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Backup Documents 11/18/2014 Item #16F2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 2 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office CMG 12/1/14 4. BCC Office Board of County T Commissioners \(14-/ / z\-Z\\ 5. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Chris O'Brien Tourism Phone Number 252-4267 Contact/ Department Agenda Date Item was 11/18/14 ✓ Agenda Item Number 16-F-2 Approved by the BCC Type of Document (5) Small Market Grant Agreements Number of Original One of each Attached Documents Attached PO number or account n/a number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? CMG 2. Does the document need to be sent to another agency for additional signatures? If yes, CMG See note provide the Contact Information(Name;Agency; Address;Phone)on an attached sheet. below 3. Original document has been signed/initialed for legal sufficiency. (All documents to be CMG signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's CMG Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the CMG document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's CMG signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip CMG should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 11/18/14 and all changes made during CMG the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the • BCC,all changes directed by the BCC have been made, and the document is ready for •. Chairman's signature. - .s L+I SSG_ VA.S 0' 125 NrkC4\21:7 1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16F 2 MEMORANDUM DATE: December 3, 2014 TO: Chris O'Brien, Events & Marketing Coordinator Tourism Department FROM: Teresa Cannon, Deputy Clerk Minutes and Records Department RE: Small Market Grant Agreements: STX Lacrosse Paradise Shootout, Naples Cup Soccer Tournament, EVP Pro-AM National Championships, Football University National Championships and HITS Triathlon Series Attached for your records are the originals of each agreement referenced above, (Items #16F2) approved by the Board of County Commissioners on November 18, 2014. Please forward for an additional signature and return the fully executed Originals back to the Minutes & Records Department to be held in the Board's Official Records. I can provide you with a certified copy if you need one for your records. If you have any questions, please contact me at 252-8411. Thank you. Attachments (5) 16F 2 FLORIDA SPORTS FOUNDATION Small Market Grant Program Grant Agreement November THIS GRANT AGREEMENT,entered into this day ofAastt 2014,by and between the Florida Sports Foundation,Inc.,a division of Enterprise Florida,Inc.,hereinafter referred to as the"Grantor"and Naples,Marco Island, Everglades CVB,hereinafter referred to as the"Grantee". Collier County WITNESSETH WHEREAS,the Grantor is empowered by provisions of Chapter 320.08058(9)Florida Statutes,to make grants of funds in accordance with promotion of major and minor sporting events,and, WHEREAS,the Florida Sports Foundation has approved an appropriation for such grant, IT IS, in consideration of the mutual undertakings and agreements hereinafter set forth,agreed between the Grantor and the Grantee as follows: 1.0 PARTIES: The parties and their respective addresses for the purposes of this Agreement are: Florida Sports Foundation 101 North Monroe Street,Suite 1000 Tallahassee, Florida 32301 Naples,Marco Island,Everglades CVB Attn.: Rob Wells,Sports Marketing Manager 2800 N.Horseshoe Drive Naples,FL 34104 2.0 NOTICES: All notices between the parties, provided for herein, shall be by confirmed fax, confirmed telex or certified mail,return receipt requested,delivered to the address of the parties as set forth in section 1.0 above. 3.0 GRANT DESCRIPTION: The Grantee will expend grant funds in accordance with"Exhibit A". Funds made available by the Grantor pursuant to this Grant Agreement shall be expended solely for the purpose of the project and the legislatively appropriated purpose, (m) Grantee; Naples,Marco Island,,Everglades CVB (n) Payee:Board of County Commissioners-Collier (o) Name/Date of Event: STX Lacrosse Paradise Shootout-November 8-9,2014 (d) Total Amount of Grant: S3,200.00 (e) Projected Budget:As provided in Grant Application. (f) Reporting Schedule:Grantee shall submit final report and request for reimbursement within ninety(90)days of the last day of the event. Post event reporting less than 80%of projected economic impact figures shall receive prorated amount of final award. (g) Grant Period:August 22,2014 through the end of Event Florida Sports Foundation Small Market Grantarlgreen:eat 2014-2015 Page 16F2 4.0 GRANT REQUIREMENTS: (a) Signage:Grantee agrees to include the Florida Sports Foundation logo on program advertisement in printed materials,or upon any other event related media,or upon appropriate event signage or displays during the event or website acknowledgment. The logo and/or program advertisement must be preapproved by the Grantor. Grantee must provide Grantor within ninety(90)days after the event,copies of any printed material or photographs of any event signage that contains the Florida Sports Foundation logo. (1) Television: If the Grantee agrees to provide television spots for the event contingent per the grant award then a tape of the television spot must be delivered to the Grantor following the event. (c) Audit:Grantee will complete an accounting of the events financial activity within ninety(90) days after the event. (d) Records:Grantee shall retain and maintain all records,including records ofall payments made by the Grantee in connection with the event and available for financial audit as may requested by the Grantor. Records shall include books, records, documents and other evidence, including,but not limited to, vouchers, bills, invoices, requests for payment, and other supporting documentation, which, according to generally accepted governmental accounting principles, procedures and practices, sufficiently and properly reflect ail program costs expended in the performance of this Grant Agreement, Such records shall be retained for a minimum period of seven(7)years after termination of this Agreement. (e) Cancellation Grantee shall notify the Grantor immediately if the event is canceled or rescheduled and the Grantee shall return any funds dispersed pursuant to this Agreement within seven(7)days of such cancellation or rescheduling. (f) Insurance:Grantee shall provide proof of insurance listing the Grantor as an additional insured, prior to the event with minimum liability coverage of$1,000,000 per occurrence. If the Grantee is a government entity and a self-insurer pursuant to Section 768.28,Florida Statute,under a funding program ofself-insurance,this fund will respond to liability ofthe Grantee imposed by laws and in accordance with procedures established under said statute. If a self-insurer,the Grantee must still provide additional liability coverage listing the State of Florida,Enterprise Florida,inc.and the Grantor as an additional insured. (g) Indemnification:Grantee