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06-27-2011 Item 7D EXECUTIVE SUMMARY Recommend approval of Tourist Development Tax Category B grant agreements with Corrigan Sports Enterprises, Inc. ($20,000) and Naples International Film Festival, Inc. ($20,000) _______________________________________________________________ OBJECTIVE: For the Tourist Development Council (TDC) to review and recommend approval of three grant agreements for marketing expenditures beginning in the current fiscal year for early FY 12 events. CONSIDERATIONS: Corrigan Sports Enterprises, Inc. will hold two lacrosse events in Collier County, the Paradise Cup and Cup in November, 2011. In order to maximize the number of participating teams for each event, marketing and promotion must begin in August. The Grant Review Committee and the TDC has recommended funding each event at $10,000 for out of area marketing expenditures with at least 50% to be expended in FY 11 and the balance in FY 12. The Naples International Film Festival has been recommended by the Grant Review Committee and the TDC for funding in the amount of $20,000 for the November 2011 event. At least 50% of the recommended amount for out of market advertising and promotion must be expended in August and September of this year to adequately promote the event in social media and other on-line outlets. Agreements have been prepared by the County Attorney and Purchasing Department for each organization with an effective date as of BCC approval and concluding September 30, 2012. 1. Corrigan Sports Enterprises, Inc. for the IWLCA Presidents Lacrosse event November 19-20, 2011 in the amount of $10,000. 2. Corrigan Sports Enterprises, Inc for the Paradise Cup Lacrosse event November 4-6, 2011 in the amount of $10,000. 3. Naples International Film Festival, Inc. for the 2011 Film Fest November 3-7, 2011 in the amount of $20,000. FISCAL IMPACT: Funds for FY 11 in the amount of $20,000 are available in the FY 11 Tourism Promotion Fund 184. Funds in the amount of $20,000 are in the proposed Tourism Department Budget for FY 12. RECOMMENDATION: That the TDC review and recommend approval of Tourist Development Tax Category B grant agreements for Corrigan Sports Enterprises, Inc. ($20,000) and Naples International Film Festival, Inc. ($20,000). SUBMITTED BY: Jack Wert, Tourism Director 2012 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND CORRIGAN SPORTS ENTERPRISES, INC. THIS AGREEMENT is made and entered into this of ,2011, by and between Corrigan Sports Enterprise, Inc., a Florida corporation, hereinafter referred to as WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred ourist 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, FANTEE shall expend the funds for the out of county promotion of the IWLCA Lacrosse Event Event to be held in Collier County. 1 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Ten Thousand Dollars ($10,000) with Five Thousand Dollars ($5,000.00) expended in Fiscal Year 2011 and Five Thousand Dollars ($5,000.00) expended in Fiscal Year 2012.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 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 F 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 purF (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 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 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 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 ithin thirty (30) days of the effective date of the agreement. (b) GRANTEE shall provide to County a quarterly interim status report on the form (c) GRANTEE shall provide to County a final status report on the form attached 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. 6. CHOICE OF VENDORS AND FAIR DEALING: 3 (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 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, 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 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. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement 5 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 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 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 IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA ________________________ By: ________________________________ FRED W. COYLE, Chairman Approved as to form and legal sufficiency ________________________ Colleen M. Greene Assistant County Attorney WITNESSES: GRANTEE: (1) ______________________ CORRIGAN SPORTS ENTERPRISES, INC. _________________________ Printed/Typed Name (2) ______________________ BY: ________________________________ _________________________ ____________________________________ Printed/Typed Name Printed/Typed Name _____________________________________ Printed/Typed Title 7 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 following 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 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 following questions to identify the status of the project. Submit this report at least quarterly. 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 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 following questions for each element in your scope of work. Final These questions should be answered for your final status report. Was this a first time project? If not, how many times has this event taken place? What hotels/motels were utilized to support the project and how many? What is the total revenue generated for this event? (Have all vendors been paid?) Total expenses. 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 EXHIBIT 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______________ 11 F Corrigan Sports Enterprises, Inc. Project Budget Nov 19- 20, 2011 Funding Not to Exceed Out of County Print Advertising and Website Development Expenses in Sports Publications to promote the IWLCA Lacrosse Event. Up to $5,000 to be expended in Fiscal Year 2011 and the balance expended in Fiscal Year 2012. Total: $10,000 12 2012 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND CORRIGAN SPORTS ENTERPRISES, INC. THIS AGREEMENT is made and entered into this of ,2011, by and between Corrigan Sports Enterprise, Inc., a Florida corporation, hereinafter referred to as WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred ourist 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 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, Ffunds for the out of county promotion of the Paradise Cup Lacrosse Event Event to be held in Collier County November 4 6, 2011. 