#11-5734 (United Arts Council of Collier County, Inc.)
2012 TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND UNITED ARTS COUNCIL OF COLLIER COUNTY, INC.
THIS AGREEMENT is made and entered into this Q 7fi'lday of S ~ f~ I.. ~.l? y- ,
2011, by and between United Arts Council of Collier County, Inc., a Florida not-for-profit
corporation, hereinafter referred to as "VENDOR" and Collier County, a political subdivision of
the State of Florida, hereinafter referred to as "COUNTY".
WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred
to as "Plan") funded by proceeds from the Tourist Development Tax; and
WHEREAS, the Plan provides that certain of the revenues generated by the Tourist
Development Tax are to be allocated to promote and advertise tourism within the State of
Florida, nationally and internationally which encourages tourism; and
WHEREAS, VENDOR has proposed to the Tourist Development Council and the
County to use Tourist Development Tax funds for community information services including the
production and printing of a monthly calendar of events for arts and cultural activities; and
WHEREAS, the Tourist Development Council has recommended funding for the
production of a monthly arts and culture calendar; and
WHEREAS, the Collier County Board of County Commissioners has approved the
funding proposal of the VENDOR 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 "A", the VENDOR shall produce a monthly arts and culture calendar
(hereinafter "the Project").
1
2. PAYMENT:
(a) The amount to be paid under this Agreement shall be a total of Twenty-Four
Thousand Dollars ($24,000). VENDOR shall be paid in accordance with fiscal procedures of the
County for the expenditures incurred as described in Paragraph One (1) herein upon submittal of
an invoice, 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
proof of payment to the Tourism Director, or his designee, for review and upon verification by
letter from the VENDOR 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 line item budget attached as Exhibit "A"
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 VENDOR until the Clerk of the Board of County
Commissioners pre-audits all payment invoices in accordance with law.
(e) VENDOR shall be paid for its actual costs, not to exceed the maximum amount
budgeted pursuant to the attached "Exhibit A".
(f) All requests for reimbursement must be received prior to September 30,2012 to
be eligible for payment.
(f) Invoices for prepayment or for deposit on servIces will not be eligible for
reimbursement.
(g) Services or product must be delivered and paid for by VENDOR between the
effective dates of this agreement.
3. ELIGIBLE EXPENDITURES:
(a) Only eligible expenditures described m Paragraph One (1) will be paid by
COUNTY.
(b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2011
and September 30, 2012.
2
(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. CHOICE OF VENDORS AND FAIR DEALING:
(a) VENDOR 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) VENDOR 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.
5. INDEMNIFICATION:
VENDOR 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 VENDOR or anyone employed or utilized
by the VENDOR 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.
6. NOTICES:
All notices from the COUNTY to the VENDOR shall be in writing and deemed duly
served if mailed by certified mail to the VENDOR at the following address:
Elaine Hamilton, Executive Director
United Arts Council of Collier County, Inc.
2335 Tamiami Trail North, #504
Naples, FL 34103-4459
3
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 VENDOR and the COUNTY may change the above mailing address at any time
upon giving the other party written notification pursuant to this Section.
7. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a
partnership between the COUNTY and the VENDOR, or its vendors or subcontractors, or to
constitute the VENDOR, or its vendors or subcontractors, as an agent or employee of the
COUNTY.
8. COOPERATION: VENDOR 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.
9. TERMINATION:
(a) The COUNTY or the VENDOR 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 VENDOR
for all expenditures or contractual obligations incurred by VENDOR, with subcontractors and
vendors, up to the effective date of the termination so long as such expenses are eligible.
10. GENERAL ACCOUNTING: VENDOR 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.
11. AVAILABILITY OF FUNDS: This agreement is subject to the availability of
4
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.
12. AVAILABILITY OF RECORDS: VENDOR shall maintain records, books,
documents, papers and financial information pertaining to work performed under this Agreement
for a period of three (3) years. VENDOR 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 VENDOR involving any transactions related to this Agreement.
13. PROHIBITION OF ASSIGNMENT: VENDOR shall not assign, convey, or
transfer in whole or in part its interest in this Agreement without the prior written consent of the
COUNTY.
14. 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.
15. The VENDOR 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.
16. REQUIRED NOTATION: All promotional literature 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
website address www.paradisecoast.com to qualify for reimbursement.
17. 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.
