Backup Documents 07/26/2011 Item #16F2
16F
2
\
eoltrCmmty
A.drrn~ Services Ovision
purchasirtg
Purchasing Department
3327 Tamiami Trail East
Naples, Florida 34112
Telephone: (239) 252-2667
FAX: (239) 252-6593
Email: LynWood@collierqov.net
www.collierqov.net/pu rchasinq
Memorandum
Subject:
Contract #11-5734 "2012 Tourism Agreement - Corrigan Sports Lacrosse IWLCA President's Cup"
Date:
August 10, 2011
From:
Lyn M. Wood, C.P.M, Procurement Strategist
c7fr
To:
Ray Carter, Risk Manager
This Contract was approved by the BCC on July 26,2011 Agenda Item 16.F.2
The County is in the process of executing this contract with Corrigan Sports Enterprises, Inc.
Please review the Insurance Certificate(s) for the referenced Contract.
. If the insurance is not in order. please contact the vendor/insurance company to obtain a
proper certificate. Once you receive the proper certificate(s), please acknowledge your approval
and send to the County Attorney's office via the attached Request for Legal Services.
. If the insurance is in order. please acknowledge your approval and send to the County
Attorney's office via the attached Request for Legal Services.
. ns, please contact me at the above referenced information.
C: Jack Wert, Tourism
(Please route to County Attorney via attached Request for Legal Services)
DATE RECEI VED
AUG 11 2011
RISK MANAGEMENT
~~
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G/Acq uisitions/AgentFormsandLetters/RiskMgmtReviewoflnsurance4/15/2010/16/09
16F 2 .
MEMORANDUM
Date:
August 19, 2011
To:
Lyn Wood, Contract Specialist
Purchasing Department
From:
Martha Vergara, Deputy Clerk
Minutes and Records Department
Re:
Contract #11-5734 "Tourism Agreement"
Corrigan Sports Lacrosse IWLCA President's Cup
Contractor: Corrigan Sports Enterprises, Inc.
(Corrected Memo)
Attached is one (1) original contract, referenced above (Item #16F2)
approved by the Board of County Commissioners on Tuesday, July 26,
2011.
The original has been kept by the Minutes and Records Department to
be kept as part of the Boards Official Records.
If you should have any questions please contact me at 252-7240.
Thank you.
16'F ~ 2
MEMORANDUM
Date:
August 19, 2011
To:
Lyn Wood, Contract Specialist
Purchasing Department
From:
Martha Vergara, Deputy Clerk
Minutes and Records Department
Re:
Contract #11-5734 "Tourism Agreement"
Corrigan Sports Lacrosse IWLCA President's Cup
Contractor: Corrigan Sports Enterprises, Inc.
Attached is three (3) original contracts, referenced above (Item #16F2)
approved by the Board of County Commissioners on Tuesday, July 26,
2011.
The original has been kept by the Minutes and Records Department to
be kept as part of the Boards Official Records.
If you should have any questions please contact me at 252-7240.
Thank you.
Contract #11-5734
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2-
2011/2012 TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND CORRIGAN SPORTS ENTERPRISES, INC.
THIS AGREEMENT is made and entered into this ~<.a...fhof Ju..l'j ,2011, by and
between Corrigan Sports Enterprise, Inc., a Florida 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 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 for out of market promotion of a Lacrosse sporting event
to be held in Collier County November 19 - 20, 2011 to attract overnight visitors to the area; 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 out of county
promotion of the IWLCA President's Cup Lacrosse Event (hereinafter "the Event") to be held in
Collier County.
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2' ~
2. PAYMENT:
(a) The amount to be paid under this Agreement shall be a total of Ten Thousand
Dollars ($10,000) with up to Five Thousand Dollars ($5,000.00) expended in Fiscal Year 2011
and the balance in Fiscal Year 2012, not to exceed the agreement total of $10,000. GRANTEE
shall be paid in accordance with fiscal procedures of the County for the expenditures incurred as
described in Paragraph 1 herein upon submittal of a Request for Funds on the form attached
hereto as Exhibit "D" and made a part hereof, and shall submit vendor invoices and copies of
cancelled checks or other evidence of payment to the Director of Collier County Tourism
Department, 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 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 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 maximum amount
budgeted pursuant to the attached "Exhibit F".
(f) All requests for reimbursement must be received prior to September 30, 2011 for
FY 11 and September 30,2012 for FY 12.
3. ELIGIBLE EXPENDITURES:
(a) Only eligible expenditures described in Paragraph 1 will be paid by COUNTY.
(b) COUNTY agrees to pay eligible expenditures incurred between effective date of
agreement and September 30,2012.
(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.
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4. INSURANCE:.
(a) GRANTEE shall submit a Certificate of Insurance naming Collier County Board
of County Commissioners and the Tourist Development Council as additional insureds.
(b) The certificate of insurance must be valid for the duration of this Agreement, and
be issued by a company licensed in the State of Florida, and provide General Liability Insurance
for no less than the following amounts:
BODILY INJURY LIABILITY $300,000 each claim per person
PROPERTY DAMAGE LIABILITY $300,000 each claim per person
PERSONAL INJURY LIABILITY $300,000 each claim per person
WORKER'S COlvlPENSATION AND EMPLOYER'S LIABILITY - Statutory
(c) The Certificate of Insurance must be delivered to the Tourism Director, 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 15,2012.