shall act as an independent contractor and novas an employee of the Grantor in the performance of the tasks and duties,which are the subject of this Grant Agreement. The Grantee shall be liable,and agrees to be liable for,and to the extent allowed by law,shall indemnify,defend,and hold the Grantor harmless from all claims,suits,judgments,or damages arising from the Grantee's performance of the tasks and duties which are the subject of this Grant Agreement. If Grantee is a government entity they are subject to the provisions and limitations of 768.28 Florida Statute,and agrees to indemnify,hold harmless and defend Grantor from and against claims,demands, causes of action, losses, damages, liabilities, costs and expenses(including attorney's fees)caused as a result of the negligent acts of the government entity or its employees. Florida Sports Foundation Small Market Grant agreement-2014:2015 Page 2 16F2 5.0 TERMINATION: (a) Breach:The Agreement may be terminated by the Grantor for breach upon failure of the Grantee to perform any requirement or provisions of this Agreement upon no less than twenty-four(24)hours written notice from the time the Grantor becomes aware of the breach. If Grantor determines that a breach of any provision of this agreement has occurred,Grantor has the right to withhold a portion of the grant award as determined by the Board of Directors. (b) Refusal to Grant Public Access:This Agreement may be terminated by the Grantor for refusal by the Grantee to allow public access to all documents,papers,letters,or other material subject to the provisions of Chapter 119,Florida Statutes,and made or received by the Grantee in conjunction with this Agreement. (Section 287.058,Florida Statutes) (c) Unauthorized Aliens: Grantor will consider the employment of unauthorized aliens,by any contractor or subcontractor,as described by Section 274A(e)of the Immigration and Nationalization Act, cause for termination of this Agreement, Grantee shall utilize the U.S.Department of Homeland Security's E-Verify,in accordance with the terms governing the use of the system,to verify the employment eligibility of: (a) all persons employed during the contract term by the contractor to perform employment duties within Florida; and (b) all persons (including subcontractors)assigned by Grantee to perform work pursuant to this agreement. 6.0 PAYMENTS: (a) Transfer of Funds.Funds will be transferred and made available by the Grantor to the Payee as designated herein,as a reimbursement for paid invoices,which are supported by canceled checks dated within the grant period. The following summarizes the allowable/disallowable expenses that may be used for reimbursement. Allowable Expenses: 21. Promotion,marketing&programming 22. Paid advertising&media buys 23. Production&technical expenses;officials 24, Site fees,venue rentals,costs(contract help) 25. Rentals,insurance,rights fees,bid fees,sanction fees,non-monetary awards Disallowable Expenses: 25. general and administrative expenses 26. building,renovating and/or remodeling 27. permanent equipment purchases 28. debts incurred prior to the grant 29. programs which solicit advertising 30. hospitality or social functions (b) Availability of Funds.The Grantor's liability under this Grant Agreement is contingent upon the continued availability of appropriated Hinds generated by the Florida Professional Sports License Plates. In the event this Grant Agreement extends beyond the Grantor's current fiscal year that begins on July 1 of each year and ends on June 30 of each succeeding year,the Grantor and the Grantee mutually agree that performance and payment during subsequent fiscal periods is contingent upon sufficient funds being generated by said sales of license tags. The Grantor shall be the final determiner of the availability of such funds. Florida Sports Foundation Small Market Grant Agreement--1014-2015 pages � I 16F2 7.0 LEGAL REQUIREMENTS: (a) With respect to its interpretation,construction,effect,performance,enforcement,and all other matters,this Grant Agreement shall be governed by,and be consistent with,the whole law of the state of Florida,both procedural and substantive.Any and all litigation arising under this Grant Agreement shall be brought in the appropriate state of Florida court in Leon County,Florida. (b) Grantee agrees to comply with any applicable federal, state, and local laws related to the execution of the program. 8.0 MODIFICATION:This writing contains the entire Grant Agreement of the parties. No representations were made or relied upon by either party,other than those that are expressly set forth. No agent,employee, or other representative of either party is empowered to alter any of the terms of this Grant Agreement,unless done in writing and signed by an executive officer of the Grantee and designee for the Grantor. 9.0 MISCELLANEOUS: (a) The Grantor is not bound by any agreements to indemnify or hold harmless,nor responsible for liquidated damages or cancellation charges. (h) No provision of this Grant Agreement shall be construed as a waiver by the Grantor of any right, defense or claim, which the Grantor may have in any litigation arising under the Grant Agreement. Nor shall any Agreement provision be construed as a waiver by the state of Florida of any right to initiate litigation. (c) To Grantee's knowledge,it has not been placed on the discriminatory vendor list described by section 287.134,Florida Statutes. (d) Grantee affirms that at no time has it been convicted of a Public Entity Crime and agrees that any such conviction during the term of this contract may result in termination of the contract. IN WITNESS WHEREOF,the parties have caused their hand to be set by their respective authorized officials hereto. Board of Con y Commissioners Florida Sports Foundation Naples, co Is/.. `d,Everglades CVS John Webb,President Signature-Au orized 1� n arm HENNING CHAIII Date Title R; a 11/18/14 Date Ap$0000i 010#31014011 kooky P EST: DWI � - , F Florida Spans&flu dodo • 1$ 19 ' ,401(.ri � f " '""` Small Market Grant Agreement-2'v." " o Attest as.:fA Chairman's - (1) - et not ree.offly. _ FLORIDA SPORTS FOUNDATION 16F 2 Small Market Grant Program Grant Agreement 18th November THIS GRANT AGREEMENT,entered Into this4204dayofloragust,2014,by and between the Florida Sports Foundation,Inc.,a division of Enterprise Florida,Inc.,hereinafter referred to as the"Grantor"and Naples,Marco Island, Everglades CVB,hereinafter referred to as the"Grantee". Co11 ler County SVITNESSETH WHEREAS,the Grantor is empowered by provisions of Chapter 320.08058(9)Florida Statutes,to make grants of funds in accordance with promotion of major and minor sporting events,and, WHEREAS,the Florida Sports Foundation has approved an appropriation for such grant, IT IS, in consideration of the mutual undertakings and agreements hereinafter set forth,agreed between the Grantor and the Grantee as follows: 1.0 PARTIES: The parties and their respective addresses for the purposes of this Agreement are: Florida Sports Foundation 