* * *
5
IN WITNESS WHEREOF, the VENDOR and COUNTY have respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
'ATT:E~1t:' U,'
/'i)WIGHT. E. BROCK, Clerk
'~?~
<~ : .t~~Si~$_.to Cht',...,. .
- Apprf)~~tiOftn"and
'( ;, " " ,1-
le'&.aJ. .'1.. uffi. ..a.ieiicy ) )
X)#- k ,(~
BOARD OF COUNTY COMMISSIONERS
::'LLIER~ :.Rl~
FRED W. COYLE, Chairm
Gt}11\..l\...11 ~1. Gl\".t"-'J.1C.
~~t County Attorney
WITNESSES:
VENDOR:
(1) ~\ cA. l'k ~
:J~ Qa,{,{\L
Printed/Typed Name
UNITED ARTS COUNCIL OF COLLIER
COUNTY, INC.
(2)~, J)~
Llta~~
Printed/Typed Name
i~~
~~f\L ~l-b,
Printed/Typed Name
C~~UL-.O;re.kr
Printed/Typed Title
BY:
6
EXHIBIT" A"
United Arts Council of Collier County, Inc.
Project Budget
Printing of calendars
Data compilation, graphics, typesetting & layout
Distribution (postage, mail services, delivery fees)
Total FundinQ - Not to Exceed
$24,000
7
~
ACORD8
CERTIFICATE OF LIABILITY INSURANCE
9 12 2011
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsemen s.
PRODUCER
Lutgert Insurance - Naples
PO Box 112500
Naples FL 34108
INSURED
NAlC.
7
United Arts Council of Collier County
2335 Tamiami Trail North #504
Naples FL 34103
INSURER C :
INSURER 0 :
INSURER E :
INSURER F :
COVERAGES
CERTIFICATE NUMBER: 583305344
REVISION NUMBER:1
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO \MilCH 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ~~i = IlPOUCY EFF II~W-~ LIMITS
LTR POLICY NUMBER Mil&'
A GENERAL LIABILITY NPP2104633B /27/2011 ~/27/2012 EACH OCCURRENCE $1,000,000
- ~~~~~~l9E~~~~nce\
X COMMERCIAL GENERAL LIABILITY $100,000
- ~ CLAlMS.MADE D OCCUR
- MED EXP (Anyone person) $1,000
PERSONAL & ADV INJURY $1,000,000
-
GENERAL AGGREGATE $2,000,000
-
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS. COMPIOP AGG $Included
~ POLlCyT=e-r ~CP.T n LOC $
AUTOMOBILE LIABILITY Ea accident $
-
ANY AUTO BODILY INJURY (Per person) $
- ALL O\M'JED r-- SCHEDULED BODILY INJURY (Per accident) $
- AUTOS f-- AUTOS
NON-O\M'JED r~9~&,;~gAMAGE $
- HIRED AUTOS f-- AUTOS
$
UMBRELLA L1AB H OCCUR EACH OCCURRENCE $
-
EXCESS LIAB CLAIMS.MADE AGGREGATE $
OED I I RETENTION $ $
B WORKERS COMPENSA 110N IHUB3324T387 9/13/2011 ~/13/2012 X I TWC STATU. I IO~-
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETORIPARTNERIEXECUTIVE D E.L. EACH ACCIDENT $100.000
OFFICERIMEMBER EXCLUDED? NIA
(Mandatory In NH) E.L. DISEASE. EA EMPLOYEE $100,000
If yes, describe under E.L. DISEASE. POLICY LIMIT $500,000
DESCRIPTION OF OPERATIONS below
DESCRlP110N OF OPERA 110NS I LOCATIONS I VEHICLES (Attach ACORD 101, Addltiona' Remarks Schedule, If more space Is required)
Contract #09-5321 "Tourist Grant Agreement - United Arts Council of Collier County"
Collier County Board of County Comissioners and the Tourist Development Council are Additional Insured
with regards to the above contract.
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Collier County Board of County Comissioners ACCORDANCE WITH THE POLICY PROVISIONS.
and the Tourist Development Council
3301 Tamiami Trail East AUTHORaEDREPRESENTATIVE
Naples FL 34112 I 'j I ;).,
(~d' (;-
L l k~,..LJ~Y
I /' .\./1. \{
ACORD 25 (2010/05)
@1988-2010ACORDCORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD