Agenda 07/11/2017 Item #16F507/11/2017
EXECUTIVE SUMMARY
Recommendation to approve a Second Amendment to Collier County’s Agreement with Pro
Watercross to host the 2017 Pro Watercross World Championships October 17 - November 5, 2017,
approve Tourist Development Tax Category “B” funding in the amount of $67,500 for local event
expenses, and make a finding that this expenditure promotes tourism.
_____________________________________________________________________________________
OBJECTIVE: Approve funding for promoting, managing, and televising the Pro Watercross World
Championships.
CONSIDERATIONS: Collier County was awarded the Pro Watercross Tour World Championships for
the years 2017-2019. The Agreement provides for three additional one year renewal terms; this is the
second recommended renewal. Staff is seeking approval to allow the County to host the 2017 Pro
Watercross World Championships. This event will take place at Sugden Regional Park in Collier County
October 17 - November 5, 2017. The 2017 event will bring in Pro Watercross riders, crews, families, and
fans from all over the world. The County’s commitment is to fund the following costs to support and
promote this event. Funding for this event is subject to a recommendation from the Tourist Development
Council and approval by the Board of County Commissioners.
Projected Expenses for 2017 Pro Watercross World Championship
ITEMS - To be Paid by Collier County Projected Cost
Sugden Park Rental Fees $ 25,000
Hotel Rooms for event staff & officials $ 9,000
EMT Support $ 12,000
Law Enforcement $ 6,000
Overnight Security for Equipment $ 5,500
Promotional Items for Athletes $ 5,000
Pro Watercross Event Film Production & Press Conference $ 5,000
Collier County Total $ 67,500
CBS Sports Network or Similar Network
production & airing of (1) hour television show that will
highlight the Watercross World Championship and
Naples, FL - placed by Advertising Agency of record $ 80,000
Total Event Support Cost $147,500
Operational costs for the 2017 event have increased by $23,000 due to additional venue usage and
increased personnel costs that are necessary to run a safe event. Direct economic impact for the 2017
event is projected to be 2.2 million dollars.
FISCAL IMPACT: Funding for this event is included in the proposed FY 18 Tourism Division budget
in Fund 184 for sports marketing and media advertising.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan from this
action.
07/11/2017
ADVISORY BOARD RECOMMENDATION: The Tourist Development Council recommended
approval of this item 9-0 at the June 26, 2017 meeting.
LEGAL CONSIDERATION: This item is approved as to form and legality and requires majority vote
for approval. - CMG
RECOMMENDATION: That the Board approves a Second Amendment to Collier County’s
Agreement with Pro Watercross to host the 2017 Pro Watercross World Championships October 17 -
November 5, 2017, approves Tourist Development Tax Category “B” funding in the amount of $67,500
for local event expenses, and makes a finding that this expenditure promotes tourism.
Prepared by: Michael Obyc, Sr. Sports Marketing Manager
ATTACHMENT(S)
1. Exhibit A-1 Contract Amendment #2 (PDF)
2. Amendment #1 (PDF)
3. Pro Watercross Executed Agreement (PDF)
07/11/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.5
Doc ID: 3456
Item Summary: Recommendation to approve a Second Amendment to Collier County’s
Agreement with Pro Watercross to host the 2017 Pro Watercross World Championships October 17 –
November 5, 2017, approve Tourist Development Tax Category “B” funding in the amount of $67,500
for local event expenses, and make a finding that this expenditure promotes tourism.
Meeting Date: 07/11/2017
Prepared by:
Title: Tourist Development Tax Coordinator – Tourism
Name: Kelly Green
06/29/2017 3:24 PM
Submitted by:
Title: Division Director - Tourism – Tourism
Name: Jack Wert
06/29/2017 3:24 PM
Approved By:
Review:
Tourism Ed Caum Deputy Director Review Completed 06/29/2017 3:56 PM
Parks & Recreation Barry Williams Additional Reviewer Completed 07/03/2017 10:42 AM
Tourism Jack Wert Director Review Completed 07/03/2017 11:25 AM
County Attorney's Office MaryJo Brock Level 2 Attorney Review Skipped 07/05/2017 2:15 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 07/05/2017 2:17 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 07/05/2017 2:48 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/05/2017 3:10 PM
County Manager's Office Tim Durham Executive Director- Corp Business Ops Completed 07/05/2017 3:20 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 07/05/2017 4:03 PM
Board of County Commissioners MaryJo Brock Meeting Pending 07/11/2017 9:00 AM
EXHIBIT A-1 Contract Amendment 92 to
"Pro Watercross Championship Agreement"
This Amendment, dated , 2017, to the referenced Agreement shall be by and
between the parties to the original Agreement, UWP, LLC/Pro Watercross Championship (to be referred
to as "Contractor") and Collier County, Florida, (to be referred to as "Host").
