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Agenda 09/13/2016 R Item #16F 7 1 6.F.7 09/13/2016 EXECUTIVE SUMMARY Recommendation to approve Tourist Development Grant Application Agreements for FY 17 Category B (Marketing and Events Grants) ($83,000) and Category C-2 (Non-County Owned Operated/Museums) ($411,176) Grants, authorize the Chairman to sign the agreements, and make a finding that this action promotes tourism. OBJECTIVE: Approve grant agreements for Tourist Development Tax Category B and C-2 grant applications for FY 17. CONSIDERATIONS: Tourism Grant Applications were made available on our County Tourism website in March and were due April 29, 2016. In accordance with the Grant Guidelines,the applications were reviewed by Tourism Division staff to verify they met the Grant Guidelines and then by the County Attorney's Office for legal sufficiency. Based on these reviews, Tourism staff made suggestions on the funding level for each applicant. The Tourist Development Council (TDC) then reviewed the grant applications on May 23, 2016 and recommended that the Board of County Commissioners approves the grant funding as follows: Category"B"-Marketing& Events Grants Naples, Marco Region of Antique Automobile Club of America, Inc. (AACA) - Recommended Funding of$13,000 This 501 c (4) organization applied last year and was awarded a $10,000 grant. The organization reported 232 entries for their March 19, 2016 event at Lorenzo Walker Technical College. The event attracted approximately 4,000 visitors and generated 400 room nights. Their request is for$13,000 in promotional assistance with the AACA Antique Auto Show at Naples Depot to be held on March 18, 2017. Funding will be used for national and Florida specific advertising in antique auto magazines and websites. The organization is projecting 1100 overnight visitors, 1,000 hotel room nights for the 2017 event. They have not projected TDT revenue or visitor spending in their application. The TDC and staff recommend funding for FY 17 at $13,000 for the event in 2017. Betterment Association of the Everglades Area,Inc.-Recommended Funding of$25,000 The association is the organizer of the annual Everglades City Seafood Festival. They applied for and were awarded a grant in 2015 for $25,000. In 2015, the event attracted in excess of 47,621 visitors and generated approximately 275 hotel room nights. The association is requesting advertising assistance for the 2017 festival. They have other event expenditures such as souvenir beverage cups and local signage that we are not able to reimburse pursuant to our grant guidelines. The TDC and staff recommend funding for the festival for FY 17 at$25,000. Kiwanis Club of Pelican Bay Naples,Inc.-Recommended Funding of$25,000 This is a first time request to assist in funding promotional efforts for the third annual Bacon Fest at Naples Airport. The two previous events have primarily attracted local attendees, with 3,000 visitors in 2014 and 5,000 visitors in 2015. The Kiwanis Club believes that with out of market advertising they can attract 200-300 overnight visitors for their November 2016 event.The TDC and staff recommend $25,000 for out of area advertising of the event for FY 17. Packet Pg.2739 16.F.7 09/13/2016 Old Naples Waterfront Association,Inc.-Recommended Funding of$20,000 This application is to promote the annual Stone Crab Festival in Tin City to kick off the Stone Crab season in October. The Association has received grant funding in 2012 - $10,000, 2013 - $20,000 and 2014 - $20,000. The event will be promoted in regional advertising efforts with billboards, radio and social media. The organization projects 1,000 overnight visitors to their weekend festival. The planned promotional expenses meet the grant guidelines, and the TDC and staff recommend funding of$20,000 for the October 2016 festival which occurs in FY 17. Category C-2-Non County Owned/Operated Museums Artis-Naples,Inc.-Recommended Funding of$150,000 This application is for a shared event with Naples Botanical Garden. They are each applying for exhibit acquisition and promotional expenditures for an Origami in the Garden event that will run from October 2016 to May 2017 in both venues. Each organization has had past grants using Category C-2 funds. Origami is the art of paper designs and will be a unique event for our area. The expenditures requested meet the grant guidelines and the TDC and staff recommend funding for FY 17 at $150,000 for the Artis- Naples portion of the shared event expenses. Naples Botanical Garden,Inc.-Recommended Funding of$150,000 Please refer to the information above for Artis-Naples which is the sharing venue for this unique exhibit featuring the Art of Origami. The expenditures requested include exhibit acquisition and out of market promotional expenditures, they meet the grant guidelines and the TDC and staff recommend funding for FY 17 at$150,000 for this organization's portion of the shared event expenses. Golisano Children's Museum of Naples,Inc. -Recommended Funding of$111,176 C'mon is applying for a grant to acquire and to promote two traveling exhibits to the museum in 2016- 2017. One is called Klutz's Amazingly Immature, and the other will be Clifford, Curious George or Tinker Toys depending on availability. C'mon has received grants in 2006 - $125,000; 2008 - $150,000; 2009 - $75,000; 2010 - $100,000; 2014 - $100,000. The organization projects over 300 overnight visitors, 150 room nights. The promotional expenses for the traveling exhibits meet the grant guidelines and the TDC and staff recommend funding for FY 17 at $111,176. FISCAL IMPACT: Funding for Category B marketing grants in the amount of$83,000 (Fund 184) and for Category C-2 of$411,176(Fund 193)is included in the proposed FY 17 Tourism Division budget. ADVISORY BOARD RECOMMENDATION: The Tourist Development Council recommended approval of this item 8-0 at the May 23, 2016 meeting with a recommended finding that the expenditures promote tourism. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires majority vote for approval. - CMG RECOMMENDATION: Recommendation to approve Tourism Development Grant Application Agreements for FY 17 Category B ($83,000) and Category C-2 ($411,176) Grants, authorize the Chairman to sign the agreements, and make a finding that this action promotes tourism. SUBMITTED BY: Jack Wert,Tourism Division Director ATTACHMENT(S) 1. B Tourism Agreement Marco Region stamped (PDF) Packet Pg.2740 16.F.7 09/13/2016 2. B Tourism Agreement Betterment Association stamped (PDF) 3.B Tourism Agreement Old Naples stamped (PDF) 4.B Tourism Agreement Pelican Bay stamped (PDF) 5.Artis-Naples Agreement(PDF) 6.Naples Botanical Gardens Agreement (PDF) 7.Golisano Children's Musuem Agreement (PDF) Packet Pg. 2741 16.F.7 09/13/2016 COLLIER COUNTY Board of County Commissioners Item Number: 16.F.7 Item Summary: Recommendation to approve Tourist Development Grant Application Agreements for FY 17 Category B (Marketing and Events Grants) ($83,000) and Category C-2 (Non- County Owned Operated/Museums) ($411,176) Grants, authorize the Chairman to sign the agreements, and make a finding that this action promotes tourism. Meeting Date: 09/13/2016 Prepared by: Title:Tourist Development Tax Coordinator—Tourism Name: Kelly Green 08/26/2016 10:58 AM Submitted by: Title: Division Director-Tourism—Tourism Name: Jack Wert 08/26/2016 10:58 AM Approved By: Review: County Attorneys Office Colleen Greene Level 2 Attorney Review Completed 08/26/2016 11:20 AM Tourism Jack Wert Level 1 Sim.Reviewer 1-8 Completed 08/28/2016 2:44 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/29/2016 8:23 AM County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 08/29/2016 9:22 AM Budget and Management Office Ed Finn Level 3 OMB 1st Reviewer 1-4 Completed 08/29/2016 9:52 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 08/29/2016 3:23 PM Board of County Commissioners MaryJo Brock Meeting Pending 09/13/2016 9:00 AM Packet Pg.2742 1 6.F.7.a 2017 CATEGORY "B" TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES/MARCO REGION OF ANTIQUE AUTOMOBILE CLUB OF AMERICA, INC. THIS AGREEMENT is made and entered into this day of , 2016, by and between Naples/Marco Region of Antique Automobile a> Club of America Inc., a Florida not-for-profit corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter cri referred to as"COUNTY." ti WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred >- to as "Plan") funded by proceeds from the Tourist Development Tax; and ao WHEREAS, the Collier County Tourism Ordinance provides that certain of the revenues 0 a. E 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 a, a> WHEREAS, GRANTEE has applied to the Tourist Development Council and the County v 2 to use Tourist Development Tax funds for out of County promotion of the 29`x' Annual Antique a) Car Show at the Depot("The Project"); and a) WHEREAS, the Tourist Development Council has made a recommended finding to E approve this funding request and that this expenditure promotes tourism; and 0 WHEREAS, the Collier County Board of County Commissioners has approved the a) E funding request of the GRANTEE, made a finding that this expenditure promotes tourism, and c r6 authorized the Chairman to execute this Agreement. [04-CMG-00002/1272639/1] 1 1 Packet Pg. 2743 16.F.7.a 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, a) a) attached hereto as Exhibit "D," the GRANTEE shall expend the funds for the out-of-County c promotion of The Project. E 2. PAYMENT: o ti (a) The amount to be paid under this Agreement shall be a total of Thirteen Thousand 00 Dollars ($13,000). GRANTEE shall be paid in accordance with fiscal procedures of the County 00 for the expenditures incurred as described in Paragraph One (1) herein upon submittal of a cs 0 E Request for Funds on the form attached hereto as Exhibit "B" and made a part hereof, and shall N submit evidence that the vendor invoices have been paid and samples of the promotional ce materials produced by that vendor or media outlet to the Tourism Director or his designee, for 2 review. Should these documents be unavailable, the GRANTEE may submit other legally viable a, E evidence of payment subject to review and approval by the Clerk of the Court's Finance a) Department. 'i (b) The Tourism Director or his designee shall determine that the invoice payments m 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 "D" shall ns constitute authorization for the expenditure[s] described in the invoice[s]. (c) All expenditures shall be made in conformity with this Agreement. [04-CMG-00002/1272639/1] 2 Packet Pg. 2744 16.F.7.a (d) The COUNTY shall not pay GRANTEE until the Clerk's Finance Department pre-audits all payment invoices in accordance with law. (e) GRANTEE shall be paid for its actual costs, not to exceed the maximum amount budgeted pursuant to the attached "Exhibit D." {f) Expenditures with print publications, broadcast, digital and social platforms should be placed in media that runs outside of Collier County (can also run in Collier County) will be reimbursed up to the percentage of circulation outside of Collier County. Distribution of co promotional materials is encouraged outside of Collier County to promote overnight visitation, r- and and will be reimbursed up to the percentage of distribution outside of Collier County. >- Distribution percentages for outside Collier County media and promotional materials will be co based on the grantee's best information available. Invoices for prepayment or for deposit on E services will not be eligible for reimbursement. (g) Services or product must be delivered and paid for by GRANTEE between the rn effective dates of this Agreement. ca 2 (h) All requests for reimbursement must be received prior to September 30, 2017 to G) E be eligible for payment. 3. ELIGIBLE EXPENDITURES: E U) (a) Only eligible expenditures described in Paragraph One (1) will be paid by 0 COUNTY. E (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2016 - and September 30, 2017. [04-CMG-00002/1272639/1] 3 �..' Packet Pg. 2745 1 6.F.7.a (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 a) E.' 4. REPORTING REQUIREMENTS: (a) GRANTEE shall provide to County a final status report on the form attached hereto as Exhibit"A"no later than October 15, 2017. ti (b) Each report shall identify the economic impact generated by the GRANTEE >- through the use of reports (Exhibit "A" — Final Status Report) which identify the amount spent, co the duties performed, the services provided, and the goods delivered since the previous reporting a E period. (c) GRANTEE shall take reasonable measures to assure the continued satisfactory cc performance of all vendors and subcontractors. g (d) COUNTY may withhold any payments for failure of GRANTEE to provide the as E final status report and until the County receives the final status report or other report acceptable a) to the Tourism Director. E (e) GRANTEE shall request that visitors to the 29th Annual Antique Car Show at the Fo Depot complete the visitor questionnaire attached to this Agreement as Exhibit"C." 5. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming the Collier County Board of County Commissioners and the Tourist Development Council as additional insureds. [04-CMG-00002/1272639/1] 4 Packet Pg.2746 16.F.7.a (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 (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 00 Agreement is fully executed. E 6. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described 0, re in Paragraph One (1). CQ (b) COUNTY shall not be responsible for paying vendors and shall not be involved in E the selection of subcontractors or vendors. (c) GRANTEE agrees to disclose any financial or other relationship between E v, GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. a) E (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and U cc require payment if invoices have been paid under this Agreement for unreasonable expenditures. ;rt The reasonableness of the expenditures shall be based on industry standards. [04-CMG-00002/1272639/1] 5 1 } Packet Pg.2747 I6.F.7.a 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 c not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be U available to an indemnified party or person described in this paragraph. ti 8. NOTICES: >- All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly co served if mailed by registered or certified mail to the GRANTEE at the following address: a a E Yvonne Rhoads, President Naples/Marco region of Antique Automobile Club of America, Inc. 28 W. Pelican St. Naples, FL 34113 cc 0 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: E CD Jack Wert, Tourism Director Collier County Tourism Department E 2660 N. Horseshoe Drive Suite 105 Naples, Florida 34104 The GRANTEE and the COUNTY may change the above mailing address at any time a) upon giving the other party written notification pursuant to this Section. [04-CMG-00002/1272639/1] 6 f ‘ Packet Pg. 2748 1 6.F.7.a 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. U) 10. COOPERATION: a) GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this Q 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: ›- u_ co (a) The COUNTY or the GRANTEE may cancel this Agreement with or without co cause by giving thirty (30) days advance written notice of such termination specifying the effective 0 a date of termination. ct co (b) If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with 8 ns subcontractors and vendors, up to the effective date of the termination so long as such expenses are c E eligible. L 12. GENERAL ACCOUNTING: E N GRANTEE is required to maintain complete and accurate accounting records. All 0 revenue related to the Agreement must be recorded, and all expenditures must be incurred within F the term of this Agreement. 13. AVAILABILITY OF FUNDS: This Agreement is subject to the availability of Tourist Development Tax revenues. If for any reason tourist tax funds are not available to fund all or part of this Agreement, the [04-CMG-00002/1272639/1] 7 (C,:_. Packet Pg.2749 1 6.F.7.a 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 Q 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 ti involving any transactions related to this Agreement. >- 0o 15. PROHIBITION OF ASSIGNMENT: co GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this a E 16. TERM: This Agreement shall become effective on October 1, 2016 and shall remain effective for cc one year until September 30, 2017. 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 v E 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. E N The GRANTEE must request any extension of this term in writing at least sixty(60) days �o 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. The Amendment is subject to r approval by the Board. Q CAO) [04-CMG-00002/1272639/1] 8 Packet Pg. 2750 1 6.F.7.a 17. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report (Exhibit"A"— Final Status Report) to the Tourism Director or his designee by October 15, 2017. 18. REQUIRED NOTATION: a) All collateral material and advertisements should identify Collier County Tourism by displaying the CVB logo and website url www.paradisecoast.com. cc 19. AMENDMENTS: o This Agreement may only be amended by mutual written agreement of the parties, after >- review by the Collier County Tourist Development Council if warranted. 00 a) a E N 0 a) O et O v L 5 0) E a) a) E N L 0 C C, E U [04-CMG-00002/1272639/1] 9 (CAS` Packet Pg. 2751 16.F.7.a IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA w E By: Donna Fiala, Chairman n V Approved as to form and legality: olleen M. Greene 00 00 Assistant County Attorney WITNESSES: GRANTEE: (1) NAPLES/MARCO REGION OF ANTIQUE AUTOMOBILE CLUB OF AMERICA, INC. Printed/Typed Name a) (2) BY: Printed/Typed Name Printed/Typed Name Printed/Typed Title y Q [04-CMG-00002/1272639/1] 10 (CAn1 Packet Pg.2752 1 6.F.7.a EXHIBIT "A" Collier County Tourist Development Council Final Status Report (Due by Oct. 15, 2017) EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: LL ADDRESS: co co PHONE: FAX: Q. E U, 0 On an attached sheet, answer the following questions for each element in your scope of work. 0 Final - These questions should be answered for your final status report. E a) a) 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? 0 Total expenses. (Have all vendors been paid?) m List the vendors that have been paid, if not, what invoices are still outstanding and why? What is the number of participants that visited the project? What is the percentage of the total participants from out of Collier County? What problems occurred if any during the project event? List any out-of-county- advertising, marketing, and/or public relations that was used to support the project and attach samples. How could the project been improved or expanded? [04-CMG-00002/1272639/1] I 1 (t Packet Pg. 2753 1 6.F.7.a EXHIBIT "B" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS L a CONTACT PERSON TELEPHONE ( ) REQUEST PERIOD FROM TO E REQUEST# ( ) INTERIM REPORT ( ) FINAL REPORT u. TOTAL CONTRACT AMOUNT$ co 03 EXPENSE BUDGET REIMBURSEMENT REQUESTED °° a) 0. E 0 .0) TOTALS U L NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Reimbursement requests must include the following: evidence that the vendor invoices have been paid and samples of the promotional materials produced by that vendor or media outlet. E a) If project budget has specific categories with set dollar limits,the Grantee is required to include a spreadsheet to show which category each invoice is being paid from and total of category before payment can be made to Grantee. Organizations receiving funding should take into consideration that it will take a maximum of 45 days for the County to process a check. Furnishing false information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF CHIEF OFFICIAL OR DESIGNEE: I certify that the above information is correct based on our official accounting system and records, consistently applied and maintained and that the cost shown have been made for the purpose of and in accordance with, the terms of the E contract.The funds requested are for reimbursement of actual cost made during this time period. 5 SIGNATURE TITLE [04-CMG-00002/1272639/1] 12 Packet Pg.2754 1 6.F.7.a EXHIBIT "C" Naples Marco Island... Everglades VISITOR QUESTIONNAIRE PARAOISC COAST" Welcome to the Paradise Coast SM. Thank you for choosing this area for your visit. a) Please take a few minutes to complete the following questions so that we can a better serve the needs of future visitors to Florida's Last Paradise SM. PLEASE c REFER TO OUR PARADISE COAST BROCHURES FOR THE LOCATION OF ALL AREA RS ATTRACTIONS. t7 U a NAME: ti ADDRESS: CITY ST ZIP y DATE OF ARRIVAL: DATE OF DEPARTURE: `.`. WHERE ARE YOU HOTEL/RESORT FRIENDS/FAMILY CONDOMINIUM co STAYING? NAME OF HOTEL AND CITY/AREA: a NAME OF CONDOMINIUM/TIMESHARE: E as #OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY= y HOW DID YOU SELECT THE HOTEL/CONDOMINIUM? o INTERNET ( ) YOUR CHOICE ( ) TRAVEL AGENT ( ) ct OTHER: o U NUMBER OF MEALS YOU & YOUR GROUP WILL EAT OUT: " Number of people in your party = Number of days of your visit= cp Number of meals eaten out each day = 0 PLANNED AREA ACTIVITIES: (Please circle all that apply) a ARTS & CULTURE WATER SPORTS NATURE FAMILY von Liebig Art Center Beaches Everglades Tour ATTRACTIONS vi Artis Naples Naples Pier County Parks Naples Zoo Sugden Theatre Shelling National Park Naples Botanical Garden t�- Naples Philharmonic Fishing State Parks Fun 'n Sun Water Park m Art Galleries Boating Corkscrew Swamp Swamp Buggy Race Other Kayaking Conservancy of SW Mini Golf t Other FL County Museums E Lake Trafford Other -o Other Cri U ":'-i [04-CMG-00002/1272639/11 13 ( Packet Pg. 2755 16.F.7.a EXHIBIT "D" Naples/Marco Region of Antique Automobile Club of America, Inc. Project Budget U, Funding — Not to Exceed Out of Collier County area advertising and marketing related expenses to promote the Project $13,000 >- co CO co Total: $13,000 w d 0: O L ccz �F+ CD Q1 �r W c Q• [04-CMG-00002/1272639/1] 14 (C ) Packet Pg. 2756 I6.F.7.b 2017 CATEGORY"B"TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND BETTERMENT ASSOCIATION OF THE EVERGLADES AREA, INC. THIS AGREEMENT is made and entered into this day of , 2016, by and between Betterment Association of the Everglades Area, a) Inc., a Florida not-for-profit corporation, hereinafter referred to as "GRANTEE" and Collier ns 'Ln County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." o WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred LL to as "Plan") funded by proceeds from the Tourist Development Tax; and co co co WHEREAS, the Collier County Tourism Ordinance provides that certain of the revenues (i) 0. 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 the Everglades Seafood a) E Festival ("The Project"); and a) as WHEREAS, the Tourist Development Council has made a recommended finding to s: approve this funding request and that this expenditure promotes tourism; and a WHEREAS, the Collier County Board of County Commissioners has approved the E funding request of the GRANTEE, made a finding that this expenditure promotes tourism, and authorized the Chairman to execute this Agreement. (1) E NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES v cc PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: [04-CMG-00002/1272688/1] 1 Packet Pg.2757 16.F.7.b 1. SCOPE OF WORK: (a) In accordance with the authorized expenditures as set forth in the Budget, N attached hereto as Exhibit "D," the GRANTEE shall expend the funds for the out-of-County E promotion of The Project. 2. PAYMENT: L (a) The amount to be paid under this Agreement shall be a total of Twenty Five E- Thousand Dollars ($25,000). GRANTEE shall be paid in accordance with fiscal procedures of u_ the County for the expenditures incurred as described in Paragraph One (1) herein upon oo co submittal of a Request for Funds on the form attached hereto as Exhibit "B" and made a part -° ° hereof, and shall submit evidence that the vendor invoices have been paid and samples of the promotional materials produced by that vendor or media outlet to the Tourism Director or his Ta U designee, for review. Should these documents be unavailable, the GRANTEE may submit other a legally viable evidence of payment subject to review and approval by the Clerk of the Court's E L QC3 Finance Department. m (b) The Tourism Director or his designee shall determine that the invoice payments 6" E ° are authorized and that the goods or services covered by such invoice[s] have been provided or Q performed in accordance with such authorization. The budget attached as Exhibit "D" shall N ° constitute authorization for the expenditure[s] described in the invoice[s]. CO (c) All expenditures shall be made in confoiiiiity with this Agreement. (d) The COUNTY shall not pay GRANTEE until the Clerk's Finance Department pre-audits all payment invoices in accordance with law. [04-CMG-00002/1272688/1] ) Packet Pg.2758 16.F.7.b (e) GRANTEE shall be paid for its actual costs, not to exceed the maximum amount budgeted pursuant to the attached "Exhibit D." (� Expenditures with print publications, broadcast, digital and social platforms should be placed in media that runs outside of Collier County (can also run in Collier County) and will be reimbursed up to the percentage of circulation outside of Collier County. Distribution of promotional materials is encouraged outside of Collier County to promote overnight visitation, and will be reimbursed up to the percentage of distribution outside of Ps Collier County. Distribution percentages for outside Collier County media and promotional u_ materials will be based on the grantee's best information available. Invoices for prepayment or co for deposit on services will not be eligible for reimbursement. -a a) (g) Services or product must be delivered and paid for by GRANTEE between the effective dates of this Agreement. (h) All requests for reimbursement must be received prior to September 30, 2017 to Cr' be eligible for payment. E 3. ELIGIBLE EXPENDITURES: a) m (a) Only eligible expenditures described in Paragraph One (1) will be paid by E a) COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2016 and September 30, 2017. m (c) Any expenditures paid by COUNTY which are later deemed to be ineligible E expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY's written request to repay said funds. [04-CMG-00002/127268811] 3 Packet Pg. 2759 16.F.7.b (d) COUNTY may request repayment of funds for a period of up to three (3) years after teimination of this Agreement or any extension or renewal thereof. 