(Photo by Jed Jacobsohn/Getty Images)
It seems like every year there’s one negotiation that stands out as the last remaining battleground between a player and a team. The fact that this year’s last man standing is Michael Crabtree is not surprising, for a few reasons:
1. Crabtree appears to have a “herd” of enablers around him, including a cousin who’s a self-proclaimed adviser and enjoyed his 15 minutes of fame earlier this summer when he announced that Crabtree might sit out the season.
2. Eugene Parker, Crabtree’s agent, is going to pursue his concept of “value” to the fullest extent and will be pleasant, professional and maddeningly patient in trying to get the deal he wants.
3. The 49ers were admittedly elated when Crabtree fell to them in the draft and have not wanted (and don’t want) to inject a contentious tone into the negotiations.
The deadline has passed for any potential trade of Crabtree; that ship sailed on Aug. 14. Crabtree will be a 49er. Pay no attention to the rumor of him sitting out the season.
Now there’s a report of a requested meeting by the president of the club, Jed York, to try to inject a fresh new voice into the negotiations, which have been handled by the club’s able contract negotiator, Paraag Marathe. This is a nice public relations move by the team to show it’s doing everything it can to sign the player, although probably not something that will have much effect.
This negotiation has been dissected by many, including myself and my NFP colleague Bob Boland yesterday. Here, though, is a more in-depth look into the issues and the points of contention that may be taking place:
Term
Parker’s calling card is to try to negotiate the shortest length possible on contracts.
In Green Bay, I negotiated two first-round picks with him in the past five years—for Ahmad Carroll in 2004 and Justin Harrell in 2009—and like clockwork, Eugene’s first and foremost request was a contract of four years in length, matching the number of years required to reach free agency. Parker understands that the most important thing about a first contract is to set up the second contract, where the true money is made.
Recently, Parker has negotiated two remarkable wide receiver contracts, those of Larry Fitzgerald in 2008 and Greg Jennings in 2009. Beyond the top-of-market APY (Average Per Year) and guaranteed money of these deals, Parker was able to have a term of four years in length, allowing both Fitzgerald and Jennings to have another shot at the free agency spending spree before they turn 30. These are gold standard contracts.
When I negotiated the contract of Jason Peters for the Eagles with Parker this spring, Peters was made the highest-paid offensive lineman in the NFL, but only with a six-year term. Parker fought hard but eventually agreed to a six-year deal kicking and screaming along the way.
Although there hasn’t been a four-year deal in the first round for 10 years—not since Parker client Chris McAlister in 1999—Parker will try with Crabtree, knowing he will have to let go of that demand but try to use it as a bargaining chip for a concession. He does not have any leverage to ask for that term.
These deals are for five or six years. The 49ers are willing to pay more guaranteed money to have a six-year deal, but Parker will take less to have the five-year term, a term he will accept while feigning disappointment to not get a four-year.
Total Base Contract and Guaranteed Money
Despite all the banter about whether Crabtree, the 10th pick in the draft, deserves to be paid like a top five or top-seven pick, that argument is a nonstarter—and Parker is smart enough to know that.
The contract of B.J. Raji at No. 9 is the most relevant. Normally, the team would try to slot in Crabtree between Raji and the 11th pick, Aaron Maybin, but the 49ers have generously not even tried to slot Crabtree, focusing on the Raji deal above.
Raji has a five-year deal (it’s written as a six-year but voids to five with minimum play time) with a conventional option bonus/one-time incentive structure. The base deal is worth $22.5 million; the guaranteed amount is $17.7 million (79 percent of the base contract). The increases from the 2008 pick, Keith Rivers, are 14.6 percent for total and 14.7 percent for guarantee.
This is essentially the deal that the 49ers have offered, bringing Crabtree right to the brink of the pick before him. It has not closed the deal, however, a huge source of disappointment for the club, as it would be for me if I were doing this deal.
The Escalator
The escalator provides upside in the contract based on the player’s performance. This is where things get tricky. In negotiating another first-round receiver’s deal this summer, I spent many more hours on the negotiation of the escalator than the hard dollars of the deal on Jeremy Maclin’s contract with the Eagles.
Issues to be resolved include the following:
- the year(s) in which the ability to escalate kick in;
- the year(s) in which the salaries start to escalate;
- the thresholds for the ability to escalate—number of receptions, number of touchdown receptions, amount of reception yardage, playing time percentages, etc.;
- ability to void the contract prior to expiration due to superior performance;
- honors escalators for all-rookie, rookie of the year, Pro Bowl, other honors.
These are all negotiations in themselves, creating upside for the player beyond his base contract. The 49ers are certainly trying to adjust these escalators to penalize Crabtree for time missed this year, while Parker is trying to infuse these escalators with easier thresholds and levels of performance while pushing most of the performance criteria past this season.





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