective for one year until September 30,2026. 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. AMENDMENTS: [04-CMG-00002/1963738/1] 8 CA0 This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if applicable, i.e., if additional tourist development tax funds are requested. IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. W) 3tg0 ATTEST ?,r BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KTom., Clerk COLLIER COUNTY, FLORIDA • . By: ' ...,:etfork04— esfAs•t •C - mAn'S Burl I,. Saunders, Chairperson si iiaThA only Approved as to form and legality: l011-Mil.04---e--- olleen M. Greene Assistant County Attorney GRANTEE: GULFSHORE PLAYHOUSE,INC. BY: KI i i ctenrtsten Coury(Aug s COGfir EDT) Kristen Coury Printed/Typed Name President and CEO Printed/Typed Title [04-CMG-00002/1963738/1] 9 C,q0 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-00002/1963738/L] 10 aqo Gulfshore Playhouse Inc TDT Grant Agreement FY 25-26 Final Audit Report 2025-08-26 Created: 2025-08-25 By: John Melleky(john.melleky@colliercountyf.gov) Status: Signed Transaction ID: CBJCHBCAABAATU-VHI-i2sYWEncc9XCptMlkeo97QUbb "Gulfshore Playhouse Inc TDT Grant Agreement FY 25-26" Hist ory ,n Document created by John Melleky (john.melleky@colliercountyfl.gov) 2025-08-25-7:25:16 PM GMT E Document emailed to Kristen Coury(kcoury@gulfshoreplayhouse.org)for signature 2025-08-25-7:25:22 PM GMT ,n Email viewed by Kristen Coury(kcoury@gulfshoreplayhouse.org) 2025-08-26-1:48:25 AM GMT 65b Document e-signed by Kristen Coury (kcoury@gulfshoreplayhouse.org) Signature Date:2025-08-26-1:49:06 AM GMT-Time Source:server O Agreement completed. 2025-08-26-1:49:06 AM GMT 0 Adobe Acrobat Sign 2025 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 thist.3day of c zr,b , 2025, 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 2025-26 Seasonal Support(hereinafter"the Project"); and is 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-00002/1963740/1] 1 CAO NOW, TIIEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: (a) In accordance with the authorized expenditures as set forth in the Budget,attached hereto as Exhibit"A,"the GRANTEE shall expend the funds for the out of County promotion of GRANTEE'S marketing of the Project. 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Forty-Five Thousand Dollars($45,000). GRANTEE shall be paid in accordance with the fiscal procedures of the County for the expenditures incurred as described in Paragraph One(1)herein upon submittal of a Request for Funds on the online application and shall submit evidence that the vendor invoices have been paid and samples of the promotional materials produced by that vendor or media outlet to the Tourism Director, or his designee, for review. Should these documents be unavailable, the GRANTEE may submit other legally viable evidence of payment subject to review and approval by the Clerk's Finance Department. (b) The Tourism Director, or his designee, shall determine that the invoice payments are authorized and that the goods or services covered by such invoice[s] have been provided or performed in accordance with such authorization. The budget attached as Exhibit "A" shall constitute authorization for the expenditure[s] described in the invoice[s]. (c) All expenditures shall be made in conformity with this Agreement. (d) The COUNTY shall not pay GRANTEE until the Clerk's Finance Department pre- audits all payment invoices in accordance with law. [04-CMG-00002/1963740/1] 2 C40 (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, 2026 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, 2025 and September 30,2026. IN-CMG-00002/1963740/1] 3 Cq 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 20,2026. The Final Status Report includes: I)Analysis of Visitor Survey [04-CMG-00002/1963740/1] 4 CA0 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-00002/1963740/1] 5 CA0 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/I963740/I] 6 CAO 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-00002/1963740/1] 7 CA0 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, 2025 and shall remain effective for one year until September 30,2026. 