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Agenda 09/14/2010 Item #16F 4 Agenda Item No. 16F4 September 14,2010 Page 1 of 73 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign five (5) FY 11 Tourist Development Tax Category C-2 Grant Agreements totaling $295,000 subject to funding availability. OBJECTIVE: For the Board to review and approve five grant agreements for Tourist Development Tax Category C-2 Non-County owned museum grant applications for FY 11. CONSIDERATIONS: Grant Applications were made available on Collier County's Tourism website in January and were due April 16, 2010. In accordance with the Grant Criteria, the applications were first reviewed by the Tourism Director and then by a panel offive tourism industry representatives on May 6, 2010. The Grant Review Committee included: Lisa Boet, Naples Originals, representing the restaurant industry; Steve Mcintyre, Chairman Collier County Hotel & Lodging Association, representing the hotel industry, Michele Klinowski, Naples Chamber, representing the retail and shopping industry; Doug Rickenbach, Naples Zoo, representing the attractions industry and Elaine Reed, Naples Historical Society, representing the cultural community. The proposed FY 11 budget for Category C-2 Non-County museum grants totals $300,000. Staff received seven (7) applications totaling $796,006.04, so the review panel made reduced funding recommendations based on the $300,000 projected revenue budget. The Tourist Development Council (TDC) reviewed each grant application on May 24, 2010 and recommended funding for the following five applicants. Two applications were deemed to be non-compliant with TDC Grant Guidelines for funding: Children's Museum of Naples, Inc. - $100,000: The museum is under construction on the north side of North Collier Regional Park and plans to open in spring or early summer of 2011. This is the fourth request for funding from this organization. The requested funds would be used to promote the grand opening. The original request was for $150,000, but due to limited funding in this category and applying the repeat funding guidelines, the Grant Review Committee recommended $90,000, and the TDe recommended $100,000. Friends of Rookery Bay - $50,000: The Friends group supports the Rookery Bay National Estuary Preserve with volunteers and fund raising assistance. The organization is seeking funding to promote the facility using new videos and an enhanced website. The original request was for $50,000 and the Grant Review Committee and TDC recommended $50,000. Agenda Item No. 16F4 September 14, 2010 Page 2 of 73 Holocaust Museum of SW Florida. $32,500: The traveling boxcar exhibit has been seen at schools all over Collier, Lee and Sarasota Counties in the past year. The museum staff estimates 2009 attendance records indicate 76% of visitors are coming from out of Collier County. This is the fourth request for funding. The requested funds would be used to promote visitation to the museum. The original request was for $100,000 but due to the limited funding in this category and applying the repeat funding guidelines, the Grant Review Committee recommended $25,000, and the TDC recommended $32,500. Naples Art Association, Inc. dba von Liebig Art Center. $37,500: This organization has been funded for the past four years. The Association originally requested funding assistance of $75,000 for out of market advertising of festivals, exhibitions, and special events to attract out of town visitation. The Grant Review Committee and the TDC recommended $37,500 for out of market promotion and advertising of major off season events. Naples Botanical Garden, Inc. . $75,000: This organization has been funded since 2001 during their initial construction phase. They had a major reopening in 2009 after a multi-million dollar construction project. They will begin construction of two new gardens this year and are requesting funding of $183,150 for out of market advertising and promotion of the existing venues. The Grant Review Committee and the TDC recommended $75,000. FISCAL IMPACT: Each grant agreement contains a clause that stipulates grant payments are subject to tourist tax funding availability. The total of all recommended Category C-2 grant requests equals $295,000. Sufficient tourist tax revenue should exist within Non-County Museum Fund (193) during the fiscal year (FY 11) to offset grant draws which normally occur quarterly. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient - JBW. ADVISORY BOARD RECOMMENDATION: The TDC reviewed these applications at their May 24, 2010 meeting and recommended the above amounts for funding. RECOMMENDATION: That the Board of County Commissioners approves and authl'\rl'7o.s the (,hairman to cign f'l\lo. [:'V 11 Tl'\uric+ Tav ('a+e'"1'\ !"\! (' 2 ~ran+ IIV L..'- 1,.11 '-'111111 II L ~I II I v,"" I I II IV I..:;JL ^ '-" L ~VIJ \",,1- v IlL Agreements totaling $295,000 subject to funding availability. SUBMITTED BY: Jack Wert, Tourism Director Agenda Item No. 16F4 September 14, 2010 Page 3 of 73 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F4 Recommendation to approve and authorize the Chairman to sign five (5) FY11 Tourist Development Tax Category C-2 Non-County Owned Museum Grant Agreements totaling $295,000 subject to funding availability. 9/14/20109:00:00 AM Meeting Date: Prepared By Jack Wert Director- Tourism Date Tourism Tourism 8/26/20104:37:11 PM Approved By Jack Wert Director - Tourism Date Tourism Tourism 8/26/20106:31 PM Approved By Jennifer White Assistant County Attorney Date County Attorney County Attorney 8/27/2010 11 :46 AM Approved By Lyn Wood Contracts Specialist Date Administrative Services Division Purchasing & General Services 8/27/201011:48 AM Approved By Steve Carnell Director - Purchasing/General Services Date Administrative Services Division Purchasing & General Services 8/28/20109:12 AM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 8/31/20109:41 AM Approved By Jeff Klatzkow 1"_.._.... ^"'...