(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 Tourism Director.
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6. CHOICE OF VENDORS AND FAIR DEALING:
(a) GRANTEE may select vendors or subcontractors to provide services as described
in Paragraph 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 [mancial or other relationship between
GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related
employees, a~ents, 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:
Richard Lee Corrigan, President
Corrigan Sports Enterprises, Inc.
6725 Santa Barbara Ct. Suite 104
Elkridge, MD 21075
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
2800 N. Horseshoe Drive
Naples, Florida 34104
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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.
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.
5
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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 the date of approval by the
Board of Countv Commissioners and shall remain effective until September 30, 2012. 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.
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 by amendment to
this Agreement to extend the term for an additional ninety (90) days.
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, along with a final budget
analysis by October 15,2012.
19. REQUIRED NOTATION: All promotional literature and media advertising must
prominently list Collier County and the Tourist Development Council as a source of funds and
display the CVB logo with website address 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.
6
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BOARD OF COUNTY COMMISSIONERS
::LLIER~:~
FRED W. COYLE, Chairm
i0 .
een M. Greene Dcp....."'4>........~,, ftw17
Assistant County Attorney
:A::tL~
GRANTEE:
CORRIGAN SPORTS ENTERPRISES, INC.
(2)
BY:
IL Y Af'I ~I'\ COC~
Printed/Typed Name
PrintedITyped Name
~,4e:-"u;r-
Printed/Typed Title
7
2..'.....
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2'"
EXHIBIT" A"
Collier County Tourist Development Council
Preliminary Status Report
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
TITLE:
ADDRESS:
PHONE:
FAX:
-------------------------------------------------------------------
-------------------------------------------------------------------
On an attached sheet. answer the followina auestions and attach it to your
aDDlication.
PRELIMINARY INFORMATION:
Is this a first time project? If not, please give details of past projects.
Do you anticipate using area hotels in support of your project?
If so, what are the estimated hotel room nights generated by project?
What is the estimated revenue generated by this project?
What is the estimated number of participants expected to visit the project?
If project planning is in progress, what has been done, what remains to be done, and are
there any problems?
If the project planning has not been started, why?
List any planned out-of-county advertising, marketing, and/or public relations that will be
used in support of the project.
8
16F 2
EXHIBIT "B"
Collier County Tourist Development Council
Interim Status Report
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
TITLE:
ADDRESS:
PHONE:
FAX:
-------------------------------------------------------------------
-------------------------------------------------------------------
On an attached sheet. answer the followina Questions to identifv the status of the
/Jroiect. Submit this re/Jort at least Quarter Iv.
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
16F
2.
EXHIBIT "e"
Collier County Tourist Development Council
Final Status Report
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
TITLE:
ADDRESS:
PHONE:
FAX:
-------------------------------------------------------------------
-------------------------------------------------------------------
On an attached sheet, answer the followinq questions for each element in your
scope of work.
Final- These questions should be answered for your final status report.
Was this a first time project? If not, how many times has this event taken place?
What hotels/motels were utilized to support the project and how many?
What is the total revenue generated for this event?
Total expenses. (Have all vendors been paid?)
List the vendors that have been paid, if not, what invoices are still outstanding and why?
What is the number of participants that visited the project?
What is the percentage of the total participants from out of Collier County?
What problems occurred if any during the project event?
List any out-of-county- advertising, marketing, and/or public relations that was used to
support the project and attach samples.
How could the project been improved or expanded?
10
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EXHIBIT "0"
REQUEST FOR FUNDS
COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL
EVENT NAME
ORGANIZATION
ADDRESS
CONTACT PERSON
REQUEST PERIOD
FROM
TELEPHONE (
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;
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
it
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2
EXHIBIT "F"
Corrigan Sports Enterprises, Inc.
Project Budget
President's Cup
Nov 19- 20, 2011
Fundina - Not to Exceed
Out of County Print Advertising in Sports Publications and
Website Development Expenses to promote the IWLCA
President's Cup Lacrosse Event.
Up to $5,000 to be expended in Fiscal Year 2011 and the balance
in Fiscal Year 2012, not to exceed the agreement total of $1 0,000.
Total:
$10,000
12
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ACORD"
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CERTIFICATE OF LIABILITY INSU~t
ATE (MMIDDIYYYYj
08/0212011
......
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATlot4 ONLY AND CotHRS NO RIGHTS UPON THE CERTIfiCATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMA TIVEl Y OR NEGA TlVEl Y AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BElWEEt~ THE ISSUING INSURER{S), AUTHORIZED
REPRESEtUATIVE OR PRODUCER, Atm THE CERTIFICATE HOLDER.
IMPORTANT: Ifthe certificate holder is an ADDmONAllNSURED, the policy(ies} 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 COPlTACT
'lAME:
BOLLINGER. Inc. PHOPlE I fAX
101 JFK PAR"'WAY lAIC. Ih>. Edl: 800-526-1379 IAlC.Ih>.': 973-921-2876
SHORT HILLS, NJ 07078 E-MAIL
PHONE: 1-800-526-1379 FAX: 973-921-2876 AOORESS:
INSURERIS AFFORDING COVERAGE 1.IAIC.