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. AMENDMENTS: [04-CMG-00002/t 963740/1] 8 CAO This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if applicable, i.e., if additional tourist development tax funds are requested. IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTES"1':'' � BOARD OF COUNTY COMMISSIONERS CRYSTAL,K.•Kr ZEt Clerk COLLIER COUNTY, FLORIDA By: . 4he.+� B rt . Saunderr, airperson Atfes$ tt- "airman's signature only Approved as to form and legality: leen . Greene Assistant County Attorney GRANTEE: ART LEAGUE OF MARCO ISLAND, INC. BY: ' Hyla Crane Printed/Typed Name Executive Director Printed/Typed Title [04-CMG-00002/I963740/I J 9 Cqp 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: $45,000.00 1 • El [04-CMG-00002/1963740/1] 10 CAO Art League of Marco Island Inc TDT Grant Agreement FY 25-26 Final Audit Report 2025-08-25 Created: 2025-08-25 By: John Melleky(john.melleky@colliercountyfl.gov) Status: Signed Transaction ID: CBJCHBCAABAA5aAkj15nHjzK8gL3sU0pykbEwgOAIeAL "Art League of Marco Island Inc TDT Grant Agreement FY 25-26 " History t Document created by John Melleky (john.melleky@colliercountyfl.gov) 2025-08-25-7:28:55 PM GMT Document emailed to Hyla Crane(hyla@marcoislandart.org)for signature 2025-08-25-7:29:01 PM GMT ,t Email viewed by Hyla Crane (hyla@marcoislandart.org) 2025-08-25-8:22:12 PM GMT Document e-signed by Hyla Crane (hyla@marcoislandart.org) Signature Date:2025-08-25-8:24:39 PM GMT-Time Source:server Q Agreement completed. 2025-08-25-8:24:39 PM GMT 0 Adobe Acrobat Sign 2025 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 this3.3 day of See")i., , 2025, 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 2025-26 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-00002/1963741/1] 1 CAO NOW, TI-IEREFORE, 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. CAO [04-CMG-00002/1963741/1] 2 (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 GRAN 1'EE.] (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, 2026 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, 2025 and September 30, 2026. [04-CMG-00002/1963741/1J 3 CAO [ (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 20,2026. The Final Status Report includes: 1)Analysis of Visitor Survey [04-CMG-00002/196374 I/1] 4 CA() 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-00002/1963741/I] 5 CA() 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 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-00002/1963741/1] 6 0 4Q 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-00002/1963741/1] 7 C40 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, 2025 and shall remain effective for one year until September 30,2026. 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: GRAN YEE 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. AMENDMENTS: c'q0 [04-CMG-00002/1 96 3 74 1/1] 8 This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if applicable, i.e., if additional tourist development tax funds are requested. IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: ' BOARD OF COUNTY COMMISSIONERS CRYSTAl.,.Ic,X.IN EL Clerk COLLIER COUNTY, FLORIDA • r t*, - By: A"ttstc sa�rman's g,# Ige.$40104-- B rt . Saunders, hairperson signature only Approved as to form and legality: ee M. Greene Assistant County Attorney GRANTEE: NAPLES ART ASSOCIATION, INC. BY: Frank Verpoorten(Aug 25,2025 15:53:57 EDT) Frank Verpoorten Printed/Typed Name Executive Director and Chief Curator Printed/Typed Title ClO [04-CMG-00002/1963741/1] 9 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-00002/1963741/1] 10 GP`0 Naples Art Association TDT Grant Agreement FY 25-26 Final Audit Report 2025-08-25 Created: 2025-08-25 By: John Melleky(john.melleky@colliercountyfl.gov) Status: Signed Transaction ID: CBJCHBCAABAAWQNzX8iKCOVXspGNHzwznejscDyYsnoA "Naples Art Association TDT Grant Agreement FY 25-26" Histor v IJ Document created by John Melleky (john.melleky@colliercountyfl.gov) 2025-08-25-7:32:43 PM GMT Document emailed to Frank Verpoorten (frank.verpoorten@naplesart.org)for signature 2025-08-25-7:32:49 PM GMT ,t Email viewed by Frank Verpoorten (frank.verpoorten@naplesart.org) 2025-08-25-7:48:56 PM GMT 60 Document e-signed by Frank Verpoorten (frank.verpoorten@naplesart.org) Signature Date:2025-08-25-7:53:57 PM GMT-Time Source:server • Agreement completed. 