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Backup Documents 10/10/2017 Item #16F10 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 F 10 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines#1 through#4 as appropriate for additional signatures,dates,and/or information needed.If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist. Route to Addressee(s) Office Initials Date (List in routing order) �`��( 1. Rebecca Collins Risk Management 2. Colleen Greene County Attorney's Office (-�„n 3. BCC Chairman Board of County Commissioners i `� , .Vg4S / 'o\ V—V 4. Minutes and Records Clerk of Courts Office S\Uf Io 210 l/ 3(7 PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval.Normally the primary contact is the person who created/prepared the executive summary.Primary contact information is needed in the event one of the addressees above need to contact staff for additional or missing information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Kelly Green Phone Number 252-2384 Contact Agenda Date Item was 'fy2i 7 t 10 _14 / Agenda Item Number 16Fr I 0 Approved by the BCC Type of Document Grant Agreement Number of Original 2 Attached Documents Attached INSTRUCTIONS & CHECKLIST —,ac Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is ya N/A(Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency.(All documents to be KG signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney.This includes signature pages from ordinances, resolutions,etc. signed by the County Attorney's Office and signature pages from contracts,agreements,etc.that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's KG Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the n/a document or the fmal negotiated contract date whichever is applicable. 4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's KG signature and initials are required. 5. In most cases(some contracts are an exception),the original document and this routing slip KG should be provided to the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified.Be aware of your deadlines! 6. The document was approved by the BCC on17nter date)and all changes made during the meeting have been incorporated in the attached document. pftp The County Attorney's Office has reviewed the changes,if applicable. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05 16F 10 MEMORANDUM Date: October 27, 2017 To: Kelly Green, Tourist Tax Coordinator Tourism Department From: Martha Vergara, Deputy Clerk Minutes and Records Department Re: 2017 Tourism Grant Agreement between Collier County Fakahatchee, inc. Attached for your records, one (1) original document as referenced above (Item #16F10) adopted by the Board of County Commissioners Tuesday, October 10, 2017. An original was kept by the Minutes and Records Department as part of the Board's Official Records. If you have any questions, you may contact me at 252-7240. Thank you. Attachment 16F 10 2017 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND FRIENDS OF FAKAHATCHEE,INC. THIS AGREEMENT is made and entered into this (Qday of 0&013.421" , 2017, by and between the Friends of Fakahatchee, Inc., a Florida Not-for-Profit Corporation, ("FRIENDS")and Collier County,a political subdivision of the State of Florida("COUNTY"). WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as"Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Collier County Tourism Ordinance provides that certain of the revenues generated by the Tourist Development Tax are to be allocated to promote and advertise tourism within the State of Florida, nationally and internationally which encourages tourism; and WHEREAS, the Friends of Fakahatchee have applied to the Tourist Development Council and the County to use Tourist Development Tax funds for assistance with a Wayfinding Project for Fakahatchee Strand Preserve State Park's Hiking, Biking, and Canoe Trail System; and WHEREAS, the Tourist Development Council has made a recommended finding to approve this funding request and that this expenditure promotes tourism; and WHEREAS, the Collier County Board of County Commissioners has approved the funding request of the Friends of Fakahatchee, Inc., made a finding that this expenditure promotes tourism, and 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-00002/1362927/1] i 16F1U 1. SCOPE OF WORK: (a) In accordance with the authorized expenditures as set forth in the Budget, attached hereto as Exhibit "C," the FRIENDS are authorized to expend the funds for the Wayfinding Project for Fakahatchee Strand Preserve State Park's Hiking, Biking, and Canoe Trail System as described herein. 