Agenda 12/08/2015 Item #16F5I
12/8/2015 16.F.5.
FXECUTIVE SUMMARY
Recommendation to approve Tourist Tax Category "B" funding to support the December 2015
Foot';•aTf 1:1niversit), (FEUI Champk3tiship up to 560.27d zvid make
a finding `hat these
c-apendifures promote t"I'drism.
O&EE.CTIVE: Approve f. -ding support for managing and supporting the FEU Championship event
December 19-21, 2015.
- 'T Football
� -d , car ona, vouth
C0NKDi,'R,,k_TMN,S: Collier County is 'hostina fo� a secon I h I I i
by rowbafl -BU) ". T"rese cvcnts �7,7;11 � I I
1, 113 ace in in
_Ir ourisin
games u, T ", i
6t!'. -7
Snoi s �tealn n-'s securp-IC;: (,,,h�s p t (Y', OLIS
co,,-,nimuniv,y. and, -as part of
our i-io-t- olbligaions we propose to fur.0 the fbilowing costs to manage and sappolc the even`.:. Thr vendors
viii be f a d through County Finance after receipt of an acceptable invoice and
These costs are approximate for each of these services based on the 2014 FEU event history, but the total
cxpers, shall not exceed S60,271
ft, be _FaLI 11y Collier codn�--
'Veador Fro -c-ed." "os-
Stadiurn Rental Fees and Event Staffing (site
$15,000.00 - To Collier County Public Schools for
M;�Illag��,, S, custodians, eVC-11t CIL-3,1" 1.10 etc.)
I U L D�
Nan!es H'Oh an,' Barro;, Collier s and City
o' ' ap " e s f-) je-ishman Park as fac 1:cs t,,.) meet
BI T - -act
,he n,ctds or the 'HBU eveilt per F oi, i tract
_j
attached.
Teal-r Transrertaiioi o Land sladi,,j,,,.
'a pI f2 f -ans -t -: c
To IN Tj po: Tours
tra:,.'s"porla,J>n company
I (NTI&T) as o-,.I:r portion of the total piaElsr..ra Mtion
cost as agree ' to by FBU and NT,?,T-',"
, CI
Gann- 'Iflflic;als a.`- Athletic ..a! ,Cps
S13,250.00 — To A Amt!rican Ciar,,-ics., Inc. per
contract attached for game officials for this event.
Trainers are independent contractors and all have
i agroed to -, 1,25 per hm-or fec.
A ccornn-.odal ions fc),- F event staff and icrlt,
's, 12,000,00 — 'To Naples Grande Beach. Resort for
tabit and ch.air rental and snacks and bevcm2cs for
I event staff as chosen bv'FB_,U oer co,,-Itracr attached.
Smacks and soft and tcn-, and cl-,,-,;T rentals
� fl l U cFx d Linn lc,,-,al v -ndors ,311 the
oard,s Pi-ocuTernont Ord,;namc.
V,711111,�;-,, a t"Effils
"'0.00 b-a-in �_i 0;
6'1' , — -V 0 L? �iotes pe 23r ard's
Frocui-cWent 01 dinance :-ran-i i C),--- a I rophy
compani es and County approved vendors
lay Lid pa;-era
'W'ill olt"u-Jr, pt- r 11-e 30ard's
P!oc-xcinonc OrI_-`ij-,ar2cc frond locid rd County
approved vendors for specialty items
Ewnt 2ann2:s aiid sig�is
1 S1,650.0-0 L,ocai I�C, clea, i-n, 71,Tj per
con ract &11,acli�:,o.
LaW 7 n '.1-g
-,47.)70 —To Naols Po;ice and 'oll-er
311,)c 1`1 if I"or ...... 1 .t1 ontract
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attached.
Total to be Paid to Local Vendors by Collier County $60,270.00
The economic impact of this event is estimated at $2.5 million in direct visitor spending in our
community. The final games will be televised nationally on ESPN 3, giving our area great exposure that
will help us drive future visitation.
FISCAL IMPACT: Funding in the amount of $60,270 for this event is included in the BCC approved
FY 16 tourism department budget in Fund 184.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan from this
action.
ADVISORY BOARD RECOMMENDATION: The Tourist Development Council recommended
approval of this item 9 -0 at the November 23, 2015 meeting.
LEGAL CONSIDERATION: This item has been approved as to form and legality and requires majority
vote for approval. — CMG
RECOMMENDATION: That The Board of County Commissioners approves Tourist Tax Category
"B" funding to support the December 2015 Football University (FBU) National Championship up to
$60,270 and makes a finding that these expenditures promote tourism.
Prepared by: Parker Medley, Sports Marketing Manager
Attachment: National Youth Football Championships presented by Football University (FBU) Contract
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12/8/2015 16.F.5.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.F.16.F.5.