____.. ,",UUlilY MLLVlllt::'y Date 8/31/20102:34 PM Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 915f2010 8:46 PM Agenda Item No. 16F4 September 14, 2010 Page 4 of 73 2011 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE C1ULDREN'S MUSEUM OF NAPLES, INC. THIS AGREEMENT, is made and entered into this 1st day of October, 2010, by and between the Children's Museum of Naples, Inc., a Florida not-for-profit corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY". WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Collier County Tourism Ordinance provides that certain of the revenues g~nerated by the Tourist Development Tax" are to' be allocated to acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote museums owned and operated by not-for-profit organizations and open to the public; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds for GRANTEE'S out of county marketing expenses; and WHEREAS, The Tourist Development Council has recommended funding for the GRANTEE'S out of market advertising and promotion expenditures; and WHEREAS, the Board of County Commissioners has made a finding that GRANTEE qualifies as a museum; and WHEREAS, The Collier County Board of County Commissioners has approved the funding request of the GRANTEE and the Chairman was authorized to execute the Tourism Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: (a) In accordance with the authorized expenditures as set forth in the Budget, attached hereto as Exhibit "F", the GRANTEE shall expend the funds for the promotion of GRANTEE'S Grand Opening (hereinafter "the Project"), to include, but not be limited to: Agenda Item No. 16F4 September 14, 2010 Page 5 of 73 (i) Advertising and promotional expenses in media and promotional literature distributed outside of Collier County to increase the number of overnight visitors to Collier County. 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of One Hundred Thousand Dollars ($100,000), GRANTEE shall be paid in accordance with the fiscal procedures of the County for the expenditures incurred as described in Paragraph One (1) herein upon submittal of a Request for Funds on the form attached hereto as Exhibit "D" and made a part hereof, and shall submit vendor invoices and copies of cancelled checks or other evidence of payment and performance 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 for 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. Agenda Item No. 16F4 September 14, 2010 Page 6 of 73 (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2010 and September 30, 2011. (c) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY's written request to repay said funds. (d) COUNTY may request repayment of funds for a period of up to three (3) years after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming the Collier County Board of Co uno/ Commissioners and th~ 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 REOUIREMENTS: (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. Agenda Item No. 16F4 September 14, 2010 Page 7 of 73 (b) GRANTEE shall provide to County a quarterly interim status report on the form attached hereto as Exhibit "B", (c) GRANTEE shall provide to County a final status report on the form attached hereto as Exhibit "e" 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. (1) COUNTY may withhold any interim or final payments for failure of GRANTEE to provide the interim status report or final status report until the County receives the interim status report or final status report or other report acceptable to the Executive Director of the CVB. (g) GRANTEE shall request that visitors to the the Children's Museum of Naples complete the visitor questionnaire attached to this Agreement as Exhibit "E". All completed visitor questionnaires shall be maintained in accordance with Section 13 of this Agreement. 6. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph One (I). (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. Agenda Item No. 16F4 September 14, 2010 Page 8 of 73 7. INDEMNIFICATION: GRANTEE shall indemnify and hold harmless Collier County, its agents, officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the GRANTEE or anyone employed or utilized by the GRANTEE in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. 8. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mai.l to the GRANTEE at the following address: Joe Cox, Executive Director Children's Museum of Naples, Inc. P,O. Box 2423 Naples, Florida 34106 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: Jack Wert, Executive Director Naples, Marco Island, Everglades CVB 2800 N, Horseshoe Drive Naples, Florida 34104 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9, NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE, or its vendors or subcontractors, as an agent or employee of the COUNTY. 10. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this Agreement and shall provide all information and documentation Agenda Item No. 16F4 September 14, 2010 Page 9 of 73 requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. 11. TERMINATION: (a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination specifying the effective date of termination. (b) If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the termination so long as such expenses are eligible. 12. -GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records. All revenue related to the Agreement must be recorded, and all expenditures must be incurred within the term of this Agreement. 13. AVAILABILITY OF FUNDS: This agreement is subject to the availability of Tourist Development Tax revenues. If for any reason tourist tax funds are not available to fund all or part of this agreement, the COUNTY may upon written notice, at any time during the term of this agreement, and at its sole discretion, reduce or eliminate funding under this agreement. 14. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement for a period of three (3) years. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any transactions related to this Agreement. Agenda Item No. 16F4 September 14, 2010 Page 10 of 73 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 I, 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. EV ALUA TION OF TOURISM IMP ACT: 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. REOUIRED 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. Agenda Item No. 16F4 September 14, 2010 Page 11 of 73 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 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W, COYLE, Chairman Approved as to form and legal sufficiency Assistant County Attorney ca 0/ WITNESSES: GRANTEE: (1) CHILDREN'S MUSEUM OF NAPLES, INC. Printedn'yped Name (2) BY: Printed/Typed Name Printedn'yped Name Printed/Typed Title Agenda Item No. 16F4 September 14, 2010 Page 12 of 73 EXHmIT "A" Collier County Tourist Development Council Preliminary Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: On an attached sheet. answer the followina Questions and attach it to your aDD/ication. 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, Agenda Item No. 16F4 September 14, 2010 Page 13 of 73 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 followinQ Questions to identify the status of the Droiect. Submit this reDort at least Quarterlv. 