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Agenda 09/23/2008 Item #16F10Item # 16F10 September 23, 20 Page 1 of 43 EXECUTIVE SUMMARY Recommendation for the Board of County Commissioners to approve three (3) FY 09 Tourism Grant Agreements funded from Tourist Tax Category "B" revenue in the amount of $62,265 and authorize the Chairman to sign said agreements. OBJECTIVE: To provide for marketing assistance in FY 09 using Tourist Tax Category "B" revenue. CONSIDERATIONS: Category "B" Grant Applications: TDC Grant Applications were made available on our tourism website in January 2008 and were due March 30, 2008. In accordance with the Grant Criteria, the applications were first reviewed by the Tourism Director and then by a panel of tourism industry representatives including: Lisa Boet, Naples Originals, representing the restaurant industry; Annette Alvarez, General Manager of Waterside Shops, representing the retail and shopping industry; Doug Rickenbach, Naples Zoo, representing the attractions' industry; Jennifer Fox, Norris Center, representing the cultural community and Jim Hennessey, Residence Inn - Naples, representing the hotel industry. Two changes were made in the Category "B" criteria after the application forms were distributed. (1) The requirement for "Dollar for Dollar Matching Funds" was eliminated from the reimbursement requirements in order to clarify that these are reimbursement grants and the grantee must spend the money and then request reimbursement for qualified expenses. This change was reviewed and approved by the TDC at their March 24, 2008 TDC meeting. (2) Marketing expenditures that further the mission of the TDC were added as a new category as an authorized use of Category "B" tourist tax funds. This change was reviewed and approved by the TDC at their April 28, 2008 meeting. 1. The Naples Players - $25,000 for marketing of events at Sugden Theatre. The review committee felt that this was a good year -long project and merited funding and recommended $25,000 for this first -year program. This organization has not applied for a grant in the past. They project 15,000 room nights, economic impact of $2 Million and attendance of 70,000 for FY 09. 2. United Arts Council of Collier County - $21,500. This is the official arts agency for the County, representing the area's performing and cultural arts organizations. They applied for and have received two previous tourist tax grants for $17,100 in FY 07 and $21,500 in FY 08 to produce and distribute ten cultural Calendars of Events during the next year. They do not project an economic impact, room nights or attendance as their organization is only an influencer in visitation to our area. This has been a very worthwhile project Item # 16F10 September 23, 20 Page 2 of 43 and has furthered the mission of the TDC by educating the traveling public on the many cultural events in the area. The Review Committee recommended funding the ten Calendar of Events for FY 09 at $21,500. 3. Naples Historical Society - $15,765. This organization received a grant of $40,000 in 2003 for renovations to Palm Cottage. This application is for producing a DVD series of oral histories of the area entitled "If These Walls Could Talk ". They project 1,100 room nights and $470,000 in economic impact and report 4,683 visitors the past 12 months. This application was submitted as a Category C -2 Museum Grant request, but the Grant Review Committee, tourism staff and County Attorney feel this is better placed as a Category "B" marketing grant and recommend funding at $15,765. REVIEW COMMITTEE RECOMMENDATIONS: The Grant Review Committee met on April 17 and reviewed each of the applications and made their recommendations as outlined above. ADVISORY COMMITTEE RECOMMENDATION: The TDC unanimously recommended these grants and subsequent agreements at their May 21, 2008 meeting. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed this item and attached agreements. This is legally sufficient for Board action. - CMG FISCAL IMPACT: Funding for these grants is appropriated within the tentative FY 09 Tourism Promotion Fund (184) budget which is scheduled for BCC approval on September 18, 2008. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approve FY 09 funding for three (3) Category "B" Tourism Agreements with The Naples Players, ($25,000); United Arts Council of Collier County ($21,500) and Naples Historical Society ($15,765) in the cumulative amount of $62,265 and authorize the Chairman to sign said agreements. 