Agenda 04/13/2021 Item #16F2 (Assumption Agreement w/3 Step Sports)04/13/2021
EXECUTIVE SUMMARY
Recommendation to approve an Assignment and Assumption Agreement with 3 Step Sports, LLC,
for continued hosting of the Football University Top Gun Showcase and National Championships at
the Paradise Coast Sports Complex.
OBJECTIVE: To approve an assumption agreement to continue to host the Football University (FBU)
Top Gun Showcase and National Championships.
CONSIDERATIONS: On July 14, 2020, as Item 16.F.9, the Board of County Commissioners approved
an agreement with Football University, LLC to host the 2020 - 2025 FBU Top Gun Show Case and
National Championships. The 2020 FBU National Championship was responsible for bringing 3,816
room nights to Collier County, generating $485,786 in revenue.
In March 2021, Football University, LLC was purchased by 3 Step Sports, LLC. 3 Step Sports, LLC has
agreed to assume the existing contract and continue conducting the event at the Paradise Coast Sports
Complex. Steve Quinn, President of FBU, LLC has an agreement to stay on as an employee of 3 Step
Sports for the duration of the contract.
FISCAL IMPACT: There is no fiscal impact associated with this action.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
item.
ADVISORY BOARD RECOMMENDATION: The Tourist Development Council recommended
approval of this item 8-0 at the June 22, 2020 meeting.
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 approve an Assignment and
Assumption Agreement with 3 Step Sports, LLC, for continued hosting of the Football University Top
Gun Showcase and National Championships at the Paradise Coast Sports Complex.
Prepared by: Sean Callahan, Executive Director, Corporate Business Operations
ATTACHMENT(S)
1. FBU Assumption Agreement 03.2021 (PDF)
2. Ex. A to Assumption Agreement - FBU Contract (PDF)
16.F.2
Packet Pg. 1367
04/13/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.2
Doc ID: 15413
Item Summary: Recommendation to approve an Assignment and Assumption Agreement with 3
Step Sports, LLC, for continued hosting of the Football University Top Gun Showcase and National
Championships at the Paradise Coast Sports Complex.
Meeting Date: 04/13/2021
Prepared by:
Title: – Corporate Business Operations
Name: Sean Callahan
03/25/2021 4:46 PM
Submitted by:
Title: – Corporate Business Operations
Name: Sean Callahan
03/25/2021 4:46 PM
Approved By:
Review:
Corporate Business Operations Jennifer Reynolds Additional Reviewer Completed 03/26/2021 8:18 AM
Corporate Business Operations Sean Callahan Additional Reviewer Completed 03/30/2021 10:50 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/30/2021 11:33 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/31/2021 12:29 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 03/31/2021 5:03 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 04/01/2021 10:55 AM
Board of County Commissioners MaryJo Brock Meeting Pending 04/13/2021 9:00 AM
16.F.2
Packet Pg. 1368
16.F.2.a
Packet Pg. 1369 Attachment: FBU Assumption Agreement 03.2021 (15413 : FBU Assumption Agreement)
16.F.2.a
Packet Pg. 1370 Attachment: FBU Assumption Agreement 03.2021 (15413 : FBU Assumption Agreement)
1 F9
SPONSORSHIP AGREEMENT BETWEEN
COLLIER COUNTY AND FOOTBALL UNIVERSITY,LLC
FBU NATIONAL TOP GUN SHOWCASE
FBU NATIONAL CHAMPIONSHIPS
THIS AGREEMENT is made and entered into this i day of . . . .. , 2020,
by and between Collier County, a political subdivision of the State of Florida ("0 nty"), 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'Fax; and
WHEREAS,the Collier County Tourist Development Tax 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 is currently a Party to two Sponsorship Agreements with Collier County
to host the FBU National Championships (each December 2019 and 2020) and to host the FBU
Top Gun Showcase (each summer 2020 through 2022); and
WHEREAS, the Parties to the Sponsorship Agreements wish to continue the Agreements
to host these two events each year from 2020 through 2025; and
WHEREAS, the Parties to the Sponsorship Agreements wish to consolidate the two
Agreements into one Agreement as memorialized herein; 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 two
proposed events promote 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 FBU
National Championship (FBUNC) to take place in Collier County in December
2020 through 2025,and the Top Gun Showcase, to take place at the Collier County
Paradise Coast Sports Complex each year starting July 2020 through July 2025. As
part of this commitment, FBU at its sole cost and expense,will also:
20-TDC-00185/1547902/11 1
G:\SPORTS MARKETING\SPORTS MARKETING\FBU\2019 CAO
16.F.2.b
Packet Pg. 1371 Attachment: Ex. A to Assumption Agreement - FBU Contract (15413 : FBU Assumption Agreement)
16 F9
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 events of this size. These requirements 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 FBUNC and
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
not limited to providing other Collier County Parks and Recreation
Facilities for use for the FBUNC and the Top Gun Showcase.
ii. 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 and the FBUNC in Naples using the#PathtoNaples
branding message.
iii. In further consideration of the above, starting in Fiscal Year 2021,and at no
additional cost to the County, FBU will deliver four (4) additional self-operated
events at the Paradise Coast Sports Complex in the first two years of this
Agreement. Examples of these additional events would be a Southwest Florida
Championship, 7 v 7 tournament, Spring tackle or flag football championship,
Florida Regional Jamboree or National Football Alliance.
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 Four Hundred Thousand Dollars ($400,000) each year for the 2020 through 2025
FBU National Championships. Although this Sponsorship Fee is intended to help FBU pay
for its costs related to hosting the FBU National Championships event, FBU may use this
fee in any manner it deems fit.
B. In further 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 through
2025 FBU Top Gun Showcase. Although this Sponsorship Fee is intended to help FBU
pay for its costs related to hosting the FBU Top Gun Showcase, FBU may use this fee in
any manner it deems fit.
C. Each year, payment shall be made in 5 installments as follows:
1. The First Payment of Fifty-thousand dollars ($50,000.00) for the FBU Top
Gun Showcase each year 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 selection process to identify the participants for the Top Gun
Showcase event in Naples. Such notice will be provided in a written statement of
the process FBU will follow in preparation for the Top Gun Showcase at the
Paradise Coast Sports Complex. Documentation will also include proof of onsite
20-TDC-00185/1547902/1]2
G:\SPORTS MARKETING\SPORTS MARKETING\FBU\2019
CAa
16.F.2.b
Packet Pg. 1372 Attachment: Ex. A to Assumption Agreement - FBU Contract (15413 : FBU Assumption Agreement)
Il F9
activation of the CVB logo and#PathtoNaples branding on all Top Gun Showcase
promotional placement 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.
2.The Second Payment of One Hundred Fifty Thousand dollars ($150,000)
shall be paid to FBU each year for the FBU Football Championships within 45 days
of the County's approval of a receipt of an invoice and the written notice that the
Football University Camps have commenced and a schedule is provided by FBU
of those camps. Documentation will be included of the pre-promotion of the
FBUNC event and social media posts promoting FBUNC event in Naples using
PathtoNaples branding at all FBU events, media placement promoting the
qualifying rounds such as social media, e-newsletters, digital advertising, website
updates, and website banner ads on the FBU website and other football related
websites. All marketing, promotion and advertising must include the CVB logo as
provided by Collier County to FBU.
3.The Third Payment of Fifty-thousand dollars($50,000.00)for the FBU Top
Gun Showcase each year shall be paid to FBU within 45 days from the conclusion
of the Top Gun Showcase event 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.
4. The Fourth Payment of One Hundred Twenty-five thousand dollars
125,000) shall be paid to FBU each year for the FBU National
Championships(FBUNC) upon conclusion of the qualifying rounds of the FBUNC
and upon receipt and approval of the FBU invoice. Evidence of the conclusion of
those qualifying round events may include video, social media posts, event
announcer read scripts and local use of the CVB logo.
