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Backup Documents 09/14/2010 Item #16F 3MEMORANDUM 16F Date: October 21, 2010 To: Lyn Wood, Contract Specialist Purchasing Department From: Teresa Polaski, Deputy Clerk Minutes and Records Department Re: Contract #10 -5551 "Tourism Agreement" Contractor: ArtsNaples World Festival, Inc. Attached one original contract, referenced above (Item #16F3) approved by the Board of County Commissioners on September 14, 2010. The second original document will be held in the Minutes and Records Department with the Official Records of the Board. If you should have any questions please contact me at 252 -8411. Thank you. Attachments L. Polaski 16F3 From: DeLeonDiana [DianaDeLeon @coiliergov.net] Sent: Thursday, October 21, 2010 12:05 PM To: Teresa L. Polaski Cc: Wood, Lyn Subject: RE: Contract #10 -5551 /Item #16F3 from 9/14/10 Attachments: Cat B Agreement - Corrigan Sports Enterprises dd.doc; Amendment 1 (Corrigan).doc; Amendment I(ArtsNaples).doc; Cat B Agreement - ArtsNaples World Festival dd.doc Teresa, I could not find the amendment for Corrigan so I created one (attached). The two (2) agreements attached have been revised. Exhibit "F" should be Exhibit "E ". I've also replaced it in the contract where they are referenced (pages 1, 2 and page 12). Please print and replace these pages in the contract. You might need to print also page 3 since one of the lines went onto the next page on one of the contracts. Let me know if you have any questions. Thanks, Diana De Leon Purchasing Dept (239)252 -8375 From: Teresa L. Polaski [mailto:Teresa.Polaski @collierclerk.com] Sent: Thursday, October 21, 2010 10:50 AM To: DeLeonDiana Subject: FW: Contract #10 -5551 /Item #16F3 from 9/14/10 Can you help with this? Thanks From: Teresa L. Polaski Sent: Thursday, October 21, 2010 10:47 AM To: Wood, Lyn Subject: Contract #10 -5551 /Item #16F3 from 9/14/10 Hi Lynn, I am working on these two contracts (ArtsNaples and Corrigan Sports), they both are missing exhibit "E" and the amendment in not attached to each as well. Could I get a copy of those. Email is fine. Thanks Teresa L. Polaski, BMR Clerk III Minutes and Records Department 239 - 252 -8411 239 - 252 -8408 fax (Teresa.Polaski @collierclerk com) Please visit us on the web at www.colliereterk.com t k ITEM NO.: if6 -pPC . 6V -Jqo FILE NO.: ROUTED TO: Date: October 18, 2010 16F Purchasing Department i r 3301 Tamiami Trail East Naples, Florida 34112 Telephone: (239) 252- FAX: (239) 252- ( " Email: @colliergov.net { , www.colliergov.net V Q tM DATE RECEIVED: n, v 44 U y-� 7f a THIS LINE Request for Legal Services To: Jennifer White Assistant County Attorney From: Lyn Wood, C. P.M. Contract Specialist Y^ Re: 10 -5551 Tourism Agreements and Amendment #1 Contractor: ArtsNaples World Festival, Inc BACKGROUND OF REQUEST: This contract was approved by the BCC on 9114/10; agenda item 16F3. This item has not been previously submitted ACTION REQUESTED: s� ontr t and amendment review and approval. OTHER COMMENTS: /5)�- )DI V O S Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me at the telephone number or email address above. Purchasing would appreciate notification when the documents exit your office. G/ Acquisitions/ AgentFormsandLetters /RiskMgmtReviewofl nsurance4 /15/2010/16/09 Cofer County Administrative Services Division Purchasing Memorandum Subject: Solicitation # 10 -5551 Tourism Agreements Date: October 18, 2010 From: Lyn M. Wood, C.P.M. Contract Specialist J To: Ray Carter Risk Management Purchasing Department 16F 3 3301 Tamiami Trail East Naples, Florida 34112 Telephone: (239) 252 - FAX: (239) 252 - Email: a@colliergov.net www. col I ie rgov. net /purchasing This Contract was approved by the BCC on September 14, 2010, agenda item 16173. The County is in the process of executing this contract with ArtsNaples World Festival Inc. You have waived insurance requirements associated with TDC Grant Agreements pursuant to you email of September 28, 2010, a copy of which is attached. Copies of Amendment #1 removing the insurance requirements are attached to each contract. If you have any questions, please contact me at the above referenced information. Insuraajnn�cc, App ��ed By' Risk Management Signature Date (Please route to County Attorney via attached Request for Legal Services) R1E- r,,E.1VEU G /Acquisitions /AgcntFormsand Letters /RiskMgmtReviewofl n s u ra n ce4 /15/2010/ 16/09 16F 3 mausen_g From: RaymondCarter Sent: Tuesday, October 19, 2010 10:16 AM To: LynWood Cc: HerreraSandra; mausen_g Subject: Agreement 10 -5551 "ArtsNaples World Festival, Inc." Lyn, we have waived the insurance requirement on the ArtsNaples World Festival, Inc. TDC Grant Agreement. The agreement will now be forwarded to the county attorney's office for their review. Thank you, Y.ri.r M Manager Risk Finance Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Office 239 - 252 -8839 Mobile 239- 821 -9370 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 16F 3 LynWood From: LynWood Sent: Tuesday, September 28, 2010 1:59 PM To: WertJack; GreenKelly Subject: FW: TDC Grant Agreements Kelly, You may want to remove all insurance requirements from all of your templates for next year. Lyn From: RaymondCarter Sent: Tuesday, September 28, 2010 1:29 PM To: LynWood Subject: TDC Grant Agreements Lyn, as discussed earlier today, I have no issue with waiving insurance requirements associated with TDC Grant agreements. Ray i� . I Manager Risk Finance Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Office 239 - 252 -8839 Mobile 239 - 821 -9370 Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 www.sunbiz.org - Department of State Home Contact Us Previous on List Next on List E- Filing Services No Events No Name History Return To List Detail by Entity Name Florida Non Profit Corporation ARTSNAPLES WORLD FESTIVAL, INC. / Filing Information v Document Number N09000003951 FEI /EIN Number 264753030 Date Filed 04/22/2009 State FL Status ACTIVE Principal Address 6825 GRENADIER BOULEVARD #1005 NAPLES FL 34108 US Changed 05/05/2010 Mailing Address 6825 GRENADIER BOULEVARD #1005 NAPLES FL 34108 US Changed 05/05/2010 Registered Agent Name & Address CLASP INC 3001 TAMIAMI TRAIL N #400 NAPLES FL 34103 US Name Changed: 04/01/2010 Address Changed: 04 /01/2010 Officer /Director Detail Name & Address Title P LICKHALTER, MERLIN E 6825 GRENADIER BLVD., UNIT 1 NAPLES FL 34108 US Title S SKINDZIER, JAYNE M 3001 TAMIAMI TRAIL N #400 NAPLES FL 34103 US Title VP &T EVERETT. ROSE MARY Document Searches age 1 2 16 Forms Help Entity Name Search Submit. http: / / www.sunbiz.org/ scripts /cordet.exe ?action= DEI'FIL &inq doc number— N09000003... 10/18/2010 www.sunbiz.org - Department of State 6597 NICHOLAS BLVD., APT. 402 NAPLES FL 34108 US Annual Reports Report Year Filed Date 2010 04/01/2010 2010 05/05/2010 Document Images 05/05/2010 -- ANNUAL REPORT View image. in PDF format 04101/2010 -- ANNUAL REPORT View image in PDF format 04/22/2009 -- Domestic Non -Profit View image in PDF format Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List No Events No Name History I Home I Contact us I Document Searches I E -FlhnQ Services I Forms I Help I CODyright,) and Privacy Policies State of Florida, Department of State Page 2 of 2 Entity Name Search Submit http: / /www.sunbiz.org/ scripts /cordet.exe? action= DE'I'FIL &inq doc_ number= N09000003... 10/18/2010 16F 3 2011 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND ARTSNAPLES WORLD FESTIVAL, INC. THIS AGREEMENT is made and entered into this Ist day of October, 2010, 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 to promote 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 "E ", the GRANTEE shall expend the funds for website development to promote the Naples World Festival (hereinafter "the Project'). 1 2. PAYMENT: 16F 3 (a) The amount to be paid under this Agreement shall be a total of Fifteen Thousand Dollars ($15,000). GRANTEE 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 a Request for Funds on the form attached hereto as Exhibit "D" and made a part hereof, and shall submit vendor invoices and copies of cancelled checks or other evidence of payment and performance to the Executive Director of the Naples, Marco, Everglades Convention and Visitors Bureau ( "CVB "), or his designee, for review and upon verification by letter from the GRANTEE that the services or work performed as described in the invoice have been completed or that the goods have been received and that all vendors have been paid. (b) The Executive Director of the CVB 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 E ". (f) All requests for reimbursement must be received prior to September 30, 2011 to be eligible for payment. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in Paragraph One (1) will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2010 and September 30, 2011. (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. INSURANCE: 16F 3 (a) GRANTEE shall submit a Certificate of Insurance naming Collier County Board Of County Commissioners and the Tourist Development Council as additional insureds (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY — Statutory (c) The Certificate of Insurance must be delivered to the Executive Director of the CVB, or his designee, with the executed Agreement. The GRANTEE shall not commence promotional or advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY and the Agreement is fully executed. 5. REPORTING REQUIREMENTS: (a) GRANTEE shall provide to County a preliminary status report on the form attached hereto as Exhibit "A" within thirty (30) days of the effective date of the agreement. (b) GRANTEE shall provide to County a quarterly interim status report on the form attached hereto as Exhibit "B ". (c) GRANTEE shall provide to County a final status report on the form attached hereto as Exhibit "C" no later than October 15, 2011. (d) Each report shall identify the amount spent, the duties performed, the services provided and the goods delivered since the previous reporting period. (e) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. (f) COUNTY may withhold any interim or final payments for failure of GRANTEE to provide the interim status report or final status report until the County receives the interim status report or final status report or other report acceptable to the Executive Director of the CVB. k, 6. t^HOICE OF VENDORS AND FAIR DEALIN : 16F 3 (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph One (1). (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. (c) GRANTEE agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION: GRANTEE shall indemnify and hold harmless Collier County, its agents, officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, 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, Executive Director Naples, Marco Island, Everglades CVB 2800 N. Horseshoe Drive Naples, Florida 34104 -1 16F 3 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE, or its vendors or subcontractors, as an agent or employee of the COUNTY. 10. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this Agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. 11. TERMINATION: (a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination specifying the effective date of termination. (b) If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the termination so long as such expenses are eligible. 12. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records. All revenue related to the Agreement must be recorded, and all expenditures must be incurred within the term of this Agreement. 