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Schefter: Pats Franchise Samuel


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A couple of notes.

IF the Patriots placed the exclusive tag on Samuel, his 2007 salary would be the average of the 5 highest adjusted cap numbers for cornerbacks as of 4/20/2007 - the end of the signing period for RFAs.

I would guess that number to be around $8.584 million.

Chris McAlister Baltimore $9,407,082
Patrick Surtain Kansas City $9,364,375
Champ Bailey Denver $8,998,100
Shawn Springs Washington $7,358,000
Asante Samuel New England $7,790,000

If the Patriots did not place the exclusive tag, I disagree with Patsfanken on what Samuel should do.

IMO, he should not sign the tender. He gives up any leverage that he has. Once he signs the tender, he can not talk to another team without the permission of the Patriots. Right now, he can talk to all 31 teams, work out a deal with them, and then ask the Patriots to agree to a sign and trade.

Please note that the Patriots have until 4PM 7/16 (7/15 is a Sunday) to come to a long-term deal with Asante. If they do not, Asante can only play for the Pats in 2007 on a one-year deal.

If Asante does not sign the tender, he will not be considered by the NFL to be a holdout if he misses mini-camp, TC, preseason games, etc.

Please note that it is likely that TC will open sometime during the week of the 7/15). A vet like Samuel can not be required to appear to TC earlier than (15) days (including one day for physical examinations) prior to its first scheduled pre-season game or July 15, whichever is later." 15 days prior to the 1st preseason game (8/2) is either 7/18 or 7/19.


I don't believe tag number factors into that calculation, but a new deal for Clements would so your figure is likely on the money.

I sense a spirit of cooperation early on from his agent predicated on his stated current belief that the Pat's aren't using the tag as a stall (tying him up while the early market flush plays itself out with no real intention of negotiating but rather just retaining him as a one year tag) but as he said a part of the process of getting him a long term deal (noting he didn't say a deal here, just a deal) meaning they either they move toward terms closer to what he's hearing as he talks to those other teams or agree to begin the process of jointly seeking out a trade with someone who will. Again, he said it is not their intention to hold out, which is not quite the same as saying he absolutely won't... But the early tenor of Shavers comments bodes well at this juncture for the two sides getting something done (deal or trade) other than waging an entrenched war against each other into August ala the Deion saga.

Somehow I cannot imagine Belioli paying this player top 5 money any more than I could imagine them paying it to Branch. Both are good players, and we could really use them, but at those prices I believe we move on and life goes on. And I agree that just accepting the tag gracefully is not in Asante's best long term interest when there is likely a deal available to him THIS season that would guarantee him almost twice that. He's just an injury away from we don't tag him a second time and he's Ty Law without the resume limping around looking for a deal with any bonus money come 2008.
 
According to AskTheCommish.com, that date was pushed back to the same as the UFA signing deadline:

http://www.askthecommish.com/freeagency/

But March 17 is the real date. If the Pats don't sign him to a long-term contract by then, they lose the franchise tag for the duration of any long-term contract they sign with him after March 17 and before July 20 or so.

The CBA says

http://www.nflpa.org/cba/cba_pdf/Article_XX_Franchise_and_Transition_Players.pdf

Any Club designating a Franchise Player shall have until 4:00 p.m., New York time, on July 15 of the League Year (or, if July 15 falls on a Saturday or Sunday, the first Monday thereafter) for which the designation takes effect to sign the player to a multi-year contract or extension. After that date, the player may sign only a one-year Player Contract with his Prior Club for that season, and such Player Contract may not be extended until after the Club’s last regular season game.
 
I don't believe tag number factors into that calculation,

The CBA says:
"The calculation of any five largest Salaries for the current League Year as of the end of the Restricted Free Agent signing period pursuant to Section 2(a)(ii) above shall include any Player Contract resulting from acceptance of any tender for the Prior League Year pursuant to Section 2(a)(i) or (a)(ii) above, provided that the player played during the Prior League Year pursuant to the tender, but shall not include (i) any Player Contract amount resulting from a renegotiation of an existing Player Contract between the time of the designation and any applicable later date or (ii) the amount of any term of a Player Contract renegotiated after the Monday of the tenth week of the regular season of the Prior League Year that provides for an unearned incentive to be treated as a signing bonus."
 
