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Backup Documents 09/29/2009 Item #16F 4 16F 4 MEMORANDUM Date: December I, 2009 To: Lyn Wood, Contract Specialist Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes and Records Department Re: Agreement #09-5321 "2010 Tourism Grant Agreement" Contractor: United Arts Council of Collier County Attached is the original contract referenced above (Agenda Item #16F4), approved by the Board of County Commissioners September 29, 2009. The Minutes & Records Department has held an original copy for the Board's record. ~ If you should have any questions, please contact me at 252-8406. Thank you. Enclosure LL ~. ~ J/'^. ./1- VY" ~1'S'tj?A .' ... . \~ DO NOT WRITE ABOVE THIS LI E . DJ}J)E 16F 4 ~-ECEIVED: ,. t . ......... , .~ '-/" J , '1 ROUTED TO: / " / ,..( ~, ,- " .' " /' REQUEST FOR LEGAL SERVICES '/ )\4 ~: October 14, 2009 -io: ~ Office of the County Attorney (> ff Klatzkow C0 FrcSih: L M. Wood, C.P.M., Contract Specialist urchasing Department, Extension 2667 ~~ ~o....c..Jr> ~~\?\~ ~ "130 C..j , .' ...'-.... '-' . -' Contract: #09-5321 "2010 Tourism Grant Agreement" Contractors: Southwest Florida Land Preservation Trust V United Arts Council of Collier County q, BACKGROUND OF REQUEST: This item has not been previously submitted. This Contract was approved by the BCC on September 29, Agenda Item 16.FA Contract review and approval. ~~,~ \\\ 1-~ \0') ACTION REQUESTED: OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. ,/' C: Jack Wert, Tourism // ~ 0(~ / \ ~ ')..1\\ . r. I r'~ ~~ -_....- ~/ , /i /1/ 16F 4 MEMORANDUM DATE: Ray Carter Risk Management Department Lyn M. Wood, C.P.M., Contract Specialist;:t. Purchasing Department IJ~ October 14, 2009 TO: FROM: RE: Review Insurance for Contract: #09-5321 "2010 Tourism Grant Agreement" Contractors: ;iouthwest Florida Land Preservation Trust (United Arts Council of Collier County This Contract was approved by the BCC on September 29, 2009, Agenda Item 16.FA Please review the Insurance Certificates for the above referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. dod/LMW C: Jack Wert, Tourism IM1't MttIVED OCT 1 5 2009 IUSK IWWiEHEH1 ./~.~,a ~~~;:;~ /~~#y www.sunbiz.org - Department of State 16 F 4age I of 3 Home Contact Us E-Filing Services Document Searches Forms Help Event~ N_~rne History_ !Entity Name Search Submit I Previou~___QJLkLst N.~~t on List Return To List Detail by Entity Name Florida Non Profit C~()rlltion UNITED ARTS COUNCIL OF COLLIER COUNTY, INC. Filing Information Document Number 755717 FEI/EIN Number 592070580 Date Filed 12/30/1980 State FL Status ACTIVE Last Event NAME CHANGE AMENDMENT Event Oate Filed 05/08/1992 Event Effective Date NONE 'principal Address 2335 TAMIAMI TRAIL NORTH 504 NAPLES FL 34103 US Changed 01/09/2006 Mailing Address 2335 TAMIAMI TRAIL NORTH 504 NAPLES FL 34103 US Changed 01/09/2006 Registered Agent Name & AddrEl~~ ELAINE HAMILTON 2335 TAMIAMI TRAIL NORTH 504 NAPLES FL 34103 US Name Changed: 02/26/2004 Address Changed: 01/09/2006 Officer/Director Detail Name & Address Tille D RAY, TOM 7299 STONEGA TE NAPLES FL 34109 Tille D http://WWW.Slll1hiz.org/scripts/eordct.exe')uet;oIYccl)I.:'11,'1 1,&il1(1 doc 1111ll1hcr'755717&inq.. 9/1/2()()') wW':".sunbiz.org - Department of State BRINGARDNER. TOM 2220 IMPERIAL GOLF COURSE BLVD. NAPLES FL 34110 US Title 0 SOREY. OELORES 220 GULF SHORE BLVD. N. NAPLES FL 34102 Title 0 KHORASANTCHI, MALLY 8930 BAY COLONY DRIVE #1503 NAPLES FL 34108 Title PO L1CKHAL TER. MERLIN 6825 GRENADIER BLVD. #601 NAPLES FL 34108 Annual Reports Report Year Filed Date 2007 01/09/2007 2008 01/07/2008 2009 01/14/2009 Document Images 01/14/2009 -- ANNUAL REPORT 01/07/2008.. ANNUAL REPORT 01/09/2007 -- ANNUAL REPORT 01/09/2006.. ANNUAL REPORT 01/06/2005" ANNUAL REPORT 02/26/2004" ANNUAL REPORT 01/21/2003 -- ANNUAL REPORT 03/31/2002 -- ANNUAL REPORT 02/15/2001.. ANNUAL REPORT 02/07/2000 -- ANNUAL REPORT 03/01/1999" ANNUAL REPORT 02/23/1998 -- ANNJLAL REPORT 05/08/1997.. ANNUAL REPORT 03/26/1996 -- ANNUAL REPORT 06/08/1995 -- ANNUAL REPORT 16 F I.fage 2 01'3 View image in PDF format View image in PDF format View image in POF format View image in POF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format [-~~_.__._-".., '-~---""-'----"--"~-J ,~"~!:_:_!~is is ~ot official r:.::~.~~:__~~___~~uments if ques~.!<:~...9~.__~_<:~~IiC!:_ Events Name History Ne~t onJ~j~J Return To List jEntity Name Search Submit I pr~\j!OUS on List I Home I Cont_del w; I UOCUI1H'11( 5cal"cIH-'S I I' Fili:H) 5('("'/1((',; I hmllc; i Ill"p I Cl[1YliC]"I(" .;IH.I 1'1 1 \I Ci (I,' Poli<:ltcs hllp:l/www.sunbiz.org/seripts/cordel.exe?aclio11J)\ 11:1I.&i11q doc number 755717&inlL... 911 !:2009 wW".'.sunbiz.org - Department of State Page 3 01'3 16F4 [llpYliqllt ,.(" )007 ~;',llc ul ilul"ldd. Ocparlfih>llt oi Stdle, http://www.sllnbiz.org/scripts/eordel.cxe.!aelioIYDI.:n..1 L& inq doc nllmber c75571 7&imL... 9/1 /2009 ),,,,,,, Reviewer Initials: .; v 'K\.--- D," mi70 j 09 04,COA,o,o3o!in RLS# O'1-n~- CHECKLIST FOR REVIEWING CONTRACTS I7F (bL.Lilir) (In<< 101' -.LNO No Entity Name: (JIU17f/) 1}11r, (PO<IM,r,!.