13. AVAILABILITY OF FUNDS, This agreement is subject to the availability of Tourist Development Tax revenues. If for any reason tourist tax funds are not available to fund all or part of this agreement, the COUNTY may upon written notice , at any time during the term of this agreement, and at its sole discretion, reduce or eliminate funding under this agreement. 14. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement P fora period of three 3 16 F P ()years. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any transactions related to this Agreement. 15. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 16. TERM: This Agreement shall become effective on October 1, 2010 and shall remain effective for one year until September 30, 2011. 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 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 Executive Director of the CVB or his designee, along with a final budget analysis by October 15, 2011. 19. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County and the Tourist Development Council as a source of funds and display the CVB logo with website address to qualify for reimbursement. 20. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, 16F 3 by authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTESTr '. DWJQHT E. BR( Approved esao:form and WITNESSES: G. P)SsEN Printed/Typed Name Printed/Typed Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By. `^ FRED W. COYLE, Chairman GRANTEE: ARTSNAPLES WORLD FESTIVAL, INC. BY: A64� E►ZLI u b &K l-4d (,-rte Printed/Typed Name Pe'15Fslpl Printed/Typed Title 7 Item # A2 J Agenda 4 q Ito Date Date Rw..'N 11ZI 1 1 0 16F 3 EXHIBIT "A" Collier County Tourist Development Council Preliminary Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: TITLE: FAX: On an attached sheet answer the following Questions and attach it to your applfcetlon. 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. 0 EXHIBIT "B" 1 6 F 3 Collier County Tourist Development Council Interim Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: 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? 16F 3 EXHIBIT "C" Collier County Tourist Development Council Final Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: TITLE: FAX: Final — These questions should be answered for your final status report. Was this a first time project? If not, how many times has this event taken place? What hotels /motels were utilized to support the project and how many? What is the total revenue generated for this event? Total expenses. (Have all vendors been paid ?) List the vendors that have been paid, if not, what invoices are still outstanding and why? What is the number of participants that visited the project? What is the percentage of the total participants from out of Collier County? What problems occurred if any during the project event? List any out -of- county- advertising, marketing, and /or public relations that was used to support the project and attach samples. How could the project been improved or expanded? 10 EXHIBIT "D" 16F REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE( ) REQUEST PERIOD REQUEST# ( ) INTERIM REPORT TOTAL CONTRACT AMOUNT TOTALS FROM TO ( ) FINAL REPORT BUDGET REIMBURSEMENT REQUESTED NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Copies of paid Invoices, cancelled checks, tear shoats, 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 shoats without date, company or organizations name. A tear sheet is required for each ad for each day or month of publication. A proof of an ad will not be accepted. Each additional request for payment subsequent to the first request, Grantee Is required to submit verification in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. If project budget has specific categories with set dollar limits, the Grantee is required to Include a spreadsheet to show which category each Invoice is being paid from and total of category before payment can be made to Grantee. Organizations receiving funding should take Into consideration that it will take a maximum of 48 days for the County to process a check. Furnishing false Information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF FINANCIAL OFFICER: I certify that the above Information Is correct based on our official accounting system and records, consistently applied and maintained and that the cost shown have been made for the purpose of and In accordance with, the terms of the contract. The funds requested are for reimbursement of actual cost made during this time period. SIGNATURE TITLE 11 3 Website development Total: EXHIBIT "E" ArtsNaples World Festival, Inc. Project Budget im 16F3 Funding — Not to Exceed $15,000 $15,000 16F 3 EXHIBIT A -1 Contract Amendment #1 112011 Tourism Agreement Between Collier County and Corrigan Sports Enterprise, Inc." This amendment, dated , 2010 to the referenced agreement shall be by and between the parties to the original Agreement, Corrigan Sports Enterprise, Inc. (to be referred to as "GRANTEE ") and Collier County, Florida, (to be referred to as "COUNTY "). Statement of Understanding RE: Contract # 10 -5551 - "2011 Tourism Agreement Between Collier County and Corrigan Sports Enterprise, Inc." In order to continue the services provided for in the original Contract document referenced above, the GRANTEE agrees to amend the above referenced Contract by deleting in its entirety Section 4, INSURANCE. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the GRANTEE and the COUNTY have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. Accepted: 52010 GRANTEE: COUNTY: Corrigan Sports Enterprise, Inc. By: By: _Richard Lee Corrigan, President Type Name of Signatory BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Jack Wert, Department Director CONTRACT SPECIALIST Lyn M. Wood October 26, 2010 Merlin Lickhalter, President ArtsNaples World Festival, Inc. 6825 Grenadier Blvd. #1005 Naples, FL 34108 RE: Contract #10 -5551 "FY 2011 Tourism Agreement— ArtsNaples World Festival, Inc." Dear Mr. Lickhalter: We are pleased to enclose your copy of the fully executed agreement for the above - referenced services which was approved by the Board of County Commissioners on September 14, 2010, Agenda Item 161.3. Also included is a copy of Amendment #1 which deletes Section 4, Insurance. We anticipate a successful relationship, and in order to meet that goal, we want to convey our expectations regarding your role as a contractor as follows: 1. Flexibility in making changes, including resource allocation as the need arises; 2. Creativity in finding cost- effective solutions to unanticipated problems; 3. Cooperation and timely communication with County Project Manager and staff; 4. Proper documentation of costs and expenses associated with this contract. Congratulations on the award of this contract; should you have any questions, please do not hesitate to contact me at 239/252 -2667. Very truly yours, -It &C.P. Lt on W Cont act Specialist C: Jack Wert, Tourism Enclosures V , r� f l�a'r Mc / Purdnsing Depaitmenb 3327 Tami air, i Tr II East - Naples, Florda 34112 -4901 • an,ntcolilergov.netipurohasing 16F3 EXHIBIT A -1 Contract Amendment #1 "2011 Tourism Agreement Between Collier County and ArtsNaples World Festival, Inc." This amendment, dated C1(f17C X L9 , 2010 to the referenced agreement shall be by and between the parties to the original Agreement, ArtsNaples World Festival, Inc. (to be referred to as "GRANTEE ") and Collier County, Florida, (to be referred to as "COUNTY "). Statement of Understanding RE: Contract # 10 -5551 - "2011 Tourism Agreement Between Collier County and ArtsNaples World Festival, Inc." In order to continue the services provided for in the original Contract document referenced above, the GRANTEE agrees to amend the above referenced Contract by deleting in its entirety Section 4, INSURANCE. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the GRANTEE and the COUNTY have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. GRANTEE: ArtsNaples World Festival, Inc. Accepted: 2010 COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: A_�� ° By: ,lack Wert, cpartment Director _Merlin Lickhalter, President Type Name of Signatory CONTRACT SPECIALIST By 7 1 Ly ood Stephen Y. CNrnell Purchasing /General Services Director App nd tr N f■ ■ 1 `Itl ■■NeM�ey kv — OspWy Coady Attorney I6F 3 MEMORANDUM Date: October 21, 2010 To: Lyn Wood, Contract Specialist Purchasing Department From: Teresa Polaski, Deputy Clerk Minutes and Records Department Re: Contract #10 -5551 "Tourism Agreement" Contractor: Corrigan Sports Enterprises, Inc. Attached two original contracts, referenced above (Item #16F3) approved by the Board of County Commissioners on September 14, 2010. The second original document will be held in the Minutes and Records Department with the Official Records of the Board. If you should have any questions please contact me at 252 -8411. Thank you. Attachments 16F3 Teresa L. Polaski From: DeLeonDiana [DianaDeLeon @colliergov.net] Sent: Thursday, October 21, 2010 12:05 PM To: Teresa L. Polaski Cc: Wood, Lyn Subject: RE: Contract #10 -5551 /Item #16F3 from 9/14/10 Attachments: Cat B Agreement - Corrigan Sports Enterprises dd.doc; Amendment 1 (Corrigan).doc; Amendment 1(ArtsNaples).doc; Cat B Agreement - ArtsNaples World Festival dd.doc Teresa, I could not find the amendment for Corrigan so I created one (attached). The two (2) agreements attached have been revised. Exhibit "F" should be Exhibit "E ". I've also replaced it in the contract where they are referenced (pages 1, 2 and page 12). Please print and replace these pages in the contract. You might need to print also page 3 since one of the lines went onto the next page on one of the contracts. Let me know if you have any questions. Thanks, Diana De Leon Purchasing Dept (239)252 -8375 From: Teresa L. Polaski [mailto: Teresa .Polaski @collierclerk.com] Sent: Thursday, October 21, 2010 10:50 AM To: DeLeonDiana Subject: FW: Contract #10 -5551 /Item #16F3 from 9/14/10 Can you help with this? Thanks From: Teresa L. Polaski Sent: Thursday, October 21, 2010 10:47 AM To: Wood, Lyn Subject: Contract #10 -5551 /Item #16F3 from 9/14/10 Hi Lynn, I am working on these two contracts (ArtsNaples and Corrigan Sports), they both are missing exhibit "E" and the amendment in not attached to each as well. Could I get a copy of those. Email is fine. Thanks Teresa L. Polaski, BMR Clerk III Minutes and Records Department 239- 252 -8411 239 - 252 -8408 fax (Tereso.Po laski @co Ilierclerk.com) Please visit us on the web at www.collierclerk.com Collier Comity t Admir0stative Services Division t, Purchasing 16F 3< Purchasing Department 3301 Tamiami Trail East Naples, Florida 34112 Telephone: (239) 252 - FAX: (239)252- Email: @colliergov.net www.colliergov.net S 1' ITEM NO.: �U ,C� DATE RECEIVED: FILE NO.: I ROUTED TO: DO NOT WRITE ABOVE THIS LINE Request for Legal Services Date: October 11, 2010 ,. To: Jeff Klatzkow G� County Attorney, From: Lyn Wood, C.P.M. Ar Contrara ct Specialist i Re: 10 -5551 — 2011 Tourism Agreement Contractor: Corrigan Sports Enterprises, Inc. BACKGROUND OF REQUEST: bLA't t °1 I I This contract was approved by the BCC on 9114/10; agenda item 16F3. This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me at the telephone number or email address above. Purchasing would appreciate notification when the documents exit your office. j-6q ID/Z1 /0 G /Acquisit ions/ AgentFormsandLet ters /RiskMgmtReviewofl nsurance4 /15/2010/16/09 16F RES # CHECKLIST FOR REVIEWING CONTRACTS v c" Entity Name: �' G �� �(`�S �( tDPi Se I Lorry name correct on contract? es _ No Entity registered with Fl. Sec. of State? es _ No IL 4 Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &/or Project referenced on Certificate" Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ _ Products /CompUOp Required $ _ Personal & Advert Required $ a Each Occurrence Required $_ Fire /Prop Damage Required $__��- 1Z Automobile Liability Bodily lnj & Prop Required $ Workers Compensation Each accident Required $ Disease Aggregate Required $ Disease Each Empl Required $ Umbrella Liability Each Occurrence Provided $ \rw,t Aggregate Provided $ Does Umbrella sufficiently cover any underinsured portion? Yes _ _No Yes No ]��S es No No Provided $-!