101 North Monroe Street,Suite 1000 Tallahassee,Florida 32301 Naples,Marco island,Everglades CVB Attn.: Rob Wells,Sports Marketing Manager 2800 N.Horseshoe Drive Naples,FL 34104 -- 2.0 NOTICES: All notices between the parties, provided for herein, shall be by confirmed fax,confirmed telex or certified mail,return receipt requested,delivered to the address of the parties as set forth in section 1.0 above, 3,0 GRANT DESCRIPTION: The Grantee will expend grant funds in accordance with "Exhibit A". Funds made available by the Grantor pursuant to this Grant Agreement shall be expended solely for the purpose of the project and the legislatively appropriated purpose. (g) Grantee: Naples,Marco Island,Everglades CVB (h) Payee:Board of County Commissioners-Collier (i) Name/Date of Event: Naples Cup Soccer Tournament-September 19-21,2014 (d) Total Amount of Grant: 51,500.00 (e) Projected Budget:As provided in Grant Application. (f) Reporting Sche tile:Grantee shall submit final report and request for reimbursement within ninety(90)days of the last day of the event. Post event reporting less than$Q%of projected economic impact figures shall receive prorated amount of final award. (g) Grant Period:August 22,2014 through the end of Event Florida Sports Foundation Small rltarkefGrunt rtgreement.2414-?415 Page 1 16F2 4.0 GRANT REQUIREMENTS: (a) Signage:Grantee agrees to include the Florida Sports Foundation logo on program advertisement in printed materials,or upon any other event related media,or upon appropriate event signage or displays during the event or website acknowledgment. The logo and/or program advertisement must be preapproved by the Grantor. Grantee must provide Grantor within ninety(90)days after the event,copies of any printed material or photographs of any event signage that contains the Florida Sports Foundation logo. (d) Television: If the Grantee agrees to provide television spots for the event contingent per the grant award then a tape of the television spot must be delivered to the Grantor following the event. (c) Audit:Grantee will complete an accounting of the events financial activity within ninety(90) days after the event. (d) Records:Grantee shall retain and maintain all records,including records of all payments made by the Grantee in connection with the event and available for financial audit as may be requested by the Grantor. Records shall include books, records, documents and other evidence, including, but not limited to, vouchers, bills, invoices, requests for payment, and other supporting documentation, which, according to generally accepted governmental accounting principles, procedures and practices, sufficiently and properly reflect all program costs expended in the performance of this Grant Agreement. Such records shall be retained for a minimum period of seven(7)years after termination of this Agreement. (e) Cancellation: Grantee shall notify the Grantor immediately if the event is canceled or rescheduled and the Grantee shall return any funds dispersed pursuant to this Agreement within seven(7)days of such cancellation or rescheduling. (f) Insurance:Grantee shall provide proof of insurance listing the Grantor as an additional insured, prior to the event with minimum liability coverage of$1,000,000 per occurrence. If the Grantee is a government entity and a self-insurer pursuant to Section 768.28,Florida Statute,under a funding program of self-insurance,this fund will respond to liability of the Grantee imposed by laws and in accordance with procedures established under said statute. Ile self-insurer,the Grantee must still provide additional liability coverage listing the State of Florida,Enterprise Florida,Inc.and the Grantor as an additional insured. (g) Indemnification:Grantee shall act as an independent contractor and not as an employee of the Grantor in the performance of the tasks and duties,which are the subject of this Grant Agreement. The Grantee shall be liable,and agrees to be liable for,and to the extent allowed by law,shall indemnify,defend,and hold the Grantor harmless from all claims,suits,judgments,or damages arising from the Grantee's performance of the tasks and duties which are the subject of this Grant Agreement. If Grantee is a government entity they are subject to the provisions and limitations of 768.28 Florida Statute,and agrees to indemnify,hold harmless and defend Grantor from and against claims,demands, causes of action, losses, damages,liabilities, costs and expenses(including attorney's fees)caused as a result of the negligent acts of the government entity or its employees. Florida Sports Foundation Small Market Grant Agreement-2014-3015 16F 2 5.0 TERMINATION: (a) Breach:The Agreement may be terminated by the Grantor for breach upon failure of the Grantee to perform any requirement or provisions of this Agreement upon no less than twenty-four(24)hours written notice from the time the Grantor becomes aware of the breach. 1f Grantor determines that a breach of any provision of this agreement has occurred,Grantor has the right to withhold a portion of the grant award as determined by the Board of Directors. (b) Refusal to Grant Public Access:This Agreement may be terminated by the Grantor for refusal by the Grantee to allow public access to all documents,papers,letters,or other material subject to the provisions of Chapter 119,Florida Statutes,and made or received by the Grantee in conjunction with this Agreement. (Section 287.058,Florida Statutes) (c) Unauthorized Aliens: Grantor will consider the employment of unauthorized aliens,by any contractor or subcontractor, as described by Section 274A(e)of the Immigration and Nationaliation Act,cause for termination of this Agreement, Grantee shall utilize the U.S.Department of Homeland Security's E-Verify,in accordance with the terms governing the use of the system,to verify the employment eligibility of: (a) all persons employed during the contract term by the contractor to perform employment duties within Florida; and (b) all persons (including subcontractors)assigned by Grantee to perform work pursuant to this agreement. 