Backup Documents 10/22/2019 Item #16F 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 F 2
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routingzlines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office CMG 10/22/19
4. BCC Office Board of County
Commissioners \/ S'/ r)\-z.c\�5\
5. Minutes and Records Clerk of Court's Office ( Ct la ei 12
10.1
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff James Hanrahan/TD 239-252-6293
Contact/ Department
Agenda Date Item was October 22,2019 Agenda Item Number 16F2
Approved by the BCC
Type of Document Extension and Amendment of the Number of Original Two
Attached Concessionaire Agreement between Collier Documents Attached
County and Pickleball Enterprises LLC d/b/a
Pickleball Pro Shop of Collier County
("Pickleball Pro Shop")
PO number or account N/A
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature : AMP OK CMG
2. Does the document need to be sent to another agency for ad.' ional signat s? If yes, CMG
provide the Contact Information(Name; Agency;Address; Phone . .n attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be CMG
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's CMG
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the CMG
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's CMG
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip CMG
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on October 22,2019 and all changes made CMG /A is not
during the meeting have been incorporated in the attached document. The County As option fc
Attorney's Office has reviewed the changes, if applicable. t is ine.
9. Initials of attorney verifying that the attached document is the version approved by the . •,/A not
BCC,all changes directed by the BCC have been made,and the document is ready fo the h 0,f
Chairman's signature. ■
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revise. '. 4.05;Revise. 1/30/12
1 6 F 2
MEMORANDUM
Date: October 25, 2019
To: James Hanrahan,
From: Teresa Cannon, Senior Deputy Clerk
Minutes & Records Department
Re: Extension & Amendment of the Concessionaire Agreement
w/Pickleball Enterprises, LLC
Attached is a copy of the document as referenced above, (Item #16F2) approved
by Board of County Commissioners on Tuesday, October 22, 2019.
If you need anything further, please feel free to contact me at 252-8411.
Thank you.
Attachment
16F2
EXTENSION AND AMENDMENT OF
PARKS AND RECREATION PICKLEBALL CONCESSIONAIRE
AGREEMENT
THIS EXTENSION and AMENDMENT AGREEMENT is made and entered into this oa
day ofakob<le, 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 1-year renewals; and
WHEREAS, both parties 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 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 of the above RECITALS are true 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 and comprehensive
management at East Naples Community Park for an additional five years following the expiration
of the current Agreement (October 24, 2017 — October 24, 2027). 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 and conditions
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1 6F2
hereinafter set forth. It is not permissible for oth: '- • • _ - ' • ••
entities to utilize the Agreement.
4, Paragraph 23 of the Sponsorship Agreement is hereby amended as follows:
USES, The Concessionaire has exclusive rights to the current Pickleball facilities
and the modular concession at ENCP, however nothing in this Agreement shall
preclude the County from using the Pickleball facilities, public areas for public and
civic purposes as deemed necessary, with advance written notice to the
Concessionaire.
The Concessionaire is authorized to conduct the following type of business and to
provide the following services, and only such business and services, at ENCP the
approved COA and as set forth below:
5. Paragraph 28 of the Sponsorship Agreement is amended as follows:
HOURS OF OPERATION. During the term of this Agreement programs and
concession will be adequately staffed on days and times approved by the Parks and
Recreation Director or his/her designee. Days and hours will be posted and any
changes from posted hours will be communicated within seven (7) days of the
change. The operation should continue throughout the year including applicable
holidays.
The highest volume of activity and sales may occur during the seasonal / tourist
months of November— April; it is the expectation of the awarded concessionaire
that service will operate year-round except when conflicting with the US Open
Pickleball Agreement or other Pickleball event that the CVB Sports Marketing team
may schedule.
6. Paragraph 29 of the Sponsorship Agreement is amended as follows:
PUBLIC USE OF THE FACILITIES. The Concessionaire shall be responsible to
the Director of Parks and Recreation Division for the satisfactory and courteous
operation of the programs and concessions at ENCP. Courts must be made
available to the public every day from 12:00 PM—5:00 PM year-round except when
tournaments are scheduled. However, this does not preclude the Concessionaire
from scheduling promotional events, which might temporarily limit access to the
event site, subject to the prior written approval for each event, on a case-by-case
basis,by the Director of Parks and Recreation, or Designee.
7, Paragraph 52 is added as follows:
Tournament & Academy Programming. The Concessionaire will provide
three tournaments per year at East Naples Community Park during each fiscal
year. Past examples of tournaments include:
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16F2
a. Florida State Pickleball Championships;
b. Winter Classic;
c. Southern Tropics.
The Concessionaire shall lease the East Naples Community Park directly from
the Collier County Parks and Recreation Division for tournament play and will
comply with all then-current County requirements for the hosting of an event of
this size including but not limited to when necessary:providing insurance,crowd
control, parking, security, EMS, restroom facilities, waste removal, portable
generators, showers, all deposits and full payments required prior to each event
and other event operation expenses.
The Concessionaire shall provide written reports to the Convention & Visitors
Bureau (CVB) and Tourist Development Council (TDC) regarding attendance,
sales, and overall impact on County visitation at each event within 60 days
following the event. Such reports will be jointly communicated publicly by CVB
staff and the Concessionaire following the completion of each tournament. The
Concessionaire may apply for additional promotional funds from the CVB if
these events can demonstrate that they promote tourism by attracting overnight
visitors to Collier County and achieving regional, national, or international
exposure.
8, Paragraph 53 is added as follows:
Tournament Marketing. The Concessionaire has the responsibility to actively
market the destination and programs at the ENCP location and Naples in general,
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 subject to a recommendation by the Tourist Development Council
and approval by the Board of County Commissioners. Proof of advertising eligible
for matching funds, such as written marketing programs and literature, should be
reviewed by the CVB Director, or Designee,prior to distribution to the public and
must be submitted two (2)weeks prior to the actual advertising date. In addition to
matching funding on marketing programs, Collier County shall assist with
marketing of Concessionaire's events in some or all of the following:
i. Year-round promotion on Collier County Convention and Visitors
Bureau sports marketing website, Facebook, and Twitter channels;
ii. Assistance with hotel logistics including gathering of rates and
banquet needs;
iii. On site visitor information table to assist with local attractions and
suggestions for out of town visitors during tournament programs;
iv. Assistance with Public Relations and Media Outreach;
v. Explore providing signage to promote the Pickleball Academy and Pro
Shop at ENCP.
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16F2
9. Excepting the above, all other terms and conditions of the Concessionaire
Agreement continue in full force and effect.
IN WITNESS WHEREOF,Pickleball Pro Shops 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.
•
ATTES :,r,, BOARD OF '410.i'.-- _ •MMISSIONERS
CR,S1 1ZIfInL, Clerk COLIE� • , PLO •A
B ..411-_ ��
61
L. `. = Y lerk W' iam L. Mc Daniel,Jr., Chat• -Ian
n►t.t t alt.; �► /
signat `OflI
'u * Pickleball Enterprises, LLC
/ / t
BY //It, /
Jim ••w g
I
Approved as to form and legality: •
9 eatAw ' / , . :
olleen M. Greene '
Assistant County Attorney
Item# 1(cf&'
1
Agenda 1008x'1)O1
Cate —/
Date ZU -S/C?
Reed
[05•COA•01260l1498053/1] DepUty(ii@ik
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