- Entity name correct on contract? Entity registered with FL Sec. of State? Yes .....LYes Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &/or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ 3/J{i) f}f)tJ Products/CompVOp Required $ Personal & Advert Required $ Each Occurrence Required $________ Fire/Prop Damage Required $ Automobile Liability Bodily Inj & Prop Required $ )tJ(!J/&C. Pwvided $ Workers Compensation Each accident Required $- ,~ 'f . Disease Aggregate Required $ __J Pt Disease Each Empl Required $~l..'... Umbrella Liability Each Occurrence Provided $ Aggregate Provided $ Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ Per Aggregate Required $ Other lnsurance Each Occur Type: ,_c/Yes No ./ Yes No VYes No ~es No Provided $ '"Z J\A I L Exp. Date 2/ Z f) ! /(J Provided $ ('f-t' l" tfiJ> Exp. Date __,_LL_ Provided $ \( Exp. Date ( r Provided $ _LlcU.L_ Exp. Date ( , Pwvided $J.~CPk'__ Exp. Date I I Exp Date Exp Date C{'/I S I (() r I Exp Date t , Exp Date /, Provided $ Jf2Q,1LCP___, Provided $ .---!i________ __ Provided $ S"co i ~ C' Exp Date Exp Date Yes No Provided $ Provided $ Exp. Date Exp. Date Required $___ Provided $ County required to be named as additional insured? County named as additional insured? _~es -CL'.. Y es No No Indemnification Does indemnification meet County standards? Is County indemnifying other party? _..J.L: Yes Yes No VNo Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond _~_.__.._,_____ Does dollar amount match contract? Agent registered in Florida? Yes No Yes Yes No No Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? Yes Yes Yes _.V~Yes /No .....JL"N 0 ~No No VYes ....J.C_Yes i.L Yes No No No Attachments Are all required attachments included? ,_ V:~Y es No !Jftft4 ~t.Q. "j{-.Jt,"' 1)11,><,I,A-rcf,<'t ., Sle~ O'v \fJ If'" .:c, ~/ '{i\' ( (l~) V\~~ NO Q"uto Exp Date ~ \ ,./ . ,,/1.,;1 11 Jt1-- J "J-;J /~,:^' v~Y' Al!. J ii\!' ~.:"O P- ..-if"'i I , ~ , '>-- . ,<J""-::" " ,,(~ Col- . W' '" jt:. V '~l[" ft~~r~~~1 I!, /,,,-.ct /" 01/ 11/20/2009 14:03 2392633830 UAC PAGE 01/01 ~~II~ United Arts Council ofCollierCounty ScrvinJ:; Colfiel' t:.iMlIlty's II Art~J/ Cllmmtmily: Mll~ic . UanCf. Theatre. UtI;T.,ry Arts . fuiWI MI1!it'llm.~ . Film. P,lintin.t:. Sr.:ulpt1.lre . PIKltOW"J/llhy Envimnmtttta! Am . Architecture o..~, Enr/ehill:kvcsand!ilrongtlwll'lifl~1.lUI" commul'lll)' rlltl.'\1{lh tb~ ~r rJ rht:lnll ~fI'I Pocm AmvI: UI'lIr~;'\I'(I~thcloc:~nmCf1l~lOit'{ Am oonoorn fur ftt-lilIk.'lfUdemjl GJmmunh'l ~ll~lch services in d,c mJ.1 Bootdofr>mx"", ~PatAnlor1.rnl,Fr'7ItPirtCA/mlGTr.1l/> Ptmdmt-Ekct M~l~ K1ll'It'I""ltchi, Affitt TmI!iUret'lJj~^IV.N~TfItlt S~iS\l<ml Mrnll\Volril'{l,Cla.tocCItam1)?'1"C()r..~ Din!ctOO: JerrAl'br:ttm,Prci1CJ1t,Edi'fll'\SUl'eCt)~,Natkl lillTlBr;r.gi'lldncr,Pn:i'dl!l1tPll!lllbI~ A[l~ll dark Brown, A1rM~ RQIl[' Mmy Evet(:tt,]Jm R. Wood 1Wt~ G;'Iill~Arti~er M;'Irk Klym,A~tIl1'~, Samool, Wlnl/rrtp & WAlton Jormtlmn Kukk. KukkAn:htJel:rwc 5' ~~ Felix: Mehler, C~"", & (iligs!ry &mdi Mamn, ^rt~ Patrtm T\l~"RilYIPrcsrlrnt, ErIctll't!13arllc J()Al\n Sm~llwood, Sml1lluondi'l:.l~ Olarlil:: lhmn.l~, Aflfllm'mian lXw!opmem RazTr.lVlq,RrnTTflIIillnfcrim; Mmi1yn Varcor:, ~1.D., P."",JtdogiM T~m 'iX'C/\'I'Tmn, AlT~ll Rm=c Z~I F1~~ht!f "~Jll'ljlXlll AfdJim::'w E.-OfficiOl DonTlll Fi~l'\, Collier COlIllI) Cammi.i;tm John Sorey, N..lbCit:tCcr61Cl1 KarhJC!erI Cumtolc. CcIlier Olmry Sc/'OO. Boord CnfT!ot.'ltcAdvi5oryGrrlUr: K:!thv &d1~t, Nc$b lIlK.\!n1tm Stot Olngt(!~~, Cnn:rm Jewder.; Kim Occ.wdli Kllntor, CicClll'l!1l1 IIIl". Smlm Claudine l~r,W~tzd. Stock DMI~{mlCr:f Tcrry McM:th;'l''l, Infcrnl1nol1al Cnll~#- Thom;'l~ M~lrim. M""m1 Auet MaMj;t"mcnt Group ";":l.mmll!! Nt!I'ri~t'k, ErnlDmi~ DeoolollTl'1{'I'Ir Council R~V Pm.~hbn, PKStwdios Mich:lcl R~f!!t'I, Ni1/lb Cham/)!f nf (:';'mm('l'cc Chri5topher Schill:, Pt.bll>l1cr, Gu~:\I1()rr. Ml'tli!l- kllnnc Seewald, Hahn lotm & Parkl J:lck. Wert, CIll'Iwtu1tlll Sf VisitOl'! l3ureau Elai"'~ H\l.milton, EXfcrm r}itectD~ J~nlcc I'iline, ProRf/lm Ml.lnagtt Andy Brow,,!:, Ptr;lgmrn MI.lI'1O[e1' D~wn Grundcmnn, Qrncc M(l~af.e1 l.ll,) T~m;llrTli Tr,lH NOl1h, *~ N:!pl~,Fl(>titm31IOJ-+159 A"".2J9n6J.S242 FlIx:219,11(i},J930 W/'~,: WWUI,collict':1fll'l.cnm Emaii: in((I@l1accollicr.com TIle Unir!dA~CCM1dlafCdlII!fCl!l/1ty u a 5CJ(d(3)n(/[.fl"ll"fm1fit{ll"gani~tilll'\. Srare of Florid.! #SC.07205. 16F 4 To, Collier County Purchasing Department Via, Fax to 252.6597 Re: 2010 Tomism Agreement between Collier County and United Arrs ("-(luncil of Collier County, Inc. October 2009 As a member of the board of directors of tbe United Arts Council of CoIlier County, 1 hereby certify that Pat AntOnetti is currently serving a.s president of our organization a.nd is authorized tu sign on our behalf. @& (-~ c,___'-'fJ__,___________ Mally l<1!,orasantchi Director Not:1riz~ltion: ".., '~ ELAlNEIlAMILTON MY COMMISSION' /I DDti(j7266 -=xP1RES; htiuary21. 