"I SURER A: Markel Insurance Compoony
INSURED III SURER B: Everest National Insurance Company
US Lacrosse, Inc. lllSURER c:
113 West University Parl....way "!SURER 0:
Baltimore MD 21210
Re: Corrigan Sports! Naples Lacrosse "!SURER E:
III SURER f:
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...
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAlJED ABOVE FOR THE POLICY PERIOD INDICATED.
NOlWlTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY e.E ISSUED
OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POlICIE DESCRIBED HEREIN IS SUilJECT TO AlL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IIISR TYPE OF mSURANCE AOOL SUBR POLICY NUMBER POUCY Eff POllCY EXP LIMITS
LTR II!SR wvo IMINDIlIYYYYI IMINDIlIYYYYI
GENERAL LIABILITY EACH OCCtJRR5'.;CE 51,000,000
A ~ COMMERCiAl GENERAL LIABILITY DAMAGE TO REo'" TED $100,000
I CLAIMS-MADE [!] OCCUR 8502AH221W9 0110112011 0110112012 p"""^,,$,,s rEa oco..-rre-.:el
tl:D EXP IM/ "-"! oeIro'\l 55,000
X Participants Liab PERSOMI. & I'J:)V i'IJIJ;<Y $I, C-OO, 000
G8H AGGREGATE LIMIT APPLIES PER: G-~"~~ AGG?\EC-ATE .5,000,000
D POLICY D PRO- D LOC ?;<O-:)tX:TS - COM?OP AGo:; $2,000,000
JECT 5
~OUOBILE LIABILITY COIle;"'~D S\'vG'.,E L:lNT (E3 a~> 5
ANY AUTO 5
5()o:J!tY iNJU;<Y IPer oer.oo)
- AlL OWNED - SCHEDULED >
5O<:)l. Y IN.-fURY (Per 3'XIte";C}
- AUTOS - AUTOS P~Q?E,=:'TY iMMAGE 5
HIRED AUTOS NON-OWNED (Per3'~"'C)
- - AUTOS >
-.!. UMBRELLA L1AB J~:i~CUR EAC."lOCCU"R!;NCE 51,000,000
B EXCESS L1AB etA'!!.s- 4602AH221370 0110112011 01/0112012 AC-GREGATE 51,000,000
- -AOE 5
OED n RETENTION S' -
WORKERS COMPENSATION Y/N UIA I r;H- 5
AND EMPLOYERS' LIABILITY D ~~c STATU'-
O;;.Y l~k'TS
A'oY PRCflR!ETO;t?A;<TI\ER.~ClJT1VE
OfftCER.'IE'/EoE,;< EXClUDED? EL EAC-iACC{D€~'T >
(Mandatory in NHj E..L D_s:ASE - EAE'lPtOYEE 5
t 'fI!S. oescrt>2 l.f"Oer DeSC;< FPO'J 0;< E l. D&ASE - ?OLiCY LiMiT .
09ERA TlO"S t>!!l:rN
A Accident Medical 4102AH025220 01/0112011 0110112012 A.ccid€nt Limit: 5100,000
atastrophic Acc 4102AH305882 0110112011 0110112012 Cstastrophic Limit: 51,000.000
DESCRIPTION OF OPERATIOI-IS I LOCATIONS 1 VEHICLES (Attach ACORD 101, Addition~1 Remarks Schedule. if more space is requiredl
Coverage applies only to teamslleagues comprised of 100% US lacrosse member participants during scheduled & supervised lacrosse
activites. Certificate Holder is named "Additional Insured " with respect to Corrigan Sportsl Naples lacrosse.
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
Collier County Board of County COmnUsioners and Tourism Council BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELNEREO IN
ACCORDANCE WITH THE POLICY PROVISIONS.
3301 East Tamiami Trail
Naples, FI. 34112 ~
AUTHORIZED REPRESENTATIVE
01988-2010 ACORD CORPORATION. All rights f€sEl'V",d.
ACORD 25 (2010/05)
Th€ ACORD name and logo Sf€ n'gistaed mariis of ACORD
16F 2
...
MEMORANDUM
Date:
August 19, 2011
To:
Lyn Wood, Contract Specialist
Purchasing Department
From:
Martha Vergara, Deputy Clerk
Minutes and Records Department
Re:
Contract #11-5734 "Tourism Agreement"
Corrigan Sports Lacrosse Paradise CUD
Contractor: Corrigan Sports Enterprises, Inc.
Attached is one (1) original contract, referenced above (Item #16F2)
approved by the Board of County Commissioners on Tuesday, July 26,
2011.
The original has been kept by the Minutes and Records Department to
be kept as part of the Boards Official Records.
If you should have any questions please contact me at 252-7240.
Thank you.
1 C6tF~#1273~ 1
2011/2012 TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND CORRIGAN SPORTS ENTERPRISES, INe.
