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Agenda 07/26/2011 Item #16F3Agenda Changes Board of County Commissioners Meeting July 26, 2011 Continue Item 16136 to the September 13, 2011 BCC Meeting: Request that the Board of County Commissioners review and approve the County Attorney's recommendation to waive any potential ethics conflict for a Code Enforcement Board member based on Ch. 112, Florida Statutes. (Original request was from Commissioner Hiller to have this item moved to the Regular agenda; Staff requested item is continued due to fact the individual in question isn't able to attend this meeting.) Continue Item 16F1 to the September 13, 2011 BCC Meetine: Modification to Contract #11 -5704 for the Pelican Bay Community Crosswalks to Bateman Contracting, LLP. (Staffs request to further address the vendor's concerns regarding the scheduling of the crosswalk construction.) Continue Item 16F3 to the September 13, 2011 BCC Meeting: Recommendation to approve and authorize the Chairman to sign Amendment #2 to the Friends of Rookery Bay, Inc. FY 11 Tourist Development Tax Grant Agreement to change the current funding source from Category C -2 to Tourism Promotion Fund 184 as a Category B marketing grant. (Staff and Commissioner Hiller's separate requests in response to grantee's request for continuance to resolve questions raised by the Clerk's Finance Department) Move Item 16D14 to Item IOH: Recommendation to approve the Collier County 5 -Year HUD Consolidated Plan for FY 2011 -2016; One Year HUD Action Plan FY 2011 -2012 and revised Citizen Participation Plan, and to sign the supporting resolution and certifications for submission to the United States Department of Housing and Urban Development (HUD). (Commissioner Hiller's request) Move Item 16131 to Item 10I: Recommendation to approve final submission of the Disaster Recovery Initiative 2008 Disaster Recovery Enhancement Funds (DREF) application to the Florida Department of Community Affairs for funding in the amount of $3,323,962. (Commissioner Hiller's request) Move Item 16A19 to Item 10J: Recommendation for the Board of County Commissioners (Board) to direct the County Manager or designee to create and fund a project via budget amendment within Parks and Recreation Capital Fund (306) for the specific purpose of establishing a public All Terrain Vehicle (ATV) park and to move forward with public involvement, concept evaluations, cost comparisons and then come back to the Board with alternatives and a final recommendation to implement the project. (Commissioner Hiller's request) Move Item 16C5 to Item IOK: Recommendation to approve the Renewal and Amendment of the Agreement for Delivery and Reuse of Reclaimed Water between The Club Pelican Bay, Inc. and the Board of County Commissioners of Collier County, Florida, as the Ex- Officio Governing Board of the Collier County Water -Sewer District. (Commissioner Hiller's request) Move Item 16F5 to Item IOL: Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2010 -11 Adopted Budget. (Staffs request) Companion Item to IOA Move Item 16B1 to Item 13131: Recommendation to approve Local Advisory Board members and CRA staff attendance at Florida Redevelopment Association 2011 Annual Conference including payment of attendees' registration, lodging, travel and per diem expenses from the Bayshore Gateway Triangle Trust Fund (187) budget and declare the conference attendance and training received as a valid public purpose. (Estimated Fiscal Impact approximately $839 per person) (Commissioner Hiller's request) Move Item 17D to Item 8E: Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2010 -11 Adopted Budget. (Staff s request) This item to be heard subsequent to Items 10A and IOJ. Note: Items 9G and 12A are companion items. (County Attorney's request) Item 16D7: Advisory Committee Recommendations as follows: The Tourist Development Council recommended approval of this item by a vote of 6 -1 on 7/21/2011 subject to verification by the Clerk that TDC funds can be used to fund this item. The Council also made a finding that this item supports tourism and serves a valid public purpose. (Staffs request) Item 16D19: Bid Number should read #11 -5692; not #11 -5697 as shown on the agenda and the Executive Summary. (Staffs request) Time Certain Items: Item 1OG to be heard at 9:45 a.m. Item 8C to be heard at 10:15 a.m. Item 8D to be heard immediately following Item 8C Item 8B to be heard at 11:00 a.m. Item IOC to be heard at 1:00 p.m. Item 8A to be heard at 2:00 p.m. 7/28/2011 11:31 AM 7/26/2011 Item 16.F.3. EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign Amendment #2 to the Friends of Rookery Bay, Inc. FY 11 Tourist Development Tax Grant Agreement to change the current funding source