Agenda 11/12/2013 Item #16F3/"1
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11/12/2013 16.F.3.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chair to execute Amendment #1
to FY 14 Category B Tourism Agreement with Old Naples Waterfront Association,
Inc. for the Stone Crab Festival and ratify the effective date of the Agreement and
the Amendment to the date of Board approval on October 8, 2013.
OBJECTIVE: Approval of an amendment to an FY 14 tourist tax grant agreement
removing insurance requirements for the Old Naples Waterfront Association, Inc.
CONSIDERATIONS: FY 14 TDC Category B and C -2 Grant Agreements were
approved by the Board of County Commissioners on 10/8/2013, agenda item 16F5.
Subsequent to approval, staff received a request from the Old Naples Waterfront
Association, Inc., a Category B grant recipient, to waive insurance requirements based
upon the organization's status as a non - profit entity. This request was reviewed and
approved by Risk Management and requires Board approval of an amendment
removing the insurance clause.
The Old Naples Waterfront Association, Inc. annual event took place the weekend of
October 26 and 27,- 2013. As staff was not aware of this request until after Board
approval on 10/8/2013, staff requests that the Board waives the insurance requirement
and ratifies approval of the Agreement and the Amendment to October 8, 2013 in order
to allow the event to receive the Category B funding as originally intended. The
insurance waiver was approved by the Risk Management Department on or about
October 15, 2013.
FISCAL IMPACT: Funding for Category B grants in the amount of $50,000 and
Category C -2 grants in the amount of $40,000 is included in the Tourism Department's
FY 14 proposed budget.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires majority vote for approval - CMG
RECOMMENDATION: That the Board of County Commissioners approve and
authorize the Chair to sign a contract amendment removing insurance requirements
from the FY 14 Category B Tourism Agreement for Old Naples Waterfront Association,
Inc. and ratify the effective date for the Agreement and the Amendment to October 8,
2013, the date of Board approval.
SUBMITTED BY: Jack Wert, Tourism Director
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^ COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.F.16.F.3.
Item Summary: Recommendation to approve and authorize the Chair to execute
Amendment #1 to FY 14 Category B Tourism Agreement with Old Naples Waterfront
Association, Inc. for the Stone Crab Festival and ratify the effective date of the Agreement and
the Amendment to the date of Board approval on October 8, 2013.
Meeting Date: 11/12/2013
Prepared By
Name: GreenKelly
Title: Tourist Development Tax Coordinator,Tourism
10/28/2013 4:19:28 PM
Submitted by
Title: Director - Tourism,Tourism
Name: WertJack
10/28/2013 4:19:29 PM
Approved By
Name: WertJack
Title: Director - Tourism,Tourism
Date: 10/28/2013 4:33:30 PM
Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 10/29/2013 2:01:42 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 10/29/2013 4:45:32 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
^ Date: 10/30/2013 5:48:44 PM
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11/12/2013 16. F.3.
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 10/31/2013 10:38:44 AM
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11/12/2013 16. F.3.
Contract Amendment #1 to
"2014 Tourism Agreement between Collier County
�-� And Old Naples Waterfront Association, Inc."
This amendment, dated November 12, 2013 to the referenced agreement shall be by and between the
parties to the original Agreement, Old Naples Waterfront Association, Inc. (to be referred to as
"Contractor ") and Collier County, Florida, (to be referred to as "Owner ").
Statement of Understanding
RE: Contract "2014 Tourism Agreement between Collier County and Old Naples Waterfront
Association, Inc."
In order to continue the services provided for in the original Contract document referenced above, the
Contractor agrees to amend the Contract as provided herein:
The Parties agree to remove "Section 5. Insurance" in its entirety.
Note: Language deleted has been stmek-dwatigh. New language has been underlined.
All other terms and conditions of the agreement shall remain in force.
IN WITNESS WHEREOF, the parties have each, respectively, by an authorized person or agent, have
executed this Amendment on the date(s) indicated below.
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Dwight E. Brock, Clerk
BY:
Contractor First Witness
By:
Print Name
Contractor Second Witness
By:
Print Name
roved as to form and legality:
olleen M. Greene, Assistant County Attorney
Accepted:
OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Georgia A. Hiller, Esq., Chairwoman
CONTRACTOR:
Old Naples Waterfront Association, Inc.
m
Print Name and Title
2013
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11/12/2013 161.3.
