Backup Documents 04/23/2019 Item #16F1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 F 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print 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 Attorney Office no later
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.
2.
3. County Attorney Office County Attorney Office CMG 5-6-19
4. BCC Office Board of County
Commissioners
5. Minutes and Records Clerk of Court's Office
a . 3 Aim
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/Tourism 239-252-2384
Contact/ Department
Agenda Date Item was April 23,2019 Agenda Item Number 16F1
Approved by the BCC
Type of Document Sponsorship Agreement in the annual amount of Number of Original One
Attached $440,035 between Collier County and MSNC, Documents Attached
LLC dba Football University for the 2019 and
2020 Football University National
Championships and make a finding that the
sponsorship expenditures promote tourism.
PO number or account N/A
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable • um , ''1 hever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature STAMP 0 4 CMG
2. Does the document need to be sent to another agency for ad•'tional signat,res? If yes, CMG
provide the Contact Information(Name; Agency; Address; P'one)on an ,ttached sheet.
3. Original document has been signed/initialed for legal sufficient . (All •ocuments to be CMG
signed by the Chairman, with the exception of most letters, must •= -viewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's CMG
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 CMG
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 CMG
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip CMG
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 April 23,2019 and all changes made during CMG
the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC, all changes directed by the BCC have been made, and the document is ready for the
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2. . ;Revised 11/30/12
16F1
MEMORANDUM
Date: May 8, 2019
To: Kelly Green, Tourist Tax Coordinator
Tourism Department
From: Teresa Cannon, Sr. Deputy Clerk
Minutes and Records Department
Re: Sponsorship Agreement with MSNC, LLC (Football University)
Attached for your records, one (1) copy of the document as referenced above
(Item #16F1) adopted by the Board of County Commissioners Tuesday, April 23,
2019.
An original was kept by the Minutes and Records Department as part of the
Board's Official Records.
If you have any questions, you may contact me at 252-8411.
Thank you.
Attachment
16 F 1
SPONSORSHIP AGREEMENT BETWEEN
COLLIER COUNTY AND FOOTBALL UNIVERSITY
THIS AGREEMENT is made and entered into thisa3cd day of , 2019,
by and between Collier County, a political subdivision of the State of Florida ("County"), and
MSNC, LLC dba Football University (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 2019 and 2020 Football University
National Championships (FBUNC) in Collier County sports venues including North Collier
Regional Park and selected Collier County High Schools; 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 2019 and
2020 FBUNC, to take place at Collier County sports facilities including North Collier
Regional Park and Collier County High School facilities in December of each year of this
agreement. As part of this commitment, FBU at its sole cost and expense, will also:
i. Provide the support services required by each Lease Agreement with either
the North Collier Regional Park and/or the Collier County School District. These
services 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 FBUNC.
ii. Negotiate and schedule the airing of up to three (3) :30 commercials
promotion Collier County as a visitor destination during the television broadcast of
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the 2019 and 2020 All-American Bowl in San Antonio TX, and three (3) :30
commercials in each of the age group Championship games that are either TV
broadcast on a major sports network or Live Streamed on a major provider of these
Live Streaming services in households all over the US.
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 National Championships in Naples using the #PathtoNaples branding
message.
3. Collier County agrees as follows:
A. In consideration of the above, County will pay FBU an annual Sponsorship Fee in
the sum of up to Four Hundred Thousand Dollars ($400,000.00) for the 2019 and for the
2020 FBU National Championships. Although this Sponsorship Fee is intended to help
FBU pay for its costs related to hosting the FBUNC event, FBU may use this fee in any
manner it deems fit. Each year. payment shall be made in three installments as follows:
i. The First Payment of($150,000.00)shall be paid to FBU within 45 days of
the County's approval of a 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 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 ($150,000.00) shall be paid to FBU upon
conclusion of the annual Top Gun Football Camp in Rock Hill and upon receipt
and approval of an FBU invoice. 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.
iii. The Third Payment of up to ($100,000.00) shall be paid to FBU within 45
days of the receipt and approval of a final invoice following the conclusion of each
year's FBU National Championship, and the backup information outlined below:
a. Proof that the Championship games in Naples were broadcast and
live streamed and three (3) :30 commercials ran in the broadcast
and/or live streaming of each of the age bracket Championship
games; and proof that up to three (3) :30 CVB commercials ran in
the national telecast of the All-American Bowl in San Antonio as
agreed to.
b. Submittal of a Post Event Report that documents the aggregate
participant and spectator attendance at the various FBUNC events
in Naples,and the number of accommodation room nights and direct
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visitor spending generated in Collier County by event participants
and spectators.
This third and final invoice, Post Event Report and all documentation shall be
submitted to the County within 30 days following the conclusion of the FBUNC in
Naples and the All-American Bowl in San Antonio.
The actual amount of this final payment may be adjusted downward from $100,000
to reflect any savings realized in the final accounting of the event operating
expenses.
All invoices are payable in compliance with Florida's Prompt Payment Act.
iv. The Collier County Tourist Division will enter into the Lease Agreement with
the Collier County School District and will pay the lease fees directly to the Collier
County School District. Any fees due to Collier County Parks and Recreation for
use of the North Collier Regional Park shall be paid by Collier County Tourism
Division directly.
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,and consider whether there should be
changes to this Agreement or to the Sponsorship Fee for the next year's event. To be
effective, any changes must be memorialized by an amendment to this Agreement. The
County Manager is authorized to extend this time frame on behalf of the County.
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:
i. Year-round promotion of the FBUNC on the CV B'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 FBUNC
participants and families.
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
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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 FBUNC event or at Collier County's request.
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
MSNC LLC, dba Football University
16 Maple Avenue
Morris Plains, NJ 07950
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, Florida 34104
Jack.Wert,c colliercountvfl.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.
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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
Commissioner~ and remain in effect through the FBUNC held in 2020. 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 between 12 and 18 months in advance of the
termination date. Following the giving of such notice, the parties will continue to abide with all
terms and conditions of this Agreement through the following year's FBUNC, which will be the
final event under this Agreement. 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 with 6
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, Football University shall maintain complete and accurate
accounting records, and shall maintain these records, books, documents, papers and financial
information pertaining 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 he 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
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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. It supersedes all prior
agreements, proposals, arrangements and communications,whether written or oral, with respect
to the subject matter hereof. Any prior 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.
IN WITNESS WHEREOF, MSNC LLC dba Football t'niversity 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 FAA TY .: k MISSIONERS
CRYSTAL. KlNll .,Clerk CO 0. , FLOR 1, OA
~ •GC By:
Collier Cokttny, Clerk %/liam L. McDaniel, Jr., Chairman
Attest hair man's
s n`Lure o0y MSNC, L ' dba 'ooh University
By: 4111111111111111F
'e Quinn, President
roved . to form and legality:
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olleen M. Greene, Assis ant.County Attorney
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