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Backup Documents 02/09/2016 Item #16F3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING ffij 4 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT �� THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUREnn ia Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The completed routin nOd�g M iu documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIPNtanepp�ement Complete routing lines#1 through#4 as appropriate for additional signatures,dates,and/or information needed.If the document is alread}Ppie a wRh the exception of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist. Route to Addressee(s) Office Initials Date (List in routing order) 1. Rebecca kms C',O11►n)S Risk Management ( ?d r Lj`I 17 1. Colleen Greene County Attorney's Office C1 ' ' 3 .9 i1(0 2. BCC Chairman Board of County Commissioners W/6-1 \W) 3. Minutes and Records Clerk of Courts Office (11 40) PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval.Normally the primary contact is the person who created/prepared the executive summary.Primary contact information is needed in the event one of the addressees above need to contact staff for additional or missing information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Kelly Green Phone Number 252-2384 Contact Agenda Date Item was 2/9/16 .✓ Agenda Item Number 16F3/ Approved by the BCC Type of Document Agreement Number of Original 2 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency.(All documents to be KG signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney.This includes signature pages from ordinances, resolutions,etc. signed by the County Attorney's Office and signature pages from contracts, agreements,etc.that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's KG Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the .,� n/a document or the final negotiated contract date whichever is applicable. 4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's KG signature and initials are required. 5. In most cases(some contracts are an exception),the original document and this routing slip KG should be provided to the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified.Be aware of your deadlines! 6. The document was approved by the BCC on 2/9/16 (enter date)and all changes made during the meeting have been incorporated in the attached document. w The County Attorney's Office has reviewed the changes,if applicable. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05 16F . 3 MEMORANDUM Date: March 9, 2016 To: Kelly Green, Tourist Tax Coordinator Tourism Department From: Martha Vergara, Deputy Clerk Minutes and Records Department Re: 2016 Tourism Category "B" Grant Agreement between Collier County and Spirit Promotions, LLC Agreement Attached for your records, are one (1) original document of the resolution referenced above (Item #16F3) adopted by the Board of County Commissioners Tuesday, February 9, 2016. One original document was kept by the Minutes and Record's Department as part of the Official Record's of the Board. If you have any questions, you may contact me at 252-7240. Thank you. 16F 3 2016 TOURISM CATEGORY"B" GRANT AGREEMENT BETWEEN COLLIER COUNTY AND SPIRIT PROMOTIONS,LLC. THIS AGREEMENT is made and entered into this A\ day of f"e... Y.,,tc-3, , 2016, by and between Spirit Promotions, LLC. a for-profit corporation registered to do Business in Florida, (hereinafter "GRANTEE") and Collier County, a political subdivision of the State of Florida, (hereinafter"GRANTOR"or"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 Development Tax Ordinance provides that certain of the revenues generated by the Tourist Development Tax are to be allocated to promote and advertise tourism within the State of Florida, nationally and internationally which encourages tourism; and WHEREAS,GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds for production and airing of the US OPEN Pickleball Championships("The Project") ;and WHEREAS, the Tourist Development Council recommended funding of the Project with a finding that the Project promotes tourism, and the Collier County Board of County Commissioners has approved the funding request of the GRANTEE, authorized the Chairman is to execute the Tourism Category "B" Grant Agreement, and made a finding that this Project expenditure promotes tourism. 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 The Project including production and airing of the U.S. Pickleball Championships. 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 1 16F 3 submittal of a Request for Funds on the form attached hereto as Exhibit "D" and made a part hereof, and shall submit vendor invoices, copies of credit card receipts and statements and two- sided copies of cancelled checks, on-line bill pay transaction registers or other acceptable evidence of payment, original tear sheets of print ads, affidavit of broadcast dates and times, screen shots of on-line ads, or samples of printed materials to the Tourism Director or his designee, for review. Should these documents be unavailable, the GRANTEE may submit other legally viable evidence of payment subject to review and approval by the Clerk of the Court's Finance Department. (b) The Tourism Director or his designee shall determine that the invoice payments are authorized and that the goods or services covered by such invoice[s) have been provided or performed in accordance with such authorization. The budget attached as Exhibit "F" shall constitute authorization for the 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's Finance Department pre-audits all payment invoices in accordance with law. (e) GRANTEE shall be paid for its actual costs, not to exceed the maximum amount budgeted pursuant to the attached"Exhibit F". (f) Expenditures with publications, broadcast and brochure distribution that run outside of Collier County(can also run in Collier County)will be reimbursed.. (g) Invoices for prepayment or for deposit on services will not be eligible for reimbursement. (h) Services or product must be delivered and paid for by GRANTEE between the effective dates of this Agreement. (i) All requests for reimbursement must be received prior to September 30, 2016 to be eligible for payment. 2 16F 3 2. 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 February 9, 2016 and September 30,2016. (c) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY's written request to repay said funds. (d) COUNTY may request repayment of funds for a period of up to three (3) years after termination of this Agreement or any extension or renewal thereof. 