Agenda 01/28/2020 Item #16F 2 (Termination of Contract #18-7294 CC Naming Rights & Sponsorship w/the Superlative Group)01/28/2020
EXECUTIVE SUMMARY
Recommendation to terminate Agreement #18-7294, “Collier County Naming Rights and
Sponsorship,” with The Superlative Group, for convenience, and send notice to the Contractor.
OBJECTIVE: To terminate the Agreement #18-7294 with The Superlative Group related to naming
rights and sponsorship.
CONSIDERATIONS: On July 10, 2018, the Board approved Agreement #18-7294 (Agenda Item
16.F.8), with The Superlative Group (TSG). The Agreement outlined two phases of operation for TSG,
with Phase I for naming rights research in the County, and Phase II for developing a strategic sales
campaign for naming rights with companies and individuals.
TSG completed the Phase I research and valuation and has had significant operating time in the Phase II
strategic sales campaign. To date, TSG has yet to secure any naming rights sponsorships for the County.
Agreement #18-7294 includes the following provision related to termination of a contract:
11. TERMINATION. Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County as per this Agreement, the County may terminate said
Agreement for cause; further, the County may terminate this Agreement for convenience with a
thirty (30) day written notice. The County shall be the sole judge of non-performance.
In the event that the County terminates this Agreement, Contractor’s recover against the County
shall be limited to that portion of the Agreement Amount earned through the date of termination.
The Contractor shall not be entitled to any other or further recovery against the County,
including, but not limited to, any damages or any anticipated profit on portions of the services
not performed.
However, Contractor shall receive commission on any sponsorship or naming rights agreement
which is executed within twelve (12) months following the expiration or termination of the Term
hereof which is executed with any party that was previously solicited by the Contractor to become
a sponsor or naming rights partner and with which Contractor had conducted good-faith
discussions concerning the possibility of such party becoming a sponsor or naming rights
partner.
Staff believes that The Superlative Group has not performed to the expectations of the contract and
therefore is recommending that the Board terminate for convenience per the contract clause.
FISCAL IMPACT: Funding for this agreement is appropriated in Tourist Development Tax supported
Tourism Promotion Fund (184). Compensation to TSG is paid in the form of a lump sum payment for
Phase I, a monthly fee for Phase II and a commission on gross revenue from the sale of naming rights or
sponsorship. The commission structure includes an administrative component of 7.5% and a standard
commission of 17.5%.
Phase I was completed by TSG at a cost of $82,500 to create the valuation for the Collier County
inventory of assets. This data will be retained by the County and used for future sponsorship
opportunities. To date, under Phase II of the agreement TSG has earned $90,000 in fees. Travel and other
reimbursable expenses over the life of the contract have been $6,931.
GROWTH MANAGEMENT IMPACT: The is no impact to the Growth Management Plan with this
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action.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality and requires majority vote for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners terminate Agreement #18-7404,
“Collier County Naming Rights and Sponsorship,” with The Superlative Group, for convenience, and
send notice to the Contractor.
Prepared by: Sean Callahan, Executive Director, Corporate Business Operations
ATTACHMENT(S)
1. Item 16.F.8 TSG Contract - 1.28.20 Agenda (PDF)
16.F.2
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01/28/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.2
Doc ID: 11396
Item Summary: Recommendation to terminate Agreement #18-7294, “Collier County Naming
Rights and Sponsorship,” with The Superlative Group, for convenience, and send notice to the
Contractor.
Meeting Date: 01/28/2020
Prepared by:
Title: – Corporate Business Operations
Name: Sean Callahan
01/20/2020 1:41 PM
Submitted by:
Title: – Corporate Business Operations
Name: Sean Callahan
01/20/2020 1:41 PM
Approved By:
Review:
Corporate Business Operations Sean Callahan Additional Reviewer Completed 01/20/2020 1:41 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/21/2020 8:21 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 01/21/2020 10:45 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/21/2020 2:07 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 01/22/2020 1:09 PM
Board of County Commissioners MaryJo Brock Meeting Pending 01/28/2020 9:00 AM
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Packet Pg. 1969 Attachment: Item 16.F.8 TSG Contract - 1.28.20 Agenda (11396 : Collier County Naming Rights and Sponsorship Agreement)
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