from Category C -2 to Tourism Promotion Fund 184 as a Category B marketing grant. OBJECTIVE: Change funding source for FY 11 Tourist Development Tax grant agreement to Friends of Rookery Bay, Inc. CONSIDERATIONS: At the May 27, 2011 Tourist Development Council (TDC) meeting there was discussion regarding the source of funding for the grant to Friends of Rookery Bay, Inc. a Florida 501 (C) (3) corporation to promote the Rookery Bay Environmental Learning Center. Currently, this grant is funded as a Category C -2 grant in the amount of $50,000. The County Attorney's Office has reviewed funding eligibility for Friends of Rookery Bay, Inc. to determine if the organization was eligible to request and receive funds on behalf of Rookery Bay. The County Attorney has indicated that the Tourist Tax Ordinance would need to be amended to accommodate funding the Friends of Rookery Bay grant out of Category C -2; however Friends of Rookery Bay, Inc. was eligible for funding as a TDC Category B marketing grant out of Tourism Promotion Fund 184. Therefore, staff requests approval to amend the current agreement so that this FY 11 Category C -2 grant is funded from Tourism Promotion Fund 184 as a Category B marketing grant. LEGAL CONSIDERATION: This item has been reviewed by the County Attorney's Office, requires majority vote, and is legally sufficient for Board action. — CMG ADVISORY BOARD RECOMMENDATION: The TDC recommended (6 -0) a change to the funding source for the current FY 11 Category C -2 grant for Friends of Rookery Bay, Inc. to be funded as a Category B marketing grant at their June 27, 2011 meeting. FISCAL IMPACT: Funds are available in Tourism Promotion Fund 184 to fund Friends of Rookery Bay, Inc. at $50,000 as a Category B grant. RECOMMENDATION: That the Board of County Commissioners approve and authorize the Chairman to sign Amendment #2 to Friends of Rookery Bay, Inc. FY 11 Tourist Development Tax Grant Agreement to change the current funding source from Category C -2 to Tourism Promotion Fund 184 as a Category B marketing grant. SUBMITTED BY: Jack Wert, Tourism Director Packet Page -2441- COLLIER COUNTY Board of County Commissioners Item Number: 16.F.3. 7/26/2011 Item 16.F.3. Item Summary: Recommendation to approve and authorize the Chairman to sign Amendment #2 to the Friends of Rookery Bay, Inc. FY 11 Tourist Development Tax Grant Agreement to change the current funding source from Category C -2 to Tourism Promotion Fund 184 as a Category B marketing grant. Meeting Date: 7/26/2011 Prepared By Name: GreenKelly Title: Tourist Development Tax Coordinator,Tourism 7/13/20114:57:45 PM Submitted by Title: Director - Tourism,Tourism Name: Werdack 7/13/2011 457:46 PM Approved By Name: WertJack Title: Director - Tourism,Tourism Date: 7/13/2011 9:53:04 PM Name: WoodLyn Title: Contracts Special ist,Purchasing & General Services Date: 7 /14/2011 11:56:39 AM Name: CarnellSteve Tide: Director - Purchasing/General Services, Purchasing Date: 7/14/2011 2:1158 PM Name: GreeneColleen Title: Assistant County Attorney,County Attorney Date: 7 /14/2011 3:35:01 PM Packet Page -2442- Name: KlatzkowJeff Title: County Attorney, Date: 7 /14/2011 4:08:15 PM Name: FinnEd Date: 7/14/2011 5:17:09 PM 7/26/2011 Item 16.F.3. Name: PriceLen Title: Administrator - Administrative Services, Date: 7/18/2011 1:55:43 PM Packet Page -2443- 7/26/2011 Item 16.F.3. 2011 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND FRIENDS OF ROOKERY BAY, INC. THIS AGREEMENT is made and entered into this lst day of October, 2010, by and between the Friends of Rookery Bay, Inc. a Florida not - for -profit corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY". WHEREAS, the COUNTY has adopted a Tourist Development PIan (hereinafter referred to as "Plan's funded by proceeds from the Tourist Development Tax; and WHEREAS, the Collier County Tourism Ordinance provides that certain of the revenues generated by the Tourist Development Tax are to be allocated to acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote museums owned and operated by not- for -profit organizations and open to the public; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds for GRANTEE'S out of county marketing expenses; and WHEREAS, The Tourist Development Council has recommended funding for GRANTEE'S out of market advertising, website enhancement and related expenditures; and WHEREAS, the Board of County Commissioners has made a finding that GRANTEE qualifies as a museum; and WHEREAS, The Collier County Board of County Commissioners has approved the funding request of the GRANTEE and the Chairman was authorized to execute the Tourism Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: (a) In accordance with the authorized expenditures as set forth in the Budget, attached hereto as Exhibit "I"', the GRANTEE shall expend the funds for the promotion of GRANTEE'S marketing (hereinafter "the Project"), to include: Packet Page -2444- 7/26/2011 Item 16T.3 (i) Advertising and promotional expenses in media outside of Collier County to increase the number of overnight visitors to Collier County, 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Fifty Thousand Dollars ($50,000). GRANTEE shall be paid in accordance with the fiscal procedures of the County for the expenditures incurred as described in Paragraph One (1) herein upon submittal of a Request for Funds on the form attached hereto as Exhibit "D" and made a part hereof, and shall submit vendor invoices and copies of cancelled checks or other evidence of payment to the Executive Director of the Naples, Marco, Everglades Convention and Visitors Bureau ( "CVB "), or his designee, for review and upon verification by letter from the GRANTEE that the services or work performed as described in the invoice have been completed or that the goods have been received and that all vendors have been paid. (b) The Executive Director of the CVB, or his designee, shall determine that the invoice payments are authorized and that the goods or services covered by such invoice[s] have been provided or performed in accordance with such authorization. The budget attached as Exhibit "F" shall constitute authorization for the expenditure[s] described in the invoice[s]. (c) All expenditures shall be made in conformity with this Agreement. (d) The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre- audits all payment invoices in accordance with law. (e) GRANTEE shall be paid for its actual costs, not to exceed the maximum amount budgeted pursuant to the attached "Exhibit F ". (f) All requests for reimbursement must be received by September 30, 2011 to be eligible for payment, 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in Paragraph One (1) will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2010 and September 30, 2011. Packet Page -2445- 7/26/2011 Item 161.3. (c) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY's written request to repay said funds. (d) COUNTY may request repayment of funds for a period of up to three (3) years after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming the Collier County Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY — Statutory (c) The Certificate of Insurance must be delivered to the Executive Director of the CVB or his designee with copies of the Agreement executed by GRANTEE. The GRANTEE shall not commence promotional or advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY and the Agreement is fully executed. 5. REPORTING REQUIREMENTS: (a) GRANTEE shall provide to County a preliminary status report on the form attached hereto as Exhibit "A" within thirty (30) days of the effective date of the agreement. (b) GRANTEE shall provide to County a quarterly interim status report on the form attached hereto as Exhibit "B ". Packet Page -2446- 7/26/2011 Item 161.3. (c) GRANTEE shall provide to County a final status report on the form attached hereto as Exhibit "C" no later than October 15, 2011. (d) Each report shall identify the amount spent, the duties performed, the services provided and the goods delivered since the previous reporting period. (e) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors, (f) COUNTY may withhold any interim or final payments for failure of GRANTEE to provide the interim status report or final status report until the County receives the interim status report or final status report or other report acceptable to the Executive Director of the CVB. (g) GRANTEE shall request that visitors to Rookery Bay complete the visitor questionnaire attached to this Agreement as Exhibit "E ". All completed visitor questionnaires shall be maintained in accordance with Section 13 of this Agreement. 6. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph One (1). (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. (c) GRANTEE agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures, The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION: GRANTEE shall indemnify and hold harmless Collier County, its agents, officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the GRANTEE or anyone employed or utilized Packet Page -2447- 7/26/2011 Item 16.17.3. by the GRANTEE in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. 8. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Bruce Robertson, Board President Friends of Rookery Bay 300 Tower Road Naples, Florida 34113 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: Jack Wert, Executive Director Naples, Marco Island, Everglades CVB 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. Packet Page -2448- 7/26/2011 Item 16.F.3. 11. TERMINATION: (a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination specifying the effective date of termination. (b) If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the termination so long as such expenses are eligible. 12. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records. All revenue related to the Agreement must be recorded, and all expenditures must be incurred within the term of this Agreement. 13. AVAILABILITY OF FUNDS: This agreement is subject to the availability of Tourist Development Tax revenues. If for any reason tourist tax funds are not available to fund all or part of this agreement, the COUNTY may upon written notice, at any time during the term of this agreement, and at its sole discretion, reduce or eliminate funding under this agreement. 14. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement for a period of three (3) years. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any transactions related to this Agreement. 15. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. Packet Page -2449- 7/26/2011 Item 16.F.3. 16. TERM: This Agreement shall become effective on October 1, 2010 and shall remain effective for one year until September 30, 2011. If the project is not completed within the term of this agreement, all unreleased funds shall be retained by the COUNTY. Any extension of this agreement beyond the one (1) year term in order to complete the Project must be at the express consent of the Collier County Board of County Commissioners. 17. The GRANTEE must request any extension of this term in writing at least sixty (60) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional 90 days. 18. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Executive Director of the CVB or his designee, along with a final budget analysis by October 15, 2011. 19. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County and the Tourist Development Council as a source of funds and display the CVB logo and website address to qualify for reimbursement. 20. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. Packet Page -2450- 7/26/2011 Item 161.3. 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. B OCK, Clerk COLLIER CO /NTT, FLORIDA By: �t11td1r! OAi� FRED W. COYLE, Chairman� AppWed as to.%Ftp and �AsIrFA it County Attorney ° WITNESSES: GRANTEE: ---t ' ?---- FRIENDS OF ROOKERY BAY, INC. Printed/Typed Name _._.. Printed typed Name Printed/Typed Name Printed/Typed Title Packet Page -2451- _ 7/26/2011 Item 16.F.3. EXHIBIT "A" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Preliminary Status Report TITLE: FAX: On attached sheet answer the following auestlons and attoth it to vour aaglieation PRELIMINARY INFORMATION: Is this a first time project? If not, please give details of past projects. Do you anticipate using area hotels in support of your project? If so, what are the estimated hotel room nights generated by project? What is the estimated revenue generated by this project? What is the estimated number of participants expected to visit the project? If project planning is in progress, what has been done, what remains to be done, and are there any problems? If the project planning has not been started, why? List any planned out -of- county advertising, marketing, and /or public relations that will be used in support of the project. Packet Page -2452- 7/26/2011 Item 16.F.3. EXHIBIT "B" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Interim Status Report TITLE: On an attached sheet, answer the following auestions to Identify the status of the oroiect Submit this report at least quarterly, INTERIM — These questions will identify the current status of the project. After the TDC staff reviews this Interim Status Report, if they feel you are behind schedule on the planning stages, they will make recommendations to help get the project stay on schedule. Has the planning of this project started? At what point are you at with the planning stage for this project? (Percent of completion) Will any hotels /motels be utilized to support this project? If so, how many hotel room nights will be utilized? What is the total dollar amount to date of matching contributions? What is the status of the advertising and promotion for this project? Have your submitted any advertisements or printed pieces to the TDC staff for approval? Please supply a sample and indicate the ad schedule. How has the public interest for this project been up to this point? Packet Page -2453- 7/26/2011 Item 16.F.3. EXHIBIT "C Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Final Status Report TITLE: FAX: On an attached sheet, answer the following auesrfons for each element in your scone of work Final — These questions should be answered for your final status report. Was this a first time project? If not, how many times has this event taken place? What hotels /motels were utilized to support the project and how many? What is the total revenue generated for this event? Total expenses. (Have all vendors been paid?) List the vendors that have been paid, if not, what invoices are still outstanding and why? What is the number of participants that visited the project? What is the percentage of the total participants from out of Collier County? What problems occurred if any during the project event? List any out -of- county- advertising, marketing, and /or public relations that was used to support the project and attach samples. How could the project been improved or expanded? Packet Page -2454- 7/26/2011 Item 16.F.3. EXHIBIT "D" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE( ) REQUESTPERIOD FROM TO REQUESTp ( ) INTERIM REPORT (i FINAL REPORT TOTAL CONTRACT AMOUNT $ EXPEL BUDGET REIMBURSEMENT REQUESTED TOTALS NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Copies of paid Invoices, cancelled checks, tear sheets, printed samples or other backup information to substantiate payment must accompany request for funds. The following will not be accepted for payments: statements In place of Invoices; checks or invoices not dated; tear sheets without date, company or organizations name. A tear sheet Is required for each ad for each day or month of publication. A proof of an ad will not be accepted. Each additional request for payment subsequent to the first request, Grantee Is required to submit verification in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. If project budget has specific categories with set dollar limits, the Grantee Is required to include a spreadsheet to show which category each invoice Is being paid from and total of category before payment can be made to Grantee. Organizations receiving funding should take Into consideration that It will take a maximum of 45 days for the County to process a check. Furnishing false information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF FINANCIAL OFFICER: I certify that the above Information Is correct based on our official accounting system and records, consistently applied and maintained and that the cost shown have been made for the purpose of and in accordance with, the terms of the contract. The funds requested are for reimbursement of actual cost made during this time period. SIGNATURE TITLE Packet Page -2455- — 7/26/2011 Item 161.3. EXHIBIT "E" Naples Marco Island Everglades "" ° "` °"' 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 s"'. PLEASE REFER TO OUR PARADISE COAST BROCHURES FOR THE LOCATION OF ALL AREA ATTRACTIONS. NAME: ADDRESS: CITY ST ZIP DATE OF ARRIVAL: DATE OF DEPARTURE: WHERE ARE YOU HOTEL /RESORT FRIENDS /FAMILY CONDOMINIUM STAYING? NAME OF HOTEL AND CITY /AREA: NAME OF CONDOMINIUM/TIMESHARE: p OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY = HOW DID YOU SELECT THE HOTEL/CONDOMINIUM? INTERNET I ) YOUR CHOICE ( ) TRAVEL AGENT ( ) OTHER: NUMBER OF MEALS YOU & YOUR GROUP WILL EAT OUT: Number of people in your party Number of days of your visit = _ Number of meals eaten out each day = PLANNED AREA ACTIVITIES: (Please circle all that apply) ARTS & CULTURE WATER SPORTS NATURE von Uebig Art Center Beaches Everglades Tour Naples Museum of Art Naples Pier County Parks Sugden Theatre Shelling National Park Naples Philharmonic Fishing State Parks Art Galleries Boating Corkscrew Swamp Other Kayaking Conservancy of SW FL Other Lake Trafford EHOPPING_AND DINT Fifth Avenue South Third Street South Waterside Shops Venetian gay Sayfront Tin City Prime Outlets Other_ Other SIGHTSEEING Lunch /Dinner Cruise/ Sunset Cruise Cfty Trolley Tour Everglades Tour Seaway Tour Dolphin Cruise Other Packet Page -2456- FAMILY ATTRACTIONS Naples Zoo Naples Botanical Garden Fun 'n Sun Water Park Swamp Buggy Race Mini Goff King Richard's Fun Park Other RELAXATION & ENTERTAINMENT Golf Spa Shelling Seminole Casino Lounges & Clubs Music Other 7/26/2011 Item 161.3. - EXHIBIT. "F" Friends of Rookery Bay Project Budget PROJECT EXPENSES: Intended Utilization of Tourist Tax Funds Provide an itemized summary indicating the intended use of TDC funds. Please be as explicit as possible. ineludina intandnd ,... i.t:....e: --- _____ _ _ sheets if necessary. Video/PSA production and distribution Website enhancement project Out -of- county print, online and broadcast major. event ads (including hotel package promotions) Naples, Marco Island and the Everglades Visitor Guide Batfxsh Costume (Quote from Leyenda Productions) Constant Contact e- communications service annual fee Greater Naples Chamber of Commerce map listing VisltFlorida Small Business Partner membership Total Tourism Funds Utilized Packet Page -2457- .$20,000 $15,000 $10,000 $2,000 $1,500 $500 $500 $500 $50,000 7/26/2011 Item 16.17.3. OFFICE OF THE COUNTY ATTORNEY MEMORANDUM TO: Commissioner Georgia Hiller, Chairman, Tourist Development Council Tourist Development Council Members CC: Jack Wert, Director, Tourism Jeffrey A. Klatzkow, County Attorney FROM: Colleen M. Greene, Assistant County Attorney DATE: June 6, 2011 RE: Funding Eligibility for the Friends of Rookery Bay At the May 27, 2011 Tourist Development Council ( "TDC ") meeting, Commissioner Hiller inquired whether the Friends of Rookery Bay qualified to receive grant funding under Category C -2, Non - County Owned Museums. At the time, I opined that the group was eligible for funding. 1 have subsequently researched this issue and discussed it with the County Attorney. After reviewing both the statute and legislative history, it is my opinion the intent of the County Ordinance was to fund County, not -for- profit, and municipal museums. As such, at this time, the Friends of Rookery Bay are not eligible for Category C -2 funding; however, the group is eligible for Category B funding "promotion and advertising." Collier County first added Category C funding on or about September 10, 1996, for County owned museums in Ordinance No. 96 -54, with the following language: "Category C — To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more County owned museums." At the time, Section 125.0104(5)(a) I provided: (5) AUTHORIZED USES OF REVENUE. (a) All tax revenues received pursuant to this section by a county imposing the tourist development tax shall be used by that county for the following purposes only: 1. To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate, or promote one or more publicly owned and operated convention centers, sports stadiums, sports arenas, coliseums, or auditoriums, or museums that are publicly owned and operated or owned and operated by not-for-profit organizations and open to the nuhlic .... (emphasis added.) The language in the statute remains the same today. Packet Page - 2458 7/26/2011 Item 16.F.3. Clearly in 1996, the Board intent was to fund County owned museums. Subsequently, the Board amended the Ordinance to include museums that are owned and operated by not -for- profit organizations and open to the public. (Ordinance No. 98 -95). In 2005, this section was amended again to include municipal owned museums. (Ord. No. 2005 -18). Based on the County's legislative history it appears that the County intended to fund County (Category C -1), not - for - profit, and municipal owned museums (Category C -2), and to exclude all other publically owned museums. Based on the above, absent an Ordinance amendment, the Friends of Rookery Bay are not eligible for Category C -2 funding; however, the Friends group is eligible for funding under Category B "promotion and advertisement." This issue and funding award should be re- addressed at the next regularly scheduled TDC meeting. 04 -t IFA- 00002/1027 Packet Page -2459- 7/26/2011 Item 16.17.3, EXHIBIT A -1 Contract Amendment #2 "2011 Tourism Agreement Between Collier County and Friends of Rookery Bay, Inc." This amendment, dated , 2011 to the referenced agreement shall be by and between the parties to the original Agreement, Friends of Rookery Bay, Inc. (to be referred to as "Grantee ") and Collier County, Florida, (to be referred to as "County "). Statement of Understanding RE: Contract # 10 -5551 - "2011 Tourism Agreement Between Collier County and Friends of Rookery Bay, Inc." In order to continue the services provided for in the original Contract document referenced above, the GRANTEE agrees to amend the preamble to the Contract as follows: 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 GRANTEE'S out of county marketing expenses; and WHEREAS, The Tourist Development Council has recommended Category B funding for GRANTEE'S out of market advertising, website enhancement and related expenditures; and WHEREAS, The Collier County Board of County Commissioners has approved the funding request of the GRANTEE and the Chairman was authorized to execute the Tourism Agreement. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Grantee and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. Packet Page -2460- 7/26/2011 Item 16.F.3. Accepted: 20 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman Approved as to form and gal sufficiency (G %s County Attorney WITNESSES: (1) Printed/Typed Name (2) Printed /Typed Name GRANTEE: FRIENDS 017 ROOKERY RAY, INC. BY: Printed / Tvped Name Printed /Typed Title 10 -5551 — 2011 Tourism Agreement Between 2 Collier County and Friends of Rookcry Bay Amendment #2 Packet Page -2461-