THIS AGREEMENT is made and entered into this ;}lc~of -.. \lA...llj-' 2011, by and
between Corrigan Sports Enterprise, Inc., a Florida corporation, hereimifter 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 for out of market promotion of a Lacrosse sporting event,
the Paradise Cup, to be held in Collier County to attract overnight visitors to the area; 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 out of county
promotion of the Paradise Cup Lacrosse Event (hereinafter "the Event") to be held in Collier
County November 4 - 6, 2011.
1
16F 2 ,
2. PAYMENT:
(a) The amount to be paid under this Agreement shall be a total of Ten Thousand
Dollars ($10,000) with up to Five Thousand Dollars ($5,000.00) expended in Fiscal Year 2011
and the balance in Fiscal Year 2012, not to exceed the agreement total of $10,000. GRANTEE
shall be paid in accordance with fiscal procedures of the County for the expenditures incurred as
described in Paragraph 1 herein upon submittal of a Request for Funds on the form attached
hereto as Exhibit "D" and made a part hereof, and shall submit vendor invoices and copies of
cancelled checks or other evidence of payment to the Director of Collier County Tourism
Department, 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 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 Cler~ 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 maximum amount
budgeted pursuant to the attached "Exhibit F".
(f) All requests for reimbursement must be received prior to September 30, 2011 for
FY 11 and September 30,2012 for FY 12 to be eligible for payment.
3. ELIGIBLE EXPENDITURES:
(a) Only eligible expenditures described in Paragraph 1 will be paid by COUNTY.
(b) COUNTY agrees to pay eligible expenditures incurred between effective date of
agreement and September 30, 2012.
(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.
2
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'4
4. INSURANCE:
(a) GRANTEE shall submit a Certificate of Insurance naming Collier County Board
of County Commissioners and the Tourist Development Council as additional insureds.
(b) The certificate of insurance must be valid for the duration of this Agreement, and
be issued by a company licensed in the State of Florida, and provide General Liability Insurance
for no less than the following amounts:
BODILY INJURY LIABILITY $300,000 each claim per person
PROPERTY DAMAGE LIABILITY $300,000 each claim per person
PERSONAL INJURY LIABILITY $300,000 each claim per person
WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY - Statutory
(c) The Certificate of Insurance must be delivered to the Tourism Director, 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 15, 2012.
(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 [mal status report until the County receives the interim
status report or final status report or other report acceptable to the Tourism Director.
3
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,
l
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 fmanciaI 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:
Richard Lee Corrigan, President
Corrigan Sports Enterprises, Inc.
6725 Santa Barbara Ct. Suite 104
Elkridge, MD 21075
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
2800 N. Horseshoe Drive
Naples, Florida 34104
4
16F 2
"
J
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.
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. A V AILABILITY OF RECORDS: GRANTEE shall maintain records, books,
documents, papers and financial information pertaining to work performed under this Agreement
5
16F 2 1
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 on the date of approval by the
Board of County Commissioners and shall remain effective until September 30, 2012. 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.
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 by amendment to
this Agreement to extend the term for an additional ninety (90) days.
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, along with a fmal budget
analysis by October 15, 2012.
19. REQUIRED NOTATION: All promotional literature and media advertising must
prominently list Collier County and the Tourist Development Council as a source of funds and
display the CVB logo with website address 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.
6
:;~
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.
BOARD OF COUNTY COMMISSIONERS
COLLiER COUNTY, FLORIDA
By:
"!
WITNESSES:
(1)/ft ~~~-
GRANTEE:
CORRIGAN SPORTS ENTERPRISES, INC.
',!,
;
A.YAf'J HEAc.ocl<
Printed/Typed Name
7
16F 2
1
j
~
EXHIBIT" A"
Collier County Tourist Development Council
Preliminary Status Report
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
TITLE:
ADDRESS:
PHONE:
FAX:
-------------------------------------------------------------------
-------------------------------------------------------------------
On an attached sheet. answer the followina Questions and attach it to vour
aDDlication.
PRELIMINARY INFORMATION:
Is this a first time project? If not, please give details of past projects.
Do you anticipate using area hotels in support of your project?
If so, what are the estimated hotel room nights generated by project?
What is the estimated revenue generated by this project?
What is the estimated number of participants expected to visit the project?
If project planning is in progress, what has been done, what remains to be done, and are
there any problems?
If the project planning has not been started, why?
List any planned out-of-county advertising, marketing, and/or publiC relations that will be
used in support of the project.
8
16F 2 '1
EXHmIT "B"
Collier County Tourist Development Council
Interim Status Report
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
TITLE:
ADDRESS:
PHONE:
FAX:
-------------------------------------------------------------------
-------------------------------------------------------------------
On an attached sheet answer the followina auestions to identifv the status of the
Droiect. Submit this reDort at least auarterlv.
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
16F 2 .
EXHIBIT "e"
Collier County Tourist Development Council
Final Status Report
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
ADDRESS:
PHONE:
TITLE:
FAX:
-------------------------------------------------------------------
-------------------------------------------------------------------
On an attached sheet answer the following Questions for each element in vour
scooe 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
16F 2 ,
EXHIBIT "0"
REQUEST FOR FUNDS
COLLIER COUNTY TOURIST DEVELOPMENT COUNCil
EVENT NAME
ORGANIZATION
ADDRESS
REQUEST PERIOD
REQUEST#
( ) INTERIM REPORT
FROM
TELEPHONE (
TO
CO NT ACT PERSON
( ) 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 infonnation to substantiate payment mY!! 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 perfonned 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 infonnation may constitute a violation of applicable State and Federal laws.
