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TDC Agenda 09/06/2011MEETING AGENDA SEPTEMBER 6, 2011 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL Collier County Government Center, Administration Bldg. F, 3rd Floor 3299 East Tamiami Trail, Naples, Florida 34112 SEPTEMBER 6, 2011 9:00 a.m. * Requires TDC Action 1. Call to Order — Chairman Hiller 2. Pledge of Allegiance 3. Roll Call 4. Changes and Approval of Agenda 5. Approval of TDC Minutes * a. *Regular Meeting July 21, 2011 6. Presentations / Public Comment - (10 min) 7. New Business a. *Proposed TDC Ordinance Amendment b. *Friends of Rookery Bay, Inc. FY 11 Grant Funding Status and Amendment C. *FY 11 TDC Grant Agreement Amendments d. *FY 12 TDC Grant Agreements e. *FY 12 Tourism Strategic Plan f. *Quarterly Financial Review of TDC Funds g. *Service Mark Renewals 8. Old Business a. Coastal Zone Management Responses to 6-27-11 TDC Requests - Vanderbilt Beach Restroom Expansion Backup Material - Overview of Beach Parking Collections/Expenditures - Fund 183 Administration Expenditure Analysis - FEMA Reimbursement Quarterly Update - TDC Expenditures by Jurisdiction - Gulfshore Property Acquisition Report b. Fund 183 Project Report c. County Museum Funding Report d. *TDC Meeting Schedule 9. Marketing Partner Reports — (30 min) a. Tax Collections b. Paradise Advertising c. Research Data Services d. BCF — PR Agency e. Miles Media - Website Activity f. Sales & Marketing Technologies - Search Engine Optimization g. Phase V - Fulfillment Services 10. Tourism Staff Reports — (30 min) a. Director b. Sales & Marketing c. Public Relations & Communications d. Film Office e. Sports Marketing f. International Representatives g. Visitor Centers 11. Detailed Staff Reports 12. Council Member Discussion 13. Next Scheduled Meeting Date/Location — October 6, 2011 — 9:00 a.m. Collier County Growth Management Division, Planning and Regulation Bldg, Conference Rooms 609/610, 2800 N. Horseshoe Drive, Naples, Florida 34104 14. Adjournment All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. For more information, please contact Jack Wert at (239) 252-2402. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380. July 21, 2011 MINUTES OF THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL MEETING Naples, Florida, July 21, 2011 LET IT BE REMEMBERED, the Collier County Tourist Development Council in and for the County of Collier, having conducted business herein, met on this date at 9:00 A.M. in REGULAR. SESSION in Building "F" of the Government Complex, Naples, Florida with the following members present: Chairman: Commissioner Hiller Vice Chairman: Murray H. Hendel Susan Becker Jerry Gibson Clark Hill Rick Medwedeff (Excused) Robert Miller Ed (Ski) Olesky John Sorey III (Excused) ALSO PRESENT: Jack Wert, Tourism Director (via telephone) Gary McAlpin, Director, Coastal Zone Management Kelly Green, Tourist Tax Coordinator Crystal Kinzel, Director of Finance Gail Hambright, Accountant Jeff Klatzkow, County Attorney Kelsey Ward, Purchasing Department 1 July 21, 2011 Any persons in need of the verbatim record of the meeting may request a copy of the video recording from the Collier County Communications and Customer Relations Department or view online. 1. Call to Order — Chairman Hiller Commissioner Hiller called the meeting to order at 10:00 A.M. 2. Pledge of Allegiance Pledge of Allegiance was recited. 3. Roll Call A quorum was established. 4. Changes and Approval of Agenda Mr. Gibson moved to approve the Agenda. Second by Ms. Becker. Carried unanimously 7 — 0. 5. Approval of TDC Minutes a. Regular Meeting June 27, 2011 Mr. Hendel moved to approve the minutes of the June 27, 2011 Meeting. Second by Mr. Olesky. Carried unanimously 7 — 0. 6. Presentations/Public Comment— (10 min) None 7. New Business a. Bluebill Ave Beach Access Turn Around Project Gary McAlpin, Director Coastal Zone Management presented the Executive Summary "Recommendation to award Bid No.11-5706 to DeAngelis Diamond, Inc. in the amount of $422,890.00 (omitting Bid Alternate No. 3) for the construction contract of the Bluebill Ave. Beach Access Turnaround Project No. 80058.1 and authorize the Chairman to execute the standard contract after County Attorney approval " and related backup material. Mr. Hendel moved to recommend the Board of County Commissioners award Bid No.11-5706 to DeAngelis Diamond, Inc. in the amount of $422,890.00 (omitting Bid Alternate No. 3) for the construction contract of the Bluebill Ave. Beach Access Turnaround Project No. 80058.1. Said recommendation subject to the following stipulation: The Finance Department will review the proposed contract to ensure funds may be expended from Tourist Development Tax Fund 183. Second by Ms. Becker. Motion carried 6 "yes" — I "no. " Mr. Hill voted "no. " Jeff Klatzkow, Collier County Attorney recommended the motion include a finding that the Tourist Development Council's recommendation to approve the contract is supported by a finding the proposed project promotes tourism in the region. Mr. Hendel amended the motion to recommend the Board of County Commissioners award Bid No.11-5706 to DeAngelis Diamond, Inc. in the amount of $422,890.00 (omitting Bid Alternate No. 3) for the construction contract of the Bluebill Ave. Beach Access Turnaround 2 July 21, 2011 Project No. 80058.1. The recommendation is based on the Council's approval of the projects proposed design and that finding the proposed project promotes tourism in the region. Said recommendation subject to the following stipulation: The Finance Department will review the proposed contract to ensure funds may be expended from Tourist Development Tax Fund 183. Second by Ms. Becker. Motion carried 6 "yes" — I "no. " Mr. Hill voted "no. " Mr. Hill expressed concern on expending Tourist Development Tax revenue on roadway improvements. 8. Old Business None 9. Council Member Discussion None 10. Next Scheduled Meeting Date/Location — TBD — Collier County Government Center, Administration Bldg. F, 3rd Floor, 3299 Tamiami Trail East, Naples, Florida, 34112 There being no further business for the good of the County, the meeting was adjourned by order of the chair at 10:55 A.M. COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL Chairman, Commissioner Georgia Hiller These minutes approved by the Board/Committee on as presented or as amended September 6, 2011 New Business 7-a 1 of 9 EXECUTIVE SUMMARY Recommendation to approve and authorize Staff to advertise proposed amendments to the Tourist Development Tax Ordinance No. 92-60, as amended. Amendments include (1) delineating the allocation of administrative costs in support of Fund 194 Tourism Promotion, Fund 195 Beaches, and Fund 183 Beach Park Facilities, (2) incorporating into the ordinance the Category "A" Funding Policy approved by the Board of County Commissioners, and directing that the Funding Policy be included in the Collier County Administrative Code, (3) incorporating provisions of Section 125.0104(5)(A)l, Fla. Stat., relating to the use of Category "C" funds for museums, and (4) removing expired provisions pertaining to the use of certain revenues for tourism destination marketing. OBJECTIVE: To amend the Tourist Development Tax Ordinance No. 92-60, as amended. CONSIDERATIONS: The Coastal Advisory Committee (CAC) directed Coastal Zone Management (CZM) Staff to propose an amendment to the Tourist Development Tax Ordinance regarding CZM personnel and administrative costs. Following a review of the ordinance, the County Attorney believes there are additional items within the Ordinance which the Board may wish to amend. The following four amendments are proposed: (1) The Coastal Advisory Committee directed staff to propose amendments to the Tourist Development Tax Ordinance to specifically include administrative costs for Fund 195 and Fund 183 and to allocate the administrative costs between the two funds based on a pro rata share. Administrative costs include project management, indirect overhead, and program administration. There is presently a provision for tourism promotion administrative cost. That provision states as follows: "Tourism promotion administrative costs shall not exceed 32% of the total amount collected each fiscal year for Category B uses and shall be financed solely from the 23.236% of the two percent tax." The ordinance is silent as to where the remaining 8.764% comes from, which staff has historically taken from the fourth percent tax. To both clean this up and to simplify the issue, the County Attorney recommends that the existing language on tourism promotion administrative costs be deleted, and that the following new subsection to Section Three —Uses of Tax Revenue, be added to the Ordinance dealing solely with administrative costs: 4. Administrative costs. a. Tourism promotion administrative costs shall not exceed 32% of the total amount collected each fiscal year for Category "B" revenue. September 6, 2011 New Business 7-a 2 of 9 b. Project Management, Indirect Overhead, and Program Administration in support of Fund 195 (Beaches) and Fund 183 (Beach Park Facilities) shall not exceed 15% of Category "A" revenues. These charges to be split 75% to Fund 195 (Beaches) and 25% to Fund 183 (Beach Park Facilities). (2) The second proposed amendment to the ordinance is as follows. Tourist development tax revenues are utilized in four separate categories. One of these categories, Category "A" (beach and beach park facilities), has a Board approved Funding Policy. Tourist Development Tax Ordinance No. 92-60 makes no reference to any such Policy. In order to put both the public and future staff on notice of the existence of such a policy, the County Attorney recommends the Board adopt the following reference to the Policy in the ordinance: 8. The currently existing Category "A" Funding Policy, as previously approved by the Board of County Commissioners, is incorporated and referenced herein. This Category "A" Funding Policy shall be included within the Collier County Administrative Code, and may only be amended by the Board of County Commissioners. (3) The third proposed amendment is a "clean-up" item. Collier County's Tourist Development Tax Ordinance No. 92-60, as amended, authorizes the use of tourist development taxes for "County owned or operated museums" and "Municipal owned museums and museums owned and operated by not for profit organizations open to the public." The language differs slightly from the Tourist Development Tax statute, Section 125.0104(5)(a)1, which authorizes expenditures for "museums that are publicly owned and operated or owned and operated by not - for -profit organizations and open to the public." The County Attorney and the Clerk of Courts' Office have had several discussions as to whether the statute preempts the County Ordinance and if so whether this impacts any current recipients of TDC funding. The County Attorney sees no benefit to the County arising from this minor change to the statute, and recommends simply adopting the language of the statute into to ordinance, which fully alleviates the concerns that have been raised. Accordingly, the County Attorney recommends amending the definition of Category "C" to adopt the statutory language and proposes to amend Section Three — Uses of Tax Revenue — Category C, as follows: CATEGORY C - To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more County owned of and operated museums or —and rntmieipal ownedmusetims or museums that are ubp liclY owned and operated or owned and operated by not -for -profit organizations and open to the public, within the boundaries of the county or subcounty special taxing district in which the tax is levied. Tax revenues received pursuant to this Section may also be used for promotion of zoological parks that are publicly owned and operated or owned and operated by not - for -profit organizations and open to the public. However, these purposes may be implemented through service contracts and leases with lessees with sufficient expertise or financial capability to operate such facilities. September 6, 2011 New Business 7-a 3of9 The definition for C-1 would be amended as follows: County owned er and operated museums, or museums owned by not -for -profit organizations and open to the public operated by the County through Board approved service contracts and leases: 22% The definition for C-2 would be amended as follows: Munieipal owned Riuseums and Museums owned and @per-ated by n for- profit or-ganizations open to the publie All other qualified museums: 4.764% This change to the ordinance will not affect any current funding. (4) Lastly, Sections 7 and 8, regarding additional funds for destination advertising have expired and as such, the County Attorney's Office recommends removing these sections from the Ordinance. Each section was valid for one year following date of adoption on November 10, 2009. FISCAL IMPACT: The cost to advertise the proposed Ordinance Amendment is approximately $500 which funds are available from Funds 195 and 194. GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan from this action. ADVISORY BOARD RECOMMENDATIONS: Staff is recommending approval of these changes to both the Coastal Advisory Committee and the Tourist Development Council (TDC). LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, requires super majority vote, and is legally sufficient for Board action. — JAK RECOMMENDATION: To approve and authorize Staff to advertise proposed amendments to the Tourist Development Tax Ordinance No. 92-60, as amended, amendments include (1) delineating the allocation of administrative costs in support of Fund 194 Tourism Promotion, Fund 195 Beaches, and Fund 183 Beach Park Facilities, (2) incorporating into the ordinance the Category "A" Funding Policy approved by the Board of County Commissioners, and directing that the Funding Policy be included in the Collier County Administrative Code, (3) incorporating provisions of Section 125.0104(5)(A)1, Fla. Stat., relating to the use of Category "C" funds for museums, and (4) removing expired provisions pertaining to the use of certain revenues for tourism destination marketing. SUBMITTED BY: Gary McAlpin, Coastal Zone Management Director Jack Wert, Tourism Director Jeffrey A. Klatzkow, County Attorney Colleen Greene, Assistant County Attorney September 6, 2011 New Business 7-a 4of9 ORDINANCE NO.2011 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 92-60, AS AMENDED, RELATING TO THE LEVY OF A 2% TOURIST DEVELOPMENT TAX, AN ADDITIONAL 1% TAX (3" PERCENT), AND AN ADDITIONAL 1 % TAX (4TH PERCENT) THROUGHOUT COLLIER COUNTY PURSUANT TO THE LOCAL OPTION TOURIST DEVELOPMENT ACT, SECTION 125.0104, FLORIDA STATUTES, AS AMENDED; SPECIFICALLY AMENDING SECTION THREE, USES OF TAXES, CODIFIED IN SECTION 126-83 OF THE CODE OF LAWS AND ORDINANCES, BY 1) INCORPORATING PROVISIONS OF SECTION 125.0104 (5)(A)1, FLORIDA STATUTES, RELATING TO THE USE OF CATEGORY "C" FUNDS FOR MUSEUMS; 2) DELINEATING THE ALLOCATION OF ADMINISTRATIVE COSTS FOR TOURISM PROMOTION AND BEACH PARK FACILITIES AND BEACH IMPROVEMENTS; 3) REMOVING EXPIRED PROVISIONS PERTAINING THE USE OF CERTAIN REVENUES FOR TOURISM DESTINATION MARKETING; AND 4) INCORPORATING BY REFERENCE THE CATEGORY "A" FUNDING POLICY APPROVED BY THE BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 125.0104, Florida Statutes, provides for the levy of a local option tourist development tax by any county; and WHEREAS, on August 18, 1992, the Board of County Commissioners (Board) adopted Ordinance No. 92-60, which levied and imposed a 2% tourist development tax throughout Collier County for the purposes permitted in Section 125.0104, Florida Statutes, as amended; and WHEREAS, through adoption of Ordinance No. 95-56 and Ordinance No. 2005-43, the Board levied an additional 3rd and 41' percent tourist development tax; and WHEREAS, on November 10, 2009, the Board adopted Ordinance No. 2009-58 which for a period of one year, or until November 10, 2010, reallocated certain tourist development tax revenues for use in tourism destination marketing; and WHEREAS, the Board, by an extraordinary vote, desires to amend Section Three of Ordinance No. 92-60, as amended, in order to: 1) incorporate provisions of Section 125.0104 (5)(a)1, Florida Statutes, relating to the use of Category "C" funds for museums; 2) delineate the allocation of administrative costs for tourism promotion and beach park facilities and beach improvements; 3) remove expired provisions pertaining to the use of revenues for tourism Words Underlined are added; Words Stme - Tn-hFeulo. are deleted. Page 1 of 6 September 6, 2011 New Business 7-a 5of9 destination marketing; and 4) incorporate by reference the Category "A" Funding Policy as approved by the Board of County Commissioners ; and WHEREAS, the proposed amendments were presented to and approved by the Collier County Tourist Development Council. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO SECTION THREE OF ORDINANCE NO. 92-60, AS AMENDED. Section Three - Uses of Tax Revenues. a) The tax revenues received pursuant to this division shall be used to fund the County Tourist Development Plan, which is hereby amended as follows: ************** (1) The categories of use of the two percent and one percent (3rd percent) and additional one percent (41h percent) tax revenues by specific project or special use are hereby listed in the order of priority: CATEGORYA - To finance beach park facilities or beach improvement, maintenance, renourishment, restoration and erosion control, including pass and inlet maintenance, shoreline protection, enhancement, cleanup or restoration of inland lakes and rivers to which there is public access as these uses relate to the physical preservation of the beach, shoreline or inland lake or river. Percentage of Net revenue 50% of the 2% tax and 100% of the 1% tax (3rd percent), reduced by the amount required for Category D. CATEGORYB - To promote and advertise county tourism within the State of Florida, nationally and internationally, which encourages tourism with an emphasis on off-season visitors to Collier County and to fund convention bureaus, tourist bureaus, tourist information centers and news bureaus as county agencies. If tax revenues are expended for an activity, service, venue or event, the activity, service, venue or event shall have as one of its main purposes the attraction of tourists as evidenced by the promotion of the activity, service, venue or event to tourists. Words Underlined are added; Words StFuek ThFoulgh are deleted. Page 2 of 6 September 6, 2011 New Business 7-a 6 of 9 Percentage of Net revenue 23.236% of the 2% tax and 100% of the additional 1% tax (4th percent). CATEGORY C - To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more County owned of and operated museums of and munieipalea museums e museums that are j2ublicl owned and operated or owned and operated by not -for -profit organizations and open to the public, within the boundaries of the county or subcounty special taxing district in which the tax is levied. Tax revenues received pursuant to this Section may also be used for promotion of zoological parks that are publicly owned and operated or owned and operated by not -for -profit organizations and open to the public. However, these purposes may be implemented through service contracts and leases with lessees with sufficient expertise or financial capability to operate such facilities. Percentage of Net revenue 26.764% of the 2% tax. This amount may be amended upwardly or downwardly prospectively from the date of the budget amendment approval, provided that the amount of the aggregate allocation per fiscal year budget amendment does not exceed 26.764% of the 2% tax. Sub -categories: C(1): County owned of and operated Museums, or museums owned by not -for -profit organizations and open to the public operated by the County through Board approved service contracts and leases: 22% C(2): Mtmieipal owned museums and Museums owned and epee-.te by of f profit efganiisations open to sl pub4e All other qualified museums: 4.764% CATEGORYD - To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more fishing piers which are publicly owned and operated. Words Underlined are added; Words 94+iek Thfough are deleted. Page 3 of 6 September 6, 2011 New Business 7-a 7of9 Percentage of Netrevenue Amount budgeted for this Category by the Board of County Commissioners each fiscal year, but not to exceed $200,000. This amount may be amended upwardly or downwardly prospectively from the date of the budget amendment approval, provided that the amount of the aggregate allocation per fiscal year does not exceed $200,000. It is the intent of this division that the above uses shall be funded separately, but simultaneously in the above percentages regardless of the actual amount of net revenues collected. ************** (3) The additional one percent tax (4th percent) collected pursuant to section TWO (G) shall be used entirely to finance tourism promotion including advertising, public relations, promotion, research and fulfillment. Tourismpromotion administ alive *s-shall not 0 finaneed-solely a.em the 23.2360; patpat4ion of the 2 tax. The Disaster Recover Advertising Fund will continue to be financed from the 23.236% of the 2% tax to maintain a maximum level of $1 million. At the end of each fiscal year, any remaining funds in the 23.236% of the 2% tax after fulfillment of the above uses in the 23.236% of the 2% tax will be distributed to Category `B" (Marketing and Promotion). It is the intent of the Board of County Commissioners to maintain this new level of tourism promotion dollars in the future. 4. Administrative costs. a. Tourism promotion administrative costs shall not exceed 32% of the total amount collected each fiscal year for Category "B" revenue. b. Project Management, Indirect Overhead, and Program Administration in support of Fund 195 (Beaches) and Fund 183 (Beach Park Facilities) shall not exceed 15% of Category "A" revenues. These charges to be split 75% to Fund 195 (Beaches) and 25% to Fund 183 (Beach Park Facilities). 4. 5. The revenues to be derived from the tourist development tax may be pledged to secure and liquidate revenue bonds in accordance with the provisions of Section 125.0104, Florida Statutes. Such revenue bonds and revenue refunding bonds may be authorized and issued in such principal amounts, with such interest rates and maturity dates, and subject to such other terms, conditions and covenants as the governing board of Collier County shall provide. This paragraph shall be full and complete authority for accomplishing such purposes, but such authority shall be supplemental and additional to, and not in derogation of, any powers now existing or later conferred under law. Words Underlined are added; Words &Fuek are deleted. Page 4 of 6 September 6, 2011 New Business 7-a 8of9 -S.-6. The event bonds are issued by Collier County for any of the purposes enumerated by the Tourist Development Plan, the amount of tourist development tax receipts used to pay debt service on such bonds may exceed the percentages provided for the purpose for which such bonds were issued; provided, however, the maximum annual debt service on such bonds, together with any other obligations of Collier County which were issued to finance improvements for the same purpose and which are secured by the tourist development tax, must not exceed the stated percentage of tourist development tax receipts provided in the Tourist Development Plan for such purposes, as calculated as of the date of sale of such bonds. For purposes of performing the calculations described in this paragraph, the amount of tourist development tax receipts shall be assumed to be the amount provided as such in Collier County's immediately preceding annual audit, plus, if the levy of such tax was imposed or increased subsequent to the beginning of the period which was audited, an amount equal to the estimate by the County Manager of the moneys the County would have received if the tax imposition or increase had been in effect during the entire audit period. At or prior to the issuance of bonds the County Manager shall provide a certificate as to the findings required in this paragraph, which certificate shall be conclusive as to all matters provided herein. 6- 7. The sum of $1,000,000 annually allocated for Category "A" — Beach Park Facilities Fund 183 shall be reallocated to Fund 184 to be used for destination marketing for a period of one year from enactment of this amendment, at which time this provision will expire and be of no further force or effect unless further extended by the Board of County Commissioners. W-fATAWATITA • _ •, - 8. The currently existing Category "A" Funding Policy, as approved by the Board of County Commissioners, is incorporated and referenced herein. This Category "A" Funding Policy shall be included within the Collier County Administrative Code and may only be amended by the Board of County Commissioners. 9. The above and foregoing Tourist Development Plan may not be substantially amended except by ordinance enacted by an affirmative vote of a majority plus one additional member of the Board of County Commissioners. Words Underlined are added; Words Stpanl, Thfeugfi are deleted. Page 5 of 6 September 6, 2011 New Business 7-a 9of9 SECTION TWO: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word 'ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by a vote of a majority plus one of the Board of County Commissioners of Collier County, Florida, this day of , 2011. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Approved as to form and legal sufficiency: Colleen M. Greene Assistant County Attorney FRED W. COYLE, CHAIRMAN Words Underlined are added; Words Stfuek Thfaugk are deleted. Page 6 of 6 September 6, 2011 New Business 7-b 1 of 21 TDC EXECUTIVE SUMMARY Recommendation to approve Amendment #2 to the Friends of Rookery Bay, Inc. FY 11 Tourist Development Tax Grant Agreement to extend the agreement until January 31, 2012, change the current funding source from Category C-2 to Tourism Promotion Fund 184 as a Category B marketing grant, clarify reimbursement requirements in the agreement, and waive the $25,000 funding limit and 80% second request guidelines in the Category B grant application for FY 11 and FY 12 OBJECTIVE: Amend funding source and contract language for FY 11 Tourist Development Tax grant agreement to Friends of Rookery Bay, Inc. CONSIDERATIONS: At the May 27, 2011 Tourist Development Council (TDC) meeting there was discussion regarding the source of funding for the grant to Friends of Rookery Bay, Inc. a Florida 501 (C) (3) corporation to promote the Rookery Bay Environmental Learning Center. Currently, this grant is funded as a Category C-2 (Non County Owned/Operated Museums) grant in the amount of $50,000. The County Attorney's Office has reviewed funding eligibility for Friends of Rookery Bay, Inc. to determine if the organization was eligible to request and receive funds on behalf of Rookery Bay. The County Attorney has indicated that the Tourist Tax Ordinance would need to be amended to accommodate funding the Friends of Rookery Bay grant out of Category C-2; however Friends of Rookery Bay, Inc. would be eligible for funding as a TDC Category B marketing grant out of Tourism Promotion Fund 184. The Friends of Rookery Bay, Inc. received a Category B grant for $25,000 in FY 08. Staff requests approval to amend the current agreement to extend the term until January 31, 2012 in order to revise the project budget scope, clarify reimbursement requirements and to fund this FY 11 Category C-2 grant from Tourism Promotion Fund 184 as a Category B marketing grant. LEGAL CONSIDERATION: This item has been reviewed by the County Attorney's Office, requires majority vote, and is legally sufficient for Board action. — CMG ADVISORY BOARD RECOMMENDATION: The TDC recommended (6-0) a change to the funding source for the current FY 11 Category C-2 grant for Friends of Rookery Bay, Inc. to be funded as a Category B marketing grant at their June 27, 2011 meeting. The TDC recommendation on September 6, 2011 will be included in the Executive Summary for presentation to the BCC on September 13, 2011. FISCAL IMPACT: Funds are available in Tourism Promotion Fund 184 to fund Friends of Rookery Bay, Inc. at $50,000 as a Category B grant. September 6, 2011 New Business 7-b 2of21 RECOMMENDATION: Recommend approval of Amendment #2 to Friends of Rookery Bay, Inc. FY 11 Tourist Development Tax Grant Agreement to extend the current agreement until January 31, 2012, change the current funding source from Category C-2 to Tourism Promotion Fund 184 as a Category B marketing grant, clarify reimbursement requirements included in the agreement and waive the $25,000 funding limit and the 80% second request guidelines in the Category B grant application for FY 11 and FY 12. SUBMITTED BY: Jack Wert, Tourism Director TDC MEETING DATE: 9/6/11 September 6, 2011 New Business 7-b 3of21 EXHIBIT A-2 Contract Amendment #2 "2011 Tourism Agreement Between Collier County and Friends of Rookery Bay, Inc." This amendment, dated , 2011 to the referenced agreement shall be by and between the parties to the original Agreement, Friends of Rookery Bay, Inc. (to be referred to as "Grantee") and Collier County, Florida, (to be referred to as "County"). Statement of Understanding RE: Contract # 10-5551 - "2011 Tourism Agreement Between Collier County and Friends of Rookery Bay, Inc." In order to continue the services provided for in the original Contract document referenced above, the GRANTEE agrees to amend the above referenced Contract as per the Exhibit "A2-A" attached to this Amendment and incorporated herein by reference. This Amendment shall extend the Agreement through January 31, 2011 All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Grantee and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. ATTEST: DWIGHT E. BROCK, Clerk By: Dated: (SEAL) Approved as to form and legal sufficiency Assistant County Attorney WITNESSES: (1) Printed/Typed Name (2) Printed/Typed Name Accepted: , 2011 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, Chairman GRANTEE: Friends of Rookery Bay, Inc. Printed/Typed Name Printed/Typed Title September 6, 2011 New Business 7-b 4of21 Exhibit A2-A 2011 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND FRIENDS OF ROOKERY BAY, INC. THIS AGREEMENT is made and entered into this 1st day of October, 2010, by and between the Friends of Rookery Bay, Inc. a Florida not -for -profit corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Collier County Tourism Ordinance provides that certain of the revenues generated by the Tourist Development Tax are to be allocated to 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 out of county marketing expenses; and WHEREAS, The Tourist Development Council has recommended funding for GRANTEE'S out of market advertising, website enhancement and related marketing and promotion expenditures; and WHEREAS, The Collier County Board of County Commissioners has approved the funding request of the GRANTEE and the Chairman was authorized to execute the Tourism Agreement. 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: September 6, 2011 New Business 7-b 5of21 (a) In accordance with the authorized expenditures as set forth in the Budget, attached hereto as Exhibit "F", the GRANTEE shall expend the funds for the promotion of GRANTEE'S marketing (hereinafter "the Project"), to include: (i) Advertising and promotional expenses in media outside of Collier County to increase the number of overnight visitors to Collier County. 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Fifty Thousand Dollars ($50,000). GRANTEE shall be paid in accordance with the fiscal procedures of the County for the expenditures incurred as described in Paragraph One (1) herein upon submittal of a Request for Funds on the form attached hereto as Exhibit "D" and made a part hereof, and shall submit vendor invoices, copies of credit card receipts and statements and two-sided copies of cancelled checks, on—line bill pay transaction registers �ters or other acceptable evidence of payment_ Original tear sheets of print ads showing publication name and date, affidavit of broadcast dates and times, screen shots of on-line ads showing date of capture, samples of printed materials and proofs of TV ads and radio scripts to the Executive Director of the Naples, Marco, Everglades Convention and Visitors Bureau ("CVB"), or his designee, for review and upon verification by letter from the GRANTEE that the services or work performed as described in the invoice have been completed or that the goods have been received and that all vendors have been paid. (b) The Executive Director of the CVB, 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 "F" 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 of the Board of County Commissioners 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 F". �f) Expenditures with publications, broadcast and brochure distribution with circulation or reach outside Collier County over 50% of the total will be acceptable for September 6, 2011 New Business 7-b 6 of 21 reimbursement at full value based on a statement from the publisher, broadcaster or distributor attesting to that circulation percentage. (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. (fJ All requests for reimbursement must be received by I)eee}nhe? 1-January 3 t, Septembef-30, 20124- to be eligible for payment. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in Paragraph One (1) will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2010 and January 31September- 30, 20124. (c) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY's written request to repay said funds. (d) COUNTY may request repayment of funds for a period of up to three (3) years after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming the Collier County Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person September 6, 2011 New Business 7-b 7 of 21 WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY — Statutory (c) The Certificate of Insurance must be delivered to the Executive Director of the CVB or his designee with copies of the Agreement executed by GRANTEE. The GRANTEE shall not commence promotional or advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY and the Agreement is fully executed. 5. REPORTING REQUIREMENTS: (a) GRANTEE shall provide to County a preliminary status report on the form attached hereto as Exhibit "A" within thirty (30) days of the effective date of the agreement. (b) GRANTEE shall provide to County a calendar quarterly interim status report on the form attached hereto as Exhibit "B" whether or not a Request for Funds is submitted. (c) GRANTEE shall provide to County a final status report on the form attached hereto as Exhibit "C" no later than January 31, Oeto ef 15, 20121. (d) Each report shall identify the amount spent, the duties performed, the services provided, economic impact l enerated by the GRANT'FF and the goods delivered since the previous reporting period. (e) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. (fl COUNTY may withhold any interim or final payments for failure of GRANTEE to provide the interim status report or final status report until the County receives the interim status report or final status report or other report acceptable to the Executive Director of the CVB. (g) GRANTEE shall request that visitors to Rookery Bay complete the visitor questionnaire attached to this Agreement as Exhibit "E". All completed visitor questionnaires shall be maintained in accordance with Section 13 of this Agreement. 6. CHOICE OF VENDORS AND FAIR DEALING: September 6, 2011 New Business 7-b 8of21 (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph One (1). (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. (c) GRANTEE agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION: 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: Bruce Robertson, Board President Friends of Rookery Bay 300 Tower Road Naples, Florida 34113 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: Jack Wert, Executive Director Naples, Marco Island, Everglades CVB September 6, 2011 New Business 7-b 9of21 2800 N. Horseshoe Drive Naples, Florida 34104 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. --_ _ Formatte Left: -0.1 11. TERMINATION: single (a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination specifying the effective date of termination. (b) If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the termination so long as such expenses are eligible. 12. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records. All revenue related to the Agreement must be recorded, and all expenditures must be incurred within the term of this Agreement. 13. AVAILABILITY OF FUNDS: This agreement is subject to the availability of September 6, 2011 New Business 7-b 10 of 21 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 for a period of three (3) years. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any transactions related to this Agreement. 15. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 16. TERM: This Agreement shall become effective on October 1, 2010 and shall Iremain effective few until January 31 ept er•-3,0, 2*."2012. 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 above date One (1) yeaf *a • in order to ((complete the Project must be at the express consent of the Collier County Board of County Commissioners. 17. 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 90 days. 18. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Executive Director of the CVB or his designee, along with a final budget �nalysis by .lanuary 3I October—;-5-, X"2012. Septernber 6, 2011 New Business 7-b 11 of21 19. REQUIRED NOTATION: All promotional literature and all print, broadcast and nedia advertising must prominently list Collier County —and the Tourist Development as a source of funds to read "A cooperative effort funded by the Collier Couty Tourist nent Tax"; and/or display the CVB logo and website address, :ww.parradisecoast.com to Field cod ualify for reimbursement. 20. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. September 6, 2011 New Business 7-b 12 of 21 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: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency Assistant County Attorney WITNESSES: (1) Printed/Typed Name (2) Printed/Typed Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, Chairman GRANTEE: FRIENDS OF ROOKERY BAY, INC. C Printed/Typed Name September 6, 2011 New Business 7-b 13 of 21 Printed/Typed Title September 6, 2011 New Business 7-b 14 of 21 EXHIBIT "A" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Preliminary Status Report TITLE: FAX: On an attached sheet; answer the following questions and attach it to your application. PRELIMINARY INFORMATION: Is this a first time project? If not, please give details of past projects. Do you anticipate using area hotels in support of your project? If so, what are the estimated hotel room nights generated by project? September 6, 2011 New Business 7-b 15 of 21 What is the estimated revenue generated by this project? What is the estimated number of participants expected to visit the project? If project P iRg-4-splannin& is in progress, what has been done, what remains to be done, and are there any problems? If the project planning has not been started, why? List any planned out -of -county advertising, marketing, and/or public relations that will be used in support of the project. September 6, 2011 New Business 7-b 16 of 21 EXHIBIT "B" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Interim Status Report TITLE: AX: On an attached sheet, answer the following questions to identify the status of the project Submit this report at least quarterly. INTERIM — These questions will identify the current status of the project. After the TDC staff reviews this Interim Status Report, if they feel you are behind schedule on the planning stages, they will make recommendations to help get the project stay on schedule. Has the planning of this project started? At what point are you at with the planning stage for this project? (Percent of completion) Will any hotels/motels be utilized to support this project? If so, how many hotel room nights will be utilized? What is the total dollar amount to date of matching contributions? What is the status of the advertising and promotion for this project? September 6, 2011 New Business 7-b 17 of 21 Have your submitted any advertisements or printed pieces to the TDC staff for approval? Please supply a sample and indicate the ad schedule. How has the public interest for this project been up to this point? September 6, 2011 New Business 7-b 18 of 21 EXHIBIT "C Collier County Tourist Development Council Final Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: On an attached sheet answer the following auestions for each element in your scope of work Final — These questions should be answered for your final status report. Was this a first time project? If not, how many times has this event taken place? What hotels/motels were utilized to support the project and how many? What is the total revenue generated for this event? Total expenses. (Have all vendors been paid?) List the vendors that have been paid, if not, what invoices are still outstanding and why? What is the number of participants that visited the project? What is the percentage of the total participants from out of Collier County? What problems occurred if any during the project event? List any out -of -county- advertising, marketing, and/or public relations that was used to support the project and attach samples. How could the project been improved or expanded? EXHIBIT "D" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAM ORGANIZATION September 6, 2011 New Business 7-b 19 of 21 ADDRESS CONTACT PERSON TELEPHONE ( ) REQUEST PERIOD FROM TO REQUEST # ( ) INTERIM REPORT ( ) FINAL REPORT TOTAL CONTRACT AMOUNT $ EXPENSE BUDGET REIMBURSEMENT REQUESTED TOTALS NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Copies of paid invoices, cancelled checks, tear sheets, printed samples or other backup information to substantiate payment must accompany request for funds. The following will not be accepted for payments: statements in place of invoices; checks or invoices not dated; tear sheets without date, company or organizations name. A tear sheet is required for each ad for each day or month of publication. A proof of an ad will not be accepted. Each additional request for payment subsequent to the first request, Grantee is required to submit verification in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. If project budget has specific categories with set dollar limits, the Grantee is required to include a spreadsheet to show which category each invoice is being paid from and total of category before payment can be made to Grantee. Organizations receiving funding should take into consideration that it will take a maximum of 45 days for the County to process a check. Furnishing false information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on our official accounting system and records, consistently applied and maintained and that the cost shown have been made for the purpose of and in accordance with, the terms of the contract. The funds requested are for reimbursement of actual cost made during this time period. SIGNATURE TITLE September 6, 2011 New Business 7-b 20 of 21 EXHIBIT "E" Naples Marcd Everglades PARADISE COAST VISITOR QUESTIONNAIRE Welcome to the Paradise Coast sm. Thank you for choosing this area for your visit. Please take a few minutes to complete the following questions so that we can better serve the needs of future visitors to Florida's Last Paradise sm. PLEASE REFER TO OUR PARADISE COAST BROCHURES FOR THE LOCATION OF ALL AREA ATTRACTIONS. NAME: AUUKt55: CITY ST 71P UAI t Ut AKKIVAL: DATE OF DEPARTURE: WHERE ARE YOU HOTEL/RESORT FRIENDS/FAMILY CONDOMINIUM STAYING? NAME OF HOTEL AND CITY/AREA: NAME OF CONDOMINIUM/TIMESHARE: # OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY = HOW DID YOU SELECT THE HOTEL/CONDOMINIUM? INTERNET ( ) YOUR CHOICE ( ) TRAVEL AGENT ( ) OTHER: NUMBER OF MEALS YOU & YOUR GROUP WILL EAT OUT: Number of people in your party = Number of days of your visit = Number of meals eaten out each day = PLANNED AREA ACTIVITIES: (Please circle all that apply) ARTS & CULTURE WATER SPORTS NATURE von Liebig Art Center Beaches Everglades Tour Naples Museum of Art Naples Pier County Parks Sugden Theatre Shelling National Park Naples Philharmonic Fishing State Parks Art Galleries Boating Corkscrew Swamp Other Kayaking Conservancy of SW FL Other Lake Trafford SHOPPING AND DINING Fifth Avenue South Third Street South Waterside Shops Venetian Bay Bayfront Tin City Prime Outlets Other SIGHTSEEING Lunch/Dinner Cruise/ Sunset Cruise City Trolley Tour Everglades Tour Segway Tour Dolphin Cruise Other Other FAMILY ATTRACTIONS Naples Zoo Naples Botanical Garden Fun'n Sun Water Park Swamp Buggy Race Mini Golf King Richard's Fun Park Other RELAXATION & ENTERTAINMENT Golf Spa Shelling Seminole Casino Lounges & Clubs Music Other_ September 6, 2011 New Business 7-b 21 of 21 EXHIBIT "F" Friends of Rookery Bay Project Budget FY 11 Grant Funded Projects: • Video & PSA production • Media advertising and production in out of Collier County print, broadcast and on-line media • Tourism Industry Association memberships • Website enhancements • Direct mail and e-marketing production & distribution Total Project Budget not to exceed $50,000 • .. September 6, 2011 New Business 7-c 1 of 129 TDC EXECUTIVE SUMMARY Recommendation to approve Amendments to FY 11 Tourist Development Tax Category B and C-2 grant agreements to clarify reimbursement requirements. OBJECTIVE: Approve amendments to all FY 11 tourist tax grant agreements. CONSIDERATIONS: The Clerk of Courts Internal Audit division has suggested various revisions in the contract language for all FY 11 and future grant agreements to clarify the reimbursement requirements and streamline the payment procedure. The proposed changes are tracked on the attached FY 11 Category B and C-2 amendment exhibits. Below is a synopsis of the suggested revisions: EVIDENCE OF PAYMENT/PERFORMANCE: • Both sides of cancelled checks are required for proof of payment. • On-line bill pay or credit card transactions require proof of actual payment by the bank. • Original ad tear sheets with proof of date and name of publication, screen shots of on-line ads with date documentation are required. • Broadcast station affidavits required as proof of performance. • SW Florida regional broadcast, print publications or brochure distribution require publishers statement as to the percentage of circulation within Collier County. If outside Collier circulation or viewership is over 50%, all of the expense is eligible for reimbursement. • Prepayments or deposits on services will not be eligible for reimbursement. • Eligible expenditures must be delivered and paid for within the effective dates of the agreement. REPORTING REQUIREMENTS: • Clarification of calendar quarter interim status reports; documentation of economic impact required. REQUIRED NOTATION: • CVB logo and/or funding language of "A cooperative effort funded by the Collier County Tourist Development Tax" is required on any form of advertising. TERM: • Agreement extension to 11/30/11 in order for the Grantees to comply with amendment revisions. • Expenditures incurred after 9/30/11 will not be eligible for reimbursement. September 6, 2011 New Business 7-c 2 of 129 FISCAL IMPACT: There is no fiscal impact to this action. GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan from this action. LEGAL CONSIDERATION: This item has been reviewed by the County Attorney's Office, requires majority vote, and is legally sufficient for Board action. -CMG RECOMMENDATION: That the TDC recommend approval of Amendments to the FY 11 Tourist Development Tax Category B and C-2 grant agreements to clarify reimbursement requirements. SUBMITTED BY: Jack Wert, Tourism Director TDC MEETING DATE: Sept. 6, 2011 September 6, 2011 New Business 7-c 3of129 EXHIBIT A-1 Contract Amendment #1 "2011 Tourism Agreement Between Collier County and Naples International Film Festival (NIFF, Inc.)" This amendment, dated , 2011 to the referenced agreement shall be by and between the parties to the original Agreement, Naples International Film Festival (NIFF, Inc.) (to be referred to as "Grantee") and Collier County, Florida, (to be referred to as "County"). Statement of Understanding RE: Contract # 10-5551 - "2011 Tourism Agreement Between Collier County and Naples International Film Festival (NIFF, Inc.)" In order to continue the services provided for in the original Contract document referenced above, the GRANTEE agrees to amend the above referenced Contract as per the Exhibit "Al -A" attached to this Amendment and incorporated herein by reference. This Amendment shall extend the Agreement through November 30, 2011. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Grantee and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. ATTEST: DWIGHT E. BROCK, Clerk By: Dated: (SEAL) Approved as to form and legal sufficiency Assistant County Attorney WITNESSES: (1) Printed/Typed Name (2) Printed/Typed Name Accepted: 52011 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman GRANTEE: Naples International Film Festival (NIFF, Inc.) M. Printed/Typed Name Printed/Typed Title September 6, 2011 New Business 7-c 4 of 129 Exhibit Al -A 2011 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES INTERNATIONAL FILM FESTIVAL, INC. THIS AGREEMENT is made and entered into this day of 12010, by and between NIFF, 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 Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated to promote and advertise tourism within the State of Florida, nationally and internationally which encourages tourism; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds for community information services; and WHEREAS, The Collier County Board of County Commissioners has approved the funding request of the GRANTEE and the Chairman was authorized to execute the Tourism Agreement. 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 "F", the GRANTEE shall expend the funds for the production the 2010 Naples International Film Festival (hereinafter "the Project"), . 1 September 6, 2011 New Business 7-c 5 of 129 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Twenty Thousand Dollars ($20,000), with Fourteen Thousand Dollars ($14,000) expended in Fiscal Year 2010 and the balance in Fiscal Year 2011. GRANTEE shall be paid in accordance with fiscal procedures of the County for the expenditures incurred as described in Paragraph One (1) herein upon submittal of a Request for Funds on the form attached hereto as Exhibit "D" and made a part hereof, and shall submitwo-sided copies of cancelled checks, ortl—line bill av transaction registers or other acce table evidence of La��nent. ori_gjnal tear sheets of print ads shoNkJjLI t publication name and date, affidavit of broadcast dates and times screen shots of'on-line ads sliowing date of capture. samples of' printed materials and proofs of TV ads and 7 adio scripts _ pto the Executive Director of the Naples, Marco, Everglades Convention and Visitors Bureau ("CVB"), or his designee, for review and upon verification by letter from the GRANTEE that the services or work performed as described in the invoice have been completed or that the goods have been received and that all vendors have been paid. (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 line item budget attached as Exhibit "F" 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 of the Board of County Commissioners pre -audits all payment invoices in accordance with law. (e) GRANTEE shall be paid for its actual costs, not to exceed the total amount for any line item nor, the maximum amount budgeted pursuant to the attached "Exhibit F". The amounts applicable to the various line items of Exhibit "F", subject to the maximum total amount, may be increased or decreased by up to ten percent (10%) at the discretion of GRANTEE. Adjustment in excess of ten percent (10%) of any line item may be authorized by the County Manager or his designee. (1) Expenditures with publications. broadcast and brochure distribution witli circulation or reael) outside Collier County over 50% of the total will be acceptable f..or reimbursement at full value based on a statement from the publisher. broadcaster or distributor attestin{� to that circulation percenta<Te. 2 September 6, 2011 New Business 7-c 6of129 (i7) Invoices for prepayment or for deposit on services will not be eligible for reimbursement. (h) �Scr� 7� cs or product nu t be delivered and paid 1a7 by Gl-tlNTEF.; between the effective dates of this agreement. (411) All requests for reimbursement must be received prior to Sept November 30, 2011 to be eligible for payment. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in Paragraph One (1) will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between the effective date of this agreement and r November 30, 2011. (c) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY's written request to repay said funds. (d) COUNTY may request repayment of funds for a period of up to three (3) years after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming Collier County Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY — Statutory (c) The Certificate of Insurance must be delivered to the Tourism Director, or his designee, with the executed Agreement. The GRANTEE shall not commence promotional or 3 September 6, 2011 New Business 7-c 7 of 129 advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY and the Agreement is fully executed. 5. REPORTING REQUIREMENTS: (a) GRANTEE shall provide to County a preliminary status report on the form attached hereto as Exhibit "A" within thirty (30) days of the effective date of the agreement. (b) GRANTEE shall provide to County a calendar quarterly interim status report on the form attached hereto as Exhibit "B" wliether or not a Request for Funds is submitted. (c) GRANTEE shall provide to County a final status report on the form attached hereto as Exhibit "C" no later than O to~ el i--. 1 Novernbe.r 30, 2011. (d) Each report shall identify the amount spent, the duties performed, the services provided the economic impai t ;,enerated by the GRANTEE and the goods delivered since the previous reporting period. (e) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. (f) COUNTY may withhold any interim or final payments for failure of GRANTEE to provide the interim status report or final status report until the County receives the interim status report or final status report or other report acceptable to the Executive Director of the C 6. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph One (1). (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. (c) GRANTEE agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION: 4 September 6, 2011 New Business 7-c 8 of 129 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 certified mail to the GRANTEE at the following address: Tim Rowe, President Naples International Film Festival, Inc. 720 Belair Court Naples, FL 34103 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by certified mail to the COUNTY to: Jack Wert, Executive Director Naples, Marco Island, Everglades CVB 2800 N. Horseshoe Drive Naples, Florida 34104 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 5 September 6, 2011 New Business 7-c 9 of 129 requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. 11. TERMINATION: (a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination specifying the effective date of termination. (b) If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the termination so long as such expenses are eligible. 12. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records. All revenue related to the Agreement must be recorded, and all kxpenditures must be incurred within the term of this Agreement. 13. AVA.11-ABILITY OF I L NDS: This qg eement is subject to the availability of "eK eloEment Tax revenues. If for any reason tourist tax funds are not available to fund all this agreement, the C Ol NTY may _upon written notice , at anv time durinu the term of s agreement, anu at its cote discretion. re;Iuce or e 4-314. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement for a period of three (3) years. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any transactions related to this Agreement. 1>4. 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. C September 6, 2011 New Business 7-c 10 of 129 16-. TERM: This Agreement shall become effective on the date of approval by the oard of County Commissioners and shall remain effective until & r bel November 30, 2011. 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 original term in order to complete the Project must be at the express consent of the Collier County Board of County Commissioners. 176. 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 one (1) year. 18-7. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Tourism Director, or his designee, along with a final budget analysis by �- er-34-November 30, 2011. 19-9. REQUIRED NOTATION: All promotional literature and all rid nt,broadcast aired -n-line media advertising must prominently list Collier County and the Tourist Development ouncil as a source of funds to read "A cooperative effort funded by the Collier County Tourist evelopm�ax"; and/ter display the CVB logo with website address www.paradisecoast.com to qualify for reimbursement. 22004-4. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. 7 September 6, 2011 New Business 7-c 11 of 129 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: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency Assistant County Attorney WITNESSES: (1) Printed/Typed Name (2) Printed/Typed Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, Chairman GRANTEE: NIFF, INC. Printed/Typed Name Printed/Typed Title E:3 September 6, 2011 New Business 7-c 12 of 129 EXHIBIT "A" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Preliminary Status Report TITLE: On an attached sheet, answer the following questions and attach it to your application. PRELIMINARY INFORMATION: Is this a first time project? If not, please give details of past projects. Do you anticipate using area hotels in support of your project? If so, what are the estimated hotel room nights generated by project? What is the estimated revenue generated by this project? What is the estimated number of participants expected to visit the project? If project planning is in progress, what has been done, what remains to be done, and are there any problems? If the project planning has not been started, why? List any planned out -of -county advertising, marketing, and/or public relations that will be used in support of the project. E September 6, 2011 New Business 7-c 13 of 129 EXHIBIT "B" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Interim Status Report TITLE: Q On an attached sheet, answer the following questions to identify the status of the project. Submit this report at least quarterly. INTERIM — These questions will identify the current status of the project. After the TDC staff reviews this Interim Status Report, if they feel you are behind schedule on the planning stages, they will make recommendations to help get the project stay on schedule. Has the planning of this project started? At what point are you at with the planning stage for this project? (Percent of completion) Will any hotels/motels be utilized to support this project? If so, how many hotel room nights will be utilized? What is the total dollar amount to date of matching contributions? What is the status of the advertising and promotion for this project? Have your submitted any advertisements or printed pieces to the TDC staff for approval? Please supply a sample and indicate the ad schedule. How has the public interest for this project been up to this point? 10 September 6, 2011 New Business 7-c 14 of 129 EXHIBIT "C" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Final Status Report TITLE: FAX: On an attached sheet, answer the fbHowin_g questions for each element in your scope of work. Final — These questions should be answered for your final status report. Was this a first time project? If not, how many times has this event taken place? What hotels/motels were utilized to support the project and how many? What is the total economic impact and revenue generated for this event? Total expenses. (Have all vendors been paid?) List the vendors that have been paid, if not, what invoices are still outstanding and why? What is the number of participants that visited the project? What is the percentage of the total participants from out of Collier County? What problems occurred if any during the project event? List any out -of -county- advertising, marketing, and/or public relations that was used to support the project and attach samples. How could the project been improved or expanded? 11 September 6, 2011 New Business 7-c 15 of 129 EXHIBIT "D" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAM ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE ( REQUEST PERIOD REQUEST# ( ) INTERIM REPORT FROM TO, ( ) FINAL REPORT TOTAL CONTRACT AMOUNT $ EXPENSE BUDGET REIMBURSEMENT REQUESTED TOTALS NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application and Scope of Services in your agreement. Copies of paid invoices, cancelled checks, tear sheets, printed samples or other backup information to substantiate payment must accompany request for funds. The following will not be accepted for payments: statements in place of invoices; checks or invoices not dated; tear sheets without date, company or organizations name. A tear sheet is required for each ad for each day or month of publication. A proof of an ad will not be accepted. For each additional request for payment subsequent to the first request, Grantee is required to submit verification in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. If project budget has specific categories with set dollar limits, the Grantee is required to include a spreadsheet to show which category each invoice is being paid from and total of category before payment can be made to Grantee. Organizations receiving funding should take into consideration that it will take a maximum of 45 days for the County to process a check. Furnishing false information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on our official accounting system and records, consistently applied and maintained and that the cost shown have been made for the purpose of and in accordance with, the terms of the contract. The funds requested are for reimbursement of actual cost made during this time period. SIGNATURE 12 TITLE EXHIBIT "F" 2010 Naples International Film Festival, Inc. Project Budget Out of Collier County marketing and advertising expenses to include website and social media site ads. Up to $14,000 to be expended in Fiscal Year 2010 and the balance expended in Fiscal Year 2011 Total: 13 September 6, 2011 New Business 7-c 16 of 129 Funding — Not to Exceed 20 000 $20,000 September 6, 2011 New Business 7-c 17 of 129 EXHIBIT A-1 Contract Amendment #1 "2011 Tourism Agreement Between Collier County and Corrigan Sports Enterprises, Inc." This amendment, dated , 2011 to the referenced agreement shall be by and between the parties to the original Agreement, Corrigan Sports Enterprises, Inc. (to be referred to as "Grantee") and Collier County, Florida, (to be referred to as "County"). Statement of Understanding RE: Contract # 10-5551 - "2011 Tourism Agreement Between Collier County and Corrigan Sports Enterprises, Inc." In order to continue the services provided for in the original Contract document referenced above, the GRANTEE agrees to amend the above referenced Contract as per the Exhibit "Al -A" attached to this Amendment and incorporated herein by reference. This Amendment shall extend the Agreement through November 30, 2011. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Grantee and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. ATTEST: DWIGHT E. BROCK, Clerk By: Dated: (SEAL) Approved as to form and legal sufficiency Assistant County Attorney WITNESSES: (1) Printed/Typed Name (2) Printed/Typed Name Accepted: 52011 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman GRANTEE: Corrigan Sports Enterprises, Inc. C Printed/Typed Name Printed/Typed Title September 6, 2011 New Business 7-c Exhibit Al -A 18of129 2011 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND CORRIGAN SPORTS ENTERPRISES, INC. THIS AGREEMENT is made and entered into this 1st day of October, 2010, by and between Corrigan Sports Enterprise, Inc., a Florida not -for -profit corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY". WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Collier County Tourism Ordinance provides that certain of the revenues generated by the Tourist Development Tax are to be allocated to promote and advertise tourism within the State of Florida, nationally and internationally which encourages tourism; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds for out of market promotion of a Lacrosse sporting event to attract overnight visitors to the area; and WHEREAS, The Collier County Board of County Commissioners has approved the funding request of the GRANTEE and the Chairman was authorized to execute the Tourism Agreement. 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 "E", the GRANTEE shall expend the funds for the out of county promotion of the IWLCA Lacrosse Event (hereinafter "the Event"). 1 September 6, 2011 New Business 7-c 2. PAYMENT: 19 of 129 (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 fiscal procedures of the County for the expenditures incurred as described in Paragraph One (1) herein upon submittal of a Request for Funds on the form attached hereto as Exhibit "D" and made a part hereof, and shall submit vendor-, copies of credit card receipts and statements and two-sided copies of cancelled checks, on—line bill pay transaction registers or other acceptable evidence of payment, original tear sheets of print ads showing_ publication name and date, affidavit of broadcast dates and times, screen shots of on-line ads showing date of capture, samples of printed materials and proofs of TV ads and radio scripts I4 Vye_s and eepies of ;.aneelled eheeks o ether evide t�llei• VI payment -to the Executive Director of the Naples, Marco, Everglades Convention and Visitors Bureau ("CVB"), or his designee, for review and upon verification by letter from the GRANTEE that the services or work performed as described in the invoice have been completed or that the goods have been received and that all vendors have been paid. (b) The Executive Director of the CVB 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 "F" 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 of the Board of County Commissioners 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 E". (f) Expenditures with publications, broadcast and brochure distribution with circulation or reach outside Collier County over 50% of the total will be acceptable for reimbursement at full value based on a statement from the publisher, broadcaster or distributor attesting to that circulation percentage. (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. N September 6, 2011 New Business 7-c (if) All requests for reimbursement must be received prior to Sep= ovember 30, 2011 to be eligible for payment. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in Paragraph One (1) will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2010 and SeptenbepmNovember 30, 2011. (c) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY's written request to repay said funds. (d) COUNTY may request repayment of funds for a period of up to three (3) years after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming Collier County Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY — Statutory (c) The Certificate of Insurance must be delivered to the Executive Director of the CVB, or his designee, with the executed Agreement. The GRANTEE shall not commence promotional or advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY and the Agreement is fully executed. 5. REPORTING REQUIREMENTS: (a) GRANTEE shall provide to County a preliminary status report on the form attached hereto as Exhibit "A" within thirty (30) days of the effective date of the agreement. 3 September 6, 2011 New Business 7-c 21 of 129 (b) GRANTEE shall provide to County a calendar quarterly interim status report on the form attached hereto as Exhibit "B" whether or not a Request for Funds is submitted. (c) GRANTEE shall provide to County a final status report on the form attached hereto as Exhibit "C" no later than -November 300etobe+: 15, 2011. (d) Each report shall identify the amount spent, the duties performed, the services provided, the economic impact generated by the GRANTEE and the goods delivered since the previous reporting period. (e) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. (f) COUNTY may withhold any interim or final payments for failure of GRANTEE to provide the interim status report or final status report until the County receives the interim status report or final status report or other report acceptable to the Executive Director of the CVB. 6. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph One (1). (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. (c) GRANTEE agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION: 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. n September 6, 2011 New Business 7-c 22 of 129 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: Richard Lee Corrigan, President Corrigan Sports Enterprises, Inc. 6725 Santa Barbara Ct. Suite 104 Elkridge, MD 21075 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: Jack Wert, Executive Director Naples, Marco Island, Everglades CVB 2800 N. Horseshoe Drive Naples, Florida 34104 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 k, September 6, 2011 New Business 7-c 23 9f 129 subcontractors and vendors, up to the effective date of the termination so long as such expenses are eligible. 12. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records. All revenue related to the Agreement must be recorded, and all expenditures must be incurred within the term of this Agreement. 13. AVAILABILITY OF FUNDS: This agreement is subject to the availability of Tourist Development Tax revenues. If for any reason tourist tax funds are not available to fund all or part of this agreement, the COUNTY may upon written notice , at any time during the term of this agreement, and at its sole discretion, reduce or eliminate funding under this agreement. 14. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement for a period of three (3) years. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any transactions related to this Agreement. 15. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 16. TERM: This Agreement shall become effective on October 1, 2010 and shall remain effective for one year until Septe nber November 30, 2011. 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 r" *amabove date in order to complete the (Project must be at the express consent of the Collier County Board of County Commissioners. 17. 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 90 days. 0 September 6, 2011 New Business 7-c 18. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Executive Director of the CVB or his designee, along with a final budget [Hialysis by Oe4obet-445November 30, 2011. 19. REQUIRED NOTATION: All promotional literature and all print, broadcast and 1-line media advertising must prominently list Collier County and the Tourist Development ouncil as a source of funds to read "A cooperative effort funded by the Collier County Tourist evelopment Tax"; and/or display the CV13 logo with website address www.paradisecoast.com to qualify for reimbursement. 20. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. 7 September 6, 2011 New Business 7-c 25 of 129 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: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency Assistant County Attorney WITNESSES: (1) Printed/Typed Name (2) Printed/Typed Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, Chairman GRANTEE: CORRIGAN SPORTS ENTERPRISES, INC. Printed/Typed Name Printed/Typed Title E September 6, 2011 New Business 7-c 26 of 129 EXHIBIT "A" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: I;i SUL4 Preliminary Status Report TITLE: FAX: On an attached sheet, answer the following questions and attach it to your application. PRELIMINARY INFORMATION: Is this a first time project? If not, please give details of past projects. Do you anticipate using area hotels in support of your project? If so, what are the estimated hotel room nights generated by project? What is the estimated revenue generated by this project? What is the estimated number of participants expected to visit the project? If project planning is in progress, what has been done, what remains to be done, and are there any problems? If the project planning has not been started, why? List any planned out -of -county advertising, marketing, and/or public relations that will be used in support of the project. 9 September 6, 2011 New Business 7-c EXHIBIT "B" 27 of 129 Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Interim Status Report TITLE: On an attached sheet, answer the following questions to identify the status of the project. Submit this report at least quarterly. INTERIM — These questions will identify the current status of the project. After the TDC staff reviews this Interim Status Report, if they feel you are behind schedule on the planning stages, they will make recommendations to help get the project stay on schedule. Has the planning of this project started? At what point are you at with the planning stage for this project? (Percent of completion) Will any hotels/motels be utilized to support this project? If so, how many hotel room nights will be utilized? What is the total dollar amount to date of matching contributions? What is the status of the advertising and promotion for this project? Have your submitted any advertisements or printed pieces to the TDC staff for approval? Please supply a sample and indicate the ad schedule. How has the public interest for this project been up to this point? `K September 6, 2011 New Business 7-c EXHIBIT "C„ 28 of 129 Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Final Status Report TITLE: �4 On an attached sheet, answer the following questions for each element in your scope of work. Final — These questions should be answered for your final status report. Was this a first time project? If not, how many times has this event taken place? What hotels/motels were utilized to support the project and how many? What is the total economic impact and revenue generated for this event? Total expenses. (Have all vendors been paid?) List the vendors that have been paid, if not, what invoices are still outstanding and why? What is the number of participants that visited the project? What is the percentage of the total participants from out of Collier County? What problems occurred if any during the project event? List any out -of -county- advertising, marketing, and/or public relations that was used to support the project and attach samples. How could the project been improved or expanded? 11 EXHIBIT "D" September 6, 2011 New Business 7-c 29 of 129 REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAM ORGAN IZATI ADDRESS CONTACT PERSON REQUEST PERIOD REQUEST# ( ) INTERIM REPORT TOTAL CONTRACT AMOUNT EXPENSE TOTALS TELEPHONE( ) FROM TO ( ) FINAL REPORT BUDGET REIMBURSEMENT REQUESTED NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Copies of paid invoices, cancelled checks, tear sheets, printed samples or other backup information to substantiate payment must accompany request for funds. The following will not be accepted for payments: statements in place of invoices; checks or invoices not dated; tear sheets without date, company or organizations name. A tear sheet is required for each ad for each day or month of publication. A proof of an ad will not be accepted. Each additional request for payment subsequent to the first request, Grantee is required to submit verification in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. If project budget has specific categories with set dollar limits, the Grantee is required to include a spreadsheet to show which category each invoice is being paid from and total of category before payment can be made to Grantee. Organizations receiving funding should take into consideration that it will take a maximum of 45 days for the County to process a check. Furnishing false information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on our official accounting system and records, consistently applied and maintained and that the cost shown have been made for the purpose of and in accordance with, the terms of the contract. The funds requested are for reimbursement of actual cost made during this time period. SIGNATUR 12 TITLE September 6, 2011 New Business 7-c EXHIBIT "E" 30 of 129 Corrigan Sports Enterprises, Inc. Project Budget Out of County Advertising and Marketing Expenses in Sports Publications to promote the IWLCA Lacrosse Event Total: 13 Funding — Not to Exceed $5,000 September 6, 2011 New Business 7-c 31 of 129 EXHIBIT A-2 Contract Amendment #2 "2011 Tourism Agreement Between Collier County and ArtsNaples World Festival, Inc." This amendment, dated , 2011 to the referenced agreement shall be by and between the parties to the original Agreement, ArtsNaples World Festival, Inc. (to be referred to as "Grantee") and Collier County, Florida, (to be referred to as "County"). Statement of Understanding RE: Contract # 10-5551 - "2011 Tourism Agreement Between Collier County and ArtsNaples World Festival, Inc." In order to continue the services provided for in the original Contract document referenced above, the GRANTEE agrees to amend the above referenced Contract as per the Exhibit "A2-A" attached to this Amendment and incorporated herein by reference. This Amendment shall extend the Agreement through November 30, 2011. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Grantee and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. ATTEST: DWIGHT E. BROCK, Clerk By: Dated: (SEAL) Approved as to form and legal sufficiency Assistant County Attorney WITNESSES: (1) Printed/Typed Name (2) Printed/Typed Name Accepted: 52011 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman GRANTEE: ArtsNaples World Festival, Inc. LUX Printed/Typed Name Printed/Typed Title September 6, 2011 New Business 7-c 32 of 129 Exhibit A2-A 2011 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND ARTSNAPLES WORLD FESTIVAL, INC. THIS AGREEMENT is made and entered into this 1st day of October, 2010, by and between ArtsNaples World Festival, Inc., a Florida not -for -profit corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Collier County Tourism Ordinance provides that certain of the revenues generated by the Tourist Development Tax are to be allocated to promote and advertise tourism within the State of Florida, nationally and internationally which encourages tourism; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds to promote an international celebration of the arts festival; and WHEREAS, The Collier County Board of County Commissioners has approved the funding request of the GRANTEE and the Chairman was authorized to execute the Tourism Agreement. 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 "E", the GRANTEE shall expend the funds for website development to promote the Naples World Festival (hereinafter "the Project"). 1 September 6, 2011 New Business 7-c 33 of 129 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Fifteen Thousand Dollars ($15,000). GRANTEE shall be paid in accordance with fiscal procedures of the County for the expenditures incurred as described in Paragraph One (1) herein upon submittal of a Request for Funds on the form attached hereto as Exhibit "D" and made a part hereof, and shall submit vendor-, copies of credit card receipts and statements and two-sided copies of cancelled checks on-line bill pay transaction registers or other acceptable evidence of payment original tear sheets of print ads showing publication name and date, affidavit of broadcast dates and times, screen shots of on-line ads showing date of capture samples of printed materials and proofs of TV ads and radio scripts-iiivaiees and eepies of e emi elled ' othe d F' vu �•ueen'.� paji�nefit and peffi)ffflanee—to the Executive Director of the Naples, Marco, Everglades Convention and Visitors Bureau ("CVB"), or his designee, for review and upon verification by letter from the GRANTEE that the services or work performed as described in the invoice have been completed or that the goods have been received and that all vendors have been paid. (b) The Executive Director of the CVB 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 "F" 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 of the Board of County Commissioners 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 E". -(f) Expenditures with publications broadcast and brochure distribution with circulation or reach outside Collier County over 50% of the total will be acceptable for reimbursement at full value based on a statement from the publisher, broadcaster or distributor attesting; to that circulation percentage. (4) 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. 2 September 6, 2011 New Business 7-c 34 of 129 (ti) All requests for reimbursement must be received prior to Se November 30, 2011 to be eligible for payment. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in Paragraph One (1) will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2010 and Sept bei-November 30, 2011. (c) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY's written request to repay said funds. (d) COUNTY may request repayment of funds for a period of up to three (3) years after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming Collier County Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY — Statutory (c) The Certificate of Insurance must be delivered to the Executive Director of the CVB, or his designee, with the executed Agreement. The GRANTEE shall not commence promotional or advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY and the Agreement is fully executed. 5. REPORTING REQUIREMENTS: (a) GRANTEE shall provide to County a preliminary status report on the form attached hereto as Exhibit "A" within thirty (30) days of the effective date of the agreement. 3 September 6, 2011 New Business 7-c 35 of 129 (b) GRANTEE shall provide to County a calendar quarterly interim status report on the form attached hereto as Exhibit "B" whether or not a Request for Funds is submitted. (c) GRANTEE shall provide to County a final status report on the form attached hereto as Exhibit "C" no later than November 309etebei15, 2011. (d) Each report shall identify the amount spent, the duties performed, the services provided, the economic impact generated by the GRANTEE and the goods delivered since the previous reporting period. (e) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. (f) COUNTY may withhold any interim or final payments for failure of GRANTEE to provide the interim status report or final status report until the County receives the interim status report or final status report or other report acceptable to the Executive Director of the CVB. 6. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph One (1). (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. (c) GRANTEE agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION: 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 n September 6, 2011 New Business 7-c 36 of 129 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: Merlin Lickhalter, President ArtsNaples World Festival, Inc. 6825 Grenadier Blvd. #1005 Naples, FL 34108 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: Jack Wert, Executive Director Naples, Marco Island, Everglades CVB 2800 N. Horseshoe Drive Naples, Florida 34104 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. 5 September 6, 2011 New Business 7-c 37 of 129 (b) If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the termination so long as such expenses are eligible. 12. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records. All revenue related to the Agreement must be recorded, and all expenditures must be incurred within the term of this Agreement. 13. AVAILABILITY OF FUNDS: This agreement is subject to the availability of Tourist Development Tax revenues. If for any reason tourist tax funds are not available to fund all or part of this agreement, the COUNTY may upon written notice , at any time during the term of this agreement, and at its sole discretion, reduce or eliminate funding under this agreement. 14. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement for a period of three (3) years. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any transactions related to this Agreement. 15. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 16. TERM: This Agreement shall become effective on October 1, 2010 and shall (remain effective for one year until Septe nber- November 30, 2011. If the project is not completed within the term of this agreement, all unreleased funds shall be retained by the COUNTY. Any �xtension of this agreement beyond the one (1` yten above date in order to complete the Project must be at the express consent of the Collier County Board of County Commissioners. 5 September 6, 2011 New Business 7-c 38 of 129 17. 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 90 days. 18. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Executive Director of the CVB or his designee, along with a final budget Imalysis by n^*�,�zebeF-SNovember 30, 2011. 19. REQUIRED NOTATION: All promotional literature and all print, broadcast and -line media advertising must prominently list Collier County —and the Tourist Development ouncil as a source of funds to read "A cooperative effort funded b, theCollier County Tourist Tax"; and/or display the CVB logo with website address www.paradisecoast.com to qualify for reimbursement. 20. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. 7 September 6, 2011 New Business 7-c 39 of 129 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: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency Assistant County Attorney WITNESSES: (1) Printed/Typed Name (2) Printed/Typed Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LOW FRED W. COYLE, Chairman GRANTEE: ARTSNAPLES WORLD FESTIVAL, INC. Printed/Typed Name Printed/Typed Title 1 September 6, 2011 New Business 7-c 40 of 129 EXHIBIT "A" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Preliminary Status Report TITLE: '3#3 On an attached sheet, answer the following questions and attach it to your application, PRELIMINARY INFORMATION: Is this a first time project? If not, please give details of past projects. Do you anticipate using area hotels in support of your project? If so, what are the estimated hotel room nights generated by project? What is the estimated revenue generated by this project? What is the estimated number of participants expected to visit the project? If project planning is in progress, what has been done, what remains to be done, and are there any problems? If the project planning has not been started, why? List any planned out -of -county advertising, marketing, and/or public relations that will be used in support of the project. it September 6, 2011 New Business 7-c 41 of 129 EXHIBIT "B" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: F9111NOWN Interim Status Report TITLE: AX: On an attached sheet, answer the following questions to identify the status of the project. Submit this report at least quarterly. INTERIM — These questions will identify the current status of the project. After the TDC staff reviews this Interim Status Report, if they feel you are behind schedule on the planning stages, they will make recommendations to help get the project stay on schedule. Has the planning of this project started? At what point are you at with the planning stage for this project? (Percent of completion) Will any hotels/motels be utilized to support this project? If so, how many hotel room nights will be utilized? What is the total dollar amount to date of matching contributions? What is the status of the advertising and promotion for this project? Have your submitted any advertisements or printed pieces to the TDC staff for approval? Please supply a sample and indicate the ad schedule. How has the public interest for this project been up to this point? September 6, 2011 New Business 7-c 42 of 129 EXHIBIT "C" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Final Status Report TITLE: FAX: On an attached sheet, answer the following questions for each element in your scope of work. Final — These questions should be answered for your final status report. Was this a first time project? If not, how many times has this event taken place? What hotels/motels were utilized to support the project and how many? What is the total economic impact and revenue generated for this event? Total expenses. (Have all vendors been paid?) List the vendors that have been paid, if not, what invoices are still outstanding and why? What is the number of participants that visited the project? What is the percentage of the total participants from out of Collier County? What problems occurred if any during the project event? List any out -of -county- advertising, marketing, and/or public relations that was used to support the project and attach samples. How could the project been improved or expanded? 11 September 6, 2011 New Business 7-c 43 of 129 EXHIBIT "D" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON REQUEST PERIOD REQUEST# ( ) INTERIM REPORT TELEPHONE( ) FROM TO ( ) FINAL REPORT TOTAL CONTRACT AMOUNT $ EXPENSE BUDGET REIMBURSEMENT REQUESTED TOTALS NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Copies of paid invoices, cancelled checks, tear sheets, printed samples or other backup information to substantiate payment must accompany request for funds. The following will not be accepted for payments: statements in place of invoices; checks or invoices not dated; tear sheets without date, company or organizations name. A tear sheet is required for each ad for each day or month of publication. A proof of an ad will not be accepted. Each additional request for payment subsequent to the first request, Grantee is required to submit verification in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. If project budget has specific categories with set dollar limits, the Grantee is required to include a spreadsheet to show which category each invoice is being paid from and total of category before payment can be made to Grantee. Organizations receiving funding should take into consideration that it will take a maximum of 45 days for the County to process a check. Furnishing false information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on our official accounting system and records, consistently applied and maintained and that the cost shown have been made for the purpose of and in accordance with, the terms of the contract. The funds requested are for reimbursement of actual cost made during this time period. SIGNATURE TITL 12 September 6, 2011 New Business 7-c 44 of 129 EXHIBIT "E" ArtsNaples World Festival, Inc. Project Budget Funding - Not to Exceed Website development $15,000 Total: $15,000 13 September 6, 2011 New Business 7-c 45 of 129 EXHIBIT A-2 Contract Amendment #2 112011 Tourism Agreement Between Collier County and Golisano Children's Museum of Naples, Inc. This amendment, dated , 2011 to the referenced agreement shall be by and between the parties to the original Agreement, Golisano Children's Museum of Naples, Inc. (to be referred to as "Grantee") and Collier County, Florida, (to be referred to as "County"). Statement of Understanding RE: Contract # 10-5551 - "2011 Tourism Agreement Between Collier County and Golisano Children's Museum of Naples, Inc." In order to continue the services provided for in the original Contract document referenced above, the GRANTEE agrees to amend the above referenced Contract as per the Exhibit "A2-A" attached to this Amendment and incorporated herein by reference. This Amendment shall extend the Agreement through November 30, 2011. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Grantee and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. ATTEST: DWIGHT E. BROCK, Clerk By: Dated: (SEAL) Approved as to form and legal sufficiency Assistant County Attorney WITNESSES: (1) Printed/Typed Name (2) Printed/Typed Name Accepted: , 2011 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, Chairman GRANTEE: Golisano Children's Museum of Naples, Inc. C Printed/Typed Name Printed/Typed Title September 6, 2011 New Business 7-c 46 of 129 Exhibit A2-A 2011 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE GOLISANO CHILDREN'S MUSEUM OF NAPLES, INC. THIS AGREEMENT, is made and entered into this 1st day of October, 2010, by and between the Golisano Children's Museum of Naples, Inc., a Florida not -for -profit corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Collier County Tourism Ordinance provides that certain of the revenues generated by the Tourist Development Tax are to be allocated to acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote museums owned and operated by not -for -profit organizations and open to the public; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds for GRANTEE'S out of county marketing expenses; and WHEREAS, The Tourist Development Council has recommended funding for the GRANTEE'S out of coun marketin advertising and promotional expenditures; and WHEREAS, the Board of County Commissioners has made a finding that GRANTEE qualifies as a museum; and WHEREAS, The Collier County Board of County Commissioners has approved the funding request of the GRANTEE and the Chairman was authorized to execute the Tourism Agreement. 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: September 6, 2011 New Business 7-c 47 of 129 (a) In accordance with the authorized expenditures as set forth in the Budget, attached hereto as Exhibit "F", the GRANTEE shall expend the funds for the promotion of GRANTEE'S Grand Opening (hereinafter "the Project"), to include, but not be limited to: (i) Advertising and promotional expenses in media and promotional literature distributed outside of Collier County to increase the number of overnight visitors to Collier County. 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of One Hundred Thousand Dollars ($100,000). GRANTEE shall be paid in accordance with the fiscal procedures of the County for the expenditures incurred as described in Paragraph One (1) herein upon submittal of a Request for Funds on the form attached hereto as Exhibit "D" and made a part hereof, and shall submit vendor-, copies of credit card receipts and statements and two-sided copies of cancelled checks, on-line bill pay transaction registers or other acceptable evidence of payment, original tear sheets of print ads showing_ publication name and date, affidavit of broadcast dates and times, screen shots of on-line ads showing date of capture, samples of printed materials and proofs of TV ads and radio scripts eiidenee-went and per -fern e-e-to the Executive Director of the Naples, Marco, Everglades Convention and Visitors Bureau ("CVB"), or his designee, for review and upon verification by letter from the GRANTEE that the services or work performed as described in the invoice have been completed or that the goods have been received and that all vendors have been paid. (b) The Executive Director of the CVB, 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 "F" 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 of the Board of County Commissioners pre -audits all payment invoices in accordance with law. September 6, 2011 New Business 7-c 48 of 129 (e) GRANTEE shall be paid for its actual costs, not to exceed the #et=maximum amount budgeted pursuant to the attached "Exhibit F" Expenditures with publications, broadcast and brochure distribution with circulation or reach outside Collier County over 50% of the total will be acceptable for reimbursement at full value based on a statement from the publisher, broadcaster or distributor attesting to that circulation percentage. (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. `#) All requests for reimbursement must be received by Septe3iNovember 30, 2011 to be eligible for payment. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in Paragraph One (1) will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2010 and Septerffber-November 30, 2011. (c) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY's written request to repay said funds. (d) COUNTY may request repayment of funds for a period of up to three (3) years after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming the Collier County Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: September 6, 2011 New Business 7-c 49 of 129 BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY — Statutory (c) The Certificate of Insurance must be delivered to the Executive Director of the CVB or his designee with copies of the Agreement executed by GRANTEE. The GRANTEE shall not commence promotional or advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY and the Agreement is fully executed. 5. REPORTING REQUIREMENTS: (a) GRANTEE shall provide to County a preliminary status report on the form attached hereto as Exhibit "A" within thirty (30) days of the effective date of the agreement, (b) GRANTEE shall provide to County a calendar quarterly interim status report on the form attached hereto as Exhibit "B" whether or not a Request for Funds is submitted. (c) GRANTEE shall provide to County a final status report on the form attached hereto as Exhibit "C" no later than November 300^*�abef 15, 2011. (d) Each report shall identify the amount spent, the duties performed, the services provided, the economic impact generated by the GRANTEE and the goods delivered since the previous reporting period. (e) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. (f) COUNTY may withhold any interim or final payments for failure of GRANTEE to provide the interim status report or final status report until the County receives the interim status report or final status report or other report acceptable to the Executive Director of the CVB. September 6, 2011 New Business 7-c 50 of 129 (g) GRANTEE shall request that visitors to the the Children's Museum of Naples complete the visitor questionnaire attached to this Agreement as Exhibit "E". All completed visitor questionnaires shall be maintained in accordance with Section 13 of this Agreement. 6. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph One (1). (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. (c) GRANTEE agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION: 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: Joe Cox, Executive Director September 6, 2011 New Business 7-c 51 of 129 Golisano Children's Museum of Naples, Inc. P.O. Box 2423 Naples, Florida 34106 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: Jack Wert, Executive Director Naples, Marco Island, Everglades CVB 2800 N. Horseshoe Drive Naples, Florida 34104 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. September 6, 2011 New Business 7-c 52 of 129 12. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records. All revenue related to the Agreement must be recorded, and all expenditures must be incurred within the term of this Agreement. 13. AVAILABILITY OF FUNDS: This agreement is subject to the availability of Tourist Development Tax revenues. If for any reason tourist tax funds are not available to find 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 for a period of three (3) years. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any transactions related to this Agreement. 15. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 16. TERM: This Agreement shall become effective on October 1, 2010 and shall Iremain effective for one year until Septe n4ef-wNovember 30, 2011. If the project is not completed within the term of this agreement, all unreleased funds shall be retained by the COUNTY. Any �xtension of this agreement beyond the one-(1)-yeaf term -date above in order to complete the Project must be at the express consent of the Collier County Board of County Commissioners. 17. 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 90 days. September 6, 2011 New Business 7-c 53 of 129 18. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Executive Director of the CVB or his designee, along with a final budget �nalysis by Oetebef+SNovember 30, 2011. 19. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County and the Tourist Development Council as a source of funds and display the CVB logo and website address to qualify for reimbursement. 20. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. September 6, 2011 New Business 7-c 54 of 129 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: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency Assistant County Attorney WITNESSES: 1 (1) NAPLES, INC. Printed/Typed Name (2) Printed/Typed Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, Chairman GRANTEE: GOLISANO CHILDREN'S MUSEUM OF Printed/Typed Name Printed/Typed Title September 6, 2011 New Business 7-c 55 of 129 EXHIBIT "A" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Preliminary Status Report TITLE: FAX: On an attached sheet, answer the following questions and attach it to your application. PRELIMINARY INFORMATION: Is this a first time project? If not, please give details of past projects. Do you anticipate using area hotels in support of your project? If so, what are the estimated hotel room nights generated by project? September 6, 2011 New Business 7-c 56 of 129 What is the estimated revenue generated by this project? What is the estimated number of participants expected to visit the project? If project planning is in progress, what has been done, what remains to be done, and are there any problems? If the project planning has not been started, why? List any planned out -of -county advertising, marketing, and/or public relations that will be used in support of the project. September 6, 2011 New Business 7-c 57 of 129 EXHIBIT "B" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: Interim Status Report TITLE: PHONE: FAX: On an attached sheet, answer the following questions to identify the status of the project. Submit this report at least quarterly. INTERIM —These questions will identify the current status of the project. After the TDC staff reviews this Interim Status Report, if they feel you are behind schedule on the planning stages, they will make recommendations to help get the project stay on schedule. Has the planning of this project started? At what point are you at with the planning stage for this project? (Percent of completion) Will any hotels/motels be utilized to support this project? If so, how many hotel room nights will be utilized? What is the total dollar amount to date of matching contributions? What is the status of the advertising and promotion for this project? September 6, 2011 New Business 7-c 58 of 129 Have your submitted any advertisements or printed pieces to the TDC staff for approval? Please supply a sample and indicate the ad schedule. How has the public interest for this project been up to this point? September 6, 2011 New Business 7-c 59 of 129 EXHIBIT "C" Collier County Tourist Development Council Final Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: On an attached sheet, answer the following questions for each element in your scope of work. Final —These questions should be answered for your final status report. Was this a first time project? If not, how many times has this event taken place? What hotels/motels were utilized to support the project and how many? What is the total economic impact and revenue generated for this event? Total expenses. (Have all vendors been paid?) List the vendors that have been paid, if not, what invoices are still outstanding and why? What is the number of participants that visited the project? What is the percentage of the total participants from out of Collier County? What problems occurred if any during the project event? List any out -of -county- advertising, marketing, and/or public relations that was used to support the project and attach samples. How could the project been improved or expanded? September 6, 2011 New Business 7-c 60 of 129 EXHIBIT "D" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAM ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE ( ) REQUEST PERIOD FROM TO ( ) INTERIM REPORT ( ) FINAL REPORT TOTAL CONTRACT AMOUNT $ EXPENSE BUDGET REIMBURSEMENT REQUESTED TOTALS REQUEST # NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Copies of paid invoices, cancelled checks, tear sheets, printed samples or other backup information to substantiate payment must accompany request for funds. The following will not be accepted for payments: statements in place of invoices; checks or invoices not dated; tear sheets without date, company or organizations name. A tear sheet is required for each ad for each day or month of publication. A proof of an ad will not be accepted. Each additional request for payment subsequent to the first request, Grantee is required to submit verification in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. If project budget has specific categories with set dollar limits, the Grantee is required to include a spreadsheet to show which category each invoice is being paid from and total of category before payment can be made to Grantee. Organizations receiving funding should take into consideration that it will take a maximum of 45 days for the County to process a check. Furnishing false information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on our official accounting system and records, consistently applied and maintained and that the cost shown have been made for the purpose of and in accordance with, the terms of the contract. The funds requested are for reimbursement of actual cost made during this time period. SIGNATURE TITLE September 6, 2011 New Business 7-c 61 of 129 EXHIBIT "E" Naples Marc�.d Everglades PARADISE GDAST. VISITOR QUESTIONNAIRE Welcome to the Paradise Coast Im. Thank you for choosing this area for your visit. Please take a few minutes to complete the following questions so that we can better serve the needs of future visitors to Florida's Last Paradise Im. PLEASE REFER TO OUR PARADISE COAST BROCHURES FOR THE LOCATION OF ALL AREA ATTRACTIONS. NAME: ADDRESS: CITY ST ZIP DATE OF ARRIVAL: DATE OF DEPARTURE: WHERE ARE YOU HOTEL/RESORT FRIENDS/FAMILY CONDOMINIUM STAYING? NAME OF HOTEL AND CITY/AREA: NAME OF CONDOMINIUM/TIMESHARE: # OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY = HOW DID YOU SELECT THE HOTEL/CONDOMINIUM? INTERNET ( ) YOUR CHOICE ( ) TRAVEL AGENT ( ) OTHER: NUMBER OF MEALS YOU & YOUR GROUP WILL EAT OUT: Number of people in your party = Number of days of your visit = Number of meals eaten out each day = PLANNED AREA ACTIVITIES: (Please circle all that apply) ARTS & CULTURE WATER SPORTS NATURE von Liebig Art Center Beaches Everglades Tour Naples Museum of Art Naples Pier County Parks Sugden Theatre Shelling National Park Naples Philharmonic Fishing State Parks Art Galleries Boating Corkscrew Swamp Other Kayaking Conservancy of SW FL Other Lake Trafford Other SHOPPING AND DINING Fifth Avenue South Third Street South Waterside Shops Venetian Bay Bayfront Tin City Prime Outlets Other SIGHTSEEING Lunch/Dinner Cruise/ Sunset Cruise City Trolley Tour Everglades Tour Segway Tour Dolphin Cruise Other FAMILY ATTRACTIONS Naples Zoo Naples Botanical Garden Fun'n Sun Water Park Swamp Buggy Race Mini Golf King Richard's Fun Park Other RELAXATION & ENTERTAINMENT Golf Spa Shelling Seminole Casino Lounges & Clubs Music Other September 6, 2011 New Business 7-c 62 of 129 EXHIBIT "F" Golisano Children's Museum of Naples, Inc. Project Budget Funding — Not to Exceed Out of County Advertising and Marketing Expenses Related to the Grand Opening to include: Public Broadcast Campaign, Print and Radio Advertising Total: $100,000 September 6, 2011 New Business 7-c 63 of 129 EXHIBIT A-1 Contract Amendment #1 "2011 Tourism Agreement Between Collier County and Southwest Florida Holocaust Museum, Inc. d/b/a Holocaust Museum of Southwest Florida" This amendment, dated , 2011 to the referenced agreement shall be by and between the parties to the original Agreement, Southwest Florida Holocaust Museum, Inc. d/b/a Holocaust Museum of Southwest Florida (to be referred to as "Grantee") and Collier County, Florida, (to be referred to as "County"). Statement of Understanding RE: Contract # 10-5551 - "2011 Tourism Agreement Between Collier County and Southwest Florida Holocaust Museum, Inc. d/b/a Holocaust Museum of Southwest Florida" In order to continue the services provided for in the original Contract document referenced above, the GRANTEE agrees to amend the above referenced Contract as per the Exhibit "Al -A" attached to this Amendment and incorporated herein by reference. This Amendment shall extend the Agreement through November 30, 2011. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Grantee and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. ATTEST: DWIGHT E. BROCK, Clerk By: Dated: (SEAL) Approved as to form and legal sufficiency Assistant County Attorney WITNESSES: (1) Printed/Typed Name (2) Printed/Typed Name Accepted: , 2011 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA : FRED W. COYLE, Chairman GRANTEE: SOUTHWEST FLORIDA HOLOCAUST MUSEUM, INC. d/b/a HOLOCAUST MUSEUM OF SOUTHWEST FLORIDA Printed/Typed Name Printed/Typed Title Septernber 6, 2011 New Business 7-c 64 of 129 Exhibit A2-A 2011 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE HOLOCAUST MUSEUM OF SOUTHWEST FLORIDA THIS AGREEMENT, is made and entered into this 1st day of October, 2010, by and between The Holocaust Museum of Southwest Florida, 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 out of county marketing expenses; and WHEREAS, The Tourist Development Council has recommended funding for GRANTEE'S out of county advertising and promotional expenditures to promote visitation to the museum; and WHEREAS, the Board of County Commissioners has made a finding that GRANTEE qualifies as a museum; and WHEREAS, The Collier County Board of County Commissioners has approved the funding request of the GRANTEE and the Chairman was authorized to execute the Tourism Agreement. 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 "F", the GRANTEE shall expend the funds for the promotion of GRANTEE'S marketing (hereinafter "the Project"), to include, but not be limited to: September 6, 2011 New Business 7-c 65 of 129 (i) Advertising and promotional expenses in media and promotional literature distributed outside of Collier County to increase the number of overnight visitors to Collier County. 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Thirty -Two Thousand and Five Hundred Dollars ($32,500). GRANTEE shall be paid in accordance with the fiscal procedures of the County for the expenditures incurred as described in Paragraph One (1) herein upon submittal of a Request for Funds on the form attached hereto as Exhibit "D" and made a part hereof, and shall submit vendor invoices , copies of credit card receipts and statements and two-sided copies of cancelled checks, on -Line bill oav transaction. registers -or other acceptable evidence of payment. o� final tear sheds of rint ad showing ubli.cation name and date affidavit of broadcast dates al -id tunes. screen shots of on-line ads sbowing date of capture samples of printed materials and 12roofs of TV ads and radio scripts to the Executive Director of the Naples, Marco, Everglades Convention and Visitors Bureau ("CVB"), or his designee, for review and upon verification by letter from the GRANTEE that the services or work performed as described in the invoice have been completed or that the goods have been received and that all vendors have been paid. (b) The Executive Director of the CVB, 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 "F" 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 of the Board of County Commissioners 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 F". (fl Expenditures with publications broadcast and brochure distribution with circulation or reach into Collier County of less than 50% of total will be acceptable for September 6, 2011 New Business 7-c 66 of 129 reimbursement at full value rased on a statement from the publisher, broadcaster or distributor attesting- to that circulation percentage. Invoices for _prepayment or for deposit on services will not be eligible for rei mki vrQomcynt 'hl Services or product must be delivered and paid for by GRANTEE after the effective date. and no later than the c�jmlration date of this aueement. (fi.) All requests for reimbursement must be received by She -=November 30, 2011 to be eligible for payment. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in Paragraph One (1) will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2010 and ctembe+=Novenlber_30, 2011. (c) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY's written request to repay said funds. (d) COUNTY may request repayment of funds for a period of up to three (3) years after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming the Collier County Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person September 6, 2011 New Business 7-c 67 of 129 WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY — Statutory (c) The Certificate of Insurance must be delivered to the Executive Director of the CVB or his designee with copies of the Agreement executed by GRANTEE. The GRANTEE shall not commence promotional or advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY and the Agreement is fully executed. 5. REPORTING REQUIREMENTS: (a) GRANTEE shall provide to County a preliminary status report on the form attached hereto as Exhibit "A" within thirty (30) days of the effective date of the agreement. (b) GRANTEE shall provide to County a calendar quarterly interim status report on the form attached hereto as Exhibit "B" wlietiier or not a Request ibr :funds is submitted. (c) GRANTEE shall provide to County a final status report on the form attached hereto as Exhibit "C" no later than Oetekat;r-1-November 30, 2011. (d) Each report shall identify the amount spent, the duties performed, the services provided, eeonomlc il�pact generated by t}ie GRAN I II —and the goods delivered since the previous reporting period. (e) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. (f) COUNTY may withhold any interim or final payments for failure of GRANTEE to provide the interim status report or final status report until the County receives the interim status report or final status report or other report acceptable to the Executive Director of the CVB. (g) GRANTEE shall request that visitors to the Holocaust Museum of Southwest Florida complete the visitor questionnaire attached to this Agreement as Exhibit "E". All completed visitor questionnaires shall be maintained in accordance with Section 13 of this Agreement. 6. CHOICE OF VENDORS AND FAIR DEALING: September 6, 2011 New Business 7-c 68 of 129 (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph One (1). (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. (c) GRANTEE agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION: 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: x Executive Director Holocaust Museum of Southwest Florida 4760 Tamiami Trail North, Suite 7 Naples, Florida 34103 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: Jack Wert, Executive Director Naples, Marco Island, Everglades CVB 2800 N. Horseshoe Drive Naples, Florida 34104 September 6, 2011 New Business 7-c 69 of 129 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other parry 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: GRANTEE is required to maintain complete and accurate accounting records. All revenue related to the Agreement must be recorded, and all expenditures must be incurred within the term of this Agreement. 13. AVAILABILITY OF FUNDS: This agreement is subject to the availability of Tourist Development Tax revenues. If for any reason tourist tax funds are not available to fund all or part of this agreement, the 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. September 6, 2011 New Business 7-c 70 of 129 14. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement for a period of three (3) years.. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any transactions related to this Agreement. 15. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 16. TERM: This Agreement shall become effective on October 1, 2010 and shall �emain effective until Septe-='�!oveYnber 30, 2011. 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 above date nn,� l?— I "-----in order to complete the Project must be at the express consent of the Collier County Board of County Commissioners. 17. 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 90 days. 18. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Executive Director of the CVB or his designee, along with a final budget �nalysisbyOc4E - -November 30, 2011. 19. REQUIRED NOTATION: All promotional literature and all Trint, broadcast and nedia advertising must prominently list Collier County —and the Tourist Development as a source of funds to read "A cooperative effort by the Collier County Tourist vent "1'ax-, andlor display the CVB logo and website address www.paradisecoast.com- to qualify for reimbursement. September 6, 2011 New Business 7-c 71 of 129 20. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. September 6, 2011 New Business 7-c 72 of 129 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: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency Assistant County Attorney WITNESSES: (1) FLORIDA Printed/Typed Name (2) Printed/Typed Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, Chairman GRANTEE: HOLOCAUST MUSEUM OF SOUTHWEST Printed/Typed Name Printed/Typed Title September 6, 2011 New Business 7-c 73 of 129 EXHIBIT "A" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Preliminary Status Report TITLE: FAX: On an attached sheet, answer the following questions and attach it to your application PRELIMINARY INFORMATION: Is this a first time project? If not, please give details of past projects. Do you anticipate using area hotels in support of your project? If so, what are the estimated hotel room nights generated by project? What is the estimated revenue generated by this project? What is the estimated number of participants expected to visit the project? September 6, 2011 New Business 7-c 74 of 129 If project planning is in progress, what has been done, what remains to be done, and are there any problems? If the project planning has not been started, why? List any planned out -of -county advertising, marketing, and/or public relations that will be used in support of the project. September 6, 2011 New Business 7-c 75 of 129 EXHIBIT "B" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: Interim Status Report TITLE: PHONE: FAX: On an attached sheet, answer the following questions to identify the status of the project. Submit this report at least quarterly. INTERIM —These questions will identify the current status of the project. After the TDC staff reviews this Interim Status Report, if they feel you are behind schedule on the planning stages, they will make recommendations to help get the project stay on schedule. Has the planning of this project started? At what point are you at with the planning stage for this project? (Percent of completion) Will any hotels/motels be utilized to support this project? If so, how many hotel room nights will be utilized? What is the total dollar amount to date of matching contributions? What is the status of the advertising and promotion for this project? Have your submitted any advertisements or printed pieces to the TDC staff for approval? Please supply a sample and indicate the ad schedule. September 6, 2011 New Business 7-c 76 of 129 How has the public interest for this project been up to this point? September 6, 2011 New Business 7-c 77 of 129 EXHIBIT "C" Collier County Tourist Development Council Final Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: On an attached sheet, answer the following questions for each element in your scope of work. Final —These questions should be answered for your final status report. Was this a first time project? If not, how many times has this event taken place? What hotels/motels were utilized to support the project and how many? What is the total economic impact and revenue generated for this event? Total expenses. (Have all vendors been paid?) List the vendors that have been paid, if not, what invoices are still outstanding and why? What is the number of participants that visited the project? What is the percentage of the total participants from out of Collier County? What problems occurred if any during the project event? List any out -of -county- advertising, marketing, and/or public relations that was used to support the project and attach samples. How could the project been improved or expanded? EXHIBIT "D" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAM ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE ( )— REQUEST PERIOD FROM TO ( ) INTERIM REPORT ( ) FINAL REPORT TOTAL CONTRACT AMOUNT $ EXPENSE B D ET REIMBURSEMENT REQUESTED TOTALS September 6, 2011 New Business 7-c 78 of 129 REQUEST # NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Copies of paid invoices, cancelled checks, tear sheets, printed samples or other backup information to substantiate payment must accompany request for funds. The following will not be accepted for payments: statements in place of invoices; checks or invoices not dated; tear sheets without date, company or organizations name. A tear sheet is required for each ad for each day or month of publication. A proof of an ad will not be accepted. Each additional request for payment subsequent to the first request, Grantee is required to submit verification in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. If project budget has specific categories with set dollar limits, the Grantee is required to include a spreadsheet to show which category each invoice is being paid from and total of category before payment can be made to Grantee. Organizations receiving funding should take into consideration that it will take a maximum of 45 days for the County to process a check. Furnishing false information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on our official accounting system and records, consistently applied and maintained and that the cost shown have been made for the purpose of and in accordance with, the terms of the contract. The funds requested are for reimbursement of actual cost made during this time period. September 6, 2011 New Business 7-c 79 of 129 SIGNATURE TITLE September 6, 2011 New Business 7-c 80 of 129 EXHIBIT "E" Naples Marco Island Everglades PARADISE COAST VISITOR QUESTIONNAIRE Welcome to the Paradise Coast sm. Thank you for choosing this area for your visit. Please take a few minutes to complete the following questions so that we can better serve the needs of future visitors to Florida's Last Paradise sm. PLEASE REFER TO OUR PARADISE COAST BROCHURES FOR THE LOCATION OF ALL AREA ATTRACTIONS. NAME: ADDRESS: CITY ST ZIP DATE OF ARRIVAL: DATE OF DEPARTURE: WHERE ARE YOU HOTEL/RESORT FRIENDS/FAMILY CONDOMINIUM STAYING? NAME OF HOTEL AND CITY/AREA: NAME OF CONDOMINIUM/TIMESHARE: # OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY = HOW DID YOU SELECT THE HOTEL/CONDOMINIUM? INTERNET ( ) YOUR CHOICE ( ) TRAVEL AGENT ( ) OTHER: NUMBER OF MEALS YOU & YOUR GROUP WILL EAT OUT: Number of people in your party = Number of days of your visit = Number of meals eaten out each day = PLANNED AREA ACTIVITIES: (Please circle all that apply) ARTS & CULTURE WATER SPORTS NATURE FAMILY ATTRACTIONS von Liebig Art Center Beaches Everglades Tour Naples Zoo Naples Museum of Art Naples Pier County Parks Naples Botanical Garden Sugden Theatre Shelling National Park Fun 'n Sun Water Park Naples Philharmonic Fishing State Parks Swamp Buggy Race Art Galleries Boating Corkscrew Swamp Mini Golf Other Kayaking Conservancy of SW FL King Richard's Fun Park Other Lake Trafford Other Other SHOPPING AND DINING SIGHTSEEING RELAXATION & Fifth Avenue South Lunch/Dinner Cruise/ ENTERTAINMENT Third Street South Sunset Cruise Golf Waterside Shops City Trolley Tour Spa Venetian Bay Everglades Tour Shelling Bayfront Segway Tour Seminole Casino Tin City Dolphin Cruise Lounges & Clubs Prime Outlets Other Music Other Other September 6, 2011 New Business 7-c 81 of 129 EXHIBIT "F" Holocaust Museum of Southwest Florida Project Budget Funding — Not to Exceed Out of County Advertising and Marketing Expenses to include: PBS TV and Radio, Journals and Online Ads Total: $32,500 September 6, 2011 New Business 7-c 82 of 129 EXHIBIT A-2 Contract Amendment #2 "2011 Tourism Agreement Between Collier County and Naples Art Association, Inc." This amendment, dated , 2011 to the referenced agreement shall be by and between the parties to the original Agreement, Naples Art Association, Inc. (to be referred to as "Grantee") and Collier County, Florida, (to be referred to as "County"). Statement of Understanding RE: Contract # 10-5551 - "2011 Tourism Agreement Between Collier County and Naples Art Association, Inc." In order to continue the services provided for in the original Contract document referenced above, the GRANTEE agrees to amend the above referenced Contract as per the Exhibit "A2-A" attached to this Amendment and incorporated herein by reference. This Amendment shall extend the Agreement through November 30, 2011. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Grantee and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. ATTEST: DWIGHT E. BROCK, Clerk By: Dated: (SEAL) Approved as to form and legal sufficiency Assistant County Attorney WITNESSES: (1) Printed/Typed Name (2) Printed/Typed Name Accepted: 12011 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman GRANTEE: Naples Art Association, Inc. Printed/Typed Name Printed/Typed Title September 6, 2011 New Business 7-c 83 of 129 Exhibit A2-A 2011 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES ART ASSOCIATION, INC. THIS AGREEMENT, is made and entered into this 1st day of October, 2010, by and between Naples Art Association, Inc. a Florida not -for -profit corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY". WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Collier County Tourism Ordinance provides that certain of the revenues generated by the Tourist Development Tax are to be allocated to acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote museums owned and operated by not -for -profit organizations and open to the public; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds for GRANTEE'S marketing expenses to promote exhibits and festivals to attract visitors and enhance the quality of life for area residents; and WHEREAS, The Tourist Development Council has recommended funding for GRANTEE'S —out of coun market advertising expenditures for the promotion of major off- season upcoming exhibitions, festivals and special events to attract visitors; and WHEREAS, the Board of County Commissioners has made a finding that GRANTEE qualifies as a museum; and WHEREAS, The Collier County Board of County Commissioners has approved the funding request of the GRANTEE and the Chairman was authorized to execute the Tourism Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: September 6, 2011 New Business 7-c 84 of 129 1. SCOPE OF WORK: (a) In accordance with the authorized expenditures as set forth in the Budget, attached hereto as Exhibit "F", the GRANTEE shall expend the funds for the promotion of GRANTEE'S marketing (hereinafter "the Project"), to include, but not be limited to: (i) Advertising and promotional expenses in media outside of Collier County to increase the number of overnight visitors to Collier County. 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Thirty -Seven Thousand and Five Hundred Dollars ($37,500). GRANTEE shall be paid in accordance with the fiscal procedures of the County for the expenditures incurred as described in Paragraph One (1) herein upon submittal of a Request for Funds on the form attached hereto as Exhibit "D" and made a part hereof, and shall submit vendor invoices—, copies of credit card receipts and statements and two-sided copies of cancelled checks, on—line bill. pay transaction registers or other acceptable evidence of payment, original tear sheets of print ads showing publication name and date, affidavit of broadcast dates and times, screen shots of on-line ads showing date of capture, samples of printed materials and proofs of TV ads and radio scripts a epie+-ef ear' gilled ehe k otl'ei- evideiiee of „* and rf e to the Executive Director of the Naples, Marco, Everglades Convention and Visitors Bureau ("CVB"), or his designee, for review and upon verification by letter from the GRANTEE that the services or work performed as described in the invoice have been completed or that the goods have been received and that all vendors have been paid. (b) The Executive Director of the CVB, 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 perfonned in accordance with such authorization. The budget attached as Exhibit "F" 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 of the Board of County Commissioners pre -audits all payment invoices in accordance with law. September 6, 2011 .New Business 7-c 85 of 129 (e) GRANTEE shall be paid for its actual costs, not to exceed the maximum amount budgeted pursuant to the attached "Exhibit F" ( Expenditures with publications, broadcast and brochure distribution with circulation or reach outside Collier County over 50% of the total will be acceptable for reimbursement at full value based on a statement from the publisher, broadcaster or distributor attesting to that circulation percentage. (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. (if) All requests for reimbursement must be received by Septe iiber- November 30, 2011 to be eligible for payment. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in Paragraph One (1) will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2010 and Septe iibepmNovember 30, 2011. (c) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY's written request to repay said funds. (d) COUNTY may request repayment of funds for a period of up to three (3) years after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming the Collier County Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: September 6, 2011 New Business 7-c 86 of 129 BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY — Statutory (c) The Certificate of Insurance must be delivered to the Executive Director of the CVB or his designee with copies of the Agreement executed by GRANTEE. The GRANTEE shall not commence promotional or advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY and the Agreement is fully executed. 5. REPORTING REQUIREMENTS: (a) GRANTEE shall provide to County a preliminary status report on the form attached hereto as Exhibit "A" within thirty (30) days of the effective date of the agreement. (b) GRANTEE shall provide to County a calendar quarterly interim status report on the form attached hereto as Exhibit `B" whether or not a Request for Funds is submitted. (c) GRANTEE shall provide to County a final status report on the form attached hereto as Exhibit "C" no later than November 300eteber-15, 2011. (d) Each report shall identify the amount spent, the duties performed, the services provided, the economic impact generated by the GRANITE and the goods delivered since the previous reporting period. (e) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. (f) COUNTY may withhold any interim or final payments for failure of GRANTEE to provide the interim status report or final status report until the County receives the interim status report or final status report or other report acceptable to the Executive Director of the CVB. September 6, 2011 New Business 7-c 87 of 129 (g) GRANTEE shall request that visitors to The von Liebig Art Center complete the visitor questionnaire attached to this Agreement as Exhibit "E". All completed visitor questionnaires shall be maintained in accordance with Section 13 of this Agreement. 6. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph One (1). (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. (c) GRANTEE agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION: 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: Joel Kessler, Executive Director/CEO The von Liebig Art Center 585 Park Street Naples, Florida 34102 September 6, 2011 New Business 7-c 88 of 129 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: Jack Wert, Executive Director Naples, Marco Island, Everglades CVB 2800 N. Horseshoe Drive Naples, Florida 34104 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: GRANTEE is required to maintain complete and accurate accounting records. All revenue related to the Agreement must be recorded, and all expenditures must be incurred within the term of this Agreement. September 6, 2011 New Business 7-c 89 of 129 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 for a period of three (3) years. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any transactions related to this Agreement. 15. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 16. TERM: This Agreement shall become effective on October 1, 2010 and shall (remain effective for one year until Septei November 30, 2011. 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 above date in order to complete the ((Project must be at the express consent of the Collier County Board of County Commissioners. 17, 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 90 days. 18. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a September 6, 2011 New Business 7-c 90 of 129 written report to the Executive Director of the CVB or his designee, along with a final budget analysis by HetabeF 1-5-November 30, 2011. 19. REQUIRED NOTATION: All promotional literature and all print, broadcast and ine media advertising must prominently list Collier County and the Tourist Development ncil as a source of funds to read "A cooperative etford funded by the Collier County Tourist elopment Tax"; and/or display the CVB logo and website address www.paradisecoast.com to qualify for reimbursement. 20. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. September 6, 2011 New Business 7-c 91 of 129 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: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency Assistant County Attorney WITNESSES: Printed/Typed Name (2) Printed/Typed Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA M. FRED COYLE, Chairman GRANTEE: NAPLES ART ASSOCIATION, INC. Printed/Typed Name Printed/Typed Title September 6, 2011 New Business 7-c 92 of 129 EXHIBIT "A" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Preliminary Status Report TITLE: FAX: On an attached sheet answer the following questions and attach it to your application. PRELIMINARY INFORMATION: Is this a first time project? If not, please give details of past projects. Do you anticipate using area hotels in support of your project? If so, what are the estimated hotel room nights generated by project? September 6, 2011 New Business 7-c 93 of 129 What is the estimated revenue generated by this project? What is the estimated number of participants expected to visit the project? If project planning is in progress, what has been done, what remains to be done, and are there any problems? If the project planning has not been started, why? List any planned out -of -county advertising, marketing, and/or public relations that will be used in support of the project. September 6, 2011 New Business 7-c 94 of 129 EXHIBIT "B" Collier County Tourist Development Council Interim Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: On an attached sheet answer the following questions to identify the status of the project. Submit this report at least quarterly. INTERIM — These questions will identify the current status of the project. After the TDC staff reviews this Interim Status Report, if they feel you are behind schedule on the planning stages, they will make recommendations to help get the project stay on schedule. Has the planning of this project started? At what point are you at with the planning stage for this project? (Percent of completion) Will any hotels/motels be utilized to support this project? If so, how many hotel room nights will be utilized? What is the total dollar amount to date of matching contributions? What is the status of the advertising and promotion for this project? September 6, 2011 New Business 7-c 95 of 129 Have your submitted any advertisements or printed pieces to the TDC staff for approval? Please supply a sample and indicate the ad schedule. How has the public interest for this project been up to this point? September 6, 2011 New Business 7-c 96 of 129 EXHIBIT "C" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Final Status Report TITLE: FAX: On an attached sheet, answer the following questions for each element in your scope of work. Final —These questions should be answered for your final status report. Was this a first time project? If not, how many times has this event taken place? What hotels/motels were utilized to support the project and how many? What is the total economic impact and revenue generated for this event? Total expenses. (Have all vendors been paid?) List the vendors that have been paid, if not, what invoices are still outstanding and why? What is the number of participants that visited the project? What is the percentage of the total participants from out of Collier County? What problems occurred if any during the project event? List any out -of -county- advertising, marketing, and/or public relations that was used to support the project and attach samples. How could the project been improved or expanded? September 6, 2011 New Business 7-c 97 of 129 EXHIBIT "D" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZA ADDRESS CONTACT PERSON TELEPHONE ( ) REQUEST PERIOD FROM TO. ( ) INTERIM REPORT ( ) FINAL REPORT TOTAL CONTRACT AMOUNT EXPENSE BUDGET REIMBURSEMENT REQUESTED TOTALS REQUEST # NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Copies of paid invoices, cancelled checks, tear sheets, printed samples or other backup information to substantiate payment must accompany request for funds. The following will not be accepted for payments: statements in place of invoices; checks or invoices not dated; tear sheets without date, company or organizations name. A tear sheet is required for each ad for each day or month of publication. A proof of an ad will not be accepted. Each additional request for payment subsequent to the first request, Grantee is required to submit verification in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. If project budget has specific categories with set dollar limits, the Grantee is required to include a spreadsheet to show which category each invoice is being paid from and total of category before payment can be made to Grantee. Organizations receiving funding should take into consideration that it will take a maximum of 45 days for the County to process a check. Furnishing false information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on our official accounting system and records, consistently applied and maintained and that the cost shown have been made for the purpose of and in accordance with, the terms of the contract. The funds requested are for reimbursement of actual cost made during this time period. SIGNATURE TITLE September 6, 2011 New Business 7-c 98 of 129 EXHIBIT "E" Naples Marcia Island Everglades PARADISE COAST- VISITOR QUESTIONNAIRE Welcome to the Paradise Coast Im. Thank you for choosing this area for your visit. Please take a few minutes to complete the following questions so that we can better serve the needs of future visitors to Florida's Last Paradise Im. PLEASE REFER TO OUR PARADISE COAST BROCHURES FOR THE LOCATION OF ALL AREA ATTRACTIONS. NAME: ADDRESS: CITY ST ZIP DATE OF ARRIVAL: DATE OF DEPARTURE: WHERE ARE YOU HOTEL/RESORT FRIENDS/FAMILY CONDOMINIUM STAYING? NAME OF HOTEL AND CITY/AREA: NAME OF CONDOMINIUM/TIMESHARE: # OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY = HOW DID YOU SELECT THE HOTEL/CONDOMINIUM? INTERNET ( ) YOUR CHOICE ( ) TRAVEL AGENT ( ) OTHER: NUMBER OF MEALS YOU & YOUR GROUP WILL EAT OUT: Number of people in your party = Number of days of your visit = Number of meals eaten out each day = PLANNED AREA ACTIVITIES: (Please circle all that apply) ARTS & CULTURE WATER SPORTS NATURE von Liebig Art Center Beaches Everglades Tour Naples Museum of Art Naples Pier County Parks Sugden Theatre Shelling National Park Naples Philharmonic Fishing State Parks Art Galleries Boating Corkscrew Swamp Other Kayaking Conservancy of SW FL Other Lake Trafford Other SHOPPING AND DINING Fifth Avenue South Third Street South Waterside Shops Venetian Bay Bayfront Tin City Prime Outlets Other SIGHTSEEING Lunch/Dinner Cruise/ Sunset Cruise City Trolley Tour Everglades Tour Segway Tour Dolphin Cruise Other FAMILY ATTRACTIONS Naples Zoo Naples Botanical Garden Fun'n Sun Water Park Swamp Buggy Race Mini Golf King Richard's Fun Park Other RELAXATION & ENTERTAINMENT Golf Spa Shelling Seminole Casino Lounges & Clubs Music Other EXHIBIT "F" The von Liebig Art Center Project Budget September 6, 2011 New Business 7-c 99 of 129 Funding — Not to Exceed Out of County Advertising and Marketing Expenses to include: Off Season Major Festival and Event Advertising, Print and Mailings Total: $37,500 September 6, 2011 New Business 7-c 100 of 129 EXHIBIT A-2 Contract Amendment #2 "2011 Tourism Agreement Between Collier County and Naples Botanical Garden, Inc." This amendment, dated , 2011 to the referenced agreement shall be by and between the parties to the original Agreement, Naples Botanical Garden, Inc. (to be referred to as "Grantee") and Collier County, Florida, (to be referred to as "County"). Statement of Understanding RE: Contract # 10-5551 - "2011 Tourism Agreement Between Collier County and Naples Botanical Garden, Inc." In order to continue the services provided for in the original Contract document referenced above, the GRANTEE agrees to amend the above referenced Contract as per the Exhibit "A2-A" attached to this Amendment and incorporated herein by reference. This Amendment shall extend the Agreement through November 30, 2011. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Grantee and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. ATTEST: DWIGHT E. BROCK, Clerk By: Dated: (SEAL) Approved as to form and legal sufficiency Assistant County Attorney WITNESSES: (1) Printed/Typed Name (2) Printed/Typed Name Accepted: , 2011 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, Chairman GRANTEE: Naples Botanical Garden, Inc. Printed/Typed Name Printed/Typed Title September 6, 2011 New Business 7-c 101 of 129 Fxhibit A2-A 2011 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES BOTANICAL GARDEN, INC. THIS AGREEMENT, is made and entered into this Ist day of October, 2010, 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 out of county marketing expenses; and WHEREAS, The Tourist Development Council has recommended funding for 'advertising,_....._ nt,,.,and re�latcd tnarl,eting .rnd GRANTEE S out of cc�untv.......market titb5lte..�nhartc�rn4 ti nil expenditures; and WHEREAS, the Board of County Commissioners has made a finding that GRANTEE qualifies as a museum; and WHEREAS, The Collier County Board of County Commissioners has approved the funding request of the GRANTEE and the Chairman was authorized to execute the Tourism Agreement. 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 "F", the GRANTEE shall expend the funds for the promotion of GRANTEE'S marketing (hereinafter "the Project"), to include, but not be limited to: September 6, 2011 New Business 7-c 102 of 129 (i) Advertising and promotional expenses in media and literature distribution outside of Collier County to increase the number of overnight visitors to Collier County. 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 form attached hereto as Exhibit "D" and made a part hereof, and shall submit vendor invoices-.. co Tics of credit card rccci �t5 arul statcn�ents and si rci ��7 t s_ �I ri llcd checks. on—line bill —pax,--transaction registers or otiter_accc�7tlblc evidence of pa\,ntent. original tear sheds of pr int ads shMNIM-) publication name and date, affidavit of broaccast_dateti,,, and tinles_ Screen shots ()I can,.-I'lle ads slio�itt�.z_date c>(_C�tPturc._ samples cat p.r i.�tc l matsrial5_ rnd Drools ol"IIN ads and_tadio ,�ripts cvHlt�z-wear Ltd u to the Executive Director of the Naples, Marco, Everglades Convention and Visitors Bureau ("CVB"), or his designee, for review and upon verification by letter from the GRANTEE that the services or work performed as described in the invoice have been completed or that the goods have been received and that all vendors have been paid. (b) The Executive Director of the CVB, 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 "F" shal I 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 of the Board of County Commissioners pre -audits all payment invoices in accordance with law. (e) GRANTEE shall. be paid for its actual costs, not to exceed the total amount for any line item nor the maximum amount budgeted pursuant to the attached "Exhibit F". I.:::_,nefldittres �tiith__.. publications, _._._broadcast .__lld brOCIMI-e distributior�,_.N6th, .°ik2LIlJIi0tt cat_ _t, aCh outside Collier_ t _ unt� (,) cer, 501�6 of the total will bc-acccptabie _l6r IVIIIrburSc�ment at Ijull v<tltre based on a SMtcrYtent from the publisher. broadcaster or distributor ittestim, to that circulation percentari�e. September 6, 2011 New Business 7-c 103 of 129 _In`oiccs for )re riajnjent_or. fir icy osit_.on services tivill not be eligible l6r rcirnbursement. (it) Services or product__ must_ be delivered and .aid for.._by (,JR.ANTl_F between the. ell' tid_c_elates ol`this agreement. (it) -All requests for reimbursement must be received by ember_30, 2011 to be eligible for payment. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in Paragraph One (1) will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2010 and late r ' ovety ber,-30, 2011. (c) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY's written request to repay said funds. (d) COUNTY may request repayment of funds for a period of up to three (3) years after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming the Collier County Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY — Statutory September 6, 2011 New Business 7-c 104 of 129 (c) The Certificate of Insurance must be delivered to the Executive Director of the CVB or his designee with copies of the Agreement executed by GRANTEE. The GRANTEE shall not commence promotional or advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY and the Agreement is fully executed. 5. REPORTING REQUIREMENTS: (a) GRANTEE shall provide to County a preliminary status report on the form attached hereto as Exhibit "A" within thirty (30) days of the effective date of the agreement. (b) GRANTEE shall provide to County a calendar quarterly interim status report on the form attached hereto as Exhibit "B"NNliedi r ()I- not a RCcQUest._:fa7r Fundy IS sL,yb»litted. (c) GRANTEE shall provide to County a final status report on the form attached hereto as Exhibit "C" no later than tt> I .-N�wcmber 30, 2011. (d) Each report shall identify the amount spent, the duties performed, the services provided. the ci)ti alit _�r,ri act generated by the GRANT"I: and the goods delivered since the previous reporting period. (e) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. (fl COUNTY may withhold any interim or final payments for failure of GRANTEE to provide the interim status report or final status report until the County receives the interim status report or final status report or other report acceptable to the Executive Director of the CVB. (g) GRANTEE shall request that visitors to the Naples Botanical Gardens complete the visitor questionnaire attached to this Agreement as Exhibit "E". All completed visitor questionnaires shall be maintained in accordance with Section 13 of this Agreement. 6. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph One (1). (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. September 6, 2011 New Business 7-c 105 of 129 (c) GRANTEE agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION: 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: Brian Holley, Executive Director Naples Botanical Garden 4820 Bayshore Drive Naples, Florida 34112 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: Jack Wert, Executive Director Naples, Marco Island, Everglades CVB 2800 N. Horseshoe Drive Naples, Florida 34104 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. September 6, 2011 New Business 7-c 106 of 129 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: GRANTEE is required to maintain complete and accurate accounting records. All revenue related to the Agreement must be recorded, and all expenditures must be incurred within the term of this Agreement. 13. AVAILABILITY OF FUNDS: This agreement is subject to the availability of Tourist Development Tax revenues. If for any reason tourist tax funds are not available to fund all or part of this agreement, the COUNTY may upon written notice , at any time during the term of this agreement, and at its sole discretion, reduce or eliminate funding under this agreement. 14. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement for September 6, 2011 New Business 7-c 107 of 129 a period of three (3) years. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any transactions related to this Agreement. 15. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 16. TERM: This Agreement shall become effective on October 1, 2010 and shall �emain effective for one year until _.30, 2011. If the project is not completed within the term of this agreement, all unreleased funds shall be retained by the COUNTY. Any �xtension of this agreement beyond the above, e date tei-m in order to complete the Project must be at the express consent of the Collier County Board of County Commissioners. 17. 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 90 days. 18. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Executive Director of the CVB or his designee, along with a final budget analysis by (4 t 4e+4 -Noy ember 30, 2011. 19. REQUIRED NOTATION: All promotional literature and all print. broadcast and n1-lit11c,__media advertising must prominently list Collier County and the Tourist Development 1 as a source of funds to reed -A cooperative effiort tiznded by the Collier ('()urit_\ T(Mri t display the CVB logo and website address ti«� p4�la�l-ec�4ist_com to qualify for reimbursement. 20. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. September 6, 2011 New Business 7-c 108 of 129 September 6, 2011 New Business 7-c 109 of 129 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: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency Assistant County Attorney WITNESSES: Printed/Typed Name (2) Printed/Typed Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, Chairman GRANTEE: NAPLES BOTANICAL GARDEN, INC. Printed/Typed Name Printed/Typed Title September 6, 2011 New Business 7-c 110 of 129 September 6, 2011 New Business 7-c 111 of 129 EXHIBIT "A" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Preliminary Status Report TITLE: FAX: On an attached sheet, answer the following questions and attach it to your application. PRELIMINARY INFORMATION: Is this a first time project? If not, please give details of past projects. Do you anticipate using area hotels in support of your project? If so, what are the estimated hotel room nights generated by project? What is the estimated revenue generated by this project? September 6, 2011 New Business 7-c 112 of 129 What is the estimated number of participants expected to visit the project? If project planning is in progress, what has been done, what remains to be done, and are there any problems? If the project planning has not been started, why? List any planned out -of -county advertising, marketing, and/or public relations that will be used in support of the project. September 6, 2011 New Business 7-c 113 of 129 EXHIBIT "B" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Interim Status Report TITLE: on an attached sheet answer the following questions to identify the status of the project. Submit this report at least quarterly. INTERIM — These questions will identify the current status of the project. After the TDC staff reviews this Interim Status Report, if they feel you are behind schedule on the planning stages, they will make recommendations to help get the project stay on schedule. Has the planning of this project started? At what point are you at with the planning stage for this project? (Percent of completion) Will any hotels/motels be utilized to support this project? If so, how many hotel room nights will be utilized? What is the total dollar amount to date of matching contributions? What is the status of the advertising and promotion for this project? Have your submitted any advertisements or printed pieces to the TDC staff for approval? Please supply a sample and indicate the ad schedule. September 6, 2011 New Business 7-c 114 of 129 How has the public interest for this project been up to this point? September 6, 2011 New Business 7-c 115 of 129 EXHIBIT licit Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Final Status Report TITLE: FAX: On an attached sheet, answer the following questions for each element in your scope of work. Final — These questions should be answered for your final status report. Was this a first time project? If not, how many times has this event taken place? What hotels/motels were utilized to support the project and how many? What is the total economic impact and revenue generated for this event? Total expenses. (Have all vendors been paid?) List the vendors that have been paid, if not, what invoices are still outstanding and why? What is the number of participants that visited the project? What is the percentage of the total participants from out of Collier County? What problems occurred if any during the project event? List any out -of -county- advertising, marketing, and/or public relations that was used to support the project and attach samples. How could the project been improved or expanded? EXHIBIT "D" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATIO ADDRESS CONTACT PERSON TELEPHONE ( ) REQUEST PERIOD ( ) INTERIM REPORT TOTAL CONTRACT AMOUNT $ EXPENSE TOTALS FROM TO ( ) FINAL REPORT BUDGET REIMBURSEMENT REQUESTED September 6, 2011 New Business 7-c 116 of 129 REQUEST # NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Copies of paid invoices, cancelled checks, tear sheets, printed samples or other backup information to substantiate payment must accompany request for funds. The following will not be accepted for payments: statements in place of invoices; checks or invoices not dated; tear sheets without date, company or organizations name. A tear sheet is required for each ad for each day or month of publication. A proof of an ad will not be accepted. Each additional request for payment subsequent to the first request, Grantee is required to submit verification in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. If project budget has specific categories with set dollar limits, the Grantee is required to include a spreadsheet to show which category each invoice is being paid from and total of category before payment can be made to Grantee. Organizations receiving funding should take into consideration that it will take a maximum of 45 days for the County to process a check. Furnishing false information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on our official accounting system and records, consistently applied and maintained and that the cost shown have been made for the purpose of and in accordance with, the terms of the contract. The funds requested are for reimbursement of actual cost made during this time period. September 6, 2011 New Business 7-c 117 of 129 SIGNATURE TITLE September 6, 2011 New Business 7-c 118 of 129 EXHIBIT "E" Naples Marc....-• °f.,i�a.:d Everglades -All- °"- VISITOR QUESTIONNAIRE Welcome to the Paradise Coast sm. Thank you for choosing this area for your visit. Please take a few minutes to complete the following questions so that we can better serve the needs of future visitors to Florida's Last Paradise sm. PLEASE REFER TO OUR PARADISE COAST BROCHURES FOR THE LOCATION OF ALL AREA ATTRACTIONS. NAME: ADDRESS: CITY ST ZIP DATE OF ARRIVAL: DATE OF DEPARTURE: WHERE ARE YOU HOTEL/RESORT FRIENDS/FAMILY CONDOMINIUM STAYING? NAME OF HOTEL AND CITY/AREA: NAME OF CONDOMINIUM/TIMESHARE: # OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY = HOW DID YOU SELECT THE HOTEL/CONDOMINIUM? INTERNET ( ) YOUR CHOICE ( ) TRAVEL AGENT ( ) OTHER: NUMBER OF MEALS YOU & YOUR GROUP WILL EAT OUT: Number of people in your party = Number of days of your visit = Number of meals eaten out each day = PLANNED AREA ACTIVITIES: (Please circle all that apply) ARTS & CULTURE WATER SPORTS NATURE FAMILY ATTRACTIONS von Liebig Art Center Beaches Everglades Tour Naples Zoo Naples Museum of Art Naples Pier County Parks Naples Botanical Garden Sugden Theatre Shelling National Park Fun'n Sun Water Park Naples Philharmonic Fishing State Parks Swamp Buggy Race Art Galleries Boating Corkscrew Swamp Mini Golf Other Kayaking Conservancy of SW FL King Richard's Fun Park Other Lake Trafford Other Other SHOPPING AND DINING SIGHTSEEING RELAXATION & Fifth Avenue South Lunch/Dinner Cruise/ ENTERTAINMENT Third Street South Sunset Cruise Golf Waterside Shops City Trolley Tour Spa Venetian Bay Everglades Tour Shelling Bayfront Segway Tour Seminole Casino Tin City Dolphin Cruise Lounges & Clubs Prime Outlets Other Music Other Other September 6, 2011 New Business 7-c 119 of 129 EXHIBIT "F" Naples Botanical Garden Project Budget Funding — Not to Exceed Out of County Advertising and Marketing Expenses to include: Online Marketing and Regional Advertising Total: $75,000 September 6, 2011 New Business 7-c 120 of 129 EXHIBIT A-2 Contract Amendment #2 "2011 Tourism Agreement Between Collier County and United Arts Council of Collier County, Inc." This amendment, dated , 2011 to the referenced agreement shall be by and between the parties to the original Agreement, United Arts Council of Collier County, Inc. (to be referred to as "Vendor") and Collier County, Florida, (to be referred to as "County"). Statement of Understanding RE: Contract # 10-5551 - "2011 Tourism Agreement Between Collier County and United Arts Council of Collier County, Inc." In order to continue the services provided for in the original Contract document referenced above, the VENDOR agrees to amend the above referenced Contract as per the Exhibit "A2-A" attached to this Amendment and incorporated herein by reference. This Amendment shall extend the Agreement through November 30, 2011. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Vendor and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. ATTEST: DWIGHT E. BROCK, Clerk By: Dated: (SEAL) Approved as to form and legal sufficiency Assistant County Attorney WITNESSES: (1) Printed/Typed Name (2) Printed/Typed Name Accepted: , 2011 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA At FRED W. COYLE, Chairman VENDOR: United Arts Council of Collier County, Inc. :• Printed/Typed Name Printed/Typed Title September 6, 2011 New Business 7-c 121 of 129 Exhibit .A.2-A 2011 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND UNITED ARTS COUNCIL OF COLLIER COUNTY, INC. THIS AGREEMENT is made and entered into this l st day of October, 2010, by and between United Arts Council of Collier County, Inc., a Florida not -for -profit corporation, hereinafter referred to as "VENDOR" 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 Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated to promote and advertise tourism within the State of Florida, nationally and internationally which encourages tourism; and WHEREAS, VENDOR has proposed to the Tourist Development Council and the County to use Tourist Development Tax funds for community information services including the production and printing of a monthly calendar of events for arts and cultural activities; and WHEREAS, the Tourist Development Council has recommended funding for the production of a monthly arts and culture calendar; and WHEREAS, The Collier County Board of County Commissioners has approved the funding proposal of the VENDOR and the Chairman was authorized to execute the Tourism Agreement. 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 VENDOR shall produce a monthly arts and culture calendar (hereinafter "the Project") 1 September 6, 2011 New Business 7-c 122 of 129 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Twenty -Four Thousand Dollars ($24,000). VENDOR shall be paid in accordance with fiscal procedures of the County for the expenditures incurred as described in Paragraph One (1) herein upon submittal of an invoice, and shall submit vendor invoices-, conics of'credit .aid reccipts and statements and t�\o sided co oics_of cancelled checks. on_ -line bill pati transaction registers or other acceptable evidence of payrnent,.....orrgr,nal tear_ sheets of orint ad,s showing .publication name anti, date. <affi.d�a6l of broadcast dates and times, screen shots c)i' tin -line ads showing date of cat7ture, ti t�l IG. i irted materials and prool's of, TV ads and radio scrip s 4-eopw, c�#=-eaRV-r==ked the Executive Director of the Naples, Marco, Everglades Convention and Visitors Bureau ("CVB"), or his designee, for review and upon verification by letter from the VENDOR that the services or work performed as described in the invoice have been completed or that the goods have been received and that all vendors have been paid. (b) The Executive Director of the CVB 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 line item 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 VENDOR until the Clerk of the Board of County Commissioners pre -audits all payment invoices in accordance with law. (e) VENDOR shall be paid for its actual costs, not to exceed the maximum amount budgeted pursuant to the attached "Exhibit A". pcncliturcS kvit�blicationns, broadcast and brochure distribution ttiith ,11_a_ulatit,�rt 01- I-Cach O.rrtsrdc....._C Alrco CQUIrt� OVC1' i()"o cif' the total v ill be adaptable Poi rci3aabur_sclaacntat fullv_aalue based on a statement fromthehe oublisher. broadcaster or distributor. �attetitrn, (0 tltlt Cracirl tti011 ?ercentage. _lnvolces for )r�epaynicnt or f >rL cjeiosit on services will not be L i ible tor reimburse nrctat. (ll) Ser6e5 or prOdG3ct...tt7la t(re_. ltl�rcacd._.rr3cl paid.._. irr h\ GIZ 1;\ I I,F.bctween the a c.tl� c d ate:`; c�t_'_this agreenicnt. 2 September 6, 2011 New Business 7-c 123 of 129 requests for reimbursement must be received prior to der N'ovember_30, 2011 to be eligible for payment. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in Paragraph One (1) will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2010 and-'septemb-orti �i c rz k e_r.30, 2011. (c) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY's written request to repay said funds. (d) COUNTY may request repayment of funds for a period of up to three (3) years after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: (a) VENDOR shall submit a Certificate of Insurance naming Collier County Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY — Statutory (c) The Certificate of Insurance must be delivered to the Executive Director of the CVB, or his designee, with the executed Agreement. The VENDOR shall not commence work 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. CHOICE OF VENDORS AND FAIR DEALING: 3 September 6, 2011 New Business 7-c 124 of 129 (a) VENDOR may select vendors or subcontractors to provide services as described in Paragraph One (1). (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. (c) VENDOR agrees to disclose any financial or other relationship between (kA-l=--V1-N1)(:)R and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 6. INDEMNIFICATION: VENDOR 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 VENDOR or anyone employed or utilized by the VENDOR 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. 7. NOTICES: All notices from the COUNTY to the VENDOR shall be in writing and deemed duly served if mailed by registered or certified mail to the VENDOR at the following address: Elaine Hamilton, Executive Director United Arts Council of Collier County, Inc. 2335 Tamiami Trail North, #504 Naples, FL 34103-4459 All notices from the VENDOR to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: Jack Wert, Executive Director Naples, Marco Island, Everglades CVB 2800 N. Horseshoe Drive Naples, Florida 34104 rd September 6, 2011 New Business 7-c 125 of 129 The VENDOR and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 8. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the VENDOR, or its vendors or subcontractors, or to constitute the VENDOR, or its vendors or subcontractors, as an agent or employee of the COUNTY. 9. COOPERATION: VENDOR 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. 10. TERMINATION: (a) The COUNTY or the VENDOR 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 VENDOR for all expenditures or contractual obligations incurred by VENDOR, with subcontractors and vendors, up to the effective date of the termination so long as such expenses are eligible. H . GENERAL ACCOUNTING: VENDOR is required to maintain complete and accurate accounting records. All revenue related to the Agreement must be recorded, and all expenditures must be incurred within the term of this Agreement. 12. 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. 5 September 6, 2011 New Business 7-c 126 of 129 13. AVAILABILITY OF RECORDS: VENDOR shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement for a period of three (3) years. VENDOR agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of VENDOR involving any transactions related to this Agreement. 14. PROHIBITION OF ASSIGNMENT: VENDOR shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 15, TERM: This Agreement shall become effective on October 1, 2010 and shall remain effective for one year until 4Em{ar \�7vc��7i7e.r.30, 2011. If the project is not completed (within the term of this agreement, all unreleased funds shall be retained by the COUNTY. Any �xtension of this agreement beyond the of --4N4- r +e++frabovc_date in order to complete the Project must be at the express consent of the Collier County Board of County Commissioners. 16. The VENDOR 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 90 days. 17. REQUIRED NOTATION: All promotional literature and all print, broadcast and -(file n»ckh 7 advcrtim must prominently list Collier County and the Tourist Development ouncil as a source of funds to reaad "A cooperative eYfbrt funded bN the County 'I"ourist Fax-: and_'or display the CVB logo with website address Aww,paTadisecoast.comto qualify for reimbursement. 18, AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. C. September 6, 2011 New Business 7-c 127 of 129 IN WITNESS WHEREOF, the VENDOR 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: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency Assistant County Attorney WITNESSES: Printed/Typed Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, Chairman VENDOR: UNITED ARTS COUNCIL OF COLLIER COUNTY 7 (2) September 6, 2011 New Business 7-c 128 of 129 Io-W Printed/Typed Name Printed/Typed Name Printed/Typed Title EXHIBIT "A" United Arts Council of Collier County, Inc. Project Budget Printing of calendars Data compilation, graphics, typesetting & layout Distribution (postage, mail services, delivery fees) Total: E September 6, 2011 New Business 7-c 129 of 129 Funding — Not to Exceed $24,000 September 6, 2011 New Business 7-d 1 of 95 TDC EXECUTIVE SUMMARY Recommendation to approve FY 12 Tourism Agreements for Category B Grant Agreements totaling $65,000; Category C-2 Grant Agreements totaling $240,000; and a Tourism Department printing project totaling $24,000 and waive grant application multiple year funding guidelines where appropriate OBJECTIVE: Recommend BCC approval of FY 12 tourist tax grant agreements based on Tourist Development Council (TDC) funding recommendations on May 23, 2011 for Category B and Category C-2 grant applications and a Tourism Department printing project. CONSIDERATIONS: Grant applications were made available on the Collier County tourism website in January 2011 and were initially reviewed by the Tourism Director and then by a panel of five tourism industry representatives on May 12, 2011. The review panel recommendations were subsequently presented to the TDC on May 23, 2011. Agreements have been prepared for each grantee based on the funding recommended by the TDC, reimbursement requirements in the grant application guidelines and input from the Clerk of Courts Internal Audit Division. CATEGORY B MARKETING & EVENT GRANTS ArtsNaples World Festival, Inc. - $25,000: To promote a community -wide, multi -venue art and music festival, scheduled for May 14-20, 2012. The festival will use multiple Collier area venues and will feature art and culture from the Russian region. They are requesting assistance in advertising in out of market media within a one day drive of Collier. The original request was for $25,000, the TDC recommended $25,000 consistent with the Grant Review panel. Friends of Rookery Bay - $40,000: The Friends group, which supports the Rookery Bay National Estuary Preserve with volunteers and fund raising assistance, originally applied for an FY 12 Category C-2 Museum grant and the County Attorney suggested it would better qualify as a Category B Marketing grant. The group had received a Category B grant in FY 08 for $25,000. Attendance at the facility increased 34% to 35,000 in 2010 due to the increased promotional efforts supported by TDC grant funds. The requested funding is to promote the facility using e-marketing, broadcast and cable advertising, website enhancements and a new mobile application. The original request was for $54,500, the TDC recommended $40,000 consistent with the Grant Review panel as a Category B grant. September 6, 2011 New Business 7-d 2 of 95 CATEGORY C-2 GRANTS - Non County Owned or Operated Museums Golisano Children's Museum of Naples - $100,000: The museum is nearing completion on the north side of North Collier Regional Park and plans to open in the Fall of 2011. This is the fourth request for funding from this organization. The requested funds will be used to promote two exhibit areas in the new museum using traveling exhibits. The original request was for $150,000, the TDC recommended $100,000 consistent with the Grant Review panel. Holocaust Museum of SW Florida - $30,000: The museum staff estimates 2010 overnight attendance for the museum at 2,732. This is their fifth request for funding. The Grant Review Committee noted that the request this year is for two special exhibits at the museum. One is Anne Frank — Past & Present- an art presentation of Florida artist Myra Robert. The second exhibit is Paintings of Irena Sendler —Children of the Warsaw Ghetto. Funds will be used for promoting the two exhibits in out of market media mirroring the CVB's targeted markets. The original request was for $75,000, the TDC recommended $30,000 consistent with the Grant Review panel. Naples Art Association, dba von Liebig Art Center - $35,000: This organization has received TDC grant funding for the past five years. They estimate attendance at their major events at 76,210 with 795 hotel room nights. They are requesting funding assistance for out of market advertising of their 2012 festivals. The original request was for $75,849, the TDC recommended $35,000 consistent with the Grant Review panel. Naples Botanical Garden - $75,000: This organization has received TDC grant funding since 2001 during their initial construction phase. They have now completed their major redevelopment project with the opening of their final two garden exhibits. They report attendance for last year at 92,706 with 65% from out of Collier County. They have requested funding for advertising and promotion targeting Florida drive markets and the Florida Hispanic Market using website banner ads, search engine marketing and Facebook ads. The original request this year was for $208,000, the TDC recommended $75,000 consistent with the Grant Review panel. TOURISM DEPARTMENT PRINTING PROJECT United Arts Council of Collier County - $24,000: United Arts Council of Collier County produces an annual printed cultural events calendar. These calendars are provided to area Visitor Centers, arts organizations, hotel concierge desks and are included in area information packets distributed by the Economic Development Council, Chambers of Commerce and hotel sales executives. This is the Council's fifth request for funding of this project. The TDC suggested this project be funded as a CVB printing project at $24,000. September 6, 2011 New Business 7-d 3 of 95 FISCAL IMPACT: Funding for Category B grants in the amount of $65,000, Category C-2 grants in the amount of $240,000, and a Tourism Department Printing Project in the amount of $24,000 is included in the Tourism Department's FY 12 marketing budget. LEGAL CONSIDERATION: This item has been reviewed by the County Attorney's Office, requires majority vote, and is legally sufficient for Board action. RECOMMENDATION: Recommendation to approve FY 12 Tourism Agreements for Category B Grant Agreements totaling $65,000; Category C-2 Grant Agreements totaling $240,000; and a Tourism Department printing project totaling $24,000 and waive grant application multiple year funding guidelines where appropriate. SUBMITTED BY: Jack Wert, Tourism Director TDC MEETING DATE: 9/6/11 September 6, 2011 New Business 7-d 4 of 95 2012 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND ARTSNAPLES WORLD FESTIVAL, INC. THIS AGREEMENT is made and entered into this day of , 2011, by and between ArtsNaples World Festival, Inc., a Florida not -for - profit corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY". WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Collier County Tourism Ordinance provides that certain of the revenues generated by the Tourist Development Tax are to be allocated to promote and advertise tourism within the State of Florida, nationally and internationally which encourages tourism; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds for out of county promotion of an international celebration of the arts festival; and WHEREAS, the Collier County Board of County Commissioners has approved the funding request of the GRANTEE and the Chairman was authorized to execute the Tourism Agreement. 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 "F", the GRANTEE shall expend the funds for the out of county promotion of the ArtsNaples World Festival (hereinafter "the Project"). 1 September 6, 2011 New Business 7-d 5 of 95 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Twenty Five Thousand Dollars ($25,000). GRANTEE shall be paid in accordance with fiscal procedures of the County for the expenditures incurred as described in Paragraph One (1) herein upon submittal of a Request for Funds on the form attached hereto as Exhibit "D" and made a part hereof, and shall submit vendor invoices, copies of credit card receipts and statements and two-sided copies of cancelled checks, on-line bill pay transaction registers or other acceptable evidence of payment. Original tear sheets of print ads showing publication name and date, affidavit of broadcast dates and times, screen shots of on-line ads showing date of capture, samples of printed materials and proofs of TV ads and radio scripts to the Tourism Director or his designee, for review and upon verification by letter from the GRANTEE that the services or work performed as described in the invoice have been completed or that the goods have been received and that all vendors have been paid. (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 "F" shall constitute authorization for the expenditures] 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 of the Board of County Commissioners 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 F". (f) Expenditures with publications, broadcast and brochure distribution with circulation or reach outside Collier County over fifty percent (50%) of the total will be acceptable for reimbursement at full value based on a statement from the publisher, broadcaster or distributor attesting to that circulation percentage. (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 prior to September 30, 2012 to be eligible for payment. 