Statement of Understanding
RE: "Pro Watercross Championship Agreement"
In order to continue the services provided for in the original Agreement referenced above, the Contractor
agrees to amend the Contract as per Exhibit "Al -A" attached to this Amendment and incorporated herein
by reference or by the modified language below.
Section 1 — UWP SHALL PROVIDE THE FOLLOWING SERVICES FOR THE PRO
WATERCROSS WORLD CHAMPIONSHIP AT NO COST TO THE HOST
a. Provide a professionally run watercross racing event from October 27 through November 5, 2017,
or until final completion of the event; specifically designed to entertain an audience for a minimum of
five (5) to six (6) hours each day.
Section 2 — HOST SITE REQUIREMENTS FOR THE EVENT
As consideration for the rights and benefits granted herein and provided that UWP is in compliance with
the terms of this Agreement, the Host shall provide the following at no additional cost to UWP.
a. Host will allow UWP to use its personal watercrafts on the lake of Sugden Regional Park free of
char e for the purpose of tuning starting Wednesday, October 18, 2017 through Wednesday,
October 25, 2017.
b. Host guarantees the use of the event site, Sugden Regional Park, Naples, Florida, free of charge,
starting Wednesday, October 18, 2017 through Monday, November 6, 2017, or the completion of
the Event, if later.
c. Host is responsible for overseeing water traffic control through communication with local marinas,
boat patrols, and signage in appropriate locations.
d. Standby ambulance with a minimum of two EMTs for each day throughout the event. Starting
Friday, October 27, 2017 through November 5, 2017. Exact times and dates to be determined no
later than Octrober 9, 2017.
e. Provide event parking & security throughout the event period.
f. Host CVB will provide UWP with hotel accommodations equaling fifty (50) room nights throughout
the event week for the event support staff. Hotel or lodging accommodations to be determined at the
discretion of the Host.
Section 6 — Term:
This Agreement shall become effective upon execution by the Host and shall remain in effect for one (1)
year. The Agreement may be renewed for one (l) additional one (1) year term upon mutual written
agreement of the Parties and by amending the Agreement to provide for updated, future event dates. This
Agreement may be amended only by written agreement of the Parties executed with the same formalities
as herein expressed. Either Party may terminate this Agreement for convenience with a thirty (30) day
written notice to the other.
All other terms and conditions of the agreement shall remain in force.
[ 16-TDC-000951134666511 1
IN WITNESS WHEREOF, the parties have each, respectively, by an authorized person or agent, have
executed this Amendment on the date(s) indicated below.
Dwight E. Brock, Clerk
BY:
Contractor's First Witness:
By:
Signature
Print Name
Contractor's Second Witness:
By:
Signature
Print Name
Approved as to Form and Legality:
sistant County Attorney
[ 16-TDC-000951134666511 ]
2
Accepted: , 20_
OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
0
Penny Taylor, Chairman
CONTRACTOR:
UWP, LLC/Pro Watercross World Championship
Signature
Print Name and Title
�Ao
EXHIBIT A-1 Contract Amendment #1 to
"Pro Watercross Championship Agreement"
This Amendment, dated , 2016 to the referenced Agreement shall be by and
between the parties to the original Agreement, UWP, LLC/Pro Watercross Championship (to be referred
to as "Contractor") and Collier County, Florida, (to be referred to as "Host').
Statement of Understanding
RE: "Pro Watercross Championship Agreement'
In order to continue the services provided for in the original Agreement referenced above, the Contractor
agrees to amend the Contract as per Exhibit "A1 -A" attached to this Amendment and incorporated herein
by reference or by the modified language below.
Section 1 – UWP SHALL PROVIDE THE FOLLOWING SERVICES FOR THE PRO
WATERCROSS WORLD CHAMPIONSHIP AT NO COST TO THE HOST
a. Provide a professionally run watercross racing event from Septembef3`hth-,.ugh and ineludin .
So�–,241-5 September 17 `h through and including September 25 th, 2016, or until final
completion of the event; specifically designed to entertain an audience for a minimum of five (5) to six
(6) hours each day.
Section 2 – HOST SITE REQUIREMENTS FOR THE EVENT
As consideration for the rights and benefits granted herein and provided that UWP is in compliance with
the terms of this Agreement, the Host shall provide the following at no additional cost to UWP.
a. Host will allow UWP to use its personal watercrafts on the lake of Sugden Regional Park free of
charge for the purpose of tuning starting Saturday, September 10, 2016
through September- 14, 2015 Thursday, September 15, 2016.
b. Host guarantees the use of the event site, Sugden Regional Park, Naples, Florida, free of charge,
starting Sa*fday, September 122 Friday, September 16, 2016 through ,
201 -5 -Monday, September 26, 2016 or the completion of the Event, if later.
c. Host is responsible for overseeing water traffic control through communication with local marinas,
boat patrols, and signage in appropriate locations.
d. Standby ambulance with a minimum of two EMTs for each day throughout the event. Starting
Meaday, September -l; 2015 Friday, September 16, 2016 – Sm}duyfieptembefz��� Sunday,
September 25, 2016: times to be determined.
e. Provide prevent parking & security for event from September 16 through September 26,
2016.
f.