2014 TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND OLD NAPLES WATERFRONT ASSOCIATION, INC.
THIS AGREEMENT is made and entered into this day of
2013, by and between Old Naples Waterfront Association, Inc., a Florida
not - for - profit corporation, hereinafter referred to as "GRANTEE" and Collier County, a political
subdivision of the State of Florida, hereinafter referred to as "COUNTY ".
WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred
to as "Plan ") funded by proceeds from the Tourist Development Tax; and
WHEREAS, the Collier County Tourism Ordinance provides that certain of the revenues
generated by the Tourist Development Tax are to be allocated to promote and advertise tourism
within the State of Florida, nationally and internationally which encourages tourism; and
WHEREAS, GRANTEE has applied to the Tourist Development Council and the County
to use Tourist Development Tax funds for out of market promotion of a stone crab festival; and
WHEREAS, the Collier County Board of County Commissioners has approved the
funding request of the GRANTEE and the Chairman was authorized to execute the Tourism ^
Agreement.
NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES
PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY
AGREED AS FOLLOWS:
1. SCOPE OF WORK:
(a) In accordance with the authorized expenditures as set forth in the Budget, attached
hereto as Exhibit "F ", the GRANTEE shall expend the funds for the out' of the Fort Myers DMA
(DeSoto, Charlotte, Glades, Lee, Hendry, and Collier County) promotion of the Stone Crab
Festival (hereinafter "the Project ")
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2. PAYMENT:
(a) The amount to be paid under this Agreement shall be a total of Twenty Five
Thousand Dollars ($25,000). GRANTEE shall be paid in accordance with fiscal procedures of
the County for the expenditures incurred as described in Paragraph One (1) herein upon submittal
of a Request for Funds on the form attached hereto as Exhibit "D" and made a part hereof, and
shall submit vendor invoices, copies of credit card receipts and statements and two -sided copies
of cancelled checks, on -line bill pay transaction registers or other acceptable evidence of
payment, original tear sheets of print ads showing publication name and date, affidavit of
broadcast dates and times, screen shots of on -line ads showing date of capture, or samples of
printed materials to the Tourism Director or his designee, for review and upon verification by
letter from the GRANTEE that the services or work performed as described in the invoice have
been completed or that the goods have been received and that all vendors have been paid.
Should these documents be unavailable, the GRANTEE may submit other legally viable
evidence of payment subject to review and approval by the Clerk's Office.
(b) The Tourism Director or his designee shall determine that the invoice payments
are authorized and that the goods or services covered by such invoice[s] have been provided or
performed in accordance with such authorization. The budget attached as Exhibit "F" shall
constitute authorization for the expenditures] described in the invoice[s].
(c) All expenditures shall be made in conformity with this Agreement.
(d) The COUNTY shall not pay GRANTEE until the Clerk of the Board of County
Commissioners pre - audits all payment invoices in accordance with law.
(e) GRANTEE shall be paid for its actual costs, not to exceed the maximum amount
budgeted pursuant to the attached "Exhibit F ".
(f) Expenditures with publications, broadcast and brochure distribution with
circulation or reach outside of the Fort Myers DMA (DeSoto, Charlotte, Glades, Lee, Hendry,
Collier) over fifty percent (50 %) of the total will be acceptable for reimbursement at full value
based on a statement from the publisher, broadcaster or distributor attesting to that circulation
percentage.
(g) Invoices for prepayment or for deposit on services will not be eligible for
reimbursement.
(h) Services or product must be delivered and paid for by GRANTEE between the
effective dates of this agreement.
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(i) All requests for reimbursement must be received prior to September 30, 2014 to be
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eligible for payment.
3. ELIGIBLE EXPENDITURES:
(a) Only eligible expenditures described in Paragraph One (1) will be paid by
COUNTY.
(b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2013
and September 30, 2014.
(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 REOUIREMENTS:
(a) GRANTEE shall provide to County an interim status report on the form attached
hereto as Exhibit `B" no later than March 30, 2014 whether or not a Request for Funds is
submitted.
(b) GRANTEE shall provide to County a final status report on the form attached
hereto as Exhibit "C" no later than October 15, 2014.
(c) Each report shall identify the economic impact generated by the GRANTEE
through the use of reports (Exhibits "B" and "C ") which identify the amount spent, the duties
performed, the services provided, and the goods delivered since the previous reporting period.
