Agenda 08/24/2021 Item #16F 216. F.2
08/24/2021
EXECUTIVE SUMMARY
Recommendation to approve the 1 year Sponsorship Agreement between Collier County and UWP,
LLC dba Pro Watercross World Championships for $90,000 and make a finding that the
sponsorship expenditures promote tourism.
OBJECTIVE: Recommend the sponsorship of the Pro Watercross Championship in Collier County for
2021.
CONSIDERATIONS: Pro Watercross has brought their Championship event to Collier County for
several years. The event has grown is size and scope each year. This event brings national attention to
Collier County and attracts several hundred Watercross participants and their families to our area in late
October when our hotels and area businesses are in need of increased visitation.
The results of the 2019 and 2020 Pro Watercross events were as follows:
2020
2019
Direct Spending
$376,862
$384,425
Economic Impact
$533,196
$543,588
Room Nights
510
540
TDT Funding
$123,000
$123,000
Acquisition Cost
$241
$227
TDT Revenue
$3,825
$4,053
This Sponsorship Agreement covers 2021 Pro Watercross Championship. The terms and conditions are
identified in the attached sponsorship agreement and outlines two installment payments totaling $90,000 .
Watercross will provide Collier County with an invoice for each of the two installments. In summary, the
installments are as follows:
Payment in the amount of $50,000 shall be paid to Watercross within 45 days of
the County's receipt of an invoice following the mutual execution of this
Sponsorship Agreement, yet payable no earlier than October 1, 2021.
The Second Payment in the amount of $40,000 shall be paid to Watercross upon
receipt of a final invoice following each year's Watercross event. The County
may deduct from this final payment any outstanding fees owed to Collier County
in connection with this event.
Collier County will assist Watercross in the hosting of the Pro Watercross Championship with year-round
promotion of the event on the Sports Tourism website, Facebook and Twitter channels; PR and media
assistance in promoting the Championships; and assistance with permitting and hotel accommodation
arrangements. In addition, Collier County will pay the cost of EMS and law enforcement directly to those
vendors.
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
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16. F.2
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: $90,000 is available in TDC Tourism Promotions Fund 184 in the proposed FY 22
Tourism Division Sports Event Sponsorship budget for sports marketing.
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: Recommendation to approve the Sponsorship Agreement between Collier
County and UWP, LLC dba Pro Watercross Championship for $90,000 for the 2021 Pro Watercross
Championships and make a finding that the sponsorship expenditures promote tourism.
Prepared by: Nikki King and Jack Wert, Tourism Division
ATTACHMENT(S)
1.2021 Sponsorship Agreement-1 yr legal -signed AJ (PDF)
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08/24/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.17.2
Doe ID: 17661
Item Summary: Recommendation to approve the 1 year Sponsorship Agreement between Collier
County and UWP, LLC dba Pro Watercross World Championships for $90,000 and make a finding that
the sponsorship expenditures promote tourism.
Meeting Date: 08/24/2021
Prepared by:
Title: Administrative Assistant — Tourism
Name: Jennifer Leslie
08/04/2021 11:07 AM
Submitted by:
Title: Division Director — Tourism
Name: Jack Wert
08/04/2021 11:07 AM
Approved By:
Review:
Corporate Business Operations
Tourism
Tourism
Tourism
County Attorney's Office
Office of Management and Budget
County Attorney's Office
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Jennifer Reynolds
Stage 1 Review
Kelly Green
Stage 1 Review
Jack Wert
Additional Reviewer
Paul Beirnes
Director Completed
Colleen Greene
Level 2 Attorney Review
Debra Windsor
Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Susan Usher
Additional Reviewer
Sean Callahan
Level 4 County Manager Review
Geoffrey Willig
Meeting Pending
Completed
08/04/2021 11:13 AM
Completed
08/04/2021 1:56 PM
Completed
08/04/2021 2:39 PM
08/04/2021 9:07 PM
Completed
08/06/2021 10:37 AM
Completed
08/06/2021 11:08 AM
Completed
08/06/2021 11:17 AM
Completed
08/19/2021 8:40 AM
Completed
08/24/2021 12:14 PM
08/24/2021 9:00 AM
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SPONSORSHIP AGREEMENT BETWEEN
COLLIER COUNTY AND UWP, LLC PRO WATERCROSS CI4AMPIONSHIP
I`RIS AGR1 EM) NT is yitade Arid entered into this L day of ' i 2021, by and
between Collier County, a political subdivision of the State of Florida ("County"} and U, LLC dlaa Pro
Watercross Championship ("Watercross"), authorized to do business in Florida.