2 September 6, 2011 New Business 7-d 6 of 95 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in Paragraph One (1) will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2011 and September 30, 2012. (c) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY's written request to repay said funds. (d) COUNTY may request repayment of funds for a period of up to three (3) years after termination of this Agreement or any extension or renewal thereof. 4. REPORTING REQUIREMENTS: (a) GRANTEE shall provide to County a preliminary status report on the form attached hereto as Exhibit "A" within thirty (30) days of the effective date of the agreement. (b) GRANTEE shall provide to County a calendar quarter interim status report on the form attached hereto as Exhibit "B" whether or not a Request for Funds is submitted. (c) GRANTEE shall provide to County a final status report on the form attached hereto as Exhibit "C" no later than October 15, 2012. (d) Each report shall identify the amount spent, the duties performed, the services provided, economic impact generated by the GRANTEE and the goods delivered since the previous reporting period. (e) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. (f) COUNTY may withhold any interim or final payments for failure of GRANTEE to provide the interim status report or final status report until the County receives the interim status report or final status report or other report acceptable to the Tourism Director. (g) GRANTEE shall request that visitors to the the ArtNaples Festival complete the visitor questionnaire attached to this Agreement as Exhibit "E". All completed visitor questionnaires shall be maintained in accordance with Paragraph Thirteen (13) of this Agreement. 3 September 6, 2011 New Business 7-d 7 of 95 5. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph One (1). (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. (c) GRANTEE agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 6. 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. 7. 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: Merlin Lickhalter, President ArtsNaples World Festival, Inc. 6825 Grenadier Blvd. #1005 Naples, FL 34108 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: Jack Wert, Tourism Director Collier County Tourism Department 2800 N. Horseshoe Drive Naples, Florida 34104 4 September 6, 2011 New Business 7-d 8of95 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. 8. 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. 9. 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. 10. 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. 11. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records. All revenue related to the Agreement must be recorded, and all expenditures must be incurred within the term of this Agreement. 12. 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. 5 September 6, 2011 New Business 7-d 9 of 95 13. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement for a period of three (3) years. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any transactions related to this Agreement. 14, 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. 15. TERM: This Agreement shall become effective on October 1, 2011 and shall remain effective for one year until September 30, 2012. 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. 16. 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. 17. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Tourism Director or his designee, along with a final budget analysis by October 15, 2012, 18. REQUIRED NOTATION: All promotional literature and all print, broadcast and on-line media advertising must prominently list Collier County and the Tourist Development Council as a source of funds to read "A cooperative effort funded by the Collier County Tourist Development Tax" and/or display the CVB logo and website address www.paradisecoast.com to qualify for reimbursement. 1.1 September 6, 2011 New Business 7-d 10of95 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 warranted. 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: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency Colleen M. Greene Assistant County Attorney WITNESSES: Printed/Typed Name (2) Printed/Typed Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA M. FRED W. COYLE, Chairman GRANTEE: ARTSNAPLES WORLD FESTIVAL, INC. 11-rd Printed/Typed Name Printed/Typed Title 7 September 6, 2011 New Business 7-d 11 of 95 EXHIBIT "A" Collier County Tourist Development Council Preliminary Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: --------------------------------------------- --------------------------------------------- TITLE: FAX: On an attached sheet, answer the following questions and attach it to your application. PRELIMINARY INFORMATION: Is this a first time project? If not, please give details of past projects. Do you anticipate using area hotels in support of your project? If so, what are the estimated hotel room nights generated by project? What is the estimated revenue generated by this project? What is the estimated number of participants expected to visit the project? If project planning is in progress, what has been done, what remains to be done, and are there any problems? If the project planning has not been started, why? List any planned out -of -county advertising, marketing, and/or public relations that will be used in support of the project. H; September 6, 2011 New Business 7-d 12 of 95 EXHIBIT "B" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Interim Status Report TITLE: On an attached sheet, answer the following questions to identify the status of the project. Submit this report at least quarterly. INTERIM — These questions will identify the current status of the project. After the TDC staff reviews this Interim Status Report, if they feel you are behind schedule on the planning stages, they will make recommendations to help get the project stay on schedule. Has the planning of this project started? At what point are you at with the planning stage for this project? (Percent of completion) Will any hotels/motels be utilized to support this project? If so, how many hotel room nights will be utilized? What is the total dollar amount to date of matching contributions? What is the status of the advertising and promotion for this project? Have your submitted any advertisements or printed pieces to the TDC staff for approval? Please supply a sample and indicate the ad schedule. How has the public interest for this project been up to this point? E September 6, 2011 New Business 7-d 13 of 95 EXHIBIT "C" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Final Status Report TITLE: FAX: On an attached sheet, answer the following questions for each element in your scope of work. Final — These questions should be answered for your final status report. Was this a first time project? If not, how many times has this event taken place? What hotels/motels were utilized to support the project and how many? What is the total economic impact and revenue generated for this event? Total expenses. (Have all vendors been paid?) List the vendors that have been paid, if not, what invoices are still outstanding and why? What is the number of participants that visited the project? What is the percentage of the total participants from out of Collier County? What problems occurred if any during the project event? List any out -of -county- advertising, marketing, and/or public relations that was used to support the project and attach samples. How could the project been improved or expanded? 10 September 6, 2011 New Business 7-d 14 of 95 EXHIBIT "D" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE ( ) REQUEST PERIOD FROM TO REQUEST# ( ) INTERIM REPORT ( ) FINAL REPORT TOTAL CONTRACT AMOUNT $ EXPENSE BUDGET REIMBURSEMENT REQUESTED TOTALS NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Copies of paid invoices, cancelled checks, tear sheets, printed samples or other backup information to substantiate payment must accompany request for funds. The following will not be accepted for payments: statements in place of invoices; checks or invoices not dated; tear sheets without date, company or organizations name. A tear sheet is required for each ad for each day or month of publication. A proof of an ad will not be accepted. Each additional request for payment subsequent to the first request, Grantee is required to submit verification in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. If project budget has specific categories with set dollar limits, the Grantee is required to include a spreadsheet to show which category each invoice is being paid from and total of category before payment can be made to Grantee. Organizations receiving funding should take into consideration that it will take a maximum of 45 days for the County to process a check. Furnishing false information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on our official accounting system and records, consistently applied and maintained and that the cost shown have been made for the purpose of and in accordance with, the terms of the contract. The funds requested are for reimbursement of actual cost made during this time period. SIGNATURE TITLE 11 September 6, 2011 New Business 7-d 15 of 95 EXHIBIT "E" Naples Marco sVd Everglades -.D.SE CO.81. VISITOR QUESTIONNAIRE Welcome to the Paradise Coast sm. Thank you for choosing this area for your visit. Please take a few minutes to complete the following questions so that we can better serve the needs of future visitors to Florida's Last Paradise sm. PLEASE REFER TO OUR PARADISE COAST BROCHURES FOR THE LOCATION OF ALL AREA ATTRACTIONS. NAME: ADDRESS: CITY ST ZIP DATE OF ARRIVAL: DATE OF DEPARTURE: WHERE ARE YOU HOTEL/RESORT FRIENDS/FAMILY CONDOMINIUM STAYING? NAME OF HOTEL AND CITY/AREA: NAME OF CONDOMINIUM/TIMESHARE: # OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY = HOW DID YOU SELECT THE HOTEL/CONDOMINIUM? INTERNET ( ) YOUR CHOICE ( ) TRAVEL AGENT ( ) OTHER: NUMBER OF MEALS YOU & YOUR GROUP WILL EAT OUT: Number of people in your party = Number of days of your visit = Number of meals eaten out each day = PLANNED AREA ACTIVITIES: (Please circle all that apply) ARTS & CULTURE WATER SPORTS NATURE von Liebig Art Center Beaches Everglades Tour Naples Museum of Art Naples Pier County Parks Sugden Theatre Shelling National Park Naples Philharmonic Fishing State Parks Art Galleries Boating Corkscrew Swamp Other Kayaking Conservancy of SW _ Other FL Lake Trafford Other SHOPPING AND DINING SIGHTSEEING Fifth Avenue South Lunch/Dinner Cruise/ Third Street South Sunset Cruise Waterside Shops City Trolley Tour Venetian Bay Everglades Tour Bayfront Segway Tour Tin City Dolphin Cruise Prime Outlets Other Other 12 FAMILY ATTRACTIONS Naples Zoo Naples Botanical Garden Fun 'n Sun Water Park Swamp Buggy Race Mini Golf King Richard's Fun Park Other RELAXATION & ENTERTAINMENT Golf Spa Shelling Seminole Casino Lounges & Clubs Music Other EXHIBIT "F" ArtsNaples World Festival, Inc. Project Budget Out of County Advertising, Marketing, Production and Related Distribution Expenses Total: 13 September 6, 2011 New Business 7-d 16 of 95 Funding — Not to Exceed 25 000 $25,000 September 6, 2011 New Business 7-d 17of95 2012 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND FRIENDS OF ROOKERY BAY, INC. THIS AGREEMENT is made and entered into this day of , 2011, by and between the Friends of Rookery Bay, Inc. a Florida not -for -profit corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds for GRANTEE'S out of county marketing expenses; and WHEREAS, The Tourist Development Council has recommended funding for GRANTEE'S out of market advertising, website enhancement and related marketing and promotion expenditures; and WHEREAS, the Collier County Board of County Commissioners has approved the funding request of the GRANTEE and the Chairman was authorized to execute the Tourism Agreement. 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 "F", the GRANTEE shall expend the funds for the promotion of GRANTEE'S marketing (hereinafter "the Project"), to include: (i) Advertising and promotional expenses in media outside of Collier County to increase the number of overnight visitors to Collier County. 1 September 6, 2011 New Business 7-d 18 of 95 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 form attached hereto as Exhibit "D" and made a part hereof, and shall submit vendor invoices, copies of credit card receipts and statements and two-sided copies of cancelled checks, on—line bill pay transaction registers or other acceptable evidence of payment, original tear sheets of print ads showing publication name and date, affidavit of broadcast dates and times, screen shots of on-line ads showing date of capture, samples of printed materials and proofs of TV ads and radio scripts to the Director of Tourism or his designee, for review and upon verification by letter from the GRANTEE that the services or work performed as described in the invoices have been completed or that the goods have been received and that all vendors have been paid. (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 "F" 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 of the Board of County Commissioners 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 F". (0 Expenditures with publications, broadcast and brochure distribution with circulation or reach outside Collier County over fifty percent (50%) of the total will be acceptable for reimbursement at full value based on a statement from the publisher, broadcaster or distributor attesting to that circulation percentage. (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. 2 September 6, 2011 New Business 7-d 19 of 95 (i) All requests for reimbursement must be received by September 30, 2012, to be eligible for payment. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in Paragraph One (1) will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2011 and September 30, 2012. (c) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY's written request to repay said funds. (d) COUNTY may request repayment of funds for a period of up to three (3) years after termination of this Agreement or any extension or renewal thereof. 4. REPORTING REQUIREMENTS: (a) GRANTEE shall provide to County a preliminary status report on the form attached hereto as Exhibit "A" within thirty (30) days of the effective date of the agreement. (b) GRANTEE shall provide to County a calendar quarter interim status report on the form attached hereto as Exhibit "B" whether or not a Request for Funds is submitted. (c) GRANTEE shall provide to County a final status report on the form attached hereto as Exhibit "C" no later than October 15, 2012. (d) Each report shall identify the amount spent, the duties performed, the services provided, economic impact generated by the GRANTEE and the goods delivered since the previous reporting period. (e) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. (f) COUNTY may withhold any interim or final payments for failure of GRANTEE to provide the interim status report or final status report until the County receives the interim status report or final status report or other report acceptable to the Tourism Director. KI September 6, 2011 New Business 7-d 20 of 95 (g) GRANTEE shall request that visitors to Rookery Bay complete the visitor questionnaire attached to this Agreement as Exhibit "E". All completed visitor questionnaires shall be maintained in accordance with Paragraph Thirteen (13) of this Agreement. 5. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph One (1). (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. (c) GRANTEE agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 6. 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. 7. 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: Bruce Robertson, Board President Friends of Rookery Bay 300 Tower Road Naples, Florida 34113 4 September 6, 2011 New Business 7-d 21 of 95 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: Jack Wert, Tourism Director Collier County Tourism Department 2800 N. Horseshoe Drive Naples, Florida 34104 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. 8. 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. 9. 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. 10. 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. 11. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records. All revenue related to the Agreement must be recorded, and all expenditures must be incurred within the term of this Agreement. 5 September 6, 2011 New Business 7-d 22 of 95 12. 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. 13. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement for a period of three (3) years. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any transactions related to this Agreement. 14, 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. 15. TERM: This Agreement shall become effective on October 1, 2011 and shall remain effective for one year until September 30, 2012. 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 year term in order to complete the Project must be at the express consent of the Collier County Board of County Commissioners. 16. 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. 17. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, 0 September 6, 2011 New Business 7-d 23 of 95 providing a written report to the Tourism Director or his designee, along with a final budget analysis by October 15, 2012. 18. REQUIRED NOTATION: All promotional literature and all print, broadcast and on-line media advertising must prominently list Collier County and the Tourist Development Council as a source of funds to read "A cooperative effort funded by the Collier County Tourist Development Tax" and/or display the CVB logo and website address www.paradisecoast.coin 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 warranted. 7 September 6, 2011 New Business 7-d 24 of 95 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: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency Colleen M. Greene Assistant County Attorney WITNESSES: (1) Printed/Typed Name (2) Printed/Typed Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, Chairman GRANTEE: FRIENDS OF ROOKERY BAY, INC. I:• Printed/Typed Name Printed/Typed Title H. September 6, 2011 New Business 7-d 25 of 95 EXHIBIT "A" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Preliminary Status Report TITLE: FAX: On an attached sheet, answer the following questions and attach it to your application. PRELIMINARY INFORMATION: Is this a first time project? If not, please give details of past projects. Do you anticipate using area hotels in support of your project? If so, what are the estimated hotel room nights generated by project? What is the estimated revenue generated by this project? What is the estimated number of participants expected to visit the project? If project planning is in progress, what has been done, what remains to be done, and are there any problems? If the project planning has not been started, why? 4 September 6, 2011 New Business 7-d 26 of 95 List any planned out -of -county advertising, marketing, and/or public relations that will be used in support of the project. EXHIBIT "B" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Interim Status Report TITLE: FAX: On an attached sheet, answer the following questions to identifv the status of the project. Submit this report at least quarterly. INTERIM — These questions will identify the current status of the project. After the TDC staff reviews this Interim Status Report, if they feel you are behind schedule on the planning stages, they will make recommendations to help get the project stay on schedule. Has the planning of this project started? At what point are you at with the planning stage for this project? (Percent of completion) Will any hotels/motels be utilized to support this project? If so, how many hotel room nights will be utilized? What is the total dollar amount to date of matching contributions? What is the status of the advertising and promotion for this project? lut September 6, 2011 New Business 7-d 27 of 95 Have your submitted any advertisements or printed pieces to the TDC staff for approval? Please supply a sample and indicate the ad schedule. How has the public interest for this project been up to this point? 11 September 6, 2011 New Business 7-d 28 of 95 EXHIBIT "C" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Final Status Report TITLE: FAX: On an attached sheet, answer the following questions for each element in your scope of work. Final — These questions should be answered for your final status report. Was this a first time project? If not, how many times has this event taken place? What hotels/motels were utilized to support the project and how many? What is the total direct economic impact and revenue generated from this event? Total expenses, (Have all vendors been paid?) List the vendors that have been paid, if not, what invoices are still outstanding and why? What is the number of participants that visited the project? What is the percentage of the total participants from out of Collier County? What problems occurred if any during the project event? List any out -of -county- advertising, marketing, and/or public relations that was used to support the project and attach samples. How could the project been improved or expanded? 12 September 6, 2011 New Business 7-d 29 of 95 EXHIBIT "D" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAM ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE ( ) REQUEST PERIOD FROM ( ) INTERIM REPORT ( ) FINAL REPORT TOTAL CONTRACT AMOUNT $ TOTALS TO EXPENSE BUDGET REIMBURSEMENT REQUESTED REQUEST # NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Copies of paid invoices, cancelled checks, tear sheets, printed samples or other backup information to substantiate payment must accompany request for funds. The following will not be accepted for payments: statements in place of invoices; checks or invoices not dated; tear sheets without date, company or organizations name. A tear sheet is required for each ad for each day or month of publication. A proof of an ad will not be accepted. Each additional request for payment subsequent to the first request, Grantee is required to submit verification in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. If project budget has specific categories with set dollar limits, the Grantee is required to include a spreadsheet to show which category each invoice is being paid from and total of category before payment can be made to Grantee. Organizations receiving funding should take into consideration that it will take a maximum of 45 days for the County to process a check. Furnishing false information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on our official accounting system and records, consistently applied and maintained and that the cost shown have been made for the purpose of and in accordance with, the terms of the contract. The funds requested are for reimbursement of actual cost made during this time period. SIGNATURE TITLE 13 September 6, 2011 New Business 7-d 30 of 95 EXHIBIT "E" Naples Marco Island Everglades P...OISE GOASr VISITOR QUESTIONNAIRE Welcome to the Paradise Coast Im. Thank you for choosing this area for your visit. Please take a few minutes to complete the following questions so that we can better serve the needs of future visitors to Florida's Last Paradise SM. PLEASE REFER TO OUR PARADISE COAST BROCHURES FOR THE LOCATION OF ALL AREA ATTRACTIONS. NAME: ADDRESS: CITY ST ZIP DATE OF ARRIVAL: DATE OF DEPARTURE: WHERE ARE YOU HOTEL/RESORT FRIENDS/FAMILY CONDOMINIUM STAYING? NAME OF HOTEL AND CITY/AREA: NAME OF CONDOMINIUM/TIMESHARE: # OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY = HOW DID YOU SELECT THE HOTEL/CONDOMINIUM? INTERNET ( ) YOUR CHOICE ( ) TRAVEL AGENT ( ) OTHER: NUMBER OF MEALS YOU & YOUR GROUP WILL EAT OUT: Number of people in your party = Number of days of your visit = Number of meals eaten out each day = PLANNED AREA ACTIVITIES: (Please circle all that apply) ARTS & CULTURE WATER SPORTS NATURE FAMILY ATTRACTIONS von Liebig Art Center Beaches Everglades Tour Naples Zoo Naples Museum of Art Naples Pier County Parks Naples Botanical Garden Sugden Theatre Shelling National Park Fun'n Sun Water Park Naples Philharmonic Fishing State Parks Swamp Buggy Race Art Galleries Boating Corkscrew Swamp Mini Golf Other Kayaking Conservancy of SW FL King Richard's Fun Park Other Lake Trafford Other Other SHOPPING AND DINING SIGHTSEEING RELAXATION & Fifth Avenue South Lunch/Dinner Cruise/ ENTERTAINMENT Third Street South Sunset Cruise Golf Waterside Shops City Trolley Tour Spa Venetian Bay Everglades Tour Shelling Bayfront Segway Tour Seminole Casino Tin City Dolphin Cruise Lounges & Clubs Prime Outlets Other Music Other Other 14 September 6, 2011 New Business 7-d 31 of 95 EXHIBIT "F" Friends of Rookery Bay Project Budget FY 12 Grant Funded Projects: • Video & PSA production • Media advertising and production in out of Collier County print, broadcast and on-line media • Tourism Industry Association memberships • Website enhancements • Direct mail and e-marketing production & distribution Total Project Budget not to exceed 15 September 6, 2011 New Business 7-d 32 of 95 2012 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE GOLISANO CHILDREN'S MUSEUM OF NAPLES, INC. THIS AGREEMENT, is made and entered into this day of , 2011, by and between the Golisano Children's Museum of Naples, Inc., a Florida not -for -profit corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Collier County Tourism Ordinance provides that certain of the revenues generated by the Tourist Development Tax are to be allocated to acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote museums owned and operated by not -for -profit organizations and open to the public; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds for GRANTEE'S out of county marketing expenses; and WHEREAS, the Tourist Development Council has recommended funding for the GRANTEE'S out of market advertising and related marketing and promotion expenditures; and WHEREAS, the Board of County Commissioners has made a finding that GRANTEE qualifies as a museum; and WHEREAS, the Collier County Board of County Commissioners has approved the funding request of the GRANTEE and the Chairman was authorized to execute the Tourism Agreement. 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 "F", the GRANTEE shall expend the funds for the promotion of GRANTEE'S events and exhibits (hereinafter "the Project"), to include: September 6, 2011 New Business 7-d 33 of 95 (i) Advertising and promotional expenses in media and promotional literature outside of Collier County to increase the number of overnight visitors to Collier County. 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of One Hundred Thousand Dollars ($100,000). GRANTEE shall be paid in accordance with the fiscal procedures of the County for the expenditures incurred as described in Paragraph One (1) herein upon submittal of a Request for Funds on the form attached hereto as Exhibit "D" and made a part hereof, and shall submit vendor invoices, copies of credit card receipts and statements and two- sided copies of cancelled checks, on-line bill pay transaction registers or other acceptable evidence of payment. Original tear sheets of print ads showing publication name and date, affidavit of broadcast dates and times, screen shots of on-line ads showing date of capture, samples of printed materials and proofs of TV ads and radio scripts to the Tourism Director, or his designee, for review and upon verification by letter from the GRANTEE that the services or work performed as described in the invoice have been completed or that the goods have been received and that all vendors have been paid. (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 "F" 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 of the Board of County Commissioners 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 F". (f) Expenditures with publications, broadcast and brochure distribution with circulation or reach outside Collier County over fifty percent (50%) of the total will be acceptable for reimbursement at full value based on a statement from the publisher, broadcaster or distributor attesting to that circulation percentage. September 6, 2011 New Business 7-d 34 of 95 (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, 2012 to be eligible for payment. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in Paragraph One (1) will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2011 and September 30, 2012. (c) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY's written request to repay said funds. (d) COUNTY may request repayment of funds for a period of up to three (3) years after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming the Collier County Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY — Statutory (c) The Certificate of Insurance must be delivered to the Tourism Director or his designee with copies of the Agreement executed by GRANTEE. The GRANTEE shall not September 6, 2011 New Business 7-d 35 of 95 commence promotional or advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY and the Agreement is fully executed. 5. REPORTING REQUIREMENTS: (a) GRANTEE shall provide to County a preliminary status report on the form attached hereto as Exhibit "A" within thirty (30) days of the effective date of the agreement. (b) GRANTEE shall provide to County a calendar quarter interim status report on the form attached hereto as Exhibit "B" whether or not a Request for Funds is submitted. (c) GRANTEE shall provide to County a final status report on the form attached hereto as Exhibit "C" no later than October 15, 2012. (d) Each report shall identify the amount spent, the duties performed, the services provided, economic impact generated by the GRANTEE and the goods delivered since the previous reporting period. (e) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. (f) COUNTY may withhold any interim or final payments for failure of GRANTEE to provide the interim status report or final status report until the County receives the interim status report or final status report or other report acceptable to the Tourism Director. (g) GRANTEE shall request that visitors to the the Golisano Children's Museum of Naples complete the visitor questionnaire attached to this Agreement as Exhibit "E". All completed visitor questionnaires shall be maintained in accordance with Paragraph Thirteen (13) of this Agreement. 6. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph One (1). (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. September 6, 2011 New Business 7-d 36 of 95 (c) GRANTEE agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION: 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: Joe Cox, Executive Director Golisano Children's Museum of Naples, Inc. P.O. Box 2423 Naples, Florida 34106 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: Jack Wert, Tourism Director Collier County Tourism Department 2800 N. Horseshoe Drive Naples, Florida 34104 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. September 6, 2011 New Business 7-d 37 of 95 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: GRANTEE is required to maintain complete and accurate accounting records. All revenue related to the Agreement must be recorded, and all expenditures must be incurred within the term of this Agreement 13. AVAILABILITY OF FUNDS: This agreement is subject to the availability of Tourist Development Tax revenues. If for any reason tourist tax funds are not available to fund all or part of this agreement, the COUNTY may upon written notice, at any time during the term of this agreement, and at its sole discretion, reduce or eliminate funding under this agreement. 14. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement for a period of three (3) years. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, September 6, 2011 New Business 7-d 38 of 95 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, 2011 and shall remain effective for one year until September 30, 2012. 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. 17. 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 90 days. 18. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Tourism Director or his designee, along with a final budget analysis by October 15, 2012. 19. REQUIRED NOTATION: All promotional literature and all print, broadcast and on-line media advertising must prominently list Collier County and the Tourist Development Council as a source of funds to read "A cooperative effort funded by the Collier County Tourist Development Tax" and/or display the CVB logo and website address www.paradisecoast.com to qualify for reimbursement. 20. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. September 6, 2011 New Business 7-d 39 of 95 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: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency Assistant County Attorney WITNESSES: Printed/Typed Name (2) Printed/Typed Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA I: FRED W. COYLE, Chairman GRANTEE: GOLISANO CHILDREN'S MUSEUM OF NAPLES, INC. Printed/Typed Name Printed/Typed Title September 6, 2011 New Business 7-d 40 of 95 EXHIBIT "A" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Preliminary Status Report TITLE: FAX: On an attached sheet, answer the following questions and attach it to your application PRELIMINARY INFORMATION: Is this a first time project? If not, please give details of past projects. Do you anticipate using area hotels in support of your project? If so, what are the estimated hotel room nights generated by project? What is the estimated revenue generated by this project? What is the estimated number of participants expected to visit the project? If project planning is in progress, what has been done, what remains to be done, and are there any problems? If the project planning has not been started, why? September 6, 2011 New Business 7-d 41 of 95 List any planned out -of -county advertising, marketing, and/or public relations that will be used in support of the project. EXHIBIT "B" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: Interim Status Report TITLE: PHONE: FAX: On an attached sheet, answer the following questions to identify the status of the project Submit this report at least quarterly, INTERIM — These questions will identify the current status of the project. After the TDC staff reviews this Interim Status Report, if they feel you are behind schedule on the planning stages, they will make recommendations to help get the project stay on schedule. Has the planning of this project started? At what point are you at with the planning stage for this project? (Percent of completion) Will any hotels/motels be utilized to support this project? If so, how many hotel room nights will be utilized? What is the total dollar amount to date of matching contributions? What is the status of the advertising and promotion for this project? September 6, 2011 New Business 7-d 42 of 95 Have your submitted any advertisements or printed pieces to the TDC staff for approval? Please supply a sample and indicate the ad schedule. How has the public interest for this project been up to this point? September 6, 2011 New Business 7-d 43 of 95 EXHIBIT "C" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Final Status Report TITLE: FAX: On an attached sheet answer the following questions for each element in your scope of work. Final —These questions should be answered for your final status report. Was this a first time project? If not, how many times has this event taken place? What hotels/motels were utilized to support the project and how many? What is the total economic impact and revenue generated for this event? Total expenses. (Have all vendors been paid?) List the vendors that have been paid, if not, what invoices are still outstanding and why? What is the number of participants that visited the project? What is the percentage of the total participants from out of Collier County? What problems occurred if any during the project event? List any out -of -county- advertising, marketing, and/or public relations that was used to support the project and attach samples. How could the project been improved or expanded? September 6, 2011 New Business 7-d 44 of 95 EXHIBIT "D" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE ( ) REQUEST PERIOD FROM TO ( ) INTERIM REPORT ( ) FINAL REPORT TOTAL CONTRACT AMOUNT $ EXPENSE BUDGET REIMBURSEMENT REQUESTED TOTALS REQUEST #, NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Copies of paid invoices, cancelled checks, tear sheets, printed samples or other backup information to substantiate payment must accompany request for funds. The following will not be accepted for payments: statements in place of invoices; checks or invoices not dated; tear sheets without date, company or organizations name. A tear sheet is required for each ad for each day or month of publication. A proof of an ad will not be accepted. Each additional request for payment subsequent to the first request, Grantee is required to submit verification in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. If project budget has specific categories with set dollar limits, the Grantee is required to include a spreadsheet to show which category each invoice is being paid from and total of category before payment can be made to Grantee. Organizations receiving funding should take into consideration that it will take a maximum of 45 days for the County to process a check. Furnishing false information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on our official accounting system and records, consistently applied and maintained and that the cost shown have been made for the purpose of and in accordance with, the terms of the contract. The funds requested are for reimbursement of actual cost made during this time period. SIGNATURE TITLE September 6, 2011 New Business 7-d 45 of 95 EXHIBIT "E" Naples Marco Island Everglades PARADI&E 4QA6T VISITOR QUESTIONNAIRE Welcome to the Paradise Coast sm. Thank you for choosing this area for your visit. Please take a few minutes to complete the following questions so that we can better serve the needs of future visitors to Florida's Last Paradise sm. PLEASE REFER TO OUR PARADISE COAST BROCHURES FOR THE LOCATION OF ALL AREA ATTRACTIONS. NAME: ADDRESS: CITY ST ZIP DATE OF ARRIVAL: DATE OF DEPARTURE: WHERE ARE YOU HOTEL/RESORT FRIENDS/FAMILY CONDOMINIUM STAYING? NAME OF HOTEL AND CITY/AREA: NAME OF CONDOMINIUM/TIMESHARE: # OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY = HOW DID YOU SELECT THE HOTEL/CONDOMINIUM? INTERNET ( ) YOUR CHOICE ( ) TRAVEL AGENT ( ) OTHER: NUMBER OF MEALS YOU & YOUR GROUP WILL EAT OUT: Number of people in your party = Number of days of your visit = Number of meals eaten out each day = PLANNED AREA ACTIVITIES: (Please circle all that apply) ARTS & CULTURE WATER SPORTS NATURE FAMILY ATTRACTIONS von Liebig Art Center Beaches Everglades Tour Naples Zoo Naples Museum of Art Naples Pier County Parks Naples Botanical Garden Sugden Theatre Shelling National Park Fun'n Sun Water Park Naples Philharmonic Fishing State Parks Swamp Buggy Race Art Galleries Boating Corkscrew Swamp Mini Golf Other Kayaking Conservancy of SW FL King Richard's Fun Park Other Lake Trafford Other Other SHOPPING AND DINING SIGHTSEEING RELAXATION & Fifth Avenue South Lunch/Dinner Cruise/ ENTERTAINMENT Third Street South Sunset Cruise Golf Waterside Shops City Trolley Tour Spa Venetian Bay Everglades Tour Shelling Bayfront Segway Tour Seminole Casino Tin City Dolphin Cruise Lounges & Clubs Prime Outlets Other Music Other Other September 6, 2011 New Business 7-d 46 of 95 EXHIBIT "F" Golisano Children's Museum of Naples, Inc. Project Budget Funding — Not to Exceed Out of County Advertising and Marketing Expenses to include: Broadcast Campaign Print Advertising Radio Advertising Collateral Materials Total: $100,000 September 6, 2011 New Business 7-d 47 of 95 2012 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE SOUTHWEST FLORIDA HOLOCAUST MUSEUM, INC. d/b/a HOLOCAUST MUSEUM OF SOUTHWEST FLORIDA THIS AGREEMENT is made and entered into this day of , 2011, by and between the Southwest Florida Holocaust Museum, Inc. d/b/a Holocaust Museum of Southwest Florida, 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 out of county marketing expenses; and WHEREAS, the Tourist Development Council has recommended funding for GRANTEE'S out of county advertising and promotional expenditures to promote visitation to the museum; and WHEREAS, the Board of County Commissioners has made a finding that GRANTEE qualifies as a museum; and WHEREAS, the Collier County Board of County Commissioners has approved the funding request of the GRANTEE and the Chairman was authorized to execute the Tourism Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: I. SCOPE OF WORK: (a) In accordance with the authorized expenditures as set forth in the Budget, attached hereto as Exhibit "F", the GRANTEE shall expend the funds for the promotion of GRANTEE'S marketing (hereinafter "the Project"), to include: September 6, 2011 New Business 7-d 48 of 95 (i) Advertising and promotional expenses in media and promotional literature outside of Collier County to increase the number of overnight visitors to Collier County. 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Thirty Thousand Dollars ($30,000). GRANTEE shall be paid in accordance with the fiscal procedures of the County for the expenditures incurred as described in Paragraph One (1) herein upon submittal of a Request for Funds on the form attached hereto as Exhibit "D" and made a part hereof, and shall submit vendor invoices, copies of credit card receipts and statements and two-sided copies of cancelled checks, on-line bill pay transaction registers or other acceptable evidence of payment. Original tear sheets of print ads showing publication name and date, affidavit of broadcast dates and times, screenshots of on-line ads showing date of capture, samples of printed materials and proofs of TV ads and radio scripts to the Tourism Director or his designee, for review and upon verification by letter from the GRANTEE that the services or work performed as described in the invoice have been completed or that the goods have been received and that all vendors have been paid. (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 "F" 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 of the Board of County Commissioners 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 F". (f) Expenditures with publications, broadcast and brochure distribution with circulation or reach outside Collier County over fifty percent (50%) of the total will be acceptable for reimbursement at full value based on a statement from the publisher, broadcaster or distributor attesting to that circulation percentage. (g) Invoices for prepayment or for deposit on services will not be eligible for reimbursement. September 6, 2011 New Business 7-d 49 of 95 (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, 2012 to be eligible for payment. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in Paragraph One (1) will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2011 and September 30, 2012. (c) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY's written request to repay said funds. (d) COUNTY may request repayment of funds for a period of up to three (3) years after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming the Collier County Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY — Statutory (c) The Certificate of Insurance must be delivered to the Tourism Director or his designee with copies of the Agreement executed by GRANTEE. The GRANTEE shall not commence promotional or advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY and the Agreement is fully executed. September 6, 2011 New Business 7-d 50 of 95 5. REPORTING REQUIREMENTS: (a) GRANTEE shall provide to County a preliminary status report on the form attached hereto as Exhibit "A" within thirty (30) days of the effective date of the agreement. (b) GRANTEE shall provide to County a calendar quarter interim status report on the form attached hereto as Exhibit "B" whether or not a Request for Funds is submitted. (c) GRANTEE shall provide to County a final status report on the form attached hereto as Exhibit "C" no later than October 15, 2012. (d) Each report shall identify the amount spent, the duties performed, the services provided, economic impact generated by the GRANTEE and the goods delivered since the previous reporting period. (e) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. (f) COUNTY may withhold any interim or final payments for failure of GRANTEE to provide the interim status report or final status report until the County receives the interim status report or final status report or other report acceptable to the Tourism Director. (g) GRANTEE shall request that visitors to the Holocaust Museum of Southwest Florida complete the visitor questionnaire attached to this Agreement as Exhibit "E". All completed visitor questionnaires shall be maintained in accordance with Paragraph Thirteen (13) of this Agreement. 6, CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph One (1). (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. (c) GRANTEE agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. September 6, 2011 New Business 7-d 51 of 95 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: Fred Hirschovits, President Holocaust Museum of Southwest Florida 4760 Tamiami Trail North, Suite 7 Naples, Florida 34103 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: Jack Wert, Tourism Director Collier County Tourism Department 2800 N. Horseshoe Drive Naples, Florida 34104 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. September 6, 2011 New Business 7-d 52 of 95 11. TERMINATION: (a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination specifying the effective date of termination. (b) If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the termination so long as such expenses are eligible. 12. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records. All revenue related to the Agreement must be recorded, and all expenditures must be incurred within the term of this Agreement. 13. AVAILABILITY OF FUNDS: This agreement is subject to the availability of Tourist Development Tax revenues. If for any reason tourist tax funds are not available to fund all or part of this agreement, the COUNTY may upon written notice , at any time during the term of this agreement, and at its sole discretion, reduce or eliminate funding under this agreement. 14. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement for a period of three (3) years. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any transactions related to this Agreement. 15. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 16. TERM: This Agreement shall become effective on October 1, 2011 and shall remain effective for one year until September 30, 2012. If the project is not completed within the term of this agreement, all unreleased funds shall be retained by the COUNTY. Any extension of September 6, 2011 New Business 7-d 53 of 95 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. 17. 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. 18. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Tourism Director or his designee, along with a final budget analysis by October 15, 2012. 19. REQUIRED NOTATION: All promotional literature and all print, broadcast and on-line media advertising must prominently list Collier County and the Tourist Development Council as a source of funds to read "A cooperative effort funded by the Collier County Tourist Development Tax" and/or display the CVB logo and website address www.paradisecoast.com to qualify for reimbursement. 20. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. September 6, 2011 New Business 7-d 54 of 95 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: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency Colleen M. Greene Assistant County Attorney WITNESSES: Printed/Typed Name (2) Printed/Typed Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, Chairman GRANTEE: SOUTHWEST FLORIDA HOLOCAUST MUSEUM, INC. d/b/a HOLOCAUST MUSEUM OF SOUTHWEST FLORIDA mm Printed/Typed Name Printed/Typed Title September 6, 2011 New Business 7-d 55 of 95 EXHIBIT "A" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Preliminary Status Report TITLE: FAX: On an attached sheet, answer the following questions and attach it to your application PRELIMINARY INFORMATION: Is this a first time project? If not, please give details of past projects. Do you anticipate using area hotels in support of your project? If so, what are the estimated hotel room nights generated by project? What is the estimated revenue generated by this project? What is the estimated number of participants expected to visit the project? If project planning is in progress, what has been done, what remains to be done, and are there any problems? If the project planning has not been started, why? List any planned out -of -county advertising, marketing, and/or public relations that will be used in support of the project. September 6, 2011 New Business 7-d 56 of 95 EXHIBIT "B" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Interim Status Report TITLE: FAX: On an attached sheet, answer the following questions to identify the status of the project Submit this report at least quarterly, INTERIM — These questions will identify the current status of the project. After the TDC staff reviews this Interim Status Report, if they feel you are behind schedule on the planning stages, they will make recommendations to help get the project stay on schedule. Has the planning of this project started? At what point are you at with the planning stage for this project? (Percent of completion) Will any hotels/motels be utilized to support this project? If so, how many hotel room nights will be utilized? What is the total dollar amount to date of matching contributions? What is the status of the advertising and promotion for this project? Have your submitted any advertisements or printed pieces to the TDC staff for approval? Please supply a sample and indicate the ad schedule. How has the public interest for this project been up to this point? September 6, 2011 New Business 7-d 57 of 95 EXHIBIT " C" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Final Status Report TITLE: FAX: On an attached sheet, answer the following questions for each element in Your scope of work Final —These questions should be answered for your final status report. Was this a first time project? If not, how many times has this event taken place? What hotels/motels were utilized to support the project and how many? What is the total economic impact and revenue generated for this event? Total expenses. (Have all vendors been paid?) List the vendors that have been paid, if not, what invoices are still outstanding and why? What is the number of participants that visited the project? What is the percentage of the total participants from out of Collier County? What problems occurred if any during the project event? List any out -of -county- advertising, marketing, and/or public relations that was used to support the project and attach samples. How could the project been improved or expanded? September 6, 2011 New Business 7-d 58 of 95 EXHIBIT "D" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAM ORGANIZATION ADDRESS _ CONTACT PERSON TELEPHONE ( ) REQUEST PERIOD FROM TO REQUEST # ( ) INTERIM REPORT ( ) FINAL REPORT TOTAL CONTRACT AMOUNT $ EXPENSE BUDGET REIMBURSEMENT REQUESTED TOTALS NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Copies of paid invoices, cancelled checks, tear sheets, printed samples or other backup information to substantiate payment must accompany request for funds. The following will not be accepted for payments: statements in place of invoices; checks or invoices not dated; tear sheets without date, company or organizations name. A tear sheet is required for each ad for each day or month of publication. A proof of an ad will not be accepted. Each additional request for payment subsequent to the first request, Grantee is required to submit verification in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. If project budget has specific categories with set dollar limits, the Grantee is required to include a spreadsheet to show which category each invoice is being paid from and total of category before payment can be made to Grantee. Organizations receiving funding should take into consideration that it will take a maximum of 45 days for the County to process a check. Furnishing false information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on our official accounting system and records, consistently applied and maintained and that the cost shown have been made for the purpose of and in accordance with, the terms of the contract. The funds requested are for reimbursement of actual cost made during this time period. SIGNATURE TITLE September 6, 2011 New Business 7-d 59 of 95 EXHIBIT "E" Naples Marco Everglades PARADISE COAST VISITOR QUESTIONNAIRE Welcome to the Paradise Coast SM. Thank you for choosing this area for your visit. Please take a few minutes to complete the following questions so that we can better serve the needs of future visitors to Florida's Last Paradise Im. PLEASE REFER TO OUR PARADISE COAST BROCHURES FOR THE LOCATION OF ALL AREA ATTRACTIONS. NAME: ADDRESS: CITY ST ZIP DATE OF ARRIVAL: DATE OF DEPARTURE: WHERE ARE YOU HOTEL/RESORT FRIENDS/FAMILY CONDOMINIUM STAYING? NAME OF HOTEL AND CITY/AREA: NAME OF CONDOMINIUM/TIMESHARE: # OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY = HOW DID YOU SELECT THE HOTEL/CONDOMINIUM? INTERNET ( ) YOUR CHOICE ( ) TRAVEL AGENT ( ) OTHER: NUMBER OF MEALS YOU & YOUR GROUP WILL EAT OUT: Number of people in your party = Number of days of your visit = Number of meals eaten out each day = PLANNED AREA ACTIVITIES: (Please circle all that apply) ARTS & CULTURE WATER SPORTS NATURE von Liebig Art Center Beaches Everglades Tour Naples Museum of Art Naples Pier County Parks Sugden Theatre Shelling National Park Naples Philharmonic Fishing State Parks Art Galleries Boating Corkscrew Swamp Other Kayaking Conservancy of SW FL Other Lake Trafford Other SHOPPING AND DINING Fifth Avenue South Third Street South Waterside Shops Venetian Bay Bayfront Tin City Prime Outlets Other SIGHTSEEING Lunch/Dinner Cruise/ Sunset Cruise City Trolley Tour Everglades Tour Segway Tour Dolphin Cruise Other FAMILY ATTRACTIONS Naples Zoo Naples Botanical Garden Fun'n Sun Water Park Swamp Buggy Race Mini Golf King Richard's Fun Park Other RELAXATION & ENTERTAINMENT Golf Spa Shelling Seminole Casino Lounges & Clubs Music Other September 6, 2011 New Business 7-d 60 of 95 EXHIBIT "F" Holocaust Museum of Southwest Florida Project Budget Funding — Not to Exceed Out of County Advertising, Production and Marketing Expenses to include: Television, Radio, Print, On -Line, Tourism Industry Association Memberships, Website Updates Total: $30,000 September 6, 2011 New Business 7-d 61 of 95 2012 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES ART ASSOCIATION, INC. THIS AGREEMENT is made and entered into this day of , 2011, by and between Naples Art Association, Inc. a Florida not - for -profit corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Collier County Tourism Ordinance provides that certain of the revenues generated by the Tourist Development Tax are to be allocated to acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote museums owned and operated by not -for -profit organizations and open to the public; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds for GRANTEE'S marketing expenses to promote exhibits and festivals to attract visitors and enhance the quality of life for area residents; and WHEREAS, The Tourist Development Council has recommended funding for GRANTEE'S out of market advertising expenditures for the promotion of major shoulder and summer season upcoming exhibitions, festivals and special events to attract visitors; and WHEREAS, the Board of County Commissioners has made a finding that GRANTEE qualifies as a museum; and WHEREAS, The Collier County Board of County Commissioners has approved the funding request of the GRANTEE and the Chairman was authorized to execute the Tourism Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1 September 6, 2011 New Business 7-d 62 of 95 1. SCOPE OF WORK: (a) In accordance with the authorized expenditures as set forth in the Budget, attached hereto as Exhibit "F", the GRANTEE shall expend the funds for the promotion of GRANTEE'S marketing (hereinafter "the Project"), to include: (i) Advertising and promotional expenses in media outside of Collier County to increase the number of overnight visitors to Collier County. 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Thirty -Five Thousand and No Hundred Dollars ($35,000). GRANTEE shall be paid in accordance with the fiscal procedures of the County for the expenditures incurred as described in Paragraph One (1) herein upon submittal of a Request for Funds on the form attached hereto as Exhibit "D" and made a part hereof, and shall submit vendor invoices, copies of credit card receipts and statements and two-sided copies of cancelled checks, on-line bill pay transaction registers or other acceptable evidence of payment and performance. Original tear sheets of print ads showing publication name and date, affidavit of broadcast dates and times, screen shots of on-line ads showing date of capture, samples of printed materials and proofs of TV ads and radio scripts to the Tourism Director, or his designee, for review and upon verification by letter from the GRANTEE that the services or work performed as described in the invoice have been completed or that the goods have been received and that all vendors have been paid. (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 "F" 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 of the Board of County Commissioners 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 F". K September 6, 2011 New Business 7-d 63 of 95 (f) Expenditures with publications, broadcast and brochure distribution with circulation or reach outside Collier County over fifty percent (50%) of the total will be acceptable for reimbursement at full value based on a statement from the publisher, broadcaster or distributor attesting to that circulation percentage. (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, 2012 to be eligible for payment. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in Paragraph One (1) will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2011 and September 30, 2012. (c) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY's written request to repay said funds. (d) COUNTY may request repayment of funds for a period of up to three (3) years after termination of this Agreement or any extension or renewal thereof. 4. REPORTING REQUIREMENTS: (a) GRANTEE shall provide to County a preliminary status report on the form attached hereto as Exhibit "A" within thirty (30) days of the effective date of the agreement. (b) GRANTEE shall provide to County a calendar quarter interim status report on the form attached hereto as Exhibit "B" whether or not a Request for Funds is submitted. (c) GRANTEE shall provide to County a final status report on the form attached hereto as Exhibit "C" no later than October 15, 2011. 3 September 6, 2011 New Business 7-d 64 of 95 (d) Each report shall identify the amount spent, the duties performed, the services provided, economic impact generated by the GRANTEE and the goods delivered since the previous reporting period. (e) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. (0 COUNTY may withhold any interim or final payments for failure of GRANTEE to provide the interim status report or final status report until the County receives the interim status report or final status report or other report acceptable to the Tourism Director. (g) GRANTEE shall request that visitors to The von Liebig Art Center complete the visitor questionnaire attached to this Agreement as Exhibit "E". All completed visitor questionnaires shall be maintained in accordance with Section 13 of this Agreement. 5. CHOICE OF VENDORS AND FAIR DEAL (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph One (1). (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. (c) GRANTEE agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 6. 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. 4 September 6, 2011 New Business 7-d 65 of 95 7. 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: Joel Kessler, Executive Director/CEO The von Liebig Art Center 585 Park Street Naples, Florida 34102 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: Jack Wert, Tourism Director Collier County Tourism Department 2800 N. Horseshoe Drive Naples, Florida 34104 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. 8. 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. 9. 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. 10. 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 5 September 6, 2011 New Business 7-d 66 of 95 subcontractors and vendors, up to the effective date of the termination so long as such expenses are eligible. It. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records. All revenue related to the Agreement must be recorded, and all expenditures must be incurred within the term of this Agreement. 12. 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. 13. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement for a period of three (3) years. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any transactions related to this Agreement. 14. 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. 15. TERM: This Agreement shall become effective on October 1, 2011 and shall remain effective for one year until September 30, 2012. 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. l.1 September 6, 2011 New Business 7-d 67 of 95 16. 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. 17. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Tourism Director or his designee, along with a final budget analysis by October 15, 2012. 18. REQUIRED NOTATION: All promotional literature and all print, broadcast and on-line media advertising must prominently list Collier County and the Tourist Development Council as a source of funds to read "A cooperative effort funded by the Collier Couty Tourist Development Tax"; and/or display the CVB logo and website address www.paradisecoast.com 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 warranted. 7 September 6, 2011 New Business 7-d 68 of 95 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: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency Colleen M. Greene Assistant County Attorney WITNESSES: Printed/Typed Name (2) Printed/Typed Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, Chairman GRANTEE: NAPLES ART ASSOCIATION, INC. NVA Printed/Typed Name Printed/Typed Title H. September 6, 2011 New Business 7-d 69 of 95 EXHIBIT "A" Collier County Tourist Development Council Preliminary Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: On an attached sheet, answer the following questions and attach it to your application. PRELIMINARY INFORMATION: Is this a first time project? If not, please give details of past projects. Do you anticipate using area hotels in support of your project? If so, what are the estimated hotel room nights generated by project? What is the estimated revenue generated by this project? What is the estimated number of participants expected to visit the project? If project planning is in progress, what has been done, what remains to be done, and are there any problems? If the project planning has not been started, why? List any planned out -of -county advertising, marketing, and/or public relations that will be used in support of the project. 0 September 6, 2011 New Business 7-d 70 of 95 EXHIBIT "B" Collier County Tourist Development Council Interim Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: On an attached sheet, answer the following questions to identify the status of the project. Submit this report at least quarterly. INTERIM — These questions will identify the current status of the project. After the TDC staff reviews this Interim Status Report, if they feel you are behind schedule on the planning stages, they will make recommendations to help get the project stay on schedule. Has the planning of this project started? At what point are you at with the planning stage for this project? (Percent of completion) Will any hotels/motels be utilized to support this project? If so, how many hotel room nights will be utilized? What is the total dollar amount to date of matching contributions? What is the status of the advertising and promotion for this project? Have your submitted any advertisements or printed pieces to the TDC staff for approval? Please supply a sample and indicate the ad schedule. How has the public interest for this project been up to this point? 10 September 6, 2011 New Business 7-d 71 of 95 EXHIBIT "C" Collier County Tourist Development Council Final Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: On an attached sheet, answer the following questions for each element in your scope of work. Final — These questions should be answered for your final status report. Was this a first time project? If not, how many times has this event taken place? What hotels/motels were utilized to support the project and how many? What is the total direct economic impact and revenue generated from this event? Total expenses. (Have all vendors been paid?) List the vendors that have been paid, if not, what invoices are still outstanding and why? What is the number of participants that visited the project? What is the percentage of the total participants from out of Collier County? What problems occurred if any during the project event? List any out -of -county- advertising, marketing, and/or public relations that was used to support the project and attach samples. How could the project been improved or expanded? 11 September 6, 2011 New Business 7-d 72 of 95 EXHIBIT "D" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAM ORGANIZATION ADDRESS CONTACT PERSON REQUEST PERIOD ( ) INTERIM REPORT TOTAL CONTRACT AMOUNT $ EXPENSE TELEPHONE ( ) FROM ( ) FINAL REPORT BUDGET REIMBURSEMENT REQUESTED REQUEST # NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Copies of paid invoices, cancelled checks, tear sheets, printed samples or other backup information to substantiate payment must accompany request for funds. The following will not be accepted for payments: statements in place of invoices; checks or invoices not dated; tear sheets without date, company or organizations name. A tear sheet is required for each ad for each day or month of publication. A proof of an ad will not be accepted. Each additional request for payment subsequent to the first request, Grantee is required to submit verification in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. If project budget has specific categories with set dollar limits, the Grantee is required to include a spreadsheet to show which category each invoice is being paid from and total of category before payment can be made to Grantee. Organizations receiving funding should take into consideration that it will take a maximum of 45 days for the County to process a check. Furnishing false information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on our official accounting system and records, consistently applied and maintained and that the cost shown have been made for the purpose of and in accordance with, the terms of the contract. The funds requested are for reimbursement of actual cost made during this time period. SIGNATURE 12 TITLE September 6, 2011 New Business 7-d 73 of 95 EXHIBIT "E" Naples Marco Island Everglades PA-015E {.OAST VISITOR QUESTIONNAIRE Welcome to the Paradise Coast Im. Thank you for choosing this area for your visit. Please take a few minutes to complete the following questions so that we can better serve the needs of future visitors to Florida's Last Paradise S"I. PLEASE REFER TO OUR PARADISE COAST BROCHURES FOR THE LOCATION OF ALL AREA ATTRACTIONS. NAME: ADDRESS: CITY ST ZIP DATE OF ARRIVAL: DATE OF DEPARTURE: WHERE ARE YOU HOTEL/RESORT FRIENDS/FAMILY CONDOMINIUM STAYING? NAME OF HOTEL AND CITY/AREA: NAME OF CONDOMINIUM/TIMESHARE: # OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY = HOW DID YOU SELECT THE HOTEL/CONDOMINIUM? INTERNET ( ) YOUR CHOICE ( ) TRAVEL AGENT ( ) OTHER: NUMBER OF MEALS YOU & YOUR GROUP WILL EAT OUT: Number of people in your party = Number of days of your visit = Number of meals eaten out each day = PLANNED AREA ACTIVITIES: (Please circle all that apply) ARTS & CULTURE WATER SPORTS NATURE von Liebig Art Center Beaches Everglades Tour Naples Museum of Art Naples Pier County Parks Sugden Theatre Shelling National Park Naples Philharmonic Fishing State Parks Art Galleries Boating Corkscrew Swamp Other Kayaking Conservancy of SW FL Other Lake Trafford Other SHOPPING AND DINING Fifth Avenue South Third Street South Waterside Shops Venetian Bay Bayfront Tin City Prime Outlets Other SIGHTSEEING Lunch/Dinner Cruise/ Sunset Cruise City Trolley Tour Everglades Tour Segway Tour Dolphin Cruise Other 13 FAMILY ATTRACTIONS Naples Zoo Naples Botanical Garden Fun'n Sun Water Park Swamp Buggy Race Mini Golf King Richard's Fun Park Other RELAXATION & ENTERTAINMENT Golf Spa Shelling Seminole Casino Lounges & Clubs Music Other September 6, 2011 New Business 7-d 74 of 95 EXHIBIT "F" The von Liebig Art Center Project Budget Out of County Advertising and Marketing Expenses to include: Major Festival and Event Advertising, Print and Mailings Total Funding — Not to Exceed: $35,000 14 September 6, 2011 New Business 7-d 75 of 95 2012 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES BOTANICAL GARDEN, INC. THIS AGREEMENT, is made and entered into this day of , 2011, 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 out of county marketing expenses; and WHEREAS, The Tourist Development Council has recommended funding for GRANTEE'S out of market advertising and on-line marketing and social media expenditures in drive markets ; and WHEREAS, the Board of County Commissioners has made a finding that GRANTEE qualifies as a museum; and WHEREAS, The Collier County Board of County Commissioners has approved the funding request of the GRANTEE and the Chairman was authorized to execute the Tourism Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1 September 6, 2011 New Business 7-d 76 of 95 1. SCOPE OF WORK: (a) In accordance with the authorized expenditures as set forth in the Budget, attached hereto as Exhibit "F", the GRANTEE shall expend the funds for the promotion of GRANTEE'S marketing (hereinafter "the Project"), to include: (i) Advertising and promotional expenses in media and literature distribution outside of Collier County to increase the number of overnight visitors to Collier County. 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 form attached hereto as Exhibit "D" and made a part hereof, and shall submit vendor invoices, copies of credit card receipts and statements and two- sided copies of cancelled checks on—line bill pay transaction registers or other acceptable evidence of payment and performance, original tear sheets of print ads showing publication name and date, affidavit of broadcast dates and times, screen shots of on-line ads showing date of capture, samples of printed materials and proofs of TV ads and radio scripts to the Tourism Director, or his designee, for review and upon verification by letter from the GRANTEE that the services or work performed as described in the invoice have been completed or that the goods have been received and that all vendors have been paid. (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 "F" 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 of the Board of County Commissioners pre -audits all payment invoices in accordance with law. (e) GRANTEE shall be paid for its actual costs, not to exceed the total amount for any line item nor the maximum amount budgeted pursuant to the attached "Exhibit F" N September 6, 2011 New Business 7-d 77 of 95 (I) Expenditures with publications, broadcast and brochure distribution with circulation or reach outside Collier County over fifty percent (50%) of the total will be acceptable for reimbursement at full value based on a statement from the publisher, broadcaster or distributor attesting to that circulation percentage. (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, 2012 to be eligible for payment. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in Paragraph One (1) will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2011 and September 30, 2012. (c) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY's written request to repay said funds. (d) COUNTY may request repayment of funds for a period of up to three (3) years after termination of this Agreement or any extension or renewal thereof. 4. REPORTING REQUIREMENTS: (a) GRANTEE shall provide to County a preliminary status report on the form attached hereto as Exhibit "A" within thirty (30) days of the effective date of the agreement. (b) GRANTEE shall provide to County a calendar quarter interim status report on the form attached hereto as Exhibit `B" whether or not a Request for Funds is submitted. . (c) GRANTEE shall provide to County a final status report on the form attached hereto as Exhibit "C" no later than October 15, 2012. 3 September 6, 2011 New Business 7-d 78 of 95 (d) Each report shall identify the amount spent, the duties performed, the services provided, economic impact generatedby the GRANTEE and the goods delivered since the previous reporting period. (e) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. (f) COUNTY may withhold any interim or final payments for failure of GRANTEE to provide the interim status report or final status report until the County receives the interim status report or final status report or other report acceptable to the Tourism Director. (g) GRANTEE shall request that visitors to the Naples Botanical Gardens complete the visitor questionnaire attached to this Agreement as Exhibit "E". All completed visitor questionnaires shall be maintained in accordance with Paragraph Thirteen (13) of this Agreement. 5. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph One (1). (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. (c) GRANTEE agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 6. 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 4 September 6, 2011 New Business 7-d 79 of 95 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. 7. 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: Brian Holley, Executive Director Naples Botanical Garden 4820 Bayshore Drive Naples, Florida 34112 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: Jack Wert, Tourism Director Collier County Tourism Department 2800 N. Horseshoe Drive Naples, Florida 34104 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. 8. 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. 9. 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. 10. 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. k, September 6, 2011 New Business 7-d 80 of 95 (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. 11. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records. All revenue related to the Agreement must be recorded, and all expenditures must be incurred within the term of this Agreement. 12. 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. 13, AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement for a period of three (3) years. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any transactions related to this Agreement. 14. 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. 15. TERM: This Agreement shall become effective on October 1, 2011 and shall remain effective for one year until September 30, 2012. 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. September 6, 2011 New Business 7-d 81 of 95 16. 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. 17. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Tourism Director, or his designee, along with a final budget analysis by October 15, 2012. 18. REQUIRED NOTATION: All promotional literature and all print, broadcast and on-line media advertising must prominently list Collier County and the Tourist Development Council as a source of funds to read "A cooperative effort funded by the Collier Couty Tourist Development Tax" and/or display the CVB logo and website address www.paradisecoast.com 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 warranted. 7 September 6, 2011 New Business 7-d 82 of 95 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: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency Colleen M. Greene Assistant County Attorney WITNESSES: (1) Printed/Typed Name (2) Printed/Typed Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, Chairman GRANTEE: NAPLES BOTANICAL GARDEN, INC. Printed/Typed Name Printed/Typed Title P September 6, 2011 New Business 7-d 83 of 95 EXHIBIT "A" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Preliminary Status Report TITLE: FAX: On an attached sheet, answer the following questions and attach it to your application PRELIMINARY INFORMATION: Is this a first time project? If not, please give details of past projects. Do you anticipate using area hotels in support of your project? If so, what are the estimated hotel room nights generated by project? What is the estimated revenue generated by this project? What is the estimated number of participants expected to visit the project? If project planning is in progress, what has been done, what remains to be done, and are there any problems? If the project planning has not been started, why? List any planned out -of -county advertising, marketing, and/or public relations that will be used in support of the project. 9 September 6, 2011 New Business 7-d 84 of 95 EXHIBIT "B" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Interim Status Report TITLE: FAX: On an attached sheet, answer the following questions to identify the status of the project Submit this report at least quarterly. INTERIM — These questions will identify the current status of the project. After the TDC staff reviews this Interim Status Report, if they feel you are behind schedule on the planning stages, they will make recommendations to help get the project stay on schedule. Has the planning of this project started? At what point are you at with the planning stage for this project? (Percent of completion) Will any hotels/motels be utilized to support this project? If so, how many hotel room nights will be utilized? What is the total dollar amount to date of matching contributions? What is the status of the advertising and promotion for this project? Have your submitted any advertisements or printed pieces to the TDC staff for approval? Please supply a sample and indicate the ad schedule. How has the public interest for this project been up to this point? 10 September 6, 2011 New Business 7-d 85 of 95 EXHIBIT "C" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Final Status Report TITLE: FAX: On an attached sheet, answer the following questions for each element in your scope of work Final — These questions should be answered for your final status report. Was this a first time project? If not, how many times has this event taken place? What hotels/motels were utilized to support the project and how many? What is the total direct economic impact and revenue generated from this event? Total expenses. (Have all vendors been paid?) List the vendors that have been paid, if not, what invoices are still outstanding and why? What is the number of participants that visited the project? What is the percentage of the total participants from out of Collier County? What problems occurred if any during the project event? List any out -of -county- advertising, marketing, and/or public relations that was used to support the project and attach samples. How could the project been improved or expanded? 11 September 6, 2011 New Business 7-d 86 of 95 EXHIBIT "D" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAM ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE ( ) REQUEST PERIOD FROM TO REQUEST # ( ) INTERIM REPORT ( ) FINAL REPORT TOTAL CONTRACT AMOUNT EXPENSE BUDGET REIMBURSEMENT REQUESTED TOTALS NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Copies of paid invoices, cancelled checks, tear sheets, printed samples or other backup information to substantiate payment must accompany request for funds. The following will not be accepted for payments: statements in place of invoices; checks or invoices not dated; tear sheets without date, company or organizations name. A tear sheet is required for each ad for each day or month of publication. A proof of an ad will not be accepted. Each additional request for payment subsequent to the first request, Grantee is required to submit verification in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. If project budget has specific categories with set dollar limits, the Grantee is required to include a spreadsheet to show which category each invoice is being paid from and total of category before payment can be made to Grantee. Organizations receiving funding should take into consideration that it will take a maximum of 45 days for the County to process a check. Furnishing false information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on our official accounting system and records, consistently applied and maintained and that the cost shown have been made for the purpose of and in accordance with, the terms of the contract. The funds requested are for reimbursement of actual cost made during this time period. SIGNATURE TITLE 12 September 6, 2011 New Business 7-d 87 of 95 EXHIBIT "E" Naples Marc: Everglades PAR Ag18E 4gA8T VISITOR QUESTIONNAIRE Welcome to the Paradise Coast Im. Thank you for choosing this area for your visit. Please take a few minutes to complete the following questions so that we can better serve the needs of future visitors to Florida's Last Paradise Im. PLEASE REFER TO OUR PARADISE COAST BROCHURES FOR THE LOCATION OF ALL AREA ATTRACTIONS. NAME: ADDRESS: CITY ST ZIP DATE OF ARRIVAL: DATE OF DEPARTURE: WHERE ARE YOU HOTEL/RESORT FRIENDS/FAMILY CONDOMINIUM STAYING? NAME OF HOTEL AND CITY/AREA: NAME OF CONDOMINIUM/TIMESHARE: # OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY = HOW DID YOU SELECT THE HOTEL/CONDOMINIUM? INTERNET ( ) YOUR CHOICE ( ) TRAVEL AGENT ( ) OTHER: NUMBER OF MEALS YOU & YOUR GROUP WILL EAT OUT: Number of people in your party = Number of days of your visit = Number of meals eaten out each day = PLANNED AREA ACTIVITIES: (Please circle all that apply) ARTS & CULTURE WATER SPORTS NATURE von Liebig Art Center Beaches Everglades Tour Naples Museum of Art Naples Pier County Parks Sugden Theatre Shelling National Park Naples Philharmonic Fishing State Parks Art Galleries Boating Corkscrew Swamp Other Kayaking Conservancy of SW FL Other Lake Trafford Other SHOPPING AND DINING Fifth Avenue South Third Street South Waterside Shops Venetian Bay Bayfront Tin City Prime Outlets Other SIGHTSEEING Lunch/Dinner Cruise/ Sunset Cruise City Trolley Tour Everglades Tour Segway Tour Dolphin Cruise Other 13 FAMILY ATTRACTIONS Naples Zoo Naples Botanical Garden Fun 'n Sun Water Park Swamp Buggy Race Mini Golf King Richard's Fun Park Other RELAXATION & ENTERTAINMENT Golf Spa Shelling Seminole Casino Lounges & Clubs Music Other EXHIBIT "F" Naples Botanical Garden Project Budget Out of County Advertising and Marketing Expenses to include: Online Marketing and Regional Advertising Total Funding — Not to Exceed: 14 September 6, 2011 New Business 7-d 88 of 95 $75,000 September 6, 2011 New Business 7-d 89 of 95 2012 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND UNITED ARTS COUNCIL OF COLLIER COUNTY, INC. THIS AGREEMENT is made and entered into this day of , 2011, by and between United Arts Council of Collier County, Inc., a Florida not -for -profit corporation, hereinafter referred to as "VENDOR" 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 Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated to promote and advertise tourism within the State of Florida, nationally and internationally which encourages tourism; and WHEREAS, VENDOR has proposed to the Tourist Development Council and the County to use Tourist Development Tax funds for community information services including the production and printing of a monthly calendar of events for arts and cultural activities; and WHEREAS, the Tourist Development Council has recommended funding for the production of a monthly arts and culture calendar; and WHEREAS, the Collier County Board of County Commissioners has approved the funding proposal of the VENDOR and the Chairman was authorized to execute the Tourism Agreement. 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 VENDOR shall produce a monthly arts and culture calendar (hereinafter "the Project"). 1 September 6, 2011 New Business 7-d 90 of 95 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Twenty -Four Thousand Dollars ($24,000). VENDOR shall be paid in accordance with fiscal procedures of the County for the expenditures incurred as described in Paragraph One (1) herein upon submittal of an invoice, and shall submit vendor invoices, copies of credit card receipts and statements and two-sided copies of cancelled checks, on—line bill pay transaction registers or other acceptable proof of payment to the Tourism Director, or his designee, for review and upon verification by letter from the VENDOR that the services or work performed as described in the invoice have been completed or that the goods have been received and that all vendors have been paid. (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 line item 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 VENDOR until the Clerk of the Board of County Commissioners pre -audits all payment invoices in accordance with law. (e) VENDOR shall be paid for its actual costs, not to exceed the maximum amount budgeted pursuant to the attached "Exhibit A". (f) All requests for reimbursement must be received prior to September 30, 2012 to be eligible for payment. (f) Invoices for prepayment or for deposit on services will not be eligible for reimbursement. (g) Services or product must be delivered and paid for by VENDOR between the effective dates of this agreement. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in Paragraph One (1) will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2011 and September 30, 2012. (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. KA September 6, 2011 New Business 7-d 91 of 95 (d) COUNTY may request repayment of funds for a period of up to three (3) years after termination of this Agreement or any extension or renewal thereof. 4. CHOICE OF VENDORS AND FAIR DEALING: (a) VENDOR may select vendors or subcontractors to provide services as described in Paragraph One (1). (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. (c) VENDOR agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 5. INDEMNIFICATION: VENDOR 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 VENDOR or anyone employed or utilized by the VENDOR 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. 6. NOTICES: All notices from the COUNTY to the VENDOR shall be in writing and deemed duly served if mailed by certified mail to the VENDOR at the following address: Elaine Hamilton, Executive Director United Arts Council of Collier County, Inc. 2335 Tamiami Trail North, #504 Naples, FL 34103-4459 3 September 6, 2011 New Business 7-d 92 of 95 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: Jack Wert, Tourism Director Collier County Tourism Department 2800 N. Horseshoe Drive Naples, Florida 34104 The VENDOR and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 7. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the VENDOR, or its vendors or subcontractors, or to constitute the VENDOR, or its vendors or subcontractors, as an agent or employee of the COUNTY. 8. COOPERATION: VENDOR 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. 9. TERMINATION: (a) The COUNTY or the VENDOR 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 VENDOR for all expenditures or contractual obligations incurred by VENDOR, with subcontractors and vendors, up to the effective date of the termination so long as such expenses are eligible. 10. GENERAL ACCOUNTING: VENDOR is required to maintain complete and accurate accounting records. All revenue related to the Agreement must be recorded, and all expenditures must be incurred within the term of this Agreement. 11. 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 4 September 6, 2011 New Business 7-d 93 of 95 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. 12. AVAILABILITY OF RECORDS: VENDOR shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement for a period of three (3) years. VENDOR agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of VENDOR involving any transactions related to this Agreement. 13. PROHIBITION OF ASSIGNMENT: VENDOR shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 14. TERM: This Agreement shall become effective on October 1, 2011 and shall remain effective for one year until September 30, 2012. 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. 15. The VENDOR 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. 16. REQUIRED NOTATION: All promotional literature must prominently list Collier County and the Tourist Development Council as a source of funds to read "A cooperative effort funded by the Collier County Tourist Development Tax" and/or display the CVB logo and website address www.paradisecoast.com to qualify for reimbursement. 17. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. 19 September 6, 2011 New Business 7-d 94 of 95 IN WITNESS WHEREOF, the VENDOR 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 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA FRED W. COYLE, Chairman Approved as to form and legal sufficiency Colleen M. Greene Assistant County Attorney WITNESSES: VENDOR: Printed/Typed Name (2) Printed/Typed Name UNITED ARTS COUNCIL OF COLLIER COUNTY Printed/Typed Name Printed/Typed Title 9 EXHIBIT "A" United Arts Council of Collier County, Inc. Project Budget Printing of calendars Data compilation, graphics, typesetting & layout Distribution (postage, mail services, delivery fees) Total Funding — Not to Exceed i7 September 6, 2011 New Business 7-d 95 of 95 $24,000 September 6, 2011 New Business 7-e 1 of 48 TDC EXECUTIVE SUMMARY Review and make recommendation to the Board of County Commissioners to approve the Fiscal Year 2012 Strategic Plan for the Naples Marco Island, Everglades Convention & Visitors Bureau (CVB) OBJECTIVE: Review the strategic plan for the destination for FY 12 commencing October 1, 2011. CONSIDERATIONS: During the year, the CVB conducts meetings with its marketing partners at bi-monthly Advisory Roundtables to gather information on marketing the destination. The CVB also sponsors an annual co-op marketing event to showcase to partners the many advertising and trade show opportunities available for the coming year. These meetings lay the groundwork for a strategic planning retreat held in July. This day -long event includes Paradise Advertising and Marketing, Inc., BCF, Public Relations, Miles Media Group, Phase V Fulfillment, Klages Research, SMT, Inc., VISIT FLORIDA, Naples and Lee County Airport Authorities, and representatives from the various Chamber organizations and cultural arts community. The data collected from all of these sources is analyzed and compiled into the long range strategic plan for the destination, and a one year marketing plan to promote the destination. The plan was presented to the Collier County Lodging and Tourism Alliance on August 31, 2011 for their input. The final plan was then assembled for TDC review on September 6, 2011. The attached pages are the Executive Summary of the full strategic plan for marketing Collier County worldwide as a tourism destination of choice in 2012. Upon final approval of the plan by the Board of County Commissioners in late September, the entire plan will be put on flash drives and made available to the Collier tourism industry. ADVISORY COMMITTEE RECOMMENDATION: The Tourist Development Council will review the FY 12 Strategic Plan for the CVB at the September 6, 2011 meeting. FISCAL IMPACT: The projected marketing budget to support this strategic plan is $2 million in projected tourist tax revenue collected monthly, including approximately $200,000 from interest earned on tourist tax revenues in FY 11. These funds are in the recommended Tourism Department budget for FY 12. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: Review and make recommendation to the Board of County Commissioners to approve the Fiscal Year 2012 Strategic Plan for the Naples Marco Island, Everglades Convention & Visitors Bureau (CVB). SUBMITTED BY: Jack Wert, Tourism Director TDC MEETING DATE: 9-6-11 September 6, 2011 STRATEGIC MARKETING PLAN zo>>-Zoiz Naples Marco Island Everglades P S T" September 6, 2011 STRATEGIC MARKETING PLAN The Strategic Plan for the Naples, Marco Island, Everglades Convention & Visitors Bureau (CVB) contains both a long range plan for the destination through 2016 and the 201 1-12 Marketing Plan. The complete plan contains the following sections. The pages that follow include a selection of these sections that will give the reader a sense of the magnitude of this plan. The complete plan will be available for download from our website and on flash drives for partners interested in using portions of the plan for their own marketing efforts. Research & Analytics • Situation Analysis • Trends Implications • Competitive Analysis Strategies • Branding Strategy • Creative Strategy • Media Strategy • Interactive Strategy Tactics • New Initiatives • International Marketing • Public Relations Plan • Sales & Tradeshow Plan • Sports Marketing Plan • Film Commission Plan • Media Plan • Co-op Opportunities • Digital & Interactive Marketing Plan • Creative Concepts • Air Service Support Plan • Promotions Plan • Arts & Culture Plan • Inquiry Response Plan • Fulfillment Plan • Emergency Plan Measuring Success • Campaign Monitoring & Metrics • Brand Guidelines, Advertising Retrospective 4 September O.2O11 FY 201 1 /201 2 MARKETING PLAN EXECUTIVE SUMMARY The effects of weak and rocky economic recovery, combined with the growth in popularity of digital and social media have led tosignificant changes in both consumer and marketer behavior. Technology has greatly empowered consumers -a||ovving them to be highly connected and well informed. They've re -calibrated their purchase behavior - demanding greater value for almost everything they consume. The initial, somewhat knee-jerk reaction to that consumer behavioral change was for marketers todiscount prices. As a destination, we are now in a good position to take a more rational, and forward -thinking approach. We need to listen towhat our customers are telling us - and be ready to adjust to market trends - using a fully -integrated communications campaign to a1tract, engage and remain top -of mind with current and prospective customers. Marketinq and Business Objecti es l. increase brand acceptance as measured by growing demand by ] 'l | 2. Increase "Signs of Intentions to Travel" on vvebsite by l96per quarter 3. Crow and maintain RO| at a rninirDurn Of $20 for each dollar of advertising invested 4. Create and execute messages designed tVincrease new visitation bv]Y6 5. Meet or exceed annual occupancy nfG2Y6 6. Increase tourist tax revenue by 596 7. Increase editorial coverage of our destination by 10y6 8. Maintain a higher Average Daily Rate than our competitive set of destinations Initial Strategic Suggestions ° The rapid pace of new communication technology has left many DK4[/s scrambling to uncover and implement the most cost-effective means to connect with visitors in ways that drive desired behavior. As such, one ofour top priorities for ZOl |/2Ol2 will be to develop more ways for visitors and potential visitors to engage with our brand during every stage of the travel buying cycle. w The idea that you need tens of thousands of Twitter followers, blog subscribers, LinkedIn connections and Facebovk friends to build our brand via social media no longer holds water. Quality connections with current and potential visitors are far more helpful to spread our message than large groups of connections who disappear after the first interaction. Quality trumps quantity. * Work with meeting planners to develop ways to engage meeting attendees by "tweeting" destination information such as restaurants during their Stay. 3 September G.2O11 * Cross -channel marketing is more critical now than ever before. We need to layer purchased, owned, earned and shared media into afuUy integrated plan. ° Develop a destination "story" to share with tourism industry partners to encourage all to tell their customers about our destination attributes in the same way. On-GoingCVI3 Initiatives: Group Meetings Market We need stronger guidelines on how to continue our DMO's support of this important market segment: • Limit trade show participation to those that provide the best R0 and partner support * Partners need to share the cost of each show, but at a reduced rate from the past. * Monthly R0| reports will need to be enhanced and incorporate some ofthe DK4A| standards to share with industry partners and the media w Re -launch "Bring Your Meetings Home" program * Enhance the Group Assistance Pr0gc3nn (CAP) and market it to avvider range of planners Sports Marketing VVecontinue tn achieve great success in this segment. Our sports marketing team has worked hard with our partners to identify new event opportunities. ° We should become more selective onthe events vveattract and concentrate even more on off- season and shoulder season events. * Decide what events w/e are best at hosting and concentrate on getting more of those *vent organizers tochoose our destination w Seek out second and third der types of events that fit our sports and meeting or event venues, both indoors and outdoors ° Continue to seek out regional partnerships for trade 5hmvv participation ° Host anegiona| NAS[orFlorida Sports Foundation meeting Arts & Culture This growing market segment has taxed our small tourism staff, and we need private sector assistance from supporters of this segment to sustain and grow its future potential. There are many activities that we could encourage. ^ Find more ways tOdistribute this information digitally. The digital guide has achieved sucress, but it is still not flexible enough for expanded listings and new features. September G.2011 ° The printed Arts & Culture guides are very expensive to produce and in the past have not received partner financial support. Consider reprinting it only with financial assistance from VISIT FLORIDA grants orpartner support * Task the Cultural Community with more [VB interaction in promoting their events and activities ° Continue to work on identifying a group transportation partner to offer organized tours of our museums and art galleries * Work with United Arts Council to increase the distribution of their printed Calendar of Events and create an enhanced digital version for wider distribution Heritage w Work with Our County owned and the non-COUnty owned museums to grow traffic to their facilities w Consider developing adigitd historical guide that o)V|d be linked to all museum vvebsites for download * Encourage partnerships with groups of museums to promote 6 D1ulti'fa[|lityt|cket including transportation. Air Service Marketing * Support Naples Airport and S.W. Florida International in attracting new domestic and International flights ° Support existing carriers with inbound fully -integrated marketing efforts * Work with Lee and Collier Counties to find ways to lower cost of ground transportation to and homRSW » Develop new ways to ensure we kOOvv if our marketing efforts are working ° Our overall research product needs tocontinue toexpand and become more robust. - Periodic reports on the direct, indirect and induced impact to our community from our tourism partners, in addition to our visitors - Calculate the tax contribution per lodging unit tnour local economy. - Calculate the tax contribution from our tourism industry infrastructure to the County - Report tourism industry employment numbers o Report the number of jobs in each segment of our tourism industry including hotels, restaurants' shopping, etc. 5 September G.2O11 Develop an easy to communicate story on how economic impact works - Example: A family travels here from Chicago and spends $4.000. Subtract the airfare and divide the net spend by the number ofpeople in the party to calculate the spend per person per trip. Multiply the number of visitors per year by that Spend figure to get our actual direct spend of visitors. Then show the multiplier effect working those visitor dollars through the community. - Identify secondary research sources such as DK Shiflett for spending amounts and Global Insights. - Develop acommunity questionnaire in partnership with the Economic Development Council and the area Chambers ofCommerce todistribute tnCollier residents and businesses toidentify what they want and need intheir community. - Implement a simple to use form to record Visitor Information Center visitor statistics including where they live and what their interests are. Use at all Collier Visitor Centers ° Social media has given visitors a large platform to voice their opinions. As such we mustn't underestimate the importance of actively monitoring the brand's reputation on the web. This can he accomplished through social media aggregators such as Radian6, Hootsuite and SpredfasL ° Media placement should continue toevolve into more digital placements, less print and even more highly targeted cable programming. Digital Strattgjgs � Continue to enhance and grow the following on Facebook and Twitter and integrate this technology into the mobile site and the {ntern8tiVna|vveb3ites. * Implement the "Naples Works" vvebsite as a portal to the Chambers and EOC vvebsites for destination information. Brand Enhancement 0 Better define our Brand Promise and communicate it to our customers and tourism industry * Determine our#1 attribute and highlight it in our promotional efforts. (Are we most famous for our beach, golf, coast|ine, water activities, nature or culture?) September 6, 2011 MISSION, VISION, VALUES Mission Statement The Mission Statement for the Naples, Marco Island, Everglades CV13 is: To promote year-round distinctive, world -class vacation and group meeting experiences, which result in positive economic growth and stability for Collier County. Vision Statement The Vision Statement for the CV13 is: To be recognized as the most desirable year-round tourism destination in the world. Values We ascribe to Collier County's Value/Guiding Principles as a department and as the official Destination Marketing Organization for Collier County. Brand Statement Our area is known as "Naples, Marco Island and the Everglades, Florida's Paradise Coast" Brand Promise The promise to our visitors is embodied in the phrase: Florida's Last Paradise. This means that once our visitors have found us, they will never need to seek another destination to escape from the stress and pressures of their everyday lives. VA September G.2011 Long Term Challenges Facing our Destination FY 2012- FY 2016 l . We are in one of the most volatile and dynamic eras in our history. Destination Marketing Organizations like ours are facing aconstantly evolving marketplace. 2. Consumer confidence has 5hoxvO some signs of improvement, but the Consumer Confidence Index continues tVlag at53.4Y4asofMarch 2011.On|y |5Y6ofAmericans think that business conditions are good, and 97%think business conditions are bad and 16% predict conditions will get worse, 3. The US Travel Association forecasts domestic person trips will increase 1.8Y6in 201l and 4.7% in 2012. Total travel expenditures are expected to grow at 5% per year through 2012. 4. The competition for funding, visitors and share of mind is constantly escalating. Nearly 50% of tourist tax dollars is targeted to attract visitors to our competing Florida destinations. 5. We must constantly predict where our potential customers will be and how best to reach them among all the clutter in the media marketplace. 6. Natural disasters such as hurricanes, red tide, oil 5pi!|6 and wildfires can discourage visitors to return toour destination. This could reduce our funding source for more aggressive advertising and promotion of our destination. 7. Recent moves by the State OyFlorida and the Federal Government to limit or eliminate the matching funds programs for beach and [06St8| renOurifhrnentVvi|| limit our ability to obtain reimbursements from these agencies. 8. Requests for non -tourism funding requests threaten tofurther reduce our promotional funds to sustain the visitation we currently enjoy. 8. Continued thinking that tourism iSJthreat tothe quality 0flife iDCollier County diverts our staff tirne and resources to fending off these distractions. 10.Honne|and Security Administration's changes to Visa Waiver Program and Passport policy changes are potential threat toour international visitor levels. As it becomes more difficult to travel to the U5, these visitors will choose other less restrictive destinations. l l.VVnrkforce issues are aconstant challenge to our tourism industry. The lack of skilled |abOr, affordable housing, public transportation and a high cost of living is a constant threat to our hotels and other private sector tourism businesses to find quality employees. September G.2O11 STRATEGIC LONG-TERM GOALS * Provide tourism industry leadership toensure the destination remains competitive * Maintain the status as the trusted source for travel information and planning services about Naples, Marco Island and the western part ofthe Everglades ° Maintain and grow the market share of Florida visitors to the Paradise Coast of Naples, Marco Island and the Everglades * Utilize the resources of the CVB to their highest and best use ° Continue to build the trust and engagement of our local and regional tourism partners w Move toward year-round destination marketing tolevel out the seasonality invisitation toour area STRATEGIC LONG-TERM OBJECTIVES w Increase engagement of our tourism partners in co-op advertising and trade show participation tO$500'000hvthe end nf28|3 w Increase the percentage of group meeting attendee visitors to 3596 by calendar year-end 2013 * Grow the return on investment of visitor spending from each dollar of advertising invested by $2each year toreach $25bythe end ofZOl4 * Grow our visitor satisfaction level to 80Y6 by the end of 2013 ^ Crow the economic impact to our community from visitor expenditures by lY6 per year * Grow the number ofannual visitors by 4% per year • Grow the number ofhotel rVVrn nights consumed by 3y6 per year EO September 8.%O11 SWOT ANALYSIS Strength s/Cor7petencies \. Tropical, relaxed and more sophisticated destination Z. Wide, white sand beaches 3. Unique. locally owned shopping and dining 4� Abundant natural attractions and resources 5� More cultural and historical assets than other communities our size 6. Year-round warm and sunny climate 7. Modern and expandable International Airport 8. High level ofpartner trust and engagement 9. Dedicated, renewable funding source lU.Accredited [VBvvith Destination Marketing Accreditation Program Weaknesses |. Relatively limited promotional budget to compete in the highly competitive tVuh5rn industry and draw significant numbers of potential and repeat visitors. 2. Higher than average airfares into Southwest Florida International (R5VV) Airport and limited direct service from major international feeder markets. ]. Limited function space toattract major meetings and groups. 4. Very Snna|| professional [VB staff which limits our ability to quickly grow visitation levels 5. Ongoing misunderstanding among some residents and elected officials ofthe importance of visitor spending iDour economy. 6. Inadequate road system to move traffic during season. 7. Limited nightlife and tourist area public transportation 10 September 8.2O11 Opportunities ). As our promotional efforts bring more visitors to the area, the incremental, surplus tourist tax revenue should be used toexpand and enhance our promotional efforts beyond traditional markets and spending levels. Z� As our[VO becomes better known in tourism sectors both domestically and internationally, the volume ofinquiries and inbound business will increase. 3. Additional air service to RSW and to Naples Airport will expand our airlift capacity and make us more accessible to ieisuoe, business and meeting visitors. 4. Increasing group -meeting business will continue to encourage hotel owners to expand and enhance current meeting and convention space. 5. Meetings and presentations to City [ound|s, civic and service clubs, County Commissioners and the media will enable us to get the correct information on the importance of tourism to our economy to those misinformed individuals. 5. Aggressive road improvement projects and W1P0 support will help traffic move more efficiently in the future. 7. Outsourcing oflabor needs will help our CV8and tourism department handle the needs Of our visitors and tourism industry partners. Threats: l. Natural disasters such as hurricanes, red tide. oil spills and wildfires can discourage visitors to return to our destination. This reduced repeat visitation can potentially lower our tourist tax funds and handicap us from doing more aggressive advertising and promotion of our destination. 2. Condominiums built on speculation are eroding occupancy in our limited service accommodations and many are not collecting the tourist development tax. ]. Recent moves by the State ofFlorida and the Federal Government to limit or eliminate the matching funds programs for beach and coastal renourishrnentvvi|! limit our ability to obtain reimbursements from these agencies. 4. Internet hotel booking practices limit our potential tourist tax revenue. 5. Homeland Security Administration's changes toVisa Waiver Program and Passport policies are a potential threat to our international visitor levels. As it becomes more difficult to travel to the U5, these visitors will choose other less restrictive countries. 6. Workforce issues are a constant challenge to our tourism industry. The lack of skilled lBbor, affordable housing, public transportation and 3 high [O5t Of living is J constant staffing threat to our hotels and other private sector tourism businesses. 11 September 8.2O11 CURRENT SITUATION ANALYSIS We've seen and experienced some remarkable challenges this past year. We were hard hit by a number offactors in 3010that could have had 6devastating impact 0Dtravel iothe area: the Gulf oil spiU, record cold ternpera1ures, volcanic ash halting flights toand from Europe and aconhnuing sluggish economy. Nevertheless, despite all of these hardships' we finished up 2010 in remarkably good shape -vvith more visitors than the previous year, higher visitor spending. higher occupancy levels and J higher RO|\han 2009. That positive trend is continuing thus far in Z011 as we continue to lead most of our competitive set with increases in occupancy, visitor spending and a much higher Average Daily Rate(A[)R). We didn't obtain these positive results through happenstance -theyarethe direct result ofthe remarkable efforts and continuing teamwork ofour tourism industry partners. But we cannot, and must not, become complacent - because we're not nut of the woods just yet. If we want to continue to succeed we need to stay ahead of our competitive set of destinations by working smarter and more effectively than ever before. Economic Outlook For 2012 The Good News: * After tightening lending standards during the financial crisis, there are now signs of stabilization -th*hrstoteptovvards less rigid lending practices and an improvement in new construction and real estate sales. ° The U.S. is also in the midst 0favery friendly financial environment, with low interest rates and rising equity prices * The U.S. had P95pe[tKh|e employment growth in recent months and a downward trend in the unemployment rate ° Consumer spending is expected tocontinue to increase, but at relatively moderate rates/ • Americans' expectations for their future travel and spending appear to be back on the rise. Nearly one third (31.6Y) of domestic leisure travelers expect to increase the number of leisure trips they will take in the coming year, up from 27.6% |ast]u|y ° Furthermore, ]9.l96ofleisure travelers said they expect to increase their travel spending in the coming year compared to 25.hY6last ]u/y.z / (3okdmanSocbs.00nn 2 Destination /\ou|yois, Inc. 12 September O.2U11 The U.S. hotel industry continues to move ahead, with these results from for{} \ 'l |: - Dennand(+6.7%) - Occupancy (+5.7%) - (ADR) (+3.l%) - (RevPAR)(+9.O%). ° Travel industry jobs have grown 38%fasier than in the rest of the economy' * Traveler sentiment is the highest since April 2007.The overall Traveler Sentiment Index (FS|)^ now stands at 95.2. up 9.2%fronn October 2010. and is now at its highest point since April 2007. (18ased on consumer attitudes towards travel based on: available time and finances, interest, uffordabiUty, safety of travel and quality of service.)' * The Luxury Consumption Index (L[|) rose 6.7%, the highest rate of growth since first quarter 2010. Nevertheless, it still remains be|Vvv its highest post -recession mark reached in January 2010.1 The Good News for Collier County: * The negative effect on visitation to the Gulf area due to the BP/Deepwater Horizon oil spill has diminished over the past six months. - In ear|yju|y 2010 one third (33.0%) of American travelers felt the spill would affect the likelihood they would travel to the Gulf Coast region in the next year. Bv]anuary Z0l l . that figure had fallen by half, to I 7.5%.c, w International visitation will increase throughout the remainder Of20l l according to European tour operators and the International press ° Lodging rates will continue to rise - albeit 5{ovv|y ° Corporate meetings will return (already up 16%nver the same time last year) ° Visitor spending will slowly rise despite fluctuating gas prices ° There will be more housing sales to visitors from Europe, Canada and the U.S. v Growing interest from filmmakers and photographers to shoot reality, nirhe. TV and film here r The Paradise [oast continues to get very high satisfaction scores -xxith over 90% either satisfied or very satisfied with their experience here - and over 90%wou|d recommend our area as8vacation and meeting destination t0friends and family. ° Well over 50Y6 of visitors are repeat visitors to Collier County' 3 Smith Travel ° Travel Horizons Survey ' Unity Marketing 6 Destination Analysis, Inc. 13 September G.2O11 Possible Threats to our Success: • Consumer confidence remains depressed. The Consumer Confidence Index improved slightly in April, rising to 85.4 up from 83.8 in K8arch, but still remains well below 90 -vvhich is generally considered necessary for ahealthy economy. * Nearly two years after the end of the "Great Recession," Gallup reports that discretionary spending remains far below the pre -economic -crisis levels. * Inflation is becoming agroxving [oncern, due to surging commodity prices. The Consumer Price Index rose 3296, atatime when average hourly earnings declined. * Elevated oil and fond prices have siphoning off disposable income that might otherwise be spent ontravel. * The higher price of fuel is affecting airfares - with domestic and International airlines introducing several new price hikes and surcharges • New taxes on travelers from the UK and Germany threaten growth in long haul travel * Florida isfacing another busy hurricane season for2Ol| with 15 named storms, nine of which may grow into hurricanes and five of which may become major, Category hurricanes. Political Factors Influencing the Travel Market: ° The Florida Senate recently passed SB-2156 with support from Governor Rick Scott. - Under the proposed legislation, VISIT FLORIDA would have been replaced by a board made up of political appointees and chaired bvGovernor Scott. This board would have moved into anew government agency called 'Jobs Florida". - Fortunately, the Florida tourism industry rallied to the challenge and influenced several I l'^ hour key changes to the bill. As a result, VISIT FLORIDA will remain a separate` private sector public/private partnership with a dedicated fund of about S35 million. * A group of lawmakers is pushing anti-irnrnigration |avv3 to [rack down on what they see as a growing problem in Florida. This same initiative had devastating effects on Arizona tourism. The New York Times reported that the negative impact on Arizona's economy ranges from $15 million to $150 million. - The Phoenix [VB reports 3 40% drop in meetings volume as a direct result of the Arizona immigration reforms. w On-line Travel Agencies (OTA's) nearly won a permanent exemption to paying the full Tourist Tax and Sales Tax owed Florida Counties On hotel room booked on line. The legislation passed the Florida House but failed in the Senate. The OTA`s will be back in the Fall of2011 with even more money and more pressure to pass this legislation. r Research Data Services, Inc. 14 September G.2O11 TRENDS & UMP UONS MAJOR TRAVEL TRENDS General Leisure Travel Trends: ° 201 l seems to be marking the end of the ^staycatinn^ with more Americans committed to taking avacatinn away from home * Leisure travelers continue to look yUrdea|s/va|ue added (free parking. VYi-Fi and breakfast) * Top domestic destinations indude, in order: Las Vegas. New York, Chicago, San Francisco, San Diego, Or|ando, HOno|u|u, New Orleans, Washington, K4ianni» * Multi -generational travel is on the rise, with more travelers including infants and toddlers in their trip planning -with all generations contributing to the recovery in travel over the next 5 years * Sources used over the last 12 months to plan leisure travel include: - User -generated reviews of hotels (27.4%) - User -generated travel r8viavv3 of destinations (20.4%) - User -generated travel itinerary or b|0g (18.2YQ - Submitted reviews, cOnlnnents, photos online (7.8%) - Destination (DK4O'5)pages onsocial media site (l4.