2011 1.I(Q...1-I'IoTAAY Fl.N~OI__I'\&Mt.Co, J"I,I'o.'''''''''I,I'V'I 16F4 2010 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND UNITED ARTS COUNCIL OF COLLIER COUNTY, INC. THIS AGREEMENT is made and entered into this 29th day of September, 2009, by and between United Arts Council of Collier County, Inc., a Florida not-for-profit corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY". WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated to promote and advertise tourism within the State of Florida, nationally and internationally which encourages tourism; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds for community information services including the production and printing of a monthly calendar of events for arts and cultural activities; and WHEREAS, the Tourist Development Council has recommended funding for the production of a monthly arts and culture calendar; and WHEREAS, The Collier County Board of County Commissioners has approved the funding request of the GRANTEE and the Chairman was authorized to execute the Tourism Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: I. SCOPE OF WORK: (a) In accordance with the authorized expenditures as set forth in the Budget, attached hereto as Exhibit "F", the GRANTEE shall expend the funds for the production a monthly arts and culture calendar (hereinafter "the Project"). 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Twenty-Four Thousand Dollars ($24,000). GRANTEE shall be paid in accordance with fiscal procedures of 1 16F 4 the County for the expenditures incurred as described in Paragraph One (1) herein upon submittal of a Request for Funds on the form attached hereto as Exhibit "D" and made a part hereof, and shall submit vendor invoices and copies of cancelled checks or other evidence of payment to the Executive Director of the Naples, Marco, Everglades Convention and Visitors Bureau ("CVB"), or his designee, for review and upon verification by letter from the GRANTEE that the services or work performed as described in the invoice have been completed or that the goods have been received and that all vendors have been paid. (b) The Executive Director of the CVB or his designee shall determine that the invoice payments are authorized and that the goods or services covered by such invoiee[ 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 invoiee[ 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, 2010 to be eligible for payment. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described m Paragraph One (1) will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October I, 2009 and September 30, 2010. (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. 2 16F 4 (d) COUNTY may request repayment of funds for a period of up to three (3) years after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming Collier County Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY - Statutory (c) The Certificate of Insurance must be delivered to the Executive Director of the CVB, or his designee, with the executed Agreement. The GRANTEE shall not commence promotional or advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY and the Agreement is fully executed. 5. REPORTING REOUIREMENTS: (a) GRANTEE shall provide to County a preliminary status report on the form attached hereto as Exhibit "A" within thirty (30) days of the effective date of the agreement. (b) GRANTEE shall provide to County a quarterly interim status report on the form attached hereto as Exhibit "B". (c) GRANTEE shall provide to County a final status report on the form attached hereto as Exhibit "C" no later than October 31, 20 I O. (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 3 16F 4 status report or final status report or other report acceptable to the Executive Director of the CVE. 6. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph One (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, otlieers, 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 indemnity 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: Elaine Hamilton, Executive Director United Arts Council of Collier County, Inc. 2335 Tamiami Trail North, #504 Naples, FL 34103-4459 4 Iht 4 All notices Irom the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: Jack Wert, Executive Director Naples, Marco Island, Everglades CVB 2800 N. Horseshoe Drive Naples, FL 34104 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE, or its vendors or subcontractors, as an agent or employee of the COUNTY. 10. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this Agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. 11. TERMINATION: (a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination specifYing the effective date of termination. (b) If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the elfeetive 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. 5 l"6'F"'~ 13. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement for a period of three (3) years. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any transactions related to this Agreement. 14. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 15. TERM: This Agreement shall become effective on October I, 2009 and shall remain effective for one year until September 30,2010. 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 (I) year term in order to complete the Project must be at the express consent ofthe 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 (I) year. 17. EV ALUA TION OF TOURISM IMP ACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Executive Director of the CVB or his designee, along with a final budget analysis by October 31,2010. 