&19,) k Exp. Date x I_ I I I Provided $ 2yn,' \\ Exp. Date A i�` Provided $ll�l Exp. Date I Provided $ A,t Al Exp. Date Provided $ .. ) Ql 9— Exp. Date Provided Provided $_ (oo i! Provided $ _ . !L� Provided $�(f(7 )C, Professional Liability Each Occurrence Required $ Provided $ Per Aggregate Required $ Provided $ Otherinsurance Each Occur Type: Required County required to be named as additional insured? County named as additional insured'? Indemnification Does indemnification meet County standards? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? Signature Blocks Correct executor name in signature block`? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses /notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block'? Attachments Are all required attachments included? Exp Date _ Exp Date Exp Date Exp Date t Exp Date _.`II t Exp Date _ J t i Yes No Exp. Date _— Exp. Date Provided $ '-2- kk Yes Nc Yes No Yes No Yes No Yes No Yes No Yes No s �S i_Yes No No No No s No No Yes No Exp Date +1 1 I L�Z/ No S Reviewer Initials_ Date MA 10 022 Document Number F10000004538 FEI /EIN Number 522265529 Date Filed 10112/2010 State MD Status ACTIVE Principal Address 6725 SANTA BARBARA CT. SUITE 104 ELKRIDGE MD 21075 Mailing Address 6725 SANTA BARBARA CT. SUITE 104 ELKRIDGE MD 21075 Registered Agent Name & Address 'RYOR, RALPH P 2800 N. HORSESHOE DRIVE #400 NAPLES FL 34104 US Officer /Director Detail Name & Address Title CP CORRIGAN, RICHARD LEE 8333 GLENMORE RD ELLICOTT CITY MD 21043 Annual Reports No Annual Reports Filed Document Images No images are available for this filing. Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List Entity Name Search http: / /www.sunbiz.org/ scripts /cordet.exe? action= DE'I'FIL &inq_doc_number =F 10000004... 10/18/2010 FLORIDA DEPARTMENT OF STATE DIVISION OF CORPORATIONS Attached are the forms and instructions to register a foreign profit corporation to transact business in Florida. The requirements are as follows: • Pursuant to section 607.1503(1), Florida Statutes, the attached application must be completed in its entirety. • The corporation must submit an original certificate of existence, no more than 90 days old, duly authenticated by the Secretary of State or the proper official having custody of corporate records in the state or country under the law of which it is incorporated. A photocopy is not acceptable. If the certificate is in a foreign language, a translation of the certificate under oath of the translator must be submitted. • There is a $70.00 registration fee and a letter of acknowledgment will be issued free of charge upon registration. • Certification fees are optional. Please submit an additional $8.75 if a certificate of status is needed. The fee for a certified copy of the application is $8.75 (plus $1 per page for each page over 8, not to exceed a maximum of $52.50). Please check the appropriate box on the COVER letter and send one check for the total amount made payable to the Florida Department of State. • The COVER letter included in this packet should be completed and submitted along with the certificate, application and check. Both the mailing address and courier address are noted in the COVER letter. Any further inquiries concerning this matter should be directed to the New Filing Section by calling (850) 245 -6052 or writing the New Filing Section, Division of Corporations, P.O. Box 6327, Tallahassee, FL 32314. CR2E007 (03/10) TO: New Filing Section Division of Corporations SUBJECT: Name Dear Sir or Madam: COVER LETTER Inc. - must include suffix 16F 3 The enclosed "Application by Foreign Corporation for Authorization to Transact Business in Florida " "Certificate of Existence," or "Certificate of Good Standing" and check are submitted to register the above referenced foreign corporation to transact business in Florida. Please rotum all correspondence concerting this matter to the following; Richard Lee t onigan Name Enlarprisea, Inc. 6725 Santa Barbara Ct. Sufte 1o4 Address Etkridge, MD 21075 City/State and Zip code For further information concerning this mat ter, please call: Lee CoWWan at 4t( 0 76058381 Name of Person Area Code & Da p Daytime Telephone Number STREET /COURIER ADDRESS: New Filing Section Division of Corporations Clifton Building 2661 Executive Center Circle Tallahassee, FL 32301 Enclosed is a check for the following atnotmt: © $70.00 Filing Fee O $78.75 Filing Fee & Certificate of Status MAILING ADDRESS: New Filing Section Division of Corporations P.O. Box 6327 Tallahassee, Fl, 32314 O $78.75 Filing Fee & Certified Copy O 587.50 Filing Fee, Certificate of Status & Certified Copy 16F 3 APPLICATION BY FOREIGN C0RPORATION FOR AUTH0RIZATI0N TO TRANSACT BUSINESS IN FLORIDA I/YCOMPLIANCE ]irl'TH SEMON 6071503, FLORIDA STATUTES, THE FOLLOWINGISS1JBMi77ED TO REGISTER A FOREIGN CORPORATION TO TRANSACT BUSINESS IN THE STATE OFFLORIDA. 1. E4nlQan Sports Enterprises. Inc. f name oncorporation; must include 'W " "Co ," "Corp,° "Inc," "Co," or "Corp. ") IVA- MdeBserPresldenfsCup (lfnanme unavailable in Florida, enter alternate corporate name adopted'Or the purposa of transacdng business in Florida) MarAand 3, 52- 2265528 (State or country under the law of which it is laeorporatcd) (FEI number, if applicable) 4. 117.OA C 5. r1 _ . (Data of incorporation) (Duration: Year w . will cease to ex st or "perpetual ") 6. WA (Date first transacted business in Florida, if prior to registration) (SEE SECTIONS 607.1501 & 607.1502, F. S., to determine penalty liability) 1.6723 Same Barbara CL Stole 104 Elkridge, MD 21075 (Principal offlx address) 6725 Santa Barbara CL Suite 104 Elkridge, MD 21075 (Current railing address) 8. For the purpose of operating the IWLCA Annual Coaches Conference and deBeer PresldiN (Ftupose(s) of eorporatron autronaed ro home state or coummtry to be carried out Instate of Florida) 9. Name and street address of Florida registered agent: (P_O. Box NOT acceptable) Name: Sports Council of Collier County / S' r l� C� A Office Address: 2800 N. Horseshoe Drive 0400 Naples Florida 34104 (City) (Zip code) 10. Reglstered agent's acceptance: 1Yavirfg been named as registered agent and to accept service ojprocess Jor the above stated eorporotian at the place designated in ehb applicadon, I here6y accept the appointment as registered agent and agree to act in this capacity. ! further agree to camp& sviW the provisions of all statutes relative to the proper and complete performance of my duties, and1 am famUlar with and accept the o6Ggodons ofmyposillon as egistered agent 11. Attached is a certiEcat%>of existence duly authenticated, not mo a than 90 days prior to delivery of this application to the Department of State, by the Secretary of State or other official the law of which it is inco under rporated having custody of corporate records in the jurisdiction CC 12. Names and business addresses of officers and/or directors: A. DIRECTORS Chairman: Richard Lee Corrigan -100% ownership Address: Vice Chairman: Address: Director: Address: Director: Address; B. OFFICERS President Richard Address: Vice President: Address: Secretary: Address: Treasure: Address: NOTE: 13. i �:? J YOU ma ttacb an addendum to the application listing additional officers and/or directors. /J / 1*5? 14. Richard Le- a Corn listed in number 12 of the application) nted name and capacity of person signing application) STATE OF MARYLAND I F Department of Assessments and Taxation 1, PAUL B. ANDERSON OF THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION OF THE STATE OF MARYLAND, DO HEREBY CERTIFY THAT THE DEPARTMENT, BY LAWS OF THE STATE, IS THE CUSTODIAN OF THE RECORDS OF THIS STATE RELATING TO THE FORFEITURE OR SUSPENSION OF CORPORATIONS, OR THE RIGHTS OF CORPORATIONS TO TRANSACT BUSINESS IN THIS STATE, AND THAT I AM THE PROPER OFFICER TO EXECUTE THIS CERTIFICATE. I FURTHER CERTIFY THAT CORRIGAN SPORTS ENTERPRISES, INC., INCORPORATED SEPTEMBER 08, 2000, IS A CORPORATION DULY INCORPORATED AND EXISTING UNDER AND BY VIRTUE OF THE LAWS OF MARYLAND AND THE CORPORATION HAS FILED ALL ANNUAL REPORTS REQUIRED, HAS NO OUTSTANDING LATE FILING PENALTIES ON THOSE REPORTS, AND HAS A RESIDENT AGENT. THEREFORE, THE CORPORATION IS AT THE TIME OF THIS CERTIFICATE IN GOOD STANDING WITH THIS DEPARTMENT AND DULY AUTHORIZED TO EXERCISE ALL THE POWERS RECITED IN ITS CHARTER OR CERTIFICATE OF INCORPORATION, AND TO TRANSACT BUSINESS IN MARYLAND. IN WITNESS WHEREOF, I HAVE HEREUNTO SUBSCRIBED MY SIGNATURE AND AFFIXED THE SEAL OF THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION OF MARYLAND AT BALTIMORE ON THIS SEPTEMBER 02,20 10. Q�ra Q Paul B. Anderson Charter Division 301 West Preston Street, Baltimore, Maryland 21201 Telephone Balto. Metro (410) 767 -1344 /Outside Balto. Metro (888) 246 -5941 0006597150 MRS (Maryland Relay Service) (800) 735 -22.58 TT/Voice Fax(410)333 -7097 CRTGST 3 Memorandum Subject: Solicitation # 10 -5551 — 2011 Tourism Agreement Date: October 11, 2010 From: Lyn M. Wood, C.P.M. Contract Specialist (Ar To: Ray Carter, Risk Manager Purchasing Department V 3301 Tamiami Trail East V Naples, Florida 34112 Telephone: (239) 252 - FAX: (239) 252 - Email: as colliergov.net wwwcollier,gov.net/purchasing BATE RECEIVED OCT 12 mo RISC; ll-UiNArFMFVI This Contract was approved by the BCC on September 14, 2010, agenda item 16F3. The County is in the process of executing this contract with Corrigan Sports Enterprises, Inc. The renewal cannot take place until verification is received from Risk that all the insurance requirements, per the contract, have been met. A copy of the original solicitation is attached. The insurance requirements are on page 3. Please review the Insurance Certificate(s) for the referenced Contract. • If the insurance is not in order please contact the vendor /insurance company to obtain a proper certificate. Once you receive the proper certificate(s), please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. • If the insurance is in order please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. If you have any questions, please contact me at the above referenced information. Risk Management Signature (Please route to County Attorney via attached Request for Legal Services) Date G /Acquisitions /AgentFormsand Letters /RiskMgmtReviewofl ns u ra n ce4 /15/2010/16/09 AttleRomona From: RaymondCarter Sent: Thursday, October 14, 2010 2:02 PM To: AttleRomona Subject: FW: 2011 Tourism Agreement- 10 -5551 Email as discussed! Thanks. RIIxV From: RaymondCarter Sent: Thursday, October 14, 2010 1:57 PM To: LynWood Cc: mausen_g; Herrera5andra Subject: 2011 Tourism Agreement- 10 -5551 16F Lyn, I have approved the insurance provided by "Corrigan Sports Enterprises, Inc. for agreement 10 -5551. The agreement will now be forwarded to the county attorney's office for their review. Thank you, Ray I like the cover letter, very nice! =. 92 Manager Risk Finance Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Office 239 - 252 -8839 Mobile 239 - 821 -9370 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 2011 TOURISM AGREEMENT BETWEEN 1 6 1 j COLLIER COUNTY AND CORRIGAN SPORTS ENTERPRISES, INC. THIS AGREEMENT is made and entered into this 1 st day of October, 2010, by and between Corrigan Sports Enterprise, 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 market promotion of a Lacrosse sporting event to attract overnight visitors to the area; and WHEREAS, The Collier County Board of County Commissioners has approved the funding request of the GRANTEE and the Chairman was authorized to execute the Tourism Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: (a) In accordance with the authorized expenditures as set forth in the Budget, attached hereto as Exhibit "E ", the GRANTEE shall expend the funds for the out of county promotion of the IWLCA Lacrosse Event (hereinafter "the Event "). 1 2. PAYMENT: 1 6 F 3 (a) The amount to be paid under this Agreement shall be a total of Five Thousand Dollars ($5,000). GRANTEE 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 a Request for Funds on the form attached hereto as Exhibit "D" and made a part hereof, and shall submit vendor invoices and copies of cancelled checks or other evidence of payment to the Executive Director of the Naples, Marco, Everglades Convention and Visitors Bureau ( "CVB "), or his designee, for review and upon verification by letter from the GRANTEE that the services or work performed as described in the invoice have been completed or that the goods have been received and that all vendors have been paid. (b) The Executive Director of the CVB 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 E ". (f) All requests for reimbursement must be received prior to September 30, 2011 to be eligible for payment. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in Paragraph One (1) will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2010 and September 30, 2011. (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. K 16F 3 (a) GRANTEE shall submit a Certificate of Insurance naming Collier County Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY — Statutory (c) The Certificate of Insurance must be delivered to the Executive Director of the CVB, or his designee, with the executed Agreement. The GRANTEE shall not commence promotional or advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY and the Agreement is fully executed. 5. REPORTING REQUIREMENTS: (a) GRANTEE shall provide to County a preliminary status report on the form attached hereto as Exhibit "A" within thirty (30) days of the effective date of the agreement. (b) GRANTEE shall provide to County a quarterly interim status report on the form attached hereto as Exhibit `B ". (c) GRANTEE shall provide to County a final status report on the form attached hereto as Exhibit "C" no later than October 15, 2011. (d) F,ach report shall identify the amount spent, the duties performed, the services provided and the goods delivered since the previous reporting period. (e) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. (f) COUNTY may withhold any interim or final payments for failure of GRANTEE to provide the interim status report or final status report until the County receives the interim status report or final status report or other report acceptable to the Executive Director of the CVB. 6. CHOICE OF VENDORS AND FAIR DEALING: 3 16F 3 (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph One (1). (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. (c) GRANTEE agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and /or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION: GRANTEE shall indemnify and hold harmless Collier County, its agents, officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, 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: Richard Lee Corrigan, President Corrigan Sports Enterprises, Inc. 6725 Santa Barbara Ct. Suite 104 Elkridge, MD 21075 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: Jack Wert, Executive Director Naples, Marco Island, Everglades CVB 2800 N. Horseshoe Drive Naples, Florida 34104 F1 16F The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE, or its vendors or subcontractors, as an agent or employee of the COUNTY. 10. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this Agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. 11. TERMINATION: (a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination specifying the effective date of termination. (b) If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the termination so long as such expenses are eligible. 12. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records. All revenue related to the Agreement must be recorded, and all expenditures must be incurred within the term of this Agreement. 13. AVAILABILITY OF FUNDS: This agreement is subject to the availability of Tourist Development Tax revenues. If for any reason tourist tax funds are not available to fund all or part of this agreement, the COUNTY may upon written notice , at any time during the term of this agreement, and at its sole discretion, reduce or eliminate funding under this agreement. 14. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement for a period of three (3) years. GRANTEE agrees that the COUNTY, or any of its duly authorized 5 16F 3 representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any transactions related to this Agreement. 15. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 16. TERM: This Agreement shall become effective on October 1, 2010 and shall remain effective for one year until September 30, 2011. 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 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 Executive Director of the CVB or his designee, along with a final budget analysis by October 15, 2011. 19. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County and the Tourist Development Council as a source of funds and display the CVB logo with website address to qualify for reimbursement. 20. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. 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. 0 16F ATTEST: BOARD OF COUNTY COMMISSIONERS DWIG}jl $R-QCK, Cl'�en�rkC�[�'� COLLIER CO FLORIDA [� �"l)C�C By, i , rah• �� OLIN 4 , FRED W. COYLE, Chairman (} Approved as to,fo *-Vnc Attorney WITNESSES: (1) Printed/Typed Name (2) _,c' rGI- PC" 6 3.0AMSO / Printed /Typed Name GRANTEE: CORRIGAN SPORTS ENTERPRISES, INC. BY:_LP4 Printed/Typed Name �� /n-�/dr.0.a% Printed/Typed Title Item# Agenda 0141 O Date Data U �55� R / t9 Deputy Clerk C 16F 3 1 certify that the team or league on whose behalf I am requesting this certificate mandates 100% membership in US Lacrosse. In addition, I have verified our team's or league's roster and all participants are currently registered members of US Lacrosse. I certify that this is true and I understand that liability coverage is only extended to our team or league if all participants are current members of US Lacrosse. Further, I acknowledge by clicking on this box that liability claims may be denied for coverage if our team /league is not 100% registered with US Lacrosse. Name: Don Abramson Organization: Corrigan Sports/ Presidents Cup Date: 07/13/2010 ACORD CERTIFICATE OF LIABILITY INSURANCE 07/I 3n ST PRODUCER POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ADD1 M Bo xgGER, Inc POLICY NUMBER AND CONFERS NO RIGHTS UPON THE CERTIFICATE PTiUCYEAPI MN DA MMA)DTYY 101 JET[ P1RMVAY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EMEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. GENERAL LIABILITY SHORT HILLS,1NJ 07178 EACH OCCURENCE $1,000,000 PHONE: 1-800- 526-1379 M: 973- 421 -:876 INSURERS AFFORDING COVERAGE 8501A11331369 NAIC9 INSURED US lacrosse, Inc. DAMAGE OES�NTECefn INSURER A. Xbwkel lns..e Company NED EXP Any ane Person} 38970 INSURER e: $1,000,000 113 {Pest University Parkway X Participant.. Liao INSURER C: Baltimore LID 21210 INSURER D: $5,000,000 GENL AGGREGATE LIMIT AMLES MR: Re: Corrigan Sports / presidents Cup $2,000,000 INSURER E COVERAGES 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. M LTR ADD1 M TYMDFMSURAItCE POLICY NUMBER PGSICYEPFECThE Dn M PTiUCYEAPI MN DA MMA)DTYY imnf GENERAL LIABILITY EACH OCCURENCE $1,000,000 A X COMIERpdd.I;ENERAL HAaRRY C'J Nis MADE OCCUR 8501A11331369 O1i01,2410 OL!01/2611 DAMAGE OES�NTECefn $100,000 NED EXP Any ane Person} $5,000 PERSONAL a ADV INJURY $1,000,000 X X Participant.. Liao GENERAL AGGREGATE $5,000,000 GENL AGGREGATE LIMIT AMLES MR: PRODUCTS - COMPOP AGO $2,000,000 POLCY f X LAD AUTOMOBILE LIABILITY ANYAUT4 COMBI NED SINGLE LIMIT (Ea Aocldetrcl $ ALLOWWDAUTOS fCHEDDLED AUTOS BODILY INJURY {PeRPVS.n} $ I IREDAUTOS RAN -0WFED AUi43 BODILY INJURY (P., �} $ PROPERTY DAMAGE $ E LIABILITY AUTO ONLY -EA ACCIDENT $ THAN EA ACC $ utY AuiO n ILLL OVIIED ANDS AUTO O AUTO ONLY. AGf, $ A EXCESSAJMBRELLA LIABILITY X —UR �cLAMis MA# 46WAH221370 01101, 12014 01101,2011 EACH OCCURENCE $1,000,000 AGGREGATE $1,000,000 $ S $ UEDUCTRnt RETENnON S $ WORKERS COMPENSATION AND EMPLOYERTLIABILITY - TORY LIMITS ER A.L. EACH ACCIDENT $ ANY PROPRIETOWPARTNERrEXECUTWE OFFICERAMEMBER EXCLUDED? If yes, dss.Tte Order E.L. DISEASE - EA EMPLOYEE $ EL. DISEASE - POLICY LIMIT $ SPECIAL PROVISIONS beb« OTHER A ACCident Xled" 4102311025220 0110112030 01101,011 Aee Lim1t: 525,440 Catastrophic Ace 4102AH305882 01101,2010 01161.2011 Cat. 'Lee: 81,000,000 DESCRN'TION OF OPERATIONS I LOCATIONS I VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS Coverage applies only to teamsA eagues comprised of 1 DO%I US Lacrosse member participants during scheduled 8 supervised lacrosse activites. Certificate Holder is named "Additional Insured " With respect to Corrigan 3portsl Presidents Cup. CERTIFICATE HOLDER CANCELLATION Collier County Hoard 4f C4unAy CGmmissi4nas 3301 East Tamia=Tlad SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 Naples, FT,. 34112 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KI NO UPON THE IN SURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATPJE ACORD 25{200114&} ®ACORO CORPORATION 1988 K 16F IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)_ If SUBROGATION IS WANED, 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 endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD zs-IZOatms) IM _.CORD CERTIFICATE OF LIABILITY INSURANCE 09�l2010 D � PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY BOLliNGE R+ Inc, AND CONFERS NO RIGHTS UPON THE CERTIFICATE 101 AK PARKWAY HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. SHORT 1HLLS, NJ 07078 POM LICY g LIMITS PHONE: 14001 FAX; 973-921 -2875 INSURERS AFFORDING COVERAGE NAIC# INSURED US 1.aC[OSSe, IMC. INSURER A:&larkel lasaraaee Cowpaay 38970 INSURER S $1,000,000 113 West University Parkway INSURER C. X mM +cAAL LL B' Baltimore 14D 21210 INSURER D. Ol:'oL2011 Re: Carrigan Sports/ Presidents Cup INSURER E'. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN 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 WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, MM LTR AWL LR TIN FB OCYUYt PDATERNUAI CTIV E POM LICY g LIMITS GENERAL LMBILITY EACH OCCURENCE $1,000,000 A X mM +cAAL LL B' 8502.UU21369 OU01.1010 Ol:'oL2011 pDAMAGEsES R NTED $100,D00 GAMS MADE 7 OCCUR MED EKP Wy cane ww.) $5,000 PERSONAL &ADV INJURY $1,000,000 X Partieipante Liab X GENERAL AGGREGATE $5,000,000 GEIPL AGGREGATE lJ1aTAPPLES PER: PRODUCTS - COMPxOPA.GG $2,000,000 PaL:cY X LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Et AccdarA) $ ALLOwNA:o Alrros SCIR_OIR£O0.1R03 BODILY INJURY TV w�% $ IBREOANtoS NON -0W1ffOAUtO3 BODILY INJURY Per acel t) $ PROPERTY DAMAGE (Pet dcod.,rf $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ EA ACC ANY AUTO ALLOWNEOAUTOS AUTO ONLYYN AGO $ EXCESSIUMBRELLA LIABILITY EACH OCCURENCE $1,000,000 A X OCCUR ❑CLAWS WOE 460'1- kM2117p 01101,12010 01;01Y1011 AGGREGATE $1,000,000 $ s $ DEDUCTIBLE REfENiN1N s $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TORY LIMITS ER A.L. EACH ACCIDENT $ ANY PROPRIETORIPARTNEPESECUTIVE OFFICERMEMBER EXCLUDED? If y es 3escriee muter E. L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ SPECIAL PROVISIONS be'row OTHER A Accident kledinl 4102.4HM5220 OU01t'010 O11O1Y1,011 Are Limit: S25,000 Catastrophic Ace 4102.913054862 oLrolnolo OlV112011 Cat. Are: S1'ODO,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED SY ENDORSEMENT 1 SPECIAL PROM WIN 9 Coverage applies only to teamsBeagues comprised of 100% US Lacrosse member participants during scheduled & supervised lacrosse adivites. Certificate Holder is named °Additional Insured" With respect to Corrigan Sports/ Presidents Cup. CERTIFICATE HOLDER CANCELLATION Collier County Tourismand Development Council 3301 Tamiami Trail East SHOULDANY OF THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 Naples, FL 34112 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAI LURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORO 25- 12009iO3t Ili r 9 ACORD CORPORATION IIIW V IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). ff 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 endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25- (2IX1f08) 7.0/06/Y010 00:30 4106059389 WORKERS COMPEI@; Erie* INCLUDES COPYHIGHi MA11 Insurance INFORMATION PAGE Group �M1 vA 59630 q BB1501 INSURANCE FIRST, INC, CORRIGAN SPORTS ENTERPRISES & ENDT #1 6725 SANTA BARBARA DR UNIT ELKRIDGE MD 21075 -5852 RENEWAL CERTIFICATE CORPORATION OTHER WORKPLACES NOT CORRIGAN SPORTS 1 6 F PAGF302 /04 PRIOR POLICY NUMBER 994 2500507 M �. ERIEINSURANCE EXCHANGE+ 18457 Q94 2500502 Mf 1ztsysaxcs 3530 Worlhln0lon Blvd,, Urbana, MO 31704 4 301187"800 , Fax 301M4.0900 N+vvv.ln to ra ncefl rotlne,com FIRST, I C. 3w, aw e—vm.ni,.vm, r. - HOWARD CO SHOWN ABOVE — AS SCHEDULED FED ID # 52- 2265529 ITEM 2. THE POLICY PERIOD IS FROM 10 /2S /10 TO 10/25/11 AT THE INSUREDS MAILING ADDRESS. ITEM 3,A. WORKERS COMPENSATION INSURANCE— PART ONE OF THE POLICY APPLIES TO THE WORKERS COMPENSATION LAW OF THE STATES LISTED HERE — MD, ITEM 3.H. EMPLOYERS LIABILITY INSURANCE - PART TWO OF THE POLICY APPLIES TO WORK IN EACH STATE LISTED IN ITEM 3 -A. THE LIMITS OF OUR LIABILITY UNDER PART TWO ARE_ BODILY INJURY BY ACCIDENT $100,000 EACH ACCIDENT BODILY INJURY BY DISEASE $500,000 POLICY LIMIT BODILY INJURY By DISEASE $100,000 EACH EMPLOYEE ITEM 3,C. OTHER STATES INSURANCE— PART THREE OF THE POLICY APPLIES TO THE STATES, IF ANY, LISTED HERE— ALL STATES EXCEPT MD, OH, WA, WY, STATES DESIGNATED IN ITEM 3.A., ITEM 3,D, SEE ATTACHED ENDORSEMENT SCHEDULE ITEM 4. THE PREMIUM FOR THIS POLICY WILL BE DETERMINED BY OUR MANUALS OF RULES, CLASSIFICATIONS, RATES AND RATING PLANS. ALL INFORMATION REQUIRED BELOW IS SUBJECT TO VERIFICATION AND CHANGE BY AUDIT, SEE ATTACHED SCHEDULE OF OPERATIONS EXPENSE TOTAL ESTIMATED AANNUALCPREMIUM MINIMUM PREMIUM $258 DEPOSIT PREMIUM RETURNED PAYMENT FEES WILL BE ADDED TO YOUR ACCOUNT, PAGE 01 HOME OFFICE 08/14/10 SEE REVERSE SIDE 3,706 210 $3,916 $3,916 WFS 034@ 10/06/2010 00:30 4106059389 CORRIGAN SPORTS 1 b F PAGE/ 03/04 Erie Insurance' 100 EdQ'fnwrmnna Place @ria, PA 16530 RENEWAL CERTIFICATE AGENT ERIE INSURANCE EXCHANGE ULTRAFLEX POLICY ITEM 2. POLICY PERIOD POLICY CORRIGAN SPORTS ENTERPRISES I)!iSUAANCE & ENDT #1 3930 Wnrnhlnpcan Blvd.. Urbona, MD 21706 6725 SANTA BARBARA DR UNIT 4 301/374 -91500 , h,;01/8744900 ELKRIDGE MD 21075-5852 v .inauranceflndnanam HR , N . POLICY PERIOD BEGINS AND ENDS AT 12,01 A.M. STANDARD TIME AT THE STATED ADDRESS OF THE NAMED INSURED, THE INSURANCE APPLIES TO THOSE PREMISES DESCRIBED AS PER THE ATTACHED SUPPLEMENTAL DECLARATIONS. THIS IS SUBJECT TO ALL APPLICABLE TERMS OF THE POLICY AND ATTACHED FORMS AND ENDORSEMENTS DEDUCTIBLE (PROPERTY PROTECTION ONLY)- $ 500. COVERAGES: PROPERTY PROTECTION - AS PER THE ATTACHED SUPPLEMENTAL DECLARATIONS DEPOSIT 1. BUILDINGS PREMIUM 2. BUSINESS PERSONAL PROPERTY. AND PERSONAL PROPERTY OF OTHERS $ INCL 3. ADDITIONAL INCOME PROTECTION $ INCL 4. GLASS AND LETTERING $ INCL 5. SIGNS, LIGHTS AND CLOCKS S PREMIUM BASIS - PAYROLLIMITS OF INSURANCE $ INCL EACH OCCURRENCE LIMIT $ 1,000,000 DAMAGE TO PREMISES RENTED TO YOU LIMIT $ 1,000,000 ANY ONE PREMISES MEDICAL EXPENSE LIMIT 5,000 ANY ONE PERSON PERSONAL & ADVERTISING INJURY LIMIT $ $ EXCLUDED GENERAL AGGREGATE LIMIT $ 2,000,000 PRODUCTS /COMPLETED OPERATIONS AGGREGATE LIMIT $ 2,000,000 OPTIONAL COVERAGES SEE NEXT PAGE TOTAL DEPOSIT PREMIUM - - - - - $ 1,711. APPLICABLE FORMS - SEE SCHEDULE OF FORMS 01520 —_._ (SEE REVERSE SIDE) riMIRNEOPAYMP _NTFEFS WILL @EADDEDTO YOUR ACCOUNT MRM 08/17/10 10/06/2010 00:30 4106059389 Erie �S (Trance' 100Er Im9 n..PI.Qp RENEWAL CERTIFICATE Edn, PA 16+530 ERIE INSURANCE EXCHANGE BUSINESS CATASTROPHE POLICY AGENT ftE N1:2: i?OLI� 1�FfTOb` Pc711ri�;ltn3tnt5e�' .,<, ti KIA CORRIGAN SPORTS 0530 wanbtnatan 91va. Wbm, M021704 & ENDT $1 901/874 -5900 , FiXSOVM"00 6725 SANTA BARBARA DR UNIT 4 wWw.Inauranyatl etinc.nam ELKRIDGE MD 21075 -5652 M pTlwc. '— ' ^"� Mmrt[mmMmcnl n Vn.OnN' POLICY PERIOD BEGINS AND ENDS AT 12:01 A.M., STANDARD TIME AT THE ADDRESS^ OF THE NAMED INSURED. LEGAL ENTITY — CORPORATION DESCRIPTION OF OPERATIONS — SPORTS EVENT MARKETING CLASS CODE — 047367 THE ERIX'S LIMIT FOR THIS COVERAGE IS SHOWN BELOW, THIS INSURANCE IS SUBJECT TO THE TERMS OE THE POLICY AND ITS FORMS. -------------------------------------------- ; ------------------------ COVERAGE AND LIMITS — BUSINESS CATASTROPHE LIABILITY COVERAGE Qo: LIMIT OF LIABILITY AGGREGATE LIMIT $ 11000,000 EACH OCCURRENCE $ 1,000,000 WHERE APPLICABLE TOTAL PREMIUM — — — — — _ _ — — — $ APPLICABLE FORMS — SEE SCHEDULE OF FORMS 000157 SEE REVERSE SICE IRETURNED PAYMENT FEES WILL 9G g0oED TO YOUR ACCOUNT 677, 09/14/10' 16F 3 EXHIBIT "A" Collier County Tourist Development Council Preliminary Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: On an attached sheet, answer the following questions and attach it to your amolication. 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. 0 EXHIBIT "B" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Interim Status Report 1rrr01:11l 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? IS] 16F 3 EXHIBIT "C" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Final Status Report TITLE: FAX: Final — These questions should be answered for your final status report. Was this a first time project? If not, how many times has this event taken place? What hotels /motels were utilized to support the project and how many? What is the total revenue generated for this event? Total expenses. (Have all vendors been paid ?) List the vendors that have been paid, if not, what invoices are still outstanding and why? What is the number of participants that visited the project? What is the percentage of the total participants from out of Collier County? What problems occurred if any during the project event? List any out -of- county- advertising, marketing, and /or public relations that was used to support the project and attach samples. How could the project been improved or expanded? 10 EXHIBIT "D" 1 6 F REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT ORGANIZA ADDRESS CONTACTPERSON TELEPHONE( ) REQUEST PERIOD FROM TO REQUEST# ( ) INTERIM REPORT ( ) FINAL REPORT TOTAL CONTRACT AMOUNT 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. Each additional request for payment subsequent to the first request, Grantee Is required to submit verification in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. If project budget has specific categories with set dollar limits, the Grantee is required to include a spreadsheet to show which category each invoice is being paid from and total of category before payment can be made to Grantee. Organizations receiving funding should take Into consideration that it will take a maximum of 45 days for the County to process a check. Furnishing false Information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF FINANCIAL OFFICER: I certify that the above Information Is correct based on our official accounting system and records, consistently applied and maintained and that the cost shown have been made for the purpose of and In accordance with, the terms of the contract. The funds requested are for reimbursement of actual cost made during this time period. SIGNATURE TITLE 11 EXHIBIT "E" Corrigan Sports Enterprises, Inc. Project Budget Funding — Not to Exceed Out of County Advertising and Marketing Expenses in Sports Publications to promote the IWLCA Lacrosse Event Total: 12 $5,000 16F 3 EXHIBIT A -1 Contract Amendment #1 112011 Tourism Agreement Between Collier County and Corrigan Sports Enterprise, Inc." This amendment, dated , 2010 to the referenced agreement shall be by and between the parties to the original Agreement, Corrigan Sports Enterprise, Inc. (to be referred to as "GRANTEE ") and Collier County, Florida, (to be referred to as "COUNTY'). Statement of Understanding RE: Contract # 10 -5551 - "2011 "Tourism Agreement Between Collier County and Corrigan Sports Enterprise, Inc." In order to continue the services provided for in the original Contract document referenced above, the GRANTEE agrees to amend the above referenced Contract by deleting in its entirety Section 4, INSURANCE. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the GRANTEE and the COUNTY have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. Accepted: GRANTEE: Corrigan Sports Enterprise, Inc. M _Richard Lee Corrigan, President_ Type Name of Signatory M i , 2010 COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA Jack Wert, Department Director CONTRACT SPECIALIST Lyn M. Wood 16f, MEMORANDUM Date: November 4, 2010 To: Lyn Wood, Contract Specialist Purchasing Department From: Martha Vergara, Deputy Clerk Minutes and Records Department Re: Contract #10 -5551 "Tourism Agreements & Amendment #1" Contractor: Naples Botanical Garden, Inc. Attached one original contract, referenced above (Item #16F3) approved by the Board of County Commissioners on September 14, 2010. An original has been kept by the Minutes and Records Department to be kept as part of the Boards Official Records. If you should have any questions please contact me at 252 -7240. Thank you. Purchasing Department 3301 Tamiami Trail East Naples, Florida 34112 Telephone: (239) 252- FAX: (239) 252- Email: @colliergov.net www.colliergov.net 16F 2;� ITEM NO.: 10 ' ` DATE RECEIVED: Y� , FILE NO.: /I ROUTED TO: DO NOT WRITE ABOVE THIS LINE Date: To: From: Re: Request for Legal Services October��2010 Jennifer Whi ssista ounty Attorney Lyn Wood, C.P.M. t Contract Specialist 10 -5551 Tourism Agreements and Amendment #1 Contractor: Naples Botanical Garden, Inc BACKGROUND OF REQUEST: This contract was approved by the BCC on 9/14/10; agenda item 16F3. This item has not been previously submitted. ACTION REQUESTED: Contract and amendment review and approval. W- � '9 OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any question concerning the document, please contact me at the telephone number or email address above. Purchasing would appreciate notification when the documents exit your office. ( 1121 (v CluoLd al-)j c��livel - U 3Ce. @or}Irac{ -S don'a �ec��rre �Zou�ir Sli \ G/ Acquisitions/ AgentFormsandLetters/ RiskMgmtReviewoflnsurance4 /15I2010/i6/09 ee�ti` i�w,t�y Memorandum Subject: Solicitati4o.(�I # 10 -5551 Tourism Agreements Date: October l 2010 From: Lyn Wood, C. P.M. Contract Specialist To: Ray Carter Risk Management This Contract was approved by the BCC on September 14, 2010, agenda item 161`4 Purchasing Department 1 6 F 3 3301 Tamiami Trail East Naples, Florida 34112 Telephone: (239) 252 - FAX: (239) 252 - Email: @colliergov.net www. co l l i e rg o v. n e Up u rch a s i n g The County is in the process of executing this contract with Naples Botanical Garden, Inc. You have waived insurance requirements associated with TDC Grant Agreements pursuant to you email of September 28, 2010, a copy of which is attached. Copies of Amendment #1 removing the insurance requirements are attached to each contract. If you have any questions, please contact me at the above referenced information. Insuranq ved By: Risk anagemen Signature Dat (Please route to County Attorney via attached Request for Legal Services) DATE RECEIVED OCT 2a 2010 RISK SEMEN G /Acquisitions /AgentFonnsand Letters /RiskMgmtReviewofl n s u ra nce4/1 5/2010/16/09 www.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return To List Events Name History Detail by Entity Name Florida Non Profit Corporation NAPLES BOTANICAL GARDEN, INC Filina Information Document Number N94000001547 FEI /EIN Number 650511429 Date Filed 03/25/1994 State FL Status ACTIVE Effective Date 03/23/1994 Last Event NAME CHANGE AMENDMENT Event Date Filed 11/06/2001 Event Effective Date NONE Principal Address 4820 BAYSHORE DR NAPLES FL 34112 US Changed 04/29/2002 Mailing Address 4820 BAYSHORE DR NAPLES FL 34112 US Changed 04/2912002 Registered Agent Name & Address HOLLEY, BRIAN 4820 BAYSHORE DR. NAPLES FL 34112 US Name Changed: 07/20/2005 Address Changed: 07/20/2005 Officer /Director Detail Name & Address Title D SMITH, DAVID B 4820 BAYSHORE DR. NAPLES FL 34112 Title DT BENSON, RICHARD H 4820 BAYSHORE DR. Document Searches Page 1 of 3 "1 Forms Help Entity Name Search Submit http: / /www.sunbiz.org /scripts /cordet.exe? action= DE'1'FI L &inq_doc_ number— N94000001... 10/18/2010 www.sunbiz.org - Department of State Page 2 of 3 AIAPI FS FI 3A119 1 � i Title DS WARE, CATHERINE K 4820 BAYSHORE DR. NAPLES FL 34112 Title DP SPROUL, JULIET C 4820 BAYSHORE DR. NAPLES FL 34112 Title DV LAGRIPPE, JAMES 4820 BAYSHORE DR. NAPLES FL 34112 Annual Reports Report Year Filed Date 2008 04/2512008 2009 03/20/2009 2010 02/21/2010 Document Images 02/21/2010 -- ANNUAL REPORT View image in PDF format 03/20/2009 -- ANNUAL REPORT View image in PDF format 04125/2008 ANNUAL REPORT View image. in. PDF format > 04/16 /2007 -- ANNUAL REPORT View image in PDF format 04/18/2006 --ANNUAL REPORT View image in PDF format 07/2012005 -- Reg. Agent Change View image in PDF format 0412512005 ANNUAL REPORT View image. in PDF format 04/28/2004 -- ANNUAL REPORT View image in PDF format 02110/2003 -- ANNUAL REPORT View image in PDF format 04/29/2002 -- ANNUAL REPORT View image in PDF format 11/06/2001 -- Name Change View image in PDF format 0510512001 --ANNUAL REPORT View image in PDF format 01/19/2000 -- ANNUAL REPORT View image in PDF format 03/01/1999 -- ANNUAL REPORT View image in PDF format 06/03/1998 --ANNUAL REPORT View image in PDF format 08105/1997 -- ANNUAL REPORT View image in PDF format. 07/22/1996 -- ANNUAL REPORT View image in PDF format 07/24/1995 -- ANNUAL REPORT View image in PDF format Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List Entity Name Search Events Name History Submit http: / /www.sunbiz.org /scripts /cordet.exc'? action= DE' 1' FIL &inq_doc_number= N94000O01... 10/18/2010 www.sunbiz.org - Department of State I Home I Contact os I Document Searches I E- Filino Services I Forms I Help I CopYrieht C) and Privacy Policies State of Florida, Department of State Page 3 of 3 16P http: / /www.sunbiz.org /scripts /cordet.exe ?action— DETFlL &inq doc_numbet— N94000001... 10/18/2010 16F'3 Naples Botanical Garden Board of Directors Juliet C. Sproul Chairman James A. LaGrippe Vice Chairman Richard H. Benson Treasurer Catherine K. Ware Secretary Directors Constance T. Alsbrook Jane Purdy Berger Patricia Buehler Blankenship Wilson G. Bradshaw, Ph.D. Eleanor B. Chabraja Fermin A. Diaz, P.E. Barbara J. Finn Elynor M. Flegel Thomas J. Flood Leslie K. S. Fogg John D. Fumagalli Judith A. Herb James P. Johannsen Scott B. Kapnick L. Bates Lea Thomas D. McCann Karen M. Scott David Byron Smith John E. Vandenberg Linda G. White Brian Holley Executive Director Harvey E. Kapnick, Jr. Director in Memoriam This project is sponsored In port by the Stoll of Florida through the Rancho Department of State, Division of Cultural Affairs, and the Florida Am Council, Collier Countyandthe Callier County Tourist Development Council. October 20, 2010 Mr. Jack Wert, Tourism Director Collier County 2800 N. Horseshoe Drive Naples, FL 34104 RE: Corporate Authorization Dear Mr. Wert, This is to confirm that Brian Holley, Executive Director of Naples Botanical Garden, Inc., is authorized by our Board of Directors to obligate the organization and to authorize transactions on behalf of the organization related to our grant agreement with Collier County. Cordially, cam - Catherine K. Ware Board Secretary NAPLES BOTANICAL GARDEN, INC. IS A 501 C (3) ORGANIZATION. A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING 1.800.435.7352 WITHIN FLORIDA AND REFERENCING REGISTRATION YCH -7593. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE. 482o Bayshore Drive Naples, FL 34112 ■ Tel. 239.643.7275 www.naplesgarden.org 16F3 Naples Botanical Garden, Inc. Corporate Resolution The undersigned Secretary of Naples Botanical Garden, Inc. hereby certifies that the Board of Directors of Naples Botanical Garden, Inc. duly adopted the following resolution on July 13, 2005, and that such resolution has not been repealed or amended, and remains in full force and effect, and does not conflict with the bylaws of said Corporation as of the date hereof: RESOLVED, that the Board of Directors of Naples Botanical Garden, Inc., hereby authorizes Brian Holley, Executive Director, and Joyce Zirkle, Chief Operating Officer, or either of them, to sign such documents and take such other action as either of them may deem appropriate to implement any matter approved by the Board of Directors or included in any budget approved by the Board. THIS IS TO CERTIFY that the foregoing is a true copy of a resolution adopted by a quorum of the Board of Directors of Naples Botanical Garden, Inc. on July 13, 2005. By. gaaL u�- xl• Gc a" Catherine K. Ware Board Secretary (CORPORATE SEAL) CORPORA AI -S ?ROFT Date X3..2 0o S 16 F'`3 Bylaws as approved, Board of Directors Meeting November 16, 2005 PORTIONS OF BYLAWS OF NAPLES BOTANICAL GARDEN Bylaws of Naples Botanical Garden, Inc. a Florida not - for - profit corporation Article II Officers 1. Enumeration of officers. The officers of the Garden shall consist of a Chairman, a President or Executive Director, a Secretary and a Treasurer and such other positions as the Board may create, such as one or more Vice Chairmen, Vice Presidents or assistants to the Secretary or Treasurer. Except for the Chairman and any Vice Chairman, no officer need be a member of the Board. 4. Duties. The duties of the officers are as follows: President or Executive Director. The President or Executive Director shall be the chief executive officer in charge of the business and affairs of the Garden, shall implement the policies established by the Board and be subject to the overall direction and control of the Board. 16F";3 PORTION OF NAPLES BOTANICAL GARDEN ANNUAL BOARD OF DIRECTORS MEETING MINUTES OF DECEMBER 16, 2009 NAPLES BOTANICAL GARDEN ANNUAL BOARD OF DIRECTORS MEETING Wednesday, December 16, 2009, 3:0013M Lecture Room and Conference Call Call to order. Chairman Juliet C. Sproul called the meeting to order at 3:00 PM. D. Election of Staff Officers - Chairman Sproul recommended the following Staff Officers for calendar year 2010: Brian Holley, Executive Director Joyce Zirkle, Chief Financial Officer A motion to elect Brian Holley and Joyce Zirkle as Staff Officers for calendar year 2010 was made by Judy Sproul. Seconded by Dick Benson. Motion approved. 16F EXHIBIT A -I Contract Amendment #1 112011 Tourism Agreement Between Collier County and Naples Botanical Garden, Inc." i This amendment, dated / !z , 2010 to the referenced agreement shall be by and between the parties to the original Agreement, Naples Botanical Garden, Inc. (to be referred to as "GRANTEE ") and Collier County, Florida, (to be referred to as "COUNTY "). Statement of Understanding RE: Contract # 10 -5551 - "2011 Tourism Agreement Between Collier County and Naples Botanical Garden, Inc." In order to continue the services provided for in the original Contract document referenced above, the GRANTEE agrees to amend the above referenced Contract by deleting in its entirety Section 4, INSURANCE. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the GRANTEE and the COUNTY have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. GRANTEE: Naples Botanical Garden, Inc. _Brian Holley, Executive Director Type Name of Signatory Approved as to form 8, legal Sufficiency Accepted: K , 1 �'f6 n �� , 2010 COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By .lack Wert, Department Director CONTRACT SPECIALIST f By C ood V Step Y. ell Purchasing /General Services Director 16F 3 Raymondcarter From: RaymondCarter Sent: Tuesday, September 28, 2010 1:29 PM To: Lyn W ood Subject: TDC Grant Agreements Lyn, as discussed earlier today, I have no issue with waiving insurance requirements associated with TDC Grant agreements. Ray fiiai Manager Risk Finance Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Office 239- 252 -8839 Mobile 239- 821 -9370 1 16F 3 2011 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES BOTANICAL GARDEN, INC. THIS AGREEMENT, is made and entered into this 1st day of October, 2010, by and between Naples Botanical Garden, 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 acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote museums owned and operated by not - for -profit organizations and open to the public; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds for GRANTEE'S out of county marketing expenses; and WHEREAS, The Tourist Development Council has recommended funding for GRANTEE'S out of market advertising expenditures; and WHEREAS, the Board of County Commissioners has made a finding that GRANTEE qualifies as a museum; 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 promotion of GRANTEE'S marketing (hereinafter "the Project "), to include: 16F 3 (i) Advertising and promotional expenses in media and literature distribution outside of Collier County to increase the number of overnight visitors to Collier County. 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Seventy -Five Thousand Dollars ($75,000). GRANTEE shall be paid in accordance with the fiscal procedures of the County for the expenditures incurred as described in Paragraph One (1) herein upon submittal of a Request for Funds on the form attached hereto as Exhibit "D" and made a part hereof, and shall submit vendor invoices and copies of cancelled checks or other evidence of payment and performance to the Executive Director of the Naples, Marco, Everglades Convention and Visitors Bureau ( "CVB "), or his designee, for review and upon verification by letter from the GRANTEE that the services or work performed as described in the invoice have been completed or that the goods have been received and that all vendors have been paid. (b) The Executive Director of the CVB, 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 total amount for any line item nor the maximum amount budgeted pursuant to the attached "Exhibit F" (f) All requests for reimbursement must be received by September 30, 2011 to be eligible for payment. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in Paragraph One (1) will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2010 and September 30, 2011. 16F 3 (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. 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 WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY — Statutory (c) The Certificate of Insurance must be delivered to the Executive Director of the CVB 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. 5. 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 quarterly interim status report on the form attached hereto as Exhibit `B ". 16F 3 (c) GRANTEE shall provide to County a final status report on the form attached hereto as Exhibit "C" no later than October 15, 2011. (d) Each report shall identify the amount spent, the duties performed, the services provided and the goods delivered since the previous reporting period. (e) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. (f) COUNTY may withhold any interim or final payments for failure of GRANTEE to provide the interim status report or final status report until the County receives the interim status report or final status report or other report acceptable to the Executive Director of the CVB. (g) GRANTEE shall request that visitors to the Naples Botanical Gardens complete the visitor questionnaire attached to this Agreement as Exhibit 'E ". All completed visitor questionnaires shall be maintained in accordance with Section 13 of this Agreement. 6. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph One (1). (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. (c) GRANTEE agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION: GRANTEE shall indemnify and hold harmless Collier County, its agents, officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, 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 16F 3 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: Brian Holley, Executive Director Naples Botanical Garden 4820 Bayshore Drive Naples, Florida 34112 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, Executive Director Naples, Marco Island, Everglades CVB 2800 N. Horseshoe Drive Naples, Florida 34104 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE, or its vendors or subcontractors, as an agent or employee of the COUNTY. 10, COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this Agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. 16 F k''3 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 ACCOUNTIN G: 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. 16F 16. TERM: This Agreement shall become effective on October 1, 2010 and shall remain effective for one year until September 30, 2011. 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 (I) 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 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 Executive Director of the CVB or his designee, along with a final budget analysis by October 15, 2011. 19. REOUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County and the Tourist Development Council as a source of funds and display the CVB logo and website address to qualify for reimbursement. 20. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. 16F 3 IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: DWIGHT E. BROCK, Clerk Att t �s is E*form "Onatu" On � � Approved as to and legal sufficiency Assist5At County Attorney WITNESSES: CI+R.IST�E L - I3¢t4 H�co� Printed/Typed Name (z) n *'rte Printed/Typed Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By. — f � 1�t k co " FRED W. COYLE, Chairm GRANTEE: NAPLES BOTANICAL GARDEN, INC. BY:, Printed/Typed Name loY�'UTIU6 aIeECTO� Printed/Typed Title 16F 3 EXHIBIT "A" Collier County Tourist Development Council Preliminary Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: FAX: 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. EXHIBIT `B" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Interim Status Report TITLE: M On an attached sheet answer the following questions to identify the status of the protect. Submit this report at least quarterly. INTERIM —These questions will identify the current status of the project. After the TDC staff reviews this Interim Status Report, if they feel you are behind schedule on the planning stages, they will make recommendations to help get the project stay on schedule. Has the planning of this project started? At what point are you at with the planning stage for this project? (Percent of completion) Will any hotels /motels be utilized to support this project? If so, how many hotel room nights will be utilized? What is the total dollar amount to date of matching contributions? What is the status of the advertising and promotion for this project? Have your submitted any advertisements or printed pieces to the TDC staff for approval? Please supply a sample and indicate the ad schedule. How has the public interest for this project been up to this point? EXHIBIT "C" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Final Status Report TITLE: FAX: 16F 3 On an attached sheet answer the following questions for each element in your scope of work. Final —These questions should be answered for your final status report. Was this a first time project? If not, how many times has this event taken place? What hotels /motels were utilized to support the project and how many? What is the total revenue generated for this event? 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? EXHIBIT "D" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE( ) REQUEST PERIOD FROM TO REQUEST# ( ) INTERIM REPORT ( ) FINAL REPORT TOTAL CONTRACT AMOUNT $ EXPENSE BUDGET TOTALS 16F 3 NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Copies of paid Invoices, cancelled checks, tear sheets, printed samples or other backup information to substantiate payment must accompany request for funds. The following will not be accepted for payments: statements in place of Invoices; checks or Invoices not dated; tear sheets without date, company or organizations name. A tear sheet Is required for each ad for each day or month of publication. A proof of an ad will not be accepted. Each additional request for payment subsequent to the first request, Grantee is required to submit verification in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. If project budget has specific categories with set dollar limits, the Grantee Is required to include a spreadsheet to show which category each invoke 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 16F 3 EXHIBIT "E" Naples Mare ve Erglades VISITOR QUESTIONNAIRE v Everglades cewst Welcome to the Paradise Coast'". 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: CITY ST ZIP DATE OF ARRIVAL: DATE OF DEPARTURE: WHERE ARE YOU HOTEL /RESORT FRIENDS /FAMILY CONDOMINIUM STAYING? NAME OF HOTEL AND CITY /AREA: NAME OF CONDOMINIUM /TIMESHARE: q OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY = HOW DID YOU SELECT THE HOTEL /CONDOMINIUM? INTERNET ( I YOUR CHOICE ( ) TRAVEL AGENT ( ) 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 Other Kayaking Conservancy of SW FL Other Lake Trafford Other SHOPPINfzAND DINING Fifth Avenue South Third Street South Waterside Shops Venetian Bay Bayfront Tin City Prime Outlets Other SIGHTSEEING Lunch /Dinner Cruise/ Sunset Cruise City Trolley Tour Everglades Tour Segway Tour Dolphin Cruise Other FAMILY ATTRACTIONS Naples Zoo Naples Botanical Garden Fun'n Sun Water Park Swamp Buggy Race Mini Golf King Richard's Fun Park Other RELAXATION & ENTERTAINMENT Golf Spa Shelling Seminole Casino Lounges & Clubs Music Other EXHIBIT "F" Naples Botanical Garden Project Budget 16F 3 Fundina — Not to Exceed Out of County Advertising and Marketing Expenses to include: Online Marketing and Regional Advertising Total: $75,000 16 EXHIBIT A -1 Contract Amendment 41 112011 Tourism Agreement Between Collier County and Naples Botanical Garden, Inc." s / This amendment, dated 2010 to the referenced agreement shall be by and between the parties to the original Agreement, Naples Botanical Garden, Inc. (to be referred to as "GRANTEE ") and Collier County, Florida, (to be referred to as "COUNTY "). Statement of Understanding RE: Contract # 10 -5551 - "2011 Tourism Agreement Between Collier County and Naples Botanical Garden, Inc." In order to continue the services provided for in the original Contract document referenced above, the GRANTEE agrees to amend the above referenced Contract by deleting in its entirety Section 4, INSURANCE. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the GRANTEE and the COUNTY have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. i Accepted:x'1(,1 �t/ , 2010 GRANTEE: Naples Botanical Garden, Inc. By C/ _Brian Holley, Executive Director Type Name of Signatory Approved as to form & legal Sufllcl ®ncy „�lat t County Attornew COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By Jack e apartment Director CONTRA T SPECIALIST ByI 1- Lyn M. ood 1 Stepl n Y. Mrneil Purchasing /General Services Director C MEMORANDUM 16 f Date: January 10, 2011 To: Lyn Wood, Contract Specialist Purchasing Department From: Teresa Polaski, Deputy Clerk Minutes and Records Department Re: Contract #10 -5551 "Tourism Agreement and Amendment #1" Contractor: United Arts Council of Collier County Attached one original of the contract and Amendment, referenced above (Item #16F3) approved by the Board of County Commissioners on September 14, 2010. The original has been kept by the Minutes and Records Department to be kept as part of the Boards Official Records. If you should have any questions please contact me at 252 -8411. Thank you. Coii ner county � ,r Adrrkni Services iDivismi A Purchasing 4 �'n �� 16,F,3 iR Purchasing Department 3301'Tamian*Trail East Naples, Florida 34112 �1 Telephone: (239) 252 -2667 —7... i FAX: (239) 252 -6593 Email: lynwood @colliergov, net www.colliergov.net ITEM NO {Q V 1 to DA3E RECEIVED: \� -5I Fll� N ROUTED TO: UV NVI WKIIC ACVVt IKIJ LINt /1 � ) A Irw Request for Legal Services ^ Date: December 9, 2010 To: Jeff Klatzkow 5 t" County Attorney l_ From: Lyn Wood, C.P.M. \ ` / 1 / Ale✓✓ Contract Specialist Re: 10 -5551 2011 Tourism Agreements and Amendment #1 Contractor: United Arts Council of Collier County i BACKGROUND OF REQUEST: }' 'E'jkA This contract was approved by the BCC on 9114/10; agenda item 16F3. .