Agenda 10/25/2016 Item #16F 2 16.F.2
10/25/2016
EXECUTIVE SUMMARY
Recommendation to approve Amendment # 1 to Tourism Category "B" Contract # 16-7008
between Collier County and Spirit Promotions for reimbursement of the operating expenses for the
2017 US Open Pickleball Championships in the amount of$60,000 and make a finding that these
expenditure promotes tourism.
OBJECTIVE: To approve Contract Amendment # 1 to correct line item amounts in the projected
operating expenses for reimbursement for the 2017 US Open Pickleball Championship event.
CONSIDERATIONS: The US Open Pickleball Championships will take place in Collier County at East
Naples Community Park from April 23 - 30, 2017. This will be year two of a multi-year contractual
commitment with Collier County to bring the US Open Championships to our community.The multi-year
hosting commitment is a separate agreement with Spirit Promotions,Inc.,the event organizer.
This contract will cover the following event operating expenses that Spirit Promotions will incur in
support of the 2017 US Open Pickleball Championships. Each year the event is hosted in Collier County
the operating expenses will be negotiated. This amendment does not change the original dollar amount of
the contract. This amendment does eliminate the cost of portable bleacher rental and offsite parking
rental, and it adds in their place the cost of EMT's and Professional Trainers for the event participants and
increases costs for Portable Generators/Flooring and Promotional Items. The chart below outlines the
revised event expenses covered in this amendment.
Type of Expense Projected Cost
Trailer Restrooms Rental $8,000
Portable Showers $10,000
Portable Generators/Flooring $10,000
Misting Tents $5,000
Traffic Control Officers $5,000
Promotional Items $12,000
Emergency Medical Techs(EMT) $5,000
Certified Athletic&Personal Trainers $5,000
TOTAL PROJECTED EXPENSES $60,000
The US Open Pickleball Championship organizers anticipate in excess of 1,000 participants with an
additional 10,000 spectators over the course of the 2017 six day event,resulting in direct visitor spending
of approximately$1.25 million dollars to Collier County.
FISCAL IMPACT: Funds in the amount of$60,000 are available in the BCC approved FY 17 Tourism
Division budget in Promotion Fund 184 for these event operating expenses.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to
this action.
ADVISORY BOARD RECOMMENDATION: The Tourist Development Council recommended
unanimous approval of the original contract 8-0 at the August 22, 2016 meeting.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires
Packet Pg. 1778
16.F.2
10/25/2016
majority vote for approval. -CMG
RECOMMENDATION: Recommendation to approve Amendment # 1 to Tourism Category "B"
funding for Contract # 16-7008 between Collier County and Spirit Promotions for reimbursing the
operating expenses for the 2017 US Open Pickleball Championships in the amount of$60,000 and make
a finding that these expenditure promotes tourism.
Prepared by: Jack Wert,Tourism Division Director
ATTACHMENT(S)
1.Pickleball Operating Expenses Agreement 16-7008 (PDF)
2. Stamped and initialed Amendment 1 (PDF)
Packet Pg. 1779
16.F.2
10/25/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.2
Item Summary: ***This item continued from the October 11, 2016 BCC Meeting.***
Recommendation to approve Amendment # 1 to Tourism Category "B" Contract # 16-7008 between
Collier County and Spirit Promotions for reimbursement of the operating expenses for the 2017 US Open
Pickleball Championships in the amount of$60,000 and make a finding that these expenditure promotes
tourism.