2025-08-25-7:53:57 PM GMT Q Adobe Acrobat Sign 2025 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES ART DISTRICT,INC. NON-COUNTY OWNED/OPERATED MUSEUMS GRANT THIS AGREEMENT is made and entered into this23' day of 5e0017, , 2025, 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 2025-26 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-00002/1963742/1] I Cp,O NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: (a) In accordance with the authorized expenditures as set forth in the Budget,attached hereto as Exhibit"A," the GRANTEE shall expend the funds for the out of County promotion of GRANTEE'S marketing of the Project. 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Forty-Five Thousand Dollars($45,000). GRANTEE shall be paid in accordance with the fiscal procedures of the County for the expenditures incurred as described in Paragraph One(1)herein upon submittal of a Request for Funds on the online application and shall submit evidence that the vendor invoices have been paid and samples of the promotional materials produced by that vendor or media outlet to the Tourism Director, or his designee, for review. Should these documents be unavailable, the GRANTEE may submit other legally viable evidence of payment subject to review and approval by the Clerk's Finance Department. (b) The Tourism Director, or his designee, shall determine that the invoice payments are authorized and that the goods or services covered by such invoice[s] have been provided or performed in accordance with such authorization. The budget attached as Exhibit "A" shall constitute authorization for the expenditure[s] described in the invoice[s]. (c) All expenditures shall be made in conformity with this Agreement. (d) The COUNTY shall not pay GRANTEE until the Clerk's Finance Department pre- audits all payment invoices in accordance with law. [04-CMG-00002/1963742/1] 2 CAO (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, 2026 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, 2025 and September 30,2026. CAO [04-CMG-00002/1963742/1] 3 (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—Statutoiy (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 20,2026. The Final Status Report includes: 1)Analysis of Visitor Survey is [04-CMG-00002/1963742/1 J 4 CAO 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-00002/1963742/1] 5 CAO 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: Paula Brody, President Naples Art District, Inc. P. O. Box 111455 Naples, Florida 34108 Paulabrody@me.com All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: John Melleky, Arts and Culture Manager Collier County Tourism Department 2660 N. Horseshoe Drive Suite 105 Naples, Florida 34104 John.Melleky@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/I963742/1] 6 CAO 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. CAO [04-CMG-0000211963742/1] 7 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, 2025 and shall remain effective for one year until September 30,2026. 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. AMENDMENTS: CAO [04-CMG-00002/1963742/1] 8 This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if applicable, i.e., if additional tourist development tax funds are requested. IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST. .,h '' BOARD OF COUNTY COMMISSIONERS CRYSTAL Ke..• INZEL;;Cleric COLLIER COUNTY, FLORIDA . 4€4,,,,:"Cif4401040-- fte'sflii ,,.. it niS Baunders, rson sig 6 my Approved as to form an legality: a��eetAi n lleen M. Greene o e Assistant County Attorney GRANTEE: NAPLES ART DISTRICT, INC. BY: PaTa1 Brody �Ei-n 50 EDT Paula Brody Printed/Typed Name President, Naples Art District Printed/Typed Title CAO [04-CMG-00002/1963742/1] 9 NAPLES ART DISTRICT, 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: $45,000.00 CAO Ioa-CMG-OOOO2/t 963742/I1 10 Naples Art District TDT Grant Agreement FY 25-26 Final Audit Report 2025-08-25 Created: 2025-08-25 By: John Melleky(john.melleky@colliercountyfl.gov) Status: Signed Transaction ID: CBJCHBCAABAAbtdgZ0j1rDYdKKSXmgCgylkrrWJMmwsN "Naples Art District TDT Grant Agreement FY 25-26" History t Document created by John Melleky (john.melleky@colliercountyfl.gov) 2025-08-25-7:36:52 PM GMT E; Document emailed to Paula Brody(paulabrody@me.com)for signature 2025-08-25-7:36:59 PM GMT • Email viewed by Paula Brody(paulabrody@me.com) 2025-08-25-8:18:33 PM GMT 'o Document e-signed by Paula Brody (paulabrody@me.com) Signature Date:2025-08-25-8:19:50 PM GMT-Time Source:server O Agreement completed. 