Agenda 04/14/2015 Item #16F4 4/14/2015 16.F.4.
EXECUTIVE SUMMARY
Recommendation to approve Tourist Development Tax Category "B" funding to
support the US OPEN Pickleball Championships up to $10,000, authorize the
Chairman to execute the agreement and make a finding that this expenditure
promotes tourism.
OBJECTIVE: Approve funding for managing and promoting the US OPEN Pickleball
Championships in Collier County.
CONSIDERATIONS: Collier County was recently awarded a three year commitment to
hold the 2016-18 US OPEN Pickleball Championships in our community. The 2016
event will take place at East Naples Community Park during April and /May. This is a
week-long event that is projected to attract 1,000 participants and 10,000 spectators.
The Tourism Department Sports Marketing team has attracted this prestigious event to
our community, and our obligation is to fund the following costs to support and promote
the US OPEN Pickleball Championships in 2016.
Expenses to be paid by Collier County Projected Cost,
Park Facility Rentals $2,500.00
Trainer and EMT Support $5,000.00
Team Promotional Items $2,500.00
Collier County Total Event Support Expenses $10,000.00
The estimated economic impact from this event is $500,000 in direct participant and
visitor spending in our community, and 500 projected hotel room nights. The event will
be nationally televised on the Tennis Channel. We will receive one 30 second TV spot
during each broadcast during the week of the tournament, plus additional promotional
mentions prior to and during the entire week-long event.
FISCAL IMPACT: Funding for this event will be included in the requested FY 16
tourism department budget in Fund 184 for sports marketing event support.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management
Plan from this action.
ADVISORY BOARD RECOMMENDATION: The Tourist Development Council reviewed
this item at their March 23, 2015 meeting and unanimously recommended approval 6-0.
LEGAL CONSIDERATION: This item has been approved as to form and legality and
requires majority vote for approval. — CMG
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RECOMMENDATION: Recommend approval of Tourist Development Tax Category "B"
funding to support the US OPEN Pickleball Championships up to $10,000, authorize the
Chairman to execute the agreement and make a finding that this expenditure promotes
tourism.
PREPARED BY: Rob Wells, Sr. Sports Marketing Manager
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.F.16.F.4.
Item Summary: Recommendation to approve Tourist Development Tax Category "B"
funding to support the US OPEN Pickleball Championships up to $10,000, authorize the
Chairman to execute the agreement and make a finding that this expenditure promotes
tourism.
Meeting Date: 4/14/2015
Prepared By
Name: GreenKelly
Title: Tourist Development Tax Coordinator,Tourism Division
3/31/2015 2:30:42 PM
Submitted by
Title: Division Director-Tourism,Tourism Division
Name: WertJack
3/31/2015 2:30:43 PM
Approved By
Name: BrilhartBrenda
Title:Procurement Specialist,Purchasing&General Services
Date: 3/31/2015 2:50:23 PM
Name: JohnsonScott
Title:Manager-Procurement,Purchasing&General Services
Date: 3/31/2015 3:00:08 PM
Name: WertJack
Title: Division Director-Tourism,Tourism Division
Date: 3/31/2015 5:33:35 PM
Name: MarkiewiczJoanne
Title: Division Director-Purchasing&Gen Svc,Purchasing&General Services
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Date: 4/1/2015 8:06:06 AM
Name: HerreraSandra
Title:Manager-Procurement,Purchasing&General Services
Date: 4/2/2015 11:56:23 AM
Name: GreeneColleen
Title:Assistant County Attorney, CAO General Services
Date: 4/7/2015 9:06:44 AM
Name: KlatzkowJeff
Title: County Attorney,
Date:4/7/2015 9:13:41 AM
Name: FinnEd
Title:Management/Budget Analyst, Senior,Transportation Engineering&Construction Management
Date: 4/7/2015 9:22:15 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 4/7/2015 1:51:33 PM
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�� US OPEN
RICKLIMAAILL
$015 L`1-If.M?1_IP!'SH1.9
Naples, Marco Island, Everglades Convention & Visitors Bureau &
U.S. OPEN Pickleball Championships
Hosting Agreement
#15-6439
Overview:
US OPEN Pickleball Championships ("US OPEN") desires to have Collier County host the
2016, 2017 and 2018 US OPEN Pickleball Championships at its facilities in Collier County,
Florida. By hosting the largest and most prestigious pickleball tournament in the world,
Collier County will immediately be internationally recognized as a "best in class" county for
the sport of pickleball.
This Agreement between Board of County Commissioners, Collier County Florida ("Host" or
"Collier County") do Naples, Marco Island, Everglades Convention and Visitors Bureau as
having a mailing address of 2660 N. Horseshoe Drive #105, Naples, FL, 34101 and Spirit
Promotions ("Vendor" or "US OPEN") having a mailing address of 1325 Glengary Court,
Wheeling, IL 60090.
1. US OPEN Agrees to Provide:
• All appropriate event administration staff;
• 3 year commitment to bring the US OPEN PICKLEBALL CHAMPIONSHIPS to
Collier County, Florida;
• Required liquor licenses to allow US OPEN the ability to sell alcohol beverages at
the event.
2. Collier County Agrees to Provide:
• Rent-free venues including East Naples Community Park and other space as
reasonably necessary through prior arrangement with Collier County Convention and
Visitors Bureau staff, and additional event needs Including but not limited to the
following items:
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4/14/2015 16.F.4.
• Use of the athletic courts for event purposes;
• Collier County Parks and Recreation staffing;
• Lighting as necessary to operate the event;
• Adequate event parking;
• Funding for a certified Athletic Trainers, Certified Massage Therapists, and Certified
Personal Trainers not to exceed $5,000.00. Funding will be paid directly to Vendor,
upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats.,
otherwise known as the "Local Government Prompt Payment Act";
• Funding for police/EMT support not to exceed $5,000.00. Funding will be paid directly
to Vendor, upon receipt of a proper invoice and in compliance with Chapter 218, Fla.
Stats., otherwise known as the "Local Government Prompt Payment Act";
• Year round promotion on Collier County Convention and Visitors Bureau's sports
marketing website, Facebook, and Twitter;
• Collier County Convention and Visitors Bureau will assist 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;
• Three (3) Year commitment to host event;
• Administrative assistance with obtaining necessary permits including liquor license;
• On site booth to assist with local attractions and suggestions for out of town visitors.
3. General Terms:
3.1 Term: Both parties agree that the term of this Agreement will commence upon signature
of the Chair, and shall remain in effect through May 1, 2018. 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.
3.2 Termination: Either party may terminate the Agreement for cause at any time upon
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4/14/2015 16.F.4.
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 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.
3.3 Insurance: US OPEN shall at all times during the Agreement maintain insurance
coverage at amounts that are commercially reasonable, including at least Comprehensive
General Liability at $1,000,000. Worker's Compensation Liability at statutory limits,
Automotive Liability at $1,000,000 and for any/all events conducted by Vendor in Collier
County. 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 Collier County
request.
3.4 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/ConsultantsNendors under
Chapter 212, Florida Statutes, Certificate of Exemption#85-8015966531C-1.
3.5 Indemnification:
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, 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 Vendor 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 Host. The foregoing indemnification shall not constitute a waiver of
sovereign immunity beyond limits set forth in section 768.28, Florida Statutes.
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B. The duty to defend under this Section is independent and separate from the
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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 the Host or an indemnified party for the matter indemnified
hereunder is fully and finally barred by the applicable statute of limitations.
3.6 Compliance with Laws: By executing and entering into this agreement, the Vendor 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 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)-(d) and (3))) stated as follows:
(2) In addition to other contract requirements provided by law, each public agency contract for
services must include a provision that requires the Vendor to comply with public records laws,
specifically to:
(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 Vendor 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.
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(3) If a contractor does not comply with a public records request, the public agency shall
enforce the contract provisions in accordance with the contract.
If a Vendor does not comply with a public records request, the public agency shall enforce the
contract provisions in accordance with the contract.
If Vendor observes that the Agreement Documents are at variance therewith, it shall promptly
notify the County in writing. Failure by the Vendor to comply with the laws referenced herein shall
constitute a breach of this agreement and the County shall have the discretion to unilaterally
terminate this agreement immediately.
3.7 Prompt Payment Act: Payment will be made 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 Ad'.
4. Event Quality and Experience Standards US OPEN agrees to deliver:
• Open draw for both men and women will be offered;
• A minimum of $20,000 will be offered as prize money. Equal prize money will be
offered to the men's and women's draws;
• Stadium court to showcase the event to all spectators and participants;
• The US OPEN must maintain all current event standards (e.g. music, parties, bands,
favors, media coverage, hospitality suites);
• Staff clearly identifiable and distinguished from Collier County Convention and Visitors
Bureau staff;
• Staff to manage all aspects of the tournament;
• A well organized amateur event (games scheduled properly, on time, professional
media and communication;
• A tournament and vendor village dean of garbage, towels and debris by the US OPEN
staff at all times;
• Trash receptors will be emptied by US OPEN staff;
• US OPEN must deliver all terms agreed upon to their sponsor and partners at all times.
5. Vendor Village Commitments by US OPEN:
• All tables will be draped with a table cloth that touches the ground;
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• No wires will be visible or will be taped for security and safety;
• Products will be displayed in a tasteful manner (display units, signage, etc) and in
accordance to County standards, rules, and regulations;
• No other county will be promoted.
6. 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 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.
(signature page to follow)
AC)
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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
By: By:
Tim Nance, Chairman
Dated:
(SEAL)
Spirit Promotions
Vendor
By:
First Witness Signature
Type/print witness name Type/print signature and title
Second Witness
.--' Type/print witness name
proved as to Form and Legality:
)
olleen M. Greene
Assistant County Attorney
CA
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