|%) - Became 3 friend/ton of destination on social media site (8.9%) - OK80'5vvebsite(33.97Q' Upscale/Luxury Leisure Trends:. ° Luxury has become more about what you can do` rather than what you can buy r Tuday's luxury traveler is ultimately seeking a 'meaningful' travel experience - pursuing something that is authentic, reflects the local culture and is genuinely "real." ° Booking dnnrs continue to get shorter. with 4Z96ofupscale travelers booking within three months Ofdeparture * Top motives that influence travel choices include: - Seeking authentic experiences in new destinations ­ Rest and relaxation o U.S. Travel Association 9 Destination Analysis, Inc. 15 September 0.2U11 - Spending time Orreconnecting with loved ones - Personal enrichment (e.g. wo|untourisnn, cultural experience, learning, et[.) - Discovering new experiences in previously visited (0r more familiar) destinations - Seeking adventure • The most important factors when selecting vacations include: - The right destination - Value for money paid - Oncein-a-/ifehrneexperiences - Someplace or something new- never done before - The activities available - Price * As with most brands, the main objective for succeeding within the luxury market is creating long-term trusting and collaborative relationships. The richer, deeper and longer the r*|otion5hip5, the stronger the brand. - Though no brand is immune tnsevere economic downturns, Nordstrom, Lexus and Ritz -Carlton are examples of brands that prioritize relationships with customers over bricks and mortar in order to survive the shaky economic landscape." Business/Group Meeting Travel Trends: Recent Meetings Research for Collier County" ° Typical meetings range from 50 to 250 attendees ° When asked the type of venue they generally select for their meeting: - 78.5Y6a hotel - Only 9.9% select conference centers - Only 7.4%se|ect resorts 0 In terms of venue preferences of their clients, the planners stated: - 5S96prefer upscale properties � 38.8%prefer mid -scale properties 5.0% prefer luxury properties 0 Meeting destinations selected by planner over the past 3 years include: Luxury Institute I I HLcocorcb Data Services, Inc. M-1 September 6, 2011 Orlando/Disney 59.9% - Miami 43.0% Ft. Lauderdale 22.3% Tampa 22.3% West Palm 14.0% Naples/Marco Island 12.4% • Online sites viewed as critical to their planning process include: 96.7% hotel websites 65.3 CVB websites 38.0% MPI website • Preferred communications include: 80.2% email 49.6% networking/trade shows 39.9% print (mail) - 1 3.2% phone Group Meeting Trends: • Companies are responding to improved economic conditions by projecting increased business needs in every business quarter, especially the latter part of the year. Although, while meetings are increasing in quantity, they are not tending to increase in size or length of stay • "Lingering anxiety" remains over certain venues - and is expected to remain throughout 2012. Predictions for venue use over the next 12 months shows: - Hotels up 25% - Cruise ships down 1 5% - Resorts down 7% - Convention centers down 4%1' • The "Complete Meeting Package" prized for decades, has evolved into the "Flexible Meeting Package." Planners still see the value of all-inclusive packages, but want them to be customized to suit the needs and budget of their particular meeting 12 Meetings Review 17 September G.2011 v Value-added is replacing discounting in order to boost occupancy without discounting rates [ornmnVn value-added options include complimentary internetaccess. cancellation/attrition flexibihty, forgiving resort fees, etc. r Social media usage is beginning to take hold within the meeting planning industry, but is not dominating communications like it is for the general public. The exceptions to this are sites such as Linked|n and YouTube -as many groups are videotaping sessions and posting them online ° Being green remains important for many meeting planners, especially those who plan government and pharmaceutical meetings. NeveMhe|ess, cost savings take precedence over susta}nabiUty * Demand fOrteannbui|ding is on the rise, with planners looking for unique programs delivered within tight budgets ° Inquiries for entertainment options such as theme parties, comedians and think -tanks are on the rise � Companies in high -growth industries - such as insurance, finance, consulting, technology, health cane and education are corning back in strength after major retreat during 2009 - 2010 ° Planners and meeting attendees learn about locations, destinations and individual properties online - and are using new tools for research such as Wads, smart phones' VVebinars and 0 Optimism has replaced the AIG Effect with planners. 18 32% will hold more meetings in 2012 37% expect higher attendance - 35% expect cuts in Food & Beverage and offsite venue events Virtual Meetings 0 Many companies are adopting virtual events for their marketing, training and collaboration - 60% of marketers plan to increase spending on Virtual events and environments this year. � 4296ofmarketers will decrease spending on physical events this year; - 87Y6ofmarketers predict hybrid events -- part virtual, part physical --vviU represent at least half ofall events in the next five years; - 24%ofmarketers say they get "the same or better" results as a physical event for "less effort" while 19 percent get ^quanhfiab|e^ reSu|tsw 13 Benchmark Hospitality 14 Unisfair Reports im September 0.2U11 Corporate Meetings ° A result of the 2009 economic crisis is that planners now come to pricing discussions armed with superior negotiation skills and higherexpectations-taking it for granted that properties will extend significant concessions across the board to boost the value being offered against the budget. 0 The booking window for corporate meetings remains short - 30 - 45 days on average. - This is due, in part, to the fact that meeting organizers aren't certain they will have sufficient budgets until relatively close t0the event - Another reason for this tight window is that buyers believe they can obtain |nvver rates with shorter notice (K4P| Business Barometer) 0 Nevertheless, budgets for corporate meetings and events are expected to grow * Price increases are expected as occupancy rates rise throughout 2011 and into 2012 Incentive Travel * While the average number of nights for incentive travel fell from 5.5 to 4 in 2010. and most incentive trips were less extravagant than in the past -the outlook for incentive travel and meetings isfavorable for 20ll/ZOl2. ° RO| on incentive travel has become more ofafactor. As such, there tends to be abusine5s e|ernentincludedthesedays-suchas discussions about corporate strategy and direction.n Association Conferences * A vast majority of association planners are predicting lower budgets and attendance in 2011 � A majority of planners (63%)fee| under pressure to deliver "conference programs that appeal to the broadest audience." Medical 0 While no segment is entirely recession -proof, the healthcare industry comes close. w While exhibitor numbers may be down (due largely to ashnrtage of new product launches) attendance has been increasing since20lO. 0 The pharmaceutical market is forecasted to grow at a 4% - 7% rate until 2013 OMS Health) Business Travel w Incentive Travel Council: Pulse Study 19 September G.2O11 ° Business travel spending and volume grew at stronger -than -expected rates in Q 4 2010 and the Global Business Travel Association (CTDA)Trave| Index reached its highest level since the recession began inZ008', ° Business travel spending will grow 6%in 201 l. At least part of this reflects the loosening of restrictive company policies" Technology Trends: * Apple's Wad came to market in Aoh| 2010. By January 2011, 7.1Y6OfU.S. travelers report having used an iR]d orother tablet P[ to access travel information online while traveling '« � Wad ownership in significantly higher among the affluent, which makes advertising on these devices an important consideration for reaching up-market travelers" * Email and text messaging are the most oJrnrnOn uses of digital media by consumers. - Eighty-four percent of online Americans today email, and 74% send and receive text - Email is avita| part of the consumer's digital experience - from social network alerts and mobile marketing opt -ins tosearch activity -based messages and mailings. The advancement of mobile |Dternet devices increases customer engagement opportunities of the email channel - Consumers are most likely to open ernai|5 containing promotions or coupons, followed by news stories and links tovvcbSi1es Cell phones are becoming more important to consumers aged 18 to 34. at television's expense - with only l 3Y6 citing TV as the media they cannot live without. * Despite consumer reliance On digital devices the most influential element driving purchase decisions today is still word Of mouth, fn||0vVed by information from aVVeb5iie (47%) and email sent byfamiliar peers (42%). Advertising in video games and on mobile phones currently influence far fewer consumers in purchase decisions. * Consumers spend more time crossing media channels to dovirtually everything from booking vacations via their mobile phones to researching products on social networking sites. They are less tolerant of any irrelevant message and more receptive to interconnected marketing w Asa category, social networks now surpass search engines as the most visited group of xxehsitesOnthe interOet.m m Business Travel Association /r PhoCusWhght m Destination Analysis, Inc. 19 Pew Internet & American Life Project Pic September G.2U11 COMPETITIVE DESTINATION ANALYSIS in general, our competitive destination set is marketing their areas more aggressively in response to the econnnny, especially in the summer nnnnths, and engaging more digital mediums. Abrief summary, per nnarket, is detailed below. But first, here are afew general observations worth noting: ° Or|andoSentineicomn is a heavily used she for almost all of our primary competitive set v Niche online advertising is being utilized more than years past' notably on the vvebsitenfor the Wedding Channel and Budget Travel * There is a heavier concentration on Expedia' Travel Channel andTrave|ncity * There is arnuch stronger representation 0four competitive destination set in print publications over last year - More full -page brand ads than last year - Where co-op is involved, many competitors are working with spreads, or page and l/] columns - Meetings print is much more prevalent for both Corporate and Association Please note: These general observations and the following summaries are part ofmore complete research and analysis of the competitive set as well as "best of class" destinations worth noting. Primary Competitive Set Lee County -Fort Myers & Sanibel Branding and Message: Still marketed as "The Beaches of Fort Myers & Sanibel." There has been no change in brand, creative direction Ormessage, There have been small, insignificant design changes, and value messaging has been introduced into the mix. There is nodistinct claim made to differentiate the destination within the state. Media and Tactics: Continues to utilize te|evsion, phnt, online and direct mail to fulfill overall media plan strategies, Television spending was up for the summer nnonths, as well as more frequent e-mail marketing promoting deals and giveaways. Meeting Professionals continue to play large role in their print advertising strategies and are utilizing full page 4/[ ads, which incorporate an incentive pro8:6rn and Green Incentives. One of their biggest initiatives this year was a new Lonely Planet guidebook and app. 22 September O.2U11 Monroe County - Florida Keys Branding and Message: Marketed as "The Florida Keys & Key West," the destination branding and message haven't changed for many years. A review of a large part of their messages shows a more scattered approach than usual with avariety nfmessages and approaches that highlight specific areas of the Keys, Always intelligent, attitudinal, yet casual, there is now some inconsistency in brand claim and promise. Media and Tactics: Continue to utilize television, print, online and direct nnai!, with spending significantly up this year in strong cable television schedules. They are also allocating a substantial percentage of their marketing dollars to support and implement Social/Digital and Mobile marketing as part of their mix. Meeting Professionals seem to play a small role in their media mix and is allocated l00%to print. On a continuous effort they promote events and promotions throughout the fiscal year but tend to primarily execute in Miami/Fort Lauderdale and West Pu|n1 Beach AO[S. Miami/Dade County Branding and Message: Although the Miami area has been considered less of a direct competitor in the past, Miami has once again shifted the creative intheir campaign. The |oud, visually stunning campaign that strongly promoted the destination as a center for cuisine and culture has returned focus to consumers and beaches. The campaign still attempts to bridge the potential visitor's personal motivations with the destination's attributes, and invites visitors to "Express Yourself." Media and Tactics: While Miami/Dade continues to utilize television, print' online and direct mail as part oftheir overall media mix. Tactically, they are shifting dollars into other mediums dependent upon time of year and market. Television spending on strong cable schedules is down, with spending shifting to online promotions and print. Online expenditures appear to be on travel sites such as Orbitz' Trave!odtyand TripAdvisor' concentrated in February to lead the season and across Florida content directed to beaches and flight searches. Online ads for the meetings market has been used on FSAE and Successful Meetings sites to hit corporate and association targets. Broward County - Ft. Lauderdale Branding and Message: Striving to represent "Beach Chic" within the state, Ft. Lauderdale is continuing with their presentation of "Sunny, Org" throughout their communication with only minor variations. Destination is starting to utilize {\R (Quick Response) tags, but isn't strongly incorporating them into messaging. AdditionaUy, content delivery from the tags doesn't lead to a mobile site Vrpage. Media and Tactics: Overall, Ft. Laud erdale/BrVward seems to lean heavily on print and online with efforts concentrated in|anuarv/February. May/June, August and November. Television is a concentrated spending effort in Orlando and Tampa to provide an online promotion and giveaway. Continue to utilize large space print ads concentrated in travel publications and tied in with VISIT FLORIDA opportunities. 23 September 8.2O11 Palm Beach County Branding and Message: Inviting audiences to "Discover The Palm Beaches and Boca Raton'. the destination continues the approach begun about five years ago of highlighting the price point of special travel deal. There is no Jriva| branding taking p|ace, nor an attempt to position the destination within the state bvusing adistinct claim. Media and Tactics: Overall, it appears that Palm Beach County continues to utilize radio, print and online as the core of their media efforts. There was no activity for television this year. Radio efforts are minimal and tend to he promotionally driven. Print effort timing appears to be heavily concentrated in February through May with some ads appearing during shoulder periods (September and November). The efforts appear to consist of various categories including Niche, Arts/Cu|tune, Sports, Group and Association Meeting Professionals, Online efforts appear to he state 'nf-Rorida driven with emphasis on Tampa and Miami. Secondary Competitive Set Daytona Beach Branding and Message: Daytona continues to flounder in their communication efforts. Still claiming to be "Way More than o Beach," their communication lacks any consistency or central focus. There is no distinct (nor tasteful) design ethic. Media and Tactics: Daytona Beach appears to utilize television, print and online aswell as direct mail to deliver their advertising message. The television effort is concentrated on FOX in T6nnpa, which indicates Jyounger Skewing effort. Print efforts appear to be geared to Corporate and Association Meeting Professionals and are a mix of sizes dependent upon publication. Branding and Message: 5L. Peters burg/[|canmaterhas switched theirdesign/[arnpaign again this year. They have also introduced a new logo; however, are still using two different versions of their logo in various communications. It's hard to see how these continuing inconsistencies could he beneficial to their brand. New tO their messaging this year was a summer campaign promoting the 100 days ofsumnrnerwith weekly giveaways and a grand prize. Media and Tactics: St. Peters bu rg/Clearwate r utilizes a combination of television, print, online and direct mail in order tofulfill their overall media strategies. Television spending was up for the summer months in -market aswell as in Orlando and West Palm Beach. They also raised the frequency of e-mail marketing for their Sunnrner promotion. For both online and print, they utilize large space ads including spreads in November, May and July. The majority of online spending appears to be on Orbitz, with the campaign airing in the spring and summer months. 24 September B.2O11 Sarasota Branding and Message: "Sarasota and Her Island Beaches" is showing a consistent approach that highlights a dramatic, yet carefree Florida family vacation. There is nothing distinctive that sets it apart from other destinations, nor is any distinct claim made. In effect, any Florida beach destination could put their logo ontheir messages and have acarnpaign. It's generic, and offers little competitive punch. Media and Tactics: Currently, media efforts have been concentrated in print, newspaper and online. It appears they currently do not have at*|evision strategy in place. They rely heavily on VISIT FLORIDA partner opportunities in print. They do appear to have an online strategy, which includes Digital and 5oda|, and advertising can be found on FarebOok and Twitter. In addition, where online is being utilized they are incorporating "5pongeceU" interactive ad units that can include tabs for more than one partner. Local newspaper advertising is also being incorporated into the mix Such as inTannpaTBO. Tertiary Competitive Destinations The tertiary competitive set is traditionally composed of the Caribbean (including Yucatan) destinations. Research is showing that due tothe ecnnorny, airfare costs and passport nequirennents, this market is having less of competitive effect than it may have had a few years ago. Given some similarity in attributes and experience, the set is sd|| reviewed and analyzed to determine trends, best of set direction, and occasionally focus group response. At this time, no significant trends are shown in this group. Jamaica still seems to lead the set in message quality, design and brand focus. 25 September 6, 2011 FY 2012 CREATIVE STRATEGY Customize, Incentivize, Viralize We recommend that the Paradise Coast maintain the 201012011 creative strategy which has proven to be remarkably effective in a down economy. In addition to continuing the two seasonally themed campaigns that emphasize value - the Paradise Priced Perfectly winter campaign in the northeast U.S. markets and the spring/summer campaign in Florida markets - we propose to redouble our efforts to generate positve word of mouth, which contines to be the most effective medium of all. The thrust of each of these campaigns will be customized to speak to that particular target during that time of the year, ensuring that it is revelant, timely and effective. 26 September 6, 2011 vne xw rv.- 1111,.; Tt 01*14 p ao.e,o.rsdr Tell a Friend and You Could Win! � iNF . n...>d.tt.r u a .uaw.4 eeso-w Qow.. G.W. F_ N.... r.. 1— HkRon Marco Island Beach Resort and Spa f. 13 Diei016.iEe. Pacrvaoe �: G++'Lri I 93 m She For Moro Chances To M1n1 .�_ a¢,n. b:. 71a."i, ... .. .. ..�i rs:n 1,uttu rr t.lr ' ir�n;rare tiia<x;s. i�eaapsuic m.s:..4 n r.s2/mp bn9y Top 5 Things W Do k W.t.. Spaels' I�AYG.Rfdb +" �. 6'ning Out i rdl dedi Enjoy S1,00a in` Preferred Pass deals,�� ��� �� ,4 I I�� 11�6� W1.! hM peYwYb Minn ay. iWV W e.dw NlwH sna tlha j -Ad D:%*, iY tlMN IYN. a1 N.pY.. MI.AN.Ja. rcF sw.a8.iev9 M. ntl .Y* PlHyr k«Ms Rash f. WIN PYI i as h ..p. Ih {S09 RPF R Cs.W , 4.N*P_wl xa ...a+a. v.renaun ur. s, wq a �•. Each campaign will offer tourism indistry partners incentives as part of the messaging, which will include hotel deals and packages, special offers, free getaway sweepstakes and more. This will be done in a way that will appeal to value -seeking consumers while keeping our upscale brand intact. The seasonal campaigns will also encourage prospects to share the message with friends - thus increasing the likelihood that these communications will go "viral" - exponentially spreading the word and adding to the paid media's impact. The campaigns will include television and online advertising, website landing pages, e-mail marketing and, in some cases, customized digital guides and Twitter pages. Some new incentives, presented elsewhere in this document, will work in conjunction with these existing tactics to ramp up each campaign even more. 27 September 8.2O11 2012 PAID MEDIA STRATEGY Overview The Current 2010-201l marketing campaign has, by all standards, been a huge success. We negotiated $775.014 in value-added media on a $2 million budget which, when combined with partner co-op funds of $4|2.728,extended our advertising budget bySl.l87.743-almost 5U%. Since we will be working with a decidedly reduced marketing budget in FY 2011/2012, media recommendations are based on vehicles with a proven track record, combined with afew new initiatives that will help stretch the marketing budget and increase exposure for the Paradise Coast Media Objectives • Create amedia landscape that reflects the style and essence of the Naples, Marco Island, Everglades brand * Plan, negotiate and purchase media that effectively and efficiently reach key target audiences ° Create unique media opportunities with value-added enhancements * Increase awareness of the destination ° Increase online visibility ° Increase targeted traffic to • Increase inquiries across both vvebsiteand toll -free numbers * Continue to improve RO| on advertising dollars spent vs. visitor expenditures ° Create and execute media strategies that will support other CV8 efforts. These include but are not limited to: - Public Relations - Group Meeting Sales - Film [ornnnieiOn - Sports Marketing W. September 6.2O11 Media Strategies * Develop anannual program with anemphasis onSpring/Summer travel w Combine television with online/interactive campaigns to effectively and efficiently produce the highest number ofquality inquiries and leads. ° Increase use 0[Socia|/Digita| and Mobile marketing to build brand and promotional awareness and tohelp increase inquiry and bookings. ° Integrate all paid, owned and earned media platforms. * Utilize cooperative partner programs tostrengthen message and stretch budgets. * Incorporated [>Rtags where appropriate (print/tn]nsit/col |Jtera|/in'nlarket)for each campaign to help drive inquiry. w Deliver niche markets with a combination of cable television, vertical rnagazinas, online programs and social media. * Utilize gueh||a'rnarketing1acti[s to expand exposure and create word-of-mouth in selective markets. * Concentrate efforts against audiences that have shown the highest probability ofresponse and return on media investment. Group Business ° Target corporate' association and third -party planners in key feeder markets. * Investigate targeting Corporate Influencers directly. * Use integrated media to increase reach, frequency and inquiry. * Utilize e'news|etters to target smaller meetings and new meeting professionals. Sports ° Target soccer, lacrosse, tennis, swimming, flag fnotbaU. fishing, basketball, volleyball and softball via vertical sports association trade publications. • Incorporate online initiatives that coincide with specific high visibility sports events. * Align editorial tDcoincide with in -market events. * Support various initiatives identified by the Sports Marketing Team. 29 September 8.2O11 MEDIA TACTICS 0 Cable Television: Utilize targeted cable television to lead the campaign. � Concentrate messaging in specific day parts to effectively reach our target audiences a Utilize networks with a high composition of our primary target audience a Target hvmarket, zone, cable system, zip code. - Utilize ad tags for price -point custonnjzation by Brand Development Index (BO|) and Category Development Index ([DU - Run niche commercials tailored tospecific networks/programming within amnarket 0 Online: - Use :]Ovideo, :15 pre -roll and medium rectangle Flash and interactive banner advertising. ° Consumer Magazines: - Purchase third -page Orlarger four-color ads in upscale and niche publications that reach the major feeder markets during each campaign period. - Utilize senior market magazines such as AARP and AAA during the shoulder season. - Utilize niche magazines such as Play Florida Golf, Bridal Guide, Audubon' Undiscovered Florida and Sports Events to reach specific niche audiences. ^ Out -of -Home: - Continue transit opportunities primarily in New York and Chicago - Consider targeted K4aU Advertising to increase visibility at a minimal cost = Ability to chose geographic areas, skew to [ore demographics (high -end malls); narrow geographic window (target specific markets). • Very low CPM. ° E'yJexvsletters - Use as a primary communication for specific targets and niche markets, including: |uxury, go|f, fishing, spa, dining and others to deliver targeted messages and continue t0build the database. - Include special offers and other information from hoteliers -CH September G.2O11 a Leisure Consumer Directories: - Use pre -qualified publications such as Visit Florida Magazine and the /nsidsrCuide. Utilize four-color ads to allow for increased messaging options. ° Leisure Direct Email: - Work with a high -end luxury credit card (American Express or Black MasterCard) to develop a program that will provide aquaUfied upscale list of prospects in major feeder markets. - Concentrate program efforts towards online and e-mail opportunities - Use online and direct nnaU to reach out totop prospects with possible pre/post tie- in to trade shows both domestically and internationally. Group Meetings Business * Online/Print: - Concentrate efforts against major verticaonline sites as well as vertical publications aimed at corporate and association meeting professions. � online/interactive: Use non-traditional media such as 0ggi units to target key groups of meeting professionals who are hard to capture in traditional media. - Continue monthly e-newsletters to target smaller meetings and new planners 0 Database: - Utilize e-mail lists such as MP| in specific planner groups to grow the database. Sports Events and Meetings ° Vertical sports publications will include: Sports Travel, Sports Destination Magazine and Sports Events w Explore other sports related opportunities in conjunction with the Sports Marketing Dept. such asan EVPvolleyball Sponsorship. 0 Align editorial to coincide with in -market events to increase visibility. 0 Target Florida drive markets and national prospects. 31 September 0.2O11 Target Audiences The following are the specific market segments and locations that the Paradise Coast message will be targeted. Geographic Winter ^ Target domestic feeder markets in the Northeast and Midwest with emphasis on New York and Chicago. * Opportunity markets - Philadelphia, Boston, Cleveland and Minneapolis. * Target the Canadian market during first quarter 2012 * Target drive markets ofN1iarni/Ft. Lauderdale/West Rdnl Beach, Orlando, Tampa/St. Pete Demographic * Primary Target: Adults 35-84, skewed t0vvanjs vvnrnen, with a household income of $125.000'p|u5. Target should be a[onnbination of couples, singles and families. Niche Markets & Interests w Target specific visitor categories such as: - Bridal/Honeymoon - Sports - Eco - Seniors - Green Initiatives - Golf - Arts & Culture Group Meeti"s w Target corporate and association meeting professionals with groups with ZO 250 nnemDhCr3. • Aggressively pursue 5MERF markets with emphasis On Florida markets and rnedi[8| meeting w Focus should be on drive markets with asecondary emphasis placed on East u[Mississippi. * FA&4trips should always he an integral part 0fthe overall mix. • Concentrate on trade shows that our meeting hotel partners are not attending WA September G.2011 Sports Events Market w Target organizers of second and third tier events in off-season and shoulder season timeframes. * Pursue sponsorship opportunities for core Sports events which are held in Collier County annually. ° Be more selective of the events we pursue with emphasis on quality over quantity FY 2012 Spending by Medium EDigKaKMobUe WOutofHnmp xTelevisinn Phrk FY 2012 Media Allocation 33 September O.3011 NEW INITIATIVES UNDER CONSIDERATION FOR 2012 New Marketing Ideas — Presented by: Paradise Advertising & Marketing, Inc. Visitor Center Marketing: Given the increasing tendency for Collier County hotels to experience ^vva|k'up"business, there isan increased emphasis on Visitor Center marketing to reach that transient visitor, In addition to in -county, selecting Florida State Visitor Centers along 1'75 and 1'4 (specifics to come) would reach visitors on their way to or from Southeast Florida even Lee County. Currently rack brochures and some point -of -purchase marketing are in place at two Collier Count Visitor Centers. In addition to expanding the number 0fplaces where visitor information is available, we will need stronger Point Of Purchase and collateral components, (}RTaox Orapps. videos, and interactive opportunities logenerate more immediacy and stronger call tOaction. Technology makes it possible to project interactive images on the floor of8visitor center (or other location). By stepping on them or moving their feet or hands over them, people can cause the image to "react,"just as if they had stepped in, for example, and actual pool of water. This sort of display has enormous magnetic appeal. People simply cannot ignore it. They have to walk over and try it out. The interactive display would be supported by appropriate point -of -purchase nnater|a|5, videos, etc. to make it as easy as possible for consumers to act once xve have piqued their interest. This sort of high -impact advertising could be used along 1'7S and 1-4 in order to reach visitors on their way to or from other areas of Florida. 34 September 6.2O11 New Marketing Ideas Presented by: Paradise Advertising |��|U~J'�[lt���yl���VV����P��U��U�������" ...~~.~..��`..`_~~..~ ,,..,_.^-�~~~.`-^`~....~~. ..,_~Share what you're enjoying Since we know that peer review is the most trusted source of information about vacation destinations, and since we also know that the Paradise Coast has extraordinary customer satisfaction ratings, xvewill create opportunities for consumers toshare their thoughts about their trips. What you see above, is a card that could be left On the pillow of guests 81 hotels in Collier County. It asks people to go online (using a haDdy{}K [Ode) and Send a note (and perhaps pictures aswell) to afiiend about what they've been doing during their visit. When they dn, they will automatically be entered into a drawing to win afree return trip. Customized versions of the cards could be created for the major hotel. In addition' this sort of promotion could help us build our online database of people to vvhonn we can market through follow-up cnnai|s and the like. This approach can provide more opportunities for feedha[k/reviems on the Paradise Coast xvebsite. It can also encourage partners to gather more guest reviews on their properties and service. Opi September G.2U11 New Media Ideas: Presented by: Paradise Advertising & Marketing, Inc. "The Weather in Paradise" Camr)aiqn In one of our Northern oo|d+weathertarget nnarkets, we vvnu|d purchase a conspicuous outdoor board in the winter months. It will bear a picture of the sunny beaches of the Paradise Coast, and more importantly an electronic readout of the current temperature on them. Scarcely anything could be more persuasive tnaguy slogging through the slush in Chicago or Philadelphia or New York on a bitter cold and windy day. 5o people can act ontheir urge tVexperience balmy weather inthe middle Vfwinter. The board would also feature {}Rtag that would take them directly to J site where they could learn more about the charms of the area and book a trip. 36 September 8.2O11 New Digital/interactive Ideas Presented by: Paradise Advertising To succeed in the realm of social rn2dia, you have to go beyond simply getting "followers" or "likes." Your target audience must genuinely engage with your brand. To make that happen, we will create a game in the photo section of the Collier County [VU Facebookpago. The contest would work like this. A sun logo (the one from the CVB's logo) will be hidden in a picture in the photo section every day. (The section should be filled with as many beauty shots of the Paradise [oast as possible so that while people play the game they simultaneously acquaint themselves with the charms of the area.) The first person to find it and claim it by tagging it (a feature that is already available on Fac2book) will win the prize. In the image above, the sun |0g is on the dress of the woman on the right' on her right thigh. Prizes could range from large (a week at atnp resort including airfare)to small (dinner atVergin8). The opportunity to "Find Paradise on Fa[ebo0k"vvould he cross -promoted on Twitter and could be featured in traditional advertising as well if we desire. 37 September G.2O11 New Fulfillment Initiatives Presented by: Phase V, Inc. Telephone System Upgrade: August 2011 0 Upgrade Telephone Switch Designed to give more efficient: - Routing & handling ofcalls - Call attempts - Insure we keep our 100%ra!iabi|iKy � Change Telephone Carrier 0 Offer more enhanced toll free service * Allow special marketing in various cities-prmvide local number imeach city • inexpensive time of day routing - automatic call forwarding to Phase V Ink let Addressing Machine * Database retrieval from server * |n|ine labeling & post -it note system * Intelligent Mail Daruodetechno|ogy- least cost postage ° High Speed dryer- ink jet on rnu|dp|e paper stock & paper coatings types Computerized Software Shipping System (CPS) • Dramatically boosts domestic and international shipping efficiency and reduces shipping expenses • Reduces errors 0 Provides a seamless connection to in-house systems: - Increases business rule compliance - Automatically shops between carrier services for best rate for Dornnal or time sensitive shipments - Empowers shippers with real-time decision making tools 'CF.*, September O.2D11 New Search Engine Optimization (SEO) and Marketing (SEM) Initiatives Presented by: Sales & Marketing Technologies, Inc. Back to SEO Basics ° Optimize Meta Tags * Optimize onsite content for keyword phrases * Create an internal linking strategy to be implemented * Keyword Research to identify new opportunities w Create an off -site back linking strategy (guest posts on b\ogs, forums, etc.) • Establish quarterly strategy for keyword set k>focus on ° Determine and track conversions (Goog|eCode on"Thank You" pages) - Signups fore-nevvs|etters - Request for Visitor's Guide - Meeting Planner's RFP request ° Support improving Paradise Coast's appeal to "younger" visitors utilizing specific PP[ campaigns calling nut all of the great outdoor activities, family opportunities, etc. Drive visitors to specific landing pages. Examples of things that we could focus oil: - Paddle -boarding (this sport has seen a huge spike in interest in the last 12 months) - Everg|adeTourS - Eco Tours - Naples Zoo - Sailing Opportunities - Set a conversion such as requesting aVioitor`s Guide to be able to track success. 39 September 8.2O11 2012 ARTS & CULTURE PLAN Our area is blessed with an abundance of arts and cultural offerings and events that most communities our size do not possess. Those offerings include avibrant performing and visual arts Scene, historic downtown district and superb area museums. These offerings are agreat addition to avisit to the Paradise Coast and in some cases are strong enough to be reason tnvisit On their own. Per our 2009 Tourism Impact Study, over l 6% of visitors are attracted to our destination by cultural activities. The overall objective of this marketing effort is to promote our many arts and cultural offerings. Situation Analysis: * United Arts Council of Collier County (UAC) is the official arts organization for our area. They maintain 6websito at uaccoUier.comn that lists all the arts organizations and events in our area. Ahypedinktothe UA[ site is included on the honnepages of both Events and Arts Q[u|ture sections within the CVB's VVeh site. The UAC also publishes a monthly calendar of events that the CVB supports with a TO[ grant. * Special Events: November has been designated by the UA[ as Celebrate the Arts Month to promote the local arts and cultural community and to involve more residents and visitors in cultural activities. In add}t|on, a number ofstrong arts and cultural events take place throughout the year, with the exception of summer. ° Continued Growth: This market segment continues to expand, and with limited staff, may need to look to private sector assistance from supporters of this segment to sustain and grow its future potential. ° Dedicated Arts & Culture Section within destination vvebsite: This section includes expanded partner listings with ability to contain descriptive information, images, hyperlink and special offers. Webpage also links to various arts & culture related web videos and articles. * Arts. Culture & Heritage Printed Guide: Printed in early 2009, this piece continues to be used as fulfillment vfinquiry and distribution at trade ShOvvS. As printing the piece is [Ost|y, an update or reprint in the conning year would only be possible with financial assistance from Visit Florida grants or partner support. EN September G.2O11 Arts & Culture Plan Cont. * Arts' Culture & Heritage Digital Guide: This piece was created as well in 2009tO expand on the information available in the printed guide. This also provides a more interactive environment for potential visitors tn learn about area arts and cuhuoeofferings through video, audio' rotating images and hypedinksto partner Web sites. This guide is currently available on the destination Web site as well as offered to partners for display on their respective Web sites. ° Dedicated Consumer E'nexvs|etter: To promote the Celebrate the Arts Month in November, the monthly consumer e'nevvS|2tterfor October deployment {enters around our arts and culture offerings, and includes a hyperlink to the digital Arts' Culture & Heritage Guide. ° Create an updated and enhanced digital Arts. Culture & Heritage Guide. Also, team toexplore ways to expand distribution and increase flexibility nfupdating the guide. * Work with United Arts Council to increase distribution of printed Calendar of Events and build an enhanced digital version for wider distribution. * Identify group transportation partner to offer organized tours of our museums and art galleries. ' Research cultural publications that will provide an opportunity to increase the branding message via use Ofhalf page full color arts and culture advertisements. * Encourage the development ofmultiple day cultural events that showcase One or more venues. Package hotels with event tickets, dining and shopping discounts to attract out nfmarket visitors. 41 September G.2U11 FY 2012 AIR SERVICE SUPPORT PLAN With air service as the most connrnonk/ used transportation mode ofour visitors, it is imperative that we continue to foster partnerships with our local airports. Of the visitors arriving by air. over 60%My into Southwest Florida International Airport (RSV), followed by yW|arni International Airport (K4|/),Tampa International (TPA) and Orlando/Sanford International Airport. As the largest commercial airport serving the county. the Southwest Florida International airport will be the main focus of our efforts, as well as the local Naples Municipal Airport. Strategies include developing new scheduled and chartered flights toSouthwest Florida and specifically for the Southwest Florida International Airport (RSVV). in developing ways to ensure visitors are aware of the destination's dose proximity. Additionally, we look toexpand efforts targeting the fly -drive markets, mainly Miami, Tampa, Orlando. Currently, Visitor Guides and maps are distributed at the Orlando -Sanford International Airport through 6 cooperative effort with the Seminole CountyCVR. and we are pursuing similar opportunities with other airport partners. The following provides an overview ofaid service to Southwest Florida International Airport (RSW): w Serves 5 counties: Lee, Collier, Charlotte, Hendry. and Glades (l rniUion+ residents) a Served more than 7.5 million passengers in 2010 and is One of the top 50 U.S. airports for passenger traffic (7,5l4.9lO) w Approximately 2l,UUUdaily passengers * Average 22OFlights Daily w Biggest Connecting cities: Atlanta, Boston, Chicago, Cleveland, and New York * 47 Nonstop destinations (43 Domestic, 4 International) provided by 20 different air carriers: Domestic Direct Air Service (Partial List): l. At|anta(ATU a. AirTran Airways h. Delta Air Lines 2. Atlantic City (A[Y) a. Spirit Airlines 3. Baltimore (BVV|) a. 4irTr6n Airways b. Southwest Airlines 42 September S.2O11 Domestic Direct Service Cont: 4. Bloom ington-Normal (8K4U a.AirTran° 5. Boston (BOS) a.]et8|ue c.AirTmnAirways* 5. Buffalo (OUR a. 4JrTran Airways* b.]etD|ue+ 7.Canton-Akron ([AK] a. AirTran Airways* 8.Charlotte (CLT) a. US Airways 9. Chicago -Midway (K4DVV a. Southwest Airlines lD.Columbus (CK4H) a. AirTranAirwazys 11. Dallas (DFVV) - Fort Worth a.American Airlines 12. Denver (DEN) b. Frontier Airlines 13. Detroit(DTVV) - Metro a Delta Air Lines b. Spirit Airlines 14. F|int(FNT) a. AirTran Airways* l5. Grand Rapids (GRR) a. AirTran Airways 16. Hartford (BDU a. Delta Air Lines" 17. Houston -Intercontinental (|AH) a.Continental Airlines 43 son mm on ■® ONE son No on ®® son I oil on IN on oil won moons MENEM MEN moons MEN ESSEN MENEM ONE moons won moons MENEM ONE moons won NONNI MENEM MEN moons �■■■■■■■■■■■■■■■■■■■■■■■ MEMO s■■ Olson ■OEM ■■E■■■■■■■■■■OM■■■ monsoons ■SOME ■■■■■■■■■■■■EE■■■ ■�■■■■■■■■ NONE ■son ■■■■■■■■■■■■■ ©■■■■■■■■E■■■■ mom ■■■■■■■■■M■■■ NONNI ■■■11■■■1■■■111■■■■■■ cmonolog ■■■■■■MM■■E■E■■■EM■■■■ ■:■■■■■■■■■■■■■ MEN ■■■■■■■■■■■■■ �monsoon ■EEM■■■E■■■■■■■■■■■■■■ September 6, 2011 New Business 7-g 1 of 3 EXECUTIVE SUMMARY Recommendation to authorize staff to prepare and submit Declarations of Continued Use to maintain service mark registrations with the United States Patent & Trademark Office to preserve the County's advertising, logos, phrases and slogans. OBJECTIVE: That the Board of County Commissioners authorize staff to prepare and submit Declarations of Continued Use to maintain service mark registrations with the United States Patent & Trademark Office to preserve the County's advertising, logos, phrases and slogans. CONSIDERATIONS: On February 1, 2004, the Collier County Tourism Department (Naples, Marco Island, Everglades Convention & Visitor's Bureau) began the use in advertisements of two logos incorporating the phrases, "Naples Marco Island Everglades Paradise Coast" and "Florida's Last Paradise", to promote tourism in Collier County. These logos were registered as service marks with the United States Patent & Trademark Office on February 7, 2006 and March 7, 2006, respectively. This service mark registration provides Collier County with additional legal protection of its use of the logos and phrases in advertising outside the state. Pursuant to Section 8 of the Trademark Act, 15 U.S.C. § 1058, the County must now file a Declaration of Continued Use for each of these service marks with the United States Patent & Trademark Office, in order that the registrations shall continue in force for the remainder of the ten-year period from the initial registration dates. The cost for this filing is $100.00 per Declaration. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: The total cost associated with filing the Declarations is $200.00. Funds are available in account no. 194-101540. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action and requires a majority vote. — CMG ADVISORY BOARD RECOMMENDATION: This item will be presented to the Tourist Development Council for approval at its regularly scheduled meeting on September 6, 2011. RECOMMENDATION: 1. That the Board of County Commissioners authorize staff to prepare and submit two Declarations of Continued Use for the two service marks incorporating the phrases, "Naples Marco Island Everglades Paradise Coast" and "Florida's Last Paradise", with the United States Patent & Trademark Office; 2. Approve the expenditure of funds as stated; and 3. Authorize the Chairman to execute the completed Declarations on behalf of Collier County after approval by the County Attorney's Office. PREPARED BY: Colleen M. Greene, Assistant County Attorney 07.0050/2049 September 6, 2011 New Business 7-g 2of3 Int. CL: 35 Prior U.S. Cls.: 100, 101 and 102 Reg. No. 3,056,948 United States Patent and Trademark Office Registered Feb. 7, 2006 SERVICE MARK PRINCIPAL REGISTER Naples Marco Island Everglades �.-�' P A R A O I S E C C? A S T COLLIER COUNTY (FLORIDA POLITICAL SUB- DMSION) 3301 TAMIAMI TRAIL EAST NAPLES, FL 341124902 FOR: PROMOTING TOURISM SERVICES, NAME- LY TOURISM IN SOUTHWEST FLORIDA, IN CLASS 35 (U.S. CLS. 100, 101 AND 102). FIRST USE 2-1-2004, IN COMMERCE 2-1-2004. NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "NAPLES MARCO ISLAND EVER- GLADES PARADISE COAST", APART FROM THE MARK AS SHOWN. SER. NO. 76-620,878, FILED 11-17-2004, DORITT L. CARROLL, EXAMINING ATTORNEY September 6, 2011 New Business 7-g 3 of 3 Int. Cl.: 35 Prior U.S. Cls.: 1001 101 and 102 Reg. No. 3,064,880 United States Patent and Trademark Office Registered Mar. 7, 2006 SERVICE MARK PRINCIPAL REGISTER Florida's Last Paradise COLLIER COUNTY (FLORIDA POLITICAL SUB- THE MARK CONSISTS OF STANDARD CHAR - DIVISION) ACTERS WITHOUT CLAIM TO ANY PARTICULAR 3301 TAMIAMI TRAIL EAST FONT, STYLE, SIZE, OR COLOR. NAPLES, FL 341124902 NO CLAIM IS MADE TO THE EXCLUSIVE FOR: TOURISM SERVICES, NAMELY, PROMOT- RIGHT TO USE "FLORIDA'S LAST PARADISE", APART FROM THE MARK AS SHOWN. ING TOURISM IN SOUTHWEST, FLORIDA, IN CLASS 35 (U.S. CLS. 100, 101 AND 102).• SER. NO, 76-620,877, FILED 11-17-2004. FIRST USE 2-1-2004; IN COMMERCE 2-1-2004. MICHAEL KAZAZIAN, EXAMINING ATTORNEY I September 6, 2011 Old Business 8-a 1 of 117 EXECUTIVE SUMMARY Follow-up items to the TDC meeting of June 27, 2011 OBJECTIVE: To update the TDC on follow-up items from the June 27, 2011 meeting. CONSIDERATIONS: Items as follows: 1. The Council requested Staff to provide copies of all approved permits and permit applications in process and related back up material (TDC approvals, BCC approvals, etc.) for the "Vanderbilt Beach Restroom Expansion Rework" — line item 90046 for their review. • Please see attached marked as "Attachment 1" 2. The Council requested County Staff to provide an overview on the collections and expenditure of beach parking funds. • Nancy E. Olson, the Regional Manager of the Beach and Water section of Parks and Recreation indicated that Beach Parking Revenue FY 2010/2011 from October 2010 to July 2011 (10 months only) is currently $1,080,549.50. 3. Mr. Sorey moved to direct Staff to prepare an analysis on the time spent by Coastal Management Staff for the Administration of Fund 183 for the purposes of allocating said costs into the Fund 183 budget (as opposed to those costs being absorbed within the Administration of Fund 195). • An Executive Summary has been prepared and addresses this item with the following summary: Recommendation to approve and authorize Staff to advertise proposed amendments to the Tourist Development Tax Ordinance No. 92-60, as amended. Amendments include (1) incorporating provisions of Section 125.0104(5)(A)1, Fla. Stat., relating to the use of Category "C" funds for museums, (2) delineating the allocation of administrative costs in support of Fund 194 Tourism Promotion, Fund 195 Beaches, and Fund 183 Beach Park Facilities, (3) removing expired provisions pertaining to the use of certain revenues for tourism destination marketing, and (4) incorporating by reference the Category "A" Funding Policy approved by the Board of County Commissioners, and return to the Board for final approval and adoption following advertisement. The Coastal Advisory Committee directed staff to propose amendments to the Tourist Development Tax Ordinance to specifically include administrative costs for Fund 195 and Fund 183 and to allocate the administrative costs between the two funds based on a pro rata share. Administrative costs include project management, indirect overhead, and program administration and sets forth the following expenditure limits: Project Management, Indirect Overhead, and Program Administration in support of Fund 195 (Beaches) and Fund 183 (Beach Park Facilities) shall not exceed 15% of tourist development tax Category "A" revenues. These September 6, 2011 Old Business 8-a 2 of 117 charges to be split 75% to Fund 195 (Beaches) and 25% to Fund 183 (Beach Park Facilities). 4. The Council requested Staff provide quarterly reports on the status (including) collections/receivables) of the FEMA reimbursements. • The FEMA second appeal for Tropical Storm Gabrielle is still under review with FEMA Washington. Over the last month, Connie Mack office, The Ferguson Group (Collier County's federal/Washington, DC lobbyists) and our consultant James Lee Witt have all contacted FEMA Washington at our request to determine status of our appeal/claim. Each reply is that the Appeal is under review with the FEMA staff in Washington. • TS Faye existing work authorizations to Collier County will expire in August 2012. Staff will revise the justification and seek an extension to these authorizations once the conceptual design for the main beach renourishment and the Marco South renourishment is completed. 5. The Council requested Staff to prepare a report analyzing the Tourist Development Council expenditures for the individual jurisdictions within the County under the auspices of Coastal Zone Management. Please see attached marked as "Attachment 2" 6. The Council requested Staff to research the circumstances surrounding the approval of the "Gulfshore Property Purchase" - line item 88027 (minutes of TDC approval, etc.) and provide a report to the Council on the item. • Please see attached marked as "Attachment 3" RECOMMENDATION: For information only PREPARED BY: Gary McAlpin, CZM COASTAL ENGINEERING �NONSULTANTS A CECI GROUP COMPANY October 5, 2010 Mr. Tony McNeal Florida Department of Environmental Protection Division of Water Resource Management Bureau of Beaches and Coastal Systems 3900 Commonwealth Boulevard, Mail Station 300 Tallahassee, Florida 32399-3000 Re: Collier County Board of County Commissioners (BCC) CCCL Application Submittal -100 Vanderbilt Beach Road CEC No. 09.051 Dear Tony, September 6, 2011 Old Business 8-a 3 of 117 CECI Group services Civil Engineering Planning Services Survey & Mopping Coastal Engineering Real Estote services Website: www.coastalenglneering.com Please find enclosed one original and one copy of a CCCL application plus the required attachments for the above referenced project. Included in this application package are: - CCCL Application (Form 73-100) - Permit Fee Worksheet for Form 73-100 $1,000 check payable to the Department of Environmental Protection (DEP) from the Collier County BCC Attachments: 1. Evidence of Ownership & Legal Description 2. Boundary Survey 3. Lighting Plan 4. Site Plan, Grading Plan, Cross -sections & Engineering Report 5. Anticipated Construction Schedule 6. Existing Vegetation, Plants to be Removed, Proposed Planting Plan 7. 8 s/2 x 11 Site Plan & 8 1/2 x 11 Cross -sections 8. Foundation Plans and Specifications - Please note that a letter from Collier County verifying that the project does not contravene local setback requirements will be sent under separate cover. Thank you for your review of this application. Please direct all comments and questions to me at 239 643-2324 x 150 or kthoemke@cecifl.com. Sincerely, 3106 S. Horseshoe Drive, Naples, Florida 34104-6137 - Phone (239) 643-2324 Fax (239) 643-1 143 - E-Mail: info@cecifl.com SERVING FLORIDA SINCE 1977 September 6, 2011 Old Business 8-a 4of117 COASTAL. ENGINEERING CONSULTANTS, INC. COASTAL ENGINEERING CONSULTANTS, INC. •is W. Thoemke, PhD, CEP Senior Scientist Enclosures CC; Gary McAlpin I: UM 7AV0091090511CCCL109051-CCCL App/lcollon_Cover Ietfer.doc PRI 3. 4. 5. �ttOtEf 4A FLOR A Old Business 8-a APPLICATION FOR A PERMIT FOR CONSTRUCTWN7 SEAWARD OF THE COASTAL CONSTRUCTION CONTROL LINE OR FIFTY -FOOT SETBACK (Application processed pursuant to Rule 626-33.008, F.A.C.) Owner of Record Agent (if applicable) Typed or Printed Name: Typed or Printed Name and Company: Collier County Board of County Commissioners Kris W. Thoemke, PhD, CEP ATTN: Gary McAI in Coastal Engineering Consultants inc. Mailing Address: Mailing Address: 3301 E. Tamiami Trail 3106 South Horseshoe Dr. City/State/Zip Code: City/State/Zip Code: Naples, FL 34112 Naples, FL 34104-6137 Telephone (include area code): Fax (include area code): Telephone (Include area code): Fax (include area code): 239-252-5342 239-353-4061 230 643-2324 x 150 239 643-1143 E-mail Address: E-mail Address: Gary.McAplin@colliergov.net kthoemke@cecifl.com I hereby ce that ion bmitted with this application Is true and complete to the best of my knowledge. "eti 18 S 10 CtmIca LN�Ih:28P�h n6t-0.n NC. 31o6t5�ow��lk� c �owne� o� tot ho oywer�s. Sign ture of Owner or Agent Date Typed or Printed Name of Owner or Agent (include title of officer and name of corporation or other business entity, if applicable) If the applicant Is not the owner of record, the owner must sign below to authorize the applicant to act as the owner's agent for the purpose of applying for a permit. I hereby authorize the above named agent to make application for a permit for construction or other activities seaward of the coastal construction control line or 5040ot setback on the property (described In item 4, below). Co tMeT` Cssa r Ir l�l5ll0 '32i)t �a�► `T •i (jl F, Sµ►4e 103 rL- IQ L1-1- Signature of Owner Date Typed or Printed Name of Owner (include title of officer and name of cor oration or other business entity, if applicable) A brief description of the proposed work, activity, or construction. X Check here if additional Information is attached. Applicant proposes to remove an existing bathroom facility and walkways and constiuct a new bathrootn/concession facility for purposes of providing public amenities for residents and visitors using the beach area served by the County's public access area to the beach. The structure being proposed is a Nonhabitable Major Structure per 62b-33.002 59 c 1, Project Name (for multi -family, commercial, or public projects): Nearest DEP Reference Monuments (if known): Vanderbilt Beach Road Bathroom/Concession Facility R-29 Street Address: County: City/Zip Code: 100 Vanderbilt Beach Road Collier Naples, FI The name and mailing address of the owners of the Immediately adjacent properties, exclusive of street ends and easements. If the adjacent property is under cooperative or condominium ownership, provide the name and mailing address of the cooperative or condominium association. Name of Adjacent Property Owner: Name of Adjacent Property Owner: HHR Naples LLC Mailing Address: Mailing Address: 6903 Rockledge Dr. Suite 1500 City/State/Zip Code: City/State/Zip Code: Bethesda, MD 20817-1862 ❑ Check here if there are additional adjacent properties and altach the appropriate information. DEP Fonn 73-100 (Updated 12106) Page 1 of 2 Agency Use Only: FILE NUMBER —A 1Amue 0, GUI 1 Old Busines 7 8. 9. 10. 11. 12. 13. 14. 16. 16. 17, 18. 19. 20. Mail To: Overnight or Hand deliver to: Bureau of Beaches and Coastal Systems Bureau of Beaches and Coastal Systems Division of Water Resource Management or Division of Water Resource Management Florida Department of Environmental Protection Florida Department of Environmental Protection 390D Commonwealth Boulevard, Mail Station 300 5050 West Tennessee Street, Building B Tallahassee, Florida 32399-3000 Tallahassee, Florida 32304 DEP Form 73-100 (Updated 12/06) Page 2 of 2 Agency Use Only: FILE NUMBER 6 of 117 ALL APPLICANTS ARE REQUIRED TO SUBMIT THE FOLLOWING ITEMS: A fee asset forth in Rule 62B-33.0085, FA.C. (seethe form entitled 'Permit Fee Worksheet for DEP 73.100"). X Sufficient evidence of ownership and legal description of the property [paragraph 628-33.008(3}(c), F.A.C.]. X Written evidence, provided by the appropriate local governmental agency having jurisdiction over the activity, that the proposed activity, as submitted to the Bureau, does not contravene local setback requirements or zoning codes [paragraph 626-33.008(3)(d), F.A.C.]