Meeting Date: 10/25/2016
Prepared by:
Title:Tourist Development Tax Coordinator—Tourism
Name: Kelly Green
10/13/2016 12:39 PM
Submitted by:
Title: Division Director-Tourism—Tourism
Name: Jack Wert
10/13/2016 12:39 PM
Approved By:
Review:
Tourism Jack Wert Additional Reviewer Completed 10/13/2016 12:56 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 10/14/2016 9:16 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/14/2016 9:28 AM
County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 10/14/2016 10:03 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 10/14/2016 12:29 PM
County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 10/14/2016 12:48 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/25/2016 9:00 AM
Packet Pg. 1780
16.F.2.a
2017 U.S. OPEN Pickleball Championships
Event Operational Expenses Agreement#16-7008
Overview:
US OPEN Pickleball Championships ("US OPEN") has chosen Collier County to host the 2017 0-3
through 2021 US OPEN Pickleball Championships at the East Naples Community Park in Collier
County, Florida.
a)
This Agreement between Board of County Commissioners, Collier County Florida ("Host" or
"Collier County") on behalf of the Naples, Marco Island, Everglades Convention and Visitors
0
Bureau (CVB) having a mailing address of 2660 N. Horseshoe Drive#105, Naples, FL, 34104 and
Tt
Spirit Promotions ("Vendor" or "US OPEN") having a mailing address of 1325 Glengary Court,
Ga
Wheeling, IL 60090.
()
1. US OPEN Agrees to Provide: a
• All appropriate event administration staff; N
• 7 year commitment to bring the US OPEN PICKLEBALL CHAMPIONSHIPS to Collier o
County, Florida; ti
• Required liquor licenses to allow US OPEN the ability to sell alcohol beverages at the
event.
2. Collier County Agrees to Provide:
East Naples Community Park Pickleball courts and other park amenities as reasonably
necessary for the event through prior arrangement with Collier County Parks and Recreation w
and Tourism Divisions at a cost not to exceed $10,000 to be paid by Collier County and provide
additional US OPEN event needs including but not limited to the following:
CD
0
• Year round promotion on Collier County Convention and Visitors Bureau sports marketing
website, Facebook, and Twitter channels;
• Assistance with hotel logistics including gathering of rates and banquet needs;
• Assistance with local volunteers in coordination with US OPEN leadership;
• Concessions Operations if needed by prior arrangement with Collier County staff;
• Assistance with Public Relations and Media Outreach;
• Discounts to local attractions and restaurants;
• Administrative assistance with obtaining necessary permits including liquor license;
• On site visitor information table to assist with local attractions and suggestions for out of
town visitors;
Page 1 of 6
6-4))
Packet Pg. 1781
16.F.2.a
3. Expenses:
The following expenses will be paid to the supplying vendors by US OPEN and then invoiced at
actual cost with no mark-up to Collier County for reimbursement accompanied by all receipts,
vendor invoices and payment verification information. US OPEN will be reimbursed by Collier
County upon receipt of a proper invoice and upon approval by the County's Project Manager
and/or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the
"Local Government Prompt Payment Act." The annual expenses are listed in Exhibit A, attached ti
hereto.
c
4. General Terms:
4.1 Term: Both parties agree that the term of this Agreement will commence upon approval of
the Board of County Commission, and shall remain in effect through September 30, 2017. The
parties may renew this Agreement each year through September 30, 2021, contingent upon the
parties negotiating each year the operating expenses in Exhibit A. Collier County shall give the
US Open written notice of the Collier County's intention to renew the Agreement term prior to the
end of the Agreement term then in effect. This Agreement shall not contain automatic renewals.
This Agreement may be amended only by written agreement of both parties with the same
formalities as herein expressed. It is further understood and agreed by and between the
parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
E
4.2 Termination: Either party may terminate the Agreement for cause at any time upon
thirty (30) days written notice to the other party for that party's failure to cure a material
breach hereunder within fourteen (14) days of receiving written notice of such breach. Material
breach by US OPEN includes, but is not limited to, US Open's failure to carry out the terms in
this agreement.
Either party may terminate the Agreement for convenience with a sixty (60) day written
notice. The removal of any Equipment belonging or leased/rented to the US OPEN will be
the sole responsibility of US OPEN and shall occur prior to the expiration of sixty (60)
days after notice is rendered.
E.
4.3 Insurance: US OPEN shall at all times during the Agreement maintain insurance
coverage at amounts that are commercially reasonable, including at least Comprehensive
coco
General Liability at $1,000,000. Collier County and its affiliates shall be named as an
additional insured on all such policies of insurance and Company shall provide proof of
insurance upon at least 7 days prior to the start of the US Open event or at Collier County's
request.
Page2of6
Packet Pg. 1782
16.F.2.a
4.4 Tax exemption: Collier County, Florida as a political subdivision of the State of Florida, is
exempt from the payment of Florida sales tax to its Contractors/Consultants/Vendors under
Chapter 212, Florida Statutes, Certificate of Exemption#85-8015966531 C-1.
4.5 Indemnification:
h
A. To the maximum extent permitted by Florida Law, Vendor shall indemnify and hold
harmless the Host, its officers and employees from any and all liabilities, damages, losses, a)
and costs, including, but not limited to, reasonable attorneys' fee and paralegals' fee to the Q
extent caused by the negligence, recklessness, or intentionally wrongful conduct of Vendor in °
the performance of this Agreement. This indemnification obligation shall not be construed to e
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 Host. The foregoing indemnification shall
not constitute a waiver of sovereign immunity beyond limits set forth in section 768.28,
Florida Statutes.
0
0
r-
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 the Vendor,
Host and 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 Vendor. Vendor's
obligation to indemnify and defend under this Section will survive the expiration or earlier
termination of this Agreement until it is determined by final judgment that an action against
w
the Host or an indemnified party for the matter indemnified hereunder is fully and finally barred
by the applicable statute of limitations.
a)
4. 6 Compliance with Laws. By executing and entering into this Agreement, the Contractor
is formally acknowledging without exception or stipulation that it agrees to comply, at its own
expense with all federal, state and local laws, codes statutes, ordinances, rules, regulations and 0
requirements applicable to this Agreement, including but not limited to those dealing with the
Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations
relating thereto, as either may be amended; taxation, workers' compensation, equal employment
and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and
the Florida Public Records Law Chapter 119, including specifically those contractual
requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows:
Page 3 of 6 (-1
n
Packet Pg. 1783
16.F.2.a
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or copied within a
a reasonable time at a cost that does not exceed the cost provided in this chapter or as
otherwise provided by law. Q
3. Ensure that public records that are exempt or confidential and exempt from public records �n
rn
disclosure requirements are not disclosed except as authorized by law for the duration of the (71
contract term and following completion of the contract if the Contractor does not transfer the o
0
records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required by the
public agency to perform the service. If the Contractor transfers all public records to the public Q
agency upon completion of the contract, the Contractor shall destroy any duplicate public records
N
that are exempt or confidential and exempt from public records disclosure requirements. If theCD
Contractor keeps and maintains public records upon completion of the contract, the Contractor w
shall meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public agency's g
custodian of public records, in a format that is compatible with the information technology
systems of the public agency. 0
L3.
4.8 Entire Agreement: This Agreement sets out the entire agreement between Collier
County and US OPEN 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 4
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.
Page 4 of 6
Packet Pg. 1784
16.F.2.a
IN WITNESS HEREOF, the parties execute this Agreement as of the date first written above.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
Dwight E. Brock, Clerk of Courts
ca00
By: By:
Dated: Donna Fiala, Chairman
a,
E
a)
ar
Soirit Promotions
Vendor o
First Witness:
By:
By: Signature E
Print Name and Title
Print Name and Title
T
Second Witness:
co
By:
c
Print Name and Title c)
as
Approved as to Form and Legality:
a:
X
Colleen M. Greene
Assistant County Attorney
0
ra
as
w-.
Page 5 of 6
Packet Pg. 1785
16.F.2.a
EXHIBIT A
Type of Expense Projected Cost For 2017'
. �
Trailer Restrooms Rental $8,000
Portable Showers $10,000
Portable Generators/Flooring $2,000
Misting Tents $5,000
Traffic Control Officers $5,000
Portable Bleacher Rental $10,000
Participant Promotional Items $10,000 E
Offsite Parking Rental $5,000
E
TOTAL PROJECTED EXPENSES $60,000
Co
0
0
ti
EC)E
C)
a)
N
N
U,
QS
W
cn
f6
i
8
O
4)
U_
0
C
'W
U
(s
Page 6 of 6
Packet Pg. 1786
16.F.2.b
EXHIBIT A Contract Amendment# 1
2017 U.S.Open Pickleball Championships
Event Operational Expenses Agreement#16-7008
This amendment, dated this day of October, 2016 to the referenced agreement shall be by and
between the parties to the original Agreement, Collier County, Florida, ("Host" or"Collier County") and
Spirit Promotions("Vendor"or"US Open").
Statement of Understanding
as
Re: "2017 U.S. Open Pickleball Championships Event Operational Expenses Agreement#16-7008" o
WHEREAS, the Board of County Commissioners with a recommendation from the Tourist »�
Development Council approved the Contract with Spirit Promotions for Operational Expenses for the CD
2017 U.S. Pickleball Championships on September 13, 2016; and (3)
6"
WHEREAS, Spirit Promotions has requested an amendment to reflect changes to Exhibit"A"for
Projected Expenses; and
Tt
WHEREAS, Amendment #1 does not change the original amount of the contract for$60,000; it 1:1)
is a reallocation of the$60,000; and
v
(1)
WHEREAS, the Agreement is further amended to clarify the term for the Pickleball
Championship commitment from 7 years to 6 years as agreed to by the Parties.
NOW, THEREFORE, based upon the mutual covenants and premises provided herein and other
valuable consideration, the Parties agree to amend the 2017 U.S. Open Pickleball Championships Event
Operational Expenses Agreement#16-7008.
E
In order to continue the services provided for in the original Contract document referenced
above,the Parties agree to amend the above referenced Contract as provided herein:
Words underlined have been added. Words stru :ough have been deleted.
Section#1, provides:
ca
- 6 7 year commitment to bring the US OPEN PICKLEBALL CHAMPIONSHIPS to Collier County,
Florida; Q
Exhibit A is deleted in its entirety and replaced with the following table of expenses:
E
U
f6
[Table to follow on next page.]
C40
Packet Pg. 1787
1 6.F.2.b
Type of Expense Projected Cost
Trailer Restrooms Rental $8,000
Portable Showers $10,000
Portable Generators/Flooring $10,000
Misting Tents $5,000
Traffic Control Officers $5,000
Emergency Medical Techs(EMT) $5,000
Certified Athletic&Personal Trainers $5,000
Promotional Items $12,000
CT)
TOTAL PROJECTED EXPENSES $60,000
0
All other terms and conditions of the agreement shall remain in force.
a)
[Signature page to follow on next page.]
a)
C:1
N
r
Y
a)
E
C
a)
E
a)
R)
C
C
CC
a)
G2
E
ti
''Ynn
Y/
Y
C
a)
F
U
[16-TDC-00099/1291298/1] EXHIBIT A Contract Amendment#1
2017 U.S.Open Pickleball Championships
Event Operational Expenses Agreement#16-7008 0
Packet Pg. 1788
16.F.2.b
IN WITNESS WHEREOF,the Contractor 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: , 2016
VENDOR:
(1)WITNESS:
SPIRIT PROMOTIONS
0
Signature t;
co
Terri Graham
as
Print name
au
a)
(2) WITNESS:
Signature
a)
E
a)
Print name
ATTEST: OWNER:
DWIGHT BROCK,Clerk
BOARD OF COUNTY
COMMISSIONERS c
OF COLLIER COUNTY,FLORIDA E
By: By
DONNA FIALA, Chairman
w
Approved as to form and legality:
olleen M. Greene a'
Assistant County Attorney
to
au
[16-TDC-00099/1291298/1[ EXHIBIT A Contract Amendment#1
2017 U.S.Open Pickleball Championships
Event Operational Expenses Agreement#16-7008
(40
Packet Pg. 1789