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Agenda 10/22/2019 Item #16F2 (Extension to Concessionaire Agreement w/Pickleball Enterprises)10/22/2019 EXECUTIVE SUMMARY Recommendation to approve the Extension and Amendment of the Concessionaire Agreement between Collier County and Pickleball Enterprises LLC d/b/a Pickleball Pro Shop of Collier County (“Pickleball Pro Shop”). OBJECTIVE: Recommend the extension of the Concessionaire Agreement with Pickleball Enterprises LLC d/b/a Pickleball Pro Shop of Collier County (“Pickleball Pro Shop”) in Collier County until 2025. CONSIDERATIONS: Pickleball Enterprises provides a year-round Pickleball Academy as well as three major tournaments per year at East Naples Community Park (ENCP). The Pickleball Academy of Southwest Florida is the premiere training academy for pickleball lessons and activities of all ages and skill levels. The academy attracts visitors both locally and people from all over the world. Collier County entered into an Agreement with Pickleball Enterprises on October 24, 2017. The Parties wish to extend and amend this Agreement for an addition five years and to include the following changes: The Extension and Amendment includes in Paragraph 53 that the Naples, Marco Island, Everglades Convention & Visitors Bureau (CVB) may provide a 1:1 match for marketing programs and literature, not to exceed $20,000 per fiscal year to promote the Pickleball Academy of Southwest Florida and the tournaments. This match is subject to a recommendation by the Tourist Development Council and approval by the Board of County Commissioners. There is no expenditure of tourist development tax funds associated with this Extension and Amendment. In order to continue to improve upon existing facilities at ENCP, staff is working to plan and bring forward capital improvements, to include an upgrade of the electrical and information technology systems and construction of ten new pickleball courts in 2020. In future years, construction of the East Naples Community Park Welcome Center will take place. These capital improvements are planned to be made by allocating funds other than Tourist Development Tax at this time, and are imperative in demonstrating the long-term commitment to growth of pickleball in Collier County FISCAL IMPACT: There is no expenditure of tourist development tax funds directly associated with this Extension and Amendment. However, subject to TDC and Board of County Commissioner authorization, $20,000 is available in Tourist Development Tax supported Tourism Promotion Fund (184) as a match for promoting the Pickleball Academy of Southwest Florida. The East Naples Community Park improvements referenced above are intended to support the growth of Pickleball. The current budget provides funding for electrical and information technology upgrades and additional pickleball courts. The improvement budgets are provided in Parks Capital Fund (306) with funding sourced from the Unincorporated Area General Fund (111). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan with this Executive Summary. ADVISORY BOARD RECOMMENDATION: This Extension and Amendment will be reviewed by the Parks & Recreation Advisory Board (PARAB) on October 16, 2019. The Tourist Development Council will review any expenditure of funds as needed or requested. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. - CMG 16.F.2 Packet Pg. 2776 10/22/2019 RECOMMENDATION: To approve the Extension and Amendment of the Concessionaire Agreement between Collier County and Pickleball Enterprises LLC d/b/a Pickleball Pro Shop of Collier County (“Pickleball Pro Shop”). Prepared by: James Hanrahan, Sports Development Manager ATTACHMENT(S) 1. Pickleball Concessionaire Agreement Extension and Amendment Signed (PDF) 2. 17-7152PickleballEnterprisesContract (PDF) 16.F.2 Packet Pg. 2777 10/22/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.F.2 Doc ID: 10495 Item Summary: Recommendation to approve the Extension and Amendment of the Concessionaire Agreement between Collier County and Pickleball Enterprises LLC d/b/a Pickleball Pro Shop of Collier County (“Pickleball Pro Shop”). Meeting Date: 10/22/2019 Prepared by: Title: Tourist Development Tax Coordinator – Tourism Name: Kelly Green 10/11/2019 3:31 PM Submitted by: Title: Division Director – Tourism Name: Jack Wert 10/11/2019 3:31 PM Approved By: Review: Tourism Jack Wert Director Review Completed 10/11/2019 4:21 PM Parks & Recreation Barry Williams Additional Reviewer Completed 10/12/2019 1:33 PM County Manager's Office Sean Callahan Executive Director- Corp Business Ops Completed 10/14/2019 1:11 PM County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 10/14/2019 1:26 PM Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 10/14/2019 1:41 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/14/2019 2:02 PM Budget and Management Office Ed Finn Additional Reviewer Completed 10/14/2019 4:13 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 10/15/2019 12:32 PM Board of County Commissioners MaryJo Brock Meeting Pending 10/22/2019 9:00 AM 16.F.2 Packet Pg. 2778 EXTENSION AND AMENDMENT OF PARKS AND RECREATION PICKLEBALL CONCESSIONAIRE AGREEMENT THIS EXTENSION and AMENDMENT AGREEMENT is made and entered into this day of , 2019, by and between Collier County, a political subdivision of the State of Florida ("County"), and Pickleball Enterprises LLC d/b/a Pickleball Pro Shop of Collier County ("Pickleball Pro Shop") authorized to do business in Florida. RECITALS: WHEREAS, the parties entered into a Concessionaire Agreement dated October 24, 2017, a copy of which is attached to this Agreement, wherein Pickleball Pro Shop was granted the privilege to provide concession services and comprehensive management at East Naples Community Park for a term of 3 years with two I-year renewals; and WHEREAS, both pa1iies wish to extend and amend the Concessionaire Agreement on the terms and conditions set forth below; and WHEREAS, with the recommendation of the Tourist Development Council, the Collier County Board of County Commissioners has reviewed and approved this extension and amendment of the Concessionaire Agreement and specifically finds that doing so promotes tourism. WITNESSETH: NOW, THEREFORE, in consi deration of the promises and covenants contained h erein, and other good and valuable consideration exchanged amongst the parties, the paiiies agree as follows: I. All of the above RECITALS are tiue and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. The Term of the Concessionaire Agreement is hereby extended for an additional five years. Accordingly, Pickleball Pro Shop will provide concession services ai1d comprehensive management at East Naples Community Park for an additional five years following the expiration of the cunent Agreement. There is no right to renew by either party. 3. The provisions of Paragraph 2 of the Concessionaire Agreement are hereby amended as follows: STATEMENT OF WORK. The County hereby grants to the Concessionaire, and the Concessionaire hereby accepts from the County, the privilege to provide concession services and comprehensive management at East Naples Community Park (ENCP), located at 3500 Thomasson Drive, Naples, FL 34112 in conformance with the purposes and for the periods stated herein and subject to all terms a11d conditions [05-COA-0 1260/1498053/1] Words Underlined are added; Words St,aek Tlueagh are deleted. 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