. [] Two original copies of a signed and sealed survey of the subject property. The information depicted on the drawings shall be from field survey work performed not more than six months prior to the date of application. The'survey shall comply with the X El given In Rule 62B-33.0081, F.A.C. [paragraph 628-33.008(3)(t), F.A.C.]. For structures with proposed permanent exterior fighting, two copes of a dimensioned lighting plan drawn to an appropriate scale [paragraph 62B•33.008(3)(f), F.A.C.J. El El copies of a dimensioned site plan signed and sealed by an architect, engineer, landscape architect, or professional survey and mapper (as appropriate) licensed in the state of Florida [paragraph 628-33.008(3}(I), F.A.C.]. X El copies of a grading plan signed and sealed by an architect, engineer, landscape architect, or professional survey and mapper (as appropriate) licensed in the state of Florida [paragraph 626-33.008(3)(m), F.A.C.]. X ❑ Two copies of cross -sections signed and sealed by an architect, engineer, landscape architect, or professional survey and mapper (as appropriate) licensed in the state of Florida [paragraph 82B-33.008{3}(n), F.A.C.]. X ❑ Details, including engineering design computations, for any proposed waste discharge onto, over, under, or across the beach and dune system, including but not limited to storm water runoff, swimming pool drainage, well discharge, domestic water systems, and outfalls [paragraph 626-33.008{3)(p), F.A.C.].An X [] anticipated construction schedule [paragraph 626-33.008(3)(q), F.A.C.]. X ❑ Two copies of detailed planting plans, including the location of proposed plants, existing native vegetation, and plants to be Plans include X Elremoved. shall a plant list with both scientific and common names [paragraph 628-33.008(3)(r), F.A.C.]. APPLICANTS APPLYING TO CONSTRUCT MAJOR STRUCTURES OR RIGID COASTAL STRUCTURES ARE REQUIRED TO SUBMIT THE FOLLOWING ADDITIONAL ITEMS (SEE RULE 628-33.002, F.A.C.}: For major structures, two copies of a dimensioned site plan drawn to an appropriate scale, on 8.5 by 11 inch paper [paragraph 628-33.008(3)(g), X ❑ F.A.C.J. For major structures, two copies of dimensioned cross -sections drawn to an appropriate scale, on 8.5 by 11 inch paper 62B-33.008(3)(h), F.A.C.J. X[paragraph ❑ For major structures, two copies of detailed final foundation plans and specifications [paragraph 628-33.008(3)(k), F.A.C.]. ❑ ElFor rigid coastal structures, two copies of a sfte plan and detailed final construction plans and specifications for all proposed structures or excavation signed and sealed by an engineer licensed in the state of Florida [paragraph 626-33,008(3}(0), ❑ ❑ F.A.C.]. APPLICATION FOR WAIVER Pursuant to subsection 626.33.008 6 , F.A.C., the applicant may request a waiver of certain portions of the information s ecffied in this application form Application Item # Reason for waiver DEP Use Only Approved panted if room for additional application for waivers is needed, please attach an extra sheet to this application and include the applicant name and dale on the additional sheet. 1 MW ` ZM-UV o>>gewpuawq suuld 1uauidojanep 011S ow3m,m . 7" ai'eisD VUT zed ua�ag li?gzapueA once .. ldn .JM a� c cu FE U U E 4� 2 W N N C cu c oC o U f U't c Q U 0 O J CV C'7 O U N U) RE: Y — N A • .s c n o u si .. L c N E Vc r w N 6 E� n ~ 7 M o N � o�z� O N co O 0 o� c g September 6, 2011 isess 8-a `N' *--"---• -W / ~;�d�; �� /bFt�llMl fii .qantamhor R 7f111 September 6, 2011 Ir ! Ins X g Y � �d €S4 4 sae y S �� 0 ti O •� ♦ p if k. i M ip o y 4���6dy8�pjj&�.�€"eertt�ag�€S1�gS Ys#�;�Y�rE�Yid''az.3sctil'1P s$sa w _ 1! • y �x l, s 3 � � 'rY i gill mil 7 ! s� k g9 li` i fill I s 10, ._ cu i, ) f ------ oil f jk,Yf � +aaJ 1 1 I r yyy� Cp 1 ! YY 1 ` � 1 ti r`� Y• 1 ` K 4 ei � Y f ^^ yY r 11{ _ isri E or mac° ii 2011 I if FAN 1■■■■ IMF ■� O N ' ■■_/.■■ Ij 1 loan,,! ` �f1.I f. 1'�ii �f�' / 1■ ..I:r1'. 11 R ,0r ����� .�1` �\II : 11: ��111 11� frffl� f■I..IR\ frlffl�tlf• j1.�1 t .II\ . >.. I ■:!a ji:'r =�"'r 7 i r f � it _ -' i ��������© ■rrj`t''�'�ii 1'i� ■ � - I r■� ..1 I I..� f11. ■\ / f�jR/r/(.Jj1:j � R �11 Iii:i�IR1i�■,Y!' r �i�i --41111111111:::r f::� rf ,:�i IIf�■ }� `'' - 1 Illlllll� r I 1 J ' ❑ i.i _�\ . �`N•:; _:mac. R„ , r I ,,r R� IIR, c,epiem Der b, lui i J Q N 1` 1 /10 —aJ 1 - ' , 33 �4j�gaa� � g U �f 9 3 all ;�10 e! gillInk +i 0. J !Fit to h ,f M1 a 1 Rill r fit r ' R� J •� ii � ! q�� gin � [ a 8 i I 9 �7 9 • 1 R fill -------------- T .t+l r ! x � i�as��✓T . ii�+ J September 6, 2011 1 \ I � � 2 September S.2O' i . g! pill". � t p��` 14, v si fj i ■llrr. i U _ ij September tj, 2ui 1 rs 00 ..� iW i 10 O N tl c d N w 11 t Q 1 f 11 11%1't 1 Ill, a kt � •i F�lF1 if ��{ ilie i F �t lg�, ���i I i rtiji t1 iilli� t f E Q—+—K— C 7nl 4 COASTAL ENGINEERING INONSULTANTS A CECI GROUP COMPANY October 7, 2010 Ms. Summer Araque Collier County Government Community Development & Environmental Services Division (CDES) Comprehensive Planning Department 2800 North Horseshoe Drive Naples, FL 34104 Re: Vanderbilt Beach Road Bathroom and Concession CEC No. 09.051 Dear Summer, September 6, 2011 Business 8-a 20 of 117 Group services Civil Engineering Planning Services Survey & Mopping Coastal Engineering Real Eslale Services Websile: www.coostalengineering.com Enclosed with this Ietter is a Coastal Setback Line Variance Petition application that you requested in our September 28 phone call and email. We are providing this in addition to the information that was requested at our June 10, 2009 pre -application conference which is provided with this letter as Supplemental Information," Payment of the $1000.00 application fee is by the attached liter -Departmental Funds Letter. If you have questions concerning this request or need additional information, please contact me. Thank you for your consideration. Sincerely, COASTAL ENGINEERING CONSULTANTS, INC. Kris W. Thoernke, PhD, CEP Senior Scientist 3106 S. Horseshoe Drive. Naples, Florida 34104-6137 • Phone (239) 643-2324 Fox (239) 643-1143 • E-Mail: info@cecifl.com SCRVING FL-9RMA SWCE 11977 Date: From: To: Subject: September 6, 2011 Old Business 8-a 21 of 117 CO per COu"ty Public Services Division Coastal Zone Management MEMORANDUM October 6, 2010 J. Gary McAlpin, P.E., Director Coastal Zone Management Department Growth Management Division Environmental Services Department Inter -Departmental Transfer of Funds for: CCSL Variance Application Fee — VB (Restroom/Concession Bldg.) Please process the CCSL Variance Application Fees for the VB RC Project from the following fund and cost center associated with this Project. The account number is 183-116366-649010-90046.1 . Please expedite this request as required with the appropriate account information to facilitate this transfer. Thank you. J. ary Mc Ipin, P.E., birector Coastal Zone Management Department cc: Clint Perryman, CGC, Project Manager, Coastal Zone Management Dept. Gail Hambright, Accountant, Coastal Zone Management Dept. Collier County Coastal Zone Management - W. Harmon Turner Building, Suite 103.3301 East Tamlaml Trail - Naples, Florida 34112.239-252-2966 • FAX 239-252-2950 www.00lliergov.n oYr,oastalzonemanagemen I COLLIER COUNTY GOVERNMENT ENVIRONMENTAL SERVICES DEPARTMENT WWW.COLLIERGOV NET September 6, 2011 Old Business 8-a 2 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 COASTAL. SETBACK LINE VARIANCE PETITION PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED/DUE DATE For Staff Use Only ASSIGNED PLANNER Date of Public Hearing, BCC Approval: Yes ❑ No ❑ Conditions of Approval: ABOVE TO BE COMPLETED BY STAFF �_ APPLICANT INFORMATION NAME OF OWNER(S) COLLIER COUNTY BOARD OF COUNTY COMMISIONERS, ATTN GARY MCALPIN COASTAL ZONE MANGEMENT DEPARTMENT MAILING ADDRESS 3301 E. TAMIAMI TRAIL BLDG F SUITE 103 NAPLES FL 34112 TELEPHONE # 239 2524245 FAX # 239 252-6531 E-MAIL ADDRESS: NAME OF AGENT COASTAL ENGINERING CONSULTANTS ATTN• KRIS W. THOEMKE PHD MAILING ADDRESS 3106 SOUTH HORSESHOE DRIVE NAPLES FL 34704 TELEPHONE # 239 643-2324 X 156 FAX # 239 643-1143 E-MAIL ADDRESS: KTHOEM E CECIFL COM PROPERTY INFORMATION Legal Description of Property: See Attachment 1 Legal Description Detailed location/description of property (street address, if available) and directions (nearest intersection): 100 Vanderbilt Beach Rd, Naples, FL Present Zoning: PUD Present Use: Par tng garage and with separate restroom „facility, Proposed Construction/Activity: Remove/replace existing restroom facility with a new restroom ncession facility Ground upon which petitioner relies for the granting of the variance. Please include relevant LDC section: In 3.03.02 of the LDC, it states that newand existing development In the coastal zone shall be in compliance with the goals objectives and policies of the Conservation and Coastal Management Element (CCME) By providing safe access forthepublic controlling public access to minimize damage to the coastal dune system and allowing for appropriate public use while protecting, conserving and manaaina the resources at the Vanderbilt Beach Rd. beach access this project is consistent with the Conservation and Coastal Management Element Goal 1: "contlnue to plan for the protection, conservation management and appropriate use of (County's) natural resources Goal 6 "Identifw protect, conserve and appropriately use Coun 's native vegetative communities and wildlife habitats": and 10: "protect, conserve. manage and appropriately use WounVs) coastal barriers" September 6, 2011 Old Business 8-a 23 of 117 COASTAL CONSTRUCTION SETBACK LINE VARIANCE LDC 9.04,06 9.04.06 D If in the immediate contiguous or adjacent area a number of existing structures have established a reasonably contiguous and uniform construction line closer to the line of mean high water than the line as herein established, and if said existing structures have not been unduly affected by erosion, a proposed structure may be permitted along such line if such proposed structure is also approved by the Board of County Commissioners. 9.04.06 E The Board of County Commissioners may authorize the construction of pipelines or piers extending outward from the shoreline, unless it determines that the construction of such projects would cause erosion of the beach in the area of such structures. 9.04.06 F Certain activities that may temporarily alter ground elevations such as artificial beach nourishment projects, excavation or maintenance dredging of inlet channels may be permitted seaward of the coastal construction setback line if said activity is In compliance with the Collier County Growth Management Plan — Conservation and Coastal Management Element and also approved by the Board of County Commissioners. I have read and understand the applicable sections of the Collier County Land Development Code. L , 10 3"b fV St ature of Property Ownd Date SUBMITTAL REQUIREMENTS Application Fee: $1000 (Make check payable to Board of Collier County Commissioners) An 8 1/s x 1 1 reduction of plot plan In cases where plat plan is larger than 8 1/2 x 1 1 Addressing Checklist Site Pion which must contain the following o All lot dimensions o All existing structures and their exact yard setback distances o The Coastal Construction Setback Line (CCSL) established by the DEP of the State of Florida on October 31, 1974 o The location and exact distance from the CCSL for all structures which are being used to justify your petition o The location of all proposed structures in relation to the CCSL o Show that the proposed structures are a minimum of 150 feet landward of the mean high-water line or 75 feet landward of the vegetation line, whichever Is greater o Demonstrate that this proposed variance does not negatively effect public health and welfare, upland properties, cause beach or dune erosion. Show final elevation in relation to historical storm and hurricane tides, predicted maximum wave uprush, beach and offshore ground contours, the vegetation line, erosion trends, the dune or bluff line, if any exist, and existing upland development Return completed application package to: Community Development & Environmental Services Intake Planner 2800 N Horseshoe Drive Naples, FL 34104 C 40 1zNomo m n Q o = _. -� :3 CD m o -i CDCD 1 3 iCD CL Hit September 6, 2011 Old Business 8-a 24_of-117 iI>sII f aaI 1a�Ifc sA GradyMtnor Vanderbilt Beach Parking Garage F" W.E«M WEM o.• Site Development Plans Amendment to AR•6642 spicy rem a September 6, 2011 Old Business 8-a '>Ai+i+++i+i+i+C!A ®moomA®�►o, +�ArsAR,►"f►�+v+�►®d1.�+�+++++++f�►LVI+AAA+,'O®®A®Ad�q►fI ILWA- ♦o++Ift+++♦e®®.♦♦...�1 ♦a�..mo....++..♦♦. �o®� ���+�+�+�+�.�+;®NfM®IMF+++.+ 1++`1��i®mQ���+�+�+�+�+�+�+�+�+�.�.�A�AmA�®a� AM .+.A+A.+++�1f�Lw, A+++,+AW,MWl+++++f%tp0o�A♦++++++.+++++.A+A+A++++++E;9A�®®®� ♦♦....I,f.0.....�f..♦!.)0�++++++.++++♦1 ++XMIM +++++++oA'►+S'>+++++++++.f'►A++++f`'®d11>+M++ ♦.NsmPON ®aD.A�v3�b••►,��+�� 1RA®r�►++++o®rA ►.A�®mdr °�� Dsi`C�!••�1%, W,WE v►+++.,mod►+I 4P0'>WARdA0 -bf+.+o+a�'.;QMA,,Ewa`�+®'�.�o®<,�++++fi.+.� �.M gip.+++.k► v+i;►4�>.���.rfa �A m�. W +. M..++++.®ply ►. ♦+►O...mid►v�+.I►.•7,'IVA®®01�+0+0+0+.+.+0+++++�+��O�a�i•�+1� ►.... f....IV. Y i i , N September 6, 2011 Old Business 8-a _ 1 , 5 � l r 1 _ ,1 � 1 L '%iaYig$� VTw I»pF i I I "� � � A• A l -rs y •a ' i I• t' I i� It i September 6, 2011 Old Business 8-a t allllllll Y �Ililllll 1j f r 1 �rn�r/�ilfrfrff rrrr.. ' I �/Ilrrrr�� r11j, frflr• �I�rrr � �--� 1/rr/r1//rrr\/tr�r1/irrrrrf� i �rriirrlriirl//r/r11/i/rr � rrfl //rr rrrr rrfrr r/�. r!rrri�rlrri�rrrri�rr/ri�rr jffJjjIjJ!/1J1f / �rr�iiirr�iiirriiiii ��i��i11((lf71!!'� Ir! 1 f r/\. 1Vrrlirrr111 ir!-` •rr ._��1_�11� l M:'rrr tr iLli!i '!!•!!rL+i�!!,� r A !! rr tl `,r: X iit-1 Xteq � i"I ii-ir ! r'r f'= _ 11 rI11 \I rH� fYl�f�It �I•H,\`. PIN rNt. r Now MENA I will 1 September 6, 2011 Old Business 8-a 3n of 117 September 6, 2011 Old Business as September 6, 2011 Old Business 8-a September 6, 2011 Old Business 8-a WITHPUll i!�! I`tll 0 sl tit !1 � '1='! ail is +l,6d�iU!yt Ill,i I «. 1 fy tFF 1� ,�i lg�i �lj� i,l 17 i . " if M. it s � I 3 li t i i A € • oilCL F# 9• 'w 1 it if ti ! Igo qIX.01111 kills 1 It oil 0311 ';a ! All a� �^ � � 3 —� / / ' / / ' September 8.2O11 Old Business 8*/ y/P F1 U ,*a,0"=* September 6, 2011 Old Business 8-a 35of117 GradyMinor Civil Engineers - Land Surveyors • Planners • Landscape Architects September 29, 20I0 Mr. William Foley, P.E. South Florida Water Management District 2301 McGregor Boulevard Ft. Myers, FL 33901 RE: Vanderbilt Beach Public Access General Permit Modification to Permit No.11-02410-P (appl no. 041018-13) Dear Mr. Foley: We are submitting the following items for review and approval of a general permit modification for the above referenced project. The modification is for demolition of the existing restroom facilities and construction of new facilities over a small footprint area. l . Joint Application - Section "A" 2. Joint Application - Section "C" 3. Joint Application - Section "E" 4. Surface Water Management Report 5. Construction plans 6. Pollution Prevention Plan 7. Urban Stormwater Management Report S. Letter of Water/Wastewater Availability Letter 9. Aerial photograph (included with SFWMD Plan set) 10. Boundary Survey 11. Species Survey 12. Soil Report 13. Drainage Report 14. FLUCCS Map 15. Ownership Information (deed) 16. Location Map (8.5" x 11") 17. Application Fee (check for $1,500.00) If you should require additional information or have any questions, please do not hesitate to contact our office. Sincerely Michael J. De ate, P. cc: Clint Perryman w/o encl Kris Thoemke w/encl Q. Grady >Vlinor & Associates, P.A. Ph. 239-947-1144 • Ex: 239-947-0375 3800 Via Del Rey EB 0005151 • LB 0005151 P LC 26000266 Bonita Springs, Fl, 34134 wmv.gradyminor.com September 6, 2011 Old Business 8-a SECTION A Are any of the activities described in this application proposed to occur in, on, or over wetlands or other surface waters? ❑ yes ®no Is this application being filed by or on behalf of a government entity or drainage district? ® yes E] no A. Type of Environmental Resource Permit Requested (check at least one) ❑ Noticed General - include information requested in Section B. ❑ Standard General (Single Family Dwelling) -include information requested in Sections C and D. ® Standard General (all other projects) - include information requested in Sections C and E. ❑ Individual (Single Family Dwelling) - include information requested in Sections C and D. ❑ Individual (all other projects) - include information requested in Sections C and E. ❑ Conceptual - include information requested in Sections C and E. ❑ Mitigation Bank Permit (construction) - include Information requested in Section C and F. (if the proposed mitigation bank Involves the construction of a surface water management system requiring another permit defined above, check the appropriate box and submit the information requested by the applicable section.) - El Mitigation Bank (conceptual) - include Information requested in Section C and F. B. Type of activity for which you are applying (check at least one) ❑ Construction or operation of a new system including dredging or filling In, on or over wetlands and other surface.waters. ❑ Alteration or operation of an existing system which was not previously permitted by a WMD or DEP. ® Modification of a system previously permitted by a WMD or DEP. Provide previous permit numbers. 11-02410-P ® Alteration of a system ❑ Extension of permit duration ❑ Abandonment of a system ❑ Construction of additional phases of a system ❑ Removal of a system C. Are you requesting authorization to use State Owned Lands? ❑ yes ® no (if yes include the information requested in Section G.) D. For activities In, on or over wetlands or other surface waters, check type of federal dredge and fill permit requested: ❑ Individual ❑ Programmatic General ❑ General ❑ Nationwide ® Not Applicable E. Are you claiming to qualify for an exemption? Oyes ® no If yes provide rule number if known. diLgaw Form 0971 Section A (0812007) Page 1 of 4 September 6, 2011 Old Business 8-a 37 of 117 OWNER(S) OF LAND ENTITY TO RECEIVE PERMIT (IF OTHER THAN OWNER) NAME Collier County Parks and Recreation Admin NAME ADDRESS 3300 Santa Barbara Blvd. ADDRESS CITY, STATE, ZIP Naples, FL 34116 CITY, STATE, ZIP COMPANY AND TITLE COMPANY AND TITLE TELEPHONE { ) TELEPHONE ( ) FAX ( ) FAX ( ) AGENT AUTHORIZED TO SECURE PERMIT (IF AN CONSULTANT (IF DIFFERENT FROM AGENT) AGENT IS USED) NAME MichaelJ. palate, P.E. NAME COMPANY AND TITLE Q. Grady Minor & Assoc, P.A. COMPANYAND TITLE ADDRESS 3800 Via Del Ray ADDRESS CITY, STATE, ZIP Bonita Springs, FL 34134 CITY, STATE, ZIP TELEPHONE (239•) 947.1144 TELEPHONE ( ) FAX (239) 947-0376 FAX ) Name of project, Including phase if applicable Vanderbilt Beach Pavilllon Facilities Is this application for part of a multi -phase project? ❑ yes ® no 'total applicant -owned area contiguous to the project 5.13 ac Total project area for which a permit is sought 0.096 ac Impervious area for which a permit is sought 0.096 ac What Is the total area (metric equivalent for federally funded projects) of work in, on, or over wetlands or other surface waters? Qacres square feet hectares square meters Number of new boat slips proposed. N/A Project location (use additional sheets, if needed) County(les) Collier Section(s) 32 Township 48S Range 25E Sections) Township Range Land Grant name, if applicable N/ Tax Parcel Identification Number OW68400005 Street address, road, or other location //A City, Zip Code if applicable Form 0971 Sectlon A (0812007) Page 2 of 4 September 6, 2011 Old Business 8-a 38 of 117 Describe in general terms the proposed project, system, or activity. This project involves the modification of the existing Vanderbilt Beach access to include a restroom facility and deck area on the beach and area Improvements to the current roadway drop off area. If there have been any pre -application meetings, including at the project site, with regulatory staff, please list the date(s), location(s), and names of key staff and project representatives. 9/7/2010. Michael Delate, Jessica White & John Polica^rpo Please identify by number any MSSW/Wetland resource/ERP/ACOE Permits pending, issued or denied for projects at the location, and any related enforcement actions. Agency Date NoHype of Application Action Taken SFWMD 5/5/2005 ERP Approved & Constructed for an Environmental Resource Permit. Please provide the names, addresses and zip codes of property owners whose property directly adjoins the project (excluding applicant). Please attach a plan view showing the owner's names and adjoining property lines. Attach additional sheets If necessary. i. 2. 3. 4, 4 Form 0971 Section A (08/2007) Page 3 of 4 September 6, 2011 Old Business 8-a 39-of 11 By.-sIgnin APP 'J'9n I -am. rN;ii .0trOW tq, goo Mel, op c MR` 6 11 AMP lot 0041 qc* i -14 2,�4 M % 17 " 00M,", the I* Ion 1_6,0 f0#111,14T W orMat6nA'­'1$0 tn. ffid'� (9"Rrps 0 9 M, _ q 4-i _210:00 npk:o rMl On a 0 1 6 '4141� Wj. Pil iU t e no q..0 r #het this 110 , % , __ OPT r1s, 44-f-'PIPPTIO wt Ebtlb?•0 _,n P 0 on �5( )A 0 _W d{s5 tfo40 wcBk#iwlbfi. jhyT_­- '�:(61 a A- . of Vbg�qd-bh, bieKif" f 60 th A iIi �pot, neon n' t: e"' 19 Jyf an" I. a WOMWO n' prizes M40forAffio, M vd� 4 q0g,p MI. d f6l0e W.0 hl#6616 A V1 n $,a Jee �3 r -0 lop I lh!6APOP 00. :Michael -Ad Agent is. 0 p Aq §0 04 ZT, 7�Tq-- pstqW�f kp a res e Tr 4,19FO-0 V. 'TF Eitithor' -,Aq g -:M -I 6f a u�or y 1,19-p-ld 'r-thl%P. ",-.ItAr(d16'r-PdP-Fl6tq Ic t TIRM lip §ppPori ,!,Mb A off t W �.28 :-1 st My M1 P a Ply IP-1217 RVOY'Ro , . 6wey It= 1#v.w1yjAl%4tqtorrento 6 61 ,f4 MAI' b a A'd 0 S'* arv.--M 2,­ T i�. , ni _C_ 2. 4 . . ...... 61 0 1 on MiK eMW J�_A -4 1� W;�7 fify A Q A HO P A. K,9 ,V.1t4or A,tho.'Pr P PR n _yd Q0 .00' , _p 9. va Ic A V U Fr ARk V914999Y PP tit P as:ma many Q T T I v 0 - , F, 19 RI W, f0i for g flerns br nh rrn ;I z A 44 'iAi tod jy0o,'qMrid NAY710 if AP, 11 '% R ;J­ P19606 (eW Apomw 1A000:`1 ililrqcO -colildf.,Q, 4.0083ta'l Z I ohle Ma6 60'errient D001J... At', _,v Fdrf�'OWI'Siqfion A v 0/2 , v j: September 6, 2011 Old Business 8-a 40 of 117 SECTION C Environmental Resource Permit Notice of Receipt of Application This Information is required in addition to that required in other sections of the application. Please submit five copies of this notice of receipt of application and all attachments with the other required information. PLEASE SUBMIT ALL INFORMATION ON PAPER NO LARGER THAN 2' x 3'. Project Name: Vanderbilt Beach Pavillion Facilities County: Naples Owner: Collier County Parks & Recreation Admin Applicant: Q. Grady Minor & Associates, P.A. Applicant's Address: 3800 Via Del Rey, Bonita Springs, FL 34134 1. Indicate the project boundaries on a USGS quadrangle map. Attach a location map showing the boundary of the proposed activity. The map should also contain a north arrow and a graphic scale; show Section(s), Township(s), and Range(s); and must be of sufficient detail to allow a person unfamiliar with the site to find It. Please see the enclosed boundary & topographic survey. 2. Provide the names of all wetlands, or other surface waters that would be dredged, filled, impounded, diverted, drained, or would receive discharge (either directly or indirectly), or would otherwise be impacted by the proposed activity, and specify if they are in an Outstanding Florida Water or Aquatic Preserve: N/A 3. Attach a depiction (plan and section views), which clearly shows the works or other facilities proposed to be constructed. Use multiple sheets, if necessary. Use a scale sufficient to show the location and type of works. Please see the enclosed construction plans. 4. Briefly describe the proposed project (such as "construct a deck with boatshelter", "replace two existing culverts", "construct surface water management system to serve 150 acre residential development"): Construction of a restroom facility, and a deck on the beach and improve the current roadway round about drop off area. 5. Specify the acreage of wetlands or other surface waters, If any, that are proposed to be disturbed, filled, excavated, or otherwise impacted by the proposed activity: N/A 6. Provide a brief statement describing any proposed mitigation for impacts to wetlands and other surface waters (attach additional sheets if necessary): N/A FOR AGENCY USE ONLY Application Name: Application Number: Office where the application can be Inspected: lti11It11 Ri. Form 0971 Section C (08/2007) Page 1 of 1 September 6, 2011 Old Business 8-a 41 of 117 SECTION E INFORMATION FOR STANDARD GENERAL, INDIVIDUAL AND CONCEPTUAL ENVIRONMENTAL RESOURCE PERMITS FOR PROJECTS NOT RELATED TO A SINGLE FAMILY DWELLING UNIT Please provide the information requested below if the proposed project requires either a standard general, individual, or conceptual approval environmental resource permit and is not related to an individual, single family dwelling unit, duplex or quadraplex. The information listed below represents the level of information that is usually required to evaluate an application. The level of information required for a specific project will vary depending on the nature and location of the site and the activity proposed. Conceptual approvals generally do not require the same level of detail as a construction permit. However, providing a greater level of detail will reduce the need to submit additional information at a later date. If an item does not apply to your project, proceed to the next item. PLEASE SUBMIT ALL INFORMATION ON PAPER NO LARGER THAN 24" X 36". I. Site Information A. Provide a map(s) of the project area and vicinity delineating USDA/SCS soil types. See attached NRCS Soils Report. B. Provide recent aerials, legible for photointerpretation with a scale of 1" = 400 ft, or more detailed, with project boundaries delineated on the aerial. See the enclosed construction plans where an aerial Is provided. C. Identify the seasonal high water or mean high tide elevation and normal pool or mean low tide elevation for each on site wetland or surface water, including receiving waters into which runoff will be discharged. Include dates, datum, and methods used to determine these elevations. See the enclosed construction plans and engineers report. D. Identify the wet season high water tables at the locations representative of the entire project site. Include dates, datum, and methods used to determine these elevations. See the enclosed construction plans and engineers report. II. Environmental Considerations A. Provide results of any wildlife surveys that have been conducted on the site, and provide any comments pertaining to the project from the Florida Game and Fresh Water Fish Commission and the U.S. Fish and Wildlife Service. See attached listed Species Survey B. Provide a description of how water quantity, quality, hydroperiod, and habitat will be maintained in on -site wetlands and other surface waters that will be preserved or will remain undisturbed. There will be no direct impacts to wetlands. Prior to commencement of construciion, appropriate sitation barriers will be deployed along the boundary of the proiect site with the wetland area. C. Provide a narrative description of any proposed mitigation plans, including purpose, maintenance, monitoring, and construction sequence and techniques, and estimated costs. Because there are no direct wetland Impacts, no mitigation for loss of wetlands will be required. mitigation for the secondary impacts resulting from the Project's Proximity to the mangroves wetlands will be resolved in an upcoming meeting with staff from SFWMD. D. Describe how boundaries of wetlands or other surface waters were determined. If there has ever been a jurisdictional declaratory statement, a formal wetland determination, a formal determination, a validated informal determination, or a revalidated jurisdictional determination, provide the identifying number. A jurisdictional wetland boundary was established at the September 14, 2010 site visit with a biologist from the SFWMD. The line is depcited on the site plan drawing and the FLUCFCS map. E. Impact Summary Tables: Form 0971 Section E (08/2007) Pagel of 11 September 6, 2011 Old Business 8-a 42 of 117 1. For all projects, complete Table 1, 2 and 3 as applicable. N/A 2. For docking facilities or other structures constructed over wetlands or other surface waters, provide the information requested in Table 4. NIA 3. For shoreline stabilization projects, provide the information requested in Table 6. N/A III. Plans Provide clear, detailed plans for the system including specifications, plan (overhead) views, cross sections (with the locations of the cross sections shown on the corresponding plan view), and profile (longitudinal) views of the proposed project. The plans must be signed and sealed by an appropriate registered professional as required by law. Plans must include a scale and a north arrow. These plans should show the following: A. Project area boundary and total land area, including distances and orientation from roads or other land marks; See construction plans. B. Existing land use and land cover (acreage and percentages), and on -site natural communities, including wetlands and other surface waters, aquatic communities, and uplands. Use the Florida Land Use Cover & Classification System (FLUCCS) (Level 3) for projects proposed in the South Florida Water Management District, the St. Johns River Water Management District, and the Suwannee River Water Management District and use the National Wetlands Inventory (NWI) for projects proposed in the Southwest Florida Water Management District. Also identify each community with a unique identification number which must be consistent in all exhibits. See construction plans. C. The existing topography extending at least 100 feet off the project area, and including adjacent wetlands and other surface waters. All topography shall include the location and a description of known benchmarks, referenced to NGVD. For systems waterward of the mean high water (MHW) or seasonal high water lines, show water depths, referenced to mean low water (MLW) in tidal areas or seasonal low water in non -tidal areas, and list the range between MHW and MLW. For docking facilities, indicate the distance to, location of, and depths of the nearest navigational channel and access routes to the channel. See construction plans. D. If the project is in the known flood plain of a stream or other water course, identify the flood plain boundary and approximate flooding elevations; Identify the 100-year flood elevation and floodplain boundary of any lake, stream or other watercourse located on or adjacent to the site; N/A E. The boundaries of wetlands and other surface waters within the project area. Distinguish those wetlands and other surface waters that have been delineated by any binding jurisdictional determination; N/A F. Proposed land use, land cover and natural communities (acreage and percentages), including wetlands and other surface waters, undisturbed uplands, aquatic communities, impervious surfaces, and water management areas. Use the same classification system and community identification number used in III (8) above. See construction fp ans. G. Proposed impacts to wetlands and other surface waters, and any proposed connections/outfalls to other surface waters or wetlands; NIA H. Proposed buffer zones; N/A I. Pre and post -development drainage patterns and basin boundaries showing the direction of flows, including any off -site runoff being routed through or around the system; and connections between wetlands and other surface waters; See construction plans. J. Location of all water management areas with details of size, side slopes, and designed water depths; See construction plans. Form 0971 Section E (0812007) Page 2 of 11 September 6, 2011 Old Business 8-a 43 of 117 K. Location and details of all water control structures, control elevations, any seasonal water level regulation schedules; and the location and description of benchmarks (minimum of one benchmark per structure); See construction plans. L. Location, dimensions and elevations of all proposed structures, including docks, seawalls, utility lines, roads, and buildings; See construction plans. M. Location, size, and design capacity of the internal water management facilities; See construction plans. N. Rights -of -way and easements for the system, including all on -site and off -site areas to be reserved for water management purposes, and rights -of -way and easements for the existing drainage system, if any; See construction plans. O. Receiving waters or surface water management systems into which runoff from the developed site will be discharged; See construction plans. P. Location and details of the erosion, sediment and turbidity control measures to be implemented during each phase of construction and all permanent control measures to be implemented in post -development conditions; See construction plans. Q. Location, grading, design water levels, and planting details of all mitigation areas; N/A R. Site grading details, including perimeter site grading; See construction plans. S. Disposal site for any excavated material, including temporary and permanent disposal sites; N/A T. Dewatering plan details; N/A U. For marina facilities, locations of any sewage pumpout facilities, fueling facilities, boat repair and maintenance facilities, and fish cleaning stations; N/A V. Location and description of any nearby existing offsite features which might be affected by the proposed construction or development such as stormwater management ponds, buildings or other structures, wetlands or other surface waters. See construction plans. W, For phased projects, provide a master development plan. N/A IV. Construction Schedule and Techniques Provide a construction schedule, and a description of construction techniques, sequencing and equipment. This information should specifically include the following: A. Method for installing any pilings or seawall slabs; N/A B. Schedule of implementation of a temporary or permanent erosion and turbidity control measures; See plans and the stormwater pollution prevention plan. C. For projects that involve dredging or excavation in wetlands or other surface waters, describe the method of excavation, and the type of material to be excavated; N/A D. For projects that involve fill in wetlands or other surface waters, describe the source and type of fill material to be used. For shoreline stabilization projects that involve the installation of riprap, state how these materials are to be placed, (i.e., individually or with heavy equipment) and whether the rocks will be underlain with filter cloth; N/A Form 0971 Section E (08/2007) Page 3 of 11 � m September 6, 2011 Old Business 8-a 44 of 117 E. If dewatering is required, detail the dewatering proposal including the methods that are proposed to contain the discharge, methods of isolating dewatering areas, and indicate the period dewatering structures will be in place (Note: a consumptive use or water use permit may by required); N/A F. Methods for transporting equipment and materials to and from the work site. if barges are required for access, provide the low water depths and draft of the fully loaded barge; and See construction plans. G. Demolition plan for any existing structures to be removed; NIA H. Identify the schedule and party responsible for completing monitoring, record drawings, and as -built certifications for the project when completed. See construction plans. V. Drainage Information A. Provide pre -development and post -development drainage calculations, signed and sealed by an appropriate registered professional, as follows: 1. Runoff characteristics, including area, runoff curve number or runoff coefficient, and time of concentration for each drainage basin; See the plans and engineering report. 2. Water table elevations (normal and seasonal high) including aerial extent and magnitude of any proposed water table drawdown; See the plans and engineering report. 3. Receiving water elevations (normal, wet season, design storm); See the plans and engineering report. 4. Design storms used including rainfall depth, duration, frequency, and distribution; See the plans and engineering report. 5. Runoff hydrograph(s) for each drainage basin, for all required design storm event(s); See the plans and engineering report. 6. Stage -storage computations for any area such as a reservoir, close basin, detention area, or channel, used in storage routing; See the plans and engineering report. 7. Stage -discharge computations for any storage areas at a selected control point, such as control structure or natural restriction; See the plans and engineering report. 8. Flood routings through on -site conveyance and storage areas; See the plans and engineering report. 9. Water surface profiles in the primary drainage system for each required design storm event(s); See the plans and engineering report. 10. Runoff peak rates and volumes discharged from the system for each required design storm event(s); and See the plans and engineering report. 11. Tail water history and justification (time and elevation); See the plans and engineering report. 12. Pump specifications and operating curves for range of possible operating conditions (if used in system). NIA B. Provide the results of any percolation tests, where appropriate, and soil borings that are representative of the actual site conditions; See report from CME. C. Provide the acreage, and percentages of the total project, of the following: impervious surfaces, excluding wetlands, See construction plans and engineers report Form 0971 Section E (0812007) Penn d f ,-14 September 6, 2011 Old Business 8-a 45 of 117 pervious surfaces (green areas, not including wetlands), See construction plans and engineers report lakes, canals, retention areas, other open water areas, See construction plans and engineers report wetlands; NIA D. Provide an engineering analysis of floodplain storage and conveyance (if applicable), including: 1. Hydraulic calculations for all proposed traversing works; N/A 2. Backwater water surface profiles showing upstream impact of traversing works; N/A 3. Location and volume of encroachment within regulated floodplain(s); and N/A 4. Plan for compensating floodplain storage, if necessary, and calculations required for determining minimum building and road flood elevations. NIA E. Provide an analysis of the water quality treatment system including: A description of the proposed stormwater treatment methodology that addresses the type of treatment, pollution abatement volumes, and recovery analysis; and See construction plans and engineers report Construction plans and calculations that address stage -storage and design elevations, which demonstrate compliance with the appropriate water quality treatment criteria. See construction Plans and engineers report F. Provide a description of the engineering methodology, assumptions and references for the parameters listed above, and a copy of all such computations, engineering plans, and specifications used to analyze the system. If a computer program is used for the analysis, provide the name of the program, a description of the program, Input and output data, two diskette copies, if available, and justification for model selection. See construction plans and engineers report VI. Operation and Maintenance and Legal Documentation A. Describe the overall maintenance and operation schedule for the proposed system. See Storm Water Pollution Prevention Plan and Urban Stormwater Management Program. B. Identify the entity that will be responsible for operating and maintaining the system in perpetuity if different than the permittee, a draft document enumerating the enforceable affirmative obligations on the entity to properly operate and maintain the system for its expected life, and documentation of the entity's financial responsibility for long term maintenance. If the proposed operation and maintenance entity is not a property owner's association, provide proof of the existence of an entity, or the future acceptance of the system by an entity which will operate and maintain the system. If a property owner's association is the proposed operation and maintenance entity, provide copies of the articles of incorporation for the association and copies of the declaration, restrictive covenants, deed restrictions, or other operational documents that assign responsibility for the operation and maintenance of the system. Provide information ensuring the continued adequate access to the system for maintenance purposes. Before transfer of the system to the operating entity will be approved, the permittee must document that the transferee will be bound by all terms and conditions of the permit. See plans and Urban Stormwater Management Program. C. Provide copies of all proposed conservation easements, storm water management system easements, property owner's association documents, and plats for the property containing the proposed system. N/A D. Provide indication of how water and waste water service will be supplied. Letters of commitment from off -site suppliers must be included. See enclosed availability letter. Form 0971 Section E (08/2007) Page 5 of 11 September 6, 2011 Old Business 8-a 46 of 117 E. Provide a copy of the boundary survey and/or legal description and acreage of the total land area of contigous property owned/controlled the applicant. See enclosed boundary survey VII. Water Use A. Will the surface water system be used for water supply, including landscape irrigation, or recreation. No B. If a Consumptive Use or Water Use permit has been issued for the project, state the permit number. N/A C. If no Consumptive Use or Water Use permit has been issued for the project, indicate if such a permit will be required and when the application for a permit will be submitted. N/A D. Indicate how any existing wells located within the project site will be utilized or abandoned. N/A M00AM-9,- Form 0971 Section E (0812007) Page 6 of 11 z H W U Q u_ w I— O 0 z Q t� z F- w O Q. W z O J m Q E— z O F- Qo (9- F- w Ud O F- w5� zwo QN w a ED w 0 a �w U d0 � U <�F- Uw 0 06 < d� w V)w F- LU U) F- H 60C) � w 06 N W J � U� xs�? J p� a0 September 6, 2011 Old Business 8-a 47 of 117 ti 0 0 N 0 w c 0 U v U) m 0 E `o W J m Q C9a af z O Q w a Q w w d > 4� J (W 0 fY Q W a. a Q w Q > w Q z� 15w V) �of w Q W w W LL' 2 w U Z 4 z Q w W Q Z W w O C9 Q Q O w w Q w Q wj O4 a- Q� F— W U U a ll! Q z O U cn Q U U— Q O� F- a 0 V) z w O U O O E September 6, 2011 Old Business 8-a 48 of 117 } Q g a U) z O Q U' P w F- w O ►- c,� w O w a_ W w z F w [0 Ww c� a. Q� of F w z Q w a Q> z� a -a � a � Q w ow z> �w W 1- U) a Of F z W W w U z = z w w Q z F ww O c9 a O F Ltl w Q LLI Q ww z O Oa aN Q ~ w U Q w Q z O F cn Q Ll UJ W Q C7 O F F a0 ire F z w O U 0 E V, N .O N Gl C m E 0 September 6, 2011 Old Business 8-a 49 of 117 w N a Table 4: September 6, 2011 Old Business 8-a 50 of 117 IF YOU ARE CONSTRUCTING A DOCKING FACILITY, PLEASE PROVIDE THE FOLLOWING Structures Type of Work` Length" Width" Height" Total Sq. ft. over water # Proposed Slips # Existing Slips Docks/Piers/Number. Finger Piers/Number: Other Water Structures: Total: "Type of Work N-New "!n Feet Use of Structure Will the docking facility provide: Livaboard Slips? If yes, Number: Fueling Facilities: If yes, Number: R-Replaced O-Other RR -Removed A-Altered/Modified Sewage Pump -out Facilities? If yes, Number: Other Supplies or Services Required for Boating (excluding refreshments, bait and tackle) ❑ Yes ❑ No Type of Materials for Docking and Pilings (i.e., CCA, pressure healed wood, plastic, or concrete) Pilings Docking Proposed Dock Plank Spacing (if applicable): Proposed Size (length and draft), Type, and Number of Boats Expected to Use or Proposed to be Mooring at the facility): Form 0971 Section E (08/2007) Page 10 of 11 September 6, 2011 Old Business 8-a 51 of 117 Table 5: SHORELINE STABILIZATION IF YOU ARE CONSTRUCTING A SHORELINE STABILIZATION PROJECT, PLEASE PROVIDE THE FOLLOWING: Stabilization H: V: Vertical Seawall Seawall + Rip Rap Rip Rap Rip Rap + Vegetalion Other Shoreline Stabilization Type Size of Rip Rap Type of Rip Rap Form 0971 Section E (0812007) Page 11 of 11 SeDtember 6, 2011 n L mow, a3m Zti99.8V of luewpuewV sueld tuOwdolOAOa Otis "'� a °R�' kM -3M � oftiuq Builmj gouog jirgxopuun aoui up) !�( .0 0 00 0.. 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Fi ll t il! i i!�I i1 � i i� �� i �j � 'i i, �'(• � ;'" � iil�ll � 1 i�i1�;1 I° lii I i W i r i Ails is i� t 1n ! i1l�,li i ii:l;� I� 1��'l;i; i fill > Y3 I !ii•iii;l� ^i I. s,llli ° A I i i 1 1 11'r s i t• �!I Ili' r r': i Ifll I1 i; iIt r'1 lii iir, :7 ij' it 3: fill 1 it i. GII . li .lil INr flat 1 �1I'�-r rein ail i b. Ills �:I is p � S d 1 1 �Ir• �� .�i, 9j i qilcf Bosine 60 f;I 1 -- - --- - ---- 94 fig Jill HI. H!j, HI } O1ft*11(6W—qd NKld NOiLYYQIOit.7 i ZIlY£ M14f4m W1115190WAN$ �-Pdl d HOVUVO VJ HOY9917 ONVA 4 111,91t; Mom COASTAL ENGINEERING INONSULTANTS ln�A_ A CEC! GROUP COMPANY October 1, 2010 Mr. Mike Sawyer, APA Zoning and Land Development Review Collier County Government 2800 N. Horseshoe Drive Naples, FL 34104 September 6, 2011 Old Business 8-a 63 of 117 CECI Group Services Civil Engineering Planning Services Survey & Mapping Coastol Engineering Real Estate Services Website: www.cooslalengineering.com RE: Vanderbilt Beach Parking Garage Site Development Plan Amendment (SDPA); PL#2010.1534 Folio # 00168400005; Naples, FL CEC No. 09.051 Dear Mr. Sawyer: On behalf of Collier County Coastal Zone Management Department enclosed is the proposed SDPA for the Vanderbilt Beach Parking Garage (SDP.2004.AR.6642) for the proposed Vanderbilt Beach Restroom & Concession project, located within Section 32, Township 48 South, Range 25 East, Collier County Florida. The purpose of the proposed SDPA is for the constwetion of an elevated beach restroom and concession building as well as the redesign of the roundabout. The following are enclosed: 1. Cover Letter (12 copies) 2. SDPA Application, signed (12 copies) 3. Pre -Application Meeting Notes (12 copies) 4. Site Development Plans, signed and sealed (12 copies) 5. PUD Document on CD (1 copy) 6. Addressing Checklist (1 copy) 7. PUD Commitments (12 copies) 8. Site Development Plans for Architectural Review (1 copy) 9. Site Development Plans for Pelican Bay Services District (1 copy) 10. Native vegetation retention/mitigation plan (see Landscape plans) 11. Site clearing/vegetation inventory (see Landscape plans) I:WATAV00910905l�S1)PA1Submitlal Documents109051 Cover Letter 20100914.doo 3106 S. Horseshoe Drive, Naples, Florida 34104-6137 - Phone (239) 643-2324 Fox (239) 643-1143 - E-Mail: info@cecili.com SE'RVING FLORIDA SINCE' 1977 Mr. Mike Sawyer, APA October 1, 2010 Page 2 of 3 September 6, 2011 Old Business 8-a 64 of 117 12. Aerial W/FLUCCS codes (12 copies) 13. Preserve management plan (see SDPA plan set) 14. Boundary & Topographic Survey (7 copies, I signed and sealed) 15. Opinion of Title/Property Owner Statement/Affidavit (1 copy) 16. Notarized Letter of Authorization/Affidavit (1 copy) 17. Recorded Deed (2 copies) 18. PUD Monitoring Report (4 copies) 19. Property ID Number and Legal (see SDPA plan set) 20. Fee Calculation Worksheet, signed (1 copy) 21. Site Development Plans on CDROM Disc (1 copy) 22. Landscape and Irrigation Plans, signed and sealed (7 copies) 23. Architectural Plans (6 copies) 24. Drainage Calculations, signed and sealed (3 copies) 25. Estimated Cost of Construction, signed and sealed (I copy) 26. SFWMD Permit (3 copies) 27. Engineer's Report, signed and sealed (4 copies) 28. Hydraulic Grade Line Pipe Calculations (1 copy) 29. Engineering Review Checklist, signed (1 copy) 30. Estimated Cost of Utilities Construction (see estimated cost of construction) 31. Engineer's Report/Sewer Hydraulics, etc., signed/sealed (3 copies) 32. Water & Sewer Availability Letter (1 copy) 33. DEP Utility Installation Permits (1 copy) 34. Fixture Count (see Architectural Plans) 35. Utility Review Checklist (i copy) 36. Traffic Letter (7 copies) 37. Right -of -Way permit application (1 copy) 38. Approved wetland jurisdiction lines (see SDPA plan set) 39. Fire Flow Test (2 copies) 40, Location of existing and proposed fire hydrants (see SDPA plan set) 41. Standard Building Code Information (see SDPA plan set) L-IDATA120091090511SDPALYubntittal DocuntentsIO9051 Cover Letter 20100914.doc Mr. Mike Sawyer, APA October 1, 2010 Page 3 of 3 42. Packet containing information & exhibits presented to BCC (12 copies) 43. Pelican Bay Agreement (12 copies) 44, Inter -Departmental Transfer of Funds Memorandum for Submittal Fees Please contact me with any questions you may have. Sincerely, COASTA ENG NEERING ONSULTANTS, INC. Michael T. oTRE.Vice Presidenering Enclosures 1; IDATA120091090511SDPA1Submutal Docirinenls109051 CoverLeuer 20100914,doc September 6, 2011 Old Business 8-a 65of117 ��^-++^�September 6, 2011 VtJ Y County Old Business 8-a 66 of 117 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION 239) 252-2400 FAX (239) 252-6358 www.colliergov.net SITE DEVELOPMENT PLAN AMENDMENT APPLICATION PROJECT NUMBER PROJECT NAME For Staff Use DATE PROCESSED APPLICANT / OWNER INFORMATION AGENT: Michael T. P FIRM: Coastal Engineering Consultants Inc ADDRESS: 3106 South Horseshoe Drive Naples, FL 34104 PHONE # (239) 643-232A CELL # FAX # 3643-4364 E-MAILADDRESS mgoffC0)ceciflfrom OWNER(S) NAME: Collier County Board of County Commissloners ADDRESS: 3301 Eost Tamlaml Trail Naples FL 34112 PHONE # (239) 252-8097 CELL # FAX # E-MAILADDRESS DESCRIPTION OF PROPOSED AMENDMENT (DESCRIBE SPECIFICALLY AND COMPLETELY THE CHANGES PROPOSED BY THIS AMENDMENT. USE ADDITIONAL PAGES If NECESSARY): Demolition of the existing restroom facility to replace it with a raised deck area with restrooms and consession stand. The roundabout will also be improved by replacing the existing �pavement with pavers and other architectural features. PROPERTY LOCATION SITE ADDRESS 100 Vanderbilt Beach Road SECTION/TOWNSHIP/RANGE: $2/4_S/2_5E CURRENT ZONING OF PROPERTY PUD (Pelican Bay) PROPERTY I.D.# 00168400005 SUBDIVISION NAME: UNIT BLOCK LOT TOTAL AREA OF PROJECT 4.88 ocreORIGINAL SDP # OR AR/PL # SDP-2004-AR-6642 NOTE: This application, ofong wilh the pre -application notes and any additional information required and noted thereon, shall be submitted to the coordinating planner (with required # of sets of revised plans) for a sufficiency determination prior to distribution to the appropriate review staff. The appropriate amendment review process shalt be determined at the pre -application meeting and shall depend upon the scope and effects of the proposed amendment(s). Please refer to Pre -application meeting notes for submittal requirements and fees. September 6, 2011 Old Business 8-a 67 of 117 Co°(1'ie-r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX (239) 252-6368 MOw.colllergov.net SITE DEVELOPMENT PLAN (SDP) APPLICATION, (SDPA) APPLICATION SUBMITTAL CHECKLIST THiS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH THE APPLICATION PACKET • ITEMS MUST BE IN THE EXACT ORDER LISTED BELOW • A COVER SHEET MUST BE ATTACHED TO EACH SECTION NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS # OF NO COPIES REQUIRED I REQUI STANDARD REQUIREMENTS:oil I Cover letter briefly exploining the project 2 X SDP application (completed & sl ned 1 X Site Development Plan (signed & sealed including cover sheet (LDC 10.02.03.B.i.b.) 12 X PUD document if zoned PUD dr Conditional Use on I Addressing Checklist 1 X PUD Commitments per LDC Amendment Ord, No. 08-63, Sec 10.02.02.1-1 12 X ADDITIONAL COPIES OF SITE PLANS, as needed: i Architectural Review is required - 1 addillonal set T Located in Pelican Bay Services District - I additional set i Located in the Buys hore/Galeway Triangle Redevelopment Area - 1 additional set i Located within the RFMUD or RLSAO areas - i additional set i Affordable Housing project - i additional set I School Board Review, If residential I **TO BE INCLUDED ON SITE PLANS: Native vegetation retention mils ation plan, Section 3.05.07.E **12 X Sire clearing Ian ve elallon Inventory, LDC 10.02.03.B.1.i.xii, LDC 10.02.03.B.l.d. **12 X If clearing or filling outside Infrastructure Is requested, differentiate on site clearing plan (using hatching and legend) the Infrastructure clearing, stockpile, and lot prep clearing as allowed by VRSFP regulations. Provide separate acreage calculations for each type of clearing requested (LDC 4.06.04 A **12 Aerlal photographs (taken within the previous 12 months min. scaled 1 "=200'), showing FLUCCS Codes, Legend, and project boundary Preserve management plan **12 **12 X ZONING: Boundary & topographic survey (1 of 7 signed & sealed) per CDC 10.02.03.8.1.b.il, a LESS THAN 6 MONTHS OLD 7 X Including opinion of title or property owner statement/Affidavlt per LDC 10.02.03.8.1.b.ii, e i X Notarized letter of aufhorizotion from property owner designating applicant as agent (LDC 10.02.03.B.i.a) I X Recorded Deed or contract for sale (LDC 10.02.03.B.1.a.) (non -recorded deeds or Property Appraiser rinl-outs will not be accepted) 2 X PUD monitoring report 4 Property ID number and legal description I X Fee Calculation Worksheet & Review fees, signed i X September 6, 2011 Old Business 8-a 68 of 117 Co'11e-r County COLLIER COUNTY GOVERNMENT 2000 NORTH HORSESHOE DRIVE: GROWTH MANAGEMENT DIVISIONf NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239} 252-2400 FAX (239) 252-6358 www.collieraov.net GIS: Copy of Site Development Plans (DWG or DFX format) on CDROM disc in Stale Plane NAD83 feet Florida Ease Coordinates (LDC 10.02.03.B.l.b.I11) 1 X LANDSCAPE & IRRIGATION REVIEW; Landscape Plans (signed & sealed LDC 10.02.03. B.l.c. LDC 4.06 7 X krl anon Plans (LDC 10.02.03.B.1.c LDC 4.06) 7 X ARCHITECTURAL OR NON•ARCHIT ECTURAL REVIEW: For projects subject to Architectural Review: Architectural plans must be 1/8" scale minimum (signed & sealed), including 1 color rendering, (LDC i0.02.03.B.l3l.f.) Includingi 6 ✓ Every Fagade of each building must be shown on Architectural plans ✓ Building cross sections or typical wall sections (LDC 5.05.08.C.10 and LDC 05.08.E.3) ✓ Dumpster deiallst height, material and color (LDC 5.05.08,E.3) ✓ Light pate details or cut sheen height, material and color (LDC 5.05.08,E.6) ✓ Color paint chips and roof color paint chips or samples (LDC 5.05.08.C.5.a) ✓ Floor plans and building elevations Ll This project qualifies for a separate "Alternative Architectural Design" submittal per 5.05.08.F. Additional fees $500.00) and submittal application Is required. For projects not subject to Architectural Review: For projects not requiring architectural revlewi Floor plans and elevations with dimensions. This Information, showing floor area by use, Is Intended only to determine that the use Is compatible b with the zoning, establish parking requirements, and show building height measurements meeting Code. Full architectural or construction drawings are not needed. Simple floor plans & building }n elevations w/ dimensions. This Information, showing floor alga by usp; Is intended Qny to " detennlne that the use is compatible with the zoning establish parking re ulrements and show (/ building height meeting Code. If tire project is io subject to Architectural Code review, floor area use may be shown on the site plan and the building height shown on simple elevations, either on the site plan as an Inset or on a separate sheet -- full architectural or construction drawings are not needed. ENGINEERING STORMWATER: Drainage calculations signed & sealed by a professional engineer licensed in the State of Florida ✓ 3 Esilmaled cost of construction of Roadways, Paying & Drainage 1 SFWMD permit, permit modification, or waiver (LDC I0.02.03.B,I.).) including staff report 3 exhibits Engineer's Report with Assumptions & Explanations per Ord. 2001-57 Include 25-year 3-day 4 r storm routing Excovatfon permit application i Hydraulic Grade line Pipe calculations for culverts 1 Li hiln Plan multi•fomll 1 ✓ Engineering Review Checklist Signed b a Professional Engineer 1 UTILITIES: Estimoled cost of utilities construction, Water & Sewer calculations signed & sealed by a 1 Professional Engineer licensed In the State of Florida IF COLLIER COUNTY - Engineer's Report, signed & sealed, containing the followings ✓ Sewer Hydraulics 3 / ✓ Lift station hydraulics to first downstream master station ✓ Lift station buoyancy calculations ✓ Chlorantine Dissipation Report ✓ Fixture Count Water and/or Sewer availability loiter 1 Fixture Count 1 DEP utility installation permits water sewer LDC 10.02.03.6.1. ,i 1 1 Utility Review Checklist r September 6, 2011 Old Business 8-a 69 of 117 f cor tiev C01414ty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISIONI NAPLES, FLORIDA 34904 PLA14NING AND REGULATION (239) 252-2400 FAX (239) 252-6358 www.coll iergov.net TRANSPORTATION: Traffic Analysis Copy of Traffic Impact Statement (TIS) on CDROM 3 Rl h1-of-Way permit application (Count FDOT) 1 ENVIRONMENTAL: Environment Impact Statement — rinied co les Environment Impact Statement in electronic format 2 1 �r Original conservation easement document Including signed and sealed legal description and boundarysurvey For reserve — Include protective language,sketch and description in Y P A p construction tans contact review staff for current version allach cover letter to documents) 1 „} r Y r ! Iry listed Species Survey; less than 12 months old, include copies of previous surveys 2 c 11 ) Vegetation Removal & S116 Fill Permit application 1 USACOE permit and exhibits, LDC 10.02.03.13.1.. 1 -Approved wetland jurisdictional lines less than 3 years old 1 A ency acts led UMAM WRAP scores FIRE: 1 Fire Flow Test from Fire Department no more than 6 months old), JLDC 10.02.03.8.1.b.1t. d 11 2 Location of existing and proposed fire hydrants 2 Information in the Standard Building Code, type of construction, total square footage under roof, occvpancy/use, fire sprinkler data (NFPA 1141), (LDC 10.02.03.B.1.li.d.) PLEASE INCLUDE THIS INFORMATION ON EITHER THE COVER PAGE OR SHEET 1 OF THE SiTE PLANS 2 COA: Completed Certificate of Adequate Public Facilities Application (LDC10.02.07), including the application fee and estimated Transportation Impact Fee calculations. 2 Review by Uillil Billitt is re vired for verification of Irasft container re virements X IF located In RFMIJ,RurajFringe Mixed Use) Receiving Land Areast Applicant must contact Mr. Gerry J. Locavera, State of Florida Division of Forestry @ 239-690.3500 for information regarding "Wildfire Mitigation & Prevention Plan", LDC Section 2.03.08. A. 2.a. (b) i.c. 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IIL' !:I ti i otta ►tc (�cz) ova rma r+ottrn�o oo a C I i►E 7d %M&A 7N1NHY1NO1QAN9 {!( ]s S 'BiF%ITS WEE i 9 111,16 : d! 4� a.