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)
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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
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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.
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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
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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
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