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Agenda 10/10/2017 Item #16F 610/10/2017 EXECUTIVE SUMMARY Recommendation to approve the 2017 Football University (FBU) event operating and promotional expenses support budget of $372,000 and $140,000 for media expenses using Tourist Development Tax Promotion Funds, approve and authorize the Chair to execute the First Amendment to the Agreement with All American Games, and make a finding that this event promotes tourism. ____________________________________________________________________________________ OBJECTIVE: Approve local event, promotional and media coverage expenses for the Football University (FBU) National Championships in Collier County. CONSIDERATIONS: The FBU event has been hosted in Collier County for three consecutive years. This is a national championship football event showcasing the best sixth, seventh and eighth grade football teams and stars from around the nation. This year FBU will be adding the best 9 & 10-year-old players to the championships in addition to hosting the Freshman All American Game in Collier County this year. The event has been televised (locally/nationally) for the past three years and has brought great exposure to our community. The event takes place December 17-21, 2017 prior to the busy Christmas to New Year’s holiday period. Based on the success of the past three years, the organizer of the FBU event, All American Games (AAG), plans to double the size of the event from 24 teams to 48 teams. This growth would bring added overnight visitors and additional spending to our community during a slower part of the year. The following is a breakdown of the impact of the proposed 2017 event: 2017 Projections (Over Last Year) Teams 48 (from 24) Visitors 6,091 (from 4346) Location of teams Destination Target Markets Economic Impact $3 Million (from $1.2 Million) Hotel TDT $31,275 (from $12,510) Room Nights 4,500 (from 2,250) Proposed FBU National Championship Expenses 2017 Phase I: Promotional Items Up to $170,000 Adidas player jerseys with CVB logo, Facebook posts from regional qualifier games using #PathtoNaples and #ParadiseCoast and copies of other event marketing materials with “Path to Naples” indicated and our logo clearly visible. Payable Upon receipt of deliverables Deliverables: Upon documentation from FBU to Collier County confirming receipt of Adidas player jerseys and screen shots of Facebook posts during qualifying games with players wearing the CVB logoed jerseys. Screenshots or other evidence of other marketing materials showing the CVB logo and to promote the Path to Naples Championship games in Naples. Phase 2: Event Operations & Player Experience Up to $90,000 Staff Cost including Referees, officials, clock operators, event site managers, Orientation event supplemental costs. Payable Upon receipt of deliverables Deliverables: Invoices from all vendors and proof of payment to support cost to be reimbursed 10/10/2017 including the cost of the Beach Party at the Naples Beach Hotel, or other approved location. Player Orientation extra costs, Transportation, Trophies, daily schedules to substantiate the event staff hours cost for reimbursement. Phase 3: Media & Event Promotion $140,000 Reimbursed to AAG/FBU by Paradise Advertising & Marketing, Inc. for the live streaming of the Championship games in Naples by Eleven Sports, and the NBC Network broadcast of the All- American Bowl in San Antonio, TX featuring two Naples tourism :30 TV spots. In addition to the costs detailed above, there will be $112,000 in hosting costs. Payable Upon receipt of deliverables Breakdown of event operating expenses: Hosting Expenses to be Paid by Collier County directly to local vendors Vendor Projected Cost- To be scheduled by CVB staff Venue Rental Fees $65,000- To Collier County Public Schools City of Naples for Fleishman Park, Community School and North Collier Regional Park as facilities to meet the needs of the FBU event per FBU contract attached. Security $20,000- To City of Naples Police and Collier County Sherriff Department EMS $10,000- To Collier County EMS Operating Event Contingency $5,000- Will obtain quotes per the Board’s Procurement Ordinance from local approved vendors. Athletic Trainers $12,000 Not to Exceed- To be scheduled by FBU Staff and reimbursed by Collier County. Total Hosting Cost $112,000 Expenses to be Paid by FBU and Reimbursed by Collier County FBU staff to Schedule. Staff costs to include Game Officials, Clock Operators, Event Site Managers, Clean Up Crews, Ticket Takers, Game Announcers