� xovantueaad�vn is r all le =gym September 6, 2011 Old Business 8-a 81 of 117 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF BEACHES AND COASTAL SYSTEMS June 23, 2011 In re: Petition for Variance Collier County RE: 62B-33.005(8) PETITION FOR VARIANCE FROM 62B-33.005(8) VANDERBILT BEACH RESTROOM AND CONCESSION FDEP FILE#CO-922 Collier County (Petitioner) is seeking a variance from Florida Statutes (F.S.), 62B- 33.005(8) Florida Administrative Code (FAC) in accordance with Chapter 120.542 and Section 28-104, FAC for the construction of beach access improvements on County - owned property located at the western end of Vanderbilt Beach Road including: Demolishing and removing an existing restroom, ramps and pump station and constructing a new elevated restroom building (23'x34'), elevated concession building (15'x28') and elevated deck (45'x65') that includes including handicap ramps and stairways. At ground level, a paver patio will be constructed beneath a portion of the elevated structure along with a concrete access drive to a dumpster area below the proposed buildings. Two concrete shower pads (10'x6' and 6'x6') will also be constructed at ground level. A dry detention area (30'x32') will be construction below the restroom building with a retaining wall surrounding the dry detention area and along the concrete driveway. The existing roundabout at the west end of Vanderbilt Beach Road will be demolished and reconfigured. The reconfigured roundabout will consist of a new paver drive with Type "A" and Type "D" concrete curbs, new paver sidewalks, a decorative paver center island, and relocated light poles and bike racks. Existing vegetation will be removed in the area of construction of the new elevated buildings and deck, dry detention area and access driveway. Exotic vegetation will be removed, supplemental planting of low lying native dune vegetation will be provided within the existing isolated vegetated areas on and seaward of the subject property, and woody native dune species will be planted within the existing dune area south of the buildings on the subject property. Silt fences will be placed around all areas of construction to protect existing vegetation and surrounding areas. Vanderbilt Beach Restroom & Concession CCCL Variance September 6, 2011 Old Business 8-a June 2P2,MPP7 This variance is being requested because the Department has taken the position that the project is proposed to be constructed on a frontal dune as defined in 161.053(6)(a)l. and such construction is inconsistent with 62B-33.005(8) which states, "Major structures shall be located a sufficient distance landward of the beach and frontal dune to permit natural shoreline fluctuations, to preserve and protect beach and dyne system stability, and to allow natural recovery to occur following storm -induced erosion. " Petitioner requests a variance to allow construction of the improvements as proposed and interpreted by the Department as occurring on the "frontal dune". This petition only requests waiver from 62B-33.005(8) and does not request waiving any other criteria as the proposed improvements meet all other criteria set forth in 62B-33.005. To satisfy the requirements of a variance request, pursuant to 120.542, F.S. and 28-104, F.A.C., the following information is provided: 1. Rule 62B-33.005(8) F.A.C. was adopted pursuant to Chapter 161.053, F.S. 2. The requested variance will serve the purpose of the underlying statute for the following reasons: • The proposed project will not jeopardize the stability of the beach -dune system or accelerate erosion Based on the Mean High Water positions for 1973, 1995 (pre - construction, initial restoration), 1996 (post-constuction, initial restoration), 2005 (pre -construction, first renourishment) and 2009 (most recent), the proposed structures are located landward of the landward -most limits of historical beach and dune fluctuations. Profile comparisons demonstrate that this site has remained stable, experiencing minor erosion that has been offset by the County's beach erosion control projects. The proposed structures are well landward of the shoreline; therefore, they will not affect shoreline fluctuations or accelerate erosion. The proposed structures are landward of the beach; they will not impact the beach. Any dune recovery will take place primarily at the seaward face of the frontal dune and towards the water. Since the proposed structures are landward of that location, they will not impact or slow dune recovery. The trapping of wind blown sand by coastal vegetation is the primary natural mechanism for dune recovery. However, that process takes a very long time. The proposed project will accelerate dune recovery since the petitioner is proposing to reduce the existing 90-foot gap in the dune [which accommodates the existing public access and emergency vehicle access to the beach, beach maintenance (debris removal and beach raking), and construction access and staging area for the County's beach erosion control project renourishment events] to 30 feet by creating new dune areas totaling 2,500 square feet by placement of beach compatible sand and planting these areas with native dune vegetation. • The proposed project will provide adequate protection to upland structures and will not endanger adjacent properties. The proposed structures are designed to meet ADA requirements and are pile supported which will serve to protect the proposed structures during storm events. There is existing adjacent infrastructure [round -about Vanderbilt Beach Restroom & Concession CCCL Variance September 6, 2011 Old Business 8-a June 2 P,3M11P 7 access on Vanderbilt Beach Road right-of-way and Collier County Parks and Recreation Parking Structure (garage)] to support the proposed structures for public use. The proposed project will not endanger these adjacent properties. • The proposed project will increase pedestrian accessibility to this existing beach access as well as enhance its recreational value. • The proposed project is upland of the sea turtle nesting beach • Mitigation is proposed to offset impacts to the existing vegetation that will be removed as part of the proposed construction. Exotic vegetation will be removed from existing dune areas on the subject property and adjacent right-of-way. Three new dune areas will be created (total s.f. = 2,500) and planted with native dune vegetation. Within the existing dune area immediately south of the project site on the petitioner's property, the dune area will be enhanced by planting woody native dune plants (primarily sea grape). • Frontal dune is defined in 161.053(6)(a) 1. as "the first natural or manmade mound or bluff of sand which is located landward of the beach and which has sufficient vegetation, height, continuity, and configuration to offer protective value." The petitioner does not dispute that the proposed project encroaches into the frontal dune; but that the proposed project's foundation is landward of the crest of the dune. The petitioner contends that: a. the continuity of the fiontal dune is interrupted by an existing —90-foot gap; b. the only statutory or rule prohibition against construction on a frontal dune is in the limited circumstance where construction of a single family dwelling is permitted seaward of the 30 year erosion projection; and, c. there is no express statutory prohibition against construction on a frontal dune landward of the 30 year erosion projection, so long as the proposed construction does not destabilize the frontal dune or otherwise adversely impact the beach - dune system. 3. The petitioner contends that the Department's application of the Rule would create a "substantial hardship". Substantial hardship is defined as "a demonstrated economic, technological, legal, or other type of hardship to the person requesting the variance". A denial of this variance would result in the following: • Reduction of tax revenue via access fees. • Loss of Tourist Development Council funds for improvements to the existing beach access. • Limitation of public access to a publicly owned facility: Discourages/limits recreational use of a public beach even though there is adequate public parking (an existing 2 story parking garage) on site. • Inadequate restroom facilities: The proposed restroom provides the minimal facilities required for the cut -tent and future beach access. The proposed restroom Vanderbilt Beach Restroom & Concession CCCL Variance September 6, 2011 Old Business 8-a June 2 P,42#11117 is 800 square feet and provides a total of 6 toilets for women and 2 urinals and 2 toilets for men. • Inadequate safeguards for the public utilizing the beach: The current facility provides no temporary refuge from storms. The proposed deck understory will provide sun and heat protection and refuge for visitors during sudden thunderstorms. This is especially important given the County's aging population which includes increasing numbers of individuals with health problems and limited mobility. • Continued degradation of the dune via pedestrian impacts. 4. Approval of this variance would result in the following: • Beach access amenities that comply with ADA requirements. • Enhance public beach access, and the recreational use thereof. • Creation of pedestrian corridors to limit impacts to surrounding dune and vegetation. • Preservation of the existing mangrove wetland and tidally flushed embayment located landward of the proposed structures. • Creation of 2,500 sq. ft of new dune areas planted with native dune vegetation. • Removal of exotic vegetation from existing dune areas. • Supplemental planting of woody native dune plantings in existing areas that are currently sparsely vegetated and in areas where existing exotic vegetation will be removed. • Provide uninterrupted and safe ADA access and viewing. • Relocation of existing concessioner from the beach to a location upland of the active beach -dune system with restoration of the adjacent remnant dune feature. 5. The petitioner contends that the Department's application of the Rule would create a violation of principles of fairness insofar as: • The proposed structure lies landward of the uniform line of construction established by the multiple major structures as well as minor structures (e.g. decks, stairs, ramps, pools) located north of the subject property immediately contiguous and adjacent to the subject property including but not limited to the Beachmoor Condominium and the Vanderbilt Beach Motel. • There are no other County owned oceanfront properties available to expand beach access to the north -central county public/visitors. • The proposed restroom will be the smallest of the County's beachfront public access facilities. It is smaller than the private facilities located to the south including the Ritz Carlton and Pelican Bay developments, both of which have beachfront facilities that are sited in the approximate same positions with respect to Mean High Water, Seasonal High Water, and frontal dune. • There is no alternative for siting the proposed improvements more landward. a. The location, shape, and setback of the proposed deck and foundation were constrained by the unique shape of the existing Preserve Area. The original siting of the proposed structure was as far landward as allowed by County Vanderbilt Beach Restroom & Concession CCCL Variance September 6, 2011 Old Business 8-a June 2q5 2bI i7 zoning regulations without a variance from the required 10-foot setback from the Preserve Line. The County's Natural Resources staff is coordinating approval from the Collier County Board of County Commissioners (BOCC) for a waiver to the Land Development Code requirement for a 10' setback from the existing Preserve Line. With BOCC approval, the entire proposed facility (deck, ramps, stairs, etc) will be shifted landward by ten feet. This shift results in a minor impact to the existing mangrove wetlands (-280 sq. ft.) which will be offset by a mitigation plan that will be reviewed and permitted by both the South Florida Water Management District (SFWMD) and the U.S. Army Corps of Engineers (USACE) through the existing Environmental Resource Permit (ERP) application in process. b. The deck area was modified to produce a more symmetrical look, allowing the desired uses to remain, while pulling back the southwest corner of the deck/stairs by four feet in a landward direction. Combined with the above described shift, the proposed deck's southwest protrusion has been shifted a total of fourteen feet landward. c. The foundation was redesigned to provide a cantilevered deck with all pilings located on the landward side of the frontal dune crest. • The applicant has provided a number of design modifications to minimize impacts to the project site including: a. The County has deleted the beach tractor storage under the proposed deck. By deleting the tractor storage, the final grade underneath the deck structure has been raised, reducing the amount of excavation. b. Section 1208.2 of the Florida Building Code requires the deck clearance at T-61'. To accommodate drainage and to allow for construction tolerances, the deck foundation was raised an additional 6" for a total proposed deck clearance of 8 feet. FEMA requires the bottom of the deck structure at +15 ft NAVD88. To attain the required deck clearance, the dune has to be cut to +7 ft NAVD88. The elevation of the deck structure cannot be raised vertically one foot (to avoid all excavation) as that would necessitate an additional ADA ramp segment and there is insufficient space between the cul-de-sac edge of pavement and the Preserve Line to add an additional ADA ramp. C. The detention area has also been relocated Iandward from its original proposed location. This reduced the amount of excavation needed to construct the detention area. d. The proposed project results in 60 cy of cut and fill with zero net excavation. All excavated beach compatible sediment will be placed as fill in the proposed dune enhancement areas. Vanderbilt Beach Restroom & Concession CCCL Variance September 6, 2011 Old Business 8-a June 2*, M17 6. The petitioner requests that the variance be granted for a period of 24 months. This timeframe is necessary to: secure all required federal, state, and local authorizations; award a contract; and, complete construction of the proposed improvements. 7. The requested variance is permanent in nature. Please review and approve this variance. Please process this variance concurrently with CCCL file number CO-922. a0um A e" a4 G y Mc pin If Collier County Coastal Zone Mgmt. Dept, 3299 E. Tamiami Trail Naples, FL 34112 239 252-2966 Michael T. tuff, P.E., Authoriz& Agent Coastal Engineering Consultants, Inc. 3106 S. Horseshoe Drive Naples, FL 34104 239-643-2324(phone) 239-643 1143 (fax) September 6, 2011 Old Business 8-a 87 of 117 Attachment 2 Fund 195 Spending/Budget Analysis for Fiscal Year 2008/2009 through 2011/2012 COLLIER COUNTY 2008/2009 2009/2010 2010/2011 2011/2012 County Sea Turtle Protecion Program $ 63,733.33 $ 54,319.67 $ 54,866.67 $ 54,333.33 County Beach Tilling $ 13,333.33 $ 13,333.33 $ 5,833.33 $ 5,833.33 County Physical Beach & Pass Monitoring $ 50,000.00 $ 76,000.00 $ 65,666.67 $ 86,666.67 County Wiggins Pass Intermediate Program - Engineering & Dredge $ 750,000.00 County Wiggins Pass Master Plan Engineering and Permitting $ 160,717.00 $ 177,489.00 County Wiggins Pass Engineering/Dredging $ 783,210.00 County Wiggins Pass Inlet Monitoring $ 30,000.00 $ 22,500,00 County Wiggins Pass Maintenance Program $ 50,000.00 County Clam Pass Ebb Shoal Modeling $ 125,000.00 County Clam Pass Inlet Monitoring $ 20,000.00 County FY 12/13 Beach Analysis/Model With Hot Spot Solutions $ 150,000.00 County Beach Maintenance - County $ 55,000.00 $ 67,500.00 $ 67,500.00 $ 67,550.00 County Vegetation Repair/Exotic Removal - County $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 County Fund 195 Administration $ 177,400.00 $ 166,666.67 $ 170,366.67 $ 170,166.67 County Indirect Administration Costs $ 39,233.33 $ 35,900.00 County Biological Hardbottom and Artificial Reef Monitoring $ 116,666.67 $ 91,666.67 $ 15,000.00 County Collier Beaches Design/Permitting-Fay $ 150,000.00 TOTAL I $ 1,334,343.33 $ 952,703.33 $ 1,328,466.67 $ 687,939.00 CITY OF NAPLES 2008/2009 2009/2010 2010/2011 2011/2012 City of Naples Sea Turtle Protection Program $ 63,733.33 $ 54,319.67 $ 54,866.67 $ 54,333.33 City of Naples Beach Tilling $ 13,333.33 $ 13,333.33 $ 5,833.33 $ 5,833.33 City of Naples Physical Beach & Pass Monitoring $ 50,000.00 $ 76,000.00 $ 65,666.67 $ 86,666.67 City of Naples Beach Maintenance - City of Naples $ 134,760.00 $ 73,460.00 $ 75,850.00 $ 76,850.00 City of Naples Vegetation Repair/Exotic Removal - Naples $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 City of Naples Naples Pier Annualized Repair & Maintenance $ 55,000.00 $ 55,000.00 $ 55,000.00 City of Naples Naples Conceptual Drainage Design $ 50,000,00 City of Naples FY 12/13 Beach Analysis/Model With Hot Spot Solutions $ 150,000.00 City of Naples Fund 195 Administration $ 177,400.00 $ 166,666.67 $ 170,366.67 $ 170,166.67 City of Naples Indirect Administration Costs $ 39,233.33 $ 35,900.00 City of Naples Doctors Pass Inlet Monitoring $ 20,000.00 $ 22,700.00 City of Naples Doctors Pass Dredging $ 783,210.00 City of Naples Biological Hardbottom and Artificial Reef Monitoring $ 116,666.67 $ 91,666.67 $ 15,000.00 City of Naples Emergency Truckhaul Project $ 1,500,000.00 City of Naples Truck Haul - Vista's at Park Shore $ 350,000.00 City of Naples Doctor's Pass Jetty Rebuilds $ 653,200.00 TOTAL $ 1,384,103.34 $ 2,105,446.34 $ 1,317,716.67 $ 874,750.00 $ 4,303,452.33 $ 5,682,016.35 CITY OF MARCO ISLAND 2008/2009 2009/2010 September 6, 2011 Old Business 8-a 88 of 117 2010/2011 2011/2012 City of Marco Island Sea Turtle Protection Program $ 63,733.33 $ 54,319.67 $ 54,866.67 $ 54,333.33 City of Marco Island Beach Tilling $ 13,333.33 $ 13,333.33 $ 5,833.33 $ 5,833.33 City Of Marco Island Physical Beach & Pass Monitoring $ 50,000.00 $ 76,000.00 $ 65,666.67 $ 86,666.67 City Of Marco Island FY 12/13 Marco Island Analysis/Model with BW Engineering $ 150,000.00 City Of Marco Island Beach Maintenance - Marco $ 55,000.00 $ 67,500.00 $ 67,500.00 $ 67,550.00 City Of Marco Island Vegetation Repair/Exotic Removal - County Wide $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 City Of Marco Island Caxambas Pass Inlet & Marco South Beach Monitoring $ 45,000.00 $ 25,000.00 City of Marco Island Breakwaters & Jetties of South Beach - Marco $ 100,000.00 City of Marco Island MI Renourish Design & Permit with BW Solutions $ 300,000.00 City Of Marco Island Hideaway Beach Erosion Control Structures $ 1,600,000.00 City Of Marco Island Fund 195 Administration $ 177,400.00 $ 166,666.67 $ 170,366.67 $ 170,166.67 City Of Marco Island Indirect Administration Costs $ 39,233.33 $ 35,900.00 City Of Marco Island Hideaway Beach Groin/Physical Monitoring $ 25,000.00 $ 30,000.00 City Of Marco Island Tigertail Beach Refurbishment $ 25,000.00 City of Marco Island Laser Grading North Marco Beach $ 20,000.00 City Of Marco Island Collier Creek Emergency Dredging $ 280,000.00 TOTAL 1 1 $ 454,466.67 1 $ 2,057,819.67 1 $ 678,466.67 1 $ 1,070,450.00 G:TDC Information Files/TDC Info by Year/TDC 2011 Agenda Items/8-11 TDC Meeting Sudet for 3 years $ 4,261,203.01 September 6, 2011 Old Business 8-a 161I 8 7 1 A�2010 MINUTES OF THE MEETING OF THE COLLIER COUNTY PARKS AND RECREATION ADVISORY BOARD Naples, Florida, June 16, 2010 LET IT BE REMEMBERED, that the Collier County Parks and Recreation Advisory Board, in and for the County of Collier, having conducted business herein, met on this date at 2:00 P.M. at North Collier Regional Park Exhibit Hall, 15000 Livingston Road, Naples Florida, with the following members present: CHAIRMAN: John P. Ribes VICE CHAIR: Edward "Ski" Olesky Barbara Buehler Phil Brougham (Excused) Kerry Geroy (Excused) David Saletko William Shafer (Excused) ALSO PRESENT: Kerry Runyon, Regional Manager III Tony Ruberto, Sr. Project Manager Nancy Olson, Regional Manager I Annie Alvarez, Regional Manger II Gary McAlpin, Coastal Zone Mgmt. Director Peg Ruby, Marketing Specialist Tona Nelson, Administrative Assistant Sidney Kittila, Operations Coordinator Rich DeGalan, Sun N Fun Supervisor Julie Allen, ENCP Program Leader Yvette Spiker, GGCC Program Leader September 6, 2011 dw Busigess 8-a 16 1A 9-43of 117 ne 16, 2010 I. Call to Order John Ribes called the meeting to order at 2:08 pm and a quorum was established. I1. Pledge of Allegiance and Invocation The Pledge of Allegiance was recited and Invocation was held. III. Approval of Agenda Move: V. c. to V. a. TDC Grants Barbara Buehler moved to approve the Agenda as amended. Second by Edward "Ski" Olesky. Motion carried unanimously 4-0. IV. Approval of May 19, 2010 Meeting Minutes David Saletko moved to approve the May 19, 2010 Minutes as submitted. Second by Barbara Buehler. Motion carried unanimously 4-0. V. New Business a) TDC Grants Gary McAlpin gave a slide presentation on the 5-Year Plan. He recommended the Advisory Board approve Category "A" Tourist Development Fund 183 Grant Applications for the following beach park facilities in the amount of $5,142,600 to be allocated as follows. (See attached) • Bluebill Restrooms, Access and Turnaround - $230,000 • Vanderbilt Beach Restroom Expansion - $376,000 • Tigertail Restroom and Walkovers - $7,300 • Gulf Shore Property Purchase - $3,304,300 • Gulf Shore Property Improvements- $1,000,000 • Gulf Shore Purchase of 2 Trolleys - $125,000 • Marco Beach Restroom and Access Improvements - $100,000 Other Projects included in the 5-Year Plan • Delnor-Wiggins State Park entrance road and parking improvements. • Vanderbilt Beach Pedestrian Access #3 has been completed. • Vanderbilt Beach Pedestrian Access # 2 through #6 had been funded. • Vanderbilt Beach Access is ongoing. • New Clam Pass Turnaround and Parking, Shade Shelter and possibly an Observation Deck. • Cocohatchee Parking Improvements and Back Way Pier. Staff balanced funds requested from the TDC with the following accounts. • Tourist Taxes - $2, 153,300 • Carry Forward - $3,150,800 • Revenue- $107,700 je"embe' 6, 2011 - Id Business 8-a ' �•i 1of117 1"0 161 1 June 16, 2010 Barbara Buehler moved to approve the Category "A" Tourist Development Fund 183 Grant Applications for beach park facilities in the amount of $5,142,600. Second by John Ribes. Motion carried unanimously 4-0. Edward "Ski" Olesky moved to approve the 5-Year Plan and TDC Fund 183 as presented Second by David Saletko. Motion carried unanimously 4-0. b) Presentation on VPK Julie Allen and Yvette Spiker gave a presentation on Florida's Voluntary Prekindergarten Program. (See attached) They announced the purpose of this program is to prepare four-year old children for kindergarten and build a strong foundation for their continued educational success. ➢ The program is free for all children who are 4 years old by September 1 and residing in Florida. ➢ Registration is free. ➢ Proof of child's age and proof of residency are required when registering for the program. The program will be offered at the following locations: ➢ East Naples Community Park ➢ Golden Gate Community Center ➢ Immokalee Community Park ➢ Max Hasse Community Park Annie Alvarez stated the Program is funded by the state. The options are: ➢ School Year Program — 540 Instructional hours beginning in fall. ➢ Summer Program— 300 Instructional hours beginning in summer. ➢ Revenue for the School Year Program per child is approximately $2410 per year. ➢ Staff for each location has been state certified. ➢ Some registrations have been received. ➢ The VPK Program will begin on August 30. The Staff stated the program will help bilingual children get acclimated to English. The State monitors the program success 30 days after the VPK participants begin kindergarten. Sidney Kittila commended Julie Allen and Yvette Spiker for going above and beyond in their efforts to develop the VPK Education Program. Both Program Leaders received the "Employee of the Month" Award. c) Introduction of Beach and Water Manager Kerry Runyon introduced Nancy Olson to the Advisory Board as the new Beach and Water Regional Manager. September 6, 2011 Old Business 8-a Junes, M 0 PBS&1" dated June 28, 2010. He noted the scope of work is required on an annual basis for the permits issued by the FDEP. Mr. Olesky moved to (recommend to the Board of County Commissioners) to approve the Executive Summary `Recommendation to approve Yearly Physical Beach and Inlet Monitoring Contract as proposed by PBS&J" dated June 28, 2010. Second by Mr. Hill. Carried unanimously 6-0. 5. Marco South Renourishment Plan Gary McAlpin presented the Executive Summary "Recommendation to approve the attached engineering proposal dated 61712010 from Coastal Engineering Consultants to renourish the Marco South Beaches and investigate if additional or modified erosion control structures would lengthen the renourishment cycle for this beach" dated June 28, 2010. He noted: • There is a "beach erosion hot spot" on Marco South Beach from Caxambas Pass northerly. • Staff wishes to implement a long term solution to the problem during the next major beach re -nourishment cycle in 2012/13. • The study would include analyzing the effectiveness of the existing jetties and determine if they should be modified and/or an additional one constructed. • Staff is requesting approval of Phases I — III (at a cost of $200,000) and return to the TDC at a later date for approval of Phases 1V — VI. • Completion of Phase III would take the scope of work through the Preliminary Design Process. Phases IV — V1 would include the work necessary to procure permits. The study would include modeling the entire area of the "hot spot" including Caxambas Pass. Mr. Medwedeff moved to (recommend to the Board of County Commissioners) approve the Executive Summary "Recommendation to approve the attached engineering proposal dated 61712010 from Coastal Engineering Consultants to renourish the Marco South Beaches and investigate if additional or modified erosion control structures would lengthen the renourishment cycle for this beach"dated June 28, 2010. Second by Mr. Gibson. Carried unanimously 6-0. 6. FY 10-11 TDC Category "A" Fund 183 Grant Applications Gary McAlpin presented the Executive Summary (ES) Recommend approval of Category "A " Tourist Development Fund 183 Grant Applications for Beach Park Facilities in the amount of $5,142, 600 " dated June 28, 2010. He noted: • The $5,141,600 of requested funds is currently available in reserve funds. • Staff is requesting the Council allocate the following fund amounts to the proposed projects: ♦ Blue Bill Restroom, Access & Turnaround - $230,000 ♦ Vanderbilt Beach Restroom & Walkovers - $376,000 4 September 6, 2011 Old Business 8-a Jun ,'QM 0 ♦ Tigertail Restroom and Walkover - $7,300 ♦ Gulf Shore Property Purchase - $3,304,300 ♦ Gulf Shore Property Improvements - $1,000,000 ♦ Gulf Shore Trolley Purchase (2) - $125,000 ♦ Marco Beach Bathroom & Access Improvements - $100,000 • Staff will return the item outlining specific expenditures for tasks at a later date, as the projects proceed throughout the development stage. • Funds have previously been allocated (by the TDC and BCC) for the Blue Bill ($770,000) and Vanderbilt Beach projects (approximately $1 M). The request is for additional allocations to the proposed projects. Discussion occurred on the proposed Gulf Shore property purchase and purchase of trolleys and whether these expenditures are allowed under the Ordinance governing the TDC. Heidi Ashton-Cicko, Assistant County Attorney stated the expenditure of funds for purchase of the property is allowed under the Ordinance. The proposed purchase of trolleys will require an opinion by the County Attorney. Speaker Steve McIntyre, Collier County Hotel and Lodging Association, noted the projects proposed are worthy projects, but expressed concern many of the items are a "want" more than items the County "needs" at this time. He recommended the Council focus more on promoting tourism by increasing advertising and marketing programs. Heidi Ashton Cicko, County Attorney noted the existing Ordinance/Resolutions require 50 percent of the tourist tax collections be allocated to "Category A" with 1/3 earmarked for Beach Park Facilities (Fund 183.) The funds identified in the ES have been previously allocated into reserves. She would need to determine if these funds may be transferred back to advertising (Category B). Acting Chairman Mr. Sorey noted at a future meeting, the Council should review the Ordinance and State Statutes to determine if the allocations need to be revised for future considerations in funding. If so, a recommendation may be forwarded to the BCC for their consideration. Mr. Medwedeff expressed concern expending the funds given the current economic situation. The County should concentrate more on advertising and promoting tourism. It should be investigated to determine if these funds may be used for marketing purposes. This may be done in lieu of the redirection of Beach Emergency Reserves as was done this past year and may be proposed for next year. September 6, 2011 Old Business 8-a JunbCd,=0 Mr. Hill agreed and noted the statistics in the spring showed an upward momentum in visitation and tourist tax revenue to the area; however the upswing was stymied and reversed by the oil spill in the Gulf. Heidi Ashton-Cicko amended her previous statement regarding Tourist Tax Collections noting an existing Resolution (not the TDC Ordinance) requires 1/3 of the funds in Category A be earmarked for Beach Park Facilities (Fund 183.) She would need to determine if the existing funds in reserves may be re -directed to advertising. Mr. Hill moved to approve the Blue Bill Restroom, Access & Turnaround ($230,000.) Second by Ms. Becker. Carried unanimously 6-0. Acting Chairman Mr. Sorey recommended making a decision on the Vanderbilt Beach Restroom & Walkovers following presentation of Item VI.8. Mr. Gibson moved to approve Tigertail Restroom and Walkover ($7,300.) Second by Mr. Olesky. Carried unanimously 6-0. Mr. Medwedeff moved to approve the Marco Beach Bathroom & Access Improvements ($100,000.) Second by Mr. Olesky. Carried unanimously 6-0. Mr. Medwedeff moved to continue the following items pending further discussion and legal opinions as necessary: Gulf Shore Property Purchase ($3,304,300); Gulf Shore Property Improvements ($1,000,000); Gulf Shore Trolley Purchase (2) ($125,000.) Second by Mr. Olesky. Carried unanimously 6-0. 7. Emergency Berm Restoration Project Gary McAlpin presented the Executive Summary "Recommendation to approve the revised scope of work for the Emergency Beach renourishment project by CP&E for $13, 985" dated June 28, 2010. Acting Chairman Mr. Sorey noted the original scope was previously approved by the TDC and BCC. Mr, Hill moved to (recommend to the Board of County Commissioners) approve the Executive Summary "Recommendation to approve the revised scope of work for the Emergency Beach renourishment project by CP&E for $13,985" dated June 28, 2010. Second by Mr. Medwedeff. Carried unanimously 6-0. Break: 10:13 a.m. Reconvened: 10:20 a.m. 8. Vanderbilt Beach Facility Conceptual Plan 0 September 6, 2011 Old Business 8-a AIMIO19,1201 l MINUTES OF THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL MEETING Naples, Florida, April 25, 2011 LET IT BE REMEMBERED, that the Collier County Tourist Development Council in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in a REGULAR SESSION in Building "F" of the Government Complex, Naples, Florida with the Following members present: Chairman: Commissioner Georgia Hiller Vice Chairman: Murray H. Hendel Susan Becker Jerry Gibson Clark Hill Rick Medwedeff Robert Miller Ed (Ski) Olesky John Sorey, III (via telephone) ALSO PRESENT: Jack Wert, Tourism Director Gary McAlpin, Coastal Zone Management Director Colleen Greene, Assistant County Attorney Kelly Green, Tourist Tax Coordinator Crystal Kinzel, Director of Finance, Clerk of Courts September 6, 2011 Old Business 8-a Alffi1P1912011 for the new proposed AE zone. This would require this facility to be built farther off the beach and not in the footprint of the existing facility. This is a preserve area. 2. Refurbish the existing bathroom and expand bathrooms in garage as needed for capacity - Evaluate if this is possible due to code restrictions and if possible, determine how much the existing facility can be refurbished (task I) and develop conceptual layout for bathrooms in the parking garage. Included would be a walkway through the preserve. The section in the Executive Summary "Cost to develop these options are as follows" be revised accordingly. Second by Mr. Gibson. Motion carried 6 "yes"— 3 "no. " Mr. Sorey, Mr. Olesky and Mr. Hendel voted "no. " b. Collier Creek Dredging Gary McAlpin presented the Executive Summary "Endorse a recommendation to approve an emergency dredging request for the Marco Island Collier Bay entrance channel" dated April 25, 2011 and related backup material for consideration. Mr. Hendel moved to recommend the Board of County Commissioners approve the emergency dredging request. Second by Ms. Becker. Carried unanimously 9 — 0. Commissioner Hiller submitted a memo from Bruce Anderson of Roetzel & Andress to herself dated April 22, 2011 Re: TUC Application for Emergency Dredging of Marco Island, Collier Bay Entrance Channel. 8. Old Business Gary McAlpin provided an update on the meeting he and Mr. Sorey had with Herschel Vinyard, Secretary of the Florida Department of Environmental Protection and Florida Governor Rick Scott regarding environmental permitting issues. a. Fund 195 Project Report Gary McAlpin presented the report "FY 201012011 TDC Category "A " Beach Maintenance Projects" updated 4/5/11 for information purposes. The Council requested the County Attorney's Office research: • The status on any decision regarding the "Trolley purchase. " • The status on any decision regarding the "Gulf Shore Property Purchase." b. Fund 183 Project Report Gary McAlpin presented the report "C7M 183 Fund Report " dated 4/25/1 1 for information purposes. Commissioner Hiller moved to accept the reports provided for Item #8.a and #8.b. Second by Mr. Hendel. Carried unanimously 9 — 0. 0VPMII1VV1 V, GV Old Business 8-a 97 of 117 OFFICE OF THE CO UNTY A TT ORNE Y INTEROFFICE MEMORANDUM TO: Gary, McAlpin, Director, Coastal Zone Management ,FROM: Heidi Ashton-Cicko, Assistant County Attorney 011- DATE: July 13,.2010 RE: Beach Shuttles RLS No.: 10-1$KR-00221 ISSUE: The issue presented is whether tourist development tax funds may be used to pay for the purchase of two trolley cars to transport people - back and forth. from a parking lot to the beach? Or, in the alternative, can TDC funds be used to pay the •Naples. Trolley to provide this service? •ANSWER: Yes,.if the appropriate findings are made. Section 125.0104(5)(a)(4), Florida Statutes, provides that "tourist development takes may be used tofinance beach park facilities or beach improvement, maintenance, renourishment, restoration, erosion control, including shoreline protection, enhancement cleanup, or restoration of inland lakes and rivers to which there is public access as those uses relate to the physical preservation of the beach, shoreline or inland lake or river." The term "beach. park facility" is not defined in the Florida Statutes and there is no legislative history to assist in the definition. Beaches are a primary tourist attraction for our county. It is a logical conclusion that an expenditure that promotes the beach and facilitates its usage would qualify for tourist development taxes. If the'Board desires to fund the purchase of trolleys or the payment to the Naples Trolley for its trolley service,then the Board must make the following findings:: (1) the trolley service will.primarily serve tourists; (2) the expenditure of funds to purchase trolleys or fund a trolley service promotes tourism; and (3) the trolley shuttles are a beach park facility that will increase access to the beach park. The usage of the trolley shuttles would need to be tracked so that the tourist development tax funds are used,solely for the use of the shuttle service for beach access. Please contact me if you have any questions. cc: Jeffrey A. Klatzkow, County Attorney Colleen M. Greene, Assistant County Attorney CP\ 10-M R-00221 \3 September 6, 2011 Old Business 8-a 98 of 117 June 28, 2010 PBS&J" dated June 28, 2010. He noted the. scope of work is required on an annual basis for the permits issued by the FDEP. Mr. Olesky moved to (recommend to the Board'of County Commissioners) to approve the Executive Summary `Recommendation to approve Yearly Physical Beach and Inlet Monitoring Contract as proposed by-PBS&P dated June 28, 2010. Second by Mr. Hill. Carried unanimously 6-0. 5. Marco South Renourishment Plan Gary McAlpin presented the Executive Summary "Recommendation to approve the attached engineering proposal dated 61712010 from Coastal Engineering Consultants to renourish the Marco South Beaches and investigate if additional or modified erosion control structures would lengthen the renourishment cycle for this peach" dated.June 28, 2010. He noted: • There is a "beach erosion hot spot" on Marco South Beach from Caxambas Pass northerly. • Staff wishes to implement along term solution to the problem during the next major beach re -nourishment cycle in-2012/13. • The study would include analyzing the effectiveness of the existing jetties and determine if they should be modified and/or an additional one constructed. • Staff is requesting approval of Phases -I — III (at a.cost of $200,000) and return to the TDC at a later date for approval of Phases 1V — VI. • Completion of Phase III would take the scope of work,through the Preliminary Design Process, Phases IV — V1 would include the work necessary to procure permits. • The study would include modeling the entire area of the "hot spot" including Caxambas Pass. Mr. Medwedeff moved to (recommend to the Board of County .Commissioners) approve the Executive Summary "Recommendation to approve the attached engineering proposal dated 6/7/2010 from Coastal Engineering Consultants to renourish the Marco South Beaches and investigate if additional or modified erosion control structures. woul4 lengthen the renourishment'cycle for this beach "dated June 28,, 2010. Second by Mr. Gibson. Carried unanimously 6-0. 6. FV 10-11 TDC Category "A" Fund 183 Grant Applications Gary McAlpin presented the Executive Summary (ES) Recommend approval of Category 'A " Tourist Development Fund 183 Grant Applications for Beach Park Facilities in the amount of $5,142, 600 " dated June 28, 2010. He noted: • The $5,141,600 of requested funds- is currently available in reserve funds. • Staff is requesting the Council allocate the following fund amounts to the proposed projects: ♦ Blue Bill Restroom, Access & Turnaround - $230,000 ♦ Vanderbilt Beach Restroom & Walkovers - $376,000 September 6, 2011 -` Old Business 8-a 99 of 117 June 28, 2010 ♦ Tigertail Restroom and Walkover - $7,300 ♦ Gulf Shore Property Purchase - $3,304,300 ♦ Gulf Shore Property Improvements - $1,000,000 ♦ Gulf Shore Trolley Purchase (2) - $125,000 ♦ Marco Beach Bathroom & Access Improvements - $100,000 • Staff will return the item outlining specific expenditures for tasks at a later date, as the projects proceed throughout the development stage. • Funds have previously been allocated (by the TDC and BCC) for the Blue Bill ($770,000) and Vanderbilt Beach projects (approximately $1 M). The request is for additional allocations to the proposed projects. Discussion occurred on the proposed Gulf Shore property purchase and purchase of trolleys and whether these expenditures are allowed under the Ordinance governing the TDC. Heidi Ashton-Cicko, Assistant County Attorney stated the expenditure of funds for purchase of the property is allowed under the Ordinance. The proposed purchase of trolleys will require an opinion by the County Attorney. Speaker Steve McIntyre, Collier County Hotel and Lodging Association, noted the projects proposed are worthy projects, but expressed concern many of the items are a "want"more than items the County "needs" at this time. He recommended the Council focus more on promoting tourism by increasing advertising and marketing programs. Heidi Ashton Cicko, County Attorney noted the existing Ordinance/Resolutions require 50.percent of the tourist tax collections be allocated to "Category A" with 1 /3 earmarked for Beach Park Facilities (Fund 183.) The funds identified in the ES have been previously allocated into reserves. She would need to determine if „,,...._.....__...... .._ .____ ... _ .....these funds may be transferred back to advertising (Category B). . Acting Chairman Mr. Sorey noted at a future meeting, the Council should review the Ordinance and State Statutes to determine if the allocations need to be revised for future considerations in funding. If so, a recommendation may be forwarded to the BCC for their consideration. Mr. Medwedeff expressed concern expending the funds given the current economic situation. The County should concentrate more on advertising and promoting tourism. It should be investigated to determine if these funds may be used for marketing purposes. This may be done in lieu -of the redirection of Beach Emergency Reserves as was done this past year and may be proposed for next year. . September 6, 2011 z Old Business 8-a 100 of 117 June 28, 2010 New Business A - 6 1 of 16 EXECUTIVE SUMMARY Recommend approval of Category "A" Tourist Development Fund 183 Grant Applications for Beach Park Facilities in the amount of $5,142,600,000. OBJECTIVE: To recommend approval of TUC Category "A" Grant Applications from Fund 183 Beach Park Facilities in the amount of $5,142,600. CONSIDERATIONS: The following is a list of grant applications intended for Fiscal Year 10/201 1 Funding in Beach Park Facilities Fund 183: ADVISORY COMMITTEE RECOMMENDATIONS: At the Parks &. Recreation Advisory _._.__...... _ ..Board (PRAB) June 16,.2010 meeting this item was unanimously approved (4 PROJECT/DES PTION: AMOUNT RE U ESTE] Bluebill Restroom, Access & Turnaround $ 230,000 Vanderbilt Beach Restroom Expansion $ 376,000 Ti ertail Restroom & Walkovers $ , 7,300 Gulf Shore Property Purchase $3,304,300 Gulf Shore Property Improvements_ $1,000,000 Gulf Shore Trolley Purchase 2 $ 125,000 Marco Beach Bathroom & Access Improvements $ 100,000 TOTAL S 5,142,600. FISCAL IMPACT: Grant applications total $5,142,600. The Fiscal Year 10/2011 proposed Beach Park Facilities Fund .183 budget appropriates funding for these grant applications. The source of funds is Category "ATourist Development Tax dollars. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. STAFF RECOMMENDATIONS: Staff recommends approval of the attached TDC Category "A" Grant Applications from Fund 183 Beach Park Facilities. COUNTY -ATTORNEY FINDING: Reviewed and approved for legal sufficiency, CMG - RECOMMENDATION: To approve Category "A" Tourist Development Fund 183 Grant Applications in the amount of$5,142,600.00 (Fund 183 Beach Park Facilities). r' PREPARED BY: Gail Hambright, CZM Accountant September 6, 2011 Old Business 8-a 101 of 117 June 28, 2010- New Business VI - 6 2of16 Evaluation/Approval Guidelines for TDC Category A Yearly Grant Requests by the Coastal Advisory Committee Yearly grant requests to the Coastal Advisory Committee will be evaluated, prioritized and funded based on the following criteria. I . Grants associated with the completion of a previously approved project that are required to complete that project. 2. Grants required to meet Permit Regulatory Compliance. Examples of these grants would be Physical and Biological monitoring, turtle monitoring, shorebird monitoring and tilling. 3. Safety related activities and projects, which are the responsibility of the CAC. 4. Commitments covered by inter -local agreement and /or projects previously approved/identified in the 10 year plan. Examples would be the dredging of Clam, Wiggins,, Doctors, Caxambas and Capri Passes and the 10-year cycle of beach re -nourishment. 5. Projects or studies that improve or have a high probability of improving our beach efficiency, the preservation of CAC capital or save us money. These projects wouldhave to have a uridisputed payout. Items that would fall into this category would be engiheefirig or studies'" that could lengthen times between dredge events or re-nourishments. 6, Grants associated with the maintenance and upkeep of our beaches. Examples of these activities that preserve the quality ofthe beach experience are beach cleaning, raking and grading. 7. Projects that outside funding or third party funding can be obtained on that offset the capital cost. Examples would be FDEP funding, FEMA funding or third party grants. 8. Necessary or required projects would be next. Examples of this type of projects would be Doctors Pass Rip -Rap replacement. 9. New projects not required by law or consent decree would follow. September 6, 2011 Old Business 8-a 102 of 117 June 28, 2010 New Business VI - 6 3of16 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance Bluebill Restroom Access & Turnaround 1. Name and Address of Project Sponsor Organization: Coastal Zone Management W. Harmon Turner Bldg. 3301 East 'I amiami Trail, Suite 103 Naples, Florida 34112 2. Contact Person, Title and Phone Number: Name: Gail Hambrieht, Accountant Address:, W. Harmon Turner Bldg. 3301 East Tamiami Trail, Suite 103 City Naples ST FL ZIP 34112 Phone: 252-2966 FAX: 252-2950 3, organization's Chief Official and Title: Fred W. Coyle, Chairman Board of County Commissioners 4. Details of Project- Description and Location: Additional funding required to provide foF the anticipated construction 'cost of $1,000,000. 5. Estimated project start date: October 1, 2010 6. Estimated project duration: 12 Months 7. Total TDC Tax Funds Requested: $230.000.00 8. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes (X ) No ( ) September 6, 2011 Old Business 8-a 103 of 117 June 28, 2010 New Business VI - 6 4 of 16 Collier County Tourist Development Council Category "A" Grant Application Page 2 Bluebill Restroom Access & Turnaround PROJECT BUDGET PROGRAM, ELEMENT AMOUNT TDC Funds Requested $ 230.000.00 City/Taxing District Share $ State of Florida Share $ Federal Share $ TOTAL. $ 230.QQQ,00 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Engineering Fees - TOTAL $ 230 000.00 1 have read tbc.Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comply with all guidelines and criteria. Signature of Sponsor Organization's Chief Official Date I September 6, 2011 Old Business 8-a 104 of 117 June 28, 2010 New Business VI - 6 5of16 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance Vanderbilt Beach Restroom Expansion 1. Name and Address of Project Sponsor Organization: Coastal Zone Management W. . Harmon Turner Bide. 3301 East Tamiami Trail, Suite 103 Naples, Florida 34112 2. Contact Person, Title°and Phone Number: Name: Gail Hambrjght, Accountant Address: W. Harmon Turner Bide.. 3301 East Tamiami Trail, Suite 103 City Navies ST FL ZIP 34112 Phone: 252-2966 FAX: 252-2950 3. Organization's Chief Official and Title: Fred W. Coyle, Chairman Board ofCounty Commissioners _.. .. _. .,._-..__., ...,. 4. Details of Project- Description and Location: Additional funding required based on a projected project cost of $1,200,00. 5. Estimated project start date: October 1, 2010 6. Estimated project duration: 12 Months 7. Total TDC Tax Funds Requested: $3376,000.00 8. if the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes (X ) No ( ) September 6, 2011 Old Business 8-a 105 of 117 June 28, 2010 New Business VI 6 6of16 Collier County Tourist Development Council Category "A" Grant Application Page 2 Vanderbilt Beach Restroom Expansion PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested $ 376.000.00 CitylTaxing District Share $ State of Florida Share $ Federal Share. ... $ TOTAL $ _376,000.00 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Anticipated Construction Cost $76.000,00 TOTAL $ 376,000.00 [ have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comply with all guidelines and criteria. _...__...__......... .........._...__Signature of Sponsor Organization's Chief. Official...... .. Date -..._ _....,......._.. ,. .,.........__,. .► ...-.- September 6, 2011 Old Business 8-a 106 of 117 June 28, 2010 New Business V1- 6 7of16 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance Tip-ertail Restroom & Walkovers 1. Name and Address of Project Sponsor Organization: Coastal Zone Management W. Harmon Turner Bldg. 3301 East Tamiarhi Trail. Suite 103 Naples. Florida 34112 2. Contact Person, Title and Phone Number: Name: Gail Hambright, Accountant Address: W. Harmon Turner idg. 3301 Fast Tamiami Trail, Suite 103 City Naples ST FL ZIP 34112 Phone: 252-2966 FAX: 252-2950 3. Organization's Chief Official and Title: Fred W. Coyle, Chairman Board of County Commissioners 4. Details of Project- Description and Location: Additional funding required due to anticipated construction costs. 5. Estimated project start date: October 1.2010 6. Estimated project duration: 12 Months 7. Total TDC Tax Funds Requested: $7.300.00 S. if the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes (X) No ( ) September 6, 2011 Old Business 8-a 107 of 117 June 28, 2010 New Business A - 6 8 of 16'..._ , ...._ .....,.....-__.,... , ..,_ ._._. ... Collier County Tourist Development Council Category "A" Grant Application Page 2 Tilgertail Restroom & Walkovers PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested City/Taxiog District Share $ State of Florida Share $ Federal Share $ TOTAL $ 7.300.00 PROJECT EXPENSES: (Engineering,. Mobilization, Contractor, Monitoring etc) Capital Costs $ 7.300.00 TOTAL $ 7.300.00 I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comply with all guidelines and criteria. Signature of Sponsor Organization's Chief Official Date September 6, 2011 Old Business 8-a 108 of 117 June 28. 2010 New Business VI - 5 9of16 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance Gulf Shore Property Purchase 1. Name and Address of Project Sponsor Organization: Coastal Zone Manseement W. Harmon Turner Bid¢. 3301 East Tamiami Trail, Suite 103 Naples, Florida 34112 2. Contact Person, Title and Phone Number: Name: Gail Hambrieht, Accountant Address: W. Harmon Turner Bldtr-, 3301 East Tamiami Trail, Suite 103 City Naples ST FL ZIP 34112 Phone: 252-2966 FAX: 252-2950 .__..._....._.........:........._.__ .__3..._ Organization 9s. Chief.Official and Title: _..... _._,..._._......., Fred W. Coyle, Chairman Board of County Commissioners 4. Details of Project- Description and Location: Purchase of Gulf access property at Vanderbilt Beach. 5. Estimated project start date: October 1.2010 6. Estimated project duration: 12 Months 7. Total TDC Tax Funds Requested: $3,304,300.00 8. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes (X ) No ( ) Collier County Tourist Development Council Category "A" Grant Application Page 2 Gulf Shore Property Purchase PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested $ 3.304.300.00 -- —City/Taxing District Share - ...�,_,_ .._..._.._....-.----••--"'•'" State of Florida Share $ Federal Share $ TOTAL $ 3,304L300.00 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Land Purchase $ 3,304 3300,00 TOTAL $ 3,304,300.00 September 6, 2011 Old Business 8-a 109 of 117 June 28, 2010 New Business VI - 6 10 of 16 I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comply with all guidelines and criteria. Signature of Sponsor Organization's Chief Official Date September 6, 2011 Old Business 8-a 110 of 117 June28,.2010.... ..........._........ _._.._.. New Business VI - 6 11 of 16, COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance Gulf Shore Property Improvements 1. Name and Address of Project Sponsor Organization: Coastal Zone Management W. Harmon Turner Bide. 3301 East Tamiami Trail, Suite 103 Naples, Florida, 34112 2. Contact Person, Title and Phone Number: _............... _..,_Name: Gail Hambrieht, Accountant . Address: W. Harmon Turner Blde, 3301 East Tamiami Trail, Suite 103 City Naples ST FL ZIP 34112 Phone: 252-2966 FAX: 252-2950 3. Organization's Chief Official and Title: Fred W. Coyle, Chairman Board of County Commissioners 4. Details of Project- Description and Location: Improvements will be required on the beach front lots to provide public facilities. 5. Estimated project start date: October 1, 2010 6. Estimated project duration: 12 Months "7:" ""Total TDC Taz'Futnds Regaested4-$1,000,000:00' 8. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes- (X ) No ( ) September 6, 2011 Old Business 8-a • 111 of 117 June 28, 2010 New Business VI - 6 12 of 18 Collier County Tourist Development Council Category "A" Grant Application Page 2 Gulf Shore Property Improvements PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested $ 1,000,000.00 City/Taxing District Share $ State of Florida Share $ Federal Share $ TOTAL $ 1,000,000.00 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Engineering and Capital Improvements $_1,000,000.00 TOTAL $ 1000,000.00 I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comply with all guidelines and criteria. Signature of Sponsor Organization's Chief Official Date September 6, 2011 Old Business 8-a 112 of 117 June 28, 2010 New Business VI - 6 13 of 16 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance Gulf Shore Trolley Purchase (2) 1. Name and Address of Project Sponsor. Organization: Coastal Zone Manaeement W. Harmon Turner We. _3301East- -amiami Trail, Suite 103 �- Naples, Florida 34112 2. Contact Person, Title and Phone Number: Name: Gail Hambrieht, Accountant Address: W. Harmon Turner.Blde. 3301 East Tamiami Trail, Suite 103 City Naples ST FL ZIP 34112 Phone: 252-2966 FAX: 252-2950 3. Organization's Chief Official and Title: Fred W. Coyle, Chairman Board of County Commissioners 4. Details of Project- Description and Location: Purchase of trolley to provide access to Vanderbilt beaches at peak periods -from liner- Park toVanderbilt Beach Roadyarkine earaee. 5. Estimated, project start date: October 1, 2010 6. Estimated project duration: 12 Months 7. Total TDC Tax Funds Requested: $125,000.00 8. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes (X ) No ( ) September 6, 2011 Old Business 8-a 113 of 117 June 28, 2010 New Business VI - 6 14of16 Collier County Tourist Development Council - •Category "A" Grant Application Page 2 Gulf Shore Trolley Purchase (2) PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested, S 125,000,00 City/Taxing District Share $ State of Florida Share $ Federal Share $ TOTAL $ J2 OUO 00 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Capital Purchase $ 125,000.00 TOTAL $ 125,000.00 1 have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comply with all guidelines and criteria. Signature of Sponsor Organization's Chief Official Date September 6, 2011 Old Business 8-a 114 of 117 June 28, 2010 New Business VI - 6 15 of 16 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance Marco Beach Bathroom & Access Improvements 1, Name and Address of Project Sponsor Organization: .. :... _._.,....._............. T...._.... _ .•. oastal Zone Maria�emenf W. Harmon Turner Bldg, 3301 East Tamiami Trait, Suite 103 Naples, Florida 34112 2. Contact Person, Title and Phone Number: Name: Gail Hambright, Accountant Address: W. Harmon Turner Bldg. 3301 East Tamiami Trail, Suite 103 City Naples ST FL ZIP 34112 Phone: 252-2966 FAX: 252-2950 3. Organization's Chief Official and Title: Fred W. Coyle. Chairman Board of County Commissioners 'Details of Project- Description and Location: EnOneering to upgrade the bathroom at the Marco South Bathroom Facility. S. Estimated project start date: October 1.2010 6. Estimated project duration: 12 Months 7. Total TDC Tax Funds Requested: $100.000.00 8. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes (X ) No ( ) September 6, 2011 Old Business 8-a 115 of 117 June 28, 2010 New Business VI.6 16 of 16 Collier County Tourist Development Council Category "A" Grant Application Page 2 Marco Beach Bathroom & Access Improvements PROJECT BUDGET PROGRAM ELEMENT AMOUNT... . TDC Funds Requested $ 100.000.00 City/Taxing District Share $ State of Florida Share $ Federal Share $ TOTAL $ 100,000.00 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Engineering Fees $_ 100,000.00 TOTAL $ 100,000.00 I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will .,.comply -with all guidelines and criteria. - - -- _.........._..__,...., _,_,...__.. Signature of Sponsor Organization's Chief Official Date September 6, 2011 Old Business 8-a 116 of 117 From: GreeneColleen Sent: Friday, August 26, 2011 12:21 PM To: McAlpinGary Subject: FW: AGO 88-49 (purchase of beach property for public access) Colleen M. Greene Assistant County Attorney (239) 252-8400 Fax (239) 252-6300 From: GreeneColleen Sent: Monday, March 28, 2011 4:14 PM To: HillerGeorgia Cc: WertJack; KlatzkowJeff; Rainey]ennifer Subject: RE: AGO 88-49 (purchase of beach property for public access) Commissioner Hiller, Expenditure of TDT funds must be analyzed on a case by case basis. I will confirm the details of the proposed purchase with Gary McAlpin and follow up with you. Thank you. Colleen M. Greene Assistant County Attorney (239) 252-8400 Fax (239) 252-6300 From: HillerGeorgia Sent: Monday, March 28, 2011 3:57 PM To: GreeneColleen Cc: WertJack; KlatzkowJeff, RaineyJennifer Subject: RE: AGO 88-49 (purchase of beach property for public access) Thanks Colleen! The AGO you sent addresses the purchase of land that would become part of a beach preserve to which there is existing public access and therefore ties back to the specific wording of the amended statute which addresses physical preservation of the beach/shoreline — section 5(a)(4). The interpretation that TDT funds can be used for any purpose that promotes tourism is overreaching as clearly explained in AGO 88-49. AGO 88-49 makes it clear that the statute has to be narrowly interpreted as plainly written. The Gulfshore land cannot be acquired to gain beach access, and such a purchase in no way promotes the physical preservation of the beach/shoreline. To suggest that TDT dollars can be spent in any way that promotes tourism would turn this pool of money into a slush fund. Georgia Hiller, Commissioner Board of County Commissioners, District 3299 Tamiami Trail East, Suite # 303 Naples, FL 34112 (239) 252-8602 (239) 252-3602 Fax From: GreeneColleen Sent: Monday, March 28, 2011 3:03 PM To: HillerGeorgia Cc: Wertlack; Klatzkowleff Subject: FW: AGO 01-42 (purchase of beach property) Commissioner Hiller, Attached is the AGO which I referenced at the TDC meeting this morning. Please contact me if you would like additional information or to discuss. Thank you. Colleen M. Greene Assistant County Attorney (239) 252-8400 Fax (239) 252-6300 From: HerreraSandra Sent: Monday, March 28, 2011 3:00 PM To: GreeneColleen Subject: AGO 01-42 << File: AGO 2001-42 - Tourist development tax, purchase of beach property.PDF >> Sandra Herrera, Certified Paralegal Office of the County Attorney W. Harmon Turner Building F 3299 Tamiami Trail East, Suite 800 Naples, Florida 34112-4902 Phone: (239) 252-8400 Facsimile: (239) 252-6300 Sandraherrera(ccollier og v.net September 6, 2011 Old Business 8-a 117 of 117 °3W Id+ e. , re 11 .tspo, M a p NC rpcbrr�5