RECITALS:
WI-IEREAS, the County has adopted a Tourist Development :Plan funded by proceeds from the
Tourist Development Tax; and
WBERP'AS, the Collier County Tourism Ordinance provides that certain arriounts of the revenues
generated by the Tourist Development Tax are to be allocated to proinote and advertise tourism within the
State of Florida, nationally and internationally which encourages tourisn7; rind
W14BREAS, UWP, LLC Pro Watercross Championship ("Watercross") has applied to.the Collier
County Tourist Deveiopinent Council C'TDC") for Sponsorship funding to be used to Bost the UWP, LLC
Pro Watercross Championship at Collier County's Sugden Regional Park;
WHEREAS, with the recommendation of the TDC, the Collier C'otinty Board of County
Commissioners has reviewed and approved the proposal of Watercross, and specifically finds that the event
promotes 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:
I , All of the above RECITALS are true and correct and are hereby expressly incorporated herein by
reference as if set forth fully below.
Watercross agrees as follows:
A. At its sole cost and expense, Watercross will promote, .market and present the 2021 Pro
Watercross Championship, to take place at Collier County's Sugden Regional Park in the Frill of
2021, As part of this event, Watercross, at its sole cost and expense, will:
i. Lease the Sugden Regional Park directly from the Collier County Parks and
Recreation Division and will. comply with all then -current County requirements for the
hosting of an event of this size including but not limited to; adhering to County mandated
protocols related to public gatherings, providing and paying for the necessary insurance,
Parking, restroorn facilities, waste removal, portable generators, showers and other event
operation expenses. Neither 'Watercross, nor any of its vendors, shall engage in the
distribution, provision, or sale ofalcoholic beverages as alcoholic beverages are prohibited
at this event.
ii. Watercross shall identify and provide dates for the event to the Touristic
Department within 30 days from execution of this Agreement. The Lease Agreement
shall specify dates for the event which shall be provided to the Tourism Division upon
execution of the Lease.
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iii. Negotiate and schedt�lc the airing offou€ (4}, tlnirly second (:30) spots for the sole
benefit of the Collier County Convention & Visitors Bureau (CVB) within the telecast of
the Pro Watercross Championships on CBS Shorts Network (oۥ a network of comparable
reach or greater),
iv, Negotiate and schedule the airing of four (4) thirty second (:3.0) spots for the sole
Benefit of the Collier County Convention & Visitors Bureau (CVB) within the daily live
streaming of the events.
v. Negotiate opening and closing mentions of the breadth and depth of the destination
and telecast within the Pro Watercross Championships broadcast. Collier County
Convention & Visitors Bureau (CVB) to provide copy and b-roll for these mentions.
vi. Provide written acknowledgement of the sponsorship by the Collier County
Convention & Visitors Bureau (CVB) using the phrase "Funded in part by the Collier
County Tourist Tax" and/or placement of the CVB logo in all media, marketing,
promotion, and as a part of the local activation at all Watercross events prior to the fnnal
Naples event using #RacetoNaples branding message.
3. Collicr County agreesas follows:
A. In consideration of the above, County will pay Watercross an annual, Sponsorship Fee in
the sum of Ninety Thousand Dollars ($90,000,00) for the 2021 Pro Watercross Championship.
Upon the completion of the 2021 Sponsorship tee, no further funding is promised.