Item Summary: Recommendation to approve Tourist Tax Category "B" funding to support
the December 2015 Football University (FBU) National Championship up to $60,270 and, make
a finding that these expenditures promote tourism.
Meeting Date: 12/8/2015
Prepared By
Name: GreenKelly
Title: Tourist Development Tax Coordinator, Tourism Division
11/24/2015 9:44:29 AM
Submitted by
Title: Division Director - Tourism, Tourism Division
Name: WertJack
1 l /24/2015 9:44:31 AM
Approved By
Name: MarkiewiczJoanne
Title: Division Director - Procurement Services, Procurement Services
Date: 11/24/2015 2:22:07 PM
Name: WertJack
Title: Division Director - Tourism, Tourism Division
Date: 11/24/2015 5:09:11 PM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 11/25/2015 8:21:15 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/25/2015 8:52:35 AM
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Name: FinnEd
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 11/30/2015 7:32:38 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 12/2/2015 10:54:00 AM
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K
12/8/2015 16.F.5.
ALL. AMERICAN GAMES
As of October 28, 2014
Naples, Marco Island, Everglades
Convention and Visitors Bureau
2800 Horseshoe Drive
Naples, FL 34104
Gentlemen:
In accordance with our discussions with Naples, Marco Island, Everglades Convention and
Visitors Bureau, 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 Tourism Department dba Naples, Marco Island, Everglades Convention and Visitors
Bureau, located at 2660 Horseshoe Drive suite 105, Naples, FL 34014 ("CVB"), for the 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 15 -
21, 2014 and December 16 -22, 2015.
I. Elements of the National Sponsorship of the National ChainpionshiR.
. A. CVB elements.
1. Naples, Florida shall be designated the Host City of the FBU National
Championship for 6th, 7th, 8th grade and associated Youth All -Star . games e.g.
Eastbay All American games and youth clinics and the CVB shall receive the
additional sponsorship elements set forth on Schedule I — A- hereto.
II, Sponsorship/ Operational Event Costs including, to essential site costs such as field rental fees,
local transportation of teams, medical coverage at events, officials, hospitality, site costs, up to
$40,000.
A. Operational Benefits. The CVB shall provide, directly or through third parties, the
operational benefits set forth on Schedule II — B hereto as consideration for the
sponsorship 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 tourism tax revenues.
100 Forge Wav Rnrkawav Naw tarsey 07866
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III. Right of First Negotiation
A. Extension, Right of First Negotiation.
1. The parties hereto agree that the Term of this Agreement with Collier County
is to be the official Host City of the National Championship for the 2014 through
2015 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 /Paradise 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.
IV. Additional Terms
A. Licenses.
During the term of this Agreement, CVB 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
Paradise 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 CVB 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
confiisingly 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 1united 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,
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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 shall seek to register any
name or trademark that includes or is confusingly similar to the FBU Marks.
B. Representations, Warranties and Indemnifications.
1. The 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;
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. Each of the 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.
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 wrongfiil conduct of the FBU or anyone employed or utilized by the
FBU in the performance of this Agreement. This inndennnification 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
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negligence of Collier County. The foregoing indenuiification 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.
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.
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
frill 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 continence 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 (Ili)(A) hereof Each party may
immediately terminate this Agreement in event of notice of breach by the other
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Harty and such other party's failure to cure such breach within thirty (30) days of
written notice of such breach.
H. No Assignnient, Independent Contractors,
I. Ths paNes him urnered into this Agreement based aeon tihe pcarticular
reputation, capabilities and experience of be other party, Accordingly, the parties
in, - -euneler, nor (`cjcga-.��e or
ay not as�,sign his, fib or any of its rights he�,
otherwise transf�cr any of A riighis or objIgations hcre-,,,indcr to any third
C�Onts,'�I't ,;f 'Lo o'ilicr p
party, unless sha`i first be .._.:red.
foregoii1,--, IIn. CVB
and agree t t. w i t i . ARgagons ofFBU-i-naybc parforn-,,36. by aff-Diates or
its contractors. 'Mioreover, the parties are independent contractors and neither has
any authority �63 the o,`-,er in any odbligatio-,n. This
does not create a joint venture, partnership or other relationship of any hi;nd, or an
abjmdon to Am any sucli relatJonchip bet-,,een the pla'ft!-ss.
1. All notices and oiler sl-,adl be in sting W AM be
given by hand delivery to the other party or by registered or certified mail, return
receipt requestecl, postage prepaid, or by next-day delivery --,e.rvice 'by a na ,c- il ally
mcogdzed ovenight cou%j AT cm6nnation o-frcce-1pt, addr�-ss,,2-1'.C, parties
at the addresses indicated on flic: first page hereof mid tol-he indi.vidv...,ais this
'7 c ution pag(� 1."creof.
