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Backup Documents 12/10/2019 Item #16F 9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING '� F C E IVE TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU Pi int on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office ' at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County ARiaiteylet» getnen&r than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney Office County Attorney Office cs.,rsKJVICticItir-<1'01-N\ �2. BCC Office Board � Commissioners 1 NY) ( 3. Minutes and Records Clerk of Court's Office 2'1O ��- PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Kelly Green Phone Number 239-252-2384 Contact/ Department Agenda Date Item was 12/10/19 Agenda Item Number 16F9 Approved by the BCC Type of Document Agreement Number of Original 2 Attached Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature?(STAMP OK) KG 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be KG signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the KG document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's KG signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip KG should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on above date and all changes made during N/A is not the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the /A is not BCC,all changes directed by the BCC have been made,and the document is ready for the ,. option for Chairman's signature. is line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16F9 MEMORANDUM Date: December 26, 2019 To: Kelly Green, Tourist Development Tax Coordinator Tourism Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Sponsorship Agreement between Collier County and Football University (FBU) Attached please find an original copy of the agreement referenced above, (Item #16F9) approved by the Board of County Commissioners on Tuesday, December 10, 2019. The second original will be held in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment 1 6 F 9 SPONSORSHIP AGREEMENT BETWEEN COLLIER COUNTY AND FOOTBALL UNIVERSITY, LLC THIS AGREEMENT is made and entered into this ( i day of bC.l,k(nk , 2019, by and between Collier County, a political subdivision of the State of Florida ("County"), and Football University, LLC (FBU), authorized to do business in Florida. RECITALS: WHEREAS,the County has adopted a Tourist Development Plan funded by proceeds from the Tourist Development Tax; and WHEREAS, the Collier County Tourism Ordinance provides that certain amounts of the revenues generated by the Tourist Development Tax are to be allocated to promote and advertise tourism within the State of Florida, nationally and internationally which encourages tourism; and WHEREAS, FBU has applied to the Collier County Tourist Development Council ("TDC") for Sponsorship funding to be used to host the 2020 through 2022 Football University National Top Gun Showcase in Collier County at the Paradise Coast Sports Complex; and WHEREAS, with the recommendation of the TDC, the Collier County Board of County Commissioners has reviewed and approved the proposal of FBU and specifically finds that the event promotes tourism. WITNESSETH: NOW, THEREFORE, in consideration of the promises and covenants contained herein, and other good and valuable consideration exchanged amongst the parties, the parties agree as follows: 1. All the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. FBU agrees as follows: A. At its sole cost and expense, FBU will promote, market and present the Top Gun Showcase, to take place at Collier County Paradise Coast Sports Complex in July 2020, July 2021, and July 2022. As part of this commitment, FBU at its sole cost and expense, will also: i. Lease the Paradise Coast Sports Complex directly from the operating agency and will comply with all then-current County requirements for the hosting of an event of this size. These will include but are not limited to: providing the necessary insurance, crowd control, parking, security, EMS, restroom facilities, waste removal, all necessary game day operation equipment, personnel and other additional event operation expenses incurred in running the Top Gun Showcase. a. In the event that the Paradise Coast Sports Complex is not ready for play or not available for use due to a compelling public purpose,the County will work with FBU to provide alternative locations and fields including but [19-TOC-00172/1508155/41 1 G:\SPORTS MARKETING\SPORTS MARKETING\FBU\2019 16F9 not limited to providing other Collier County Parks and Recreation Facilities for use for the Top Gun Showcase. iii. Provide written acknowledgement of the sponsorship by the Collier County Convention & Visitors Bureau (CVB) using the phrase "Funded in part by the Collier County Tourist Development Tax" and placement of the CVB logo in all media, marketing, promotion, and as part of the local activation at all FBU events prior to the Top Gun Showcase in Naples using the #PathtoNaples branding message. 3. Collier County agrees as follows: A. In consideration of the above, County will pay FBU a Sponsorship Fee in the sum of up to One Hundred Thousand Dollars($100,000)each year for the 2020,2021,and 2022 FBU Top Gun Showcase. Although this Sponsorship Fee is intended to help FBU pay for its costs related to hosting the Top Gun Showcase event, FBU may use this fee in any manner it deems fit. The payment will be made in two installments as follows: i. The First Payment of Fifty-thousand dollars ($50,000.00) shall be paid to FBU within 45 days of the County's receipt of an invoice and the written notice and schedule provided by FBU that it has commenced operating their Football University Camps. Such notice will provide documentation evidencing that the camps at the Paradise Coast Sports Complex have officially opened. This documentation may include proof of onsite activation of the CVB logo and #PathtoNaples branding at all FBU camp sites, media placement for those camps such as social media promotion,e-newsletters, digital advertising,website updates, and website banner ads on football related websites such as the FBU event website. All marketing, promotion and advertising must include the CVB logo as provided by Collier County to FBU. ii. The Second Payment of($50,000.00) shall be paid to FBU within 45 days from the conclusion of the Top Gun Showcase and upon receipt of an FBU invoice and submittal of a Post Event Report. Evidence of the conclusion of that event may include video, social media posts, event announcer read scripts and local use of the CVB logo at the event site as agreed to. Submittal of a Post Event Report shall document the aggregate participant and spectator attendance at the Top Gun Showcase in Naples and the number of accommodation room nights and direct visitor spending generated in Collier County by event participants and spectators. This final invoice and Post Event Report and all documentation shall be submitted to the County within 30 days following the conclusion of Top Gun Showcase. All invoices are payable in compliance with Florida's Prompt Payment Act. B. Within 30 days from the County's receipt of the FBU final invoice,the Parties shall meet to discuss the next year's event. At that time,the Parties will review the information provided by FBU as part of its invoice submissions C. In addition to paying a Sponsorship Fee, Collier County shall assist FBU in their hosting of the event,which will include some or all of the following on an as needed basis: (19-TDC-00172/1508155/4] 2 G:\SPORTS MARKETING\SPORTS MARKETING\FBU\2019 1619 i. Year-round promotion of the Top Gun Showcase on the CVB's sports marketing website, Facebook, and Twitter platforms; ii. Assistance with hotel information including suggestions on hotel properties, events space or other requested information; iv. Assistance with local and regional press coverage; v. Assistance in gathering of discounts to local attractions and restaurants; vi. Administrative assistance with obtaining necessary permits; vii. Visitor information distribution about 'local attractions to Top Gun participants and families; and viii. Assistance with identifying classroom locations in other Collier County facilities including Collier County Public Schools or other similar venues and paying any applicable rental fees for the classrooms during the Top Gun Showcase. Should classrooms become available at the Paradise Coast Sports Complex, the Top Gun Showcase may use these classrooms at no additional charge. LEGAL MATTERS 4. INDEMNIFICATION AND DUTY TO DEFEND: A. To the maximum extent permitted by Florida Law, FBU shall indemnify, defend and hold harmless the County, its officials 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 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 the County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond limits set forth in section 768.28, Florida Statutes. B. The duty to defend under this Section is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of FBU, the County, or 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 FBU. FBU's obligation to indemnify and defend the County will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against FBU or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 5. INSURANCE: FBU shall at all times during the term of this Agreement maintain insurance coverage at amounts that are commercially reasonable, including at least Comprehensive General Liability at $1,000,000. Collier County and its affiliates shall be named as an additional insured on all such policies of insurance and FBU shall provide proof of insurance at least 7 days prior to the start of the Top Gun Showcase event or at Collier County's