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 wi!! 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 TOC 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? Agenda Item No. 16F4 September 14, 2010 Page 14 of 73 EXHIBIT "c" Collier County Tourist Development Council Final Status Report EVENT NAME: REPORT DATE: ORGANIZ~TION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: ------------------------------------------------------------------- ------------------------------------------------------------------- On an attached sheet. answer the followlnQ Questions for each element In vour SCODe 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? Agenda Item No. 16F4 September 14, 2010 Page 15 of 73 EXHIBIT "0" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE ( REQUEST PERIOD FROM TO REQUEST # ( ) INTERIM REPORT ( ) FINAL REPORT TOTAL CONTRACT AMOUNT $ EXPENSE BUDGET REIMBURSEMENT REQUESTED TOTALS NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Copies of paid invoices, cancelled checks, tear sheets, printed samples or other backup Information to substantiate payment !!ll!!1 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 ohny 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 EXHIBIT "E" Naples @ Mirco Island ~ Everglades P.".,.gle.OOAaT- VISITOR QUESTIONNAIRE Agenda Item No. 16F4 September 14, 2010 Page 16 of 73 Welcome to the Paradise Coast SM. Thank you for choosing this area for your visit. Please take a few minutes to complete the following questions so that we can better serve the needs of future visitors to Florida's Last Paradise SM. PLEASE REFER TO OUR PARADISE COAST BROCHURES FOR THE LOCATION OF ALL AREA ATTRACTIONS. NAME: ADDRESS: DATE OF ARRIVAL: WHERE ARE YOU STAYING? NAME OF HOTEL AND CITY/AREA: NAME OF CONDOMINIUM/TIMESHARE: # OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY = HOW DID YOU SELECT THE HOTEL/CONDOMINIUM? INTERNET ( ) YOUR CHOICE ( ) OTHER: NUMBER OF MEALS YOU & YOUR GROUP WILL EAT OUT: Number of people In your party = _ Number of days of your visit = Number of meals eaten out each day = PLANNED AREA ACTIVITIES: (Please circle all that apply) ARTS & CULTURE WATER SPORTS NATURE von Liebig Art Center Beaches Everglades Tour Naples Museum of Art Naples Pier County Parks Sugden Theatre Shelling National Park Naples Philharmonic Fishing State Parks Art Galleries Boating Corkscrew Swamp Kayaking Conservancy of SW FL Lake Trafford Other HOTEL/RESORT CITY DATE OF DEPARTURE: FRIENDS/FAMILY ST ZIP CONDOMINIUM. TRAVEL AGENT ( ) Other Other SHOPPING AND DINING Fifth Avenue South Third Street South Waterside Shops Venetian Bay Bayfront Tin City Prime Outlets SIGHTSEEING Lunch/Dinner Cruise/ Sunset Cruise City Trolley Tour Everglades Tour Segway Tour Dolphin Cruise Other Other FAMILY ATTRACTIONS Naples Zoo Naples Botanical Garden Fun 'n Sun Water Park Swamp Buggy Race Mini Golf King Richard's Fun Park Other RElAXATION & ENTERTAINMENT Golf Spa Shelling Seminole Casino Lounges & Clubs Music Other Agenda Item No. 16F4 September 14, 2010 Page 17 of 73 EXHIBIT UF" Children's Museum of Naples, Inc. Project Budget Fundina - Not to Exceed Out of County Advertising and Marketing Expenses Related to the Grand Opening to include: Public Broa.dcast Campaign, Print and Radio Advertising Total: $100,000 Agenda Item No. 16F4 September 14, 2010 Page 18 of 73 2011 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND FRIENDS OF ROOKERY BA Y, INC. THIS AGREEMENT is made and entered into this 1st day of October, 2010, by and between the Friends of Rookery Bay, Inc. a Florida not-for-profit corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY". WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Collier County Tourism Ordinance provides that certain of the revenues .generated by the Tourist Development Tax are to be alJocated 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 MUTUALL Y AGREED AS FOLLOWS: 1, SCOPE OF WORK: (a) In accordance with the authorized expenditures as set forth in the Budget, attached hereto as Exhibit "F", the GRANTEE shall expend the funds for the promotion of GRANTEE'S marketing (hereinafter "the Project"), to include, but not be limited to: Agenda Item No. 16F4 September 14, 2010 Page 19 of 73 (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 Bure~u ("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 m Paragraph One (1) will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2010 and September 30, 2011. Agenda Item No. 16F4 September 14, 2010 Page 20 of 73 (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) CQUNTY 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 G~neral 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", Agenda Item No. 16F4 September 14, 2010 Page 21 of 73 (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. (1) 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 Agenda Item No. 16F4 September 14, 2010 Page 22 of 73 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 th.is Agreement and shall provide all infonnation and docwnentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. Agenda Item No. 16F4 September 14, 2010 Page 23 of 73 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. A V AILABILITY 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. Agenda Item No. 16F4 September 14, 2010 Page 24 of 73 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 completecJ 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. EV ALUA TION OF TOURISM IMP ACT: 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. REOUIRED 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. Agenda Item No. 16F4 September 14, 2010 Page 25 of 73 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 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman Approved as to form and legal sufficiency R:;:) ~ Assistant County Attorney WITNESSES: GRANTEE: (1) FRIENDS OF ROOKERY BAY, INC. Printed/Typed Name (2) BY: Printed/Typed Name Printed/Typed Name Printed/Typed Title Agenda Item No. 16F4 September 14, 2010 Page 26 of 73 EXHffiIT "A" Collier County Tourist Development Council Preliminary Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: On an attached sheet. answer the followina auestions and attach it to vour aDDlication. 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. -, Agenda Item No. 16F4 September 14, 2010 Page 27 of 73 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 followina auestions to identify the status of the Droiect. Submit this reDort at least auarterlv. 