2007 Tourism Agreement for Marketing and Promotion of ATP Challenger Tennis Event
~ COLLIER COUNTY GOVERNMENT
Administrative Services Division
Purchasing Department
Contract Administration
Purchasing Building
3301 E. Tamiami Trail
Naples, Florida 34112
Telephone: 239/732-2667
FAX: 239/530-6593
www.colliergov.net
April 11, 2007
Carl Fiorentino
International Tennis Group
8805 Tamiami Trail North, #130
Naples, FL 34108
RE: Contract "2007 Tourism Agreement for Marketing and Promotion of ATP
Challenger Tennis Event"
Dear Mr. Fiorentino:
We are pleased to enclose your copy of the fully executed agreement for the above-
referenced contract dated April 11, 2007.
Congratulations on the award of this contract; should you have any questions, please do not
hesitate to contact me at 239/732-2667.
VC<Y""IY7;j ~
Lyn . Wood, c.P.M.
Con / ract Specialist
C: Jack Wert, Tourism
Bonnie Baer, Finance
Minutes & Records
2007 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND
INTERNATIONAL TENNIS GROUP, LLC FOR MARKETING AND
PROMOTION OF ATP CHALLENGER TENNIS EVENT
THIS AGREEMENT, is made and entered into this !..t"day of
p.p,.~ \
,2007
by and between International Tennis Group, LLC, 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 for the promotion and advertising of Collier County nationally
and internationally and for the promotion and advertising of activities or events intended to bring
tourists to Collier County; and
WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the
County to use Tourist Development Tax funds for out of market promotion of the ATP Challenger
Tennis event; and
WHEREAS, the COUNTY desires to fund the proposed advertising and promotion pursuant
to this Agreement.
NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES
PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY
AGREED AS FOLLOWS:
1. THE EVENT. The event shall take place April 28 through May 6, 2007. The event will
take place at the Naples Tennis Club.
2. SCOPE OF WORK. In accordance with the Budget attached as Exhibit "A", the GRANTEE
agrees to implement its promotion plan, (hereinafter "the Project").
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3. PAYMENT.
(a) The amount to be paid under this Agreement shall be a total of Twenty-Five
Thousand Dollars ($25,000). The GRANTEE shall be paid in accordance with fiscal procedures of
the County for the expenditures incurred as described in Section 2 herein upon submittal of a
request for funds on the form attached hereto as Exhibit "Boo and made a part hereof, and shall
submit invoices to the Executive Director of Naples, Marco, Everglades 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 Naples, Marco, Everglades 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 "A" 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 "A".
(f) GRANTEE is required to pay matching funds for the Project in the amount of
$25,000 in the form of cash or in-kind contributions. For each request for funds, GRANTEE shall
produce documentation of the cash or in-kind contribution equalling the sum requested. For in-kind
contributons, GRANTEE shall provide a letter from the donor which explains the contribution and
its value. The cash contribution shall not be less than $12,500.
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4. ELIGIBLE EXPENDITURES.
(a) Only eligible expenditures described in Section 2 will be paid by COUNTY.
(b) COUNTY agrees to pay eligible expenditures incurred between October I, 2006 and
September 30, 2007.
(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 offunds for a period of up to three (3) years after
termination of this Agreement or any extension or renewal thereof.
5. INSURANCE. GRANTEE is required to submit a Certificate ofInsurance naming Collier
County, and its Board of County Commissioners and the Tourist Development Council as
additionally insured. The certificate must be valid for the duration of this Agreement, and be
issued 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
The Certificate of Insurance must be delivered to the Executive Director within ten days of
execution of this Agreement by COUNTY. GRANTEE shall not commence promotional and
advertising activities which are to be funded pursuant to this Agreement until the Certificate of
Insurance has been received by the COUNTY.
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6. REPORTING REQUIREMENTS:
(a) GRANTEE shall provide to County a [mal status report on the form attached hereto
as Exhibit "Coo no later than September 3, 2007.
(b) The report shall identify the amount spent, the duties performed, and the services
provided and the goods delivered.
(c) GRANTEE shall take reasonable measures to assure the continued satisfactory
performance of all vendors and subcontractors.
(d) COUNTY may withhold any payment for failure of GRANTEE to provide the final
status report until the County receives the final status report or other report acceptable to the
Executive Director of the Naples, Marco, Everglades, CVB.
(e) GRANTEE shall request that visitors to the event complete the visitor questionnaire
attached to this Agreement as Exhibit "D". All completed visitor questionnaires shall be maintained
in accordance with Section 13 of this Agreement.
7. CHOICE OF VENDORS AND FAIR DEALING. GRANTEE may select vendors or
subcontractors to provide services as described in Section 2. COUNTY shall not be responsible for
paying vendors and shall not be involved in the selection of subcontractors or vendors. GRANTEE
agrees to disclose any relationship between GRANTEE and subcontractors and/or vendors,
including, but not limited to, similar or related employees, agents, officers, directors and/or
shareholders. COUNTY may, in its discretion, object to the reasonableness of the expenditures and
require repayment if invoices have been paid under this Agreement for unreasonable expenditures.
The reasonableness of the expenditures shall be based on industry standards.
8. INDEMNIFICATION. GRANTEE shall hold harmless and defend COUNTY, and its
agents and employees, from any and all suits and actions including attorney's fees and all costs of
litigation and judgments of any name and description arising out of or incidental to the performance
4
of this Agreement or work performed thereunder. This provision shall also pertain to any claims
brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or
anyone directly or indirectly employed or authorized to perform work by any of them.
GRANTEE'S obligation under this provision shall not be limited in any way by the agreed upon
Agreement price as shown in this Agreement or GRANTEE'S limit of, or lack of, sufficient
insurance protection.
9. NOTICES. All notices from COUNTY to GRANTEE shall be in writing and deemed duly
served if mailed by registered or certified mail to GRANTEE at the following address:
Carl Fiorentino
International Tennis Group
8805 Tamiami Trail, North #130
Naples, Florida 34108
All notices from GRANTEE to COUNTY shall be in writing and deemed duly served if mailed by
registered or certified mail to COUNTY at the following address:
Jack Wert, Executive Director
Naples, Marco Island, Everglades Convention & Visitors Bureau
3050 North Horseshoe Drive, #218
Naples, Florida 34104
GRANTEE and COUNTY may change their above mailing address at any time upon giving the
other party written notification pursuant to this section.
10. NO PARTNERSHIP. Nothing herein contained shall be construed as creating a partnership
between COUNTY and GRANTEE, or its vendor or subcontractor, or to constitute GRANTEE, or
its vendor or subcontractor, as an agent or employee of COUNTY.
11. TERMINATION. COUNTY or GRANTEE may cancel this Agreement with or without
cause by giving thirty (30) days advance written notice of such termination pursuant to Section 8
and specifying the effective date of termination. If COUNTY terminates this Agreement,
COUNTY will pay GRANTEE for all expenditures incurred, or contractual obligations incurred
with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long
5
as such expenses are eligible. Provided, however, or if GRANTEE fails to hold the event or
activity, GRANTEE shall pay to COUNTY all funds expended by COUNTY pursuant to this
Agreement, unless the Board of County Commissioners determines that the completed promotion
and advertising of the event or activity were sufficient to justify the use of tourist development tax
funds.
12. GENERAL ACCOUNTING. GRANTEE is required to maintain complete and accurate
accounting records and keep tourism funds in a separate checking account. All revenue related to
the Agreement should be recorded, and all expenditures must be incurred within the terms of this
Agreement.
13. AVAILABILITY OF RECORDS. GRANTEE shall maintain records, books, documents,
papers and financial information pertaining to work performed under this Agreement. GRANTEE
agrees that 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
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 COUNTY.
15. TERM. This Agreement shall become effective on the date the Purchasing Director
approves this agreement and shall remain effective for one year. GRANTEE shall request an
extension of this term in writing at least thirty (30) 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 year. Any funds not used by GRANTEE during the term of this Agreement and any extension
thereto shall be available for future applicants.
16. AVAILABILITY OF FUNDS. This Agreement is subject to budget and collection of
tourist development tax funds.
6
17. EVALUATION OF TOURISM IMPACT. GRANTEE shall monitor and evaluate the event
identifying the success of the event, explaining how the success and quality were evaluated, report
overall attendance including resident/non-resident attendance and how attendance information was
ascertained. This information shall be included in the final status report provided pursuant to
Section 6.
18. REQUIRED NOTATION. All promotional literature and media advertising must
prominently list Collier County as one of the sponsors.
19. AMENDMENTS. This Agreement may only be amended by mutual agreement of the
parties and after recommendation by the Tourist Development Council.
IN WITNESS WHEREOF, GRANTEE and COUNTY have each respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
COLLIER COUNTY, FLORIDA
By:JfJt~ ~' G/fIf!1
STEVE CARN LL, Director
Purchasing and General Services
Approved as to form and
legal sufficiency:
~d rf'--
Heidi F.Ash10n
Assistant County Attorney
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WITNESSES:
(1) ~LUp.b1{4!~.:lt~~~
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(2)
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PrinledlTyped Name
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GRANTEE:
INTERNATIONAL TENNIS GROUP, LLC
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CARL FIORENTINO, Managing Member
8
EXHIBIT "A"
INTERNATIONAL TENNIS GROUP, LLC
Project Budget
The Tennis Charmel
$ 5,000
Internet Promotions
3,000
South America Promotions at Challenger Events
17,000
Total
$ 25,000
9
EXHIBIT "B"
REQUEST FOR FUNDS
COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL
EVENT NAME
ORGANIZATION
ADDRESS
CONTACT PERSON
TELEPHONE ( )
REQUEST PERIOD
FROM
TO
REQUEST#
( ) INTERIM REPORT
( ) FINAL REPORT
TOTAL CONTRACT AMOUNT $
EXPENSE
BUDGET
REIMBURSEMENT REQUESTED
TOTALS
NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your
application. 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 bas 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
10
EXHIBIT "e"
Collier County Tourist Development Council
Final Status Report
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
ADDRESS:
PHONE:
TITLE:
FAX:
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On an attached sheet. answer the followinQ Questions for each element in your scone 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?
11
EXIllBIT "D"
VISITOR QUESTIONNAIRE
Thank you for laking the lime to complele the following questions. This infonnalion will afford us Ihe opportuniiy 10 better
serve the needs of Collier Couniy visilors.
NAME:
ADDRESS:
CITY
ST
ZIP
DATE OF ARRlVAL:
DATE OF DEPARTURE:
WHERE ARE YOU STAYING?
HOTEL
FRIENDS
CAMPGROUND
NAME OF HOTEL AND CITY:
NAME OF CAMPGROUND:
# OF ROOMS OCCUPIED x NUMBER OF NIGHTS YOU WILL STAY ~
HOW DID YOU SELECT THE HOTEL/CAMPGROUND?
INTERNET YOUR CHOICE
TRAVEL AGENT
OTHER:
NUMBER OF MEALS YOU OR YOUR GROUP will eal out. (Please provide a number delermined by Ihe nnmber of
people in your party limes Ihe number of days of your visillimes the number of meals Ihal will be ealen out each day.) ~
AREA ATTRACTIONS YOU PLAN TO VISIT: (please Circle)
Caribbean Gardens, The Naples/Marco Princess Corkscrew Swamp
Zoo in Naples Sanctuary
Naples Pier
Water sports/Parasailing
Everglades National
Park
Rookery Bay
Everglades Airboat
Tour
The Conservancy's
Nature Center
Teddy Bear Museum
King Richards Fun Park
Deluore-Wiggins State
Park
Fakahatchee Strand
Preserve
Seminole Casino
Lake Trafford
Other: Please name
below
PLEASE REFER TO OUR COLLIER COUNTY BROCHURE FOR LOCATION OF AREA
ATTRACTIONS.
12
~
ACORD'
CERTIFICATE OF LIABILITY INSURANCE
~ I DATE (MMImIYYYY)
03/30/2007
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Gables Insurance Agency, Corp. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
4070 Laguna 5t ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
Coral Gables. FL 33146
INSURERS AFFORDING COVERAGE NAle#
I~SURfD I\lSURERA; Scottsdale
International Tennis Group. LLC I'!SURER B:
INSURER C
NSURER D
, INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED seLOW 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 RE$PECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AfFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE L/ MITS SHOWN MAY HAVE BEEN REOUCEO BY PAlO ClAI~
L lHSRl) TYPE OF INSURANCE POLICY NUMBER f f'6A ~ LIMITS
A X Zi~IW.LIA8lLITY TBA 4128/2007 5/06/2007 ~NCE s 1000000
./ COMMERCIAL GENERAL UABILITY PR~I ' ~ ., S 100000
5D ClAlMSMAIlE [2] OCCUR MEOEXP,,,,,y,,,.,.~,,,, S 5000
PERSONAl & AOV INJURY S 1000000
GENERAL AGGREGATE S 2000000
~N'l AGGREn~ LIMIT ~s PER: PRODUCTS - COMPIOP AGG S 1000000
./ POLICY PROJECT lOC
AUTOMOElLE LIASIUTY COMBINED SINGLE liMIT S
I- ANY AUTO (Eaaecidanl)
F= ALL OWNED AUTOS
1= BODilY INJURY S
SCHEDuLED AUTOS (Perperscn)
F= HIRED AUTOS
F= BODILY INJURY ,
NON.oWNEO AUTOS (Per3CC1denl)
1=
1= PROPERTY DAMAGE S
(PeracCldentj
GARAGE LIABIlITY AUTO ONLY. EAACCIQENT ,
R ANY AUTO OTHER THAN EA ACC S
AUTO ONLY AGG ,
pCESSlUMBREI..LA LIABIlITY EACH OCCURRENCE S
OCCUR 0 CLAIMS MADE AGGREGATE S
S
~ DEDUCTIBLE ,
RETENTION S S
WORKERS COMPENSATlON AND l TORY LIMITS r l UEW'
EMPLOYERS' UABnJTY
ANY PROPRIETORIPARTNERfEXECUTIVE EL EACH ACCIDENT S
OFFIceR/MEMBER EXCl.UoeO? EL OOEAS: .EA8oI?_OY~ S
~~Cltt~R~~~NS below E.L. DISEASE. POLICY UMI ,
OTHER
CERTIFICATE HOLDER
CANCELLATION
Comer County and its Board of County
Commissioners and The Tourism Development
Council.
3301 E Tamiami Trail. Naples. FL 34112
Naples, FL 34105
SHOULD ANY OF nE ABOVE DESCRIBED POLICIES BE CANCELL.EOBEFORE THe EXPIRATION
DATi THEREOF. T1-E: ISSUING INSURER WILl.. EP<<>EAVORTO MNL ~ DAYS WRfTTEN
NOncE TO THE CERTIFICATE HOLDER NAMED TO TIE LEFT, BUT FAILURE TO DO so SHALL
IIolPOSE NO OBLlGATlON OR L OF ANY KJNO UPON THE INSURER. rT$ AGENTS OR
ACORO 25 (2001108)
~ACORO CORPORATION 1986