request. [19-TOC-00172/1508155/41 3 G,\SPORTS MARKETING\SPORTS MARKETING\FBU\2019 16F9 6. NOTICES: All notices from the County to FBU shall be in writing and deemed duly served if mailed by registered or certified mail to FBU at the following address: Steve Quinn Football University, LLC 6031 Cypress Hollow Way Naples, FL 34109 All notices from Football University to the County shall be in writing and deemed duly served if mailed by registered or certified mail to the County to: Jack Wert, Tourism Director Collier County Tourism Division 2660 N. Horseshoe Drive, Suite 105 Naples, Flortida 34104 Jack.Wert@colliercountyfl.gov FBU and the County may change the above mailing addresses at any time upon giving the other party written notification pursuant to this Section. 7. NO PARTNERSHIP: FBU is an independent contractor. Nothing herein contained shall be construed as creating a partnership or joint venture of any kind between the County and FBU, its vendors or subcontractors,or to constitute FBU, or its vendors or subcontractors,as an agent or employee of the County. All revenue of any kind received by FBU related to hosting these events, are for the sole benefit of FBU, and County will not be entitled to share in any profit received by, or be liable to share in the cost incurred by FBU arising from these events. 8, COOPERATION: Each party shall fully cooperate with the other in all matters pertaining to this Agreement and shall provide all information and documentation as requested from time to time. 9. TERM: This Agreement shall become effective on approval by the Board of Commissioners and remain in effect through the Top Gun Showcase in 2022. There is no right to renew by either party. 10. TERMINATION FOR CONVENIENCE: This Agreement may be terminated by either party by giving the other party written notice 6 months in advance of the termination date. After the conclusion of this final event, and the satisfaction of all obligations and payments arising from this final, the parties will have no further obligations whatsoever with respect to this Agreement. 11. OPTION TO TERMINATE: Either party may terminate or cancel this Agreement on less than 3 months written notice without penalty. Upon the satisfaction of all obligations and payments arising from the prior event that was held, each party will have no further obligation whatsoever to the other with respect to this Agreement. 12. GENERAL ACCOUNTING AND AVAILABILITY OF RECORDS: With respect to all matters covered in this Agreement, FBU shall maintain complete and accurate accounting records, and shall maintain these records, books, documents, papers and financial information pertaining [19-T0C-00172/1508155/41 4 G:\SPORTS MARKETING\SPORTS MARKETING\FBU\2019 16F9 to work performed under this Agreement for a period of three (3) years, in compliance with Chapter 119,the Florida Public Records Law. 13. AVAILABILITY OF FUNDS: This Agreement is subject to the availability of Tourist Development Tax revenues. If for any reason tourist tax funds are not available to fund all or part of this Agreement for any given event year,the County may upon written notice,at any time during the term of this Agreement, reduce or eliminate funding under this Agreement. Upon receipt of such notice, FBU will have the option to either terminate this Agreement or continue this Agreement without such funding. If following receipt of such notice FBU elects to terminate the Agreement,the County will reimburse FBU for all eligible and documented expenditures actually incurred up to the date written notice was received. 14. PROHIBITION OF ASSIGNMENT: This Agreement is personal to FBU. As such, FBU may not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the County, which consent may be withheld in the County's sole discretion. 15. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, and must be made with the same formalities as was done in entering into this Agreement. 16. VENUE AND GOVERNING LAW: This Agreement shall be governed by and construed under the laws of the State of Florida. The parties shall attempt in good faith to resolve any dispute concerning this Agreement through negotiation between authorized representatives. If these efforts are not successful, and there remains a dispute under this Agreement, the parties shall first engage in voluntary mediation, with each side sharing all costs. Following the conclusion of this procedure,either party may then file an action in the Circuit Court of Collier County, which shall be the exclusive venue with respect to any disputes arising out of this Agreement. In the event of litigation, each side shall bear its own attorney's fees. 17. ENTIRE AGREEMENT: This Agreement sets out the entire agreement between Collier County and FBU with respect to the subject matter contained herein,the Top Gun Showcase. It supersedes all prior agreements, proposals, arrangements and communications, whether written or oral, with respect to the Top Gun Showcase, including but not limited to the parties' agreements and agreements related to Top Gun Showcase events, which agreements are hereby terminated in their entirety and of no further force and effect as of the date of this Agreement. 