4. REPORTING REQUIREMENTS: „J N (a) GRANTEE shall provide to County a final status report on the form attached E hereto as Exhibit"A"no later than October 15, 2017. (b) Each report shall identify the economic impact generated by the GRANTEE through the use of reports (Exhibit "A" — Final Status Report) which identify the amount spent, I- the duties performed, the services provided, and the goods delivered since the previous reporting >- period. o 03 (c) GRANTEE shall take reasonable measures to assure the continued satisfactory w performance of all vendors and subcontractors. cn (d) COUNTY may withhold any payments for failure of GRANTEE to provide the ° final status report and until the County receives the final status report or other report acceptable cn to the Tourism Director. E (e) GRANTEE shall request that visitors to the Everglades Seafood Festival complete m the visitor questionnaire attached to this Agreement as Exhibit"C." E a) 5. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming the Collier County Board of County Commissioners and the Tourist Development Council as additional insureds. co (b) The certificate of insurance must be valid for the duration of this Agreement, and E 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 [04-CMG-00002/1272688/1] 4 Packet Pg. 2760 1 6.F.7.b PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person (c) The Certificate of Insurance must be delivered to the Tourism Director or his Cl) designee with copies of the Agreement executed by GRANTEE. The GRANTEE shall not E 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 ♦Ln Agreement is fully executed. ti 6. CHOICE OF VENDORS AND FAIR DEALING: u_ (a) GRANTEE may select vendors or subcontractors to provide services as described co Co in Paragraph One (1). -0 (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 E employees, agents, officers, directors and/or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and E require payment if invoices have been paid under this Agreement for unreasonable expenditures. cs The reasonableness of the expenditures shall be based on industry standards. N 7. INDEMNIFICATION: m GRANTEE shall indemnify and hold harmless Collier County, its agents, officers and a E 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 [04-CMG-00002/1272688/1] 5 (C.) Packet Pg. 2761 16.F.7.b 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 8. NOTICES: E All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly w served if mailed by registered or certified mail to the GRANTEE at the following address: Carol Foss, President Betterment Association of the Everglades Area, Inc. r- 305 305 Collier Ave. Everglades City, FL 34139 ao 00 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly 00 served if mailed by registered or certified mail to the COUNTY to: Jack Wert, Tourism Director Collier County Tourism Department 2660 N. Horseshoe Drive Suite 105 Naples, Florida 34104 a The GRANTEE and the COUNTY may change the above mailing address at any time E upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: E a 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 N its vendors or subcontractors, as an agent or employee of the COUNTY. E°- m 10. COOPERATION: a) E GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this Agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. [04-CMG-00002/1272688/1] 6 Packet Pg. 2762 1 6.F.7.b 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 N date of termination. E (b) If the COUNTY terminates this Agreement, the COUNTY will pay the ar 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 I eligible. 12. GENERAL ACCOUNTING: co 00 co GRANTEE is required to maintain complete and accurate accounting records. All a revenue related to the Agreement must be recorded, and all expenditures must be incurred within the term of this Agreement. v 13. AVAILABILITY OF FUNDS: This Agreement is subject to the availability of Tourist Development Tax revenues. If E 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 E discretion, reduce or eliminate funding under this Agreement. 14. AVAILABILITY OF RECORDS: N GRANTEE shall maintain records, books, documents, papers and financial information m pertaining to work performed under this Agreement for a period of three (3) years. GRANTEE E 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 [04-CMG-00002/1272688/1] 7 Packet Pg. 2763 1 6.F.7.b examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any transactions related to this Agreement. 15. PROHIBITION OF ASSIGNMENT: 3 GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this a) Agreement without the prior written consent of the COUNTY. a), 16. TERM: This Agreement shall become effective on October 1, 2016 and shall remain effective for ti one year until September 30, 2017. If the project is not completed within the term of this r Agreement, all unreleased funds shall be retained by the COUNTY. Any extension of this co co Agreement beyond the one (1) year term in order to complete the Project must be at the express a a. consent of the Collier County Board of County Commissioners. co 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 ¢ r Agreement to extend the term for an additional ninety (90) days. The Amendment is subject to a E approval by the Board. a'D 17. EVALUATION OF TOURISM IMPACT: a E GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report (Exhibit"A"— Final Status Report) to the Tourism Director or his designee by October 15, 2017. E°— m 18. REQUIRED NOTATION: E All collateral material and advertisements should identify Collier County Tourism by displaying the CVB logo and website url www.paradisecoast.com. [04-CMG-00002/1272688/1] 8 Packet Pg.2764 16.F.7.b 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. ************************ N E a) LN 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 'L^ written. F- ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA co co co By: Donna Fiala, Chairman E Approved as to form and legality: ca olleen M. Greene Assistant County Attorney WITNESSES: GRANTEE: a, (1) BETTERMENT ASSOCIATION OF THE m EVERGLADES AREA, INC. E Printed/Typed Name a) (2) BY: Printed/Typed Name Printed/Typed Name &Title m d [04-CMG-00002/1272688/1] 9 Packet Pg.2765 16.F.7.b EXHIBIT "A" Collier County Tourist Development Council _ n Final Status Report (Due by Oct. 15, 2017) L EVENT NAME: U REPORT DATE: ti ORGANIZATION: >- CONTACT PERSON: TITLE: co ADDRESS: 0 PHONE: FAX: O :v On an attached sheet, answer the following questions for each element in your scope of work. �. c E 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?) 0 List the vendors that have been paid, if not, what invoices are still outstanding and why? m What is the number of participants that visited the project? What is the percentage of the total participants from out of Collier County? What problems occurred if any during the project event? List any out-of-county- advertising, marketing, and/or public relations that was used to support the project and attach samples. How could the project been improved or expanded? [04-CMG-00002/1272688/1] 10 Ci Packet Pg. 2766 1 6.F.7.b EXHIBIT "B" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION m ADDRESS Q C CONTACT PERSON TELEPHONE ( ) ct REQUEST PERIOD FROM TO H REQUEST# >- u. ( ) INTERIM REPORT ( ) FINAL REPORT co oo TOTAL CONTRACT AMOUNT$ co EXPENSE BUDGET REIMBURSEMENT REQUESTED a E N C O cQ U O N TOTALS `t NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in E your application. Reimbursement requests must include the following: evidence that the vendor a; invoices have been paid and samples of the promotional materials produced by that vendor or m media outlet. C w 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. a[ Furnishing false information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF CHIEF OFFICIAL OR DESIGNEE: I certify that the above information is correct based on our official accounting system and records, consistently applied and maintained and m that the cost shown have been made for the purpose of and in accordance with, the terms of the contract. The funds requested are for reimbursement of actual cost made during this time period. SIGNATURE TITLE [04-CMG-00002/1272688/1] 11 S .- Packet Pg. 2767 I6.F.7.b EXHIBIT "C" Naples Marco Island 3 Everglades VISITOR QUESTIONNAIRE cu PARA DtS[ GOAfiT" P. Welcome to the Paradise Coast SM. Thank you for choosing this area for your visit. a Please take a few minutes to complete the following questions so that we can co better serve the needs of future visitors to Florida's Last Paradise 5M . PLEASE 6 REFER TO OUR PARADISE COAST BROCHURES FOR THE LOCATION OF ALL AREA v 0 ATTRACTIONS. I— I-- ,-- NAME: tiNAME: >- ADDRESS: CITY ST ZIP co DATE OF ARRIVAL: DATE OF DEPARTURE: oo WHERE ARE YOU HOTEL/RESORT FRIENDS/FAMILY CONDOMINIUM 0 STAYING? g E NAME OF HOTEL AND CITY/AREA: 2 N NAME OF CONDOMINIUM/TIMESHARE: o #OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY = HOW DID YOU SELECT THE HOTEL/CONDOMINIUM? o INTERNET ( ) YOUR CHOICE ( ) TRAVEL AGENT ( ) a OTHER: c NUMBER OF MEALS YOU & YOUR GROUP WILL EAT OUT: E Number of people in your party = 2 Number of days of your visit= m Number of meals eaten out each day = c PLANNED AREA ACTIVITIES: (Please circle all that apply) E ARTS & CULTURE WATER SPORTS NATURE FAMILY a von Liebig Art Center Beaches Everglades Tour ATTRACTIONS c Ards Naples Naples Pier County Parks Naples Zoo Sugden Theatre Shelling National Park Naples Botanical Garden vEi Naples Philharmonic Fishing State Parks Fun 'n Sun Water Park .� Art Galleries Boating Corkscrew Swamp Swamp Buggy Race too Other Kayaking Conservancy of SW Mini Golf Other FL County Museums m Lake Trafford Other c Other SHOPPING AND DINING SIGHTSEEING RELAXATION & ci Fifth Avenue South Lunch/Dinner Cruise! ENTERTAINMENT t° Third Street South Sunset Cruise Golf Q Waterside Shops City Trolley Tour Spa Venetian Bay Everglades Tour Shelling Bayfront Segway Tour Seminole Casino Tin City Dolphin Cruise Lounges&Clubs Other Other Music Other [04-CMG-00002/127268811] 12 , Packet Pg. 2768 1 6.F.7.b EXHIBIT "D" Betterment Association of the Everglades Area, Inc. Project Budget Funding — Not to Exceed a Y /Ln V Out of Collier County area advertising and marketing related expenses to promote the Project >LL 00 00 $25,000 00 Total: $25,000 O ca O N Q L 63Y 0 RS [04-CMG-00002/1272688/11 13 Packet Pg.2769 16.F.7.c 2017 CATEGORY"B" TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND OLD NAPLES WATERFRONT ASSOCIATION INC. THIS AGREEMENT is made and entered into this day of , 2016, by and between Old Naples Waterfront Association, Inc., a Florida not-for-profit corporation, hereinafter referred to as "GRANTEE" and Collier County, a political rn subdivision of the State of Florida,hereinafter referred to as"COUNTY." C' ,R V WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as"Plan") funded by proceeds from the Tourist Development Tax; and >- u_ WHEREAS, the Collier County Tourism Ordinance provides that certain of the revenues co co generated by the Tourist Development Tax are to be allocated to promote and advertise tourism C2- within within the State of Florida, nationally and internationally which encourages tourism; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County cc to use Tourist Development Tax funds for out of County promotion of the Stone Crab Festival; 0 and E WHEREAS, the Tourist Development Council has made a recommended finding to approve this funding request and that this expenditure promotes tourism; and WHEREAS, the Collier County Board of County Commissioners has approved the funding request of the GRANTEE, made a finding that this expenditure promotes tourism, and E authorized the Chairman to execute this Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: [04-CMG-00002/1272635/1] 1 cAO) Packet Pg. 2770 1 6.F.7.c 1. SCOPE OF WORK: (a) In accordance with the authorized expenditures as set forth in the Budget, attached hereto as Exhibit "D," the GRANTEE shall expend the funds for the out-of-County promotion of The Project. N 2. PAYMENT: E (a) The amount to be paid under this Agreement shall be a total of Twenty Thousand Dollars ($20,000). GRANTEE shall be paid in accordance with fiscal procedures of the County 'L^ V for the expenditures incurred as described in Paragraph One (1) herein upon submittal of a Request for Funds on the form attached hereto as Exhibit "B" and made a part hereof, and shall >- u_ submit evidence that the vendor invoices have been paid and samples of the promotional ao OD materials produced by that vendor or media outlet to the Tourism Director or his designee, for a) eL review. Should these documents be unavailable, the GRANTEE may submit other legally viable evidence of payment subject to review and approval by the Clerk of the Court's Finance ca Department. -0 0 (b) The Tourism Director or his designee shall determine that the invoice payments E 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 "D" shall constitute authorization for the expenditure[s] described in the invoice[s]. �°- m (c) All expenditures shall be made in conformity with this Agreement. E (d) The COUNTY shall not pay GRANTEE until the Clerk's