7: 7�7_ 1: 7�7]' il1tT7i:a ►d[aii�tltYi�'iTi,7�i- i.T� Item # 16F10 September 23, 20 Page 3 of 43 Recommendation for the Board of County Commissioners to approve three (3) Tourism Agreements for FY 09 Tourist Tax Category & #8220;B& #8221; Grants requests totaling $62,265 and authorize the Chairman to sign said Agreements. Prepared By: Department Tourism Approved By: Department Approval County Attorney Approved Approved By Department Approval Office of Management Approved and Budget Approved By: Date 9/10/2008 10:44:20 AM Date 9/16/2008 9:52 AM Date 9/16/2008 11:42 AM Department Approval Date County Approved 9/16/2008 1:48 PM Manager's Office ATTACHMENTS: Name: 6 CategoryBFY09GrantApps- BCC9 -23 -08 doc ❑ Tourism _Agreement_Naples_Players.pdf ❑ Tourism_ Agreement _Naples_Historical_Socie ❑ Tourism, Agreement United Councii.pdf Description: Tourism Grants Cat B 2009 Tourism Agreement - Naples Players y.pdf 2009 Tourism Agreement - Historical Society 2009 Tourism Agreement - United Arts Council Type: Executive Summary Agreement Agreement Agreement Item # 16F10 September 23, 20 Page 4 of 43 2009 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE NAPLES PLAYERS, INC. THIS AGREEMENT, is made and entered into this day of 2008, by and between The Naples Players, 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 promote and advertise tourism within the State of Florida, nationally and internationally which encourages tourism; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds for a marketing plan to draw visitors to Collier County from primary feeder markets in Florida; and WHEREAS, the Tourist Development Council has recommended funding for the marketing plan to draw visitors to Collier County from primary feeder markets in Florida; 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 a marketing plan (hereinafter "the Project "), to include, but not be limited to: fees for advertisement in visitor guides, online 1 Item # 16F10 September 23, 20 Page 5 of 43 ads in Miami, Ft. Lauderdale and Palm Beach, Naples Daily News online ads and advertisements in various newspapers. 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Twenty-five Thousand Dollars ($25,000). GRANTEE shall be paid in accordance with fiscal procedures of the County for the expenditures incurred as described in Paragraph One (1) herein upon submittal of a request for funds on the form attached hereto as Exhibit "D" and made a part hereof, and shall submit invoices 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. 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, 2008 and September 30, 2009. VA Item # 16F10 September 23, 2C Page 6 of 43 (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, and its 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 ". (c) GRANTEE shall provide to County a final status report on the form attached hereto as Exhibit "C" no later than October 31, 2009. (d) Each report shall identify the amount spent, the duties performed, the services provided and the goods delivered since the previous reporting period. 3 Item # 16F10 September 23, 20 Page 7 of 43 (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 Players, 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 not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified parry or person described in this paragraph. 4 Item # 16F10 September 23, 20 Page 8 of 43 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: Jim Rideoutte, Executive Director The Naples Players, Inc. 701 Fifth Avenue South 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 3050 N. Horseshoe Drive, Suite 218 Naples, Florida 34104 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE, or its vendors or subcontractors, as an agent or employee of the COUNTY. 10. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this Agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. 11. TERMINATION: (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 5 Item # 16F10 September 23, 20 Page 9 of 43 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, 2008 and shall remain effective for one year until September 30, 2009. 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, 2009. :7 Item # 161710 September 23, 20 Page 10 of 43 18. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County and the Tourist Development Council as one of the sponsors. 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: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY. FLORIDA Approved as to form and . legal sufficiency Assistant County Attorney WITNESSES: Printed/Typed Name (2) Printed/Typed Name Un TOM HENNING, Chairman GRANTEE: THE NAPLES PLAYERS, INC. I]' Printed/Typed Name Printed/Typed Title 7 Item # 16F10 September 23, 20 Page 11 of 43 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 following 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 rooms 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. Item # 16F10 September 23, 20 Page 12 of 43 EXHIBIT "B" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Interim Status Report TITLE: On an attached sheet, answer the following questions to identify the status of the proiect 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? 9 EXHIBIT °C Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Final Status Report TITLE: FAX: Item # 16F10 September 23, 20 Page 13 of 43 On an attached sheet, answer the following questions for each element in your scope of work Fnai — 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? 