CERTIFICATION OF FINANCIAL OFFICER: I certify that the above infonnation 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
16F 2 f,t
EXHIBIT "F"
Corrigan Sports Enterprises, Inc.
Project Budget
Paradise Cup
Nov 4- 6, 2011
FundinQ - Not to Exceed
Out of County Print Advertising in Sports Publications and
Website Development Expenses to promote the Paradise Cup
Lacrosse Event.
Up to $5,000 to be expended in Fiscal Year 2011 and the balance
In Fiscal Year 2012, not to exceed the agreement total of $10,000.
Total:
$10,000
12
THIS CERTIFICATE IS ISSUED AS A MAITER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER{S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: Ifthe certificate holder is an ADDmot~AlINSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject
to the terms and conditions ofthe policy, certain policies may require an endorsement. A statement on this certificate does not confer
rights to the certificate holder in lieu of such endorsement{s).
PRODUCER COIITACT
IIAME:
BOLLINGER, Ine. PHOIIE I FAX
101 JFK PARKWAY lAiC. 110. En): 800-526-1379 (AlC.Il<I.\: 973-921-2876
SHORT HILLS, NJ 07078 E-MAIL .
PHONE: 1-300-526-1379 FAX: 973-921-2876 ADDRESS:
INSURERISI AFFORDING COVERAGE NAICfI
ill SURER A: !darkellnsurance Company
INSURED INSURER B: Everest National Insurance Company
US Lacrosse, inc. IlI$URERC:
113 West University Parkway III SURER D:
Baltimore j\ID 21210
Re: Corrigan Sportsl Naples Lacrosse IIlSURER E:
IlISURERF:
~
ACORD"
~
COVERAGES
CERTIFICATE OF LIABILITY INSURANCE
DATE (MMJDDNYYY)
0810212011
.......
'"
"
f\)
.~-'t' .
o;"fYiiIb.
CERTIFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ASOVE FOR THE POLICY PERIOD INDICATED.
NOlWlTHSTANDING AAY REQUIREMENT, TERM OR CONDITION OF AAY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE M....Y BE ISSUED
OR IAAY PERTAIN. THE INSURANCE AFFORDED BY THE POlICIE DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. LIMITS SHOWN IAAY HAVE SEEN REDUCED BY PAID CLAIMS.
ItISR TYPE OF INSURANCE. ADOL SUBR POLICY NUMBER IIPOUCY EFF POUCYEXP LIMITS
LTR 1I1$R VWD MWD!lIYYYYI IMfNDllIVYYYI
GENERAL UABILlTY EA(;;-lOCCURRENCI.: 51,000,000
A X COMMERCiAl GENERAL LIABILITY DNJAGE TO R5~1EO 5100,000
I CLAII.IS-IAADE [!] OCCUR 8502AH221369 01/0112011 01/0112012 PREMISES rE300c\..rr~1
MiOQ EXi' IAAlo:>e P"J'SCl'l1 55,000
X Participants Liab p::.~~ &ArN WJlJRY .$1,000,000
(;EN'l AGGREGATE lIWT APPLIES PER: GENERAl AGC...=tEGATE $5,000,000
~ POliCY 0 PRO- 0 lOC PRomJCTS - COM?~ AC-G $2,000,000
JECT 5
rMITOIdOBILE LIABILITY COIlSlNlEO S<!lQE lllAlT IE3 <>~ 5
ANY AUTO EOojl. Y iNJURY t?er CEr.o'lI S
!-- AlL OWNED ~ SCHEDULED EOoX Y WUJ;,y t?er ..:r..l:l=<tl $
- AUTOS f-- AUTOS PRClf'ERTY DNI.AGl: $
HIRED AUTOS NON-oWNED t?er ..XI:le"()
f-- AUTOS S
-
~ UMBRELLA L1AB J:::iOCCUR EAc..:..tOCCUR..~CE $1,000,000
B EXCESS L1AB CO.AiMS- 4602AH221370 01/0112011 0'110112012 AC..c,~C-ATE $1,000,000
- ~ADC $
OED n RETENTION S
WORKERS COMPENSATION V/N 'H A I ~;r.- 5
D ~~\'C STATU- ="
AND EMPLOYERS' LIABILITY Oi\YUMlTS
ANY Pi'lO?'U:TOitI'A:nl\'E."'~C1.ITIVE E.L EA(;;-lACi:ID5"T 5
OFFICERI....EM&:." EXClU>jED? $
(Mandatory in tlH) E..L iY~-EAEM.DlOYEE
~yes.~ \ElEr DESCI'i\P1101< OF EL D:iSEASE - PoucY lIMrT S
OPERATIONS 1>!loW
A Accident Medical 4102AH025220 01/0112011 01/0112012 ~ccid"'nt Limit: S100,OOO
Catastrophic Acc 4102AH305882 01/0112011 0110112012 Csta;uophic Limit: Sl.000,000
DESCRIPTIOU OF OPERATIOUS / LOCATIONS / VEHICLES (Attach ACORD 101. Additional Remarks Schedule. if more space is required)
Coverage applies only to teamslleagues comprised of 100% US lacrosse member participants during scheduled & superviSed lacrosse
activites. Certificate Holder is named '.Additionallnsured .. with respect to Corrigan Sportsl Naples lacrosse.