Host has the option to place out of
market advertising and event promotion in print and other sources and must be pre -approved by
UWP, LLC before commitment is made.
g. Provide UWP with marketing material in order to help promote your community to competitors and
fans.
h. Endeavor to provide UWP with ten (10) volunteers each day throughout the event week. Times to be
determined.
i. Provide UWP with hotel accommodations equaling fifty (50) room nights starting Mead};
Septeffibef 21, 2015 Swiday, Septeflibef 27, 204-5 Thursday_ September 22, 2016 – Sunday,
September 25, 2016 ort:, vide ,unable !edging.,.,.,.. medatiens fe- fifteen (1 5) U3IID staff nem the
raee site. Hotel or lodging accommodations to be determined at the discretion of the Host.
Section 6 — Term:
This Agreement shall become effective upon execution by the Host and shall remain in effect for one (1)
year. The Agreement may be renewed for three (3) additional one (1) year terms upon mutual written
agreement of the Parties and by amending the Agreement to provide for updated, future event dates. This
Agreement may be amended only by written agreement of the Parties executed with the same formalities
as herein expressed. Either Party may terminate this Agreement for convenience with a thirty (30) day
written notice to the other.
Note: Language deleted has been strnek thfeugh. New language has been underlined.
All other terms and conditions of the agreement shall remain in force.
IN WITNESS WHEREOF, the parties have each, respectively, by an authorized person or agent, have
executed this Amendment on the date(s) indicated below.
Dwight E. Brock, Clerk
BY:
Contractor's First Witness:
By:
Signature
Print Name
Contractor's Second Witness:
By:
Signature
Print Name
Approved as to Form and Legality:
Assistant County Attorney
2
Accepted: 520
OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Donna Fiala, Chairman
CONTRACTOR:
UWP, LLC/Pro Watercross World Championship
Signature
Print Name and Title
AGREEMENT
This Agreement is between the Board of County Commissioners, Collier County Florida, ("Host") c/o
Naples, Marco Island, Everglades Convention and Visitors Bureau having a mailing address of 2660
Horseshoe Drive #105 Naples, FL 34104 and UWP, LLC/Pro Watercross World Championship ("UWP"), having
a mailing address of 1937 Fairport Nine Mile Point Road, Penfield, NY, 14526.
Whereas, UWP is in the business of staging professional watercross events and is desirous of
conducting and promoting the 2015 Pro Watercross World Championship ("World Championship Event"),
with the local event dates of September 19-27, 2015; and
Whereas, the parties desire to enter into an agreement detailing their responsibilities in relation to the
event; and
Whereas, the proposed event to be conducted by UWP is in the public interest, the Parties agree as
follows:
Section 1 — UWP SHALL PROVIDE THE FOLLOWING SERVICES FOR THE PRO WATERCROSS WORLD
CHAMPIONSHIP AT NO COST TO THE HOST
a. Provide a professionally run watercross racing event from September 19th through and including
September 27th, 2015, or until final completion of the event; specifically designed to entertain an audience
for a minimum of five (5) to six (6) hours each day.
b. Provide all necessary equipment for the race including, but not limited to, computer(s), printer(s),
buoys, a public address system, flags, stop watches, tents, tables, chairs, air compressor(s), pit passes, rope,
supplies, etc.
C. Provide qualified officials to run the event from the pit area to the race course from the
commencement date of the on-site set-up through the end date of the racing event.
d. Pay the expenses of all personnel specifically engaged by UWP to work in connection with the Pro
Watercross Tour.
e. Brief, supervise, and instruct all volunteers working in connection with the Pro Watercross World
Championship. UWP will design, purchase, and distribute to each volunteer an 'official" t -shirt with the
eventemblem.
f. Provide safety patrol boats for officials' use and pre -race promotions.
g. Provide all scaffolding and stage equipment.
h. Prepare all the necessary insurance and official paperwork. Provide copies of all insurance to the Host
in advance of the World Championship Event.
UWP, LLC www-NoWatercrass.cofr, Page i of 5
fns
Provide rules and regulations for the World Championship Event, solicit and acquire all entries for the
World Championship Event.
Enforce adherence to safety and insurance requirements.
k. Provide press releases and photos for local and national media. Design, arrange, print, and distribute
the official schedule of events for the Pro Watercross Tour.
I. Any sponsors to be added as signage for the event must be provide in a "vector" format or as a jpg
image at 300 dpi by March 1, 2015.
m. Estimated room nights generated from the event would be a minimum of 1500 room nights.
Section 2 — HOST SITE REQUIREMENTS FOR THE EVENT
As consideration for the rights and benefits granted herein and provided that UWP is in compliance with the
terms of this Agreement, the Host shall provide the following at no additional cost to UWP:
a. Host will allow UWP to use its personal watercrafts on the lake of Sugdon Regional Park for the purpose
of tuning starting Tuesday, September 8, 2015 through September 18, 2015.
b. Host guarantees the use of the event site, Sugden Regional Park, Naples, Florida, free of charge, starting
Saturday, September, 12, 2015 through Tuesday September 29, 2015 or the completion of the Event, if
later.
c. Host is responsible for overseeing water traffic control through communication with local marinas, boat
patrols, and signage in appropriate locations.
d. Standby Ambulance with a minimum of two EMTs for each day throughout the event. Starting Monday,
September 21, 2015 - Sunday, September 27, 2015: times to be determined.
e. Provide participants/event parking & security.
f. Advertising promotion – local advertising through digital and other sources (if available), which must be
pre -approved by UWP before a commitment is made.
g. Provide UWP with marketing material in order to help promote your community better to competitors
and fans.
h. Endeavor to provide UWP with ten (10) volunteers each day throughout the event week. Times to be
determined.
i. Provide UWP with hotel accommodations equaling fifty (50) room nights starting Monday, September
21, 2015 - Sunday, September 27, 2015 or provide suitable lodging accommodations for fifteen (15) UWP
staff near the race site. Hotel or lodging accommodations to be determined at the discretion of the
Host.
UWP, LLC wwwj' o_Watercross.com Page 2 of 5
Section 3 — SPONSORSHIP/PROMOTIONS
a. The Host will be entitled to all promotional, sponsorship, and merchandising dollars it raises pertaining
to the World Championship Event. UWP is entitled to all series promotional, sponsorship, and
merchandising dollars it raises.
b. UWP agrees to honor all event sponsorship commitments regarding signage, booth space, etc., that
the Host site makes pertaining to the watercross race, while the Host site agrees to honor all commitments
regarding booth space, signage, etc., made by UWP. The Parties mutually agree to address all such issues at
least 30 days prior to the commencement of the World Championship Event.
C. The rights to the sale of soft goods merchandise pertaining specifically to Pro Watercross are retained
by UWP, and UWP reserves the right to have a series' soft goods area at theevent.
d. The Host's insurance requirements are included in Exhibit "A," attached. A copy of UWP's insurance
coverage shall be provided policy to the Host upon execution of this agreement. The Collier County Board
of County Commissioners shall be named as an additional insured on said policy. Upon request, the Host
can name up to three additional insureds.
Section 4 — INDEMNIFICATION
a. To the maximum extent permitted by Florida law, UWP shall indemnify and hold harmless Collier
County, its 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 UWP or anyone employed or utilized by UWP 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 Collier County.
Section 5 — MAINTENANCE OF RECORDS
In accordance with Florida Statutes, section 119.0701, UWP shall:
(a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in
order to perform the service.
(b) Provide the public with access to public records on the same terms and conditions that the public agency
would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise
provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public
records in possession of the contractor upon termination of the contract and destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements. All records stored
electronically must be provided to the public agency in a format that is compatible with the information technology
systems of the public agency."
UWP, LLC Page 3 of 5
Section 6 — TERM/END RESULT
This Agreement shall become effective upon execution by the Host and shall remain in effect for one (1)
year. The Agreement may be renewed for three (3) additional one (1) year terms upon mutual written
agreement of the Parties and by amending the Agreement to provide for updated, future event dates. This
Agreement may be amended only by written agreement of the Parties executed with the same formalities
as herein expressed. Either Party may terminate this Agreement for convenience with a thirty (30) day
written notice to the other.
(SlpnaWre page to)Wlow)
UWP, LLC www.ProWatercross.corn Page 4 of 5
IN WITNESS WHEREOF, the UWP and the County, have each, respectively, by an authorized person or agent,
hereunder set their hands and seals on the date and year first below written.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
Dwight E.rproc ,Clerk of Ciu - _
0 Tim Nance, Chairman
Dated: _ = k.� Dated: 3�2AAk
(Seal)
UWP, LLC/Pro Watercross World Championship
i !! gy.
FirstWitne ignature
Type/Print Witness Name Typed Signature
Second Witness Title
Type/Print Witness Name
A pr ed as to and gaiity:
� R. Teach
Deputy County Attorney
UWP, LLC 'A �v_I=ra;1ti t cro cars Page S of 5
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