5.The Fifth and final payment of up to One Hundred Twenty-five thousand
dollars ($125,000.00) shall be paid to FBU each year for the FBUNC within 45
days of the receipt and approval of a final invoice following the conclusion of each
year's FBUNC event, and the backup information outlined below:
a.Proof that the FBU National Championship games in Naples were
broadcast and live streamed and a minimum of three (3) :30 CVB
supplied commercials ran in the broadcast and/or live streaming of
each of the age bracket Championship games;and proof that two (2)
30 CVB commercials ran in the national telecast of the All-
American Bowl in San Antonio,TX as agreed to.
b.Submittal of a Post Event Report that documents the aggregate
participant and spectator attendance at the various FBUNC events
20-TDC-00185/1547902/1)3
G:\SPORTS MARKETING\SPORTS MARKETING\FBU\2019
CAC
16.F.2.b
Packet Pg. 1373 Attachment: Ex. A to Assumption Agreement - FBU Contract (15413 : FBU Assumption Agreement)
t6Fy
in Naples including Regional Qualifiers, and the number of
accommodation room nights and direct visitor spending generated
in Collier County by FBUNC events participants and spectators.
This Fifth 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, TX, whichever date is later.
6. All invoices are payable in compliance with Florida's Prompt Payment Act.
7.Within 45 days from the County's receipt of the FBU final invoice, the
Parties shall meet to discuss the next year's FBU National Championship and FBU
Top Gun Showcase events and the results of any new football events brought to
Colleir County by FBU during that year. At that time, the Parties will review the
information provided by FBU as part of its invoice submissions and consider
whether changes are needed to this Sponsorship Agreement for the following years'
events. To be effective, any changes must be memorialized by an Amendment to
the Agreement. The County Manager or his designee is authorized to extend this
time frame on behalf of the County.
4.In addition to paying a Sponsorship Fee, Collier County shall assist FBU in its hosting of
these two events, which will include some or all of the following on an as needed basis:
i. Year-round promotion of the FBUNC and 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 FBUNC and 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
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
5. 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
20-11DC-00185/1547902/1j 4
G:\SPORTS MARKETING\SPORTS MARKETING\FBU\2019 F'
kC I\
16.F.2.b
Packet Pg. 1374 Attachment: Ex. A to Assumption Agreement - FBU Contract (15413 : FBU Assumption Agreement)
l6F9
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.
6.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 and the FBUNC events or at Collier
County's request.
7. 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, Florida 34104
Jack.Wert@colliercountyfi.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.
9.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.
20 TDC-00185/1547902/11 5
G:\SPORTS MARKETING\SPORTS MARKETING\FBU\2019
CAO
16.F.2.b
Packet Pg. 1375 Attachment: Ex. A to Assumption Agreement - FBU Contract (15413 : FBU Assumption Agreement)
16F9
9. 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.
10. TERM: This Agreement shall become effective on approval by the Board of
Commissioners and remain in effect through December 31, 2025. There is no right to renew by
either party.
11. 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 the 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.
12. OPTION TO TERMINATE: Either party may terminate or cancel this Agreement on less
than 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.
13. 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
to work performed under this Agreement for a period of three (3) years, in compliance with
Chapter 119, the Florida Public Records Law.
14. 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.
15. 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.
16. 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.
17. 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
20-TDC-00185/1547902/1]6
G:\SPORTS MARKETING\SPORTS MARKETING\FBU\2019
16.F.2.b
Packet Pg. 1376 Attachment: Ex. A to Assumption Agreement - FBU Contract (15413 : FBU Assumption Agreement)
16F9
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.
18. ENTIRE AGREEMENT: This Agreement sets out the entire agreement between Collier
County and FBU with respect to the subject matter contained herein, the FBU National
Championships and the Top Gun Showcase for years 2020 through 2025. It supersedes all prior
agreements, proposals, arrangements and communications,whether written or oral, with respect
to both events, including but not limited to the parties' agreements and agreements related to FBU
National Championships and the 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.
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 COUNTY COMMISSIONERS
CRYSTAL,I 17 T,,,clerk COLLIER UNTY, FLO A
By: C By:
f1c Burt Saunders, Chairman
Attest as to '•: -.. • s-
slam-hire only.,, ,:'
r
T J 4 .p
c
By:
OOTBALL UNI SITY, LLC
Steve Quinn, Presi t
Approved as to form and legality:
f
olleen M. Greene
Managing Assistant County Attorney
Item# ‘`
Agendeht+'Date
Date S.fr2j)Rec'd
Re e •-
41:501_DePutY
20-TDC-00185/1547902/11 7
G:\SPORTS MARKETING\SPORTS MARKETING\FBU\2019
16.F.2.b
Packet Pg. 1377 Attachment: Ex. A to Assumption Agreement - FBU Contract (15413 : FBU Assumption Agreement)