Agenda 04/12/2016 Item #16F 5 4/12/2016 16.F.5.
EXECUTIVE SUMMARY
Recommendation to approve the 2016 Football University (FBU) event expenses using Category
"B" Tourist Development Tax Funds with a local support budget of $86,000, authorize the
Chairman to execute the attached contract with All American Games, and make a finding that this
expenditure promotes tourism.
OBJECTIVE: Approve local event expenses to bring the Football University (FBU) event back to
Collier County for 2016&2017.
CONSIDERATIONS: The FBU event has been hosted in Collier County for two years. This is a
national championship football event showcasing the best sixth, seventh and eighth grade football teams
and stars from around the nation. The event has been televised (locally/nationally) for the past two years
and has brought great exposure to our community. The event takes place in December, prior to the busy
Christmas to New Year's holiday period.
Based on the success of the past two years, the organizers of the FBU event, All American Games
(AAG), desire to return to Collier County for their 2016 and 2017 event. AAG plans to double the size of
the event from 12 teams to 24 teams. This growth would bring added visitor spending to our community
during a slower part of the year. Here is a breakdown of the impact of the proposed 2016 and 2017 events,
compared to the 2015 event.
2016 and 2017 Event Projections (in comparison to 2015)
Teams 24 (from 12)
Visitors 4,250 (from 2,125)
Location of teams Up to 24 different states represented(from 8)
Length of Stay 6 Days(from 5 days)
Direct Spending $3,060,000.00 (from $1,530,000)
Economic Impact $4,590,000.00 (from 2,295,000)
Room Nights 4,500 (from 2,250)
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Proposed FBU National Championship Expenses 2016
Expenses to be Paid By Collier County Vendor Projected Cost
Stadium Rental Fees and Event Staffing (site $25,985.00 -To Collier County Public Schools and
managers, custodians,event clean up etc.) City of Naples for Fleishman Park as facilities to
meet the needs of the FBU event per FBU contract
attached.
Team Transportation to and from stadiums by local $20,000.00 — As our portion of the total
transportation company transportation cost as outlined in FBU agreement.
Game Officials and Athletic Trainers $15,300.00 — To All American Games, Inc. per
contract attached for game officials and trainers for
this event.Trainers are independent contractors.
Hospitality accommodations for FBU staff and $10,600.00 — To host hotel for event staff as
event workers. chosen by FBU. All hospitality accommodations
will be secured from local vendors following the
Board's Procurement Ordinance.
Trophies for winning teams $600.00 —Will obtain quotes per the Board's
Procurement Ordinance from local trophy
companies and County approved vendors
Player and parent welcome reception $10,200.00 — Will obtain quotes per the Board's
Procurement Ordinance from local and County
approved vendors for specialty items
Law Enforcement for security during games $3,315 — To City of Naples Police and Collier
County Sheriff for security per FBU contract
attached.
Total to be Paid to Local Vendors by Collier County $86,000.00
The FBU staff has indicated that with the expansion of teams, they will need two additional fields to
adequately stage the event. With the number of teams doubling and the length of stay increasing, the
number of potential room nights could also double. The funding for media coverage of the FBU event
will be included in our advertising agency of record approved media budget for FY 17 in the amount of
$170,000. Increases in field fees, transportation, and other event support expenses would total
approximately but will not exceed$86,000 from$60,270. Procurement of services will be in compliance
with Collier County's Purchasing Ordinance and Policies.
FISCAL IMPACT: Funding for support for the FBU event will be budgeted in the Tourism Division
FY 17 budget in Fund 184 in the amount of$86,000 in Sports Marketing Event Support.
GROWTH MANAGEMENT IMPACT: There are no Growth Management impacts associated with
this Executive Summary.
ADVISORY BOARD RECOMMENDATION: The Tourist Development Council recommended
approval of this item 8-0 at the March 28,2016 meeting.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires
majority vote for approval.—CMG
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RECOMMENDATION: That the Board approves the 2016 Football University (FBU) event expenses
using Category `B" Tourist Development Tax Funds with a local support budget of$86,000, authorize
the Chairman to execute the attached contract with All American Games, and make a finding that this
expenditure promotes tourism.
Prepared by: Jack Wert,Tourism Director
Attachments: Contract with AAG
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.F.16.F.5.
