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Agenda 08/24/2021 Item #16F 108/24/2021 16.F.1 EXECUTIVE SUMMARY Recommendation to approve the Sponsorship Agreement for FY 2022 between Collier County and Global Sports Resorts LLC dba Academia Sanchez-Casal Florida (Global Sports Resorts) and make a finding that this item promotes tourism. OBJECTIVE: Recommend the approval of a Sponsorship Agreement between Collier County and Global Sports Resorts LLC dba Academia Sanchez-Casal Florida (Global Sports Resorts) for Fiscal Year 2022 beginning October 1, 2021, ending September 30, 2022. CONSIDERATIONS: Global Sports Resorts is under the management of CEO and founder Emilio Sanchez Vicario. It is the largest tennis facility in Southwest Florida with 38 courts, acting as a tennis hub for the whole region. Outstanding first-class facilities make the club an ideal place for families and tennis lovers of all levels in a unique tennis atmosphere. All of their tournaments are sanctioned and sponsored by the International Tennis Federation, United States Tennis Association, and National Tennis Players Association. Sanchez-Casal brings top -ranked players both Internationally and Nationally to Academia Sanchez-Casal and guarantee great tennis for area tennis fans of all ages. The club is also home to the International Accredited School which is also located in the facility and offers outstanding global education for all their international students. More than 60 tournaments of all levels (from local junior to ITF World Tennis Tour tournaments) are hosted every year at Sanchez-Casal Florida including 4 USTA National Championships, 2 USTA Super Cat 11, 1 USTA Super Cat III, USTA Florida Junior Sanctioned and UTR (Universal Tennis Ranking) tournaments. The County will pay Global Sports Resorts a Sponsorship Fee in the sum of Ten Thousand Dollars ($10,000) for the 2022 Fiscal Year in two installments to help Global Sports Resorts pay for its costs related to hosting the events. Every contract or agreement so approved by the County Manager shall be deemed to include the following provision: "Approval of this Agreement by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, this Agreement shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board." FISCAL IMPACT: $10,000 is available in Fund 184 in the BCC requested FY 22 Tourism Division budget for sports marketing, as outlined by the promotional agreement. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan with this Executive Summary. ADVISORY BOARD RECOMMENDATION: The Tourist Development Council recommended approval of this item (8-0) at the July 26, 2021 meeting. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. - CMG RECOMMENDATION: To approve the Sponsorship Agreement for FY 2022 between Collier County and Global Sports Resorts LLC dba Academia Sanchez-Casal Florida (Global Sports Resorts) and make a finding that this item promotes tourism. Prepared by: Nikki King, Sports Development Manager Packet Pg. 74 16.F.1 08/24/2021 ATTACHMENT(S) 1. Global Sports Resorts Agreement (PDF) Packet Pg. 75 16.F.1 08/24/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.17.1 Doe ID: 17660 Item Summary: Recommendation to approve the Sponsorship Agreement for FY 2022 between Collier County and Global Sports Resorts LLC dba Academia Sanchez -Canal Florida (Global Sports Resorts) and make a finding that this item promotes tourism. Meeting Date: 08/24/2021 Prepared by: Title: Administrative Assistant — Tourism Name: Jennifer Leslie 08/04/2021 10:25 AM Submitted by: Title: Division Director — Tourism Name: Jack Wert 08/04/2021 10:25 AM Approved By: Review: Tourism Corporate Business Operations Tourism Tourism County Attorney's Office County Attorney's Office Office of Management and Budget Office of Management and Budget County Manager's Office Board of County Commissioners Michael Cox Stage 1 Review Michael Cox Stage 1 Review Jack Wert Additional Reviewer Paul Beirnes Director Completed Colleen Greene Level 2 Attorney Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Debra Windsor Level 3 OMB Gatekeeper Review Susan Usher Additional Reviewer Sean Callahan Level 4 County Manager Review Geoffrey Willig Meeting Pending Skipped 08/06/2021 2:54 PM Skipped 08/06/2021 2:55 PM Completed 08/09/2021 12:09 PM 08/09/2021 1:20 PM Completed 08/10/2021 11:43 AM Completed 08/10/2021 2:00 PM Completed 08/11/2021 8:27 AM Completed 08/13/2021 1:47 PM Completed 08/17/2021 1:23 PM 08/24/2021 9:00 AM Packet Pg. 76 M SPONSORSHIP AGREEMENT BETWEEN COLLIER COUNTY AND GLOBAL SPORTS RESORTS THIS AGREEMENT is made and entered into this day of , 2021, by and between Collier County, a political subdivision of the State of Florida ("County"), and Global Sports Resorts, LLC ("Global Sports Resorts"), 2035 Sanchez Casal Way, Naples, FL 34105, authorized to do business in Florida. RECITALS: WHEREAS, the County has adopted a Tourist Development 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, Global Sports Resorts has applied to the Collier County Tourist Development Council ("TDC") for Sponsorship funding to be used to host multiple national and international tennis competitions in the fiscal year of 2022; and WHEREAS, with the recommendation of the TDC, the Collier County Board of County Commissioners has reviewed and approved the proposal of Global Sports Resorts, and specifically finds that the events promote tourism. WITNESSETH: NOW, THEREFORE, in consideration of the promises and covenants contained herein, and other good and valuable consideration exchanged amongst the parties, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. Global Sports Resorts agrees as follows: A. At its sole cost and expense, Global Sports Resorts will promote, market, and present the fiscal year of 2022 Tennis Championships (a series of events), to take place at Sanchez-Casal Academy located at Naples Bath and Tennis Club from October 1, 2021, through September 30, 2022. As part of this agreement, Global Sports Resorts at its sole cost and expense, will: i. Host