2025-08-25-8:19:50 PM GMT 121 Adobe Acrobat Sign 2025 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 day of �� lember , 2025, 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 2025-26 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-00002/1963743/1] 1 CA 0 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-00002/1963743/I] 2 CAO (e) GRANTEE shall be paid for its actual costs, not to exceed the maximum amount budgeted pursuant to the attached `Exhibit A." (0 With a goal to promote overnight visitation, expenditures with print publications, broadcast, digital, email,and social platforms 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, 2026 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, 2025 and September 30, 2026. [04-CMG-00002/1963743/1] 3 CAO (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 20,2026. The Final Status Report includes: I)Analysis of Visitor Survey [04-CMG-00002/1963743/1] 4 ca0 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-00002/1963743/1] 5 CAO a 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 DMeginnisQnaplesgarden.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(n3colliercountvfl.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. t04-cM0-00 00211 96 3 74 3/I1 6 040 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-00002/1963743/1] 7 CAO 15. PROIIIBITION 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, 2025 and shall remain effective for one year until September 30,2026. 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. AMENDMENTS: [04-CMG-00002/I963743/1] 8 CAO i This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if applicable, i.e., if additional tourist development tax funds are requested. IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATT . BOARD OF COUNTY COMMISSIONERS CRY . "' M1a s `a t, Perk COLLIER COUNTY, FLORIDA 4 y By: t as to C , :gitArtaia. an's B . Saun er§� airperson signature only Approved as to form and legality: 11 n M. reeve Assistant County Attorney GRANTEE: NAPLES BOTANICAL GARDEN, INC. BY: Peitica.7r10141.444, Donna McGinnis Printed/Typed Name President&CEO Printed/Typed Title CAO [04-CMG-00002/1963743/1] 9 I i 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/I963743/1J 10 CAO Naples Botanical Garden Inc TDT Grant Agreement FY 25-26 Final Audit Report 2025-08-26 Created: 2025-08-25 By: John Melleky(john.melleky@colliercountyfl.gov) Status: Signed Transaction ID: CBJCHBCAABAAvUdrjFipyG76JP17NIuIN9A85A_m1 ut7 "Naples Botanical Garden Inc TDT Grant Agreement FY 25-26" History t Document created by John Melleky (john.melleky@colliercountyfl.gov) 2025-08-25-7:43:02 PM GMT E Document emailed to Donna McGinnis (dmcginnis@naplesgarden.org) for signature 2025-08-25-7:43:09 PM GMT ,t Email viewed by Donna McGinnis (dmcginnis@naplesgarden.org) 2025-08-26-11:49:42 AM GMT Document e-signed by Donna McGinnis (dmcginnis@naplesgarden.org) Signature Date:2025-08-26-11:50:07 AM GMT-Time Source:server O Agreement completed. 2025-08-26-11:50:07 AM GMT el Adobe Acrobat Sign 2025 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES ZOO, INC. NON-COUNTY OWNED/OPERATED MUSEUMS GRANT THIS AGREEMENT is made and entered into this Z,') day of , 2025, 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 2025-26 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-00002/1963744/I] 1 Oq 0 NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTIIER 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 Sixty Thousand Dollars($60,000). 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-00002/1963744/1] 2 CAO (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, 2026 to be eligible for payment. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in the Project Budget will he 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, 2025 and September 30, 2026. [04-CMG-00002/1963744/I] 3 CAO (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 20,2026. The Final Status Report includes: 1)Analysis of Visitor Survey [04-CMG-00002/1963744/1] 4 CAO 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. CI-IOICE 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 104-CMG-00002/1963744/1] 5 CAO 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: Jack Mulvena, CEO Naples Zoo, Inc. 1590 Goodlette Road Naples,Florida 34102 jack@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-00002/1963744/1] 6 CAO 11. TERMINATION: (a) The COUNTY or the GRAN FEE 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-00002/1963744/1] 7 CAO 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, 2025 and shall remain effective for one year until September 30,2026. 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. AMENDMENTS: [04-CMG-00002/1963744/1] 8 CAO This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if applicable, i.e., if additional tourist development tax funds are requested. IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. . 0, iz4"4 1,0 ATTE T 1,..,r, 'r BOARD OF COUNTY COMMISSIONERS CRYST,A „K': 1! L', Clerk COLLIER COUNTY, FLORIDA bt.....:.%ti' 7,4 T.,°: 44.-..,,. t", est a ` airman's Bu4e#,..."44r41 unders, Chairperson L signature only pproved as to form and legality: reet:MIOda-° _ `/Colleen M. Green Assistant County Attorney GRANTEE: NAPLES ZOO, INC. BY. Jack ulv (Aug 25,2025 17:56:21 CDT) Jack Mulvena Printed/Typed Name President and CEO Printed/Typed Title CAO [04-CMG-00002/1963744/1] 9 NAPLES ZOO, INC. EXHIBIT "A" Project Budget 1 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: $60,000.00 [04-CMG-00002/1963744/1] 10 /a 0 Naples Zoo Inc TDT Grant Agreement FY 25-26 Final Audit Report 2025-08-25 Created: 2025-08-25 By: John Melleky(john.melleky@colliercountyfl.gov) Status: Signed Transaction ID: CBJCHBCAABAAC71Qk7MR2LRe026SpnDv5LMjlsvupus "Naples Zoo Inc TDT Grant Agreement FY 25-26" History 5 Document created by John Melleky (john.melleky@colliercountyfl.gov) 2025-08-25-7:48:31 PM GMT Document emailed to Jack Mulvena (jmulvena@napleszoo.org)for signature 2025-08-25-7:48:37 PM GMT 'n Email viewed by Jack Mulvena (jmulvena@napleszoo.org) 2025-08-25-10:55:22 PM GMT d© Document e-signed by Jack Mulvena (jmulvena@napleszoo.org) Signature Date:2025-08-25-10:56:21 PM GMT-Time Source:server O Agreement completed. 2025-08-25-10:56:21 PM GMT 0 Adobe Acrobat Sign 2025 TOURISM AGREEMENT BETWEEN COLLIER COUNTY ANI) OPERA NAPLES,INC. NON-COUNTY OWNED/OPERATED MUSEUMS GRANT ..f THIS AGREEMENT is made and entered into this 23`.-day of �ier , 2025, 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 2025-26 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-00002/1963745/1] 1 GPO 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 Sixty Thousand Dollars($60,000). 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-00002/1963745/1] 2 GAO (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, 2026 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, 2025 and September 30, 2026. [04-CMG-00002/1963745/1] 3 CAO Ii (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 20,2026. The Final Status Report includes: 1)Analysis of Visitor Survey [04-CMG-00002/1963745/1 J 4 CA() 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: GRAN TEE 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 GQ° [04-CMG-00002/1963745/1] 5 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: Melanie Kalnins, Executive Director Opera Naples,Inc. 2408 Linwood Avenue Naples,Florida 34112 mkalnins(aloperanavles.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 Drivc Suite 105 Naples,Florida 34104 John.Mel lekyQcolliercou ntyfl.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. t0'l-CMG-I000211963745I1t 6 CAd 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-00002/1963745/1] 7 CAO 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, 2025 and shall remain effective for one year until September 30,2026. 