'Agreement r"31 �,.' , ��Xcc
if a'ay prev vdcrl I this 11greemen,', is iound to b,-- immlid, .rich ,ill? or
menforemble to any extent, such pimision small be excluded fron, th,2igrecrncnt,
which shadl continue to be valid and enforceable in, all other respcc.ts to the Rillest
Xtcntl
.K. Governh 2 Law,
laws
s 2': S, f-, shal bc gnanad by al -, -..ol
Oftho Stata OFFINda, excAusive of its rudles to cil')i,':e Of" Flat.vS, Oil
Vii" cc,,m3-,-,-.o74ccd by sli, pa->.Ly in v,,i1h tnis �.qgn�o. moo. °7...'
be co'namomr-ed exclusively in the state or fedcj•al courts situated in tilt Collier
Amy or ?:--, M,,iddlc Diz-stnct of Floddq We Wlod&i,
L. Rhit�ie
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12/8/2015 16.F.5.
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,
labor dispute, strike, war, insurrection, terrorism, government restrictions, natural
disasters, weather, acts of God or other circumstances beyond the reasonable
control of the patties ( "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 Nvhicli 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
B • J
y
Name: /�Aa5 Nam
V•
Title: ctz)
Dated: /OM /l
Collier County / Naples, Marco Island,
and Everglades Convention Visitors Bureau
Name: 1�174 CA-
Title: -b/ ez,ec7a,
Dated: f-z lrlr7
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, F. ORIDA,
I�
1y
By:
a
At i '6416 i0 C(fi oOkty Clerk om Henning
X81 {plcalltPE YY.
`u Chairman
Naples Sponsorship Agreement
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Approved as to form ai,id legality:
(1, fl,j Al-
611
Colleen A Orcell6l
Assistant County Attorney
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12/6/2015 16.F.5.
Schedule I - A
AleAles; .Ak, -co island,, Ii ,.berglcr,.Yes Coni;enlion & T17shrors Burecue Sponsw- shij)Elenfews
fear- R'.ound promotion within all FBU programs and events of Collier County as a
destination
- Opportunity for representatives of CVB to attend events, e.g. FBU Top Gun St Ild
* Tourn%inen, gcAZ.'acs � —11i'l !iilf_ do rt'� r';a.l si foj- L �'� 3 k S' 12 } *'x.os
_ _t!r tit _
��'.'vi Ai -Tina, 1 �.::. 7. .ti ,.ie} I.iiie ('Ja. i<... .J Gv *:: � Ut4... L 1 J:4 i21J J - ? v g-'!-es
g`
All app-m- '�i�''riat -c
R /014 aii d ti 15 location F '1'Na6 .._ l • f V ' 7il1 (7 tit grad5 e i e v° v i
1` e�
burnai germ
201-, calid 201.5 lu.".Ftlons for the assui^ja`ed age group Youth A -H St ax gannes
1`1apic.
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v
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schedule 11 - B
!V"aples, A'�f&rco Co"'iention & 'fr'Isitors QVel.'ation'-d CoiISICIercition
Up to $10,000 to be used for transportadon during Chan4ionslip TOO
,�,e loc,
, nt-i'Iee, ve-nues, Naples Eligh, Sc!nool, ; Fleischmarin Park or oilicr , ai facilities for
National Chamtpionship games, Eastbm,,7 games, Rounds I & 2 games, practices, clinics,
and connbines
Amism Deparman f Lom! oquAlng cmaWe tllat 'ilu providc ti'-._C r-01,10, %vinz;
cash,
A1110do TIMS,
Police/Security
Game Officiais
Kink -off Foy if aPITCAR-
H hali"".)' tenJYom fbr MI even',
Concessions operations at all games
5+ � "N f'q'! - F g c
J
a -R_i�
.Adu pm , ng f3r gannes
1 Cst roo"n�,501-L-a-jol-m, _Eac;il iides' '3t all ve']I'au-s
RONO MR
El'n" C"I'lai"s if "apj-)'Iicable
gi)"L fcr cach --,I lily
�i`j, 2131 'Lff
Be nnei' Sponsorship of S I 000,(,1O f'or io,, o b - cr
C"VB "TAII gather rMes Mid arrar-,e !actcl room blocks at b cst
at my iftio C'xpe I 3se "0 1-17BIJI, -i --CC C", c"-"Aet, t!'. C':.'.Y':. ,
and mecting rooms within a laeadquarters hotel,
;-!Otol -J'C'I.FI3'U staff
Regional 1"AIL'ic
% VMS C Now & MU I-Jlation-ai
C Eva, "Oh W bumd WNY as fly Tremos" CCIIIH_:r cou_'ty S'i}crts Event of F. yea],
t Napics, 11-4arco Island and Exerglades sponsored MVP trophies for each age level
7% COUAssy
Di"';CountL W loca', a: ,d reslaumi-fts
Fxpc"Ft OT loyAbs and e-�,ent "-irm".ghout 111C year
t'
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