multiple (at least two) national and international tennis competitions between October 1, 2021, through September 30, 2022, and will comply with all then -current County requirements for the hosting of an event of this size including but not limited to: providing the necessary safety protocols, insurance, crowd control, parking, security, EMS, restroom facilities, waste removal, and other event M operation expenses, Global Sports Resorts affirms that it holds the required liquor license to allow alcohol beverage sales at the events. ii. Negotiate and schedule the production and live streaming and airing of the Championship rounds of each event taking place between October 1, 2021, through September 30, 2022. ii. Provide written acknowledgement of funding by the Collier County Convention & Visitors Bureau (CVB) and placement of the CVB logo in all media, marketing, promotion, and local onsite activation. 3. Collier County agrees as follows: A. In consideration of the above, County will pay Global Sports Resorts an annual Sponsorship Fee in the sum of Ten Thousand Dollars ($10,000.00), for events taking place October 1, 2021, through September 30, 2022, comprising at least two national and/or International Tennis Championships taking place during this time frame. Although this Sponsorship Fee is intended to help Global Sports Resorts pay for its costs related to hosting the event, Global Sports Resorts may use this fee in any manner it deems fit. Payment shall be made in two installments as follows: i. The First Payment ($5,000.00) shall be paid to Global Sports Resorts within 60 days of the County's receipt of an invoice, but no earlier than October 1, 2021. Global Sports Resorts will provide documentation by written notice that the season is underway, and the schedule of events is published. Documentation may include proof of media placement such as social media promotion, e-newsletters, digital advertising, website updates, and tennis related websites, Sanchez -Canal Academy produced television programs and website banner ads. All marketing, promotion and advertising must include the CVB logo as provided by Collier County tourism. ii. The Second Payment ($5,000.00) shall be paid to Global Sports Resorts upon receipt of an invoice and evidence of the live streaming of each event and CVB commercials in each event as indicated below: a. Proof that the events were broadcast and live streamed as agreed to including the airing of CVB (provided by the CVB) commercials, twice an hour in all events. b. Documentation of attendance/overnight accommodations stays and direct visitors spending by event participants and spectators for each event. C. Proof of website and social media promotion of tennis events internationally and nationally. d. Proof of actively marketing Collier County in all newsletters relating to promoting tennis events to prospective competitors. e. Onsite activation of the CVB logo and website will be prominent on all courts and displayed and announced during all national and international competitions. 2 ��O M Final invoice shall be presented no later than September 15, 2022. All invoices are payable in compliance with Florida's Prompt Payment Act, Ch. 218, Fla. Stat. B. Within 30 days from the County's receipt of the Global Sports Resorts final invoice, the Parties shall meet to review the information provided by Global Sports Resorts as part of its final invoice, and consider whether there should be changes to this Agreement or the Sponsorship Fee for future years. To be effective, any changes must be memorialized in a amendement to this Agreement. The County Manager, or his designee, is authroized to extend the time frames in this Agreement on behalf of the County. C. In addition to paying the agreed upon Sponsorship Fee, Collier County shall assist Global Sports Resorts in their hosting of all tennis events, which will consist of some or all of the following: i . Year-round promotion on Collier County Convention and Visitors Bureau Sports Marketing website, Facebook and Twitter channels as provided by Global Sports Resorts (subject to review and approval by Collier County). ii. Assistance with hotel logistics including gathering rates. iii. Public Relations and Media Relation. iv. Assistance with discounts to local attractions and restaurants. LEGAL MATTERS 4. INDEMNIFICATION AND DUTY TO DEFEND: A. To the maximum extent permitted by Florida Law, Global Sports Resorts shall indemnify, defend and hold harmless the County, its officials and employees from any and all liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fee and paralegals' fee to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of Global Sports Resorts 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. This section does not pertain to any incident arising from the sole negligence of the County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond limits set forth in section 768.28, Florida Statutes, B. The duty to defend under this Section is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of Global Sports Resorts, the County, or any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Global Sports Resorts. obligation to indemnify and defend the County will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against Global Sports Resorts or an M indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 5. INSURANCE: Global Sports Resorts shall at all times during the term of this Agreement maintain insurance coverage at amounts that are commercially reasonable, including at least Comprehensive General Liability at $3,000,000 and Liquor Liability insurance at $1,000,000. Collier County and its affiliates shall be named as an additional insured on all such policies of insurance and Global Sports Resorts shall provide proof of insurance at least 7 days prior to the effective date of this Sponsorship Agreement and said coverage will remain in effect through the entire term of this agreement. 