Finance Department pre-audits all payment invoices in accordance with law. (e) GRANTEE shall be paid for its actual costs, not to exceed the maximum amount budgeted pursuant to the attached "Exhibit D." [04-CMG-00002/1272635/1] 2 Packet Pg. 2771 16.F.7.c (f) Expenditures with print publications, broadcast, digital and social platforms should be placed in media that runs outside of Collier County (can also run in Collier County) and will be reimbursed up to the percentage of circulation outside of Collier County. Distribution of promotional materials is encouraged outside of Collier County to promote overnight visitation, and will be reimbursed up to the percentage of distribution outside of Collier County. Distribution percentages for outside Collier County media and promotional CD materials will be based on the grantee's best information available. Invoices for prepayment or etfor deposit on services will not be eligible for reimbursement. (g) Services or product must be delivered and paid for by GRANTEE between the } effective dates of this Agreement. co co (h) All requests for reimbursement must be received prior to September 30, 2017 to be eligible for payment. ca 3. ELIGIBLE EXPENDITURES: a) 0 (a) Only eligible expenditures described in Paragraph One (1) will be paid by -0 COUNTY. CD E (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2016 and September 30, 2017. (c) Any expenditures paid by COUNTY which are later deemed to be ineligible co expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY's written request E • 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 [04-CMG-00002/1272635/1] 3 Packet Pg. 2772 1 6.F.7.c 4. REPORTING REQUIREMENTS: (a) GRANTEE shall provide to County a final status report on the form attached hereto as Exhibit"A" no later than October 15, 2017. (b) Each report shall identify the economic impact generated by the GRANTEE through the use of reports (Exhibit "A" — Final Status Report) which identify the amount spent, the duties performed, the services provided, and the goods delivered since the previous reporting period. ,L^ (c) GRANTEE shall take reasonable measures to assure the continued satisfactory o performance of all vendors and subcontractors. u_ (d) COUNTY may withhold any payments for failure of GRANTEE to provide the p co final status report and until the County receives the final status report or other report acceptable -a a. to the Tourism Director. cc (e) GRANTEE shall request that visitors to the Stone Crab Festival complete the visitor questionnaire attached to this Agreement as Exhibit"C." -za 0 5. INSURANCE: E °' (a) GRANTEE shall submit a Certificate of Insurance naming the Collier County rn Board of County Commissioners and the Tourist Development Council as additional insureds. N (b) The certificate of insurance must be valid for the duration of this Agreement, and f°- CO w be issued by a company licensed in the State of Florida, and provide General Liability Insurance E for no less than the following amounts: .12 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 [04-CMG-00002/1272635/1] 4 Packet Pg. 2773 1 6.F.7.c (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. 6. CHOICE OF VENDORS AND FAIR DEALING: E a (a) GRANTEE may select vendors or subcontractors to provide services as described rL^ 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. co cc) (c) GRANTEE agrees to disclose any financial or other relationship between -a a) a GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related N employees, agents, officers, directors and/or shareholders. °' (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and -0 require payment if invoices have been paid under this Agreement for unreasonable expenditures. E 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 Ca employees from any and all liabilities, damages, losses and costs, including, but not limited to, F E reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, tc 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 [04-CMG-00002/1272635/1] 5 Packet Pg. 2774 1 6.F.7.c 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 17)- served served if mailed by registered or certified mail to the GRANTEE at the following address: Jason Camp, President Old Naples Waterfront Association, Inc. a 465 Bayfront Place Naples, FL 34102 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly o ti served if mailed by registered or certified mail to the COUNTY to: lLl.. CO CO Jack Wert, Tourism Director Collier County Tourism Department 2660 N. Horseshoe Drive Suite 105 a Naples, Florida 34104 The GRANTEE and the COUNTY may change the above mailing address at any time to upon giving the other party written notification pursuant to this Section. 0 9. NO PARTNERSHIP: E Nothing herein contained shall be construed as creating a partnership between the rn 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. F- CO 10. COOPERATION: a E GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this Agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. [04-CMG-00002/1272635/1] 6 rri Packet Pg. 2775 16.F.7.c 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 a' subcontractors and vendors, up to the effective date of the termination so long as such expenses areea eligible. 12. GENERAL ACCOUNTING: r L GRANTEE is required to maintain complete and accurate accounting records. All 00 00 revenue related to the Agreement must be recorded, and all expenditures must be incurred within the term of this Agreement. N N 13. AVAILABILITY OF FUNDS: This Agreement is subject to the availability of Tourist Development Tax revenues. If -a 0 for any reason tourist tax funds are not available to fund all or part of this Agreement, the E COUNTY may upon written notice, at any time during the term of this Agreement, and at its sole ct discretion, reduce or eliminate funding under this Agreement. cn 14. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information E 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 [04-CMG-0000211272635/1] 7 Packet Pg. 2776 I6.F.7.c 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. E E 16. TERM: ct This Agreement shall become effective on October 1, 2016 and shall remain effective for co /L^ one year until September 30, 2017. If the project is not completed within the term of this o Agreement, all unreleased funds shall be retained by the COUNTY. Any extension of this >- u_ Agreement beyond the one (1) year term in order to complete the Project must be at the express co co consent of the Collier County Board of County Commissioners. a) The GRANTEE must request any extension of this term in writing at least sixty (60) days CA 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. The Amendment is subject to -0 0 approval by the Board. a E 17. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report (Exhibit "A"—Final Status Report) to the Tourism Director or his designee by October 15, 2017. E 18. REQUIRED NOTATION: All collateral material and advertisements should identify Collier County Tourism by displaying the CVB logo and website url www.paradisecoast.com. [04-CMG-00002/1272635/1] 8 Packet Pg. 2777 16.F.7.c 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 L'3) written. ATTEST: BOARD OF COUNTY COMMISSIONERS 0 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA N.>- By: Donna Fiala, Chairman 00 Approved as to form and legality: (CO) \\ R011een M. Greene a) Assistant County Attorney z -L3 WITNESSES: GRANTEE: (1) OLD NAPLES WATERFRONT ASSOCIATION, INC. Printed/Typed Name (2) BY: 0 co Printed/Typed Name Printed/Typed Name &Title [04-CMG-00002/1272635/1] 9 Packet Pg.2778 1 6.F.7.c EXHIBIT "A" Collier County Tourist Development Council Final Status Report (Due by Oct. 15, 2017) 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. u_ Final —These questions should be answered for your final status report. co co 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?) N 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? c) ft, [04-CMG-0000211272635/1] 10 Packet Pg.2779 1 6.F.7.c EXHIBIT "B" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS .N CONTACT PERSON TELEPHONE ( ) REQUEST PERIOD FROM TO REQUEST# Ln V ( ) INTERIM REPORT ( ) FINAL REPORT U TOTAL CONTRACT AMOUNT$ r- >- EXPENSE EXPENSE BUDGET REIMBURSEMENT REQUESTED LJ co co co a) a E R .J U) TOTALS c' NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Reimbursement requests must include the following: evidence that the vendor 73 invoices have been paid and samples of the promotional materials produced by that vendor or media outlet. ami E If project budget has specific categories with set dollar limits, the Grantee is required to include a spreadsheet to show which category each invoice is being paid from and total of category before payment can be made to Grantee. Organizations receiving funding should take into consideration that it will take a maximum of 45 days for the County to process a check. Furnishing false information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF CHIEF OFFICIAL OR DESIGNEE: I certify that the above information is correct m 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. E SIGNATURE TITLE am, Ca [04-CMG-00002/1272635'!] Packet Pg. 2780 16.F.7.c EXHIBIT "C" Naples MarIsland Everglades RARADISC �oAe,.. VISITOR QUESTIONNAIRE Welcome to the Paradise Coast SM. Thank you for choosing this area for your visit. 1 Please take a few minutes to complete the following questions so that we can c better serve the needs of future visitors to Florida's Last Paradise 5M. PLEASE REFER TO OUR PARADISE COAST BROCHURES FOR THE LOCATION OF ALL AREA °' ATTRACTIONS. c NAME: c� ADDRESS: CITY ST ZIP o DATE OF ARRIVAL: DATE OF DEPARTURE: ~- WHERE ARE YOU HOTEL/RESORT FRIENDS/FAMILY CONDOMINIUM STAYING? LL NAME OF HOTEL AND CITY/AREA: co co NAME OF CONDOMINIUM/TIMESHARE: #OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY= a HOW DID YOU SELECT THE HOTEL/CONDOMINIUM? t INTERNET ( ) YOUR CHOICE ( ) TRAVEL AGENT ( ) y co OTHER: co NUMBER OF MEALS YOU & YOUR GROUP WILL EAT OUT: Z.as Number of people in your party = -0 Number of days of your visit= o Number of meals eaten out each day = 5 PLANNED AREA ACTIVITIES: (Please circle all that apply) c ARTS & CULTURE WATER SPORTS NATURE FAMILY P. von Liebig Art Center Beaches Everglades Tour ATTRACTIONS a) Q Artis Naples Naples Pier County Parks Naples Zoo Sugden Theatre Shelling National Park Naples Botanical Garden y Naples Philharmonic Fishing State Parks Fun 'n Sun Water Park 6 Art Galleries Boating Corkscrew Swamp Swamp Buggy Race �o Other Kayaking Conservancy of SW Mini Golf ca Other FL County Museums • Lake Trafford Other c Other E E SHOPPING AND DINING SIGHTSEEING RELAXATION & o Fifth Avenue South Lunch/Dinner Cruise/ ENTERTAINMENT 2 Third Street South Sunset Cruise Golf Zt Waterside Shops City Trolley Tour Spa Venetian Bay Everglades Tour Shelling Bayfront Segway Tour Seminole Casino Tin City Dolphin Cruise Lounges&Clubs Other Other Music Other t [04-CMG-00002/1272635/1] 12 i) Packet Pg. 2781 16.F.7.c EXHIBIT "D" Old Naples Waterfront Association, Inc. Project Budget N 4-+ N Funding — Not to Exceed w Out of Collier County area advertising and marketing L related expenses to promote the Project ti } $20,000 `_ . co q co Total: $20,000 N t0 7L 0 co 4E; c R [04-CMG-00002/1272635/1] 13 Packet Pg.2782 16.F.7.d 2017 CATEGORY"B" TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND KIWANIS CLUB OF PELICAN BAY,NAPLES, INC. THIS AGREEMENT is made and entered into this day of N , 2016, by and between Kiwanis Club of Pelican Bay, Naples, Inc., a E 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." cu 'L^ V WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred o I- to as "Plan") funded by proceeds from the Tourist Development Tax; and } WHEREAS, the Collier County Tourism Ordinance provides that certain of the revenues 00 00 generated by the Tourist Development Tax are to be allocated to promote and advertise tourism -a CL) within the State of Florida, nationally and internationally which encourages tourism; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County m to use Tourist Development Tax funds for out of County promotion of BaconFest Naples ("The a. Project"); and E WHEREAS, the Tourist Development Council has made a recommended finding to approve this funding request and that this expenditure promotes tourism; and y WHEREAS, the Collier County Board of County Commissioners has approved the f°- co funding request of the GRANTEE, made a finding that this expenditure promotes tourism, and E authorized the Chairman to execute this Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: [04-CMG-00002/1272634/1] 1 Packet Pg. 2783 16.F.7.d 1. SCOPE OF WORK: (a) In accordance with the authorized expenditures as set forth in the Budget, attached hereto as Exhibit "D," the GRANTEE shall expend the funds for the out-of-County promotion of The Project. N 2. PAYMENT: E Q, (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 o I- ti submittal of a Request for Funds on the form attached hereto as Exhibit `B" and made a part u_ hereof, and shall submit evidence that the vendor invoices have been paid and samples of the 00 co promotional materials produced by that vendor or media outlet to the Tourism Director or his -a a) a designee, for review. Should these documents be unavailable, the GRANTEE may submit other legally viable evidence of payment subject to review and approval by the Clerk of the Court's Finance Department. (b) The Tourism Director or his designee shall determine that the invoice payments are authorized and that the goods or services covered by such invoice[s] have been provided or a� performed in accordance with such authorization. The budget attached as Exhibit "D" shall y •L constitute authorization for the expenditure[s] described in the invoice[s]. m (c) All expenditures shall be made in conformity with this Agreement. E (d) The COUNTY shall not pay GRANTEE until the Clerk's Finance Department pre-audits all payment invoices in accordance with law. (e) GRANTEE shall be paid for its actual costs, not to exceed the maximum amount budgeted pursuant to the attached "Exhibit D." [04-CMG-00002/1272634/1] 2 Packet Pg. 2784 16.F.7.d (f) Expenditures with print publications, broadcast, digital and social platforms should be placed in media that runs outside of Collier County (can also run in Collier County) and will be reimbursed up to the percentage of circulation outside of Collier County. Distribution of promotional materials is encouraged outside of Collier County to promote overnight visitation, and will be reimbursed up to the percentage of distribution outside of Collier County. Distribution percentages for outside Collier County media and promotional materials will be based on the grantee's best information available. Invoices for prepayment or E' c5 for deposit on services will not be eligible for reimbursement. (g) Services or product must be delivered and paid for by GRANTEE between the effective dates of this Agreement. co co (h) All requests for reimbursement must be received prior to September 30, 2017 to -o be eligible for payment. v 3. ELIGIBLE EXPENDITURES: m (a) Only eligible expenditures described in Paragraph One (1) will be paid by a COUNTY. c a) as (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2016 _' and September 30, 2017. N (c) Any expenditures paid by COUNTY which are later deemed to be ineligible F- m expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY's written request E to repay said funds. caca (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. [04-CMG-00002/1272634/1] 3 Packet Pg. 2785 I6.F.7.d 4. REPORTING REQUIREMENTS: (a) GRANTEE shall provide to County a final status report on the form attached hereto as Exhibit"A" no later than October 15, 2017. (b) Each report shall identify the economic impact generated by the GRANTEE 3 through the use of reports (Exhibit "A" — Final Status Report) which identify the amount spent, the duties performed, the services provided, and the goods delivered since the previous reporting period. cc (c) GRANTEE shall take reasonable measures to assure the continued satisfactory I- ti performance of all vendors and subcontractors. (d) COUNTY may withhold any payments for failure of GRANTEE to provide the co oo final status report and until the County receives the final status report or other report acceptable O. to the Tourism Director. w 0 (e) GRANTEE shall request that visitors to the BaconFest Naples complete the visitor questionnaire attached to this Agreement as Exhibit"C." 5. INSURANCE: °- r (a) GRANTEE shall submit a Certificate of Insurance naming the Collier County Board of County Commissioners and the Tourist Development Council as additional insureds. E (b) The certificate of insurance must be valid for the duration of this Agreement, and 0 be issued by a company licensed in the State of Florida, and provide General Liability Insurance m a> for no less than the following amounts: E 0 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 [04-CMG-00002/1272634/1] 4 Packet Pg.2786 1 6.F.7.d (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 N Agreement is fully executed. E E 6. CHOICE OF VENDORS AND FAIR DEALING: a) (a) GRANTEE may select vendors or subcontractors to provide services as described ,Ln in Paragraph One (1). ca r- (b) (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. o (c) GRANTEE agrees to disclose any financial or other relationship between -a w GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. m (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and a. 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 °- m employees from any and alI liabilities, damages, losses and costs, including, but not limited to, E 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 [04-CMG-00002/1272634/1] S /Th Packet Pg. 2787 16.F.7.d not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. 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: Alan Beckner, Chairman Kiwanis Club of Pelican Bay,Naples, Inc. Q 2065 Painted Palm Dr. co Naples, FL 34119 c.6 U 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: "- 00 oo Jack Wert, Tourism Director 00 Collier County Tourism Department 2660 N. Horseshoe Drive Suite 105 Naples, Florida 34104co The GRANTEE and the COUNTY may change the above mailing address at any time m CO upon giving the other party written notification pursuant to this Section. a w 9. NO PARTNERSHIP: a 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. i°— co 10. COOPERATION: E ) GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this Agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. [04-CMG-00002/1272634/1] 6 Packet Pg. 2788 16.F.7.d 11. TERMINATION: (a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination specifying the effective date of termination. U) (b) If the COUNTY terminates this Agreement, the COUNTY will pay the CDE 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. ti 12. GENERAL ACCOUNTING: u_ GRANTEE is required to maintain complete and accurate accounting records. All co revenue related to the Agreement must be recorded, and all expenditures must be incurred within -a C) the term of this Agreement. 13. AVAILABILITY OF FUNDS: This Agreement is subject to the availability of Tourist Development Tax revenues. If for any reason tourist tax funds are not available to fund all or part of this Agreement, the E COUNTY may upon written notice, at any time during the term of this Agreement, and at its sole ca discretion, reduce or eliminate funding under this Agreement. 14. AVAILABILITY OF RECORDS: f° m GRANTEE shall maintain records, books, documents, papers and financial information E pertaining to work performed under this Agreement for a period of three (3) years. GRANTEE asas 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 [04-CMG-0000211272634/11 7 r^i Packet Pg. 2789 I6.F.7.d 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 N r-+ Agreement without the prior written consent of the COUNTY. E a) 16. TERM: This Agreement shall become effective on October 1, 2016 and shall remain effective for 'Ln one year until September 30, 2017. If the project is not completed within the term of this �-- ti Agreement, all unreleased funds shall be retained by the COUNTY. Any extension of this u_ Agreement beyond the one (1) year term in order to complete the Project must be at the expressco co consent of the Collier County Board of County Commissioners. a The GRANTEE must request any extension of this term in writing at least sixty(60) days N prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this m co Agreement to extend the term for an additional ninety (90) days. The Amendment is subject toTy a. approval by the Board. a 17. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report (Exhibit "A"— Final Status Report) F- m to the Tourism Director or his designee by October 15, 2017. E 18. REQUIRED NOTATION: All collateral material and advertisements should identify Collier County Tourism by displaying the CVB logo and website url www.paradisecoast.com. 19. AMENDMENTS: [04-CMG-00002/1272634/1] 8 Packet Pg. 2790 1 6.F.7.d 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 a) written. °' rn ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA c� U N ti By: Donna Fiala, Chairman co 03 co Approved as to form and legality: -a olleen M. Greene N Assistant County Attorney m WITNESSES: GRANTEE: a. (1) KIWANIS CLUB OF PELICAN BAY, NAPLES, a" INC. Printed/Typed Name (2) BY: m Printed/Typed Name Printed/Typed Name E c6 Printed/Typed Title [04-CMG-00002/1272634/1] 9 �`10/ Packet Pg. 2791 I6.F.7.d EXHIBIT "A" Collier County Tourist Development Council Final Status Report (Due by Oct. 15, 2017) EVENT NAME: REPORT DATE: cis ORGANIZATION: ti CONTACT PERSON: TITLE: >- u_ ADDRESS: co co PHONE: FAX: CD E Y On an attached sheet, answer the following questions for each element in your m scope of work. .a) n. 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? [04-CMG-00002/1272634/1] 10 (170) Packet Pg. 2792 1 6.F.7.d EXHIBIT "B" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION v, ADDRESS E a, CONTACT PERSON TELEPHONE( ) REQUEST PERIOD FROM TO 0 REQUEST# ( ) INTERIM REPORT ( ) FINAL REPORT ›- TOTAL TOTAL CONTRACT AMOUNT$ LL co EXPENSE BUDGET REIMBURSEMENT REQUESTED 000 a, a E 4o N A f6 TOTALS NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in a. your application. Reimbursement requests must include the following: evidence that the vendor invoices have been paid and samples of the promotional materials produced by that vendor or media outlet. aai a, 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 E payment can be made to Grantee. Organizations receiving funding should take into consideration en that it will take a maximum of 45 days for the County to process a check. Furnishing false information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF CHIEF OFFICIAL OR DESIGNEE: I certify that the above information is correct based on our official accounting system and records, consistently applied and maintained and that the cost shown have been made for the purpose of and in accordance with, the terms of the contract.The funds requested are for reimbursement of actual cost made during this time period. SIGNATURE TITLE [041-CMG-00002/1272634/1] 11 Packet Pg. 2793 I6.F.7.d EXHIBIT "C" Naples Marco Island Everglades N GARADISC COA67. VISITOR QUESTIONNAIRE Welcome to the Paradise Coast SM Thank you for choosing this area for your visit. a, Please take a few minutes to complete the following questions so that we can 2 better serve the needs of future visitors to Florida's Last Paradise 5M. PLEASE a REFER TO OUR PARADISE COAST BROCHURES FOR THE LOCATION OF ALL AREA 5 L ATTRACTIONS. t9 0 0 NAME: I-- ADDRESS: CITY ST ZIP T r DATE OF ARRIVAL: DATE OF DEPARTURE: u_ WHERE ARE YOU HOTEL/RESORT FRIENDS/FAMILY CONDOMINIUM o STAYING? 00 NAME OF HOTEL AND CITY/AREA: 0 NAME OF CONDOMINIUM/TIMESHARE: E #OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY = y HOW DID YOU SELECT THE HOTEL/CONDOMINIUM? ca INTERNET ( ) YOUR CHOICE ( ) TRAVEL AGENT ( ) m OTHER: co NUMBER OF MEALS YOU & YOUR GROUP WILL EAT OUT: a Number of people in your party = 5 Number of days of your visit= c' Number of meals eaten out each day = PLANNED AREA ACTIVITIES: (Please circle all that apply) a ARTS & CULTURE WATER SPORTS NATURE FAMILY E von Liebig Art Center Beaches Everglades Tour ATTRACTIONS Artis Naples Naples Pier County Parks Naples Zoo 0 Sugden Theatre Shelling National Park Naples Botanical Garden i- Naples Philharmonic Fishing State Parks Fun 'n Sun Water Park co Art Galleries Boating Corkscrew Swamp Swamp Buggy Race Other Kayaking Conservancy of SW Mini Golf Other FL County Museums E Lake Trafford Other o Other L's SHOPPING AND DINING SIGHTSEEING RELAXATION & ;1.":t 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 Other Other Music Other 0040 [04-CMG-0000211272634/1] 12 Packet Pg. 2794 16.F.7.d EXHIBIT "D" w E C) Kiwanis Club of Pelican Bay, Inc. Project Budget rLn Funding — Not to Exceed LL co Out of Collier County area advertising and marketing 00 related expenses to promote the Project $25,000RI I U Total: $25,000 a CD m �F+ Q) E [N-CMG-00002/1272634/1.1 13 (AO) Packet Pg. 2795 16.F.7.e 2017 CATEGORY"C-2"TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND ARTIS-NAPLES,INC. THIS AGREEMENT is made and entered into this day of , 2016, by and between Artis-Naples, Inc., a Florida not-for-profit corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred L to as"Plan")funded by proceeds from the Tourist Development Tax; and Q (11 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, ti enlarge, remodel, repair, improve, maintain, operate or promote museums owned and operated >- 03 by not-for-profit organizations and open to the public; and c WHEREAS, GRANTEE has applied to the Tourist Development Council and the County E to use Tourist Development Tax funds for GRANTEE'S marketing expenses to promote exhibits a and festivals using out-of-market advertising to attract overnight visitors to Collier County; and a) ea WHEREAS, the Tourist Development Council has recommended funding for N L GRANTEE'S out-of-market advertising expenditures for the promotion of events to attract visitors and has made a recommended finding that this expenditure promotes tourism; and V, WHEREAS, the Board of County Commissioners ("Board") has made a finding that GRANTEE qualifies as a museum and that the Project expenditure promotes tourism; 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. [04-CMG-00002/1272495/1] 