6.0 PAYMENTS: (a) Transfer of Funds.Funds will be transferred and made available by the Grantorto the Payee as designated herein,as a reimbursement for paid invoices,which are supported by canceled checks dated within the grant period. The following summarizes the allowable/disallowable expenses that may be used for reimbursement. Allowable Expenses: I I. Promotion,marketing&programming 12. Paid advertising&media buys 13. Production&technical expenses;officials 14. Site fees,venue rentals,costs(contract help) IS. Rentals,insurance,rights fees,bid fees,sanction fees,non-monetary awards Disallowable Expenses: 13. general and administrative expenses 14. building,renovating and/or remodeling 15. permanent equipment purchases 16. debts incurred prior to the grant 17. programs which solicit advertising 18. hospitality or social functions (b) Availability of Funds.The Grantor's liability under this Grant Agreement is contingent upon the continued availability of appropriated funds generated by the Florida Professional Sports License Plates. In the event this Grant Agreement extends beyond the Grantor's current fiscal year that begins on July i ofeach year and ends on June 30 of each succeeding year,the Grantor and the Grantee mutually agree that performance and payment during subsequent fiscal periods is contingent upon sufficient funds being generated by said sales of license tags. The Grantor shall be the final determiner of the availability of such funds. Florida Sports Foundation Small.titarhet Grain Agreement•2Ol4.211l S Paged , 16F 2 7.0 LEGAL REOUIREMVIENTS. (a) With respect to its interpretation,construction,effect,performance,enforcement,and all other matters,this Grant Agreement shall be governed by,and be consistent with,the whole law,of the state of Florida,both procedural and substantive. Any and all litigation arising under this Grant Agreement shall be brought in the appropriate state of Florida court in Leon County,Florida. (b) Grantee agrees to comply with any applicable federal, state, and local lawsrelated to the execution of the program. 8.0 MODIFICATION:This writing contains the entire Grant Agreementofthe parties.No representations were made or relied upon by either party,other than those that are expressly set forth. No agent,employee,or other representative of either party is empowered to alter any of the terms of this Grant Agreement,unless done in writing and signed by an executive officer of the Grantee and designee for the Grantor. 9.0; MISCELLANEOUS: (a) The Grantor is not bound by any agreements to indemnify or hold harmless,nor responsible for liquidated damages or cancellation charges. (b) No provision of this Grant Agreement shall be construed as a waiver by the Grantor of any right, defense or claim, which the Grantor may have in any litigation arising under the Grant Agreement, Nor shall any Agreement provision be construed as a waiver by the state of Florida of any right to initiate litigation. (c) To Grantee's knowledge,it has not been placed on the discriminatory vendor list described by section 287.134,Florida Statutes. (d) Grantee affirms that at no time has it been convicted ofa Public Entity Crime and agrees that any such conviction during the term of this contract may result in termination of the contract. • IN WITNESS WHEREOF,the parties have caused their hand to be set by their respective authorized officials hereto. Board of Co ty Commissioners Florida Sports Foundation Naples, ;?re*is d,Everglades CVB olliai.— /Adlle, . John Webb,President Signature-Aut orized •! 'I'QM HENNING CIIAT.Er rT Date Title ,� ; 11/18/14 ':; Date wd as to font ttattittSalitY Det Doti SR* /lc FIwIQa Sports ' i --)ekiku224...9_. ; '' ' ` Small Market Grant Ag ", i .- i ' " v. .r ,)t ) Page• '.''f ' ''1 f,.,irm7ttlirn,only. 16F2 FLORIDA SPORTS FOUNDATION Small Market Grant Program Grant Agreement 18th November THIS GRANT AGREEMENT,entered into thisday ofd 2014,by and between the Florida Sports Foundation,Inc.,a division of Enterprise Florida,Inc.,hereinafter referred to as the"Grantor"and Naples,Marco Island, Everglades CVB,hereinafter referred to as the"Grantee". Collier County WITNESSETH WHEREAS,the Grantor is empowered by provisions of Chapter 320.08058(9)Florida Statutes,to make grants of funds in accordance with promotion of major and minor sporting events,and, WHEREAS,the Florida Sports Foundation has approved an appropriation for such grant. IT IS, in consideration of the mutual undertakings and agreements hereinafter set forth,agreed between the Grantor and the Grantee as follows: 1.0 PARTIES: The parties and their respective addresses for the purposes of this Agreement are: Florida Sports Foundation 101 North Monroe Street,Suite 1000 Tallahassee,Florida 32301 Naples,Marco Island,Everglades CVB Attn.: Rob Wells,Sports Marketing Manager 2800 N.Horseshoe Drive Naples,FL 34 104 2.0 NOTICES: All notices between the parties, provided for herein, shall be by confirmed fax,confirmed telex or certified mail,return receipt requested,delivered to the address of the parties as set forth in section 1.0 above. 3.0 GRANT DESCRIPTION: The Grantee will expend grant funds in accordance with"Exhibit A". Funds made available by the Grantor pursuant to this Grant Agreement shall be expended solely for the purpose of the project and the legislatively appropriated purpose. (d) Grantee: Naples,Marco Island,Everglades CVB (e) Payee: Board of County Commissioners-Collier (f) Name/Date of Event: EVP Pro-Am National Championships-September 20,2014 (d) Total Amount of Grant: $1,000.00 (e) Projected Budget:As provided in Grant Application. (f) Reporting Schedule:Grantee shall submit final report and request for reimbursement within ninety(90)days of the last day of the event. Post event reporting less than 80%of projected economic impact figures shall receive prorated amount of final award. (g) Grant Period: August 22,2014 through the end of Event 4.0 GRANT REQUIREMENTS: Florida Sports Foundation Sinai!Market Grant Agreement-2414.2013 Page 1 16F 2 . (a) Signage:Grantee agrees to include the Florida Sports Foundation logo on program advertisement in printed materials,or upon any other event related media,or upon appropriate event signage or displays during the event or website acknowledgment. The logo and/or program advertisement must be preapproved by the Grantor. Grantee must provide Grantor within ninety(90)days after the event,copies of any printed material or photographs ofany event signage that contains the Florida Sports Foundation logo. (c) Television: If the Grantee agrees to provide television spots for the event contingent per the grant award then a tape of the television spot must be delivered to the Grantor following the event. (c) Audit:Grantee will complete an accounting of the events financial activity within ninety(90) days after the event. (d) Records:Grantee shall retain and maintain all records,including,records ofall payments made by the Grantee in connection with the event and available for financial audit as may requested by the Grantor.Records shall include books,records, documents and other evidence, including, but not limited to, vouchers, bills, invoices, requests for payment, and other supporting documentation, which, according to generally accepted governmental accounting principles, procedures and practices, sufficiently and properly reflect all program costs expended in the performance of this Grant Agreement. Such records shall be retained for a minimum period of seven(7)years after termination of this Agreement. (e) Cancellation: Grantee shall notify the Grantor immediately if the event is canceled or rescheduled and the Grantee shall return any funds dispersed pursuant to this Agreement within seven(7)days of such cancellation or rescheduling. (f) Insurance:Grantee shall provide proof of insurance listing the Grantor as an additional insured, prior to the event with minimum liability coverage of$1,000,000 per occurrence. If the Grantee is a government entity and a self-insurer