Backup Documents 09/14/2021 Item #16F 3e (Absentia 8/24/2021) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. County Attorney Office County Attorney Office cwi& i O(l
2. BCC Office Board of County Commissioners adliTx
3. Minutes and Records Clerk of Court's Office
P-Y\A)
1;1/00-1 $:tilaMC
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff i Phone Number
Contact/ Department e o*i, , Eosti O . ` f' S70.
Agenda Date Item was _ q/(,� Agenda Item Number
Approved by the BCC a� _ 1// / r 1 tU cDam)
Type of Document Number of Original
Attached Documents Attached 3-
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature?(STAMP OK) N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's ,) N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board `1
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required. i
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on above date and all changes made during N/A is not
the meeting have been incorporated in the attached document. The County , / an option for
Attorney's Office has reviewed the changes,if applicable. v this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the an option for
Chairman's signature. this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
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MEMORANDUM
Date: September 21, 2021
To: Jennifer Leslie, Operations Coordinator
Corporate Business Operations
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Sponsorship Agreement w/UWP, LLC
Pro Watercross Championship
Attached for your records is one (1) original of the document as referenced above,
(Item #16F3(e) 8-24) adopted by the Board of County Commissioners on Tuesday,
September 14, 2021.
An original is being held in the Minutes & Records Department as part of the
Official Records.
If you have any questions, please feel free to contact me at 252-7240.
Thank you.
Attachment
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SPONSORSHIP AGREEMENT BETWEEN
COLLIER COUNTY AND UWP,LLC PRO WATERCROSS CHAMPIONSHIP
THIS AGREEMENT is made and entered into this 1 day of 2021, by and
between Collier County,a political subdivision of the State of Florida("County")andU,LLC dba Pro
Watercross Championship("Watercross"),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 amounts 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,UWP, LLC Pro Watercross Championship("Watercross")has applied to the Collier
County Tourist Development Council("TDC")for Sponsorship funding to be used to host the UWP, LLC
Pro Watercross Championship at Collier County's Sugden Regional Park;
WHEREAS, with the recommendation of the TDC, the Collier County 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:
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. 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 Fall 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, restroom 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 of alcoholic beverages as alcoholic beverages are prohibited
at this event.
ii. Watercross shall identify and provide dates for the event to the Tourism
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 schedule the airing of four(4),thirty second(:30)spots for the sole
benefit of the Collier County Convention& Visitors Bureau (CV13)within the telecast of
the Pro Watercross Championships on CBS Sports Network(or a network of comparable
reach or greater).
iv. Negotiate and schedule the airing of four(4) thirty second (:30)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 final
Naples event using#RacetoNaples branding message.
3, Collier County agrees as 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 Fee,no further funding is promised.
Although this Sponsorship Fee is intended to help Watercross 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:
i. 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 the event such as social media placement,e-newsletters,digital advertising,
Pro Watercross 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 from
this final payment any outstanding fees owed to Collier County in connection with this
event.
The final invoice shall include the following documentation:
a. Proof that the UWP, 1_1,C Pro Watercross Championship was
broadcasted on CBS Sports Network as agreed and the four (4) CVB
commercials were a part of that broadcast.
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•
•
b. Proof that the UWP, LL,C Pro Watercross Championship was live streamed
and the four(4)CVB commercials were a part of the live streaming.
c. Documentation of the UWP, LLC Pro Watercross Championship 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 conclusion 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 in their
hosting of the event,which will consist of some or all of the following:
i. Promotion of the event on the Collier County Convention and Visitors Bureau
sports marketing website, Facebook, and Twitter channels;
ii. Assistance with hotel logistics including rates and banquet needs;
iii. Assistance with local volunteers in coordination with Watercross leadership;
iv. Assistance with identifying Food Concession Operators, if needed, with prior
coordination with Collier County staff;
v. Assistance with Public Relations and Media Outreach of event information
provided by Watercross;
vi. Assistance with obtaining discounts to local attractions and restaurants for
event participants and fans.
LEGAL MATTERS
4. INDEMNIFICATION AND DUTY TO DEFEND:
A. To the maximum extent permitted by Florida Law, Watercross 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
Watercross 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 Watercross,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 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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5. 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@prowatercross.com
All notices from Watercross to the County shall be in writing and deemed 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.Beimes@colliercountyfl.gov
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 in any profit received by, or be liable to share in the
cost incurred by Watercross arising from 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.
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 TERMINA I'h: 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 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, Watercross shall maintain complete and accurate accounting records,and 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 1'19, the Florida Public
Records Law.
13. AVAILABILITY OF FUNDS: This Sponsorship 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,
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 date written notice was received, and neither Watercress nor the County will be required to pay a
termination fee.
14. PROHIBITION 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 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 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 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. 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, UWP, LLC Pro Watercross Championship 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.
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ATTEST. , BOARD OF NTY COMM ONE S
--
CR vsTA l,KINZE.L;Clqk COLLIE NTY, FLORID
1--)\ -jajt.V.-'
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By: By:
4.,
Penny T or,Chairman
Attest as to Chainiaiirs
signature only: IJWC,LI,C
By:
A.J. Han er
iai. ., .ov-e o to form and e aliaip
lIeen M. Greene
Managing Assistant County Attorney
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