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of forty-six thousand, seven hundred and twenty dollars ($46,720). FRIENDS shall be paid in accordance with fiscal procedures of the County for the expenditures incurred as described in Paragraph One (1) herein upon submittal of a Request for Funds on the form attached hereto as Exhibit "B" and made a part hereof, and shall submit evidence that the vendor invoices have been paid. Evidence of payment may include a vendor invoice with cancelled check showing payment to vendor, payment by wire should show the appropriate debit to bank account on bank statement. Should these documents be unavailable, the FRIENDS 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 performed in accordance with such authorization. The budget attached as Exhibit "C" 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 the FRIENDS until the Clerk's Finance Department pre-audits all payment invoices in accordance with law. [04-CMG-00002/1362927/11 2 � �` 16F10 (e) The FRIENDS shall be paid for actual costs, not to exceed the maximum amount budgeted pursuant to the attached Exhibit"C". (f) Services or product must be delivered and paid for by the FRIENDS between the effective dates of this Agreement. (g) All requests for reimbursement must be received prior to September 30, 2018 to be eligible for payment. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures incurred in furtherance of the Wayfinding Project for Fakahatchee Strand Preserve State Park's Hiking, Biking, and Canoe Trail System as described in Paragraph One(1) will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2017 and September 30, 2018. (c) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY's written request to repay said funds. (d) COUNTY may request repayment of funds for a period of up to three (3) years after termination of this Agreement or any extension or renewal thereof. 4. REPORTING REQUIREMENTS: (a) The FRIENDS shall provide to County a final status report on the form attached hereto as Exhibit"A"no later than October 15, 2018. (b) Each report shall identify the economic impact generated by the FRIENDS through the use of reports (Exhibit "A" — Final Status Report) which identify the amount spent, [04-CMG-00002/1362927/1] 3 ""� 16F1U the duties performed, the services provided, and the goods delivered since the previous reporting period. (c) FRIENDS shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. (d) COUNTY may withhold any payments for failure of FRIENDS to provide the final status report and until the County receives the final status report or other report acceptable to the Tourism Director. 5. INSURANCE: (a) FRIENDS shall submit a Certificate of Insurance naming the Collier County Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY$300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person (c) The Certificate of Insurance must be delivered to the Tourism Director or his designee with copies of the Agreement executed by FRIENDS. The FRIENDS shall not commence activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY and the Agreement is fully executed. 6. CHOICE OF VENDORS AND FAIR DEALING: (a) FRIENDS may select vendors or subcontractors to provide services as described in Paragraph One(I). [04-CMG-00002/1362927/1] 4 (CAO: 16 F 10 (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. (c) FRIENDS agrees to disclose any financial or other relationship between FRIENDS and any subcontractors or vendors, including, but not limited to, similar or related employees,agents,officers,directors and/or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION: FRIENDS 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 FRIENDS or anyone employed or utilized by the FRIENDS in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. 8. NOTICES: All notices from the COUNTY to the FRIENDS shall be in writing and deemed duly served if mailed by registered or certified mail to the FRIENDS at the following address: Patrick Higgins, President Friends of Fakahatchee, Inc. P.O. Box 35 Everglades City, FL 34139 All notices from the FRIENDS to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: [04-CMG-00002/1362927/1] 5 16F1 Jack Wert,Tourism Director Collier County Tourism Department 2660 N. Horseshoe Drive Suite 105 Naples, Florida 34104 jackwert@colliergov.net The FRIENDS and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the FRIENDS, or its vendors or subcontractors, or to constitute the FRIENDS, or its vendors or subcontractors, as an agent or employee of the COUNTY. 10. COOPERATION: FRIENDS 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 FRIENDS 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 FRIENDS for all expenditures or contractual obligations incurred by FRIENDS, with subcontractors and vendors,up to the effective date of the termination so long as such expenses are eligible. 12. GENERAL ACCOUNTING: [04-CMG-00002/1362927/11 6 At7`1 f' 16 1U FRIENDS is required to maintain complete and accurate accounting records. All revenue related to the Agreement must be recorded, and all expenditures must be incurred within the term of this Agreement. 