#11-5734 (ArtsNaples World Festival, Inc.)2012 TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND ARTSNAPLES WORLD FESTIVAL, INC.
THIS AGREEMENT IS made and entered into this -;J{~ day of
~-:~-f-~:...., Lt..r, 2011, by and between ArtsNaples World Festival, 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 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 county promotion of an international
celebration of the arts festival; and
WHEREAS, the Collier County Board of County Commissioners has approved the
funding request of the GRANTEE and the Chairman was authorized to execute the Tourism
Agreement.
NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES
PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY
AGREED AS FOLLOWS:
1. SCOPE OF WORK:
(a) In accordance with the authorized expenditures as set forth in the Budget, attached
hereto as Exhibit "F", the GRANTEE shall expend the funds for the out of county promotion of
the ArtsNaples World Festival (hereinafter "the Project").
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2. PAYMENT:
(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 ExJ;1ibit "D" and made a part hereof, and
shall submit vendor invoices, copies of credit card receipts and statements and two-sided copies
of cancelled checks, on-line bill pay transaction registers or other acceptable evidence of
payment, original tear sheets of print ads showing publication name and date, affidavit of
broadcast dates and times, screen shots of on-line ads showing date of capture, or samples of
printed materials to the Tourism Director 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.
Should these documents be unavailable, the GRANTEE may submit other legally viable
evidence of payment subject to review and approval by the Clerk's Office.
(b) The Tourism Director or his designee shall determine that the invoice payments
are authorized and that the goods or services covered by such invoice [ s] have been provided or
performed in accordance with such authorization. The budget attached as Exhibit "F" shall
constitute authorization for the expenditure[s] described in the invoice[s].
(c) All expenditures shall be made in conformity with this Agreement.
(d) The COUNTY shall not pay GRANTEE until the Clerk of the Board of County
Commissioners pre-audits all payment invoices in accordance with law.
(e) GRANTEE shall be paid for its actual costs, not to exceed the maximum amount
budgeted pursuant to the attached "Exhibit F".
(f) Expenditures with publications, broadcast and brochure distribution with
circulation or reach outside Collier County over fifty percent (50%) of the total will be acceptable
for reimbursement at full value based on a statement from the publisher, broadcaster or
distributor attesting to that circulation percentage.
(g) Invoices for prepayment or for deposit on servIces will not be eligible for
reimbursement.
(h) Services or product must be delivered and paid for by GRANTEE between the
effective dates of this agreement.
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(i) All requests for reimbursement must be received prior to September 30,2012 to be
eligible for payment.
3. ELIGIBLE EXPENDITURES:
(a) Only eligible expenditures described III Paragraph One (1) will be paid by
COUNTY.
(b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2011
and September 30, 2012.
(c) Any expenditures paid by COUNTY which are later deemed to be ineligible
expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY's written request
to repay said funds.
(d) COUNTY may request repayment of funds for a period of up to three (3) years
after termination of this Agreement or any extension or renewal thereof.
4. REPORTING REQUIREMENTS:
(a) GRANTEE shall provide to County a preliminary status report on the form
attached hereto as Exhibit "A" within thirty (30) days of the effective date of the agreement.
(b) GRANTEE shall provide to County a calendar quarter interim status report on the
form attached hereto as Exhibit "B" whether or not a Request for Funds is submitted.
(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 economic impact generated by the GRANTEE
through the use of reports (Exhibits "A", "B" and "C") which 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.
(g) GRANTEE shall request that visitors to the the ArtsNaples World Festival
complete the visitor questionnaire attached to this Agreement as Exhibit "E". All completed
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visitor questionnaires shall be maintained in accordance with Paragraph Thirteen (13) of this
Agreement.
5. INSURANCE:
(a) GRANTEE shall submit a Certificate of Insurance naming the Collier County
Board of County Commissioners and the Tourist Development Council as additional insureds.
(b) The certificate of insurance must be valid for the duration of this Agreement, and
be issued by a company licensed in the State of Florida, and provide General Liability Insurance
for no less than the following amounts:
BODILY INJURY LIABILITY $300,000 each claim per person
PROPERTY DAMAGE LIABILITY $300,000 each claim per person
PERSONAL INJURY LIABILITY $300,000 each claim per person
(c) The Certificate of Insurance must be delivered to the Tourism Director or his
designee with copies of the Agreement executed by GRANTEE. The GRANTEE shall not
commence promotional or advertising activities which are to be funded pursuant to this
Agreement until the Certificate of Insurance has been received by the COUNTY and the
Agreement is fully executed.