pursuant to Section 768,28,Florida Statute,under a funding program of self-insurance,this fund will respond to liability of the Grantee imposed by laws and in accordance with procedures established under said statute. Ifa self-insurer,the Grantee Must still provide additional liability coverage listing the State of Florida,Enterprise Florida,Inc.and the Grantor as an additional insured. (g) Indemnification:Grantee shall act as an independent contractor and not as an employee of the Grantor in the performance of the tasks and duties,which are the subject of this Grant Agreement. The Grantee shall be liable,and agrees to be liable for,and to the extent allowed by law,shall indemnify,defend,and hold the Grantor harmless from all claims,suits,judgments,or damages arising from the Grantee's performance of the tasks and duties which are the subject of this Grant Agreement. if Grantee is a government entity they are subject to the provisions and limitations of 768.28 Florida Statute,and agrees to indemnify,hold harmless and defend Grantor from and against claims,demands, causes of action, losses, damages,liabilities, costs and expenses(including attorney's fees)caused as a result of the negligent acts of the government entity or its employees. Florida Spares Foundation Small Market Grant Agreement-1014-2015 Page 16F2I 5.0 TERMINATION: (a) Breach:The Agreement may be terminated by the Grantor for breach upon failure of the Grantee to perform any requirement or provisions of this Agreement upon no less than twenty-four(24)hours written notice from the time the Grantor becomes aware of the breach. If Grantor determines that a breach of any provision of this agreement has occurred,Grantor has the right to withhold a portion of the grant award as determined by the Board of Directors. (b) Refusal to Grant Public Access:This Agreement may be terminated by the Grantor for refusal by the Grantee to allow public access to all documents,papers,letters,or other material subject to the provisions of Chapter 119,Florida Statutes,and made or received by the Grantee in conjunction with this Agreement. (Section 287.058,Florida Statutes) (c) Unauthorized Aliens: Grantor will consider the employment of unauthorized aliens,by any contractor or subcontractor,as described by Section 274A(e)of the Immigration and Nationalization Act,cause for termination of this Agreement. Grantee shall utilize the U.S.Department of Homeland Security's E-Verify,in accordance with the terms governing the use of the system,to verify the employment eligibility of: (a) all persons employed during the contract term by the contractor to perform employment duties within Florida; and (b) all persons (including subcontractors)assigned by Grantee to perform work pursuant to this agreement. 6.0 PAYMENTS: (a) Transfer of Funds.Funds will be transferred and made available by the Grantor to the Payee as designated herein,as a reimbursement for paid invoices,which are supported by canceled checks dated within the grant period. The following summarizes the allowable/disallowable expenses that may be used for reimbursement. Allowable Expenses; 6. Promotion,marketing&programming 7. Paid advertising&media buys 8. Production&technical expenses;officials 9. Site fees,venue rentals,costs(contract help) 10. Rentals,insurance,rights fees,bid fees,sanction fees,non-monetary awards Disallowable Exoenses; 7. general and administrative expenses 8. building,renovating and/or remodeling 9. permanent equipment purchases 10. debts incurred prior to the grant 11. programs which solicit advertising 12. hospitality or social functions (b) Availability ofFunds.The Grantor's liability under this Grant Agreement is contingent upon the continued availability of appropriated funds generated by the Florida Professional Sports License Plates. In the event this Grant Agreement extends beyond the Grantor's current fiscal year that begins on July 1 of each year and ends on June30 of each succeeding year,the Grantor and the Grantee mutually agree that performance and payment during subsequent fiscal periods is contingent upon sufficient funds being generated by said sales of license tags, The Grantor shall be the final determiner of the availability of such funds. Florida Sports Foundation Small Market Giant Agreement-30141013 #010 Page 3 16F 2 7.0 LEGAL REQUIREMENTS; (a) With respect to its interpretation,construction,effect,performance,enforcement,and all other matters,this Grant Agreement shall be governed by,and be consistent with,the whole law of the state of Florida,both procedural and substantive. Any and all litigation arising under this Grant Agreement shalt be brought in the appropriate state of Florida court in Leon County,Florida. (b) Grantee agrees to comply with any applicable federal, state, and local laws related to the execution of the program. 8.0 MODIFICATIQN:This writing contains the entire Grant Agreement of the parties. No representations were made or relied upon by either party,other than those that are expressly set forth. No agent,employee,or other representative of either party is empowered to alter any of the terms of this Grant Agreement,unless done in writing and signed by an executive officer of the Grantee and designee for the Grantor. 9.0 MISCELLANEOUS; (a) The Grantor is not bound by any agreements to indemnify or hold harmless,nor responsible for liquidated damages or cancellation charges. (b) No provision of this Grant Agreement shall be construed as a waiver by the Grantor ofany right, defense or claim, which the Grantor may have in any litigation arising under the Grant Agreement. Nor shall any Agreement provision be construed as a waiver by the state of Florida of any right to initiate litigation. (c) To Grantee's knowledge,it has not been placed on the discriminatory vendor list described by section 287.134,Florida Statutes. (d) Grantee affirms that at no time has it been convicted ofa Public Entity Crime and agrees that any such conviction during the term of this contract may result in termination of the contract. IN WITNESS WHEREOF,the parties have caused their hand to be set by their respective authorized officials hereto. Boardf Co • „ty Commissioners Florida Sports Foundation Naples, arco is ;{fid,Everglades CVII rs John Webb,President Signature-Aut orized A c ent atm NEM= / CHAIRMAN Date Title 11/]8/14 Date t Vie. ♦4• . n as to(Oral 014 kOlitY , ATTEST: Florida Sports Foundall -ykl k + , , Clerk Small,Slgrket GrantAgreement- 0 \-i1S .:6 ',i HT E . [, , � keliStlear retell)!1 7klt Page 4 t� � flis s 0 Chairman's (c / . ~-inngturt3 only. 16F FLORIDA SPORTS FOUNDATION Grant Program Grant Agreement 18th November THIS GRANT AGREEMENT,entered into this 2,204 day of.A v,s"st 7014,by and between the Florida Sports Foundation, Inc., a division of Enterprise Florida, Inc., hereinafter referred to as the "Grantor" and Naples, Marco Island,Everglades CVB,hereinafter referred to as the"Grantee". Collier County WITNESSETH WHEREAS,the Grantor is empowered by provisions of Chapter 320.08058(9)Florida Statutes,to make grants of funds in accordance with promotion of major and minor sporting events,and, WHEREAS,the Florida Sports Foundation has approved an appropriation for such grant. IT IS, in consideration of the mutual undertakings and agreements hereinafter set forth, agreed between the Grantor and the Grantee as follows: 1.0 PARTIES: The parties and their respective addresses for the purposes of this Agreement are: Florida Sports Foundation 101 North Monroe Street,Suite 1000 Tallahassee,FL 32301 Naples,Marco Island,Everglades CVB Attn.: Rob Wells,Sports Marketing Manager 2800 N.Horseshoe Drive Naples,FL 34104 2.0 NOTICES: All notices between the parties, provided for herein, shall be by confirmed fax, confirmed FedEx or certified mail,return receipt requested,delivered to the address of the parties as set forth in section 1.0 above. 