Although this Sponsorship Fee is intended to help Watcrcross pay for its costs related to hosting the event,
Watercross may use this fee in any manner it deems fit, Payments shall be made in Two installments as
follows:
L Payment in the amount of $50,000 shall be paid to Watercross within 45 days of
the County's receipt of an invoice following the mutual execution of this Sponsorship
Agreement, yet payable no earlier than October 1, 2021, Watercross must provide written
notice, accompanied by the 2021 tour schedule, that Watercross has commenced the racing
circuit season for the 2021. event year. Such notice will provide documentation evidencing
that the season/racing circuit has officially opened. This documentation may include proof
of onsite activation of the CVB logo and #RacetoNaples at all circuit stops, .Media
promotion for tho event such as social media placement, e-nnewsletters, digital advertising,
Piro Watercros& website updates and on Personal Watercraft related websites utilizing
website banner ads. All marketing, promotion and activations at race sites prior to the
Naples Championship event, and all advertising must include the CVB logo as provided
by Collier County to Watercross,
ii. The Second Payment in the amount of $40,000 shall be paid to Watercross upon receipt
of a final invoice following each year's Watercross event. The County may deduct fa`ortn
this final payment any outstanding fees owed to Collier County in connection with this
event.
The final invoice shall include the following documentation,
Proof that the UWP, LLC Pro Watercross Championship was
broadcasted on CBS Sports Network as agreed and the four (4) CVB
commercials were a pant of that broadcast.
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b, Proof that the UWP, LLC Pro Watercross Championship was live streamed
and the four (4) CVB commercials were a paet of the live streaming.
c. Documentation of the UWP, LLC Pro Watercross ChaEnpionship in Naples
indicating the event attendance, overnight accommodations stays and direct
visitor spending in Collier County by event participants and spectators.
This final invoice, Post Event Report and all documentation shall be submitted to the
County within 30 days following the conclusions of the current year's UWP, LLC Pro
Watercross Championships. All invoices are payable in compliance with Florida's Prompt
Payment Act.
B. In addition to paying a Sponsorship Fee, Collier County shall assist Watercross inn their
hosting of the event, which will consist of some or all of the following:
L Promotion of the event on the Collier County Convention and Visitors Bureau
sports marketing website, Facebook, and Twitter channels;
ii. Assistance with hotel logistics includingrates and banquet needs;
iii, Assistance with local volunteers in coordination with Watercross leadership;
iv. Assistance with idonntifying Food Concession Operators, if needed, with prior
coordination with Collier County staff;
V. Assistance with Public Relations and Media Outreach of event informatioin
provided by Watercross;
vi. .Assistance with obtaining discounts to local attractions and restaurants for
event participants and fans.
LEGAL MATTERS
4. 1NDEMNIF.ICATION AND DUTY TO DEFEND:
A. To the nnaxitnum extent permitted by Florida Law, Watercross shall indemnify, defend
and hold harmless the County, its officials and employees from any and all liabilities, dannrages,
losses, and costs, including, but not limited to, reasonable attorneys' fee and paralegals' fee to
the extent caused by the negligence, mokless.aness, or intentionally wrongful conduct of
Watercross in the performance of this Agreement. This indemnification obligation shall not be
construed to negate, abridge or reduce any other rights or romedies which otherwise may be
available to an indemnified party or persona described in this paragraph, This section sloes not
pertain to any incident arising from the sole negligence of tine County. The foregoing
indemnification shall not constitute a waiver of sovereign immunity beyond ti►nits set forth in
section 768,28,1~lorida Statutes.
B. The duty to defend under this Section is independent and separate fronn the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of Watercross, the
County, or any indemnified party. The duty to defend arises immediately upon presentation of
a claim by any party and writton notice of such claim being provided to Watercross.
Watercross' 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
Watercross or an indemnified party for the matter indemnified hereunder is fully and finally
barred by the applicable statute of limitations,
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S. INSURANCE: Watercross 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. Collier County and its affiliates shall be named as an additional insured
on all such policies of insurance and Watercross shall provide proof of insurance at least 7 days prior to
the start of the Pro Watercross Championship event or upon Collier County's request.
