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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 16.F.2 Packet Pg. 1966 01/28/2020 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 Packet Pg. 1967 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 16.F.2 Packet Pg. 1968 16.F.2.a Packet Pg. 1969 Attachment: Item 16.F.8 TSG Contract - 1.28.20 Agenda (11396 : Collier County Naming Rights and Sponsorship Agreement) 16.F.2.a Packet Pg. 1970 Attachment: Item 16.F.8 TSG Contract - 1.28.20 Agenda (11396 : Collier County Naming Rights and Sponsorship Agreement) 16.F.2.a Packet Pg. 1971 Attachment: Item 16.F.8 TSG Contract - 1.28.20 Agenda (11396 : Collier County Naming Rights and Sponsorship Agreement) 16.F.2.a Packet Pg. 1972 Attachment: Item 16.F.8 TSG Contract - 1.28.20 Agenda (11396 : Collier County Naming Rights and Sponsorship Agreement) 16.F.2.a Packet Pg. 1973 Attachment: Item 16.F.8 TSG Contract - 1.28.20 Agenda (11396 : Collier County Naming Rights and Sponsorship Agreement) 16.F.2.a Packet Pg. 1974 Attachment: Item 16.F.8 TSG Contract - 1.28.20 Agenda (11396 : Collier County Naming Rights and Sponsorship Agreement) 16.F.2.a Packet Pg. 1975 Attachment: Item 16.F.8 TSG Contract - 1.28.20 Agenda (11396 : Collier County Naming Rights and Sponsorship Agreement) 16.F.2.a Packet Pg. 1976 Attachment: Item 16.F.8 TSG Contract - 1.28.20 Agenda (11396 : Collier County Naming Rights and Sponsorship Agreement) 16.F.2.a Packet Pg. 1977 Attachment: Item 16.F.8 TSG Contract - 1.28.20 Agenda (11396 : Collier County Naming Rights and Sponsorship Agreement) 16.F.2.a Packet Pg. 1978 Attachment: Item 16.F.8 TSG Contract - 1.28.20 Agenda (11396 : Collier County Naming Rights and Sponsorship Agreement) 16.F.2.a Packet Pg. 1979 Attachment: Item 16.F.8 TSG Contract - 1.28.20 Agenda (11396 : Collier County Naming Rights and Sponsorship Agreement) 16.F.2.a Packet Pg. 1980 Attachment: Item 16.F.8 TSG Contract - 1.28.20 Agenda (11396 : Collier County Naming Rights and Sponsorship Agreement) 16.F.2.a Packet Pg. 1981 Attachment: Item 16.F.8 TSG Contract - 1.28.20 Agenda (11396 : Collier County Naming Rights and Sponsorship Agreement) 16.F.2.a Packet Pg. 1982 Attachment: Item 16.F.8 TSG Contract - 1.28.20 Agenda (11396 : Collier County Naming Rights and Sponsorship Agreement) 16.F.2.a Packet Pg. 1983 Attachment: Item 16.F.8 TSG Contract - 1.28.20 Agenda (11396 : Collier County Naming Rights and Sponsorship Agreement) 16.F.2.a Packet Pg. 1984 Attachment: Item 16.F.8 TSG Contract - 1.28.20 Agenda (11396 : Collier County Naming Rights and Sponsorship Agreement) 16.F.2.a Packet Pg. 1985 Attachment: Item 16.F.8 TSG Contract - 1.28.20 Agenda (11396 : Collier County Naming Rights and Sponsorship Agreement) 16.F.2.a Packet Pg. 1986 Attachment: Item 16.F.8 TSG Contract - 1.28.20 Agenda (11396 : Collier County Naming Rights and Sponsorship Agreement) 16.F.2.a Packet Pg. 1987 Attachment: Item 16.F.8 TSG Contract - 1.28.20 Agenda (11396 : Collier County Naming Rights and Sponsorship Agreement) 16.F.2.a Packet Pg. 1988 Attachment: Item 16.F.8 TSG Contract - 1.28.20 Agenda (11396 : Collier County Naming Rights and Sponsorship Agreement) 16.F.2.a Packet Pg. 1989 Attachment: Item 16.F.8 TSG Contract - 1.28.20 Agenda (11396 : Collier County Naming Rights and Sponsorship Agreement) 16.F.2.a Packet Pg. 1990 Attachment: Item 16.F.8 TSG Contract - 1.28.20 Agenda (11396 : Collier County Naming Rights and Sponsorship Agreement) 16.F.2.a Packet Pg. 1991 Attachment: Item 16.F.8 TSG Contract - 1.28.20 Agenda (11396 : Collier County Naming Rights and Sponsorship Agreement) 16.F.2.a Packet Pg. 1992 Attachment: Item 16.F.8 TSG Contract - 1.28.20 Agenda (11396 : Collier County Naming Rights and Sponsorship Agreement)