10 EXHIBIT "D" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION CONTACT PERSON TELEPHONE( ) REQUEST PERIOD FROM TO REQUEST# ( ) INTERIM REPORT ( ) FINAL REPORT TOTAL CONTRACT AMOUNT S EXPENSE BUDGET TOTALS Item # 16F10 September 23, 20 Page 14 of 43 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 11 Item # 16F10 September 23, 20 Page 15 of 43 EXHIBIT "Err Naples Marco Island Everglades VISITOR QUESTIONNAIRE Welcome to the Paradise Coast'". 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' -. PLEASE REFER TO OUR PARADISE COAST BROCHURES FOR THE LOCATION OF ALL AREA ATTRACTIONS. NAME: ADDRESS: CITY ST ZIP DATE OF ARRIVAL: DATE OF DEPARTURE: WHERE ARE YOU HOTEL /RESORT FRIENDS /FAMILY CONDOMINIUM STAYING? NAME OF HOTEL AND CITY /AREA: NAME OF CONDOMINIUM/TIMESHARE: # 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 von Uebig Art Center Naples Museum of Art Sugden Theatre Naples Philharmonic Art Galleries Other SHOPPING AND DINING Fifth Avenue South Third Street South Waterside Shops Venetian Bay Bayfront Tin City Prime Outlets Other WATER SPORTS Beaches Naples Pier Shelling Fishing Boating Kayaking Other SIGHTSEEING Lunch /Dinner Cruise/ Sunset Cruise City Trolley Tour Everglades Tour Segway Tour Dolphin Cruise Other___ 12 NATURE Everglades Tout County Parks National Park State Parks Corkscrew Swamp Conservancy of SW FL Lake Trafford 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 EXHIBIT "F" The Naples Players, Inc. Project Budget Item # 16F10 September 23, 20 Page 16 of 43 Funding — Not to Exceed Marketing plan, to include, but not be $25,000 limited to: fees for advertisement in visitor guides; online ads in Miami, Ft. Lauderdale and Palm Beach, Naples Daily News online ads and advertisements In various newspapers Total: 13 $25,000 Item # 16F10 September 23, 20 Page 17 of 43 2009 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE COLLIER COUNTY HISTORICAL SOCIETY, INC. dba NAPLES HISTORICAL SOCIETY THIS AGREEMENT, is made and entered into this day of 2008, by and between the Collier County Historical Society Inc., dba Naples Historical Society, 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 Tourist Development Tax funds for the solicitation, recording, production and distribution of relevant family and institutional stories considered valuable to Naples' history and heritage; and WHEREAS, the Tourist Development Council has recommended funding for the solicitation, recording, production and distribution of relevant family and institutional stories; 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: Item # 16F10 September 23, 20 Page 18 of 43 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 solicitation, recording, production and distribution of relevant family and institutional stories on DVDs (hereinafter "the Project'). 2. PAYMENT: (a) The maximum amount to be paid under this Agreement shall be a total of Fifteen Thousand Seven Hundred Fifty -Six Dollars ($15,756). 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 invoices 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. FA Item # 16F10 September 23, 20 Page 19 of 43 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, 2008 and September 30, 2009. (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, and its 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 ". 9 Item # 16F10 September 23, 20 Page 20 of 43 (c) GRANTEE shall provide to County a final status report on the form attached hereto as Exhibit "C" no later than October 31, 2009. (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 Collier County Historical Society, Inc. dba Naples Historical Society 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 4 Item # 16F10 September 23, 20 Page 21 of 43 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: Fred Wakelin, President Collier County Historical Society Inc. dba Naples Historical Society P. O. Box 201 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 3050 N. Horseshoe Drive, Suite 218 Naples, Florida 34104 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE, or its vendors or subcontractors, as an agent or employee of the COUNTY. 10. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this Agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. k, Item # 16F10 September 23, 20 Page 22 of 43 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 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 elftill 15. TERM: This Agreement shall become effective on October 1, 2008 and shall remain effective for one year until September 30, 2009. If the project is not completed within the tern 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. H Item # 16F10 September 23, 20 Page 23 of 43 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, 2009. 18. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County and the Tourist Development Council as one of the sponsors. 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. BROCK, Clerk Approved as to form and al sufficiency Colleen Greene Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: 7 TOM HENNING, Chairman Item # 16F10 September 23, 20 Page 24 of 43 WITNESSES: GRANTEE: COLLIER COUNTY HISTORICAL SOCIETY INC. Printed/Typed Name (2) BY: Printed/Typed Name Printed/Typed Name Printed/Typed Title 12 Item # 16F10 September 23, 20 Page 25 of 43 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 following 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 rooms 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. EXHIBIT "B" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Interim Status Report TITLE: Item # 161710 September 23, 20 Page 26 of 43 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? 10 Item # 16F10 September 23, 20 Page 27 of 43 EXHIBIT " C Collier County Tourist Development Council EVENT NAME: REPORT DATE- ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Final Status Report TITLE: FAX: 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? 11 Item # 16F10 September 23, 20 Page 28 of 43 EXHIBIT "D" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT ADDRESS CONTACT PERSON TELEPHONE ( ) REQUEST PERIOD FROM TO REQUEST# ( ) INTERIM REPORT ( ) FINAL REPORT TOTAL CONTRACT AMOUNT $ EXPENSE BUDGET 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 12 Item # 161`10 September 23, 20 Page 29 of 43 EXHIBIT "E" Naples MarcoIsland Everglades ...... VISITOR QUESTIONNAIRE Welcome to the Paradise Coast s". 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 DATE WHERE ARE YOU HOTEL /RESORT FRIENDS /FAMILY CONDOMINIUM STAYING? NAME OF HOTEL AND CITY /AREA: # OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY = HOW DID YOU SELECT THE HOTEL /CONDOMINIUM? INTERNET ( ) YOUR CHOICE ( ) TRAVEL AGENT ( ) OF MEALS YOU & YOUR GROUP WILL EAT OUT: Number of people in your party = MUSEUMS Number of days of your visit = Lunch /Dinner Cruise/ Number of meals eaten out each day = ENTERTAINMENT PLANNED AREA ACTIVITIES: (Please circle all that apply) ARTS & CULTURE WATER SPORTS NATURE von Liebig Art Center Beaches Everglades Tour Naples Museum of Art Naples Pier County Parks Sugden Theatre Shelling National Park Naples Philharmonic Fishing State Parks Art Galleries Boating Corkscrew Swamp Other Kayaking Conservancy of SW Other FL Lake Trafford Other Other SHOPPING AND DINING Fifth Avenue South Third Street South Waterside Shops Venetian Bay Bayfront Tin City Prime Outlets Other FAMILY ATTRACTIONS Naples Zoo Naples Botanical Garden Fun 'n Sun Water Park Swamp Buggy Race Mini Golf King Richard's Fun Park Other SIGHTSEEING MUSEUMS RELAXATION & Lunch /Dinner Cruise/ County Complex ENTERTAINMENT Sunset Cruise Everglades City Golf City Trolley Tour Marco Island Spa Everglades Tour Rookery Bay Shelling Segway Tour Holocaust Seminole Casino Dolphin Cruise Naples Depot Lounges & Clubs Other Palm Cottage Music Other Other 13 Item # 16F10 September 23, 20 Page 30 of 43 W40MI 7y111A Collier County Historical Society Inc. dba Naples Historical Society Project Budget Funding — Not to Exceed Solicitation, recording, production and $15,756 distribution of relevant family and institutional stories relevant to Naples' history and heritage on DVDs Total: $15,756 14 Item # 16F10 September 23, 20 Page 31 of 43 2009 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND UNITED ARTS COUNCIL OF COLLIER COUNTY, INC. THIS AGREEMENT is made and entered into this day of , 2008, by and between United Arts Council of Collier County, 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 promote and advertise tourism within the State of Florida, nationally and internationally which encourages tourism; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds for community information services including the production and printing of a monthly calendar of events for arts and cultural activities; and WHEREAS, the Tourist Development Council has recommended funding for the production of a monthly arts and culture calendar; 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 production a monthly arts and culture calendar (hereinafter "the Project'). 1 Item # 16F10 September 23, 20 Page 32 of 43 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Twenty -One Thousand Five Hundred Dollars ($21,500). 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 invoices 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. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in Paragraph One (1) will be paid by [K0 II 10" (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2008 and September 30, 2009. (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. 4 Item # 16F10 September 23, 20 Page 33 of 43 (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, and its 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 ". (c) GRANTEE shall provide to County a final status report on the form attached hereto as Exhibit "C" no later than October 31, 2009. (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 Ki Item # 16F10 September 23, 20 P��.qqee 34 of 43 status report or final status report or other report acceptable to the Executive Director oT the CVB. (g) GRANTEE shall request that visitors to the United Arts of Collier County, 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 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: 11 Elaine Hamilton, Executive Director United Arts Council of Collier County 2335 Tamiami Trail North, #504 Naples, FL 34103 -4459 Item # 16F10 September 23, 20 Page 35 of 43 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 3050 N. Horseshoe Drive, Suite 218 Naples, Florida 34104 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE, or its vendors or subcontractors, as an agent or employee of the COUNTY. 10. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this Agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. 11. TERMINATION: (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. 5 Item # 16F10 September 23, 20 Pa e 6 of 43 12. GENERAL ACCOUNTING: GRANTEE is required to maintain completer 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, 2008 and shall remain effective for one year until September 30, 2009. 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, 2009. 18. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County and the Tourist Development Council as one of the sponsors. 0. Item # 16F10 September 23, 20 Page 37 of 43 19. AMENDMENTS: This Agreement may only be amended by mutual wntten 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. BROCK, Clerk Approved as to form and legal sufficiency V� Assistant County Attorney WITNESSES: Printed/Typed Name (2) Printed/Typed Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Im TOM HENNING, Chairman GRANTEE: UNITED ARTS COUNCIL OF COLLIER COUNTY few Printed/Typed Name Printed/Typed Title 7 Item # 16F10 September 23, 20 Page 38 of 43 EXHIBIT "A" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Preliminary Status Report TITLE: f313 On an attached sheet, answer the following 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 rooms 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. 1.1 EXHIBIT `B" Item # 16F10 September 23, 20 Page 39 of 43 Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Interim Status Report TITLE: FAX: 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? EXHIBIT " C" Item # 16F10 September 23, 20 Page 40 of 43 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 scone of work. Final — These questions should be answered for your final status report. Was this a first time project? If not, how many times has this event taken place? What hotels /motels were utilized to support the project and how many? What is the total revenue generated for this event? Total expenses. (Have all vendors been paid ?) List the vendors that have been paid, if not, what invoices are still outstanding and why? What is the number of participants that visited the project? What is the percentage of the total participants from out of Collier County? What problems occurred if any during the project event? List any out -of- county- advertising, marketing, and /or public relations that was used to support the project and attach samples. How could the project been improved or expanded? 10 EXHIBIT "D" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT ORGANIZATION CONTACT PERSON TELEPHONE REQUEST PERIOD REQUEST# ( ) INTERIM REPORT TOTAL CONTRACT AMOUNT EXPENSE Y(ellf_1I&I FROM ( ) FINAL REPORT BUDGET REIMBURSEMENT REQUESTED Item # 16F10 September 23, 20 Page 41 of 43 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 11 Item # 161`10 September 23, 20 Page 42 of 43 EXHIBIT "E" Naples Marcy oter Everglades . VISITOR QUESTIONNAIRE Eve Welcome to the Paradise Coast see. 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: CITY OF DEPARTURE: ST ZIP WHERE ARE YOU HOTEL/RESORT FRIENDS /FAMILY CONDOMINIUM STAYING? NAME OF HOTEL AND CITY /AREA: NAME OF CONDOMINIUMITIMESHARE: # OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY = HOW DID YOU SELECT THE HOTELICONDOMINIUM? INTERNET ( ) YOUR CHOICE ( ) TRAVEL AGENT ( ) OTHER: NUMBER OF MEALS YOU & YOUR GROUP WILL EAT OUT: Number of people in your party = Third Street South Number of days of your visit = Waterside Shops Number of meals eaten out each day = Venetian Bay PLANNED AREA ACTIVITIES: (Please circle all that apply) ARTS & CULTURE WATER SPORTS NATURE von Liebig Art Center Beaches Everglades Tour Naples Museum of Art Naples Pier County Parks Sugden Theatre Shelling National Park Naples Philharmonic Fishing State Parks Art Galleries Boating Corkscrew Swamp Other Kayaking Conservancy of SW Other FL Lake Trafford Other SHOPPING AND DINING SIGHTSEEING Fifth Avenue South Lunch /Dinner Cruise/ Third Street South Sunset Cruise Waterside Shops City Trolley Tour Venetian Bay Everglades Tour Bayfront SegwayTour Tin City Dolphin Cruise Prime Outlets Other Other 12 FAMILY ATTRACTIONS Naples Zoo Naples Botanical Garden Fun `n Sun Water Park Swamp Buggy Race Mini Golf King Richard's Fun Park Other RELAXATION & f4.1ifs :11 "XMI114 Yd Golf Spa Shelling Seminole Casino Lounges & Clubs Music Other EXHIBIT "F" United Arts Council of Collier County, Inc. Project Budget Printing of calendars Data compilation, graphics, typesetting & layout Distribution (postage, mail services, delivery fees) Total: 13 Item # 161`10 September 23, 20 Page 43 of 43 Funding — Not to Exceed $16,000 $ 3,000 2,500 $21,500