(d) GRANTEE shall take reasonable measures to assure the continued satisfactory
performance of all vendors and subcontractors.
(e) COUNTY may withhold any interim or final payments for failure of GRANTEE
to provide the interim status report or final status report until the County receives the interim
status report or final status report or other report acceptable to the Tourism Director.
(f) GRANTEE shall request that visitors to the Stone Crab Festival complete the
visitor questionnaire attached to this Agreement as Exhibit "E ". All completed visitor
questionnaires shall be maintained in accordance with Paragraph Thirteen (13) of this
Agreement.
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5. INSURANCE:
(a) GRANTEE shall submit a Certificate of Insurance naming the Collier County
Board of County Commissioners and the Tourist Development Council as additional insureds.
(b) The certificate of insurance must be valid for the duration of this Agreement, and
be issued by a company licensed in the State of Florida, and provide General Liability Insurance
for no less than the following amounts:
BODILY INJURY LIABILITY $300,000 each claim per person
PROPERTY DAMAGE LIABILITY $300,000 each claim per person
PERSONAL INJURY LIABILITY $300,000 each claim per person
(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:
(a) GRANTEE may select vendors or subcontractors to provide services as described
in Paragraph One (1).
(b) COUNTY shall not be responsible for paying vendors and shall not be involved in
the selection of subcontractors or vendors.
(c) GRANTEE agrees to disclose any Financial or other relationship between
GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related
employees, agents, officers, directors and /or shareholders.
(d) COUNTY may, in its discretion, object to the reasonableness of expenditures and
require payment if invoices have been paid under this Agreement for unreasonable expenditures.
The reasonableness of the expenditures shall be based on industry standards.
7. INDEMNIFICATION:
GRANTEE shall indemnify and hold harmless Collier County, its agents, officers and
.-� employees from any and all liabilities, damages, losses and costs, including, but not limited to,
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reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the GRANTEE or anyone employed or utilized
by the GRANTEE in the performance of this Agreement. This indemnification obligation shall
not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be
available to an indemnified party or person described in this paragraph.
8. NOTICES:
All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly
served if mailed by registered or certified mail to the GRANTEE at the following address:
Jenny Foegen
Old Naples Waterfront Association, Inc.
465 Bayfront Place
Naples, FL 34102
All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly
served if mailed by registered or certified mail to the COUNTY to:
Jack Wert, Tourism Director
Collier County Tourism Department
2800 N. Horseshoe Drive
Naples, Florida 34104
The GRANTEE and the COUNTY may change the above mailing address at any time
upon giving the other party written notification pursuant to this Section.
9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a
partnership between the COUNTY and the GRANTEE, or its vendors or subcontractors, or to
constitute the GRANTEE, or its vendors or subcontractors, as an agent or employee of the
COUNTY.
10. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all
matters pertaining to this Agreement and shall provide all information and documentation
requested by the COUNTY from time to time pertaining to the use of any funds provided
hereunder.
11. TERMINATION:
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(a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause
by giving thirty (30) days advance written notice of such termination specifying the effective date
of termination.
(b) If the COUNTY terminates this Agreement, the COUNTY will pay the
GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with
subcontractors and vendors, up to the effective date of the termination so long as such expenses are
eligible.
12. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and
accurate accounting records. All revenue related to the Agreement must be recorded, and all
expenditures must be incurred within the term of this Agreement.
13. AVAILABILITY OF FUNDS: This agreement is subject to the availability of
Tourist Development Tax revenues. If for any reason tourist tax funds are not available to fund all
or part of this agreement, the COUNTY may upon written notice , at any time during the term of
this agreement, and at its sole discretion, reduce or eliminate funding under this agreement.
14. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books,
documents, papers and financial information pertaining to work performed under this Agreement
for a period of three (3) years. GRANTEE agrees that the COUNTY, or any of its duly authorized
representatives, shall, until the expiration of three (3) years after final payment under this
Agreement, have access to, and the right to examine and photocopy any pertinent books,
documents, papers, and records of GRANTEE involving any transactions related to this
Agreement.
15. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or
transfer in whole or in part its interest in this Agreement without the prior written consent of the
COUNTY.