The CBA says

http://www.nflpa.org/cba/cba_pdf/Article_XX_Franchise_and_Transition_Players.pdf

Any Club designating a Franchise Player shall have until 4:00 p.m., New York time, on July 15 of the League Year (or, if July 15 falls on a Saturday or Sunday, the first Monday thereafter) for which the designation takes effect to sign the player to a multi-year contract or extension. After that date, the player may sign only a one-year Player Contract with his Prior Club for that season, and such Player Contract may not be extended until after the Club’s last regular season game.

Then where is AskTheCommish getting their info?
 
If I were Samuel, there is no way that I would sign the Patriots one-year tender before mini-camp unless the Patriots included in the contract a promise not to franchise Samuel next offseason.
 
The CBA says:
"The calculation of any five largest Salaries for the current League Year as of the end of the Restricted Free Agent signing period pursuant to Section 2(a)(ii) above shall include any Player Contract resulting from acceptance of any tender for the Prior League Year pursuant to Section 2(a)(i) or (a)(ii) above, provided that the player played during the Prior League Year pursuant to the tender, but shall not include (i) any Player Contract amount resulting from a renegotiation of an existing Player Contract between the time of the designation and any applicable later date or (ii) the amount of any term of a Player Contract renegotiated after the Monday of the tenth week of the regular season of the Prior League Year that provides for an unearned incentive to be treated as a signing bonus."


Is it different for the non exclusive calculation then - because I do recall reading when Adam was tagged that his tag figure did not count among the top 5 for calculating the following years tag. The paragraph you cite seems to be talking about the exclusive, and it seems to stipulate acceptance, which I take to mean only accepted tenders count (i.e. signed tags).
 
Is it different for the non exclusive calculation then - because I do recall reading when Adam was tagged that his tag figure did not count among the top 5 for calculating the following years tag. The paragraph you cite seems to be talking about the exclusive, and it seems to stipulate acceptance, which I take to mean only accepted tenders count (i.e. signed tags).
The CBA says
"The calculation of any five largest Prior Year Salaries shall include any Player Contract resulting from acceptance of a tender for the Prior Year pursuant to Section 2(a)(i) or (a)(ii) above, provided that the
player played during the Prior League Year pursuant to the tender, but shall not include the amount of any term of a Player Contract renegotiated after the Monday of the tenth week of the regular season of the Prior League
Year that provides for an unearned incentive to be treated as a signing bonus."

Adam was tagged under the old CBA. There are new rules in place. As part of the new CBA players who play under the franchise/transition tenders are now included in the franchise player calculations. Asante has about a million reasons to sign any exclusive tender. IMO, if Asante was given the exclusive tender, he would be doing himself a disservice by not signing it.
 
If I were Samuel, there is no way that I would sign the Patriots one-year tender before mini-camp unless the Patriots included in the contract a promise not to franchise Samuel next offseason.

Just to make sure I understand your point. You arent saying you wouldnt sign the tender at, just not sign it before mini-camp?
Out of curiousity, what is the difference? Bargaining power?

I think that he pretty much has to sign it, because there is too much money to leave on the table by holding out.
 
The CBA says
"The calculation of any five largest Prior Year Salaries shall include any Player Contract resulting from acceptance of a tender for the Prior Year pursuant to Section 2(a)(i) or (a)(ii) above, provided that the
player played during the Prior League Year pursuant to the tender, but shall not include the amount of any term of a Player Contract renegotiated after the Monday of the tenth week of the regular season of the Prior League
Year that provides for an unearned incentive to be treated as a signing bonus."