3.0 GRANT DESCRIPTION: The Grantee will expend grant funds in accordance with "Exhibit A". Funds made available by the Grantor pursuant to this Grant Agreement shall be expended solely for the purpose of the project and the legislatively appropriated purpose. (a) Grantee Naples,Marco Island,Everglades CVB (b) Payee:Board of County Commissioners-Collier (c) Name/Date of Eventz. Football University National Championship=December 16.21,2014 (d) Total Amount of Grant: $16,000.00 (e) Projected Badget:As provided in Grant Application. (1) Reporting Schedule: Grantee shall submit final report and request for reimbursement within ninety(90) days of the last day of the event. Post event reporting less than 80%of projected economic impact figures shall receive a prorated amount of final award. Grantee reporting less than$500,000 in calculated out-of-State economic impact shall not receive final grant award. (g) Grant Period:August 22,2014 through the end of Event Florida Sports Foundation Grant Agreement 20142015 Page 1 C;) 16F 2 4.0 GRANT REQUIREMENTS: (a) Signage: Grantee agrees to include the Florida Sports Foundation logo on program, advertisement in printed materials,or upon any other event related media,or upon appropriate event signage or displays during the event or website acknowledgment. The logo andtor program advertisement must be preapproved by the Grantor. Grantee must provide Grantor within ninety (90) days after the event, copies of any printed material or photographs of any event signage that contains the Florida Sports Foundation logo. (b) Television: If the Grantee agrees to provide television spots for the event contingent per the grant award then a tape of the television spot must be delivered to the Grantor following the event. (c) Audit: Grantee will complete an accounting of the events financial activity within ninety(90) days after the event. (d) Records:Grantee shall retain and maintain all records,including records of aft payments made in connection with the event and available for financial audit as may be requested by the Grantor. Records shall include books, records, documents and other evidence, including, but not limited to, vouchers, bills, invoices, requests for payment, and other supporting documentation, which, according to generally accepted governmental accounting principles, procedures and practices,sufficiently and properly reflect all program costs expended in the performance of this Grant Agreement. Such records shall be retained for a minimum period of seven (7)years after termination of this Agreement. (e) Cancellation: Grantee shall notify the Grantor immediately if the event is canceled or rescheduled and the Grantee shall return any funds dispersed pursuant to this Agreement within seven(7)days of such cancellation or rescheduling. (1) Insurance:Grantee shall provide proof of insurance listing the Grantor as an additional insured, prior to the event with minimum liability coverage of$1,000,000 per occurrence. If the Grantee is a government entity and a self-insurer pursuant to Section 768.28, Florida Statute, wider a funding program of self-insurance, this fund will respond to liability of the Grantee imposed by laws and in accordance with procedures established under said statute. If a self-insurer, the Grantee must still provide additional liability coverage listing the Grantor as an additional insured. (g) Indemnification: Grantee shall act as an independent contractor and not as an employee of the Grantor in the performance of the tasks and duties,which are the subject of this Grant Agreement. The Grantee shall be liable, and agrees to be liable for, and to the extent allowed by law, shall indemnify, defend, and hold the Grantor harmless from all claims, suits,judgments,or damages arising from the Grantee's performance of the tasks and duties which are the subject of this Grant Agreement. If Grantee is a government entity,they are subject to the provisions and limitations of 768.28 Florida Statute, and agrees to indemnify, hold harmless and defend Grantor from and against claims,demands,causes of action, losses,damages,liabilities,costs and expenses(including attorney's fees)caused as a result of the negligent acts of the government entity or its employees. Florida Sports Foundation Grant Agreement-3014-1015 ny Page 2 4 16F2 5.0 TERMINATION: (a) Breach: The Agreement may be terminated by the Grantor for breach upon failure of the Grantee to perform any requirement or provisions of this Agreement upon no less than twenty-four(24)hours written notice from the time the Grantor becomes aware of the breach. If Grantor determines that a breach of any provision of this agreement has occurred,Grantor has the right to withhold a portion of the grant award as determined by the policies set by the Board of Directors. (b) Refusal to Grant Public Access:This Agreement may be terminated by the Grantor for refusal by the Grantee to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Grantee in conjunction with this Agreement. (Section 287.058,Florida Statutes) (c) Unauthorized Aliens: Grantor will consider the employment of unauthorized aliens, by any contractor or subcontractor, as described by Section 274A(e) of the Immigration and Nationalization Act, cause for termination of this Agreement. Grantee shall utilize the U.S. Department of Homeland Security's E-Verify, in accordance with the terms governing the use of the system, to verify the employment eligibility of: (a) all persons employed during the contract term by the contractor to perform employment duties within Florida; and(b) all persons (including subcontractors)assigned by Grantee to perform work pursuant to this agreement. 