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Agenda 02/08/2022 Item #16F 5 (Facilities Management Agreement w/Sports Facilities Management, LLC (SFM))16.F.5 02/08/2022 EXECUTIVE SUMMARY Recommendation to approve an amendment to the Facilities Management Agreement with Sports Facilities Management, LLC ("SFM") to extend the time period that the parties can bring forth a proposed amendment addressing the possible incorporation of facility naming rights for the Paradise Sports Complex as an additional service under the agreement. OBJECTIVE: To obtain approval of an amendment to the Facilities Management Agreement (the "Agreement") to extend the time period that the parties can bring forth a proposed amendment addressing the possible incorporation of facility naming rights as an additional compensated service under the agreement. CONSIDERATIONS: At its November 12, 2021 meeting the Board of County Commissioners (Board) accepted an agreement with Sports Facilities Management, LLC ("SFM") to manage the Paradise Coast Sports Complex. The agreement provides a 90-day time period to negotiate and bring back a naming rights plan for the Board's consideration. This additional service would be a compensated service under the agreement with SFM. Since the agreement was approved by the Board, Staff and SFM have been engaged in negotiations for the naming rights plan. Staff is requesting additional time to conduct adequate due diligence and vet the proposed plan before bringing it to the Board for review. The amendment would extend the time period from the initial 90 days to a total of 194 days or May 24, 2022 and will allow for a presentation no later than the Board's May 24, 2022, meeting. FISCAL IMPACT: There is no Fiscal Impact with this executive summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. RECOMMENDATION: To approve an Amendment to the Facilities Management Agreement extending the time period from 90 days to 194 days or May 24, 2022 to allow the parties to bring a proposed amendment addressing the possible incorporation of facility naming rights as an additional compensated service under the Agreement, and authorizing the Chairman to sign the attached amendment. Prepared by: Marissa Baker, Paradise Coast Sports Complex Manager ATTACHMENT(S) 1. Amendment Extension (PDF) Packet Pg. 680 16.F.5 02/08/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.17.5 Doe ID: 21193 Item Summary: Recommendation to approve an amendment to the Facilities Management Agreement with Sports Facilities Management, LLC ("SFM") to extend the time period that the parties can bring forth a proposed amendment addressing the possible incorporation of facility naming rights for the Paradise Sports Complex as an additional service under the agreement. Meeting Date: 02/08/2022 Prepared by: Title: Sr. Operations Analyst — County Manager's Office Name: Geoffrey Willig 02/01/2022 11:48 AM Submitted by: Title: Division Director - IF, CPP & PM — County Manager's Office Name: Amy Patterson 02/01/2022 11:48 AM Approved By: Review: County Attorney's Office Office of Management and Budget Office of Management and Budget County Attorney's Office County Manager's Office Board of County Commissioners Scott Teach Additional Reviewer Debra Windsor Level 3 OMB Gatekeeper Review Susan Usher Additional Reviewer Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Amy Patterson Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 02/02/2022 10:30 AM Completed 02/01/2022 11:53 AM Completed 02/01/2022 2:55 PM Completed 02/02/2022 3:45 PM Completed 02/02/2022 4:50 PM 02/08/2022 9:00 AM Packet Pg. 681 1 6.F.5.a AMENDMENT TO FACILITIES MANAGEMENT AGREEMENT THIS AMENDMENT TO FACILTIES MANAGEMENT AGREEMENT (the "Amendment"), is entered into this 8th day of February 2022, by and between Spouts Facilities Management, .LLC, a Florida limited liability company (the "Manager"), and Collier County, a political subdivision of the State of Florida (the "County") (collectively, the "Parties"). WITNESSETH WHEREAS, the County and Manager previously entered into a Facilities Management Agreement related to the management of the Paradise Coast Sports Complex dated November 12, 2021 (the "Agreement"), which is incorporated by reference and made a part hereof to this Amendment; and WHEREAS, the County and the Manager are desirous of amending the Agreement to extend the time period that the Parties can bring forth a proposed Amendment addressing the possible incorporation of facility naming rights as an additional compensated service under the Agreement to allow adequate time to conduct due diligence as to such an arrangement. NOW, THEREFORE, in consideration of the covenants and agreements provided within the Agreement, and other valuable consideration, the Agreement is hereby amended as follows: 1. The above recitals are incorporated into this amendment as if fully set forth herein. 2. The definition of Commercial Rights as set forth in Article 1, Definitions, subsection 1.1 of the Agreement is amended and replaced as follows: Commercial Rights: Pouring rights, advertising, sponsorships, the branding of food and beverage products for resale and memorial gifts at or with respect to the Facilities. Owner and Manager will discuss how facility naming rights can be incorporated within the definition of Commercial Rights and in the definition of Revenue in this Article and bring a proposed Amendment to this Agreement for the Collier County Board of County Coinmissioneir's consideration for approval within niee�y{90) one hundred_ and ninety-four 194 days (May 24„ 2022) of the Execution of this Agreement. 3. Except as provided herein, the Agreement remains in full force and effect according to the terms and conditions contained therein, Words Strwk T4eugt3 are deleted; Words Underlined are added. Signatures appear on the following page. 0 Packet Pg. 682 1 6.F.5.a IN WITNESS WHEREOF, the County and Manager have hereto executed this Amendment to the Facilities Management Agreement on the day and year first above written. ATTEST: Crystal K. Kinzel, Clerk of the Circuit Court and Comptroller am , Deputy Clerk Approved as to form and legality: Scott R. Teach Deputy County Attorney AS TO THE COUNTY: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: William L. McDaniel, Jr., Chairman z Packet Pg. 683 1 6.F.5.a ea, - " /--- -�' C,—" Witness ( nature-) (print a�nnn'e) i ss {signature} (print name) AS TO THE MANAGER: Sports Facilities Management, LLC a Florida limited liability eompany Jason Cl ent, as its Manager Date: `� - l — 2 a L 0 Packet Pg. 684