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. [19-TDC-00172/1508155/41 5 G:\SPORTS MARKETING\SPORTS MARKETING\FBU\2019 1 6 F 9 IN WITNESS WHEREOF, FBU and Collier County have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: '" '; ' BOARD OF CUD,. OMMISSIONERS ORS 1 clerk COL IER 041', Y, FLO' II A Aik By. ..�.By; V"."% .. q ; �sz e; ' '. -' •k Wil' am L. McDaniel, Jr., Ch.irman Slat'*' toit ,r • ir' By: ii `�611 , .. .i FOOTBALL UNIVI RSIT , LLC Steve Quinn, President Ap rove as to form and legality: J1PJAJZ— Colleen M. Greene, ssistant County Attorney Item# ICc Agendas Z to—tai Date ReedDate y 'r��'� (19-TDC-00172/1508155/41 6 _ ° C G:\SPORTS MARKETING\SPORTS MARKETING\FBU\2019 eputy Cler•o ' 1 6 F 9 ACo O CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 12/11/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Mass Merchandising Underwriting K&K Insurance Group,Inc. (ArONl o,Ext): 1-800-426-2889 jvc,No): 1-260-459-5105 1712 Magnavox Way a-MAIL Fort Wayne IN 46804 ADDRESS: info@sportsinsurance-kk.com PRODUCER CUSTOMER ID: INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Nationwide Mutual Insurance Company 23787 Football University LLC INSURER B: 6031 Cypress Hollow Way Naples,FL 34109 INSURER C: A Member of the Sports,Leisure&Entertainment RPG INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: W01649729 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD_WVD (MMIDDIYYYY) (MM/DO!YYYY) A X COMMERCIAL GENERAL LIABILITY X 6BRPG0000006993600 11/01/2019 11/01/2020 EACH OCCURRENCE $1,000,000 CLAIMS- 12:01 AM EDT 12:01 AM X OCCUR DAMAGE TO RENTED MADE PREMISES(Ea Occurrence) $1,000,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS—COMP/OP AGG $1,000,000 POLICY I PRO-JECT I I LOC PROFESSIONAL LIABILITY _ $1,000,000 OTHER: LEGAL LIAB TO PARTICIPANTS $1,000,000 A AUTOMOBILE LIABILITY 6BRPG0000006993600 11/01/2019 11/01/2020 COMBINED SINGLE LIMIT $1,000,000 12:01 AM EDT 12:01 AM (Ea accident) ANY AUTO BODILY INJURY(Per person) OWNED AUTOS SCHEDULED BODILY INJURY(Per accident) ONLY AUTOS HIRED „, NON-OWNED PROPERTY DAMAGE X AUTOS ONLY AUTOS ONLY (Per accident) X NOT PROVIDED WHILE IN HAWAII UMBRELLA LIAR OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE DED n RETENTION WORKERS COMPENSATION ANDN/A !PER OTHER EMPLOYERS'LIABILITY STATUTE J ANY PROPRIETOR/PARTNER/ Y I N E.L.EACH ACCIDENT EXECUTIVE OFFICER/MEMBER EXCLUDED?(Mandatory In NH) E.L.DISEASE—FJ\EMPLOYEE If yes,describe under DESCRIPTION E.L.DISEASE—POLICY LIMIT OF OPERATIONS below A MEDICAL PAYMENTS FOR PARTICIPANTS 6BRPG0000006993600 11/01/2019 11/01/2020 PRIMARY MEDICAL 12:01 AM EDT 12:01 AM EXCESS MEDICAL $25,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Legal Liability to Participants(LLP)limit is a per occurrence limit. Sport(s):Youth Football(Tackle&Contact)Age(s): 12 and under, 13-15 The certificate holder is added as an additional insured,but only for liability caused,in whole or in part,by the acts or omissions of the named insured. See Attached Additional Remarks Schedule CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 3327 Tarniami Trail East THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Naples,FL 34112 ACCORDANCE WITH THE POLICY PROVISIONS. (Owner/Lessor of Premises) AUTHORIZED REPRESENTATIVE Coverage is only extended to U.S.events and activities. ”NOTICE TO TEXAS INSUREDS:The Insurer for the purchasing group may not be subject to all the insurance laws and regulations of the State of Texas ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 16F9 AGENCY CUSTOMER ID: LOC# ACORDr ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED KIK Insurance Group,Inc. Football University LLC 1712 Magnavox Way Fort Wayne IN 46804 POLICY NUMBER 6BRPG0000006993600 CARRIER NAIC CODE EFFECTIVE DATE: 11/01/2019 Nationwide Mutual Insurance Company 23787 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE Certificate of Liability Insurance Sport(s):Youth Football(Tackle&Contact) Limited Coverage for"Brain Injury"endorsement applies.Brain Injury Limit:$1,000,000 occurrence/$1,000,000 aggregate;Brain Injury Loss Adjustment Expense Limit:$1,000,000 occurrence/$1,000,000 aggregate."Brain Injury"means concussion,chronic traumatic encephalopathy,or any other injury to the brain and any symptoms,conditions,disorders and diseases,including death,resulting therefrom but only if such injury occurs as a result of specific events occurring during the policy period. ACORD 101(2008/01) ©2008 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD