Agenda 12/13/2016 Item #16F3 16.F.3
12/13/2016
EXECUTIVE SUMMARY
Recommendation to approve Amendment #1 to Tourism Category B Contract between Collier
County and Football University, LLC for 2016 Football University (FBU) event expenses with a
revised local support budget of $136,735 and make a finding that this expenditure promotes
tourism.
OBJECTIVE: To approve Contract Amendment #1 to revise line item amounts in the local event
expenses agreement for the 2016 FBU National Championships in Collier County.
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.
Due to the expanded schedule of the 2016 event, it was determined that extended coverage is necessary in
order to sufficiently accommodate the increased number of participating teams and games at all venues.
In addition, a Championship venue was added for the final day of competition. Below is a breakdown of
original approved costs and proposed increases for the 2016 event.
Proposed FBU National Championship Expenses 2016
Expenses to be Paid By Collier County Vendor Projected Cost Original Approved
Expenditure
Stadium Rental Fees and Event Staffing $55,775.00-To Collier County Public $25,985.00
(including but not limited to site managers, Schools,First Baptist Academy,and
custodians,event clean up,EMT etc.) North Collier Regional Park as
facilities to meet the needs of the FBU
event and staffing cost,per FBU
contract needs on attached document.
Team Transportation to and from stadiums by $20,000.00-As our portion of the total $20,000.00
local transportation company transportation cost as outlined in FBU
agreement.
Game Officials and Athletic Trainers $20,160.00-Per contract attached for $15,300.00
game officials and trainers for this
event.Trainers are independent
contractors.
Hospitality accommodations for FBU staff $11,500.00-To host hotel for event $10,600.00
and event workers. staff as chosen by FBU.
Trophies for winning teams $2,000.00-Will obtain quotes per the $600.00
Board's Procurement Ordinance from
local trophy companies and County
approved vendors
Player and parent welcome reception and $15,300.00-Will obtain quotes per the $10,200.00
promotional items Board's Procurement Ordinance from
local and County approved vendors for
specialty items
Law Enforcement for security during games $12,000.00-To City of Naples Police $3,315
and Collier County Sheriff for security
per FBU contract attached.
Total $136,735
FISCAL IMPACT: The amended contract totals $136,735. The contract increase is $50,735 and will be
funded from the existing Sports Marketing Event Support budget within TDC Promotion Fund(184).
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12/13/2016
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 6-0 at the November 28, 2016 meeting.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for approval. -CMG
RECOMMENDATION: That the Board approves Amendment #1 to Tourism Category B Contract
between Collier County and Football University, LLC for 2016 Football University (FBU) event
expenses with a revised local support budget of $136,735 and make a finding that this expenditure
promotes tourism.
Prepared by: Jack Wert, Tourism Director
ATTACHMENT(S)
1.2016 AAG Local Expenses Fully Executed Agreement (PDF)
2. Exhibit A Contract Amendment#1 All American Game(1) (PDF)
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12/13/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.3
Item Summary: Recommendation to approve Amendment #1 to Tourism Category B Contract
between Collier County and Football University, LLC for 2016 Football University (FBU) event
expenses with a revised local support budget of $136,735 and make a finding that this expenditure
promotes tourism.
Meeting Date: 12/13/2016
Prepared by:
Title: Tourist Development Tax Coordinator—Tourism
Name: Kelly Green
11/30/2016 11:53 AM
Submitted by:
Title: Division Director-Tourism—Tourism
Name: Jack Wert
11/30/2016 11:53 AM
Approved By:
Review:
Tourism Jack Wert Additional Reviewer Completed 11/30/2016 11:58 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 12/01/2016 10:16 AM
County Attorneys Office Scott Teach Level 3 County Attorneys Office Review Completed 12/01/2016 10:45 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/01/2016 10:56 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 12/01/2016 4:09 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/04/2016 12:31 PM
Board of County Commissioners MaryJo Brock Meeting Pending 12/13/2016 9:00 AM
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MEMORANDUM
Date: September 12, 2016 r
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To: Michael Obyc, Tourism Sales Specialist
Tourism Department
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From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: All American Games FBU Agreement
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Attached is an original of the agreement referenced above (Item #16F5)
approved by the Board of County Commissioners on April 12, 2016.
• The Minutes & Records Department will hold the second original
agreement in the Board's Official Record.
If you have any questions please feel free to contact me at 252-8411.
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Thank you.
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Attachment
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ALL AMERICAN GAMES .-.
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March 10.2016 CD
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. m
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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. F
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I. Elements of the National Sponsorship of the National Championship.
A. CVB elements. -o
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1. Naples. Florida shall be designated the Host City of the FBU National
Championship for 6th. 7th, 8th grade. X
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H. Sponsorship I Operational Event Costs including essential site costs such as field rental fees.
local transportation of teams.medical coverage at events.officials.hospitality. site costs. u_
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 w
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
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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.
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IV. Additional Terms
A. Licenses.
I. 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 m
CVB with respect to the CVB Marks,the CVB reserves all rights in and to the c-
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 m
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
FRU 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:
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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 m
warrants that it has the right to provide the products, services, information
or materials in accordance with the terms and conditions of this o
Agreement and such products, services, information or materials shall not N
infringe the intellectual property rights nor improperly provide the trade
secret any third party.
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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. ›,
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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 c
paragraph. This section does not pertain to any incident arising from the sole `N'
negligence of Collier County. The foregoing indemnification shall not constitute a 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 w
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 a)-
Agreement for a period of one(I)year. This Agreement is subject to the provisions
of Ch. 119, Fla. Stat.. Florida's Public Records Law. To
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. cts
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 E
obligation to form any such relationship between the parties.
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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 u_
at the addresses indicated on the first page hereof and to the individuals signing this M
Agreement on the execution page hereof. The contact for the CVB shall be
Michael Obyc at 2660 N. Horseshoe Drive 4105 Naples. FL 34104.
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J. Severability. I
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. a)
which shall continue to be valid and enforceable in all other respects to the fullest
extent permitted by law.
K. Governing Law. LL
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 a
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.
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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 E
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 ca
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,
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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. c
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N. Counterparts. -a
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1. This Agreement may be executed by manual or facsimile signatures and in Q
counterparts, each of which shall be deemed an original and all of which together m
shall constitute one and the same instrument. w
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IN WITNESS WHEREOF,the parties have caused this Agreement to be executed by their
duly authorized representatives as of the date shown below. m
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Football University,LLC
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Schedule I -A
Naples. Marco Island, Everglades Convention & Visitors Bureau Operational Consideration
FBU National Championship Expenses 2016 *�
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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 E
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. d
Trophies for winning teams $600.00 —Will obtain quotes per the Board's en
Procurement Ordinance from local trophy
companies and County approved vendors )
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Player and parent welcome reception i $10,200.00 — Will obtain quotes per the Board's
Procurement Ordinance from local and County x
approved vendors for specialty items w
Law Enforcement for security during games $3,315 — To City of Naples Police and Collier
County Sheriff for security per FBU contract u_
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Total $86,000.00
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Expenditures to be paid by Collier County in compliance with Collier County's Purchasing Ts
Ordinance and Policies.
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EXHIBIT A Contract Amendment# 1
All American Games FBU Agreement
This amendment, dated this day of December, 2016 to the referenced agreement shall be by and
between the parties to the original Agreement, Collier County, Florida, ("Host" or"Collier County") and Football
University,LLC("Vendor" or"FBU").
Statement of Understanding
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Re: "All American Games FBU Agreement" -a
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WHEREAS, the Board of County Commissioners with a recommendation from the Tourist Development
Council approved the Contract with Football University, LLC for Operational Expenses for the 2016 FBU National
Championship and related events; and
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WHEREAS, FBU has requested an amendment to reflect changes to Schedule I-A for Projected Expenses;
and
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WHEREAS,this Amendment will increase the Projected Expenses by$50,735.00, and
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WHEREAS, the Tourist Development Council has reviewed and made a recommendation to the Board of
County Commissioners ("Board") to approve this expenditure and make a finding that this expenditure promotes
tourism, and the Board has approved said recommendation and made a finding that this expenditure promotes f4
tourism.
NOW, THEREFORE, based upon the mutual covenants and premises provided herein and other valuable ;--�
consideration, the Parties agree to amend the All American Games FBU Agreement approved on April 12, 2016 .
(Item 16F5).
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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: m
Words underlined have been added. Words struck through have been deleted. m
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Stadium Rental Foes and Event Staffing (site $25,985.00 To Collier County Public Schools and City
• •a' - --• - - - - of Naples for Fleishman Park as facilities to meet the
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• ' • •- • •: - : - - ••.•• - _ .-: $20,000.00 As our portion of the total transportation
•:- :: • cost outlined in FBU agreement.
Game Officials and Athletic Trainor) $15,300.00 To All American Games, Inc. per contract 5
. . -. . . _ . •- _
-- = : - •--- .. --• : - - = - - . : _ $10,600.00 To host hotel for event staff as chosen by
workers. : . • . __ • • ... .- • .- _ .
--• _ :- - - ••b -- Beard's Procurement
Ordinance.
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$600.00 Will obtain quotes per the Board's
. . :. _ - _. - __ $10,200.00 Will obtain quotes per the Board's
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Law Enforcement for security during games $3,315 To City of Naples Police and Collier County
Sheriff for security per FBU contract attached.
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Total to be Paid to Local Vendors by Collier County $86,000.00 L
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Schedule I-A is deleted in its entirety and replaced with the following table of expenses:
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Expenses to be Paid by Collier County Vendor Projected Cost
Stadium Rental Fees and Event Staffing (including but $55,775.00 — To Collier County Public Schools, First N
not limited to site managers, custodians, event clean Baptist Academy, and North Collier Regional Park as
up, EMT etc.). facilities to meet the needs of the FBU event and d
staffing cost, per FBU contract needs on attached
document.
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Team Transportation to and from stadiums by local $20,000.00 — As our portion of the total transportation
transportation company. cost as outlined in FBU agreement.
Game Officials and Athletic Trainers. $20,160.00 — Per. contract attached for game officials
and trainers for this event. Trainers are independent
contractors.
Hospitality accommodations for FBU staff and event $11,500.00 —To host hotel for event staff as chosen by
workers. FBU. a)
Trophies for winning teams. $2,000.00 — Will obtain quotes per the Board's
Procurement Ordinance from local trophy companies
and County approved vendors.
Player and parent welcome reception and $15,300.00 — Will obtain quotes per the Board's m
promotional items. Procurement Ordinance from local and County
approved vendors for specialty items.
Law Enforcement for security during games. $12,000.00 -To City of Naples Police and Collier County
Sheriff for security per FBU contract attached. 3
All other terms and conditions of the agreement shall remain in force.
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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
ATTEST: OWNER:
DWIGHT BROCK, Clerk
BOARD OF COUNTY COMMISSIONERST.
OF COLLIER COUNTY, FLORIDA
By: By: m
DONNA FIALA, Chairman
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Approved as to form and legality:
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Colleen M. Greene
Assistant County Attorney
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