6.0 PAYMENTS: (a) Transfer of Funds. Funds will be made available by the Grantor to the Payee as designated herein,as a reimbursement for paid invoices,which are supported by canceled checks dated within the grant period,upon receipt and review of a completed Post Event Report. Only those items identified as allowable below will be reimbursed. The following summarizes the allowable/disallowable expenses that may be used for reimbursement. Allowable Expenses: 1. Promotion,marketing&programming 2. Paid advertising&media buys 3. Production&technical expenses;officials 4. Site fees,venue rentals,costs(contract help) 5. Rentals,insurance,rights fees,bid fees,sanction fees,non-monetary awards Disallowable Expenses: 1. general and administrative expenses 2. building,renovating and/or remodeling 3. permanent equipment purchases 4. debts incurred prior to the grant 5. programs which solicit advertising 6. hospitality or social functions (b) Availability of Funds. The Grantor's liability under this Grant Agreement is contingent upon the continued availability of appropriated funds generated by the Florida Professional Sports License Plates. In the event this Grant Agreement extends beyond the Grantor's current fiscal year that begins on July 1 of each year and ends on June 30 of each succeeding year, the Grantor and the Grantee mutually agree that performance and payment during subsequent fiscal periods is contingent upon sufficient funds being generated by said sales of license tags. The Grantor shall be the final determiner of the availability of such funds. Florida Sports Foundation Grant Agreement-2014.201S Page 3 jr 16F 2 7.0 LEGAL REOUIREMENTS. (a) With respect to its interpretation,construction,effect, performance,enforcement,and all other matters, this Grant Agreement shall be governed by,and be consistent with,the whole law of the state of Florida,both procedural and substantive. Any and all litigation arising under this Grant Agreement shall be brought in the appropriate state of Florida court in Leon County,Florida. (b) Grantee agrees to comply with any applicable federal, state, and local laws related to the execution of the program. 8.0 MODIFICATION:This writing contains the entire Grant Agreement of the parties. No representations were made or relied upon by either party, other than those that are expressly set forth. No agent, employee, or other representative of either party is empowered to alter any of the terms of this Grant Agreement,unless done in writing and signed by an authorized agents of the Grantee and the Grantor. 9.0 MISCELLANEOUS: (a) The Grantor is not bound by any agreements to indemnify or hold harmless,nor responsible for liquidated damages or cancellation charges. (b) No provision of this Grant Agreement shall be construed as a waiver by the Grantor of any right,defense or claim, which the Grantor may have in any litigation arising under the Grant Agreement. Nor shall any Agreement provision be construed as a waiver by the state of Florida of any right to initiate litigation. (c) To Grantee's knowledge, it has not been placed on the discriminatory vendor list described by section 287.134,Florida Statutes. (d) Grantee affirms that at no time has it been convicted of a Public Entity Crime and agrees that any such conviction during the term of this contract may result in termination of the contract. IN WITNESS WHEREOF,the parties have caused their hand to be set by their respective authorized officials hereto. Board of County Commissioners Florida Sports Foundation Naples, co Isla',, Everglades CVB John Webb,President ignature-Aut'4 zed Age t T! li ENING CHAIRMAN / Date Title 11/18/14 Date ° • r4: •i ," edasto rn , 'f. , Dv* �' , Clerk1'� (. Assistant l s - s ` torula Sports Foundation GrantAgreement-2014 20LS es as o airman s Page Fant,tre only. 16F 2 FLORIDA SPORTS FOUNDATION Small Market Grant Program Grant Agreement 18th November THIS GRANT AGREEMENT, entered into this 45th day of October, 2014, by and between the Florida Sports Foundation, Inc., a division of Enterprise Florida, Inc., hereinafter referred to as the "Grantor" and Naples, Marco Island,Everglades CVB,hereinafter referred to as the"Grantee". Collier County WITNESSETH WHEREAS, the Grantor is empowered by provisions of Chapter 320.08058(9) Florida Statutes, to make grants of funds in accordance with promotion of major and minor sporting events,and, WHEREAS,the Florida Sports Foundation has approved an appropriation for such grant. IT IS, in consideration of the mutual undertakings and agreements hereinafter set forth, agreed between the Grantor and the Grantee as follows: 1.0 PARTIES: The parties and their respective addresses for the purposes of this Agreement are: Florida Sports Foundation 101 North Monroe Street,Suite 1000 Tallahassee,Florida 32301 Naples,Marco Island,Everglades CVB Attn.: Chris Obrien,Sr Sports Marketing Manager 2660 N Horseshoe Drive Naples,FL 34104 2.0 NOTICES: All notices between the parties, provided for herein, shall be by confirmed fax,confirmed telex or certified mail,return receipt requested,delivered to the address of the parties as set forth in section 1.0 above. 3.0 GRANT DESCRIPTION: The Grantee will expend grant funds in accordance with 6.0(a),located in this contract.Funds made available by the Grantor pursuant to this Grant Agreement shall be expended solely for the purpose of the project and the legislatively appropriated purpose. (a) Grantee: Naples,Marco Island,Everglades CVB (b) Payee:Board of County Commissioners-Collier (c) Name/Date of Event: HITS Triathlon Series-Naples,FL-January 10-11,2015 (d) Total Amount of Grant: $3,500.00 (e) Projected Budget:As provided in Grant Application. (0 Reporting Schedule:Grantee shall submit final report and request for reimbursement within ninety (90) days of the last day of the event. Post event reporting less than 80% of projected ecOonomic impact figures shall receive prorated amount of final award. (g) Grant Period:October 15,2014 through the end of Event Florida Sports Foundation Small Markel GrantAgreement-2014-2015 Page 1 16F2 4.0 GRANT REQUIREMENTS: (a) Signage: Grantee agrees to include the Florida Sports Foundation logo on program advertisement in printed materials, or upon any other event related media, or upon appropriate event signage or displays during the event or website acknowledgment. The logo and/or program advertisement must be preapproved by the Grantor. Grantee must provide Grantor within ninety(90)days after the event,copies of any printed material or photographs of any event signage that contains the Florida Sports Foundation logo. (b) Television: If the Grantee agrees to provide television spots for the event contingent per the grant award then a tape of the television spot must be delivered to the Grantor following the event. (c) Audit: Grantee will complete an accounting of the events financial activity within ninety (90)days after the event. (d) Records: Grantee shall retain and maintain all records, including records of all payments made by the Grantee in connection with the event and available for financial audit as may be requested by the Grantor. Records shall include books,records,documents and other evidence,including,but not limited to,vouchers, bills, invoices, requests for payment, and other supporting documentation, which, according to generally accepted governmental accounting principles, procedures and practices, sufficiently and properly reflect all program costs expended in the performance of this Grant Agreement. Such records shall be retained for a minimum period of seven (7)years after termination of this Agreement. (e) Cancellation: Grantee shall notify the Grantor immediately if the event is canceled or rescheduled and the Grantee shall return any funds dispersed pursuant to this Agreement within seven (7) days of such cancellation or rescheduling. (f) Insurance: Grantee shall provide proof of insurance listing the Grantor as an additional insured,prior to the event with minimum liability coverage of$1,000,000 per occurrence. If the Grantee is a government entity and a self-insurer pursuant to Section 768.28,Florida Statute, under a funding program of self-insurance,this fund will respond to liability of the Grantee imposed by laws and in accordance with procedures established under said statute. If a self-insurer,the Grantee must still provide additional liability coverage listing the State of Florida,Enterprise Florida,Inc.and the Grantor as an additional insured. (g) Indemnification: Grantee shall act as an independent contractor and not as an employee of the Grantor in the performance of the tasks and duties,which are the subject of this Grant Agreement. The Grantee shall be liable, and agrees to be liable for, and to the extent allowed by law, shall indemnify, defend, and hold the Grantor harmless from all claims, suits,judgments, or damages arising from the Grantee's performance of the tasks and duties which are the subject of this Grant Agreement. If Grantee is a government entity they are subject to the provisions and limitations of 768.28 Florida Statute,and agrees to indemnify, hold harmless and defend Grantor from and against claims, demands, causes of action, losses, damages, liabilities, costs and expenses (including attorney's fees)caused as a result of the negligent acts of the government entity or its employees. Florida Sports Foundation Small Market Grant Agreement-2014-2015 Page 2 a`� 1 6 F 2 5.0 TERMINATION: (a) Breach: The Agreement may be terminated by the Grantor for breach upon failure of the Grantee to perform any requirement or provisions of this Agreement upon no less than twenty-four(24)hours written notice from the time the Grantor becomes aware of the breach. If Grantor determines that a breach of any provision of this agreement has occurred,Grantor has the right to withhold a portion of the grant award as determined by the Board of Directors. (b) Refusal to Grant Public Access: This Agreement may be terminated by the Grantor for refusal by the Grantee to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119,Florida Statutes,and made or received by the Grantee in conjunction with this Agreement. (Section 287.058,Florida Statutes) (c) Unauthorized Aliens: Grantor will consider the employment of unauthorized aliens,by any contractor or subcontractor, as described by Section 274A(e)of the Immigration and Nationalization Act, cause for termination of this Agreement. Grantee shall utilize the U.S. Department of Homeland Security's E-Verify, in accordance with the terms governing the use of the system, to verify the employment eligibility of: (a) all persons employed during the contract term by the contractor to perfonn employment duties within Florida;and(b)all persons (including subcontractors)assigned by Grantee to perform work pursuant to this agreement. 6.0 PAYMENTS: (a) Transfer of Funds.Funds will be transferred and made available by the Grantor to the Payee as designated herein,as a reimbursement for paid invoices,which are supported by canceled checks dated within the grant period. The following summarizes the allowable/disallowable expenses that may be used for reimbursement. Allowable Expenses: 1. Promotion,marketing&programming 2. Paid advertising&media buys 3. Production&technical expenses;officials 4, Site fees,venue rentals,costs(contract help) 5. Rentals,insurance,rights fees,bid fees,sanction fees,non-monetary awards Disallowable Expenses: 1. general and administrative expenses 2. building,renovating and/or remodeling 3. permanent equipment purchases 4. debts incurred prior to the grant 5. programs which solicit advertising 6. hospitality or social functions (b) Availability of Funds.The Grantor's liability under this Grant Agreement is contingent upon the continued availability of appropriated finds generated by the Florida Professional Sports License Plates. In the event this Grant Agreement extends beyond the Grantor's current fiscal year that begins on July 1 of each year and ends on June 30 of each succeeding year,the Grantor and the Grantee mutually agree that performance and payment during subsequent fiscal periods is contingent upon sufficient funds being generated by said sales of license tags. The Grantor shall be the final determiner of the availability of such funds. Florida Sports Foundation Small Markel Grant Agreemen42014.2015 Page J IQ.p 1 6 F 2 7,0 LEGAL REQUIREMENTS: (a) With respect to its interpretation, construction, effect, performance, enforcement, and all other matters, this Grant Agreement shall be governed by, and be consistent with, the whole law of the state of Florida, both procedural and substantive. Any and all litigation arising under this Grant Agreement shall be brought in the appropriate state of Florida court in Leon County,Florida. (b) Grantee agrees to comply with any applicable federal, state, and local laws related to the execution of the program. 8.0 MODIFICATION: This writing contains the entire Grant Agreement of the parties. No representations were made or relied upon by either party, other than those that are expressly set forth. No agent, employee, or other representative of either party is empowered to alter any of the terms of this Grant Agreement, unless done in writing and signed by an executive officer of the Grantee and designee for the Grantor. 9.0 MISCELLANEOUS: (a) The Grantor is not bound by any agreements to indemnify or hold harmless,nor responsible for liquidated damages or cancellation charges. (b) No provision of this Grant Agreement shall be construed as a waiver by the Grantor of any right, defense or claim,which the Grantor may have in any litigation arising under the Grant Agreement. Nor shall any Agreement provision be construed as a waiver by the state of Florida of any right to initiate litigation. (c) To Grantee's knowledge, it has not been placed on the discriminatory vendor list described by section 287.134,Florida Statutes. (d) Grantee affirms that at no time has it been convicted of a Public Entity Crime and agrees that any such conviction during the term of this contract may result in termination of the contract. IN WITNESS WHEREOF,the parties have caused their hand to be set by their respective authorized officials hereto. Board of Coun y Commissioners Florida Sports Foundation Naples,MalfIsla I vergiades CVIS 4114111114.1. John Webb,President Signature-Ausized Agent TOM I ENN CHAIRMAN Date Title 11/18/14 Date r: • Approved as to form and legality Florida Sports Foundation Small Market Grant Agreement-2014-2 15 0 -.. Page 4 CP.Z /� !t11 T E,BR t Clerk ' Assistant County Attorney CS) ttest as to Chairman's