1 /'\ Packet Pg.2796 16.F.7.e 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 "D," the GRANTEE shall expend the funds for the promotion of GRANTEE'S marketing of Origami in the Garden(hereinafter"the Project"). CD 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of One Hundred Fifty Thousand Dollars ($150,000). GRANTEE shall be paid in accordance with the fiscal procedures ti of the County for the expenditures incurred as described in Paragraph One (1) herein upon >- submittal of a Request for Funds on the form attached hereto as Exhibit "B" and made a part co hereof, and shall submit evidence that the vendor invoices have been paid and samples of the E CD promotional materials produced by that vendor or media outlet to the Tourism Director, or his designee, for review. Should these documents be unavailable, the GRANTEE may submit other a) Ti. legally viable evidence of payment subject to review and approval by the Clerk's Finance Department. "e; (b) The Tourism Director, or his designee, shall determine that the invoice payments t4 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 "D" shall constitute authorization for the expenditure[s] described in the invoice[s]. (c) All expenditures shall be made in conformity with this Agreement. [04-CMG-00002/1272495/1] 2 rTh Packet Pg. 2797 16.F.7.e (d) The COUNTY shall not pay GRANTEE until the Clerk's Finance Department pre-audits all payment invoices in accordance with law. (e) GRANTEE shall be paid for its actual costs, not to exceed the maximum amount budgeted pursuant to the attached"Exhibit D." (f) Expenditures with print publications, broadcast, digital and social platforms should be placed in media that run outside Collier County (can also run in Collier County) and will be reimbursed up to the percentage of circulation or listenership outside of Collier County. E F.12 Distribution of promotional materials is encouraged outside of Collier County to promote Q overnight visitation, and will be reimbursed up to the percentage of distribution outside of cti Collier County. Distribution percentages for outside of Collier County media and promotional ° ti materials will be based on the grantee's best information available. >- oo (g) Invoices for prepayment or for deposit on services will not be eligible for 00 reimbursement. a) E (h) Services or product must be delivered and paid for by GRANTEE between the effective dates of this Agreement. C. (i) All requests for reimbursement must be received by September 30, 2017 to be y c= eligible for payment. 3. ELIGIBLE EXPENDITURES: f6 (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, 2016 and September 30, 2017. [04-CMG-00002/1272495/1] 3 rThl Packet Pg. 2798 16.F.7.e (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. VS (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 ti for no less than the following amounts: >- co BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY$300,000 each claim per person E PERSONAL INJURY LIABILITY $300,000 each claim per person a WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY—Statutory (c) The Certificate of Insurance must be delivered to the Tourism Director or his N w designee with copies of the Agreement executed by GRANTEE. The GRANTEE shall not commence promotional or advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY and the Agreement is fully executed. 5. REPORTING REQUIREMENTS: (a) GRANTEE shall provide to County a final status report on the form attached hereto as Exhibit"A"no later than October 15, 2017. [04-CMG-00002/1272495/1] 4 OVa Packet Pg. 2799 16.F.7.e (b) Each report shall identify the economic impact generated by the GRANTEE through the use of reports (Exhibit "A" — Final Status Report) which identify the amount spent, the duties performed, the services provided, and the goods delivered since the previous reporting period. (c) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. 3 (d) COUNTY may withhold any payments for failure of GRANTEE to provide the E a) final status report and until the County receives the final status report or other report acceptable c to the Tourism Director. T. (e) GRANTEE shall request that visitors to Artis-Naples complete the visitor r• questionnaire attached to this Agreement as Exhibit"C." >- 00 6. CHOICE OF VENDORS AND FAIR DEALING: o (a) GRANTEE may select vendors or subcontractors to provide services as described E w in Paragraph One (1). L (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. N (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 Y 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: [04-CMG-00002/1272495/1] 5 FED Packet Pg. 2800 16.F.7.e 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. L 8. NOTICES: co All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly U served if mailed by registered or certified mail to the GRANTEE at the following address: Kathleen van Bergen, CEO and President Artis-Naples, Inc. c; 5833 Pelican Bay Blvd. o Naples, Florida 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 2660 N. Horseshoe Drive Suite 105 Naples, Florida 34104 w The GRANTEE and the COUNTY may change the above mailing address at any time ¢ upon giving the other party written notification pursuant to this Section. 9. PARTNERSHIP: [04-CMG-00002/1272495/1] 6 Packet Pg.2801 16.F.7.e 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 ti date of termination. >- co (b) If the COUNTY terminates this Agreement, the COUNTY will pay theco GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with E CD subcontractors and vendors,up to the effective date of the termination so long as such expenses are16) eligible. 12. GENERAL ACCOUNTING: y GRANTEE is required to maintain complete and accurate accounting records. All (E 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 104-CMG-00002/1272495/11 7 Packet Pg.2802 16.F.7.e 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 U) 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 Cifinvolving 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 >- co Agreement without the prior written consent of the COUNTY. co 16. TERM: E This Agreement shall become effective on October 1, 2016 and shall remain effective for rn one year until September 30, 2017. If the project is not completed within the term of this CSSAgreement, all unreleased funds shall be retained by the COUNTY. Any extension of this Agreement beyond the one (1) year term in order to complete the Project must be at the express consent of the Collier County Board of County Commissioners. The GRANTEE must request any extension of this term in writing at least sixty(60) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional ninety (90) days. Amendments shall be in writing and approved by the Board of County Commissioners. 17. EVALUATION OF TOURISM IMPACT: [04-CMG-00002/1272495/1] 8 Packet Pg. 2803 1 6.F.7.e GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report(Exhibit"A"—Final Status Report)to the Tourism Director or his designee,by October 15, 2017. 18. REQUIRED NOTATION: All collateral material and advertisements should identify Collier County tourism by displaying the CVB logo and website URL www.paradisecoast.com to qualify for reimbursement. 19. 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. u_ op IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an o authorized person or agent, hereunder set their hands and seals on the date and year first above E' E written. Q. z N L ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA U By: Donna Fiala, Chairman 'proved as to form and legality: 4 'olleen M. Greene Assistant County Attorney [04-CMG-00002/1272495/1] 9 66/ Packet Pg. 2804 16.F.7.e WITNESSES: GRANTEE: (1) ARTIS-NAPLES, INC. Printed/Typed Name (2) BY: 41 w C) E Printed/Typed Name Printed/Typed Name & Title /Ln U ti LL co co co Q) V a.: m U [04-CMG-00002/1272495/11 10 Packet Pg. 2805 16.F.7.e EXHIBIT "A" Collier County Tourist Development Council Final Status Report (Due by Oct. 15, 2017) EVENT NAME: N_ w a REPORT DATE: a ORGANIZATION: CONTACT PERSON: TITLE: U ADDRESS: PHONE: FAX: >- u_ co co On an attached sheet, answer the following questions for each element in your scope of work. cp 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 arid how many? What is the total direct economic impact and revenue generated from this event? :r c a) Total expenses. (Have all vendors been paid?) List the vendors that have been paid, if not, what invoices are still outstanding and why? as What is the number of participants that visited the project? What is the percentage of the total participants from out of Collier County? What problems occurred if any during the project event? List any out-of-county- advertising, marketing, and/or public relations that was used to support the project and attach samples. How could the project been improved or expanded? [04-CMG-00002/1272495/1] 11 (o%9) Packet Pg. 2806 16.F.7.e EXHIBIT"B" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS E CONTACT PERSON TELEPHONE( ) REQUEST PERIOD FROM TO REQUEST# cis ( ) INTERIM REPORT ( )FINAL REPORT U TOTAL CONTRACT AMOUNT$ I- ti EXPENSE BUDGET REIMBURSEMENT REQUESTED >- u_ CO 03 CO a) TOTALS NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Reimbursement requests must include the following: evidence that the vendor invoices have been paid and samples of the promotional materials produced by that vendor or media outlet. If project budget has specific categories with set dollar limits,the Grantee is required to include a spreadsheet w to show which category each invoice is being paid from and total of category before payment can be made to Q Grantee. Organizations receiving funding should take into consideration that it will take a maximum of 45 days for the County to process a check. E Furnishing false information may constitute a violation of applicable State and Federal laws. - U CERTIFICATION OF CHIEF OFFICIAL OR DESIGNEE: I certify that the above information is correct based on our official accounting system and records,consistently applied and maintained and that the cost shown have been made for the purpose of and in accordance with, the terms of the contract. The funds requested are for reimbursement of actual cost made during this time period. SIGNATURE TITLE [04-CMG-00002/1272495/1] 12 Packet Pg. 2807 16.F.7.e EXHIBIT "C" Naples Marco Island Everglades PARADISE COAST VISITOR QUESTIONNAIRE Welcome to the Paradise Coast m.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 3 THE LOCATION OF ALL AREA ATTRACTIONS. c () E a> NAME: E_„ ADDRESS: CITY ST ZIP Q DATE OF ARRIVAL: DATE OF DEPARTURE: tz c� WHERE ARE YOU HOTEL/RESORT FRIENDS/FAMILY CONDOMINIUM v STAYING? 0F— ti NAME OF HOTEL AND CITY/AREA: NAME OF CONDOMINIUM/TIMESHARE: #OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY= co HOW DID YOU SELECT THE HOTEL/CONDOMINIUM? INTERNET ( ) YOUR CHOICE ( ) TRAVEL AGENT( ) a OTHER: m NUMBER OF MEALS YOU &YOUR GROUP WILL EAT OUT: 6 Number of people in your party= N Number of days of your visit= a Number of meals eaten out each day= z PLANNED AREA ACTIVITIES: (Please circle all that apply) ;th ARTS&CULTURE WATER SPORTS NATURE FAMILY ATTRACTIONS Q von Liebig Art Center Beaches Everglades Tour Naples Zoo Naples Museum of Art Naples Pier County Parks Naples Botanical Garden cti Sugden Theatre Shelling National Park Fun'n Sun Water Park E Artis Naples Fishing State Parks Swamp Buggy Race as Art Galleries Boating Corkscrew Swamp Mini Golf Q Other Kayaking Conservancy of SW FL County Museums Other Lake Trafford Other Other SHOPPING AND DINING SIGHTSEEING RELAXATION&ENTERTAINMENT Fifth Avenue South Lunch/Dinner Cruise/ Golf Third Street South Sunset Cruise Spa Waterside Shops City Trolley Tour Shelling Venetian Bay Everglades Tour Seminole Casino Bayfront Segway Tour Lounges&Clubs Tin City Dolphin Cruise Music Other Other Other [04-CMG-00002/1272495/1] 13 (0v3) Packet Pg.2808 16.F.7.e EXHIBIT "D" Artis- Naples Project Budget Portion of Special Exhibition Fee $135,000 N (total is shared with the Naples Botanical Garden) a Out-of-market, digital advertising campaign: $15,000 o U D Total Funding — Not to Exceed: $150,000 '' r LL co co co 4d CD a) L 6 Q N CO G. CO Z N E Q .i+ G d U 12 w Y Q [04-CMG-00002/1272497/1] 14 Packet Pg. 2809 16.F.7.f 2017 CATEGORY"C-2" TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES BOTANICAL GARDEN,INC. THIS AGREEMENT is made and entered into this day of , 2016, by and between Naples Botanical Garden, Inc. a Florida not- for-profit corporation,hereinafter referred to as "GRANTEE"and Collier County, a political WHEREAS, the COUNTY has adopted a Tourist Development Plan(hereinafter referred rn 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, >- u. enlarge, remodel, repair, improve, maintain, operate or promote museums owned and operated co co co 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 N d and festivals using out-of-market advertising to attract overnight visitors to Collier County; and -0 0 WHEREAS, the Tourist Development Council has recommended funding for Tts GRANTEE'S out-of-market advertising expenditures for the promotion of events to attract m visitors and has made a recommended finding that this expenditure promotes tourism; and a WHEREAS, the Board of County Commissioners ("Board") has made a finding that CD GRANTEE qualifies as a museum and that the Project expenditure promotes tourism; and z 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. [04-CMG-00002/1272497/1] 1 CA® Packet Pg. 2810 16.F.7.f NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: (a) In accordance with the authorized expenditures as set forth in the Budget, (7)- attached attached hereto as Exhibit "D," the GRANTEE shall expend the funds for the promotion of a) L GRANTEE'S marketing of Origami in the Garden (hereinafter"the Project"). 