18. REOUIRED 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. 6 16F 4 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 wri tten. '..,.- .."," ""'" I ~~a~~~\:~6~~~le;k <-.: . -{,of!.' 1""....., , .... '",-/ , ". (? , . O.L- , .--, I ,1,1 :_ ...~a~ fp.mf';nd ler:~e7J~L BOARD OF c;rpo. TY COMMISSIONERS COLLIER CO , FLORlDA h. . J~ I ~,.,- L " '/ By: " ,h n41<.. -::::7.1 <tt,j;.r,. DONNA ~lALA, Chairman Assistant County Attorney WITNESS,ES: ~ (l)~ Ela.tn(!....~lb Printed/Typed Name GRANTEE: UNITED ARTS COUNCIL OF COLLIER COUNTJ; INC, DGiU'n 6,(l.lr\J.~ Printed/Typed Name '-fJ /H, /1 o it.\-- Mn,e*tt ' PrintedlTyped Name Qfg:j\d~ l1fukd -Ar-0~ ( Printed/Typed fitle BY: Item # I {RF1. ~;~;dQr~0:D1 7 16F 4 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 followinQ 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 16F 4 EXHIBIT "B" Collier County Tourist Development Council I nterim Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: ------------------------------------------------------------------- ------------------------------------------------------------------- On an attached sheet, answer the fol/owinq questions to identifv the status of the pro;ect. 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 16F 4 EXHIBIT "C" 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 16F 4 EXHIBIT "D" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCil EVENT NAME ORGANIZATION ADDRESS REQUEST PERIOD FROM TELEPHONE ( TO CONTACT PERSON 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 16F 4 EXHIBIT "F" United Arts Council of Collier County, Inc. Project Budget FundinQ - Not to Exceed Printing of calendars $18,000 Data compilation, graphics, typesetting & layout $ 3,500 Distribution (postage, mail services, delivery fees) $ 2.500 Total: $24,000 12 16F 4 ACORD", CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYYYY} 9/21/2009 PRODUCER Phone: 239-262-7171 Fax: 239-262-5360 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Lutgert Insurance - Naples ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 112500 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Naples FL 34108 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA:US Liabilitv Ins. Co. United Arts Council of Collier County -~ 2335 Tamiami Trail North #504 INSURERB: Travelers - 9357 Naples FL 34103 INSURER c: INSURER 0: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE ~ EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR . POUCY NUMBER POLlCY EFFECTIVE POLICY EXPIRATION , UMITS A ~NERAL UABILITY NPP2104633 2/27/2009 2/27/2010 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY ~~~~~ Ea occurence\ $100 000 I CLAIMS MADE D OCCUR MED EX? (Anyone person) $5 000 f-- PERSONAL & ADV INJURY $ Exclw'e" f-- GENERAL AGGREGATE $2 000 000 n'lAGG~EnElIMIT APn ~ER PRODUCTS - COMPtOP AGG $ Excluded POLICY ~~g: laC ~OMOBILE UABlllTY COMBINED SINGLE LIMIT $ ANY AUTO (Eaaccident) ~ - ALL OWNED AUTOS BODILY INJURY (Per person) $ ~ SCHEDULED AUTOS ~ HIRED AUTOS BODILY INJURY (Per accident) $ - NON-oWNED AUTOS - PROPERTY DAMAGE $ (Per accident) ~RAGE UABIUTY AUTO ONLY - EAACCIDENT $ ANY AUTO OTHER THAN EAACC $ AUTO QNL Y: AGG $ :=]ESSAlMBRELLA LIABIUTY EACH OCCURRENCE $ OCCUR D CLAIMS MADE AGGREGATE $ $ ~ ~EDUCTIBlE $ RETENTION $ $ B WORKERS COMPENSATION AND lHUB6439L28608 9/13/2009 9/13/2010 X I WCSTATU- lOll!" EMPLOYERS' LIABILITY $100 ANY PROPRIETORlPARTNERJEXECUTlVE I E.L. EACH ACCIDENT 000 OFFICER/MEMBER EXCLUDED? I E.L. DISEASE. EA EMPLOYEE $500 000 ~PWC::P~~~~NS below E.L. DISEASE - POLICY LIMIT $lnn nnn OTHER DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT !SPECIAL PROVISIONS ontract #09-5321 "Tourist Grant Agreement - United Arts Council of Collier County" allier County Board of County Comissioners and the Tourist Development Council are Additional Insured with regards to he above contract. Collier County Board of County Comissioners and the Tourist Development Council 3301 Tamiami Trail East Naples FL 34112 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. CERTIFICATE HOLDER AUTHORIZED REPRESENTATIVECl " b ACORD 25 (2001/08) 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 The Certificate of Insurance on the reverse side of this form 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 (2001/08) 16F4 MEMORANDUM Date: January 12,2010 To: Lyn Wood, Contract Specialist Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes and Records Department Re: Contract #09-5321 "2010 Tourism Grant Agreement" Contractor: Southwest Florida Land Preservation Trust Attached is an original contract, referenced above (Agenda Item #16F4) approved by the Board of County Commissioners on September 29, 2009. The second original contract will be held in the Minutes and Records Department with the Official Records of the Board. If you should have any questions please contact me at 252-8406. Thank you. Attachment 09-PRC-01437 16F4 ,', '.(-" i:'~'- \ C\t- ,,(~\r:':i:,(~T~f\t@CEIVED: .\-- \J,j',I ", ' ~ l ,," D"\ l\' IS, / V ,Iff./" ?G\~JFJ-I 4iLVt7::."- ~ ~ W 1, ~ ,? U ~ _A cr: cY I ~1V 1'1 ~ v ~ P ~-\ \\\\\\0 \) 0e, ---- FILE N ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: January 6,2010 To: Scott Teach Deputy County Attorney From: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department, Extension 2667 ., ~~ Re: Contract: 09-5321 - 2010 Tourism Grant Agreement Contractor: Southwest Florida Land Preservation Trust BACKGROUND OF REQUEST: This agreement has been returned to approved by the BCC as requested. '1{2-"!fo"t ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. ~. 0: I ~~ \\\~o ITEM NO.: LA,. t:tz.c- 01 '-\.~ L 16F4 FILE NO.: :~c~ '. '(~AfE!R~CEIVED: ""', ~"< . V~j'\., ", I 3 . ~,f~ .9 /n,., v. " ..; '~"'~~'''f{9 ~~ DO NOT WRITE ABOVE THIS LINE ROUTED TO: C: Jack Wert, Tourism C\ oq DJ Date: December21, 2009 j.L ----- , -t' ~ V\ fi,.--J~ / <tV ~d From: Lyn M. Wood, C.P,M., Contract Specialist ~v I A# '0 Purchasing Department, Extension 2667 ~ _ , Re: Contract: #09-5321 "2010 Tourism Grant Agreement" ~ f ~~ 1 t"( Coottacto" \ /JJ ~ " Southwest Florida Land Preservation Trust S L ') ~\ ~ ~ \ ~r" I L ~1/' rr- This Contract was approved by the BCC on September 29, 2009, > Agenda Item 16.F.4 t -J j{l. ~ cTY'- }D~ ~l'r ~J"I Please forward to BCC for signature after approval. If there are any , ~ questions concerning the document, please contact me. Purchasing would) r;' ) appreciate notification when the documents exit your office. Thank you. r vl' ) hS yY( I y!)'3M To: Office of the County Attorney Jeff Klatzkow BACKGROUND OF REQUEST: This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: www.sunbiz.org . Department of State 16 F l{age 1 of2 Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on Li~t Return To List IEntity Name Search Submit I Events No Name History Detail by Entity Name Florida Non Profit Corporation SOUTHWEST FLORIDA LAND PRESERVATION TRUST, INC, Filing Information Document Number N27318 FEI/EIN Number 650066474 Date Filed 07/08/1988 State FL Status ACTIVE Last Event AMENDED AND RESTATED ARTICLES Event Date Filed 06/08/2009 Event Effective Date NONE Principal Address 1100 5TH AVE S SUITE 201 NAPLES FL 34102 Changed OS/20/2005 Mailing Address 1100 5TH AVE S SUITE 201 NAPLES FL 34102 Changed OS/20/2005 Registered Agent Name & Address KRIER. ELINOR V C/O EK CONSUL TING,INC 1100 5TH AVE S STE 201 NAPLES FL 34102 US Name Changed: 03/18/2009 Address Changed: 06/08/2009 OfficerlDirector Detail Name & Address Title D ARSENAULT, EILEEN 1100 5TH AVE S SUITE 201 NAPLES FL 34102 Title D BARBER, FREDERICK R 1100 5TH AVE S SUITE 201 hap:/ /www.sunbiz.org/scripts/cordet.exe?action=DETFTL&inq_doc _number=N27318&in... 8/31/2009 www.sunbiz.org - Department of State NAPLES FL 34102 Title VPO BAUER, MICHAEL R 1100 5TH AVE S SUiTE 201 NAPLES FL 34102 Title PO I CAMERON, SCOTT 1100 5TH AVE S SUITE 201 NAPLES FL 34102 Title TO GRANT, RICHARD C 1100 5TH AVE S SUITE 201 NAPLES FL 34102 Annual Reports Report Year Filed Date 2007 04/25/2007 2008 05/02/2008 2009 03/18/2009 Document Images OB/08/200S =.!\rn!,nded,<md Restated Articles 03/18/2009 =-ANNUAL REF'-QJ3.I 05/02/2(l08.. ANNUAL REPORT 04/25/2007.. ANNUAL REF'-Q.I'n 01/23/2006,. !\NNUAlBI;['QR.J 05/13/2005'c.REINSTATEMENT 02/07/2002 ,.::..ANNUAL REPORT 02/23/2001 .. ANNUAL REPORT 06/161ZQOO.. ANNUAL REPQRT 05/07/1999 .,.ANNUAL REPORT 02/05/1998 =-ANNUAL REPORT 01/17/1997.. ANNUAL REPORT OZL08/H196.. ANNUI\L REP.QRT 02/01/1995 'c.ANNUAL REPORT Page 2 of2 16F View image in POF format View image in POF format View image in POF format View image in POF format View image in POF format View image in POF format View image in POF format View image in POF format View image in POF format View image in POF format View image in POF format Note: This is not official record. See documents if question or conflict. P'r~yi_Q_Y_$__on List Ev.ents No Name History Next on List Return To List IEntity Name Search Submit I I Home I Contact us I Document Searches I E-Filing Services I Forms I Help I Copyright and Privacy Policies Copyright @ 2007 State of Florida, Department of State. http://www.sunbiz,org/scripts/cordet.exe?action~DETFIT"&imLdOC _ numbcr~N273] 8&in... 8/3112009 RLS # (Yl- hn' - 01 Y3 r, CHECKLIST FOR REVIEWING CONTRACTS Entity Name: S/?urItWf's r Ft..P,oo>" /.._b ,J~~.r<1.lWA-t""'" liPu,Sr; IIVI!., Entity name correct on contract? Entity registered with FL Sec, of State? ...L Yes ....1L...Yes No No 16F4 Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &/or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ 319&,""'0 Products/CompVOp Required $ , Personal & Advert Required $ Each Occurrence Required $ Fire/Prop Damage Required $ Automobile Liability Bodily Inj & Prop Required $ Provided $ Workers Compensation Each accident Required $ ,q l> ~i Provided $ Exp Dat~ Disease Aggregate Required $ vJ II< l v lL _ r/> Provided $ -------T Exp Date Disease Each Ernpl Required $ ~,,; . [iLil~ Provided $ z::= Exp Date Umbrella Liability tJO V Each Occurrence Provided $ Exp Date Aggregate Provided $ Exp Date Does Umbrella sufficiently cover any underinsured portion? _Yes Professional Liability Each Occurrence Required $ Per Aggregate Required $ Other Insurance Each Occur Type: ....L Y es --->L.. Yes Yes .....L Y es No _No ./ No No ,. 10/zo/10 { ( " Provided $ Provided $ Provided $ Provided $ Provided $ "2. r,.,,~L I Mil Exp, Date Exp. Date Exp, Date Exp. Date Exp, Date ,. " II 100) ,. 0 " Exp Date _No Provided $ Provided $ Exp, Date Exp, Date Required $ Provided $ Exp Date_ Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign) if necessary: Chairman's signature block? Clerk's attestation signature block? Counry Attorney's signature block? V Yes - No '/Yes No ..L.. Yes No - Yes .......L..No - Yes - No - Yes - No Yes - No ~Yes - No ~Yes - No ~Yes No "'\" ......J<::::.Yes _No ~Yes - No ~Yes No .....k'"..Yes _No /ves ReVie~e~ Initials: ~ Date; 1/ f[I 'f) 04.COA.O!OJ 1222 County required to be named as additional insured? County named as additional insured? Indemnification Does indemnification meet County standards? Is County indenmifying other party? Performance Bond Bond requirement referenced in contract? Ifattached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? Attachments Are aU required attachments included? 16F4 2010 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND SOUTHWEST FLORIDA LAND PRESERVATION TRUST, INC. THIS AGREEMENT is made and entered into this 29th day of September, 2009, by and between Southwest Florida Land Preservation Trust, Inc., a Florida not-for-profit corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY". WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated to promote and advertise tourism within the State of Florida, nationally and internationally which encourages tourism; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds for promotion of the Gordon River Greenway including website development and out of County advertising materials; and WHEREAS, the Tourist Development Council has recommended funding for the promotion of the Gordon River Greenway; 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 promotion of the Gordon River Greenway (hereinafter "the Project"). 09-5321 1 Southwest Florida Land Preservation Trust, Inc. 2. PAYMENT: 16F4 (a) The amount to be paid under this Agreement shall be a total of Twenty Five Thousand Dollars ($25,000). GRANTEE shall be paid in accordance with fiscal procedures of the County for the expenditures incurred as described in Paragraph One (I) 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 Executive Director of the Naples, Marco, Everglades Convention and Visitors Bureau ("CVB"), or his designee, for review and upon verification by letter from the GRANTEE that the services or work performed as described in the invoice have been completed or that the goods have been received and that all vendors have been paid. (b) The Executive Director of the CVB or his designee shall determine that the invoice payments are authorized and that the goods or services covered by such invoice[sJ 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 J 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 30,2010 to be eligible for payment. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described III Paragraph One (I) will be paid by COUNTY. 09-5321 2 Southwest Florida Land Preservation Trust, Inc. 16F4 (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2009 and September 30,2010. (c) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY's written request to repay said funds. (d) COUNTY may request repayment of funds for a period of up to three (3) years after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming Collier County Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY - Statutory (c) The Certificate of Insurance must be delivered to the Executive Director of the CVB, or his designee, with the executed Agreement. The GRANTEE shall not commence promotional or advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY and the Agreement is fully executed. 5. REPORTING REOUIREMENTS: (a) GRANTEE shall provide to County a preliminary status report on the form attached hereto as Exhibit "A" within thirty (30) days of the effective date of the agreement. (b) GRANTEE shall provide to County a quarterly interim status report on the form attached hereto as Exhibit "B". (c) GRANTEE shall provide to County a final status report on the form attached hereto as Exhibit "c" no later than October 31, 2010. 09-5321 3 Southwest Florida Land Preservation Trust, Inc. 16F4 (d) Each report shall identifY the amount spent, the duties performed, the services provided and the goods delivered since the previous reporting period. (e) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. (f) COUNTY may withhold any interim or final payments for failure of GRANTEE to provide the interim status report or final status report until the County receives the interim status report or final status report or other report acceptable to the Executive Director of the CVB. (g) GRANTEE shall request that visitors to the Gordon River Greenway complete the visitor questionnaire attached to this Agreement as Exhibit "E". All completed visitor questionnaires shall be maintained in acordance with Section 13 of this Agreement. 6. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph One (1). (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. (c) GRANTEE agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness ofthe 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: 09-5321 4 Southwest Florida Land Preservation Trust, Inc. 16F4 Elinor V. Krier, Executive Director Southwest Florida Land Preservation Trust, Inc. 1100 Fifth Avenue S., Suite 201 Naples, FL 34102 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to, Jack Wert, Executive Director Naples, Marco Island, Everglades CVB 2800 N. Horseshoe Drive Naples, FL 34104 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE, or its vendors or subcontractors, as an agent or employee of the COUNTY. 10. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this Agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. II. 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. 09-5321 5 Southwest Florida Land Preservation Trust, Inc. 16F4 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 ofthree (3) years. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any transactions related to this Agreement. 14. PROHffiITION 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. IS. TERM: This Agreement shall become effective on October I, 2009 and shall remain effective for one year until September 30,2010. If the project is not completed within the term of this agreement, all unreleased funds shall be retained by the COUNTY. Any extension of this agreement beyond the one (1) year term in order to complete the Project must be at the express consent of the Collier County Board of County Commissioners. 16. The GRANTEE must request any extension of this term in writing at least sixty (60) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one (I) year. 17. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Executive Director of the CVB or his designee, along with a final budget analysis by October 31,2010. 09-5321 6 Southwest Florida Land Preservation Trust, Inc. 16F4 18. REOUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County and the Tourist Development Council as a source of funding 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. 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.: n;,~"", DWIGJirt.BR:6~<;:lerk ':,:\., .", - ~~, '.. t:",~ ", ~' ir.,','.'>.'.'.,',:_oc- ate':"" '.DJhj~".. .~., ,,' ",'.- I Appro\}l%as,to fomumd I 1ii:?:)~ L I tH,.Jy ~.."iy IHIy Colleen Greene Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COyfJrY, FLORIDA / _ By: ~~. ~~ DONNA IALA, Chairman WITNESSES: /.1 / (:}P~~,. I?'~ ~ C~N"{,'- /?'Uil:l11 L- Printed/Typed Name l GRANTEE: SOUTHWEST FLORIDA LAND RESERVATION TRUST, INC. (2)~ .J:)QJ....Ul\ f'v"'I~ Printed/Typed Name BY~ / p~ 4A'~~..v' Printe yped Name ~c?/##,vr Printe Typed Title ltem# ~ Date da~ 09.5321 7 Southwest Florida Land Preservation Trust, Inc. Dale r ~II..-IV Rec'd I..:.-tl.....L: 4 16F4 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 followinQ 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. 09-5321 8 Southwest Florida Land Preservation Trust, Inc. 16F4 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 identify 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? 09-5321 9 Southwest Florida Land Preservation Trust, Inc. 16F4 EXHIBIT "C" Collier County Tourist Development Council Final Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: TITLE: 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? 09-5321 10 Southwest Florida Land Preservation Trust, Inc. 16F4 EXHIBIT "D" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCil EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE ( REQUEST PERIOD FROM TO REQUEST# ( ) INTERIM REPORT ( ) FINAL REPORT TOTAL CONTRACT AMOUNT $ EXPENSE BUDGET REIMBURSEMENT REQUESTED TOTALS NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Copies of paid invoices, cancelled checks, tear sheets, printed samples or other backup information to substantiate payment must accompany request for funds. The following will not be accepted for payments: statements in place of invoices; checks or invoices not dated; 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 09-5321 11 Southwest Florida Land Preservation Trust, Inc. 16F4 EXHIBIT "E" Naples @ Marco Island ::::~--~ Everglades "''''A'''Ollie: COAST~ VISITOR QUESTIONNAIRE Welcome to the Paradise Coast SM. Thank you for choosing this area for your visit. Please take a few minutes to complete the following questions so that we can better serve the needs of future visitors to Florida's Last Paradise SM. PLEASE REFER TO OUR PARADISE COAST BROCHURES FOR THE LOCATION OF ALL AREA ATTRACTIONS. Other NAME: ADDRESS: DATE OF ARRIVAL: WHERE ARE YOU STAYING? NAME OF HOTEL AND CITY/AREA: NAME OF CONDOMINIUMITIMESHARE: # OF ROOMS OCCUPIED X NUMBER OF NIGHTS STAYING IN COLLIER COUNTY = HOW DID YOU SELECT THE HOTEL/CONDOMINIUM? INTERNET ( ) YOUR CHOICE ( ) 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 von Liebig Art Center Beaches Everglades Tour Naples Museum of Art Naples Pier County Parks Sugden Theatre Shelling National Park Naples Philharmonic Fishing State Parks Art Galleries Boating Corkscrew Swamp Kayaking Conservancy of SW , Other FL Lake Trafford Other HOTEL/RESORT CITY DATE OF DEPARTURE: FRIENDS/FAMILY CONDOMINIUM ST ZIP TRAVEL AGENT ( FAMILY ATTRACTIONS Naples Zoo Naples Botanical Garden Fun 'n Sun Water Park Swamp Buggy Race Mini Golf King Richard's Fun Park Other SHOPPING AND DINING Fifth Avenue South Third Street South Waterside Shops Venetian Bay Bayfront Tin City Prime Outlets SIGHTSEEING LunchlDinner Cruisel Sunset Cruise City Trolley Tour Everglades Tour Segway Tour Dolphin Cruise Other RELAXATION & ENTERTAINMENT Golf Spa Shelling Seminole Casino Lounges & Clubs Music Other Other 09-5321 Southwest Florida Land Preservation Trust, Inc. 12 EXHIBIT "F" Southwest Florida Land Preservation Trust Project Budget 16F4 Fundinq - Not to Exceed Website design, build & maintenance (including social media content development) Out of County promotional materials Visit Florida membership Total: 09-5321 13 Southwest Florida Land Preservation Trust, Inc. $15,000 $ 9,600 $ 400 $25,000 Clienl#: 65774 SOUFL21 ACORD," CERTIFICATE OF LIABILITY INSURANCE DATE (MMIODIYYYY) 10/23/2009 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, PRODUCER Gulfshore Insurance, Inc. 4100 Goodlette Road North Naples, FL 34103 .3303 239261-3646 Southwest Florida Land Preservation Trust Inc 1100 5th Ave S Ste 201 Naples, FL 34102 COVERAGES INSURERS AFFORDING COVERAGE INSURER A: Caitlin Specialty Ins Co. INSURER B: INSURER c: INSURER D: INSURER E NAIC# INSURED THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POL.ICY NUMBER P.?^L~~~J~~~8,~I~\E P%~fJ 1i.~~C',~}~N LIMITS A ~NERAL LIABILITY 0900700499 10/20/09 10/20/10 EACH OCCURRENCE '1 000 000 X. 5MMERCIAL GENERAL LIABILITY ~~tt~~~J? RENTED 5100000 - CLAIMS MADE [X] OCCUR MED EXP {Anyone person} .5000 PERSONAL. & ADV INJURY .1 000000 GENERAL. AGGREGATE .2 000 000 ~.~ AGGREnE FLlMIT APASIPER: PRODUCTS - COMPIOP AGG .2 000 000 PRO- POLICY JECT lOC ~TOMOBILE LIABiliTY COMBINED SINGLE LIMIT . ANY AUTO (Eaaccident) - - AL.l OWNED AUTOS BODIL. Y INJURY (Per person) . - SCHEDULED AUTOS r- HIRED AUTOS BODilY INJURY {Per accident) 5 r- NON-OWNED AUTOS f- PROPERTY DAMAGE . (Per accident) RRAGE LIABILITY AUTO ONLY - EA ACCIDENT . ANY AUTO OTHER THAN EAACC . AUTO ONLY: AGG . p~SS/UMBRELLA LIABILITY EACH OCCURRENCE . OCCUR 0 CLAIMS MADE AGGREGATE . 5 q DEDUCTIBLE . RETENTION S S WORKERS COMPENSATION AND WC STATU- IOJ~' EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT 5 OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE S If yes, describe under SPECIAL PROVISIONS below EL DISEASE - POLICY LIMIT . OTHER DESCRIPTION OF OPERATIONS I LOCATIONS IVEHICLES I EXCL.USIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate Holder is Named as Additional Insured As Respects to: General Liability Only. CERTIFICATE HOLDER CANCELLATION 10 Oa s for Non-Pa ment Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAil ---10.- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHOR ED R PRESENTATVE ACORD 25 (2001/08) 1 of 2 #S3B2962/M3B2961 MAK @ ACORD CORPORATION 1988 16F4 IMPORTANT If the certificate holder is an ADOITIONAL 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 WAIVEO, 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 The Certificate of Insurance on the reverse side of this form 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 25-5 (2001/08) 2 of 2 #S382962/M382961 Client#: 65774 SOUFL21 ACORD," CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYVYY) 10/23/2009 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER Gulfshore Insurance, Inc. 4100 Goodlelle Road North Naples, FL 34103.3303 239261-3646 Southwest Florida Land Preservation Trust Inc 1100 5th Ave S Ste 201 Naples, FL 34102 INSURERS AFFORDING COVERAGE INSURER A Caitlin Specialty Ins Co. INSURER B; INSURER C' INSURER 0 INSURER E NAIC# INSURED COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER PJ>k{S~,i~F68m\E Pg~fJf~>:J~~N LIMITS A ~NERAL LIABILITY 0900700499 .10!2Q.'09 ,10/20/10 E/\CH OCCURRE!\CE '1 000 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED .100 000 - l-J CLAIMS MADE [!] OCCUR MED EXP (Anyone person) .5000 - PERSONAL & ADV INJURY s1 000000 - GENERAL AGGREGATE '2 000 000 ~'~ AGG:En ILlMIT APPlS PER. PRODUCTS - COMPIOP AGG .2 000 000 PRO. POLICY JECT LaC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT . ANY AUTO (Eaaccidenl) - - ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) - - HIRED AUTOS BODILY INJURY . NON-OWNED AUTOS (Peraccidenl) - PROPERTY DAMAGE . (Per accident) ==FGE LIABILITY AUTO ONLY - EA ACCIDENT . ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG . ~~S5IUMBRELLA LIABILITY EACH OCCURRENCE . OCCUR D CLAIMS MADE AGGREGATE: . , R ~EDUCT!B" : RETENTION S . WORKERS COMPENSATION AND I WC STATU: I IOJ~- EMPLOYERS' LIABILITY ANY PROPRIETORJPARTNERJEXECUTIVE EL EACH ACCIDENT S OFFICERJMEMBER EXCLUDED? EL DISEASE EA EMPLOYEE 5 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate Holder is Named as Additional Insured As Respects to: General Liability Only. CERTIFICATE HOLDER CANCELLATION 10 Da s for Non-Pa ment Tourist Development Council 3301 Tamiami Trail East Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _...1n... DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHO ED R PRESENTATVE ACORD 25 (2001/08) 1 of 2 IIS382963/M382961 MA:, G ACORD CORPORATION 1988 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 The Certificate of Insurance on the reverse side of this form 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 25-5 (2001108) 2 of 2 #S382963/M382961