Agenda 10/11/2016 Item #16F5 16.F.5
10/11/2016
EXECUTIVE SUMMARY
Recommendation to approve a Tourist Development Council Category "B" marketing grant
agreement for Spirit Promotions, Inc. in the amount of $71,000 to fund the promotion, event
management, TV program production airing and live streaming costs for the 2017 US Open
Pickleball Championships and make a finding that this expenditure promotes tourism.
OBJECTIVE: To obtain Collier County Tourist Development Council grant funding for the 2017 US
Open Pickleball Championships in Collier County.
CONSIDERATIONS: The US Open Pickleball Championships will take place in Collier County at East
Naples Community Park from April 23 - 30, 2017. This will be year two of a multi-year contractual
commitment with Collier County to bring the US Open Championships to our community. The multi-year
hosting commitment is a separate agreement with Spirit Promotions,Inc.,the event organizer.
This marketing grant agreement in the amount of $71,000 is to assist with promotion, management,
production and airing of two hours of television coverage on CBS Sports Network and live streaming of
the event on social media channels. Collier County will receive three, 30 second TV spots in the TV
program, to promote our area as a sports tourism destination of choice. The TV broadcast is anticipated
to reach approximately 100 million homes throughout the United States and further drive our
community's reputation as the Pickleball Capital of the World. The TV show will run in prime time on a
pre-determined weekend in June 2017 and have a minimum of one re-broadcast.
The US Open Pickleball Championship organizers anticipate in excess of 1,000 participants with an
additional 10,000 spectators over the course of the six day event, resulting in direct visitor spending of
approximately $1.25 million dollars to Collier County. This project meets the BCC approved guidelines
and criteria for funding eligibility as a Category"B"Marketing Grant.
FISCAL IMPACT: Funds in the amount of$71,000 are available in the FY 17 Tourism Division budget
in Promotion Fund 184 for this grant.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to
this action.
ADVISORY BOARD RECOMMENDATION: The Tourist Development Council (TDC) reviewed the
grant request and unanimously (8-0) recommended approval of the grant request and related contract on
August 22,2016 with a finding that this action promotes tourism.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires
majority vote for approval. -CMG
RECOMMENDATION: Approve a Tourist Development Council Category "B" marketing grant
agreement for Spirit Promotions, Inc. in the amount of $71,000 to fund the promotion, event
management, TV program production, airing and live streaming costs for the 2017 US Open Pickleball
Championships and make a finding that this expenditure promotes tourism.
Prepared by: Jack Wert,Tourism Division Director
ATTACHMENT(S)
1.Final-Pickleball Contract (PDF)
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16.F.5
10/11/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.5
Item Summary: FY 17 TDC Grant Agreement-US Open Pickleball
Meeting Date: 10/11/2016
Prepared by:
Title:Tourist Development Tax Coordinator—Tourism
Name: Kelly Green
09/29/2016 9:30 AM
Submitted by:
Title: Division Director-Tourism—Tourism
Name: Jack Wert
09/29/2016 9:30 AM
Approved By:
Review:
County Attorneys Office Colleen Greene Level 2 Attorney Review Completed 09/29/2016 9:52 AM
Tourism Jack Wert Level 1 Sim.Reviewer 1-8 Completed 09/29/2016 10:58 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/29/2016 3:58 PM
County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 09/29/2016 4:43 PM
Budget and Management Office Ed Finn Level 3 OMB 1st Reviewer 1-4 Completed 09/29/2016 4:46 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/03/2016 10:48 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/11/2016 9:00 AM
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2017 CATEGORY"B" TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND SPIRIT PROMOTIONS,LLC
THIS AGREEMENT is made and entered into this day of
, 2016, by and between Spirit Promotions, LLC, a Foreign Limited 0
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Liability Company, authorized to do business in Florida, hereinafter referred to as "GRANTEE" n.
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and Collier County, a political subdivision of the State of Florida, hereinafter referred to as 0
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"COUNTY."
WHEREAS, the COUNTY has adopted a Tourist Development Plan(hereinafter referred
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to as"Plan") funded by proceeds from the Tourist Development Tax; andfts
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WHEREAS, the Collier County Tourism Ordinance provides that certain of the revenues
generated by the Tourist Development Tax are to be allocated to promote and advertise tourism ti
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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 to fund the promotion, management, production and
airing of the 2017 US Open Pickleball Championships on CBS Sports Network; and
WHEREAS, the Tourist Development Council has made a recommended finding to
approve this funding request and that this expenditure promotes tourism; and
WHEREAS, the Collier County Board of County Commissioners has approved the
funding request of the GRANTEE, made a finding that this expenditure promotes tourism, and
authorized the Chairman to execute this Agreement.
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NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES
PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY
AGREED AS FOLLOWS:
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1. SCOPE OF WORK:
(a) In accordance with the authorized expenditures as set forth in the Budget,
attached hereto as Exhibit "D," the GRANTEE shall expend the funds for the 2017 US Open 0
Pickleball Championships as described herein.
2. PAYMENT:
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(a) The amount to be paid under this Agreement shall be a total of Seventy-One
Thousand Dollars ($71,000). GRANTEE shall be paid in accordance with fiscal procedures of
the County for the expenditures incurred as described in Paragraph One (1) herein upon T
submittal of a Request for Funds on the form attached hereto as Exhibit "B" and made a part ``
hereof, and shall submit evidence that the vendor invoices have been paid and samples of the
promotional materials produced by that vendor or media outlet to the Tourism Director or his
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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.
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(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 c
performed in accordance with such authorization. The budget attached as Exhibit "D" shall
constitute authorization for the expenditure[s] described in the invoice[s].
(c) All expenditures shall be made in conformity with this Agreement.
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(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 D.
(f) Expenditures with print publications, broadcast, digital and social platforms saCD
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should be placed in media that runs outside of Collier County (can also run in Collier County) a
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and will be reimbursed up to the percentage of circulation outside of Collier County. 0
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Distribution of promotional materials is encouraged outside of Collier County to promote
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overnight visitation, and will be reimbursed up to the percentage of distribution outside of a)
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Collier County. Distribution percentages for outside Collier County media and promotional E
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materials will be based on the grantee's best information available. Invoices for prepayment or c.)
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for deposit on services will not be eligible for reimbursement. is-
(g) Services or product must be delivered and paid for by GRANTEE between the ``
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effective dates of this Agreement. CV
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(h) All requests for reimbursement must be received prior to September 30, 2017 to c
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be eligible for payment. —
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3. ELIGIBLE EXPENDITURES: 2
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(a) Only eligible expenditures described in Paragraph One (1) will be paid by Ti
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COUNTY. E
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(b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2016
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and September 30, 2017.
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(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:
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(a) GRANTEE shall provide to County a final status report on the form attached o
hereto as Exhibit"A" no later than October 15, 2017. c
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(b) Each report shall identify the economic impact generated by the GRANTEE
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through the use of reports (Exhibit "A" — Final Status Report) which identify the amount spent,
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the duties performed, the services provided, and the goods delivered since the previous reporting cD
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period.
(c) GRANTEE shall take reasonable measures to assure the continued satisfactory u.
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performance of all vendors and subcontractors.
(d) COUNTY may withhold any payments for failure of GRANTEE to provide the
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final status report and until the County receives the final status report or other report acceptable
to the Tourism Director.
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(e) GRANTEE shall request that visitors to the 2017 US Open Pickleball L
Championships complete the visitor questionnaire attached to this Agreement as Exhibit"C."
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.
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(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
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PERSONAL INJURY LIABILITY $300,000 each claim per person
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(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
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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. v
6. CHOICE OF VENDORS AND FAIR DEALING: ti
(a) GRANTEE may select vendors or subcontractors to provide services as described
in Paragraph One(1).
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(b) COUNTY shall not be responsible for paying vendors and shall not be involved in
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the selection of subcontractors or vendors.
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(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
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employees, agents, officers, directors and/or shareholders.
(d) COUNTY may, in its discretion, object to the reasonableness of expenditures and
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require payment if invoices have been paid under this Agreement for unreasonable expenditures.
The reasonableness of the expenditures shall be based on industry standards.
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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,
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recklessness, or intentionally wrongful conduct of the GRANTEE or anyone employed or utilizedCD
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 o
available to an indemnified party or person described in this paragraph.
8. NOTICES:
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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 ti
Spirit Promotions, LLC >-
Emerald Beach ``.
500 Saturn Court,#74 0
Marco Island, FL 34145
terri@usopenpickleballchampionship.com
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All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly 0
served if mailed by registered or certified mail to the COUNTY to: as
Jack Wert, Tourism Director n.
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
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upon giving the other party written notification pursuant to this Section.
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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 E.
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Agreement and shall provide all information and documentation requested by the COUNTY from
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time to time pertaining to the use of any funds provided hereunder.
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11. TERMINATION: c"
(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. ti
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(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
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revenue related to the Agreement must be recorded, and all expenditures must be incurred within c
the term of this Agreement. v
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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
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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
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pertaining to work performed under this Agreement for a period of three (3) years. GRANTEE c
agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration
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of three (3) years after final payment under this Agreement, have access to, and the right to 0
examine and photocopy any pertinent books, documents, papers, and records of GRANTEE c
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involving any transactions related to this Agreement.
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15. PROHIBITION OF ASSIGNMENT:
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GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this
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Agreement without the prior written consent of the COUNTY. r-
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16. TERM:
This Agreement shall become effective on October 1, 2016 and shall remain effective for
one year until September 30, 2017. 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
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Agreement beyond the one (1) year term in order to complete the Project must be at the express
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consent of the Collier County Board of County Commissioners.
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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 ninety (90) days. The Amendment is subject to
approval by the Board.
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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 (Exhibit"A"—Final Status Report)
to the Tourism Director or his designee by October 15, 2017.
18. REQUIRED NOTATION: 0
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All collateral material and advertisements should identify Collier County Tourism by i-
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displaying the CVB logo and website url www.paradisecoast.com. 0
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19. AMENDMENTS:
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This Agreement may only be amended by mutual written agreement of the parties, after a>
review by the Collier County Tourist Development Council if warranted. a
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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.
To
ATTEST: BOARD OF COUNTY COMMISSIONERS a
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
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By: 0
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Donna Fiala, Chairman
Approved as to form and legality: c&
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l� olleen M. Greene Q
Assistant County Attorney co2
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WITNESSES: GRANTEE: 1--
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(1) SPIRIT PROMOTIONS, LLC >-
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(2) BY:
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EXHIBIT "A"
Collier County Tourist Development Council
Final Status Report (Due by Oct. 15, 2017)
EVENT NAME:
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REPORT DATE: 0
ORGANIZATION:
CONTACT PERSON: TITLE: ii
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ADDRESS: Q
PHONE: FAX:
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On an attached sheet, answer the following questions for each element in your E
scope of work. w
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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? v
What hotels/motels were utilized to support the project and how many? o
What is the total economic impact and revenue generated for this event? r.
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? CO
What problems occurred if any during the project event?
List any out-of-county- advertising, marketing, and/or public relations that was used to co
support the project and attach samples.
How could the project been improved or expanded? 0
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EXHIBIT "B"
REQUEST FOR FUNDS
COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL
EVENT NAME
ORGANIZATION
ADDRESS 2
CONTACT PERSON TELEPHONE ( )
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REQUEST PERIOD FROM TO
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REQUEST#
( ) INTERIM REPORT ( ) FINAL REPORT
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TOTAL CONTRACT AMOUNT$
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EXPENSE BUDGET REIMBURSEMENT REQUESTED Q
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TOTALS
NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in N
your application. Reimbursement requests must include the following: evidence that the vendor
invoices have been paid and samples of the promotional materials produced by that vendor or
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media outlet.
If project budget has specific categories with set dollar limits, the Grantee is required to include a ti
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 c
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 E
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EXHIBIT "C"
Naples
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Everglades
PARADISE COAST. 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 a
better serve the needs of future visitors to Florida's Last Paradise SM. PLEASE 2
REFER TO OUR PARADISE COAST BROCHURES FOR THE LOCATION OF ALL AREA n,
ATTRACTIONS. ai
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NAME: co
ADDRESS: CITY ST ZIP
DATE OF ARRIVAL: DATE OF DEPARTURE:
WHERE ARE YOU HOTEL/RESORT FRIENDS/FAMILY CONDOMINIUM
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STAYING? a
NAME OF HOTEL AND CITY/AREA: a
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NAME OF CONDOMINIUM/TIMESHARE: al
#OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY= 6
HOW DID YOU SELECT THE HOTEL/CONDOMINIUM? o
INTERNET ( ) YOUR CHOICE ( ) TRAVEL AGENT ( ) is-
OTHER: u_
NUMBER OF MEALS YOU &YOUR GROUP WILL EAT OUT: o
Number of people in your party =
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Number of days of your visit =
Number of meals eaten out each day = 03
PLANNED AREA ACTIVITIES: (Please circle all that apply)
ARTS & CULTURE WATER SPORTS NATURE FAMILY c°.)
von Liebig Art Center Beaches Everglades Tour ATTRACTIONS
Artis Naples Naples Pier County Parks Naples Zoo ai
Sugden Theatre Shelling National Park Naples Botanical Garden 2
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
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Other FL County Museums c
Lake Trafford Other it
Other c
SHOPPING AND DINING SIGHTSEEING RELAXATION & E
Fifth Avenue South Lunch/Dinner Cruise/ ENTERTAINMENT 0
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Third Street South Sunset Cruise Golf
Waterside Shops City Trolley Tour Spa Q
Venetian Bay Everglades Tour Shelling
Bayfront Segway Tour Seminole Casino
Tin City Dolphin Cruise Lounges&Clubs
Other Other Music
Other
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EXHIBIT "D"
SPIRIT PROMOTIONS, LLC
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Funding — Not to Exceed
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To fund the promotion, management, production
and airing of the 2017 US Open Pickleball
Championships on CBS Sports Network and on
Live Streaming. E
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Total: $71,000
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