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. AMENDMENTS: [04-CMG-00002/1963745/I] 8 CAO This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if applicable, i.e., if additional tourist development tax funds are requested. IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. �. o ATTES>I. . ;., '� BOARD OF COUNTY COMMISSIONERS CRYSTAE ;I�IIVEL,, Clerk COLLIER COUNTY, FLORIDA By: B4,41Vieg*".0-4—•• aund , erson Approved as to form and legality: /) ' olleen M. Greene Assistant County Attorney GRANTEE: OPERA NAPLES, INC. BY: Melanie kc niis Melanie Kalnins Printed/Typed Name Executive Director Printed/Typed Title [04-CMG-00002/I963745/l] 9 �qa 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: $60,000.00 i [04-CMG-00002/1963745/1] 10 0 -To Opera Naples Inc TDT Grant Agreement FY 25-26 Final Audit Report 2025-08-26 Created: 2025-08-25 By: John Melleky(john.melleky@colliercountyfl.gov) Status: Signed Transaction ID: CBJCHBCAABAAI5wc60eb8WHYF71soyF_FDthmeawfjmx "Opera Naples Inc TDT Grant Agreement FY 25-26" History J Document created by John Melleky (john.melleky@colliercountyfl.gov) 2025-08-25-7:52:56 PM GMT Cy Document emailed to Melanie Kalnins (mkalnins@operanaples.org)for signature 2025-08-25-7:53:03 PM GMT .5 Email viewed by Melanie Kalnins (mkalnins@operanaples.org) 2025-08-26-12:15:05 PM GMT t Document e-signed by Melanie Kalnins (mkalnins@operanaples.org) Signature Date:2025-08-26-12:17:03 PM GMT-Time Source:server ei Agreement completed. 2025-08-26-12:17:03 PM GMT Q Adobe Acrobat Sign 2025 TOURISM AGREEMENT BETWEEN COLLIER COUNTY ANI)THE HOLOCAUST MUSEUM& EDUCATION CENTER OF SOUTHWEST FLORIDA, INC. NON-COUNTY OWNED/OPERATED MUSEUMS GRANT THIS AGREEMENT is made and entered into this'day of 1-edr, / , 2025, 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 2025-26 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-00002/1963746/1] 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 Nine Thousand Dollars($9,000). 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/I963746/1] 2 C,qo (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, 2026 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, 2025 and September 30,2026. [04-CMO-00002/1963746/1J 3 CAd (c) Any expenditures paid by COUNTY which are Iaer 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 20,2026. The Final Status Report includes: 1)Analysis of Visitor Survey [04-CMG-00002/1963746/1] 4 C4 O 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-00002/1963746/11 5 coo 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: Erin Blankenship, President and CEO The Holocaust Museum &Education Center of Southwest Florida, Inc. 975 Imperial Golf Course Blvd., Suite 108 Naples, Florida 34110 Erin@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-00002/1963746/1j 6 C40 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. is [04-CMG-00002/1963746/1J 7 C'4Q 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, 2025 and shall remain effective for one year until September 30,2026. 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. AMENDMENTS: [04-CMG-00002/1963746/1] 8 C`AO This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if applicable, i.e., if additional tourist development tax funds are requested. IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. A1"1'EST BOARD OF COUNTY COMMISSIONERS CRYSTAL K.ICINZEI141erk COLLIER COUNTY, FLORIDA • bt. • • By: st h'aian's Bu4444/104r44,04-- aunders,rairperson '`tigb8'1 only A proved as to form and legality: -74 kteLk...____ olleen M. Greene Assistant County Attorney GRANTEE: THE HOLOCAUST MUSEUM & EDUCATION CENTER OF SWFL,INC. Ervin ElankenSit T)BY: Erin Blankenship(Aug 28,202513:56:46 Erin Blankenship Printed/Typed Name President&CEO • Printed/Typed Title (04-CMG-00002/1963746/1] 9 CAO 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: $9,000.00 I [04-CMG-00002/1963746/1] 10 Cq O The Holocaust Museum & Education Center of Southwest Florida Inc TDT Grant Agreement FY 25-26 Final Audit Report 2025-08-28 Created: 2025-08-25 By: John Melleky(john.melleky@colliercountyfl.gov) Status: Signed Transaction ID: CBJCHBCAABAAoDrAnD6Nsh2eEGL3oVBs80duwhHlwfly "The Holocaust Museum & Education Center of Southwest Flori da Inc TDT Grant Agreement FY 25-26" History t Document created by John Melleky (john.melleky@colliercountyfl.gov) 2025-08-25-7:57:02 PM GMT E. Document emailed to Erin Blankenship (erin@hmcec.org)for signature 2025-08-25-7:57:07 PM GMT t Email viewed by Erin Blankenship (erin@hmcec.org) 2025-08-28-5:48:25 PM GMT d© Document e-signed by Erin Blankenship (erin@hmcec.org) Signature Date:2025-08-28-5:56:46 PM GMT-Time Source:server Q Agreement completed. 2025-08-28-5:56:46 PM GMT Q Adobe Acrobat Sign 2025 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE NAPLES PLAYERS,INC. NON-COUNTY OWNED/OPERATED MUSEUMS GRANT THIS AGREEMENT is made and entered into this(?day of 5? ,,,4 e./ , 2025, 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 2025-26 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. 104-CMG-00002/1963747/1] 1 CIO 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-00002/1963747/11 2 01,0 (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, 2026 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, 2025 and September 30, 2026. [04-CMG-00002/1963747/1] 3 (CAO (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 20,2026. The Final Status Report includes: 1)Analysis of Visitor Survey [04-CMG-00002/1963747/1] 4 CAO 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-00002/1963747l1] 5 CAO 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,Executive Artistic Director The Naples Players,Inc. 701 5t1i Avenue South Naples, Florida 34102 blexander a,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,Mellekv 2 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-00002l1963747/1] 6 CAO 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-00002/1963747/1] 7 CAO 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, 2025 and shall remain effective for one year until September 30,2026. 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. AMENDMENTS: [04-CMG-00002/1963747/1] 8 Gp0 Ii This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if applicable, i.e., if additional tourist development tax funds are requested. IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. • RD ATTEST' ^� .• BOARD OF COUNTY COMMISSIONERS CRYSTAL K KF!JTZE` ,Clerk COLLIER COUNTY,FLORIDA • 'f; •f By: • e f`ast ,ittrhan's Bu4it.4%,....1044.104-- aunders, airperson sic, Ithre only Approved as t- �/ oyfo)rm and legality: zkvia1)-/ olleen M. Greene Assistant County Attorney GRANTEE: THE NAPLES PLAYERS,INC. BY: ate. Bryce Alexander Printed/Typed Name CEO Printed/Typed Title 0 [04-CMG-00002/1963747/1] 9 V`r 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: $75,000.00 [04-CMG-00002/1963747/1] 10 (71) The Naples Players Inc TDT Grant Agreement FY 25-26 Final Audit Report 2025-08-27 Created: 2025-08-25 By: John Melleky(john.melleky@colliercountyfl.gov) Status: Signed Transaction ID: CBJCHBCAABAAuBPWEixwPLUEqvJ7eYBcA6qW8yhErnZs "The Naples Players Inc TDT Grant Agreement FY 25-26" Histor y ,t Document created by John Melleky (john.melleky@colliercountyfl.gov) 2025-08-25-8:02:55 PM GMT Document emailed to Bryce Alexander(balexander@naplesplayers.org) for signature 2025-08-25-8:03:02 PM GMT ,5 Email viewed by Bryce Alexander(balexander@naplesplayers.org) 2025-08-27-8:09:54 PM GMT r:To Document e-signed by Bryce Alexander(balexander@naplesplayers.org) Signature Date:2025-08-27-8:30:16 PM GMT-Time Source:server Agreement completed. 2025-08-27-8:30:16 PM GMT 121 Adobe Acrobat Sign 2025 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THEATREZONE,INC. NON-COUNTY OWNED/OPERATED MUSEUMS GRANT THIS AGREEMENT is made and entered into this 2)' `day of .5=. =ilk:., , 2025, by and between TheatreZone, 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 2025-26 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-00002/1963748/1) I 0V3 NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED IIEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: (a) In accordance with the authorized expenditures as set forth in the Budget, attached hereto as Exhibit"A,"the GRANTEE shall expend the funds for the out of County promotion of GRANTEE'S marketing of the Project. 