2. PAYMENT: si U (a) The amount to be paid under this Agreement shall be a total of One Hundred Fifty Thousand Dollars ($150,000). GRANTEE shall be paid in accordance with the fiscal procedures "- co co of the County for the expenditures incurred as described in Paragraph One (1) herein uponco submittal of a Request for Funds on the form attached hereto as Exhibit "B" and made a part hereof, and shall submit evidence that the vendor invoices have been paid and samples of the Q promotional materials produced by that vendor or media outlet to the Tourism Director, or his designee, for review. Should these documents be unavailable, the GRANTEE may submit other legally viable evidence of payment subject to review and approval by the Clerk's Finance co Department. a) a (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 as performed in accordance with such authorization. The budget attached as Exhibit "D" shall constitute authorization for the expenditure[s] described in the invoice[s]. (c) All expenditures shall be made in conformity with this Agreement. [04-CMG-00002/1272497/1] 2 Fo) Packet Pg. 2811 16.F.7.f (d) The COUNTY shall not pay GRANTEE until the Clerk's Finance Department pre-audits all payment invoices in accordance with law. (e) GRANTEE shall be paid for its actual costs, not to exceed the maximum amount budgeted pursuant to the attached "Exhibit D." (f) Expenditures with print publications, broadcast, digital and social platforms should be placed in media that run outside Collier County (can also run in Collier County) and a) will be reimbursed up to the percentage of circulation or listenership outside of Collier County. cc Distribution of promotional materials is encouraged outside of Collier County to promote C� U overnight visitation, and will be reimbursed up to the percentage of distribution outside of ti Collier County. Distribution percentages for outside of Collier County media and promotional `L- co co materials will be based on the grantee's best information available. 00 (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 L effective dates of this Agreement. (i) All requests for reimbursement must be received by September 30, 2017 to be o eligible for payment. d cts3. 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, 2016 and September 30, 2017. 104-CMG-00002/1272497/11 3 CZ Packet Pg.2812 16.F.7.f (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. 7/7 4. INSURANCE: T.L (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 ti be issued by a company licensed in the State of Florida, and provide General Liability Insurance "- co co for no less than the following amounts: 00 BODILY INJURY LIABILITY $300,000 each claim per person d a. PROPERTY DAMAGE LIABILITY $300,000 each claim per person Q PERSONAL INJURY LIABILITY$300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY—Statutory 0 (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 f6 Agreement is fully executed. 5. REPORTING REQUIREMENTS: (a) GRANTEE shall provide to County a final status report on the form attached hereto as Exhibit"A"no later than October 15, 2017. [04-CMG-00002/1272497/1] 4 C40 Packet Pg. 2813 16.F.7.f (b) Each report shall identify the economic impact generated by the GRANTEE through the use of reports (Exhibit "A" — Final Status Report) which identify the amount spent, the duties performed, the services provided, and the goods delivered since the previous reporting period. (c) GRANTEE shall take reasonable measures to assure the continued satisfactory a) performance of all vendors and subcontractors. a) (d) COUNTY may withhold any payments for failure of GRANTEE to provide the final status report and until the County receives the final status report or other report acceptable U to the Tourism Director. ~ >- (e) GRANTEE shall request that visitors to Naples Botanical Garden complete the �- 00 00 00 visitor questionnaire attached to this Agreement as Exhibit"C." 6. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described Q in Paragraph One(1). (b) COUNTY shall not be responsible for paying vendors and shall not be involved in Tti the selection of subcontractors or vendors. 0 (c) GRANTEE agrees to disclose any financial or other relationship between 0. GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. 0 (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. [04-CMG-00002/1272497/1] 5 6".()) Packet Pg. 2814 16.F.7.f 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: ti All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly u_ ao ao served if mailed by registered or certified mail to the GRANTEE at the following address: 00 Brian Holley, Executive Director Naples Botanical Garden,Inc. 4820 Bayshore Dr. a) 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 m Collier County Tourism Department a 2660 N. Horseshoe Drive Suite 105 Naples, Florida 34104 a) 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. Q [04-CMG-00002/1272497/1] 6 C9O Packet Pg. 2815 16.F.7.f 9. PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE, or its vendors or subcontractors, as an agent or employee of the COUNTY. 10. COOPERATION: v, GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this a) Agreement and shall provide all information and documentation requested by the COUNTY co from time to time pertaining to the use of any funds provided hereunder. 0 11. TERMINATION: >- (a) (a) The COUNTY or the GRANTEE may cancel this Agreement with or without "- co co co 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 Q N GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with co CD subcontractors and vendors, up to the effective date of the termination so long as such expenses are eligible. co co 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 cc 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 104-CMG-00002/1272497/11 7 Packet Pg.2816 16.F.7.f 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 a) 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 c� involving any transactions related to this Agreement. 15. PROHIBITION OF ASSIGNMENT: •u, co co GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this co Agreement without the prior written consent of the COUNTY. a) 16. TERM: a� This Agreement shall become effective on October 1,2016 and shall remain effective for co one year until September 30, 2017. If the project is not completed within the term of this U Agreement, all unreleased funds shall be retained by the COUNTY. Any extension of this m Agreement beyond the one (1) year term in order to complete the Project must be at the express sz CCS consent of the Collier County Board of County Commissioners. The GRANTEE must request any extension of this term in writing at least sixty (60) days v as prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional ninety (90) days. Amendments shall be in writing and approved by the Board of County Commissioners. [04-CMG-00002/1272497/1] 8 CAC Packet Pg.2817 16.F.7.f 17. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report(Exhibit"A"—Final Status Report) to the Tourism Director or his designee,by October 15, 2017. 18. REQUIRED NOTATION: All collateral material and advertisements should identify Collier County tourism by c) displaying the CVB logo and website URL www.paradisecoast.com to qualify for reimbursement. L 19. AMENDMENTS: (.9 This Agreement may only be amended by mutual written agreement of the parties, after ti review by the Collier County Tourist Development Council if warranted. co ******* * * co 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 Q written. ATTEST: BOARD OF COUNTY COMMISSIONERS U DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA c4 O m By: Donna Fiala, Chairman z Approved as to form and legality: 0E olleen M. Greene Assistant County Attorney [04-CMG-00002/1272497/1] 9 CA© Packet Pg. 2818 16.F.7.f WITNESSES: GRANTEE: (I) NAPLES BOTANICAL GARDEN,INC. Printed/Typed Name (2) BY: w c E CD Printed/Typed Name Printed/Typed Name a) Q 12 Printed/Typed Title o U CI F- F- .e.- ›- U- c0 tiU- ao co c0 c C) as as L Q u) c as Ts V Ta V c ca M� W us as Q m Z C m U R Q [04-CMG-00002/1272497/1] 10 CIP) Packet Pg. 2819 16.F.7.f EXHIBIT "A" Collier County Tourist Development Council Final Status Report (Due by Oct. 15, 2017) U) CD E EVENT NAME: a) REPORT DATE: ra 'L^ V ORGANIZATION: ti CONTACT PERSON: TITLE: } ADDRESS: co co co PHONE: FAX: Y c a E a) a) a) 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? m 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? z Total expenses. (Have all vendors been paid?) List the vendors that have been paid, if not,what invoices are still outstanding and why? U What is the number of participants that visited the project? What is the percentage of the total participants from out of Collier County? What problems occurred if any during the project event? List any out-of-county-advertising, marketing, and/or public relations that was used to support the project and attach samples. How could the project been improved or expanded? [04-CMG-00002/1272497/1] 11 Packet Pg. 2820 16.F.7.f EXHIBIT"B" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME s ORGANIZATION ac) E a) ADDRESS a) L Q CONTACT PERSON TELEPHONE( ) c ca REQUEST PERIOD FROM TO REQUEST# U 0 ( )INTERIM REPORT ( )FINAL REPORT H ti T TOTAL CONTRACT AMOUNT$ u. co EXPENSE BUDGET REIMBURSEMENT REQUESTED co r r C a) E a) a) L 6 TOTALS Q v7 c a) NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your 12 application. Reimbursement requests must include the following: evidence that the vendor invoices have been f° (9 paid and samples of the promotional materials produced by that vendor or media outlet. U If project budget has specific categories with set dollar limits,the Grantee is required to include a spreadsheet 113, to show which category each invoice is being paid from and total of category before payment can be made to 0 m Grantee. Organizations receiving funding should take into consideration that it will take a maximum of 45 days N for the County to process a check. a ca Furnishing false information may constitute a violation of applicable State and Federal laws. ? CERTIFICATION OF CHIEF OFFICIAL OR DESIGNEE: I certify that the above information is correct based on our c a) official accounting system and records,consistently applied and maintained and that the cost shown have been E made for the purpose of and in accordance with, the terms of the contract. The funds requested are for u reimbursement of actual cost made during this time period. Q SIGNATURE TITLE [04-CMG-00002/1272497/1] 12 O Packet Pg. 2821 16.F.7.f EXHIBIT "C" Naples Marco .. Everglades PARADISE const VISITOR QUESTIONNAIRE Welcome to the Paradise Coast s".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 5".PLEASE REFER TO OUR PARADISE COAST BROCHURES FOR ai P. THE LOCATION OF ALL AREA ATTRACTIONS. a) Q c NAME: 1 0 ADDRESS: CITY ST ZIP c) 0 DATE OF ARRIVAL: DATE OF DEPARTURE: 1-- r— WHERE ARE YOU HOTEL/RESORT FRIENDS/FAMILY CONDOMINIUM STAYING? L.L. NAME OF HOTEL AND CITY/AREA: co NAME OF CONDOMINIUM/TIMESHARE: #OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY= E" HOW DID YOU SELECT THE HOTEL/CONDOMINIUM? a) INTERNET ( ) YOUR CHOICE ( ) TRAVEL AGENT( ) a, OTHER: 0 c NUMBER OF MEALS YOU &YOUR GROUP WILL EAT OUT: 017 Number of people in your party= ccc Number of days of your visit= ii Number of meals eaten out each day= E" PLANNED AREA ACTIVITIES: (Please circle all that apply) o ARTS&CULTURE WATER SPORTS NATURE FAMILY ATTRACTIONS CO von Liebig Art Center Beaches Everglades Tour Naples Zoo ai Naples Museum of Art Naples Pier County Parks Naples Botanical Garden as Sugden Theatre Shelling National Park Fun'n Sun Water Park z Artis Naples Fishing State Parks Swamp Buggy Race .: Art Galleries Boating Corkscrew Swamp Mini Golf Other Kayaking Conservancy of SW FL County Museums E Other Lake Trafford Other m Other -*.t.. SHOPPING AND DINING SIGHTSEEING RELAXATION&ENTERTAINMENT Fifth Avenue South Lunch/Dinner Cruise/ Golf Third Street South Sunset Cruise Spa Waterside Shops City Trolley Tour Shelling Venetian Bay Everglades Tour Seminole Casino Bayfront Segway Tour Lounges&Clubs Tin City Dolphin Cruise Music Other Other Other [04-CMG-0000211272497/1] 13 a) Packet Pg. 2822 16.F.7.f EXHIBIT "D" Naples Botanical Garden Project Budget N C d L _ Portion of Special Exhibition Fee $135,000 (total is shared with the Artis-Naples) Co-op marking with CVB $5,000 >- Public relations with qualified vendor $10,000 CO 03 Total Funding — Not to Exceed: $150,000 C C) U) C 0 0 L C.) C CC S. 0 N G) f6 z C N E U t0 y-. [04-CMG-00002/127249711] 14 C Packet Pg.2823 16.F.7.g 2017 CATEGORY "C-2" TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE GOLISANO CHILDREN'S MUSEUM OF NAPLES, INC. THIS AGREEMENT is made and entered into this day of , 2016, 