Item Summary: Recommendation to approve the 2016 Football University (FBU) event
expenses using Category"B"Tourist Development Tax Funds with a local support budget of
$86,000, authorize the Chairman to execute the attached contract with All American Games,
and make a finding that this expenditure promotes tourism.
Meeting Date: 4/12/2016
Prepared By
Name: GreenKelly
Title: Tourist Development Tax Coordinator,Tourism Division
3/30/2016 10:11:07 AM
Approved By
Name: WertJack
Title: Division Director-Tourism,Tourism Division
Date: 3/30/2016 10:53:38 PM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 3/31/2016 11:39:53 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/31/2016 4:06:11 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior,Office of Management&Budget
Date: 4/1/2016 9:02:29 AM
Name: CasalanguidaNick
Title: Deputy County Manager,County Managers Office
Date: 4/2/2016 1:59:12 PM
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Aek
ALL AMEFRIGAN GAMES
March 10,2016
Naples,Marco Island, Everglades CVB
2660 Horseshoe Drive Suite#105
Naples,FL 34104
In accordance with our discussions with Naples,Marco Island,Everglades Convention and
Visitors Bureau(CVB), a part of Collier County Government(County),this letter("Agreement")
sets forth the agreement among Football University, LLC ("FBU"), located at 100 Forge Way,
Suite 1, Rockaway,New Jersey 07866, and the Collier County Board of County Commissioners,
located at 3301 Tamiami Trail East,Naples, FL 34112 for ("CVB's") participation as a national
sponsor and Naples as the host city of the FBU National Championship and related events (the
"National Championship") to be played during the week of December 17-20, 2016 and TBD in
December 2017.
I. Elements of the National Sponsorship of the National Championship.
A. CVB elements.
1. Naples,Florida shall be designated the Host City of the FBU National
Championship for 6th, 7th, 8th grade.
II. Sponsorship/Operational Event Costs including essential site costs such as field rental fees,
local transportation of teams,medical coverage at events, officials,hospitality, site costs.
A. Operational Benefits. The CVB shall provide, directly or through third parties, the
operational benefits set forth on Schedule I — A. Expenses and costs are subject to
approval and appropriation by Board of County Commissioners and will be in
compliance with legal uses of tourist tax revenues.
III. Right of First Negotiation
A. Extension;Right of First Negotiation.
The parties hereto agree that the Term of this Agreement with Collier County is to be the
official Host Community of the National Championship for the 2016 through 2017
editions of the National Championship. Additionally, within thirty (30) days following
the Term, FBU and the CVB and then-current advertising, marketing and public relations
agency with respect to the National Championship, FBU shall deliver a proposal for the
terms and conditions for a renewal of such sponsorships ("Proposal"). The CVB shall
have the exclusive right of negotiation with respect to the Proposal for thirty (30) days
following delivery of the Proposal ("Negotiation Period"). At this time based on the
success of the event the extension of term will be renewed or terminated via written
agreement.
C
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IV. Additional Terms
A. Licenses.
1. During the term of this Agreement, County grants FBU a limited license to
use the designation of Naples as the Host City of the National Championship
in online and print marketing and the CVB trademarks delivered by CVB or
their advertising agency of record to FBU, and to use all CVB proprietary
creative materials, trade names, logos and artwork created by CVB and
delivered to FBU pursuant to the terms of this Agreement (collectively "CVB
Marks") for the sponsorships and activities described herein, in the
performance of FBU's responsibilities hereunder. FBU will honor any
reasonable request by the CVB to cease using, or modify its use of, any CVB
Marks in particular materials. Except for the rights expressly granted by the
CVB with respect to the CVB Marks,the CVB reserves all rights in and to the
CVB Marks, including but not limited to the right to sublicense the CVB
Marks to third parties. The CVB Marks are trademarks exclusively owned and
controlled by the County and that all goodwill associated with the use of the
CVB Marks shall inure to the benefit of the CVB. FBU shall not seek to
register any name or trademark that includes or is confusingly similar to the
CVB Marks.
2. During the term of this Agreement, FBU grants the CVB a limited license to
use the designation of Naples as the Host City of the National Championship in
online and print marketing and the FBU trademarks delivered by FBU to the
CVB,and to use all FBU proprietary creative materials,trade names,logos and
artwork created by FBU and delivered to the CVB pursuant to the terms of this
Agreement, including but not limited to, the National Championship logo
(collectively "FBU Marks") for the sponsorships and activities described
herein, in the performance of the CVB's responsibilities hereunder. The CVB
will honor any reasonable request by FBU to cease using,or modify its use of,
any FBU Marks in particular materials.Except for the rights expressly granted
by FBU with respect to the FBU Marks, FBU reserves all rights in and to the
FBU Marks, including but not limited to the right to sublicense the FBU Marks
to third parties. The FBU Marks are trademarks exclusively owned and
controlled by FBU and all goodwill associated with the use of the FBU Marks
shall inure to the benefit of FBU. Neither the CVB or County shall seek to
register any name or trademark that includes or is confusingly similar to the
FBU Marks.
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B. Representations, Warranties and Indemnifications.
1. Collier County represents and warrant solely for the benefit of FBU that:
a) It has the right, power and authority to enter into this Agreement as
approved by Board of Collier County Commissioners;
b) Entering into this Agreement does not violate any agreement between
the parties and any third party;and
c) That the products, services, information or materials provided by or on
behalf of the CVB, when used in accordance with this Agreement, do not
infringe any existing U.S. copyrights, patents, trademarks, or other
intellectual property rights of any third party. The County and CVB
warrants that it has the right to provide the products, services, information
or materials in accordance with the terms and conditions of this
Agreement and such products, services, information or materials shall not
infringe the intellectual property rights nor improperly provide the trade
secret any third party.
2. FBU represents and warrants that:
a) It has the right,power and authority to enter into this Agreement;
b) Entering into this Agreement does not violate any agreement between
the parties and any third party.
3. INDEMNIFICATION
To the maximum extent permitted by Florida law,the FBU 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 FBU or anyone employed or utilized by the
FBU 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. The foregoing indemnification shall not constitute a
waiver of sovereign immunity beyond the limits set forth in section 768.28, Florida
Statutes.
Each party shall promptly advise the other in writing of any claim or demand
against the other party or known to a party related to or arising out of the other
party's activities under this Agreement.
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E. Limitation of Liability.
1. IN NO EVENT NO PARTY HERETO SHALL BE LIABLE TO THE
ANOTHER, OR ANY THIRD PARTY, FOR ANY INCIDENTAL,
CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES
(INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST DATA)
ARISING OUT OF THIS AGREEMENT (WHETHER FOR BREACH OF
CONTRACT,TORT,NEGLIGENCE, OR OTHER FORM OF ACTION) OR ITS
TERMINATION, AND IRRESPECTIVE OF WHETHER SUCH PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE.
F. Confidential Information.
1. The parties shall keep in confidence, and shall neither use nor disclose to any third
party, any information concerning this Agreement, or any other non-public
information concerning the parties or any information proprietary to the parties
(collectively, the"Confidential Information"),which may be disclosed to the other
party in connection with this Agreement. Neither party shall use the name of the
other party in any publicity release, advertising or otherwise without the other
party's prior written approval. The provisions of this section shall survive any
termination of this Agreement. Confidential Information does not include
information that: (i) is or becomes part of the public domain, other than through
breach of this Agreement by recipient; (ii)is required to be disclosed by court order
or other legal process; (iii) is disclosed to the recipient by a third person after the
full execution of this Agreement, and that third person has a legal right to make
such disclosure; or (iv) is known to the recipient before receipt thereof under this
Agreement or is independently developed by or for the recipient without reference
to Confidential Information received from the disclosing party, as evidenced by its
written records. This paragraph shall survive the expiration or termination of this
Agreement for a period of one(1)year. This Agreement is subject to the provisions
of Ch. 119, Fla. Stat., Florida's Public Records Law.
G. Term and Termination.
1. The term of this Agreement shall commence as of the date the Agreement is
executed by both parties, unless terminated earlier as set forth below, or extended
in accordance with the provisions of Section (III)(A) hereof. Each party may
immediately terminate this Agreement in event of notice of breach by the other
party and such other party's failure to cure such breach within thirty (30) days of
written notice of such breach.
H.No Assignment; Independent Contractors.
1. The parties have entered into this Agreement based upon the particular
reputation, capabilities and experience of the other party. Accordingly, the parties
may not assign this Agreement or any of its rights hereunder, nor delegate or
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otherwise transfer any of its rights or obligations hereunder to any unrelated third
party, unless the prior written consent of the other party shall first be obtained.