13. AVAILABILITY OF FUNDS: This Agreement is subject to the availability of Tourist Development Tax revenues. If for any reason tourist tax funds are not available to fund all or part of this Agreement, the COUNTY may upon written notice, at any time during the term of this Agreement, and at its sole discretion, reduce or eliminate funding under this Agreement. 14. AVAILABILITY OF RECORDS: FRIENDS shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement for a period of three (3) years. FRIENDS 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 FRIENDS involving any transactions related to this Agreement. 15. PROHIBITION OF ASSIGNMENT: FRIENDS shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 16. TERM: This Agreement shall become effective on October 1, 2017 and shall remain effective for one year until September 30, 2018. If the project is not completed within the term of this Agreement, all unreleased funds shall be retained by the COUNTY. Any extension of this (04-CMG-00002/1362927/t] 7 16F10 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 FRIENDS 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. The Amendment is subject to approval by the Board. 17. EVALUATION OF TOURISM IMPACT: FRIENDS 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, 2018. 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: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. * * * * * [04-CMG-00002/1362927/1] 8 l6F 111 IN WITNESS WHEREOF, the FRIENDS 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 O' : I TY COMMISSIONERS DWIGHT E. BROeK, 'lerk COLLIER M1II' Y, FLORIDA By: 3111fest as to Chairman's Penny Taylo trir airman s rp Dyed aho form . d legality: OdktG1/1/1 lAt, I olleen M. Greene Assistant County Attorney WITNESSES: ORGANIZATION: (I) c, ) FRIENDS OF FAKAHATCHEE, INC. Printed/Typed Name A444444:44. ,I (2) 7A4444 ` 4 . BY: driblaillt RiNit.t.ts kIRAF-r 1.1Eoatc.1e_ r-Pekr c .� 14U -E-]els LA+- Printed/Typed Name Printed/Typed Name & Title [04-CMG-00002/1362927/1] 9 16F 10 EXHIBIT "A" Collier County Tourist Development Council Final Status Report (Due by Oct. 15, 2018) EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: On an attached street, answer the following questions for each element in your scope of work. Final—These questions should be answered for your final status report. Was this a first time project? If not,how many times has this event taken place? What 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 problems occurred if any during the project event? How could the project been improved or expanded? [04-CMG-00002/1362927/11 10 16F 19 EXHIBIT "B" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL PROJECT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE ( ) REQUEST PERIOD FROM TO REQUEST# ( )INTERIM REPORT ( ) FINAL REPORT TOTAL CONTRACT AMOUNT$ EXPENSE BUDGET REIMBURSEMENT REQUESTED TOTALS NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Reimbursement requests must include the following: evidence that the vendor invoices have been paid. If project budget has specific categories with set dollar limits,the FRIENDS are 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 FRIENDS. 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 contract. The funds requested are for reimbursement of actual cost made during this time period. SIGNATURE TITLE [04-CMG-00002/1362927/1 j 11 16F 1 EXHIBIT "C" BUDGET FRIENDS OF FAKAHATCHEE, INC. Funding—Not to Exceed To assist with funding the Wayfinding Project for Fakahatchee Strand Preserve State Park's Hiking, Biking, and Canoe Trail system Total: $46,720 [04-CMG-00002/1362927/1] 12 16F 10 FRIEOFF-01 DLEWIS ACRL7.�. DATE(MM/DD/YYYY) - CERTIFICATE OF LIABILITY INSURANCE 10/06/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: LutgertInsurance PHONE FAX 1395 Panther Lane Ste 100 (A/c,No,Ext):(239)262-7171 (A/C,No(239)262-5360 Naples,FL 34109 E-MAIL insuranceservices lut ertinsurance.com P ADDRESS: g INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Philadelphia Insurance Co 23850 INSURED INSURER B: Friends of Fakahatchee,Inc. INSURER C: President PO Box 35 INSURER D: Everglades City,FL 34139 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD wVD IMM/DD/YYYYI IMMIDD/YYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR PHPK1582725 02/22/2017 02/22/2018 DAMAGE TO RENTED 100,000 X PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _ $ 2,000,000 X POLICY PRO- JECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILECOMBINED SINGLE LIMIT LIABILITY (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ _ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE _$ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATIONPER AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holders are additional insured's with respect to General Liability CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier CountyBoard of CountyCommissioners and THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Tourist Development Counsel 2660 N Horseshoe Drive Naples,FL 34104 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD