Backup Documents 09/12/2023 Item #16F 9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 F 9
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 muting 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 routing lines#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 91)3/Z3
4. BCC Office Board of County
Commissioners R/k05istc1/ 1
5. Minutes and Records Clerk of Court's Office
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
Contact/Department May % ssol K-e‘( any 939 -aal-C1 uti
Agenda Date Item was Agenda Item Number ff,,,, .�
Approved by the BCC q 1 1 24 20 2-3 ( �+'. r•9
Type of Document rr Ai-n Number of Original
Attached LJ UMW f,l'Y -" r t S t(, (-Cilillta Documents Attached I (0rn covuocinikri
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? M6
2. Does the document need to be sent to another agency for additional signatures? If yes,
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed 1%,4,t/3
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's ,, QQ
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 MQ
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 �Q
signature and initials are required. `J
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE. Ma
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 ett4livrcildilielP19 and all changes made N/A is not
during the meeting have been incorporated in the attached document. The County ('1 option for
Attorney's Office has reviewed the changes,if applicable. Q)1212023 is line.
9. Initials of attorney verifying that the attached document is the version approved by the /A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the ck n option for
Chairman's signature. ) this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
SIXTH AMENDMENT TO FACILITIES MANAGEMENT AGREEMENT
THIS SIXTH AMENDMENT TO FACILTIES MANAGEMENT AGREEMENT (the
"Amendment"), is entered into on this 12ti' day of September 2023, by and between Sports 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 (the "Facility") dated
November 12, 2021 (the"Agreement"), which is incorporated by reference and made a part hereof to this
Sixth Amendment; and
WHEREAS, the County and the Manager entered into an administrative Amendment to the
Agreement on November 29, 2021, to clarify the commencement date of the Agreement and correct a
scrivener's error pertaining to the reimbursement rate for mileage-related expenses; and
WHEREAS, the County and the Manager further amended the Agreement on February 8, 2022,
to extend the time period that the Parties could bring a proposed amendment addressing the possible
incorporation of Facility naming rights as an additional compensated service under the Agreement
through and until May 24, 2022, so as to allow the Parties adequate time to conduct due diligence as to
such an arrangement;and
WHEREAS, the County and the Manager further amended the Agreement on May 24, 2022,
extending the time period that the Parties could bring a proposed amendment addressing the possible
incorporation of Facility naming rights as an additional compensated service under the Agreement
through and until December 13, 2022, and providing clarification to the definition of Commercial Rights
under the Agreement;and
WHEREAS, the County and the Manager further amended the Agreement on June 28, 2022, to
incorporate revised exhibits that: (1) increase the budget line item for the actual Cost of Goods Sold by
$185,700 (due to the inflationary increased costs of goods and labor), and (2) present an updated Fiscal
Year 2022 to 2023 budget for County approval as required by the Agreement; and
WHEREAS, the County and the Manager further amended the Agreement on April 25, 2023, to
incorporate revised exhibits that: (1) increase the budget line item for the actual Cost of Goods Sold (due
to the inflationary increased costs of goods and labor), and (2) present an updated Fiscal Year 2022 to
2023 budget for County approval as required by the Agreement; and
WHEREAS, the Parties both desire and agree that the Agreement should be further amended to
revise the Fiscal Year 2022-2023 budget to: (1) reflect the increased Cost of Goods Sold by providing an
additional $105,000 in funding,(2)reflect increased revenue earned (in the amount of$2,053,349) similar
to the last two amendments to the Agreement, and (3)to make an adjustment of funds by decreasing the
line item for Operating Expenses by $62,600 ($203,475 to $140,875) and adding that $62,600 to the line
item for Management Payroll($657,290 to$719,880),to ensure sufficient cashflow.
NOW, THEREFORE, in consideration of the covenants and agreements provided within the
Agreement,as amended,and other valuable consideration,County and the Manager agree as follows:
C40
i 6► F 9 ,
1. The above recitals are incorporated into this Sixth Amendment as if fully set forth herein.
2. Exhibit D-3, Operating Budget for Fiscal Year 2022-2023, is attached hereto, and is agreed
upon and adopted by the Parties and incorporated into the Agreement, and supersedes any prior
proposed or estimated operating budget for Fiscal Year 2022 to 2023 as most recently reflected in
Exhibit D-2 to the Agreement.
3. Exhibit E-3, Pro Forma, is attached hereto, and is agreed upon and adopted by the Parties
and incorporated into the Agreement, and supersedes the existing Exhibit E-2, Pro Forma, and
any prior proposed or estimated operating budget for Fiscal Year 2022-2023. Exhibit E-3 reflects
the incorporated revisions shown in the attached Exhibit D-3 revised Fiscal Year Operating
Budget for Fiscal Year 2022-2023.
4. Except as further provided herein, the Agreement, as previously amended, remains in full
force and effect according to the terms and conditions contained therein.
IN WITNESS WHEREOF, the County and the Manager have hereto executed this Sixth
Amendment to the Facilities Management Agreement on the day and year first above written.
AS TO THE COUNTY:
ATTEST:
Crystal K. Kinzel,Clerk of the Circuit BOARD OF COUNTY COMMISSIONERS,
Court and Comptroller COLLIER COUNTY, FLORIDA
2.4e"...."---- —
BY: ' BY: /
,Depgty',C/erk Rick LoCastro, Chairman
Attest as to ChaitI11an's
signature only. ..
A I sro ed as t fo d I gality:
j
SA . Te
Deputy County Attorney
I
1
ler i
16F9
AS TO THE MANAGER:
Sports Facilities Management, LLC
a Florida limited lia ' ' ompany
•
Witne (signature By .son Clement, CEO
Robert Stout
(print name) Date: 08/29/2023
ness (signature)
Eric Sullivan
(print name)
CA0
3
16F 9
Exhibit D-3 Operating Budget
FY22-23 Estimated Revenue
Revenue Year 1
FY22-23
Rental Baseball/Softball Tournaments $25,375
Rental Multi-Purpose Field Tournaments $209,200
Outdoor Baseball/Softball $0
Outdoor Soccer $110,250
Outdoor Football $49,656
Outdoor Lacrosse $39.375
Outdoor Field Rental $160,083
Concerts&Special Events $60,000
Parking $31.500
RV Parking $0
Adventure/Ziplinc $0
The Factory $35,000
Hotel Rebates $25,000
Food& Beverage $986,072
Photography $0
Merchandise $121,838
Sponsorships&Secondary Revenue $200,000
Total Revenue $2,053,349
Expenses Year 1
FY22-23
Rental Baseball/Softball Tournaments $472
Rental Multi-Purpose Field Tournaments $95,000
Outdoor Baseball/Softball $0
Outdoor Soccer $7.920
Outdoor Football $810
Outdoor Lacrosse $8,510
Outdoor Field Rental $0
Concerts&Special Events $0
Parking $0
Hotel Rebates
RV Parking $0
CAO
ITN 421-7898
tb� 9 �
Adventure/Zipline $0
The Factory $0
Food&Beverage $395,000
Photography $0
Merchandise $57,824
Sponsorships&Secondary Revenue $25,000
Hourly Labor $352,000
Special Event Equipment Rentals $51.829
Total Cost of Goods Sold $994,365
Business Income $1,058,984
%of Revenue 52%
Facility Expenses $54,594
Operating Expense $140.875
Management Payroll $719.880
Payroll Taxes/Benetits/Bonus $155,424
Total Operating Expenses $1,070,773
Net Operating Income ($11,789)
Landscaping/Grounds&Maintenance/Utilities 300,621
EBITDA ($312,410)
ITN#21-7898
Exhibit E-3 Pro Forma F 4p SPORTS FACILITIES 1
Total Revenue & Expenses COMPANIES
Revenue Year 1-Revised Year 1-2nd Rev Year 1-3rd Rev
FY22-23 FY22-23 FY22-23
Rental Baseball/Softball Tournaments $73,875 $25,375 $25.375
Rental Multi-Purpose Field Tournaments $102,400 $209,200 $209,200
Outdoor Baseball/Softball SO SO SO
Outdoor Soccer $63,000 S110,250 S110,250
Outdoor Football $28,375 S49,656 $49,656
Outdoor Lacrosse $22,500 $39,375 $39,375
Outdoor Field Rental S91,476 $160,083 $160.083
Concerts&Special Events $27,500 S94,125 S60,000
Parking $215,625 S31,500 S31 500
RV Parking SO SO SO
Adventure/Zipline SO SO S0
The Factory $42,000 $35,000 S35,000
Hotel Rebates $113,906 $25.000 S25,000
Food&Beverage S398,036 $796,072 S986,072
Photography SO SO SO
Merchandise S61,050 $96,838 S121.838
Sponsorships&Secondary Revenue $150,000 $250,000 $200,000
Total Revenue $1,389,743 $1,922,474 $2,053,349
Expenses Year 1 Year 1-2nd Rev Year 1-2nd Rev
FY22-23 FY22-23 FY22-23
Rental Baseball/Softball Tournaments S472 S472 $472
Rental Multi-Purpose Field Tournaments S7,028 $83,000 $95,000
Outdoor Baseball/Softball S0 S0 SO
Outdoor Soccer S7,920 S7,920 $7,920
Outdoor Football S810 S810 $810
Outdoor Lacrosse S8,510 $8.510 $8,510
Outdoor Field Rental SO SO SO
Concerts&Special Events SO $0 SO
Parking $5,625 SO $0
Hotel Rebates $0 SO
RV Parking SO SO SO
Adventure/Zipline SO SO SO
The Factory $7,000 S0 $0
Food&Beverage $117,050 $300,000 $395,000
Photography SO SO SO
Merchandise S30,216 $45.324 S57,824
Sponsorships&Secondary Revenue $23,061 $35,000 S25.000
Hourly Labor S224,907 $352,000 $352,000
Special Event Equipment Rentals $56,329 $56,329 S51,829
Total Cost of Goods Sold $488,928 $889,365 $994,365
46% 48%
Business Income(Revenue minus COGS) $900,815 $1,033,109 $1,058,984
%of Revenue 65% 54% 52%
Facility Expenses $54,594 $54,594 $54,594
Operating Expense $203,475 $203,475 $140,875
Management Payroll $657,280 $657,280 $719,880
Payroll Taxes/Benefits/Bonus S155,424 S155.424 $155,424
Total Operating Expenses $1,070,773 $1,070,773 $1,070,773
Net Operating Income ($169,958) ($37,664) ($11,789)
Landscaping,Grounds and Maintenance,Janitorial 300,621 300,621 300.621
EBITDA ($470,579) ($338,285) ($312,410)
Deferred Management Incentive Fee $ - $ - $ -