1 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Ten Thousand Dollars ($10,000) with Five Thousand Dollars ($5,000.00) expended in Fiscal Year 2011 and Five Thousand Dollars ($5,000.00) expended in Fiscal Year 2012.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 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 F 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 purF (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 to repay said funds. 2 (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 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 (b) GRANTEE shall provide to County a quarterly interim status report on the form (c) GRANTEE shall provide to County a final status report on the form attached 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. 3 (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. 6. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph One (1). (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. (c) GRANTEE agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 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, 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 4 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 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 5 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. 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 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 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. 6 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. IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA ________________________ By: ________________________________ FRED W. COYLE, Chairman Approved as to form and legal sufficiency ________________________ Colleen Greene Assistant County Attorney WITNESSES: GRANTEE: (1) ______________________ CORRIGAN SPORTS ENTERPRISES, INC. _________________________ Printed/Typed Name (2) ______________________ BY: ________________________________ _________________________ ____________________________________ Printed/Typed Name Printed/Typed Name _____________________________________ Printed/Typed Title 7 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 following 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 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 following questions to identify the status of the project. Submit this report at least quarterly. 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 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 following questions for each element in your scope of work. Final These questions should be answered for your final status report. Was this a first time project? If not, how many times has this event taken place? What hotels/motels were utilized to support the project and how many? What is the total revenue generated for this event? (Have all vendors been paid?) Total expenses. 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 EXHIBIT 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______________ 11 F Corrigan Sports Enterprises, Inc. Project Budget Paradise Cup Nov 4- 6, 2011 Funding Not to Exceed Out of County Print Advertising and Website Development Expenses in Sports Publications to promote the Paradise Cup Lacrosse Event. Up to $5,000 to be expended in Fiscal Year 2011 and the balance expended in Fiscal Year 2012. Total: $10,000 12 2012 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES INTERNATIONAL FILM FESTIVAL, INC. THIS AGREEMENT is made and entered into this day of , 2011, by and between NIFF, Inc. (The Naples International Film Festival), a Florida not-for-profit WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred 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 the GRANTEE shall expend the funds for out of Collier County marketing and advertising of the 2011 Naples International Film Festival 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Twenty Thousand Dollars ($20,000), with Ten Thousand Dollars ($10,000) expended in Fiscal Year 2011 and the balance in Fiscal Year 2012.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 and made a part hereof, and shall 1 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 Exhibit FThe 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) 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: 2 (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 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 apreliminary 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 (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. 6. CHOICE OF VENDORS AND FAIR DEALING: 3 (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 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, 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 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 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. 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. 6 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA ________________________ By: ________________________________ FRED W. COYLE, Chairman Approved as to form and legal sufficiency ________________________ Colleen M. Greene Assistant County Attorney WITNESSES: GRANTEE: (1) ______________________ NIFF, INC. _________________________ Printed/Typed Name (2) ______________________ BY: ________________________________ _________________________ ____________________________________ Printed/Typed Name Printed/Typed Name _____________________________________ Printed/Typed Title 7 EXHIBIT 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 following 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 EXHIBIT 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 following questions to identify the status of the project. Submit this report at least quarterly. 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 EXHIBIT 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 following questions for each element in your scope of work. Final These questions should be answered for your final status report. Was this a first time project? If not, how many times has this event taken place? What hotels/motels were utilized to support the project and how many? What is the total revenue generated for this event? (Have all vendors been paid?) Total expenses. 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 EXHIBIT 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 BUDGETREIMBURSEMENT 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 2011 Naples International Film Festival, Inc. Project Budget Funding 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 expended in Fiscal Year 2012. $20,000 Total: $20,000 12