4. REPORTING REQUIREMENTS: (a) GRANTEE shall provide to County a final status report on the form attached hereto as Exhibit"C"no later than October 15,2016. (b) Each report shall identify the economic impact generated by the GRANTEE through the use of reports (Exhibit "C")which identify the amount spent, the duties performed, the services provided, and the goods delivered since the previous reporting period. (c) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. (d) COUNTY may withhold any payments for failure of GRANTEE to provide the final status report and until the County receives the final status report or other report acceptable to the Tourism Director. (e) GRANTEE shall request that visitors to the U.S. OPEN Pickleball Championships complete the visitor questionnaire attached to this Agreement as Exhibit"E". 3 16F 3 5. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming the Collier County Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY$300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person (c) The Certificate of Insurance must be delivered to the Tourism Director or his designee with copies of the Agreement executed by GRANTEE. The GRANTEE shall not commence promotional or advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY and the Agreement is fully executed. 6. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph One(1). (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. (c) GRANTEE agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees,agents,officers,directors and/or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 4 16F 3 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: Terri Graham, President Spirit Promotions,LLC. 1325 Glengary Court Wheeling, IL 60090 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: Jack Wert,Tourism Director Collier County Tourism Department 2660 N. Horseshoe Drive Suite 105 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. 5 16F 3 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. 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, 6 16F 3 documents, papers, and records of GRANTEE involving any transactions related to this Agreement. 15. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 16. PERM: This Agreement shall become effective on February 9, 2016 and shall remain effective until September 30, 2016. 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 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 to extend this Agreement an additional ninety(90)days with a written amendment. 18. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Tourism Director or his designee by October 15, 2016. 19. REQUIRED NOTATION: All promotional literature and all print, broadcast and on-line media advertising where possible should contain the verbiage"A cooperative effort funded by the Collier County Tourist Development Tax" and/or display the CVB logo and website url www.paradisecoast.com to qualify for reimbursement. 20. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. 7 moi% 16F 3 IN WITNESS WHEREOF, the GRAN t'EE 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: BOA' : OF COUNT COMMISSIONERS DWIGHT E.CROCK,Cle . COL ;' COUNTY LORIDA Y , '"• . By: Donna Fiala, Chairman •t!31 OAYe form and Le!ali le j olleen M. Greene Assistant County Attorney WITNESSES: GRANTEE: (1)C.R itivu7, 6411';._,,,.\ SPIRIT PROMOTIONS, LLC. mom r FIA RIZ Printed/Typed Name (2)4 Bf `�-- BY: Printed/Typed Name Printed/Typed Name Printed/Typed Title 8 9 16F 3 EXHIBIT "C" Collier County Tourist Development Council Final Status Report (Due by Oct. 15, 2016) EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: 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 economic impact and revenue generated for this event? Total expenses. (Have all vendors been paid?) List the vendors that have been paid, if not, what invoices are still outstanding and why? What is the number of participants that visited the project? What is the percentage of the total participants from out of Collier County? What problems occurred if any during the project event? List any out-of-county- advertising, marketing, and/or public relations that was used to support the project and attach samples. How could the project been improved or expanded? 9 16F 3 EXHIBIT "D" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE( ) REQUEST PERIOD FROM TO REQUEST# ( )INTERIM REPORT ( )FINAL REPORT TOTAL CONTRACT AMOUNT$ 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. 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 CHIEF OFFICIAL OR DESIGNEE: 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 10 16F 3 EXHIBIT "E" Naples Marco Island Everglades P.a�U.E� �o�e1 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 8".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 WATER SPORTS NATURE FAMILY von Liebig Art Center Beaches Everglades Tour ATTRACTIONS Artis Naples Naples Pier County Parks Naples Zoo Sugden Theatre Shelling National Park Naples Botanical Garden Naples Philharmonic Fishing State Parks Fun'n Sun Water Park Art Galleries Boating Corkscrew Swamp Swamp Buggy Race Other Kayaking Conservancy of SW Mini Golf Other FL County Museums Lake Trafford Other 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 Other Other Music Other 11 16F 3 EXHIBIT "F" Spirit Promotions, LLC. Project Budget Funding — Not to Exceed Production and Airing Related Expenses for the US OPEN Pickleball Championships $25,000 Total: $25,000 12 16E 3 �i -- — — — — — — — — -- //3U/LUIS THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Lori. George NAME: g Loomis & LaPann Inc (A/G NQy. (518)792-6561 uwc 0.(518)792-3426 P 0 Box 2158 ADDRESS:lgeorge@loomislapann.com INSURER(S)AFFORDING COVERAGE NAIC# Glens Falls NY 12801 INSURER Houston Casualty Company Holdings, INSURED INSURER B: USA Pickleball Association INSURERC: 4367 E. Briles Road INSURERD: INSURER E: Phoenix AZ 85050 INSURER F: COVERAGES CERTIFICATE NUMBERCL157712747 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP IM/ LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MDD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAE TO A CLAIMS-MADE X OCCUR PREMISES(EaENTED occurrence) $ 300,000 X 15/7005549 7/1/2015 7/1/2016 MED EXP(My one person) _ $ EXCLUDED PERSONAL&ADV INJURY _ $ 1,000,000 GENE AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 X POLICY JJEE T LOC PRODUCTS-COMP/OP AGG $ 1,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMB $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ HIRED AUTOS NPerOS AUTOS NON-OWNED PROPERTY $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more apace is required) EVENT NAME: US Open Pickleball Championships EVENT DATE: April 25-May 1, 2016 EVENT LOCATION: East Naples Park Collier County Board of County Commissioners is named as additional insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3500 Thomasson Dr Naples, FL 34112 AUTHORIZED REPRESENTATIVE Gregory Joly/LOAG (Et 1QRR.9n1d snort 1(APPnnAT1nk( All riahfe mean/ad