6. NOTICES: All notices from the County to UWP, LLC Pro Watercross Championship shall be in
writing and deemed duly served if mailed by registered or certified mail to Pro Watercross Championship
at the following address:
A.J. Handler
Pro Watercross
1937 Fairport Nine Mile Point Pt. Rd.
Penfield, NY 14526
aj@L)ia owatei•cross.com
All notices fi•om Watercross to the County shall be in writing and decmed duly served if mailed by
registered or certified mail to the County to:
Paul Beirnes, Tourism Director
Collier County Tourism Department
2660 N. Horseshoe Drive Suite 105
Naples, Florida 34104
Paul.Beinies@colliercoupiyfi. ygov
Watercross and the County may change the above mailing addresses at any time upon giving the
other party written notification pursuant to this Section.
7. NO PARTNERSHIP: UWP, LLC Pro Watercross Championship is an independent contractor.
Nothing herein contained shall be construed as creating a partnership or joint venture of any kind between
the County and Watercross, its vendors or subcontractors, or to constitute Watercross , or Its vendors or
subcontractors, as an agent or employee of the County. All revenue of any Kind received by Watercross
related to hosting these events, including but not limited to parking fees, are for the sole benefit of
Watercross, and County will not be entitled to share its any profit received by, or be liable to share in the
cost incurred by Watercross arising from these events.
& COOPERATION: Each patty 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.
9, TERM; This Agreement shall become effective on approval by the Board of Commissioners and
remain in effect through the Pro Watercross Championship held in 2021. The term of sponsorship shall be
for One (1) year.
10. TERMINATION FOR CONVENIENCE: This Agreement may be terminated by either party by
giving the other party written notice between 3 months in advance of the termination date. Following the
provision of such notice, the parties will continue to abide with all terms and conditions of this Agreement
through the next Watercross event, which will be the final event under this Agreement. After the conclusion
of this final event, and the satisfaction of all obligations and payments arising from this final event, 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 with three (3)
months written notice with no penalty to either party. Following satisfaction of all obligations and payments
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arising from the prior tournament each party will have no farther obligation whatsoever to the other with
respect to this Agreement.
12, GENERAL ACCOUNTING AND AVAILABILITY OF RECORDS: With respect to all matters
covered it) this Agreement, Watercross shall maintain complete and accurate accounting records, and shall
maintain these records, books, documents, papers and financial information pertaining to work performed
tinder this Agreement for a period of three (3) years, hi compliance with Chapter 1 l ), the Florida Public
Records Law.
13. AVAILABILITY OF FUNDS: This Sponsorship Agreement is subjectto the availability of Tourist
Development Tax revenues. If for any .reason tourist tax -hinds are not available to fund all or part of this
Agreement for any given tournatNentyear, the Comity tnay upon written notice, at any time during the term
of this Agreement, reduce or eliminate funding under this Agreement. Upon receipt of such notice,
Watercross will have the option to either terminate this Agreement or continue this Agreement without
such funding. If following receipt of such notice Watercross elects to terminate the Agreement, the County
will reimburse Watercross for all eligible and documented expenditures Watercross actually incurred up to
the dine written notice was received, and neither Watercross nor the County will be required to pay a
terrrrirration fee.
14. PRORWIIION OF ASSIGNMENT: This Agreement is personal to Watercross As such,
Watercross 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 lornralkies as was clone in entering into this Agreement.
15, 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 concerning
this Agreernent through negotiation between authorized representatives. If these efforts are not successful,
and there rernains 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 patty trray 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 AGREE MENT: This Agreement sets out the entire agreement between Collier County
and Watercross 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, which agreements are hereby terminated in their entirety and of no further force and effect
as of the date of this Agreement, la 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 hercof will bind either party unless an authorized agent of
each party agrees in writing to the modification waiver.
1N WITNESS WI-11--REOl+, UWP, LLC Pro Watercross Championship and Collier County have
respoctivoly, by an authorized person or agent, liereunder set their bands and seals on the date and year first
above written.
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/V'r'TES`I': -BOARD OIL COUNTS` COMMISSIONERS
CRYSTAL KINZEL, Cleyk COLLIER COUNTY, FLORIDA
By: By:
Cleric Penny Taylor, Chairman
�tfip�voveci as to form mid toga Iity:
olleei, M, Greene
Managing Assistant County Attorney
UWC, LLC
C F'
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