Backup Documents 10/11/2016 Item #16F5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SI P6 F
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2. Colleen M. Greene, Esq. County Attorney Office nn
v'I ' la z.51yr-,
3. BCC Office Board of County �JF `
Commissioners \./� to\Z110
Z4 .1
4. Minutes & Records Clerk of Court's Office -Pfn (04(1,6 3F 2t{�
5. Please send copy of fully executed Tourism Department
document back to Tourism.
PRIMARY CONTACT INFORMATION
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,may need to contact staff for additional or missing information.
Name of Primary Staff Jack Wert,Tourism Phone Number 252-2402
Contact/Department
Agenda Date Item was 10/11/16+ Agenda Item Number 16.F.5✓
Approved by the BCC
Type of Document FY 17 TDC Grant Agreement-US Open Number of Original Two
Attached Pickleball Documents Attached
PO number or account n/a
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) e)
1. Does the document require the chairman's original signature -k. <DV ,GMEr-
2. Does the document need to be sent to another agency for additional signa If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be CMG
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the CMG
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's CMG
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
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!
8. The document was approved by the BCC on 10/25/16 and all changes made during
the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC, all changes directed by the BCC have been made,and the document is ready f.'tilt-
Chairman's
he
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16F
5
MEMORANDUM
Date: October 27, 2016
To: Jack Wert, Director of Tourism
Collier County Tourism Department
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: 2017 Category "B" Tourism Agreement Between Collier County
and Spirit Promotion, LLC
US Open Pickleball
Attached is a copy of the agreement referenced above (Item #16F5) approved by
the Board of County Commissioners on Tuesday, October 11, 2016.
The Minutes & Records Department will hold the original agreement in the Board's
Official Record.
If you have any questions, please feel free to contact me at 252-7240.
Thank you.
Attachment
16F 5
2017 CATEGORY"B" TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND SPIRIT PROMOTIONS,LLC
THIS AGREEMENT is made and entered into this k 1,A7�. day of
, 2016, by and between Spirit Promotions, LLC, a Foreign Limited
Liability Company, authorized to do business in Florida, hereinafter referred to as "GRANTEE"
and Collier County, a political subdivision of the State of Florida, hereinafter referred to as
"COUNTY."
WHEREAS, the COUNTY has adopted a Tourist Development Plan(hereinafter referred
to as"Plan") funded by proceeds from the Tourist Development Tax; and
WHEREAS, the Collier County Tourism Ordinance provides that certain of the revenues
generated by the Tourist Development Tax are to be allocated to 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 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.
e
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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:
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
Pickleball Championships as described herein.
2. PAYMENT:
(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
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
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 "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
should be placed in media that runs outside of Collier County (can also run in Collier County)
and will be reimbursed up to the percentage of circulation outside of Collier County.
Distribution of promotional materials is encouraged outside of Collier County to promote
overnight visitation, and will be reimbursed up to the percentage of distribution outside of
Collier County. Distribution percentages for outside Collier County media and promotional
materials will be based on the grantee's best information available. Invoices for prepayment or
for deposit on services will not be eligible for reimbursement.
(g) Services or product must be delivered and paid for by GRANTEE between the
effective dates of this Agreement.
(h) All requests for reimbursement must be received prior to September 30, 2017 to
be eligible for payment.
3. ELIGIBLE EXPENDITURES:
(a) Only eligible expenditures described in Paragraph One (1) will be paid by
COUNTY.
(b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2016
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:
(a) GRANTEE shall provide to County a final status report on the form attached
hereto as Exhibit"A"no later than October 15,2017.
(b) Each report shall identify the economic impact generated by the GRANTEE
through the use of reports (Exhibit "A" —Final Status Report) 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 2017 US Open Pickleball
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
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.
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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,
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
Spirit Promotions, LLC
Emerald Beach
500 Saturn Court,#74
Marco Island,FL 34145
terri@usopenpickleballchampionship.com
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.
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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
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
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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
pertaining to work performed under this Agreement for a period of three (3) years. GRANTEE
agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration
of three (3) years after final payment under this Agreement, have access to, and the right to
examine and photocopy any pertinent books, documents, papers, and records of GRANTEE
involving any transactions related to this Agreement.
15. PROHIBITION OF ASSIGNMENT:
GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this
Agreement without the prior written consent of the COUNTY.
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
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.
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:
All collateral material and advertisements should identify Collier County Tourism by
displaying the CVB logo and website url www.paradisecoast.com.
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.
* * *
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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.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK,Clerk COLLIER COUNTY,FLORIDA
-. ...., 14;eitc"
a y A �, By:
L •.es as 0 maws$ _ ' Do!ina Fiala, Chairman
signature only.
Approved as to form and le:. ity:
& Oi a Dix;Yr 1*6(^j2-——
.1lleen M. Greene
Assistant County Attorney
WITNESSES: GRANTEE:
SPIRIT PROMOTIONS, LLC
Printed/Typed Name
(2) BY: \Q '
lu(itii,2.JA ObY`. Te.c-,/, NZ. G z\-►�r O:tatcL?r\r
Printed/Typed Name Printed/Typed Name &Title'
19
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EXHIBIT "A"
Collier County Tourist Development Council
Final Status Report (Due by Oct. 15, 2017)
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON: TITLE:
ADDRESS:
PHONE: FAX:
"n
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?
0
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EXHIBIT "B"
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. 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
media outlet.
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
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EXHIBIT "C"
Naples
Marco Island
Nom'"
Everglades VISITOR QUESTIONNAIRE
)AR ADIS[ COAT T'
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 5M. 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
lii;
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EXHIBIT "D"
SPIRIT PROMOTIONS, LLC
Funding — Not to Exceed
To fund the promotion, management, production
and airing of the 2017 US Open Pickleball
Championships on CBS Sports Network and on
Live Streaming.
Total: $71,000
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