Notwithstanding anything to the contrary in the foregoing, the CVB acknowledge
and agree that certain obligations of FBU may be performed by affiliates thereof or
its contractors. Moreover, the parties are independent contractors and neither has
any authority to bind the other in any agreement or obligation. This Agreement
does not create a joint venture,partnership or other relationship of any kind, or an
obligation to form any such relationship between the parties.
I. Notices.
1. All notices and other communications hereunder shall be in writing and shall be
given by hand delivery to the other party or by registered or certified mail, return
receipt requested, postage prepaid, or by next-day delivery service by a nationally
recognized overnight courier,with confirmation of receipt,addressed to the parties
at the addresses indicated on the first page hereof and to the individuals signing this
Agreement on the execution page hereof. The contact for the CVB shall be
Michael Obyc at 2660 N. Horseshoe Drive#105 Naples,FL 34104.
J. Severability.
1. If any provision in this Agreement is found to be invalid, unlawful or
unenforceable to any extent,such provision shall be excluded from the Agreement,
which shall continue to be valid and enforceable in all other respects to the fullest
extent permitted by law.
K. Governing Law.
1. This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida, exclusive of its rules related to choice of laws. Any action
or proceeding commenced by either party in connection with this Agreement shall
be commenced exclusively in the state or federal courts situated in the Collier
County or the Middle District of Florida, State of Florida.
L. Entire Agreement;Amendment.
1. This Agreement constitutes the entire agreement between the parties and
supersedes all prior or contemporaneous agreements,understandings, and
communications between the parties, whether oral or written,with respect to the
subject matter hereof. This Agreement may be amended or modified only with the
mutual written consent of both parties. A waiver of any provision of this
Agreement in a given instance will not be deemed a waiver of such provisions at
any other time.
M. Force Majeure.
1. Neither party shall be liable for failure to comply with any of the terms and
conditions of this Agreement when such failure to comply has been caused by fire, et
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labor dispute, strike, war, insurrection, terrorism, government restrictions, natural
disasters, weather, acts of God or other circumstances beyond the reasonable
control of the parties("Force Majeure"). The party affected by such Force Majeure
shall give prompt notice to the other party of such Force Majeure, and shall take
whatever steps are reasonably necessary under the circumstances to attempt to
relieve the effect of such Force Majeure.
N. Counterparts.
1. This Agreement may be executed by manual or facsimile signatures and in
counterparts, each of which shall be deemed an original and all of which together
shall constitute one and the same instrument.
IN WITNESS WHEREOF,the parties have caused this Agreement to be executed by their
duly authorized representatives as of the date shown below.
Football University,LLC
By:
Name:
Title:
Dated:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK,CLERK COLLIER COUNTY,FLORIDA,
By:
, Deputy Clerk Donna Fiala, Chairman
Approved as to form and legality: Dated:
1
olleen M. Greene
Assistant County Attorney
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Schedule I -A
Naples, Marco Island, Everglades Convention&Visitors Bureau Operational Consideration
FBU National Championship Expenses 2016
Expenses to be Paid By Collier County Vendor Projected Cost
Stadium Rental Fees and Event Staffing (site $25,985.00-To Collier County Public Schools and
managers, custodians,event clean up etc.) City of Naples for Fleishman Park as facilities to
meet the needs of the FBU event per FBU contract
attached.
Team Transportation to and from stadiums by local $20,000.00 — As our portion of the total
transportation company transportation cost as outlined in FBU agreement.
Game Officials and Athletic Trainers $15,300.00 — To All American Games, Inc. per
contract attached for game officials and trainers for
this event.Trainers are independent contractors.
Hospitality accommodations for FBU staff and $10,600.00 — To host hotel for event staff as
event workers. chosen by FBU. All hospitality accommodations
will be secured from local vendors following the
Board's Procurement Ordinance.
Trophies for winning teams $600.00 —Will obtain quotes per the Board's
Procurement Ordinance from local trophy
companies and County approved vendors
Player and parent welcome reception $10,200.00 — Will obtain quotes per the Board's
Procurement Ordinance from local and County
approved vendors for specialty items
Law Enforcement for security during games $3,315 — To City of Naples Police and Collier
County Sheriff for security per FBU contract
attached.
Total $86,000.00
Expenditures to be paid by Collier County in compliance with Collier County's Purchasing
Ordinance and Policies.
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