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Forty-Five Thousand Dollars($45,000). GRANTEE shall be paid in accordance with the fiscal procedures of the County for the expenditures incurred as described in Paragraph One(1)herein upon submittal of a Request for Funds on the online application and shall submit evidence that the vendor invoices have been paid and samples of the promotional materials produced by that vendor or media outlet to the Tourism Director, or his designee, for review. Should these documents be unavailable, the GRANTEE may submit other legally viable evidence of payment subject to review and approval by the Clerk's Finance Department. (b) The Tourism Director, or his designee, shall determine that the invoice payments are authorized and that the goods or services covered by such invoice[s] have been provided or performed in accordance with such authorization. The budget attached as Exhibit "A" shall constitute authorization for the expenditure[s] described in the invoice[s]. (c) All expenditures shall be made in conformity with this Agreement. (d) The COUNTY shall not pay GRANTEE until the Clerk's Finance Department pre- , audits all payment invoices in accordance with law. [04-CMG-00002/1963748/1] 2 04,O (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, 2026 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, 2025 and September 30,2026. [04-CMG-00002/1963748/1] 3 Obi (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 20,2026. The Final Status Report includes: 1)Analysis of Visitor Survey [04-CMG-00002/1963748/1] 4 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 GRAN TEE or anyone employed or utilized by the GRANTEE in the performance of this Agreement. This indemnification obligation shall not be [04-CMG-00002/1963748/1] 5 O[Yo 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: Mark Lanni,Founding and Executive Arts Director TheatreZone, Inc. 2430 Vanderbilt 13each Rd, Suite 108-167 Naples,Florida 34109 I • markdanni@theatre.zone • All notices from the GRANTEE to the COUNTY shall be hi 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 I05 Naples,Florida 34104 John.Melleky@colliereountyfi.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-C:MG-00002/1963748/l] 6 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 team 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-00002/1963748/1] 7 (0,0 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, 2025 and shall remain effective for one year until September 30,2026. 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. AMENDMENTS: Otto [04-CMG-00002/1963748/1] 8 This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if applicable, i.e., if additional tourist development tax funds are requested. IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST BOARD OF COUNTY COMMISSIONERS CRXSTL.SL y A'dZEL:Clerk COLLIER COUNTY, FLORIDA J � d' • By: 4-- e.)14/..."444,0 A as"ttic [ `an's Burt . Saunders, Chairperson signature my Approved as to form and legality:delTid leen M. Greene Assistant County Attorney GRANTEE: THEATREZONE, INC. BY: aa' Mark Danni Printed/Typed Name Founding Artistic Director Printed/Typed Title [04-CMG-00002/1963748/1] 9 OVO THEATREZONE, 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: $45,000.00 • [04-CMG-00002/1963748/1] I0 Od° TheatreZone Inc TDT Grant Agreement FY 25-26 Final Audit Report 2025-08-25 Created: 2025-08-25 By: John Melleky(john.melleky@colliercountyfl.gov) Status: Signed Transaction ID: CBJCHBCAABAAHARKn-Qz0bdZx91uU6sYsSaDcwD3tYLI "TheatreZone Inc TDT Grant Agreement FY 25-26" History t Document created by John Melleky (john.melleky@colliercountyfl.gov) 2025-08-25-8:07:05 PM GMT C 1 Document emailed to Mark Danni (markdanni@theatre.zone) for signature 2025-08-25-8:07:10 PM GMT t Email viewed by Mark Danni (markdanni@theatre.zone) 2025-08-25-9:10:27 PM GMT (fro Document e-signed by Mark Danni (markdanni@theatre.zone) Signature Date:2025-08-25-9:11:43 PM GMT-Time Source:server O Agreement completed. 2025-08-25-9:11:43 PM GMT Q Adobe Acrobat Sign