� This item has not been previously submitted. w f J '. Jf 1 ACTION REQUESTED: Contract and amendment review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, i please contact me at the telephone number or email address above. Purchasing would apprecil to � notification when the documents exit your office. K 0 F AAA 1 JAN - 7 2011 U ^ ' G /AcquisiC ns/ AgentFormsandLetters /RiskMgmtReviraq,e4 /T010 /16/�� UP.. r., 0 12 United Arts Council of CollierCormty Scnin, Collier (ouldI , "Arta' CuII Music • Dance • Iheduc • I-11 I Arts • DI 'vhucnnn. • Pilot • P'lintin„ • Sadpuut • Pllow prdpin liinittnmtental krts• Arehit'alle Our Mission: Enriching iRI' and It" n, III ovtn, 11ur communi v throuuh III, powor of The um Program Faux Areas: L nitu and pronrute the ILs J arc wmmuniry Am educationfor It ,,k student. Community mm -vch ten imt m the m. Board of Direcors Praxid'nt: NIL& Klwrasantdu, Arms Pr,,idenbuI,ry Mutk Klpu, I Jahn L,L,,r Treasurer: FA, Muhler, Gshrn & 6,r hs Secretary: Sasan Meinwarinc, Cm,ec Cluunhar (1o111 LIT Past President Par Ammo(tti, S,T cru Capmtl Mom. Directors: AnJrcv Cluck Rmwn, .Archuect Ruax N -1r v Eremr;,Juhn R. LWo,x! Realuns Rick Fumo, Fit nm Gnuultmp Gt.np Jlnudran KAIL, WJ, Arthaecnrrz x Desi,lni Sandi Moran, Arcs Panty B,m Ncwntm, Asti[ R, EIT Saltarrlli, PV lf'ralth Mxmv. Badmen Sigel, Arts Pain, Jo ,Ann tim111w, xrd, Sma[k,"t Despms SLLUn Sokol, Saknl IS, was rAriunn'Tr, r, ALT lss a- msGroup Roanvu.Nu; Irat"6nem,n Marilyn\ we, Ph. 1) , IEr,hoingist Tcni Wa,nrau, Anist Renee lereda, Flcrcher Thompvm Ashiwaun, E »Officio: Donn, Hull, CfAwrCowin Cmrnlo,ron John Sony. NapL, Cih CuunA Kathleen (1111[1411, Callirr(ount� Stlu,1113'It' ! Corporate Advisory Group: Jell Allhnuen, I'rwiJlon, Edison Slat, L,Ikge, ,AhpLx Kurhy Recker. :Vqk' lllmtn¢cd Dan Damon, Publisher, (ildtlhorr sNILAI Kim Cicauelli Knnn),, Ci¢andli.A!"111 Seniors Claudine Lep,AXI t:l, St kDarelolvnrnt Tcm MLMa III , II'dgee Il "If vuriru Thmm. Is Morro, Moron- $dumnls A( %t Mgmn. Gnngr Tunmir SeuncA, Fznnumic Ueaeloptwnt (1111"11 Tons Rap, Presrzhmr Fncoru Ikuk Mrhad RcN;'n, Nul,L (LnySer 11(mmllern^ Jeanne Scaw.tld, I luhtt Lesc+fd I'dYk, la(k Wen, ( Loren..,.. Fi l%imurs JI'r vu Ellin, Heimhon, haul, ,° Direanr }amaI Paine. Pmgrnm ,ManaGer .And, 131,"111', Iiogranr 69mn(;er ITawu GmnJcman, t )JJr.e Mdnapdr 133 ?5 Flmiaini Trail N,rth, ,C4 Naples, Florida 34103 -4451 Phone 1319/263 -S_4' Fax- Zi9 /R63 -iF3J Web www.co11Ir,'n... mr Entail: inruC11umdlicr.om The United Art, Cuuncil of Collier County ie a S0l(, (?)not- ('rq",Ltt rrgarti;ncon. Sinn' ojFlonda #A( -0720S PIl ' AT 17rN ;I" " -7 December 28, 2010 Collier County Government 3301 Tamiami Trail East Naples FL Gentlemen, Please be advised that full consent of the United Arts Council Board of Directors is given to Elaine Hamilton, Executive Director, for signature authority for binding the United Arts Council on agreements. Thank you for your cooperation and consideration. Most sincerely, 4'4,"vr` ' • 1. V Susan A. Mainwaring Secretary, United Arts Council 16F3 Memorandum Subject: Solicitation # 10 -5551 2011 Tourism Agreements Date: December 9. 2010 From: Lyn M. Wood, C.P.M. Contract Specialist Iry To: Ray Carter Risk Management Purchasing Department 3301 Tamiami Trail East Naples, Florida 34112 Telephone: (239) 252-2667 FAX: (239) 252 -6593 Email: lynwood a),colliergov.net www.collieroov. nettpurchasino This Contract was approved by the BCC on September 14, 2010, agenda item 16F3. The County is in the process of executing this contract with United Arts Council of Collier County. You have waived insurance requirements associated with TDC Grant Agreements pursuant to you email of September 28, 2010, a copy of which is attached. Copies of Amendment #1 removing the insurance requirements are attached to each contract. If you have any questions, please contact me at the above referenced information. Insurance A , By: i s ° = A Risk Management Signature Date (Please route to County Attorney via attached Request for Legal Services) DATE RECEIVED DPI-: 1 U 2010 III VAET: ., ,11 G/ Acquisitions/ AgentFormsandLetters /RiskMgmtReviewoflnsu rance4/15/2010/16/09 LynWood 16 F 3 From: RaymonclCarter Sent: Tuesday, September 28, 2010 1:29 PM To: Lyn Wood Subject: TDC Grant Agreements Lyn, as discussed earlier today, I have no issue with waiving insurance requirements associated with TDC Grant agreements. Ray al "01 Manager Risk Finance Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Office 239 - 252 -8839 Mobile 239 - 821 -9370 Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 16F3 MausenGeorgina From: CarterRaymond Sent: Friday, December 17, 2010 10:32 AM To: WoodLyn Cc: MausenGeorgina; HerreraSand a - Subject: 10 -5551 Tourism Agreemen United Arts Council of Collier County' nd "Naples Art Association" Lyn, through previous discussion we had waived insurance on these two agreements, which will now be forwarded to the county attorney's office for their review. Thanks Manager Risk Finance Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Office 239 - 252 -8839 Mobile 239- 821 -9370 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. www.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return To List Events Name History Detail by Entity Name Florida Non Profit Corporation UNITED ARTS COUNCIL OF COLLIER COUNTY, INC. Filing Information Document Number 755717 FEI/EIN Number 592070580 Date Filed 12/30/1980 State FL Status ACTIVE Last Event NAME CHANGE AMENDMENT Event Date Filed 05/08/1992 Event Effective Date NONE Principal Address 2335 TAMIAMI TRAIL NORTH 504 NAPLES FL 34103 US Changed 01/09/2006 Mailing Address 2335 TAMIAMI TRAIL NORTH 504 NAPLES FL 34103 US Changed 01/09/2006 Registered Agent Name & Address ELAINE HAMILTON 2335 TAMIAMI TRAIL NORTH 504 NAPLES FL 34103 US Name Changed: 02/26/2004 Address Changed: 01 /09/2006 Officer /Director Detail Name & Address Title D RAY, TOM 7299STONEGATE NAPLES FL 34109 Title P Page 1 of 3 16F Document Searches Forms Help Entity Name Search Sutimi@ http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inq_doc number--755717&in... 12/21/2010 www.sunbiz.org - Department of State Page 2 of 3 ANTONETTI,PAT 16F 3 2171 HARLANS RUN NAPLES FL 34105 US Title D MAINWARING, SUSAN 4748 WEST BLVD. Entity Name Search NAPLES FL 34103 AM Title D KHORASANTCHI, MALLY 8930 BAY COLONY DRIVE #1503 NAPLES FL 34108 Title D MEHLER, FELIX 27200 RIVERVIEW CENTER BLVD. BONITA SPRINGS FL 34134 Annual Reports Report Year Filed Data 2008 01/07/2008 2009 01/14/2009 2010 02/15/2010 Document Images 02/15/2010 -- ANNUAL REPORT 01/14/2009 -- ANNUAL REPORT 01/07/2008 -- ANNUAL REPORT 01/09/2007 -- ANNUAL REPORT "e 01/09/2006 --ANNUAL REPORT ^ - 01 /06/2005 -- ANNUAL REPORT 02/26/2004 -- ANNUAL REPORT 02/23/1998 -- ANNUAL REPORT 05/08/1997 -- ANNUAL REPORT 03/26/1996 -- ANNUAL REPORT 06/08/1995 -- ANNUAL REPORT ; Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List Entity Name Search Events Name History AM I Home I Contact us I Document Searches I E- Filinq Services I Forms I Help I http://www.sunbiz.org/scripts/cordct.exe?action--DETFIL&inq_doc number--755717&in... 12/21/2010 www.sunbiz.org - Department of State Page 3 of 3 Copyright © and Privacy Policies 16 F 3 State of Florida, Department of State http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inq_doe number--755717&in... 12/21/2010 16F3 2011 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND UNITED ARTS COUNCIL OF COLLIER COUNTY, INC. THIS AGREEMENT is made and entered into this 1 st day of October, 2010, 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: 1 6 f 3 (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 and copies of cancelled checks or proof of payment to the Executive Director of the Naples, Marco, Everglades Convention and Visitors Bureau ( "CVB "), 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. (b) The Executive Director of the CVB 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, 2011 to be eligible for payment. 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in Paragraph One (1) will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2010 and September 30, 2011. (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 16F3 4. INSURANCE: (a) VENDOR shall submit a Certificate of Insurance naming Collier County Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY — Statutory (c) The Certificate of Insurance must be delivered to the Executive Director of the CVB, or his designee, with the executed Agreement. The VENDOR shall not commence work to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY and the Agreement is fully executed. 5. 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. 6. 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, 3 16F3 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. 7. NOTICES: All notices from the COUNTY to the VENDOR shall be in writing and deemed duly served if mailed by registered or 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 All notices from the VENDOR to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: Jack Wert, Executive Director Naples, Marco Island, Everglades CVB 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. 8. 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. 9. 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. 4 10. TERMINATION: 16F3 (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. 11. 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. 12. 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. 13. 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. 14. 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. 15. TERM: This Agreement shall become effective on October 1, 2010 and shall remain effective for one year until September 30, 2011. If the project is not completed within the term of this agreement, all unreleased funds shall be retained by the COUNTY. Any extension of 5 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. 16. 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 90 days. 17. REQUIRED NOTATION: All promotional literature must prominently list Collier County and the Tourist Development Council as a source of funds and display the CVB logo with website address to qualify for reimbursement. 18. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. IN WITNESS WHEREOF, the 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. 0 16.F 3 wmtrnx mlsaslv, 16F3 BOARD OF COUNTY COMMISSIONERS ( COLLIER COUNTY, FLORIDA ' FRED W. COYLE, Chairman Approved as, to £oriri and leuiici Inc c� N s t County Attorney c a W ES ES: (1) Gn ,u C. -vn„e Janict PcLInc Printed/Typed Name (2) A,, i a MR /-tjKyEr;c ►32awNE Printed/Typed Name VENDOR: UNITED ARTS COUNCIL OF COLLIER COUNTY Printed /Typed Name ff4ecu+144e. i �e car Printed/Typed Title 7 1 ?em # Agenda R Da'e D e (I Fi�dd 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: E 16F 3 Fundina — Not to Exceed $24,000 16F3 EXHIBIT A -1 Contract Amendment #1 112011 Tourism Agreement Between Collier County and United Arts Council of Collier County, Inc." This amendment, dated 2010 to the referenced agreement shall be by and between the parties to the original A eement, United Arts Council of Collier County, Inc. (to be referred to as "GRANTEE ") and Collier County, Florida, (to be referred to as "COUNTY "). Statement of Understanding RE: Contract # 10 -5551 - "2011 Tourism Agreement Between Collier County and United Arts Council of Collier County, Inc." In order to continue the services provided for in the original Contract document referenced above, the GRANTEE agrees to amend the above referenced Contract by deleting in its entirety Section 4, INSURANCE. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the GRANTEE and the COUNTY have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. GRANTEE: United Arts Council of Collier County, Inc. _Elaine Hamilton, Executive Director_ Type Name of Signatory Approved as to f sutlklesey 4Z i i c _G,y/ Deputy County Attorney n Accepted: LAP Vb( f�Q! Z, 2010 COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Jack Wrt, Department Director CONTRACT SPECIALIST J L n Wood PURCHASING /GS DIRECMR By �%I 41 i l�nl Steph Y, &arnell