and Photographer Event Operations and Player Experience $90,000-Staff Costs, Event Orientation, Beach Party, Trophies and Transportation. Promotional/Marketing Costs $170,000-CVB Logo, Player Jersey’s, Facebook Posts and all other Event Marketing Materials. Reimbursable Cost not to Exceed $260,000 Media Expenses To be paid by Advertising Agency $140,000 - Eleven Sports to live stream and televise Championship games. Two commercial spots on NBC in the Army All American Bowl. Total Media Cost $140,000 10/10/2017 Total to be Paid by Collier County $512,000 The FBU staff has indicated that with the expansion of teams, they will need a total of 6 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 18 in the amount of $140,000. Increases in field fees, transportation, and other event support expenses will not exceed $202,000. FISCAL IMPACT: Funding for the FBU event is provided in the FY 18 TDC Tourism Promotion Fund (184) budget. Total cost of hosting this event is $512,000. This includes $170,000 in Promotional Items, $90,000 in Event Operations and Player Experience and $112,000 in Hosting Costs. An additional $140,000 in media purchases for live streaming of the championship games in Naples by Eleven Sports, and the NBC Network broadcast of the All-American Bowl in San Antonio, TX featuring two Naples tourism 30 second TV spots. 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 7-1 at the September 25, 2017 meeting. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. - CMG RECOMMENDATION: Recommendation to approve the 2017 Football University (FBU) event operating expenses of $202,000, $170,000 in promotional items and $140,000 in media expenses (total $512,000) using Tourist Development Tax Promotion Funds, approve and authorize the Chair to execute the First Amendment to the Agreement with All American Games, and make a finding that this event promotes tourism. Prepared by: Jack Wert, Tourism Division Director ATTACHMENT(S) 1. Amendment 1 (PDF) 2. FBU Executed Agreement 2016 (PDF) 10/10/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.F.6 Doc ID: 3802 Item Summary: Recommendation to approve the 2017 Football University (FBU) event operating and promotional expenses support budget of $372,000 and $140,000 for media expenses using Tourist Development Tax Promotion Funds, approve and authorize the Chair to execute the First Amendment to the Agreement with All American Games, and make a finding that this event promotes tourism. Meeting Date: 10/10/2017 Prepared by: Title: Tourist Development Tax Coordinator – Tourism Name: Kelly Green 09/27/2017 8:17 AM Submitted by: Title: Division Director - Tourism – Tourism Name: Jack Wert 09/27/2017 8:17 AM Approved By: Review: Tourism Ed Caum Deputy Director Review Completed 09/27/2017 8:21 AM Tourism Jack Wert Director Review Completed 09/27/2017 3:33 PM County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 09/27/2017 3:55 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/28/2017 9:08 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/28/2017 10:28 AM County Manager's Office Tim Durham Executive Director- Corp Business Ops Completed 09/28/2017 12:22 PM Budget and Management Office Ed Finn Additional Reviewer Completed 09/29/2017 7:23 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/03/2017 1:21 PM Board of County Commissioners MaryJo Brock Meeting Pending 10/10/2017 9:00 AM Amendment #1 to County Agreement with ALL AMERICAN GAMES Re: FBU National Championship 2017 This amendment, dated this _ day of September, 2017 to the referenced Agreement with ALL AMERICAN GAMES dated April 12, 2016, shall be by and between the parties to the original Agreement, ALL AMERICAN GAMES ("Vendor") and Collier County, Florida, ("County"). Statement of Understanding RE: Football University ("FBA") National Championship 2017 In order to continue the services provided for in the original Contract document referenced above, the Vendor agrees to amend the Agreement as follows: Note: Language deleted has been stmek thfoug". New language has been underlined. The FBU National Championship is scheduled for December 9 — 21, 2017. Section G. Term and Termination. 1. The term of this Agreement shall commences 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. If Collier County does not exercise their renewal option to host the 2018 FBU Championships by March 31 2018 this Agreement will terminate effective that date. Each party may immediately terminate this Agreement for any reason' teh by the ethepvaft-� thirty (30) -days of written notice of such bfeaeh termination. Schedule IIA FBU National Championship Expenses 2017 is hereby attached to this Amendment #1 and incorporated by reference. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the parties have each, respectively, by an authorized person or agent, have executed this Amendment on the date(s) indicated below. SIGNATURE PAGE TO FOLLOW Page 1 of 2 0�0 Dwight E. Brock, Clerk BY: Vendor's First Witness: By: Signature Print Name Vendor's Second Witness: By: Signature Print Name Approved as to form and legality: Assistant County Attorney Accepted: 2017 OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Penny Taylor, Chairman VENDOR: ALL AMERICAN GAMES By: Signature Print Name and Title Page 2 of 2 Schedule II — A Expenses for FBU 2017 The following plan will be followed to reimburse the event sponsorship cost of the Football University (FBU) event in Naples FL, December 9-21, 2017, presented by All American Games (AAG). Phase I: Promotional Items $170,000 Adidas player jerseys with CVB logo, Facebook posts from regional qualifier games using #Path to Naples and #ParadiseCoast and copies of other event marketing materials with "Path to Naples" indicated and our logo clearly visible. Payable: Upon documentation of receipt of uniforms Deliverables: Upon documentation from FBU to Collier County confirming receipt of Adidas player jerseys and screen shots of Facebook posts during qualifying games with players wearing the CVB logoed jerseys. Screenshots or other evidence of other marketing materials showing the CVB logo and to promote the Path to Naples Championship games in Naples. Phase 2: Event Operations & Player Experience $90,000 Staff Cost including Referees, officials, clock operators, event site managers, Orientation event supplemental costs. Payable Upon documentation of receipt of vendors being paid Deliverables: Invoices from all vendors and proof of payment to support cost to be reimbursed including the cost of the Beach Party at the Naples Beach Hotel, or other approved location, Player Orientation extra costs, Transportation, Trophies, daily schedules to substantiate the event staff hours cost for reimbursement. Phase 3: Media & Event Promotion $140,000 Reimbursed to AAG/FBU by Paradise Advertising & Marketing, Inc. for the live streaming of the Championship games in Naples by Eleven Sports, and the NBC Network broadcast of the All- American Bowl in San Antonio, TX featuring two Naples tourism :30 TV spots. Payable Jan. 31, 2018 D�o Deliverables: Affidavits from NBC and Eleven Sports documenting when and where the CVB's TV spots ran, program ad tear sheets, social media screen shots, photos of event signage, Alamo Dome video boards and scripts of PA announcements during All American Bowl. Total Sponsorship Paid to FBU by County: $400,000 C90 ALL AMERICAN 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. Il. Snonsorshin / Operational Event Costs includine essential site costs such as field rental fees local transportation of teams, medical coverage at events, officials. hospitality, sitecosts. 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. 111. 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. CSO 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 terns 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. Ufa Naples Sponsorship Agreement Page 2 B. Representations. Warranties and Indemnifications. Collier Count), 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. 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. GNaples Sponsorship Agreement Page 3 E. Limitation of Liability. 1. IN NO EVENT NO PARTY HERETO SHALL BE LIABLE TO THE ANOTHER, OR ANY THIRD PARTY. FOR ANY INCIDENTAL. CONSEQIJENTIAL, 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 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. L 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 Naples Sponsorship Agreement Page 4 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. 1. 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 Maieure. 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, Naples Sponsorship Agreement Page 5 • ; W 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 i ifs<<►f�.'Aii�1► ATTES.�': r DWIC14T £. RRLERK W�Mrgerk Approvgd ai; toorni and legality: olleen M. Greene Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: 10 jt�& A Do a xa a. Chairman Dated: CAQ Naples Sponsorship Agreement Page 6 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 forspecialty 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. O1 Naples Sponsorship Agreement pane 7 V