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? !f so, how many hotel room nights will be utilized? What is the total dollar amount to date of matching contributions? What is the status ofthe 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? Agenda Item No. 16F4 September 14, 2010 Page 28 of 73 EXHIBIT lie" Collier County Tourist Development Council Final Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: ------------------------------------------------------------------- ------------------------------------------------------------------- On an attached sheet. answer the followina auestions for each element in your SCODe 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? - Agenda Item No. 16F4 September 14, 2010 Page 29 of 73 EXHIBIT "0" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE ( REQUEST PERIOD FROM TO REQUEST # ( ) INTERIM REPORT ( ) FINAL REPORT TOTAL CONTRACT AMOUNT $ EXPENSE BUDGET REIMBURSEMENT REQUESTED TOTALS NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Copies of paid Invoices, cancelled checks, tear sheets, printed samples or other backup information to substantiate payment rnY.n 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 4S 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 Agenda Item No. 16F4 September 14, 2010 Page 30 of 73 EXHIBIT "E" Naples @ .Mi[co ~land ~~~ Everglades PAIIAo,a. COA-.T- VISITOR QUESTIONNAIRE Welcome to the Paradise Coast SM. Thank you for choosing this area for your visit. Please take a few minutes to complete the following questions so that we can better serve the needs of future visitors to Florida's last Paradise SM. PLEASE REFER TO OUR PARADISE COAST BROCHURES FOR THE LOCATION OF ALL AREA An-RACTIONS. NAME: ADDRESS: DATE OF ARRIVAL: WHERE ARE YOU STAYING? NAME OF HOTEL AND CITY/AREA: NAME OF CONDOMINIUM/TIMESHARE: # OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY = HOW DID YOU SELECT THE HOTEL/CONDOMINIUM? INTERNET ( ) YOUR CHOICE ( ) 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 van 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 Kayaking Conservancy of SW FL Lake Trafford Other HOTEL/RESORT CITY DATE OF DEPARTURE: FRIENDS/FAMILY ST ZIP CONDOMINIUM TRAVEL AGENT ( ) Other FAMILY ATTRACTIONS Naples Zoo Naples Botanical Garden Fun 'n Sun Water Park Swamp Buggy Race Mini Golf King Richard's Fun Park Other Other SHOPPING AND DINING Fifth Avenue South Third Street South Waterside Shops Venetian Bay Bayfront TIn City Prime Outlets SIGHTSEEING Lunch/Dinner Cruise/ Sunset Cruise City Trolley Tour Everglades Tour Segway Tour Dolphin Cruise Other RELAXATION & ENTERTAINMENT Golf Spa Shelling Seminole Casino Lounges & Clubs Music Other Other - Agenda Item No. 16F4 September 14, 2010 Page 31 of 73 EXHIBIT "F" Friends of Rookery Bay Project Budget Fundina - Not to Exceed Video/PSA Production and Distribution Out of County Print, Online and Broadcast Media for Major Events Website Enhancement Project Total: $50,000 Agenda Item No. 16F4 September 14, 2010 Page 32 of 73 2011 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE SOUTHWEST FLORIDA HOLOCAUST MUSEUM, INC. d/b/a HOLOCAUST MUSEUM OF SOUTHWEST FLORIDA THIS AGREEMENT is made and entered into this 1st day of October, 2010, by and between the Southwest Florida Holocaust Museum, Inc. d/b/a Holocaust Museum of Southwest Florida, a Florida not-for-profit corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY". WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Collier County Tourism Ordinance provides that certain of the revenues generated by the Tourist Development Tax are to be allocated to acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote museums owned and operated by not-for-profit organizations and open to the public; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds for GRANTEE'S out of county marketing expenses; and WHEREAS, The Tourist Development Council has recommended funding for GRANTEE'S out of county advertising and promotional expenditures to promote visitation to the museum; and WHEREAS, the Board of County Commissioners has made a finding that GRANTEE qualifies as a museum; and WHEREAS, The Collier County Board of County Commissioners has approved the funding request of the GRANTEE and the Chairman was authorized to execute the Tourism Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: Agenda Item No. 16F4 September 14,2010 Page 33 of 73 (a) In accordance with the authorized expenditures as set forth in the Budget, attached hereto as Exhibit 'IF", the GRANTEE shall expend the funds for the promotion of GRANTEE'S marketing (hereinafter "the Project"), to include, but not be limited to: (i) Advertising and promotional expenses in media and promotional literature distributed outside of Collier County to increase the number of overnight visitors to Collier County. 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Thirty-Two Thousand and Five Hundred ,Dollars ($32,500). GRANTEE shall be paid in accordance with the fiscal procedures of the County for the expenditures incurred as described in Paragraph One (1) herein upon submittal of a Request for Funds on the form attached hereto as Exhibit "D" and made a part hereof, and shall submit vendor invoices 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". (1) All requests for reimbursement must be received by September 30, 2011 to be eligible for payment. 3. ELIGIBLE EXPENDITURES: Agenda Item No. 16F4 September 14, 2010 Page 34 of 73 Only eligible expenditures described in Paragraph One (1) will be paid by (a) COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2010 and September 30,2011. (c) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY's written request to repay said funds. (d) COUNTY may request repayment of funds for a period of up to three (3) years after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming the Collier County Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY - Statutory (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 REOUIREMENTS: Agenda Item No. 16F4 September 14, 2010 Page 35 of 73 (a) GRANTEE shall provide to County a preliminary status report on the fonn 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". (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 the Holocaust Museum of Southwest Florida compl~te 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. __n, I Agenda Item No. 16F4 September 14, 2010 Page 36 of 73 7. INDEMNIFICATION: GRANTEE shall indemnify and hold harmless Collier County, its agents. officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees. to the extent caused by the negligence. recklessness. or intentionally wrongful conduct of the GRANTEE or anyone employed or utilized by the GRANTEE in the' performance of this Agreement. This indemnification obligation shall not be construed to negate. abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. 8. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Alex Vance, Executive Director Holocaust Museum of Southwest Florida 4760 Tamiami Trail North, Suite 7 Naples, Florida 34103 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: Jack Wert, Executive Director Naples, Marco Island, Everglades CVB 2800 N. Horseshoe Drive Naples, Florida 34104 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 Agenda Item No. 16F4 September 14, 2010 Page 37 of 73 requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. 11. TERMINATION: (a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination specifying the effective date of termination. (b) If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the termination so long as such expenses are . eligible. 12. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records. All revenue related to the Agreement must be recorded, and all expenditures must be incurred within the term of this Agreement. 13. AVAILABILITY OF FUNDS: This agreement is subject to the availability of Tourist Development Tax revenues. If for any reason tourist tax funds are not available to fund all or part of this agreement, the COUNTY may upon written notice, at any time during the term of this agreement, and at its sole discretion, reduce or eliminate funding under this agreement. 14. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement for a period of three (3) years. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any transactions related to this Agreement. Agenda Item No. 16F4 September 14, 2010 Page 38 of 73 15. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 16. TERM: This Agreement shall become effective on October 1, 2010 and shall remain effective for one year until 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. REOUlRED 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 web site 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. Agenda Item No. 16F4 September 14, 2010 Page 39 of 73 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 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman Approved as to form and legal sufficiency Assistant County Attorney WITNESSES: ~~ GRANTEE: (1) SOUTHWEST FLORIDA HOLOCAUST MUSEUM, INC. d/b/a HOLOCAUST MUSEUM OF SOUTHWEST FLORIDA Printed/Typed Name (2) BY: Printed/Typed Name Printed/Typed Name Printed/Typed Title Agenda Item No. 16F4 September 14, 2010 Page 40 of 73 EXHIBIT "A" Collier County Tourist Development Council Preliminary Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: On an attached sheet. answer the follow/nQ Questions and attach /t to your aDDlicat/on. 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. Agenda Item No. 16F4 September 14, 2010 Page 41 of73 EXHmIT "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 followina auestions to identify the status of the oroiect. Submit this reoort at least auarterlv. 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? Agenda Item No. 16F4 September 14, 2010 Page 42 of 73 EXHIBIT "c" Collier County Tourist Development Council Final Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: ------------------------------------------------------------------- ------------------------------------------------------------------- On an attached sheet, answer the 'ollowina auestions 'or each element in your SCODe 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? Agenda Item No. 16F4 September 14, 2010 Page 43 of 73 EXHIBIT "0" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCil EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE ( REQUEST PERIOD FROM TO REQUEST # ( ) INTERIM REPORT ( ) FINAL REPORT TOTAL CONTRACT AMOUNT $ EXPENSE BUDGET REIMBURSEMENT REQUESTED TOTALS NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Copies of paid Invoices, cancelled checks, tear sheets, printed samples or other backup information to substantiate payment must accompany request for funds. The following will not be accepted for payments: statements in place of Invoices; checks or Invoices not dated; tear sheets without date, company or organizations name. A tear sheet Is required for each ad for each day or month of publication. A proof of an ad will not be accepted. Each additional request for payment subsequent to the first request, Grantee Is required to submit verification in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. If project budget has specific categories with set dollar limits, the Grantee is required to indude 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 Agenda Item No. 16F4 September 14, 2010 Page 44 of 73 EXHIBIT "E" Naples (i Marco Island ~ Everglades ~A"ADI... COAaT- VISITOR QUESTIONNAIRE Welcome to the Paradise Coast SM. Thank you for choosing this area for your visit. Please take a few minutes to complete the following questions so that we can better serve the needs of future visitors to Florida's Last Paradise SM. PLEASE REFER TO OUR PARADISE COAST BROCHURES FOR THE LOCATION OF ALL AREA ATTRACTIONS. NAME: ADDRESS: DATE OF ARRIVAL: WHERE ARE YOU STAYING? NAME OF HOTEL AND CITY/AREA: NAME OF CONDOMINIUM/TIMESHARE: " OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAVING IN COLLIER COUNTY = HOW DID YOU SELECT THE HOTEL/CONDOMINIUM? INTERNET ( ) YOUR CHOICE ( ) OTHER: NUMBER OF MEALS YOU & YOUR GROUP WILL EAT OUT: Number of people in your party = _ Number of days of your visit = Number of meals eaten out each day = PLANNED AREA ACTIVITIES: (Please circle all that apply) ARTS & CULTURE WATER SPORTS NATURE von Liebig Art Center Beaches Everglades Tour Naples Museum of Art Naples Pier County Parks Sugden Theatre Shelling National Park Naples Philharmonic Fishing State Parks Art Galleries Boating Corkscrew Swamp Kayaking Conservancy of SW FL Lake Trafford Other HOTEL/RESORT CITY DATE OF DEPARTURE: FRIENDS/FAMIL V ST ZIP CONDOMINIUM TRAVEL AGENT ( ) Other Other FAMILY ATTRACTIONS Naples Zoo Naples Botanical Garden Fun 'n Sun Water Park Swamp Buggy Race Mini Golf King Richard's Fun Park Other RELAXATION & ENTERTAINMENT Golf Spa Shelling Seminole Casino Lounges & Clubs Music SHOPPING AND DINING Fifth Avenue South Third Street South Waterside Shops Venetian Bay Bayfront Tin City Prime Outlets SIGHTSEEING Lunch/Dinner Cruise/ Sunset Cruise City Trolley Tour Everglades Tour Segway Tour Dolphin Cruise Other Other Other - Agenda Item No. 16F4 September 14, 2010 Page 45 of 73 EXHIBIT "F" Holocaust Museum of Southwest Florida Project Budget Fundina - Not to Exceed Out of County Advertising and Marketing Expenses to include: PBS TV and Radio, Journals and Online Ads Total: $32,500 Agenda Item No. 16F4 