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 cc "COUNTY." U WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred ti to as"Plan")funded by proceeds from the Tourist Development Tax; and LL co co 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, 0) 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 -0 and festivals using out-of-market advertising to attract overnight visitors to Collier County; and o WHEREAS, the Tourist Development Council has recommended funding for GRANTEE'S out-of-market advertising expenditures for the promotion of events to attract E visitors and has made a recommended finding that this expenditure promotes tourism; andcc cc WHEREAS, the Board of County Commissioners ("Board") has made a finding that GRANTEE qualifies as a museum and that the Project expenditure promotes tourism; and 104-CMG-00002/1272496/1] 1 OVD Packet Pg. 2824 1 6.F.7.g 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 "D," the GRANTEE shall expend the funds for the promotion of >- u_ GRANTEE'S marketing of Traveling Exhibits (hereinafter"the Project"). co co co 2. PAYMENT: 4& a� (a) The amount to be paid under this Agreement shall be a total of One Hundred c Eleven Thousand One Hundred Seventy Six Dollars ($111,176). GRANTEE shall be paid in Q E 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 c Exhibit "B" and made a part hereof, and shall submit evidence that the vendor invoices have a been paid and samples of the promotional materials produced by that vendor or media outlet to co the Tourism Director, or his designee, for review. Should these documents be unavailable, the GRANTEE may submit other legally viable evidence of payment subject to review and approval coby the Clerk's Finance Department. (b) The Tourism Director, or his designee, shall determine that the invoice payments are authorized and that the goods or services covered by such invoice[s] have been provided or [04-CMG-00002/1272496/1] 2 rn� Packet Pg. 2825 16.F.7.g performed in accordance with such authorization. The budget attached as Exhibit "D" shall constitute authorization for the expenditure[s] described in the invoice[s]. (c) All expenditures shall be made in conformity with this Agreement. (d) The COUNTY shall not pay GRANTEE until the Clerk's Finance Department pre-audits all payment invoices in accordance with law. m (e) GRANTEE shall be paid for its actual costs, not to exceed the maximum amount a) budgeted pursuant to the attached"Exhibit D." (f) Expenditures with print publications, broadcast, digital and social platforms should be placed in media that run outside Collier County (can also run in Collier County) and >- will be reimbursed up to the percentage of circulation or listenership outside of Collier County. 03 03 03 Distribution of promotional materials is encouraged outside of Collier County to promote overnight visitation, and will be reimbursed up to the percentage of distribution outside of Collier County. Distribution percentages for outside of Collier County media and promotional Q E a) materials will be based on the grantee's best information available. cn (g) Invoices for prepayment or for deposit on services will not be eligible for reimbursement. U (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, 2017 to be v eligible for payment. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in Paragraph One (1) will be paid by COUNTY. [04-CMG-00002/1272496/1] 3 Packet Pg.2826 16.F.7.g (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2016 and September 30, 2017. (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. C. (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 ,Ln 4. INSURANCE: c) (a) GRANTEE shall submit a Certificate of Insurance naming the Collier County r Board of County Commissioners and the Tourist Development Council as additional insureds. co 03 ao (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 L for no less than the following amounts: Q E BODILY INJURY LIABILITY $300,000 each claim per person 2 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 m (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. [04-CMG-00002/1272496/1] 4 Packet Pg. 2827 16.F.7.g 5. REPORTING REQUIREMENTS: (a) GRANTEE shall provide to County a final status report on the form attached hereto as Exhibit"A"no later than October 15, 2017. (b) Each report shall identify the economic impact generated by the GRANTEE through the use of reports (Exhibit "A" — Final Status Report) which identify the amount spent, c the duties performed, the services provided, and the goods delivered since the previous reporting a) period. (c) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. >- (d) COUNTY may withhold any payments for failure of GRANTEE to provide the co co final status report and until the County receives the final status report or other report acceptable to the Tourism Director. L (e) GRANTEE shall request that visitors to The Golisano Children's Museum of E Florida complete the visitor questionnaire attached to this Agreement as Exhibit"C." 6. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph One (1). cc (b) COUNTY shall not be responsible for paying vendors and shall not be involved in t.D 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. [04-CMG-00002/1272496/1] 5 Packet Pg. 2828 16.F.7.g (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 a) employees from any and all liabilities, damages, losses and costs, including, but not limited to, a reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, c 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 0000 00 available to an indemnified party or person described in this paragraph. 8. NOTICES: CD L All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly Q E served if mailed by registered or certified mail to the GRANTEE at the following address: Karysia Demarest, Executive Director 15080 Livingston Rd. Naples, FL 34109 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 2660 N. Horseshoe Drive Suite 105 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. [04-CMG-00002/1272496/1] 6 l CQl Packet Pg. 2829 1 6.F.7.g 9. PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE, or its vendors or subcontractors, as an agent or employee of the COUNTY. 10. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this Agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. 11. TERMINATION: >- u_ (a) The COUNTY or the GRANTEE may cancel this Agreement with or without co co 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 E GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with 2 subcontractors and vendors, up to the effective date of the termination so long as such expenses are N a, eligible. 12. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records. All CD revenue related to the Agreement must be recorded, and all expenditures must be incurred within the term of this Agreement. 13. AVAILABILITY OF FUNDS: This Agreement is subject to the availability of Tourist Development Tax revenues. If for any reason tourist tax funds are not available to fund all or part of this Agreement, the [04-CMG-00002/1272496/1] 7 (0) Packet Pg. 2830 1 6.F.7.g 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 0 involving any transactions related to this Agreement. r 15. PROHIBITION OF ASSIGNMENT: co co 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. 2 L 16. TERM: E This Agreement shall become effective on October 1, 2016 and shall remain effective for one year until September 30, 2017. If the project is not completed within the term of this c Agreement, all unreleased funds shall be retained by the COUNTY. Any extension of this z' Agreement beyond the one (1) year term in order to complete the Project must be at the express co consent of the Collier County Board of County Commissioners. 0 The GRANTEE must request any extension of this term in writing at least sixty (60) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional ninety (90) days. Amendments shall be in writing and approved by the Board of County Commissioners. [04-CMG-00002/1272496/1] 8 6:2-) Packet Pg. 2831 1 6.F.7.g 17. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated,providing a written report(Exhibit"A"—Final Status Report)to the Tourism Director or his designee, by October 15, 2017. 18. REQUIRED NOTATION: c a) All collateral material and advertisements should identify Collier County tourism by a) displaying the CVB logo and website URL www.paradisecoast.com to qualify for reimbursement. 19. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after r-- >- review >- review by the Collier County Tourist Development Council if warranted. 00 ao ***** a) IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an ¢ authorized person or agent, hereunder set their hands and seals on the date and year first above E a> written. n 5 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA a 0U By: crr Donna Fiala, Chairman y 0 Approved as to form and legality: 001 olleen M. Greene Assistant County Attorney .7t [04-CMG-00002/1272496/1] 9 n Packet Pg. 2832 1 6.F.7.g WITNESSES: GRANTEE: (1) THE GOLISANO CHILDREN'S MUSEUM OF NAPLES, INC. Printed/Typed Name (2) BY: a Printed/Typed Name Printed/Typed Name Q Printed/Typed Title > U- co co co G) E C) E N 5 N a G) T� V V O N O G d E U t4 Q• [04-CMG-00002/1272496/1] 10 (e) Packet Pg.2833 I6.F.7.g EXHIBIT "A" Collier County Tourist Development Council Final Status Report (Due by Oct. 15, 2017) EVENT NAME: REPORT DATE: ORGANIZATION: ti CONTACT PERSON: TITLE: >- co ADDRESS: CO PHONE: FAX: E a) a) C, 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. 2 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? 'o Total expenses. (Have all vendors been paid?) List the vendors that have been paid, if not, what invoices are still outstanding and why? What is the number of participants that visited the project? What is the percentage of the total participants from out of Collier County? What problems occurred if any during the project event? List any out-of-county-advertising, marketing, and/or public relations that was used to support the project and attach samples. How could the project been improved or expanded? [04-CMG-00002/1272496/1] 11 Packet Pg. 2834 16.F.7.g EXHIBIT"B" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS =a CONTACT PERSON TELEPHONE( ) c 'Ln REQUEST PERIOD FROM TO REQUEST# ( )INTERIM REPORT ( )FINAL REPORT >- u_ TOTAL CONTRACT AMOUNT$ co EXPENSE BUDGET REIMBURSEMENT REQUESTED o0 m E m d TOTALScn E NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Reimbursement requests must include the following: evidence that the vendor invoices have been 2 paid and samples of the promotional materials produced by that vendor or media outlet. C) 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. tn Furnishing false information may constitute a violation of applicable State and Federal laws. 0 CERTIFICATION OF CHIEF OFFICIAL OR DESIGNEE: I certify that the above information is correct based on our c 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 .c reimbursement of actual cost made during this time period. SIGNATURE TITLE [04-CMG-00002/1272496/1] 12 CG) Packet Pg. 2835 16.F.7.g EXHIBIT "C" Naples Marc_.-...Is.. = Everglades PARADISE COAST. VISITOR QUESTIONNAIRE _ N Welcome to the Paradise Coast SM.Thank you for choosing this area for your visit. Please take a a few minutes to complete the following questions so that we can better serve the needs of c' future visitors to Florida's Last Paradise SM.PLEASE REFER TO OUR PARADISE COAST BROCHURES FOR rn THE LOCATION OF ALL AREA ATTRACTIONS. 4 Y L. cc L NAME: 6 ADDRESS: CITY ST ZIP o DATE OF ARRIVAL: DATE OF DEPARTURE: r-- I--• WHERE ARE YOU HOTEL/RESORT FRIENDS/FAMILY CONDOMINIUM >- STAYING? co NAME OF HOTEL AND CITY/AREA: CO NAME OF CONDOMINIUM/TIMESHARE: c #OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY HOW DID YOU SELECT THE HOTEL/CONDOMINIUM? L INTERNET ( ) YOUR CHOICE ( ) TRAVEL AGENT( ) ¢ OTHER: E m NUMBER OF MEALS YOU &YOUR GROUP WILL EAT OUT: Number of people in your party= E Number of days of your visit= c Number of meals eaten out each day= 2 PLANNED AREA ACTIVITIES: (Please circle all that apply) 1E ARTS&CULTURE WATER SPORTS NATURE FAMILY ATTRACTIONS 0 von Liebig Art Center Beaches Everglades Tour Naples Zoo c Naples Museum of Art Naples Pier County Parks Naples Botanical Garden N Sugden Theatre Shelling National Park Fun'n Sun Water Park o Artis Naples Fishing State Parks Swamp Buggy Race 0 Art Galleries Boating Corkscrew Swamp Mini Golf I. Other Kayaking Conservancy of SW FL County Museums E Other Lake Trafford Other U Other CO .r SHOPPING AND DINING SIGHTSEEING RELAXATION&ENTERTAINMENT Fifth Avenue South Lunch/Dinner Cruise/ Golf Third Street South Sunset Cruise Spa Waterside Shops City Trolley Tour Shelling Venetian Bay Everglades Tour Seminole Casino Bayfront Segway Tour Lounges&Clubs Tin City Dolphin Cruise Music Other Other Other [04-CMG-00002/1272496/1] 13 6'0 Packet Pg. 2836 1 6.F.7.g EXHIBIT "D" The Golisano Children's Museum of Naples, Inc. Project Budget U) a) E a) C) .1.J R tLn V Out of Collier County Area Advertising and Marketing Related Expenses to promote o "The Project." ti u_ Total Funding — Not to Exceed: $111,176 00 00 a) E a C)L E a) N 2 0 a) U 0 C cv N O 0 4 C a) E U O [04-CMG-00002/1272496/1] 14 tin) Packet Pg. 2837