6. NOTICES: All notices from the County to Global Sports Resorts shall be in writing and deemed duly served if mailed by registered or certified mail to Global Sports Resorts at the following address: Emilio Sanchez Vicario Global Sports Resorts, LLC 2035 Sanchez-Casal Way Naples, FL 34105 All notices from Global Sports Resorts to the County shall be in writing and deemed duly served if mailed by registered or certified mail to the County to: Jack Wert Tourism Director Collier County Tourism Department 2660 N. Horseshoe Drive Suite 105 Naples, Florida 34104 Global Sports Resorts and the County may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 7. NO PARTNERSHIP: Global Sports Resorts is an independent contractor. Nothing herein contained shall be construed as creating a partnership or joint venture of any kind between the County and Global Sports Resorts, its vendors or subcontractors, or to constitute Global Sports Resorts, or its vendors or subcontractors, as an agent or employee of the County. All revenue of any kind received by Global Sports Resorts related to hosting these events, including but not limited to parking fees, are for the sole benefit of Global Sports Resorts, and County will not be entitled to share in any profit received by, or be liable to share in the cost incurred by, Global Sports Resorts arising fiom these events. 8. COOPERATION: Each party shall fully cooperate with the other in all matters pertaining to this Agreement and shall provide all information and documentation as requested from time to time. 4 9. TERM: This Agreement shall become effective on approval by the Board of Commissioners and remain in effect through the events held up through September 30, 2022. There is no right to renew by either party. 10. TERMINATION FOR CONVENIENCE: This Agreement may be terminated by either party by giving the other party written notice 3 months in advance of the termination date. Following the giving of such notice, the parties will continue to abide with all terns and conditions of this Agreement through the following year's Tennis Championships, which will be the final tournament under this Agreement. After the conclusion of this final tournament, and the satisfaction of all obligations and payments arising from this final tournament, the parties will have no further obligations whatsoever with respect to this Agreement. 11. OPTION TO TERMINATE: Either party may terminate or cancel this Agreement on less than 30 days written notice. Following payment, and the satisfaction of all obligations and payments arising from the prior tournament that was held, each party will have no further obligation whatsoever to the other with respect to this Agreement. 12, GENERAL ACCOUNTING AND AVAILABILITY OF RECORDS: With respect to all matters covered in this Agreement, Global Sports Resorts shall maintain complete and accurate accounting records, and shall shall maintain these records, books, documents, papers and financial information pertaining to work performed under this Agreement for a period of three (3) years, in compliance with Chapter 119, the Florida Public Records Law. 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 for any given tournament year, the County may upon written notice, at any time during the term of this Agreement, reduce or eliminate funding under this Agreement. Upon receipt of such notice, Global Sports Resorts will have the option to either terminate this Agreement or continue this Agreement without such funding. If following receipt of such notice Global Sports Resorts elects to terminate the Agreement, the County will reimburse Global Sports Resorts for all eligible and documented expenditures Global Sports Resorts actually incurred up to the date written notice was received, and Global Sports Resorts will not be required to pay the termination fee in paragraph 11 above. 14. PROHIBITION OF ASSIGNMENT: This Agreement is personal to Global Sports Resorts. As such, Global Sports Resorts may not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the County, which consent may be withheld in the County's sole discretion. 15. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, and must be made with the same formalities as was done in entering into this Agreement. 16. VENUE AND GOVERNING LAW: This Agreement shall be governed by and construed under the laws of the State of Florida. The parties shall attempt in good faith to resolve any dispute 5 concerning this Agreement through negotiation between authorized representatives, If these efforts are not successful, and there remains a dispute under this Agreement, the parties shall first engage in voluntary mediation, with each side sharing all costs. Following the conclusion of this procedure, either party may then file an action in the Circuit Court of Collier County, or the Middle District of Florida, which shall be the exclusive venue with respect to any disputes arising out of this Agreement. In the event of litigation, each side shall bear its own attorney's fees. 17. ENTIRE AGREEMENT: This Agreement sets out the entire agreement between Collier County and Global Sports Resorts with respect to the subject matter contained herein. It supersedes all prior agreements, proposals, arrangements, and communications, whether written or oral, with respect to the subject matter hereof. In the event of any conflict between a provision of the Agreement and a provision of an invoice, the provisions of this Agreement will prevail. No modification or waiver of this Agreement or any of the provisions hereof will bind either party unless an authorized agent of each party agrees in writing to the modification waiver. IN WITNESS WHEREOF, Global Sports Resorts, LLC and Collier County have respectively, by an authorized person or agent hereunder set their hands and seals on the date and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL KINZEL, Clerk COLLIER COUNTY, FLORIDA Crystal Kinzel, Clerk proved as to form and legality: olleen M. Greene Managing Assistant County Attorney Penny Taylor, Chairperson Global Sports Resorts, LLC By: o San icario 2