CERTifiCATE HOLDER
CANCELLATION
SHOULD ANY Of THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOf, NOTICE WILL BE DELIVERED IN
Collier County Board of County Commisioners and Tourism Council ACCORDANCE WITH THE POLICY PROVISIONS.
3301 East Tamiami Trail
Naples, FL 34112 ~
AUTHORIZED REPRESEI-lTATIVE
ACORD 25 {20 1 0/05)
@1988-2010 ACORD CORPORATIOI4. All rights ressved.
The ACORD name and logo Sfe registged maJt.s of ACORD
16 F 2 -
MEMORANDUM
Date:
September 23, 2011
To:
Brenda Reaves, Contract Technician
Purchasing Department
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Contract #11-5734: FY 11/12 Tourist Development
Tax Category B Grant Agreement
Contractor: Naples International Film Festival, Inc.
Attached is an original copy of the contract referenced above (Item #16F2)
approved by the Board of County Commissioners on Tuesday, July 26,2011.
The second original contract will be held in the Minutes and Records
Department for the Board's official record.
If you have any questions, please contact me at 252-8406.
Thank you.
Attachment
16 F 2
County
Purchasing Department
3327 Tamiami Trail East
Naples, Florida 34112
Telephone: (239) 252-2667
FAX: (239) 252-6593
Email: LynWood@collierqov.net
www.collierqov.net/pu rchasinq
Adminismmve Services 0Visi00
Purchasing
Memorandum
Subject:
Date:
Contract #11-5734 "2012 Tourism Agreement - "Qrri~9n ~r()rt~ I ::Ir'rQi€e ParaaiGC CUI3" y
August 22, 2011 . J1.;r (L ht.M ~7/~
Lyn M. Wood, C.P.M, Procurement Strategist h (I
Ray Carter, Risk Manager
From:
To:
This Contract was approved by the BCC on July 26, 2011 Agenda Item j.6.F.2 r
:CPT(L l-rt:.M. /-e-sny"'/'r'-
The County is in the process of executing this contract with CorrigaA SpeAs Ente.~. i::;t#::>, Inc. -...
Please review the Insurance Certificate(s) for the referenced Contract.
. If the insurance is not in order. please contact the vendor/insurance company to obtain a
proper certificate. Once you receive the proper certificate(s), please acknowledge your approval
and send to the County Attorney's office via the attached Request for Legal Services.
. If the insurance is in order. please acknowledge your approval and send to the County
Attorney's office via the attached Request for Legal Services.
If you have any questions, please contact me at the above referenced information.
Risk
9,(/
~
"
C:
Jack Wert, Tourism
wt~
~ \"11"11\ ~
M'Ir REttJvm
AUG 2 3 2011
RISK HAHAGfHEN I
(Please route to County Attorney via attached Request for Legal Services)
G/Acq uisitions/AgentFormsandLetters/RiskMgmtReviewoflnsurance4/15/2010/16/09
16 F 2 f
2011/2012 TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND NAPLES INTERNATIONAL FILM FESTIVAL, INC.
THIS AGREEMENT is made and entered into this ~-Itt day of. k{~, 2011,
by and between NIFF, Inc. (The Naples International Film Festival), 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 out of Collier County marketing and advertising; 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 out of Collier County marketing
and advertising of the 2011 Naples International Film Festival (hereinafter "the Project").
2. PAYMENT:
(a) The amount to be paid under this Agreement shall be a total of Twenty Thousand
Dollars ($20,000), with up to Ten Thousand Dollars ($10,000) expended in Fiscal Year 2011 and
the balance in Fiscal Year 2012, not to exceed the agreement total of $20,000. GRANTEE shall
be paid in accordance with fiscal procedures of the County for the expenditures incurred as
described in Paragraph 1 herein upon submittal of a Request for Funds on the form attached
1
16F 2
J
hereto as Exhibit "D" and made a part hereof, and shall submit vendor invoices and copies of
cancelled checks or other evidence of payment to the Director of the Collier County Tourism
Department, 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 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 line item budget attached as Exhibit "F"
shall constitute authorization for the expenditure ( s] described in the invoice( s].
(c) All expenditures shall be made in conformity with this Agreement.
(d) The COUNTY shall not pay GRANTEE until the Clerk of the Board of County
Commissioners pre-audits all payment invoices in accordance with law.
(e) GRANTEE shall be paid for its actual costs, not to exceed the total amount for
any line item nor the maximum amount budgeted pursuant to the attached "Exhibit F". The
amounts applicable to the various line items of Exhibit "F", subject to the maximum total
amount, may be increased or decreased by up to ten percent (10%) at the discretion of
GRANTEE. Adjustment in excess of ten percent (10%) of any line item may be authorized by
the County Manager or his designee.
(f) All requests for reimbursement must be received prior to September 30, 2011 for
FY 11 and September 30, 2012 for FY 12 to be eligible for payment.
3. ELIGIBLE EXPENDITURES:
(a) Only eligible expenditures described in Paragraph 1 will be paid by COUNTY.
(b) COUNTY agrees to pay eligible expenditures incurred between the effective date
of this agreement and September 30, 2012.
(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.
2
16 F 2 ·
4. INSURANCE:
(a) GRANTEE shall submit a Certificate of Insurance naming Collier County Board
of County Commissioners and the Tourist Development Council as additional insureds.
(b) The certificate of insurance must be valid for the duration of this Agreement, and
be issued by a company licensed in the State of Florida, and provide General Liability Insurance
for no less than the following amounts:
BODILY INJURY LIABILITY $300,000 each claim per person
PROPERTY DAMAGE LIABILITY $300,000 each claim per person
PERSONAL INJURY LIABILITY $300,000 each claim per person
WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY - Statutory
(c) The Certificate of Insurance must be delivered to the Tourism Director, 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 15,2012.
(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 Tourism Director.
3
16F ,2 ">~
6. CHOICE OF VENDORS AND FAIR DEALING:
(a) GRANTEE may select vendors or subcontractors to provide services as described
in Paragraph I.
(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 certified mail to the GRANTEE at the following address:
Tim Rowe, COO
NIFF, Inc.
720 Belair Court
Naples, FL 34103
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
2800 N. Horseshoe Drive
Naples, Florida 34104
4
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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.
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.
5
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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 the date of approval by the
Board of County Comissioners and shall remain effective until September 30, 2012. 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 original 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 Tourism Director, or his designee, along with a final budget analysis by
October 31,2012.
18. REQUIRED NOTATION: All promotional literature and media advertising must
prominently list Collier County and the Tourist Development Council as a source of funds and
display the CVB logo with website address to qualify for reimbursement.
19. AMENDMENTS: This Agreement may only be amended by mutual written
agreement of the parties, after review by the Collier County Tourist Development Council if
warranted.
20. 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.
6
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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.
!;.;.,.,:. r~~~:~rf:)o
,<\;.~oQ "'. ~.... .ere.
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A TTES~. .../~ .~,,~). ".f
#, '_" ""_ t.t ".,.~" . \1:.....
DWIGWB;\!3ROC;(~teit
~." .~..
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WITNESSES:
(1) t)W{ktJA>>
Itl v/1tVl'JA rlru..A.i-
Printed/Typed Name
(2v/!-~~
(Lv~ 5t4tfld
Printed/Typed Name
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: '1uJ-W. ~
FRED W. COYLE, Chairm .
GRANTEE:
NIFF, INC.
By:d ~.
~D
/ J m r-...DuJ L
Printed/Typed Namc +.
fuzyd -f,tS ide t1,
PrintedlTyped Title
7
4
16F 2
EXHIBIT "A"
Collier County Tourist Development Council
Preliminary Status Report
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
TITLE:
ADDRESS:
PHONE:
FAX:
-------------------------------------------------------------------
-------------------------------------------------------------------
On an attached sheet. answer the followina Questions and attach it to your
application.
PRELIMINARY INFORMATION:
Is this a first time project? If not, please give details of past projects.
Do you anticipate using area hotels in support of your project?
If so, what are the estimated hotel room nights generated by project?
What is the estimated revenue generated by this project?
What is the estimated number of participants expected to visit the project?
If project planning is in progress, what has been done, what remains to be done, and are
there any problems?
If the project planning has not been started, why?
List any planned out-of-county advertising, marketing, and/or public relations that will be
used in support of the project.
8
16 F2
EXHIBIT "B"
Collier County Tourist Development Council
Interim Status Report
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
TITLE:
ADDRESS:
PHONE:
FAX:
-------------------------------------------------------------------
-------------------------------------------------------------------
On an attached sheet, answer the followina Questions to identifv the status of the
proiect. Submit this report at least Quarterlv.
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
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EXHIBIT "e"
Collier County Tourist Development Council
Final Status Report
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
TITLE:
ADDRESS:
PHONE:
FAX:
-------------------------------------------------------------------
-------------------------------------------------------------------
On an attached sheet. answer the followina Questions for each element in your
scope of work.
Final- These questions should be answered for your final status report.
Was this a first time project? If not, how many times has this event taken place?
What hotels/motels were utilized to support the project and how many?
What is the total revenue generated for this event?
Total expenses. (Have all vendors been paid?)
List the vendors that have been paid, if not, what invoices are still outstanding and why?
What is the number of participants that visited the project?
What is the percentage of the total participants from out of Collier County?
What problems occurred if any during the project event?
List any out-of-county- advertising, marketing, and/or public relations that was used to
support the project and attach samples.
How could the project been improved or expanded?
10
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EXHIBIT "0"
REQUEST FOR FUNDS
COLLIER COUNTY TOURIST DEVELOPMENT COUNCil
EVENT NAME
ORGANIZATION
ADDRESS
CONTACT PERSON
REQUEST PERIOD
FROM
TELEPHONE (
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;
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
EXHIBIT "F"
2011 Naples International Film Festival, Inc.
Project Budget
16 F 2 4
Fundina - Not to Exceed
Out of Collier County marketing and advertising expenses
to include print, television, website ads and social media site ads.
Up to $10,000 to be expended in Fiscal Year 2011 and the balance
in Fiscal Year 2012, not to exceed the agreement total of $20,000.
Total:
12
$20.000
$20,000
16F 2 ,
I
.----,
ACORD' CERTIFICA TE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY)
~ 07/13/2011
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Insurance Products & Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
(239)591-t028Fax:23~91-2089 ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
2061 Trade Center Way
Naoles FL 34109 INSURERS AFFORDING COVERAGE NAIC#
INSURED NIFF,lnc. INSURER A: Hartford Casualty Insurance Comoanv
D/B/A: Naples International Film Festival INSURER B:
2338 Immokalee Road Suite 110 INSURER c:
Naples FL 34119 INSURER D:
I INSURER E:
COVERAGES
THE POLlCIESOFINSURANCELlSTEDBELOWHAVE 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~ ~~ POLICY NUMBER I !'9.,b!.CY EFFEC11VE PO\..ICY EXPIRATION UMITS
~ERAL UABlUTY EACH OCCURRENCE $ 1,000,000
A Y x COMMERCIAL GENERAL LIABILITY 21 SBMZl1 074 08101/2011 08101/2012 DAMAGE TO RENTED $ 300,000
I CLAIMS MADE [i] OCCUR MED EXP IArw one oerson) $ 10,000
~ PERSONAL & AnV INJURY $1,000,000
- GENERAL AGGREGATE $ 2,000,000
~'LAGGREn LIMIT APMS PER: PRODUCTS - COMPIOP AGG $ 2,000,000
X POLICY ~~g: LOC
~TOM08lLE UABlUTY COMBINED SINGLE LIMIT $
AtffAUTO (Ea accident)
-
- ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per person)
-
- HIRED AUTOS BOOIL Y INJURY
$
- NON-OWNED AUTOS (Per accident)
- PROPERTY DAMAGE $
(Per accident)
GARAGE UABlUTY AUTO ONLY - EA ACCIDENT $
~. Atff AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS I UMBRELLA UABIUTY EACH OCCURRENCE $
~'OCCUR D CLAIMS MADE AGGREGATE $
$
==l DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION I we STATU- I IOJ.l;i-
AND EMPLOYERS' UABlUTY Y/N
ANY PROPRIETORlPARTNERlEXECUTND EL EACH ACCIDENT $
OFFICERlMEMBER EXCLUDED?
(Mandatory In NH) EL DISEASE - EA EMPLOYEE $
~~~~~~V~NS below EL DISEASE - POLICY LIMIT $
OTHER
DESCRlP110N OF OPERATIONS I LOCA11ONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
non-for prof'lt film organization
Certificate holder is listed as an additional insured in respects to the general liability coverage
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THEASOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Collier County Government DATE THEREOF. THE ISSUING INSURER WIll. ENDEAVOR TO MAIL ~ DAYS WRITTEN
3327 Tamiami Trail East NOllCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR UABlUlY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
Naples, FL 34112 REPRESENTATIVES.
Phone: AUTHORIZED REPRESENTATIVI /) j/~ <JV>
I Fax: -
ACORD 25 (2009101) @ 1988-2_ r~ /7 reserved.
IbeACORD name and /oao are reQistered I1laIb of ACORD
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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).
DISCLAIMER
This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized
representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2009101)
DeLeon Diana
16 F 2
'1
From:
Sent:
To:
Cc:
Subject:
Tim Rowe [tim@naplesfilmfest.com]
Monday, August 22, 2011 11 :37 AM
DeLeon Diana
'Janice Vasquez'; 'Shannon Franklin'; 'Evelyn Cannata'
NIFF, Inc. and Worker's Compensation Insurance
Importance:
High
Hi Diana:
NIFF, Inc has only one employee, therefore according to the information provided by the State of Florida (see
below) we are not required to carry a worker's compensation insurance policy.
Please let me know if I can provide any other information.
Best regards,
Tim
Division of Workers' Compensation
Frequently Asked Questions
Employer FAQs
. Who needs Workers' Compensation coverage?
Who needs Workers' Compensation coverage?
· If you are in an industry, other than construction, and have four (4) or more employees, full-time or part-
time, you are required to carry workers' compensation coverage (an exempted corporate officer does not
count as an employee).
· If you are inthe construction industry, and have one (1) or more employees (including yourself), you are
required to carry workers' compensation coverage (an exempted corporate officer or member of a
limited liability company does not count as an employee).
· If you are a state or local government, you are required to carry workers' compensation coverage.
· If you are a farmer, and have more than five (5) regular employees and/or twelve (12) or more other
workers for seasonal agricultural labor lasting thirty (30) days or more, you are required to carry
workers' compensation coverage.
If you have additional questions, contact the Customer Service Unit at (850)413-1601.
. Reference: Section 440.02(17), Florida Statutes.
tim rowe
1
board president
Naples International Film Festival
239-877 -2819
www.naplesfilmfest.com
16F 2
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