Loading...
Backup Documents 12/14/2010 Item #16F 3MEMORANDUM 16F3 Date: December 28, 2010 To: Lyn Wood, Contract Specialist Purchasing Department From: Teresa Polaski, Deputy Clerk Minutes and Records Department Re: Contract #09 -5321 `2010 Tourism Agreement between Collier County and the Marco Island Historical Society" Amendment #1 Attached one original contract, referenced above (Item #16F3) approved by the Board of County Commissioners on December 14, 2010. An original has been kept by the Minutes and Records Department to be kept as part of the Boards Official Records. If you should have any questions please contact me at 252 -8411. Thank you. mom ITEM NO.: r r — J l!� DATE RECEIVED FILE NO.: 16F 3 - t Purchasing Department 3327 Tamiami Trail East Naples, Florida 341122BII Lr,,t 17 AM 11: 48 Telephone: (239) 252 -2667 l FAX: (239) 252-6593 Email: lynwood @colliergov.net d t �1 L www.colliergov.ne 1" .,Y'7. ROUTED TO: ��,`� l2� 22 DO NOT WRITE ABOVE THIS LINE Request for Legal Services Date: December 16, 2010 To: Jeff Klatzkow County Attorney From: Lyn M Wood �. Contract Specialist Re: 09 -5321 – 2010 Tourism Agreement between Collier county and the Marco Island Historical Society – Amendment 1 Contractor: Marco Island Historical Society BACKGROUND OF REQUEST: This amendment was approved by the BCC on December 14, 2010, agenda item 16F3 This item has not been previously submitted. ACTION REQUESTED: Amendment review and approval. OTHER COMMENTS: J (� �x Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me at the telephone number or email address above. Purchasing would appreciate notification when the documents exit your office. /Ij G/ Acquisitions/ TechFormsandLetters /MemotoRequestLegalServices Revised: 4/16!/10 16F3 EXHIBIT A -1 Contract Amendment 1 "2010 Tourism Agreement Between Collier County and the Marco Island Historical Society, Inc." This amendment, dated 2010 to the referenced agreement shall be by and between the parties to the original Agreement, Marco Island Historical Society, Inc. (to be referred to as "Grantee ") and Collier County, Florida, (to be referred to as "Owner "). Statement of Understanding RE: Contract # 09 -5321 - "2010 Tourism Agreement Between Collier County and the Marco Island Historical Society, Inc." In order to continue the services provided for in the original Contract document referenced above, the Grantee agrees to amend the above referenced Contract as per the Supplemental Authorization Exhibit "A1 -A" attached to this Amendment and incorporated herein by reference. Approval of this Amendment will extend the Agreement for one (1) additional year beyond the date specified in Paragraph 15, Term. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. Accepted: 2010 GRANTEE: Marco Island Historical Society, Inc. --ice (4r IS s ATT D' 1, E,,' ..F3r ck (C Approved as to form and L,e T S f1Cle1 Cy' ant County Attorney OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Jack Wert, Project Manager CONTRACT SPECiALiST By Lyn M. ood OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: "Iu� bi. Chairman 16F genda Item No. 16F3 December 14, 2010 Page 4 of 16 EXHIBIT A 2010 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE MARCO ISLAND HISTORICAL SOCIETY, INC. THIS AGREEMENT is made and entered into this 29th day of September, 2009, by and between the Marco Island Historical Society, 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 Plan 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 ITourist Development Tax funds te-for eenetFuet design and management services with regard to displays and exhibits for the Museum; and WHEREAS, the Tourist Development Council has recommended the funding for the design and management services with regard to and eenstF ,.a displa sy and exhibits for the museum which will be open for the community to use for local programs; 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 design and management 09 -5321 Marco Island Historical Society, Inc. 'A§nfitlo. 16F3 December 14, 2010 Page 5 of 16 services with regard to and eenstfaegen e displays and exhibits (hereinafter "the Project "), to be housed in the Museum complex. 2. PAYMENT: (a) The maximum 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 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 line item 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 ". The amounts applicable to the various line items of Exhibit "F ", subject to the maximum total amount, may be increased or decreased by up to ten percent (10 %) at the discretion of GRANTEE. Adjustment in excess of ten percent (10 %) of any line item may be authorized by the County Manager or his designee. (f) All requests for reimbursement must be received prior to September 30, 2010 to be eligible for payment. 09 -5321 2 Marco Island Historical Society, Inc. Agenda Item Oo. F6F3 9 December 14, 2010 Page 6 of 16 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, 2009 and September 30, 2010. (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 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 the executed Agreement. 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 ". 09 -5321 3 Marco Island Historical Society, Inc. Agenda Itemlo.0 December 14, 2010 Page 7 of 16 (c) GRANTEE shall provide to County a final status report on the form attached hereto as Exhibit "C" no later than October 31, 2010. (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 Marco Island Historical Society, Inc. 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 by the GRANTEE in the performance of this Agreement. This indemnification obligation shall 09 -5321 4 Marco Island Historical Society, Inc. 16F3 Agenda itsm No. '16F3 December 14, 2010 Page 8 of 16 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: Darcie Guerin, President Marco Island Historical Society, Inc. 168 Royal Palm Drive Marco Island, FL 34145 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, FL 34104 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE, or its vendors or subcontractors, as an agent or employee of the COUNTY. 10. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this Agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. 11. TERMINATION: (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. 09 -5321 5 Marco Island Historical Society, Inc. 16F�Agenda Item No. 16 December 14, 2010 Page 9 of 16 (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 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. 14. 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. 15. TERM: This Agreement shall become effective on October 1, 2009 and shall remain effective for one year until September 30, 2010. 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. 16. 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 one (1) year. 17. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Executive Director of the CVB or his designee, along with a final budget analysis by October 31, 2010. 09 -5321 6 Marco Island Historical Society, Inc. Age faf"o. F3 . December 12010 Page 10 of 16 18. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County and the Tourist Development Council as a source of funding and display the CVB Logo with website address to qualify for reimbursement. 19. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. 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:';$K;. Clerk Approyi'as to �4+ 1 d #e A Assistant County Attorney Sea-rr T " WI SSES: Print; Typed Name (2) Aa�w ' lrbz* be� 6&"'n J1 rW1"' ;1 Printed/Typed Name 09 -5321 Marco Island Historical Society, Inc. BOARD OF C TY COMMS IONERS COLLIER C TY, FLORIDA By: DONNA FULA, Chairman GRANTEE: MARCO ISLAND HISTORICAL SOCIETY, INC. BY: Printed/Typed Name Printed/Typed Title 7 16F Agenda Item No. 10'F3 December 14, 2010 Page 11 of 16 EXHIBIT "A" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Preliminary Status Report TITLE: FAX: On an attached sheet, answer the fo/lowing questions and attach it to your application. 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. 09 -5321 g Marco Island Historical Society, Inc. Agenda Item No. "16F December 14, 2010 Page 12 of 16 EXHIBIT "B" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Interim Status Report TITLE: M On an attached sheet answer the following questions to identify the status of the project. Submit this report at least quarterly. INTERIM — These questions will identify the current status of the project. After the TDC staff reviews this Interim Status Report, if they feel you are behind schedule on the planning stages, they will make recommendations to help get the project stay on schedule. Has the planning of this project started? At what point are you at with the planning stage for this project? (Percent of completion) Will any hotels /motels be utilized to support this project? If so, how many hotel room nights will be utilized? What is the total dollar amount to date of matching contributions? What is the status of the advertising and promotion for this project? Have your submitted any advertisements or printed pieces to the TDC staff for approval? Please supply a sample and indicate the ad schedule. How has the public interest for this project been up to this point? 09 -5321 g Marco Island Historical Society, Inc. 16F3 Agenda Item No. 16F3 December 14, 2010 Page 13 of 16 EXHIBIT "C" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Final Status Report TITLE: FAX: On an attached sheet,- answer the following questions for each element in your scope of work. Final — These questions should be answered for your final status report. Was this a first time project? If not, how many times has this event taken place? What 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? 09 -5321 10 Marco Island Historical Society, Inc. 16f63Agenda Item N December 14, 2010 Page 14 of 16 EXHIBIT "D" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE ( ) REQUEST PERIOD REQUEST# ( ) INTERIM REPORT FROM TO ( ) 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 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 09 -5321 11 Marco Island Historical Society, Inc. Agent I�f. 1 3 Decem a 14, i10 Page 15 of 16 EXHIBIT "E" Naples Marc�isv= Everglades PARAOIBE COABT' 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: CITY ST ZIP DATE OF ARRIVAL: DATE OF DEPARTURE: WHERE ARE YOU HOTEL /RESORT FRIENDS /FAMILY CONDOMINIUM STAYING? NAME OF HOTEL AND CITY /AREA: NAME OF CONDOMINIU MITI MESHARE: # OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY = HOW DID YOU SELECT THE HOTEL/CONDOMINIUM? INTERNET ( ) YOUR CHOICE ( } TRAVEL AGENT ( ) OTHER: NUMBER OF MEALS YOU & YOUR GROUP WILL EAT OUT: Number of people in your party = Number of days of your visit = Number of meals eaten out each day = PLANNED AREA ACTIVITIES: (Please circle all that apply) ARTS & CULTURE WATER SPORTS NATURE FAMILY ATTRACTIONS von Liebig Art Center Beaches Everglades Tour Naples Zoo Naples Museum of Art Naples Pier County Parks Naples Botanical Garden Sugden Theatre Shelling National Park Fun 'n Sun Water Park Naples Philharmonic Fishing State Parks Swamp Buggy Race Art Galleries Boating Corkscrew Swamp Mini Golf Other Kayaking Conservancy of SW King Richard's Fun Park _ Other FL Other Lake Trafford Other SHOPPING AND DINING SIGHTSEEING RELAXATION & Fifth Avenue South Lunch /Dinner Cruise/ ENTERTAINMENT Third Street South Sunset Cruise Golf Waterside Shops City Trolley Tour Spa Venetian Bay Everglades Tour Shelling Bayfront Segway Tour Seminole Casino Tin City Dolphin Cruise Lounges & Clubs Prime Outlets Other Music Other Other 09 -5321 12 Marco Island Historical Society, Inc. Agenda Itq� �,, 1 3 December 20 10 Page 16 of 16 EXHIBIT "F" Marco Island Historical Society, Inc. Project Budget Fundinq — Not to Exceed Design and r.9RGtFUGtiGnand management services of-with regard to displays and exhibits $100,000 Total: 09 -5321 13 Marco Island Historical Society, Inc. $100,000