Adam was tagged under the old CBA. There are new rules in place. As part of the new CBA players who play under the franchise/transition tenders are now included in the franchise player calculations. Asante has about a million reasons to sign any exclusive tender. IMO, if Asante was given the exclusive tender, he would be doing himself a disservice by not signing it.


Okey dokey - that explains for me what happened up in Buffalo last spring when Fletcher-whatshisnames tag figure jumped. But if the difference of $700K makes all the difference in signing a tag this year, why would that player want the tag possibility waived next season when he's looking at $10M plus given the 120% bump in year 2 tags (and he's still only 27)? Is it because the exclusive can't be pulled?
 
But if the difference of $700K makes all the difference in signing a tag this year,

I did not say that.

I am arguing that as an exclusive franchise player it does not make sense to me to forgo $700K dollars just to miss mini-camps and TC. IMO, there is no way that Asante is going to give up missing a $458,000 paycheck during the regular seaon. What leverage does an exclusive franchise player have??? Only the withdrawal of his services. Is it really worth $700K to maybe be a distraction?? I do not think so.
 
I did not say that.

I am arguing that as an exclusive franchise player it does not make sense to me to forgo $700K dollars just to miss mini-camps and TC. IMO, there is no way that Asante is going to give up missing a $458,000 paycheck during the regular seaon. What leverage does an exclusive franchise player have??? Only the withdrawal of his services. Is it really worth $700K to maybe be a distraction?? I do not think so.

If he had a great contract prior to this, he might cause a problem. He is working from a rookie contract. I agree with you.
 
Ask them, not me:)

Here are some dates from the AtlantaFalcons.com calendar, ableit from 2006:

FEBRUARY
23: Deadline at 4 p.m., New York time, for clubs to designate Franchise and Transition Players.
24: From this date until 4 p.m., New York time, on March 17, 2006 a Club that executes a multi-year Contract with its designated Franchise Player shall not be deemed to have used its Franchise Player designation for the following League Year.

MARCH
17: Deadline at 4 p.m., New York time, for Club to execute multi-year Player Contract with its designated Franchise Player while still retaining its Franchise Player designation for the following year. If a multi-year contract is not executed prior to this deadline, rules set forth in CBA Article XX, Section 9 will apply to any multi-year contract or extension subsequently executed by Club and player.

JULY
14: Any club designating a Franchise Player shall have until 4 p.m., New York time, to sign the player to a multi-year contract or extension. After July 14 the player may sign only a one-year Player Contract with his Prior Club, and such Player Contract may not be extended until after the club's last regular season game.
15: On or after this date a club that extends an existing Player Contract for a Franchise Player shall not be deemed to have utilized its Franchise Player designation for the period of the extension.
 
From the 2006 NFL.Com free agency page -
http://www.nfl.com/freeagency

"If a franchise player signs a multiyear contract with his current club between February 23 and July 15, the club retains its franchise player designation for the following league year. After July 15, any contract signed by a franchise player can only be for one year.
[/B]

From Pro Football Talk.Com
http://profootballtalk.com/7-1-06through7-15-06.htm
"We've obtained more information regarding the NFL's interpretation of the new rule regarding the signing of franchise players to long-term deals. As it turns out, our previous analysis of the rule was partially wrong (but also partially right).

Under the prior CBA, a multi-year deal signed by the franchise player and his team prior to July 15 resulted in the loss of the franchise tag for the full duration of the contract (barring circumstances such as retirement or career-ending injury). After July 15, a multi-year deal could be executed between the franchise player and the team, without consequence.

NFL spokesman Greg Aiello tells us the procedure has changed in light of the revised CBA: "Under the new agreement, a club has until 4:00 p.m. (New York time) on July 15 to sign its designated Franchise Player to a multi-year contract or extension. After the deadline, the player may sign only a one-year contract with his prior club, and that contract may only be extended after the club's last regular season game." (Aiello also advised us that, because July 15 fell on a Saturday, the actual deadline this year would have been Monday, July 17 at 4:00 p.m. EDT.)

For now, the controlling language is the "Term Sheet" negotiated by the NFL and the NFL Players Association in March. Per the exact language of the Term Sheet, "FP signed to multi-year contract before 7/15 results in loss of designation for only one year; any contract signed after that date through the end of the season can be only for one year."

The NFL's position regarding this provision, then, is that a long-term deal signed prior to July 15 now restores the franchise tag for the following season. But we (and possibly many others in and around the league) interpreted the phrase "loss of designation for only one year" to mean that the team would forfeit the ability to use the tag in the following season.

Here's why. First, we considered the new rule in light of the old one. Previously, signing a multi-year deal before July 15 forfeited the tag for the life of the contract. Now, it's lost "for only one year."

Second, the phrase "loss of designation for only one year" is meaningless if it refers to the current league year, because the CBA plainly states at Article XX, Section 1 that "each Club shall be permitted to designate one of its players who would otherwise be an Unrestricted Free Agent as a Franchise Player each season during the term of this Agreement." (Emphasis added.) Thus, it's impossible for a team to: (1) designate a franchise player; (2) sign the franchise player to a multi-year term deal; and (3) use the franchise tag on another player. Common sense suggests that, since there's no designation to be lost in the current year since the designation can't be re-used, the key phrase in the Term Sheet applies to the next league year.

In this regard, it's important to keep in mind the fact that Aiello has provided us with only the Management Council's interpretation of the rule. At this point, it's not clear whether the NFLPA agrees. Though we're attempting to obtain more information regarding the union's position, it's possible that the union will contend that the Detroit Lions have lost the ability to use the franchise tag in 2007 by signing Jeff Backus to a long-term deal.

The issue, however, most likely won't become relevant unless and until the Lions attempt to use the franchise tag in 2007. Then, the union could file a grievance in the name of the player whom the Lions are attempting to restrict via the franchise tag, arguing that the Lions have no tag to use.

Before then, however, the NFL and the NFLPA surely will be revisiting this provision during the process of incorporating the Term Sheet into the CBA. If, however, the two sides had finished the job before July 15, the Lions would likely have had a greater level of certainty as to whether a long-term deal with Jeff Backus triggered the loss of the tag for 2007, or not at all.

Regardless of whether the tag is lost for a year or not at all for deals signed before July 15, the fact remains that no multi-year contract could have been signed by the Lions and their 2006 franchise player after July 15.

Thus, contrary to other reports regarding the issue, the Lions would not have lost their franchise tag for the duration of the Backus contract if a long-term contract had been signed after July 15. Instead, as Aiello advised us, a multi-year deal after July 15 could not have been executed or approved.

So under the NFL's interpretation of the new July 15 rule, the Lions at no time were in danger of losing their franchise tag for 2007 or beyond. As Aiello said, "[T]here is no longer any scenario under which a club would lose its tag for future years. They either do a multi-year deal before the deadline (and keep the tag), or they do a one-year deal after the deadline (and keep the tag)."

In fairness to the league, the NFL's position isn't something that was developed within the past few days. In an NFL.com item dated March 11, the league explained that the franchise player could be signed to a long-term deal before July 15 without losing the ability to use the tag in the future.

Stay tuned, possibly, for the union's position on this".

Well, my take is based on the CBA as posted on the union's website.
 
From the 2006 NFL.Com free agency page -
http://www.nfl.com/freeagency

"If a franchise player signs a multiyear contract with his current club between February 23 and July 15, the club retains its franchise player designation for the following league year. After July 15, any contract signed by a franchise player can only be for one year.
[/b]

From Pro Football Talk.Com
http://profootballtalk.com/7-1-06through7-15-06.htm
"We've obtained more information regarding the NFL's interpretation of the new rule regarding the signing of franchise players to long-term deals. As it turns out, our previous analysis of the rule was partially wrong (but also partially right).

Under the prior CBA, a multi-year deal signed by the franchise player and his team prior to July 15 resulted in the loss of the franchise tag for the full duration of the contract (barring circumstances such as retirement or career-ending injury). After July 15, a multi-year deal could be executed between the franchise player and the team, without consequence.

NFL spokesman Greg Aiello tells us the procedure has changed in light of the revised CBA: "Under the new agreement, a club has until 4:00 p.m. (New York time) on July 15 to sign its designated Franchise Player to a multi-year contract or extension. After the deadline, the player may sign only a one-year contract with his prior club, and that contract may only be extended after the club's last regular season game." (Aiello also advised us that, because July 15 fell on a Saturday, the actual deadline this year would have been Monday, July 17 at 4:00 p.m. EDT.)

For now, the controlling language is the "Term Sheet" negotiated by the NFL and the NFL Players Association in March. Per the exact language of the Term Sheet, "FP signed to multi-year contract before 7/15 results in loss of designation for only one year; any contract signed after that date through the end of the season can be only for one year."

The NFL's position regarding this provision, then, is that a long-term deal signed prior to July 15 now restores the franchise tag for the following season. But we (and possibly many others in and around the league) interpreted the phrase "loss of designation for only one year" to mean that the team would forfeit the ability to use the tag in the following season.

Here's why. First, we considered the new rule in light of the old one. Previously, signing a multi-year deal before July 15 forfeited the tag for the life of the contract. Now, it's lost "for only one year."

Second, the phrase "loss of designation for only one year" is meaningless if it refers to the current league year, because the CBA plainly states at Article XX, Section 1 that "each Club shall be permitted to designate one of its players who would otherwise be an Unrestricted Free Agent as a Franchise Player each season during the term of this Agreement." (Emphasis added.) Thus, it's impossible for a team to: (1) designate a franchise player; (2) sign the franchise player to a multi-year term deal; and (3) use the franchise tag on another player. Common sense suggests that, since there's no designation to be lost in the current year since the designation can't be re-used, the key phrase in the Term Sheet applies to the next league year.

In this regard, it's important to keep in mind the fact that Aiello has provided us with only the Management Council's interpretation of the rule. At this point, it's not clear whether the NFLPA agrees. Though we're attempting to obtain more information regarding the union's position, it's possible that the union will contend that the Detroit Lions have lost the ability to use the franchise tag in 2007 by signing Jeff Backus to a long-term deal.

The issue, however, most likely won't become relevant unless and until the Lions attempt to use the franchise tag in 2007. Then, the union could file a grievance in the name of the player whom the Lions are attempting to restrict via the franchise tag, arguing that the Lions have no tag to use.

Before then, however, the NFL and the NFLPA surely will be revisiting this provision during the process of incorporating the Term Sheet into the CBA. If, however, the two sides had finished the job before July 15, the Lions would likely have had a greater level of certainty as to whether a long-term deal with Jeff Backus triggered the loss of the tag for 2007, or not at all.

Regardless of whether the tag is lost for a year or not at all for deals signed before July 15, the fact remains that no multi-year contract could have been signed by the Lions and their 2006 franchise player after July 15.

Thus, contrary to other reports regarding the issue, the Lions would not have lost their franchise tag for the duration of the Backus contract if a long-term contract had been signed after July 15. Instead, as Aiello advised us, a multi-year deal after July 15 could not have been executed or approved.

So under the NFL's interpretation of the new July 15 rule, the Lions at no time were in danger of losing their franchise tag for 2007 or beyond. As Aiello said, "[T]here is no longer any scenario under which a club would lose its tag for future years. They either do a multi-year deal before the deadline (and keep the tag), or they do a one-year deal after the deadline (and keep the tag)."

In fairness to the league, the NFL's position isn't something that was developed within the past few days. In an NFL.com item dated March 11, the league explained that the franchise player could be signed to a long-term deal before July 15 without losing the ability to use the tag in the future.

Stay tuned, possibly, for the union's position on this".

Well, my take is based on the CBA as posted on the union's website.

So it looks like the whole March 17 rule is gone...
 
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