6. CHOICE OF VENDORS AND FAIR DEALING:
(a) GRANTEE may select vendors or subcontractors to provide services as described
in Paragraph One (1).
(b) COUNTY shall not be responsible for paying vendors and shall not be involved in
the selection of subcontractors or vendors.
(c) GRANTEE agrees to disclose any financial or other ~elationship between
GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related
employees, agents, officers, directors and/or shareholders.
(d) COUNTY may, in its discretion, object to the reasonableness of expenditures and
require payment if invoices have been paid under this Agreement for unreasonable expenditures.
The reasonableness of the expenditures shall be based on industry standards.
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7. INDEMNIFICATION:
GRANTEE shall indemnify and hold harmless Collier County, its agents, officers and
employees from any and all liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the GRANTEE or anyone employed or utilized
by the GRANTEE in the performance of this Agreement. This indemnification obligation shall
not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be
available to an indemnified party or person described in this paragraph.
8. NOTICES:
All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly
served if mailed by registered or certified mail to the GRANTEE at the following address:
Merlin Lickhalter, President
ArtsNaples World Festival, Inc.
6825 Grenadier Blvd. #1005
Naples, FL 34108
All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly
served if mailed by registered or certified mail to the COUNTY to:
Jack Wert, Tourism Director
Collier County Tourism Department
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
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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
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.
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16. TERM: This Agreement shall become effective on October 1, 2011 and shall
remain effective for one year 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 all print, broadcast and
on-line media advertising must prominently list Collier County and the Tourist Development
Council as a source of funds to read "A cooperative effort funded by the Collier County Tourist
Development Tax" and/or display the CVB logo and web site address www.paradisecoast.com 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.
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IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
BOARD OF COUNTY COMMISSIONERS
:~LLIER~'~O~
FRED W. COYLE, Chairm
Q,llec:n M. GlGGlle
~County Attorney
~P~I
WITNESSES:
(1) ~ ~
GRANTEE:
ARTSNAPLES WORLD FESTIVAL, INC.
Vi
Printed/Typed Name
~~.&td:-
L/f/JPII jtf {"'/~;lIiJ
Printed/Typed Name
By:L~
M~ l2.& I D J...( c {'z.H AL~K-
Printed/Typed Name
$DAtLtJ ~~G"c)l D {;/J 7'
Printed/Typed Title
8
EXHIBIT" A"
Collier County Tourist Development Council
Preliminary Status Report
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
TITLE:
ADDRESS:
PHONE:
FAX:
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On an attached sheet. answer the followina Questions and attach it to your
application.
PRELIMINARY INFORMATION:
Is this a first time project? If not, please give details of past projects.
Do you anticipate using area hotels in support of your project?
If so, what are the estimated hotel room nights generated by project?
What is the estimated revenue generated by this project?
What is the estimated number of participants expected to visit the project?
If project planning is in progress, what has been done, what remains to be done, and are
there any problems?
If the project planning has not been started, why?
List any planned out-of-county advertising, marketing, and/or public relations that will be
used in support of the project.
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EXHIBIT "B"
Collier County Tourist Development Council
Interim Status Report
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
TITLE:
ADDRESS:
PHONE:
FAX:
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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?
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EXHIBIT "e"
Collier County Tourist Development Council
Final Status Report
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
TITLE:
ADDRESS:
PHONE:
FAX:
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On an attached sheet, answer the followina Questions for each element in vour
scope of work.
Final - These questions should be answered for your final status report.
Was this a first time project? If not, how many times has this event taken place?
What hotels/motels were utilized to support the project and how many?
What is the total economic impact and revenue generated for this event?
Total expenses. (Have all vendors been paid?)
List the vendors that have been paid, if not, what invoices are still outstanding and why?
What is the number of participants that visited the project?
What is the percentage of the total participants from out of Collier County?
What problems occurred if any during the project event?
List any out-of-county- advertising, marketing, and/or public relations that was used to
support the project and attach samples.
How could the project been improved or expanded?
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EXHIBIT I'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 $
REIMBURSEMENT REQUESTED
EXPENSE
BUDGET
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.