September 14, 2010 Page 46 of 73 2011 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES ART ASSOCIATION, INC. THIS AGREEMENT, is made and entered into this 1st day of October, 2010, by and between Naples Art Association, Inc. a Florida not-for-profit corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY". WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Collier County Tourism Ordinance provides that certain of the revenues generated by the Tourist Development Tax are to be allocated to acquire;-construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote museums owned and operated by not-for-profit organizations and open,to the public; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds for GRANTEE'S marketing expenses to promote exhibits and festivals to attract visitors and enhance the quality of life for area residents; and WHEREAS, The Tourist Development Council has recommended funding for GRANTEE'Sout of market advertising expenditures for the promotion of major off-season upcoming exhibitions, festivals and special events to attract visitors; and WHEREAS, the Board of County Commissioners has made a finding that GRANTEE qualifies as a museum; and WHEREAS, The Collier County Board of County Commissioners has approved the funding request of the GRANTEE and the Chairman was authorized to execute the Tourism Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS; Agenda Item No. 16F4 September 14, 2010 Page 47 of 73 1. SCOPE OF WORK: (a) In accordance with the authorized expenditures as set forth in the Budget, attached hereto as Exhibit "F", the GRANTEE shall expend the funds for the promotion of GRANTEE'S marketing (hereinafter "the Project"), to include, but not be limited to: (i) Advertising and promotional expenses in media outside of Collier County to increase the number of overnight visitors to Collier County. 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Thirty-Seven Thousand and Five Hundred Dollars ($37,590), GRANTEE shall be paid in accordance with the fiscal procedures of tbe 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 and performance 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[sJ. (c) All expenditures shall be made in conformity with this Agreement. Cd) 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. Agenda Item No. 16F4 September 14, 2010 Page 48 of 73 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. (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. Agenda Item No. 16F4 September 14, 2010 Page 49 of 73 5, REPORTING REOUIREMENTS: (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". (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 vendo~s and subcontractors. - (f) COUNTY may withhold any interim or final payments for failure of GRANTEE to provide the interim status report or final status report until the County receives the interim status report or final status report or other report acceptable to the Executive Director of the CVB. (g) GRANTEE shall request that visitors to The von Liebig Art Center complete the visitor questionnaire attached to this Agreement as Exhibit "E". All completed visitor questionnaires shall be maintained in accordance with Section 13 of this Agreement. 6. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph One (1). Cb) 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, Cd) 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. Agenda Item No. 16F4 September 14, 2010 Page 50 of 73 7. INDEMNIFICATION: GRANTEE shall indemnify and hold harmless Collier County, its agents, officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the GRANTEE or anyone employed or utilized by the GRANTEE in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. 8. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed du1y served if mailed by registered or certified mail to the GRANTEE at the following address: Joel Kessler, Executive Director/CEO The von Liebig Art Center 585 Park Street Naples, Florida 34102 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: Jack Wert, 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 Agenda Item No. 16F4 September 14, 2010 Page 51 of 73 requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. 11. TERMINATION: (a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination specifying the effective date of termination. (b) If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the termination so long as such expenses are eligible. 12, GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records. All revenue related to the Agreement must be recorded, and all expenditures must be incurred within the term of this Agreement. 13. AVAILABILITY OF FUNDS: This agreement is subject to the availability of Tourist Development Tax revenues. If for any reason tourist tax funds are not available to fund all or part of this agreement, the COUNTY may upon written notice, at any time during the term of this agreement, and at its sole discretion, reduce or eliminate funding under this agreement. 14. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement for a period of three (3) years. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any transactions related to this Agreement. Agenda Item No. 16F4 September 14,2010 Page 52 of 73 15. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 16. TERM: This Agreement shall become effective on October 1, 2010 and shall remain effective for one year until 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. REOUIRED 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, Agenda Item No. 16F4 September 14,2010 Page 53 of 73 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 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORlDA By: FRED COYLE, Chairman Approved as to form and legal sufficiency Assistant County Attorney WITNESSES: .;) ~;Qj GRANTEE: (I) NAPLES ART ASSOCIATION, INC. Printed/Typed Name (2) BY: . Printed/Typed Name Printed/Typed Name Printed/Typed Title Agenda Item No. 16F4 September 14, 2010 Page 54 of 73 EXHffiIT "A" Collier County Tourist Development Council Preliminary Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: On an attached sheet. answer the followina auestions and attach it to vour aDDlication. 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. - Agenda Item No. 16F4 September 14, 2010 Page 55 of 73 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 followinQ Questions to identifv the status of the Droiect. Submit this reDort at least Quarterlv. 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? Agenda Item No. 16F4 September 14, 2010 Page 56 of 73 EXHIBIT lie" Collier County Tourist Development Council Final Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: ------------------------------------------------------------------- ------------------------------------------------------------------- On an attached sheet. answer the followina auestions for each element in your SCODe 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? - Agenda Item No. 16F4 September 14, 2010 Page 57 of 73 EXHIBIT "0" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE ( REQUEST PERIOD FROM TO REQUEST # ( ) INTERIM REPORT ( ) FINAL REPORT TOTAL CONTRACT AMOUNT $ EXPENSE BUDGET REIMBURSEMENT REQUESTED TOTALS NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Copies of paid invoices, cancelled checks, tear sheets, printed samples or other backup information to substantiate payment must accompany request for funds. The following will not be accepted for payments: statements in place of invoices; checks or invoices not dated; tear sheets without date, company or organizations name. A tear sheet is required for each ad for each day or month of publication. A proof of an ad will not be accepted. Each additional request for payment subsequent to the first request, Grantee is required to submit verification in writing that ail 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 EXHIBIT "E" Naples (i Marco Island ~~ Everglades ...."AD'.e COAIT- VISITOR QUESTIONNAIRE Agenda Item No. 16F4 September 14, 2010 Page 58 of 73 Welcome to the Paradise Coast SM. Thank you for choosing this area for your visit. Please take a few minutes to complete the following questions so that we can better serve the needs of future visitors to Florida's Last Paradise SM. PLEASE REFER TO OUR PARADISE COAST BROCHURES FOR THE LOCATION OF ALL AREA ATTRACTIONS. NAME: ADDRESS: DATE OF ARRIVAL: WHERE ARE YOU STAYING? NAME OF HOTEL AND CITY/AREA: NAME OF CONDOMINIUM/TIMESHARE: # OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY = HOW DID YOU SELECT THE HOTEL/CONDOMINIUM? INTERNET ( ) YOUR CHOICE ( ) OTHER: NUMBER OF MEALS YOU & YOUR GROUP WILL EAT OUT: Number of people in your party = _ Number of days of your visit = Number of meals eaten out each day = PLANNED AREA ACTIVITIES: (Please circle all that apply) ARTS & CULTURE WATER SPORTS NATURE von Liebig Art Center Beaches Everglades Tour Naples Museum of Art Naples Pier County Parks Sugden Theatre Shelling National Park Naples Philharmonic Fishing State Parks Art Galleries Boating Corkscrew Swamp Kayaking Conservancy of SW FL Lake Trafford Other HOTEL/RESORT CITY DATE OF DEPARTURE: FRIENDS/FAMILY ST ZIP CONDOMINIUM TRAVEL AGENT ( Other Other SHOPPING AND DINING Fifth Avenue South Third Street South Waterside Shops Venetian Bay Bayfront Tin City Prime Outlets SIGHTSEEING Lunch/Dinner Cruise/ Sunset Cruise City Trolley Tour Everglades Tour Segway Tour Dolphin Cruise Other Other FAMILY ATTRACTIONS Naples Zoo Naples Botanical Garden Fun 'n Sun Water Park Swamp Buggy Race Mini Golf King Richard's Fun Park Other RELAXATION & ENTERTAINMENT Golf Spa Shelling Seminole Casino Lounges & Clubs Music Other Agenda Item No. 16F4 September 14, 2010 Page 59 of 73 EXHIBIT "F" The yon Liebig Art Center Project Budget Fundina - Not to Exceed Out of County Advertising and Marketing Expenses to include: Off Season Major Festival and Event Advertising, Print and Mailings Total: $37,500 Agenda Item No. 16F4 September 14, 2010 Page 60 of 73 2011 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES BOTANICAL GARDEN, INC. THIS AGREEMENT, is made and entered into this 1st day of October, 2010, by and between Naples Botanical Garden, Inc., a Florida not-for-profit corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY". WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Collier County Tourism Ordinance provides that certain of the revenues generated by the Tourist Development Tax are to be allocated to acquire, construct, extend, enlarg~, 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 expenditures; and WHEREAS, the Board of County Commissioners has made a finding that GRANTEE qualifies as a museum; and WHEREAS, The Collier County Board of County Commissioners has approved the funding request of the GRANTEE and the Chairman was authorized to execute the Tourism Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK.: (a) In accordance with the authorized expenditures as set forth in the Budget, attached hereto as Exhibit "F", the GRANTEE shall expend the funds for the promotion of GRANTEE'S marketing (hereinafter "the Project"), to include, but not be limited to: - Agenda Item No. 16F4 September 14, 2010 Page 61 of 73 (i) Advertising and promotional expenses in media and literature distribution outside of Collier County to increase the number of overnight visitors to Collier County. 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Seventy-Five Thousand Dollars ($75,000). GRANTEE shall be paid in accordance with the fiscal procedures of the County for the expenditures incurred as described in Paragraph One (1) herein upon submittal of a Request for Funds on the form attached hereto as Exhibit "D" and made a part hereof, and shall submit vendor invoices and copies of cancelled checks or other evidence of payment and performance 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 total amount for any line item nor 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. Agenda Item No. 16F4 September 14, 2010 Page 62 of 73 (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". - Agenda Item No. 16F4 September 14, 2010 Page 63 of 73 (c) GRANTEE shall provide to County a final status report on the form attached hereto as Exhibit "e" 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 the Naples Botanical Gardens complete the visitor questionnaire attached to this Agreement as Exhibit "E", All completed visitor questionnaires shall be maintained in accordance with Section 13 of this Agreement. 6, CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph One (1). (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. (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 Agenda Item No. 16F4 September 14, 2010 Page 64 of 73 by the GRANTEE in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. 8. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Brian Holley, Executive Director Naples Botanical Garden 4820 Bayshore Drive Naples, Florida 34112 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: Jack Wert, Executive Director Naples, Marco Island, Everglades CVB 2800 N. Horseshoe Drive Naples, Florida 34104 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 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 wid shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. Agenda Item No. 16F4 September 14, 2010 Page 65 of 73 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 mus~ 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. A V AILABILITY 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. Agenda Item No. 16F4 September 14, 2010 Page 66 of 73 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 (I) 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, REOUIRED 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, Agenda Item No. 16F4 September 14, 2010 Page 67 of 73 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 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman Approved as to form and legal sufficiency fa? ~ Assistant County Attorney WITNESSES: GRANTEE: (1) NAPLES BOTANICAL GARDEN, INe. Printed/Typed Name (2) BY: Printed/Typed Name Printed/Typed Name Printed/Typed Title Agenda Item No. 16F4 September 14, 2010 Page 68 of 73 EXHIBIT" A" Collier County Tourist Development Council Preliminary Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: On an attached sheet. answer the followina auestions and attach it to vour aoolication. 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. - Agenda Item No. 16F4 September 14,2010 Page 69 of 73 EXHIBIT "B" Collier County Tourist Development Council Interim Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: T!TLE: ADDRESS: PHONE: FAX: On an attached sheet. answer the followina auestions to identifv the status of the Drolect. Submit this reDort at least auarterlv. 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 TOC 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? Agenda Item No. 16F4 September 14, 2010 Page 70 of 73 EXHIBIT "e" Collier County Tourist Development Council Final Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: ------------------------------------------------------------------- ------------------------------------------------------------------- On an attached sheet. answer the followina auestions for each element in "our SCODe 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? Agenda Item No. 16F4 September 14, 2010 Page 71 of 73 EXHIBIT "0" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAM E ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE ( REQUEST PERIOD FROM TO REQUEST # ( ) INTERIM REPORT ( ) FINAL REPORT TOTAL CONTRACT AMOUNT $ EXPENSE BUDGET REIMBURSEMENT REQUESTED TOTALS NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined In your application. Copies of paid Invoices, cancelled checks, tear sheets, printed samples or other backup Information to substantiate payment !!!.Y.n 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 EXHIBIT "E" Naples @ Mir.co .!!land ~~ Everglades PAfl"orl. COAST", VISITOR QUESTIONNAIRE Agenda Item No. 16F4 September 14, 2010 Page 72 of 73 Welcome to the Paradise Coast SM. Thank you for choosing this area for your visit. Please take a few minutes to complete the following questions so that we can better serve the needs of future visitors to Florida's Last Paradise SM. PLEASE REFER TO OUR PARADISE COAST BROCHURES FOR THE LOCATION OF ALL AREA ATTRACTIONS. NAME: ADDRESS: DATE OF ARRIVAL: WHERE ARE YOU STAYING? NAME OF HOTEL AND CITY/AREA: NAME OF CONDOMINIUM/TIMESHARE: #OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAVING IN COLLIER COUNTY = HOW DID YOU SELECT THE HOTEL/CONDOMINIUM? INTERNET ( ) YOUR CHOICE ( ) OTHER: NUMBER OF MEALS YOU & YOUR GROUP WILL EAT OUT: Number of people in your party = _ Number of days of your visit = Number of meals eaten out each day = PLANNED AREA ACTIVITIES: (Please circle all that apply) ARTS & CULTURE WATER SPORTS NATURE von liebig Art Center Beaches Everglades Tour Naples Museum of Art Naples Pier County Parks Sugden Theatre Shelling National Park Naples Philharmonic Fishing State Parks Art Galleries Boating Corkscrew Swamp Kayaking Conservancy of SW FL Lake Trafford Other HOTEL/RESORT CITY DATE OF DEPARTURE: FRIENDS/fAMIL V ST ZIP CONDOMINIUM TRAVEL AGENT ( Other Other SHOPPING AND DINING Fifth Avenue South Third Street South Waterside Shops Venetian Bay Bayfront Tin City Prime Outlets SIGHTSEEING Lunch/Dinner Cruise/ Sunset Cruise City Trolley Tour Everglades Tour Segway Tour Dolphin Cruise Other Other FAMILY ATTRACTIONS Naples Zoo Naples Botanical Garden Fun 'n Sun Water Park Swamp Buggy Race Mini Golf King Richard's Fun Park Other RELAXATION & ENTERTAINMENT Golf Spa Shelling Seminole Casino Lounges & Clubs Music Other Agenda Item No. 16F4 September 14, 2010 Page 73 of 73 EXHIBIT "F" Naples Botanical Garden Project Budget Fundina - Not to Exceed Out of County Advertising and Marketing Expenses to include: On!ine Marketing and Regional Advertising Total: $75,000 From: Sent: To: Subject: Attachments: brock_m [MaryBrock@colliergov.net] Monday, September 13, 20104:22 PM Ann P. Jennejohn; Patricia L. Morgan FW: Add/Change BCC 9/14/10 - ITEM 16 F 4 Item 16F4 Rookery Bay Exhibit F.pdf .:Qfwt*1llEL Ann P. Jennejohn Hello Minutes and Records! Revision to back up to Item 16F4 for tomorrow. Thanks, have a good night. MJ From: whitejennifer Sent: Monday, September 13, 2010 4:17 PM To: brock_m Subject: Add/Change BCC 9/14/10 - ITEM 16 F 4 Mary Jo, As discussed, here is the add/change language for item] 6 FA.: ]6F4 Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign five (5) FY ]] Tourist Development Tax Category C-2 Grant Agreements totaling $295,000 subjeet to funding availability. The second agreement made part of the back-up to this item is entitled 20] ] Tourism Agreement Between Collier County and Friends of Rookery Bay, Inc. Exhibit "F" of that agreement is replaced with an Exhibit "F" that now contains an itemized list of the Project Expenses. The amount to be paid under the Agreement has not changed. ] will contact Ian by separate e-mail. Thank you, Jennifer l)-Il1iJii uCidmss(:$ iJi''') reCOI-(:,; ""!,/;trnn;,~ ,n;;:' '0 [!;is entity instead, UAil,Kt P,i:i oifit\ e. Tli! ;:vjdr(,i\:; ITicaHJJ ir: res;>>"--' '-'-'u)(d:', ref] 'Hi! 1 EXHIBIT "F" Friends of Rookery Bay Project Budget PROJECT EXPENSES: ~ Intended Utilization of Tourist Tax Funds Provide an itemized summary indicating the intended use ofTDC funds. Please be as explicit as possible. includinl! intended publications. promotional materials, etc. and how much money will be expended for each catel!orv. Use additional 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 Batfish Costume (Quote from Leyenda Productions) Constant Contact e-communications service annual fee Greater Naples Chamber of Commerce map listing VisitPlorida Small Business Partner membership Total Tourism Funds Utilized $20,000 $15,000 $10,000 $2,000 $1 ,500 $500 $500 $500 $50,000