16. TERM: This Agreement shall become effective on October 1, 2013 and shall
remain effective for one year until September 30, 2014. If the project is not completed within the
term of this agreement, all unreleased funds shall be retained by the COUNTY. Any extension of
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this agreement beyond the one (1) year term in order to complete the Project must be at the express
consent of the Collier County Board of County Commissioners.
17. The GRANTEE must request any extension of this term in writing at least sixty
(60) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to
this Agreement to extend the term for an additional ninety (90) days.
18. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate
the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a
written report to the Tourism Director or his designee, along with a final budget analysis by
October 15, 2014.
19. REQUIRED NOTATION: All promotional literature and all print, broadcast and
on -line media advertising where possible should prominently list Collier County and the Tourist
Development Council as a source of funds to read "A cooperative effort funded by the Collier
County Tourist Development Tax" and/or display the CVB logo and website address
www.paradisecoast.com to qualify for reimbursement.
20. AMENDMENTS: This Agreement may only be amended by mutual written
agreement of the parties, after review by the Collier County Tourist Development Council if
warranted.
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IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
ATTEST:
DWIGHT E. BROCK, Clerk
Approved as to form and
eg 1 sufficiency
olleen M. Greene
Assistant County Attorney
WITNESSES:
(1)
�., Printed/Typed Name
(2)
Printed/Typed Name
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
GEORGIA A. HILLER, Esq., Chairwoman
GRANTEE:
OLD NAPLES WATERFRONT ASSOCIATION,
INC.
Printed/Typed Name
Printed/Typed Title
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EXHIBIT "B"
Collier County Tourist Development Council
Interim Status Report
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON: TITLE:
ADDRESS:
PHONE: FAX:
On an attached sheet, answer the followin4 yuesdons to identify the status of the
ro ect
INTERIM — These questions will identify the current status of the project. After the TDC
staff reviews this Interim Status Report, if they feel you are behind schedule on the
planning stages, they will make recommendations to help get the project stay on schedule.
Has the planning of this project started?
At what point are you at with the planning stage for this project?
(Percent of completion)
Will any hotels /motels be utilized to support this project?
If so, how many hotel room nights will be utilized?
What is the total dollar amount to date of matching contributions?
What is the status of the advertising and promotion for this project?
Have your submitted any advertisements or printed pieces to the TDC staff for approval?
Please supply a sample and indicate the ad schedule.
How has the public interest for this project been up to this point?
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^ EXHIBIT "C"
Collier County Tourist Development Council
Final Status Report
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
ADDRESS:
TITLE:
PHONE: FAX:
^ On an attached sheet, answer the following questions for each element in your
scove of work.
Final — These questions should be answered for your final status report.
Was this a first time project? If not, how many times has this event taken place?
What hotels /motels were utilized to support the project and how many?
What is the total economic impact and revenue generated for this event?
Total expenses. (Have all vendors been paid ?)
List the vendors that have been paid, if not, what invoices are still outstanding and why?
What is the number of participants that visited the project?
What is the percentage of the total participants from out of Collier County?
What problems occurred if any during the project event?
List any out -of- county- advertising, marketing, and /or public relations that was used to
support the project and attach samples.
How could the project been improved or expanded?
it,
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EXHIBIT "D"
REQUEST FOR FUNDS
COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL
EVENT NAME
ORGANIZATION
ADDRESS
CONTACT PERSON TELEPHONE ( )
REQUEST PERIOD FROM TO
REQUEST#
( ) INTERIM REPORT ( ) FINAL REPORT
TOTAL CONTRACT AMOUNT S
EXPENSE BUDGET REIMBURSEMENT REQUESTED
TOTALS
NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in
your application. Copies of paid invoices, cancelled checks, tear sheets, printed samples or other
backup information to substantiate payment must accompany request for funds. The following
will not be accepted for payments: statements in piece of invoices; checks or Invoices not dated;
tear sheets without date, company or organizations name. A tear sheet is required for each ad for
each day or month of publication. A proof of an ad will not be accepted.
For each request for payment, Grantee is required to submit verification in writing that all
subcontractors and vendors have been paid for work and materials previously performed or
received prior to receipt of any further payments.
If project budget has specific categories with set dollar limits, the Grantee is required to include a
spreadsheet to show which category each Invoice is being paid from and total of category before
payment can be made to Grantee. Organizations receiving funding should take into consideration
that it will take a maximum of 45 days for the County to process a check.
Furnishing false information may constitute a violation of applicable State and Federal laws.
CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on
our official accounting system and records, consistently applied and maintained and that the cost
shown have been made for the purpose of and in accordance with, the terms of the contract. The
funds requested are for reimbursement of actual cost made during this time period.
SIGNATURE TITLE
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EXHIBIT "E"
Naples
Marc °mod
Everglades
PARADISE °°•°' . VISITOR QUESTIONNAIRE
Welcome to the Paradise Coast a". 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 10. PLEASE
REFER TO OUR PARADISE COAST BROCHURES FOR THE LOCATION OF ALL AREA
ATTRACTIONS.
NAME:
AL)LUKE55: CITY ST 71P
DATE OF ARRIVAL: DATE OF DEPARTURE:
WHERE ARE YOU HOTELIRESORT FRIENDS /FAMILY CONDOMINIUM
STAYING?
NAME OF HOTEL AND CITY /AREA:
NAME OF CONDOMINIUMITIMESHARE:
# OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY
HOW DID YOU SELECT THE HOTEL/CONDOMINIUM?
INTERNET ( ) YOUR CHOICE ( ) TRAVEL AGENT ( )
OTHER:
NUMI3EK OF MEALS YOU & YOUR GROUP WILL EAT OUT:
Number of people in your party
Third Street South
Number of days of your visit =
Waterside Shops
Number of meals eaten out each day =
venetian Bay
PLANNED AREA ACTIVITIES: (Please circle all that apply)
ARTS & CULTURE WATER SPORTS
NATURE
von Liebig Art Center Beaches
Everglades Tour
Naples Museum of Art Naples Pier
County Parks
Sugden Theatre Shelling
National Park
Naples Philharmonic Fishing
State Parks
Art Galleries Boating
Corkscrew Swamp
Other Kayaking
Conservancy of SW
Other
FL
Lake Trafford
Other
SHOPPING AND DINING SIGHTSEEING
Fifth Avenue South
Lunch/Dinner Cruise/
Third Street South
Sunset Cruise
Waterside Shops
City Trolley Tour
venetian Bay
Everglades Tour
Bayiront
Segway Tour
Tin City
Dolphin Cruise
Prime Outlets
Other
Other
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FAMILY ATTRACTIONS
Naples Zoo
Naples Botanical Garden
Fun `n Sun Water Park
Swamp Buggy Race
Mini Golf
King Richard's Fun Park
County Museums
Other
RELAXATION &
ENTERTAINMENT
Golf
Spa
Shelling
Seminole Casino
Lounges & Clubs
Music
Other
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EXHIBIT " P
Old Naples Waterfront Association, Inc.
Project Budget
Funding — Not to Exceed
Out of the Fort Myers DMA (DeSoto, Charlotte, Glades, Lee, Hendry, and Collier
County) Advertising and Marketing
Expenses
Total:
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125,000
$25,000
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Approved.
Jeff Walker, CPCU, ARM
Director, Risk Management
Office- 239 - 252 -8906
From: GreenKelly
Sent: Tuesday, October 15, 2013 4:52 PM
To: WalkerJeff
Cc: Wertlack; Markiewiczloanne
Subject: Insurance Waiver Request for 2014 TDC Grant Agreement - Old Naples Waterfront Association
Jeff,
In the past, we worked with Ray to review insurance requirements for our annual TDC grant
agreements. Last year, we were granted an insurance waiver for the Old Naples Waterfront Association,
a non - profit group that puts on the Stone Crab Festival. As this is a non - profit organization, there is
limited funding available for insurance coverage and this requirement was fulfilled last year by
requesting insurance certificates from each participating restaurant participant. Attached are the
insurance certificates from participating venues. The Waterfront Association has no property, the event
is all held at the restaurants.
We respectfully request a waiver of insurance for the Old Naples Waterfront Association based on the
insurance coverage provided by the participating festival location venues.
Kelly Green
Tourist Development Tax Coordinator
Naples, Marco Island, Everglades
Convention & Visitors Bureau
2800 N. Horseshoe Drive
Naples, FL 34104
(239) 252 -2384; (239) 252 -2404 fax
KellyG reenecolliemov.net
Discover Florida's Last Paradise
ui wci rwnua Law, e -mail aaaresses are public records. If you do not want your e-mail address released in response to a public records
request. do not send electronic mail to this entity. Instead, contact this office by telephone or in writing,
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