For each request for payment, 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
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EXHIBIT "E"
Naples @
Marco Island
~
Everglades
PAR A 0 I SEe 0 A S T'"
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.
NAME:
ADDRESS:
DATE OF ARRIVAL:
WHERE ARE YOU
STAYING?
NAME OF HOTEL AND CITY/AREA:
NAME OF CONDOMINIUM/TIMESHARE:
# OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY =
HOW DID YOU SELECT THE HOTEL/CONDOMINIUM?
INTERNET ( ) YOUR CHOICE ( )
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
HOTEURESORT
CITY
DATE OF DEPARTURE:
FRIENDS/FAMll Y 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
County Museums
Other
Other
SHOPPING AND DINING
Fifth Avenue South
Third Street South
Waterside Shops
Venetian Bay
Bayfront
Tin City
Prime Outlets
SIGHTSEEING
Lunch/Dinner Cruise/
Sunset Cruise
City Trolley Tour
Everglades Tour
Segway Tour
Dolphin Cruise
Other
RELAXATION &
ENTERTAINMENT
Golf
Spa
Shelling
Seminole Casino
Lounges & Clubs
Music
Other
Other
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~ , ,..
EXHIBIT "F"
ArtsNaples World Festival, Inc.
Project Budget
Fundina - Not to Exceed
Out of County Advertising, Marketing, Production and
Related Distribution Expenses
$25,000
Total:
$25,000
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9fl1f.!011
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certificate holder in lieu of such endorsement(s).
PRODUCER ~fWtCT Michelle A. Kalicharan
Gulfshore Insurance, Inc. rl'8Nrio Extl: 239435-7131 I rti Nol: 239 213-2871
4100 Goodlette Road North i'D~~ss: mkalicharan@gulfshorelnsurance.com
Naples, FL 34103 -3303 INSURER(S) AFFORDING COVERAGE NAIC I
239261-3646 INSURER A: Cincinnati Insurance Company
INSURED INSURER B :
ArtsNaples World Festival, Inc. INSURER C :
PO Box 771176
Naples, FL 34107 INSURER D :
INSURER E :
INSURER F :
Client#. 67826
ARTNA
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REVISION NUMBER:
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INSR TYPE OF INSURANCE ~~W- ~"R POLICY EFF :Sm~ UMRS
LTR POLICY NUMBER MMID
A GENERAL LIABILfTY X CAP5220192 0411512011 041151201 ~ EACH OCCURRENCE $1.000 000
I--
X COMMERCIAL GENERAL LIABILITY ~AMA~!!?ERENTED $500 000
REMI S Ea occurrence'
1 CLAIMS-MADE ~ OCCUR MED EXP (Anyone person) $10.000
PERSONAL & ADV INJURY $1.000,000
GENERAL AGGREGATE $ 2,000,000
n'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COM PlOP AGG $2,000 000
POLICY n P,~8T n LOC $
AUTOMOBILE LIABILITY ~~~~~tfINGLE LIMIT !I:
f--
ANY AUTO BODILY INJURY (Per person) $
e-- - SCHEDULED
ALL OWNED BODILY INJURY (Per accident) $
f-- AUTOS - AUTOS
NON-OWNED rp~~~~d~~t~AMAGE $
e-- HIRED AUTOS - AUTOS
$
UMBRELLA LlAB H OCCUR EACH OCCURRENCE $
f--
EXCESS LIAB CLAIMS-MADE AGGREGATE $
OED I I RETENTION $ $
WORKERS COMPENSATION 1~5R~Tti~YTS I 12JH-
AND EMPLOYERS' LIABILITY Y I N
ANY PROPRIETORIPARTNERIEXECUTIVED EL. EACH ACCIDENT $
OFFICERIMEMBER EXCLUDED? N/A
(Mandatory in NH) EL. DISEASE - EA EMPLOYEE $
~ yes, describe under
DESCRIPTION OF OPERATIONS below EL. DISEASE - POLICY LIMIT $
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Addllional Remarks Schedule, II more space Is required)
Contract #11-5734 - 2012 Tourism Agreement
Collier County Board of County Commissioners and the Tourist Development Council are Named as Additional
Insured As Respects to General Liability Only.
30 day notice of cancellation except 10 days for nonpayment of premium.
CERTIFICATE HOLDER
CANCELLATION
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, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
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