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Agenda 04/23/2024 Item #16D 4 (Terminate for Convenience COntract 17-7152 w/Pickleball Enterprises, LLC c/b/a Naples Pickleball Center)SEE REVERSE SIDE  Proposed Agenda Changes Board of County Commissioners Meeting April 23, 2024 Move item 16D4 to 11E: Recommendation to terminate for convenience Agreement No. 17-7152, “Parks and Recreation Pickleball Concessionaire,” with Pickleball Enterprises, LLC, d/b/a Naples Pickleball Center. (Commissioner Kowal’s request) Notes: The Executive Summary for item 10A has been updated to note that the proposed Resolution is from United Sovereign Americans rather than the election integrity committee of the Collier County Republican Executive Committee. TIME CERTAIN ITEMS: Item 10B to be heard at 1 PM: Update on the State Veterans’ Nursing Home project from the Florida Department of Veterans’ Affairs. Item 11D to be heard no sooner than 1:30 PM: Long-Term Lease and Operating Agreement with The Gate Golf Club, Inc., (“The Gate”). 4/24/2024 3:28 PM 04/23/2024 EXECUTIVE SUMMARY Recommendation to terminate for convenience Agreement No. 17-7152, “Parks and Recreation Pickleball Concessionaire,” with Pickleball Enterprises, LLC, d/b/a Naples Pickleball Center. OBJECTIVE: To obtain Board approval to terminate for convenience Agreement No. 17-7152 with Pickleball Enterprises LLC d/b/a Naples Pickleball Center (hereafter “Pickleball Enterprises”) as the concession service provider at East Naples Community Park. CONSIDERATIONS: On October 24, 2017 (Agenda Item #16.D.8), the Board approved Agreement No. 17-7152 (the “Agreement”) with Pickleball Enterprises to provide concession services at the East Naples and Veterans’ Community Parks. Staff has experienced difficulty in obtaining Pickleball Enterprises’ compliance in remitting payments, addressing member and public complaints, and adhering to general contractual compliance under the Agreement. To address the issue concerning the timely remittance of payments, staff set up Pickleball Enterprises’ payments through the Automated Clearing House (ACH), which is the primary system that agencies use for electronic funds transfer. However, this too resulted in insufficient fund charges. Section 13 of the Agreement requires Pickleball Enterprises to submit its monthly payments so that they are received by the County by the fifteenth of each month, with a ten percent (10%) penalty imposed if the payments are submitted more than five days late. Staff has worked with Pickleball Enterprises on past due balances and it is presently current with all its payments owed to the County. Section 33 of the Agreement allows the County to terminate the Agreement for convenience upon providing Pickleball Enterprises thirty (30) days written notice. Staff sent Pickleball Enterprises the attached March 13, 2024, written notice to terminate the Agreement for convenience, subject to the Board’s approval. Staff is requesting that the Board approve staff’s written notice and terminate the Agreement for convenience based upon the past payment difficulties with this vendor, although no cause is required to terminate the contract. Staff is in the process of making temporary arrangements to provide services at East Naples Community Park. There will be no service disruption and staff will provide services until a new agreement is in place. Staff is in the process of drafting a new competitive solicitation to be posted by the Procurement Division in the immediate future. FISCAL IMPACT: This agreement is revenue generated with an average payment to the County of $26,000 per month during the past year (December 2022 to December 2023). 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 action. RECOMMENDATION: To approve staff’s written notice to terminate for convenience Agreement No. 17-7152 with Pickleball Enterprises, LLC, and terminate the Agreement effective April 23, 2023. Prepared By: James Hanrahan, Assistant Division Director Parks and Recreation Division Viviana Giarimoustas, Management Analyst II, Public Services Department ATTACHMENT(S) 1. 17-7152PickleballEnterprises_Contract_ (PDF) 2. Notice to Terminate Letter (PDF) 16.D.4 Packet Pg. 1057 04/23/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.4 Doc ID: 28393 Item Summary: Recommendation to terminate for convenience Agreement No. 17-7152, “Parks and Recreation Pickleball Concessionaire,” with Pickleball Enterprises, LLC, d/b/a Naples Pickleball Center. Meeting Date: 04/23/2024 Prepared by: Title: – Public Services Department Name: Todd Henry 03/19/2024 3:47 PM Submitted by: Title: Department Head – Public Services Department Name: Tanya Williams 03/19/2024 3:47 PM Approved By: Review: Operations & Veteran Services Jeff Weir OVS Director Review Completed 03/19/2024 5:36 PM Procurement Services Francheska Correa Level 1 Purchasing Gatekeeper Completed 03/20/2024 1:51 PM Parks & Recreation James Hanrahan PSD Reviewer Completed 03/22/2024 5:03 PM Public Services Department Todd Henry Level 1 Department Review Completed 03/26/2024 11:15 AM Procurement Services Sandra Srnka Procurement Director Review Completed 03/28/2024 8:14 AM Public Services Department Tanya Williams PSD Department Head Review Completed 04/15/2024 7:51 AM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 04/15/2024 8:00 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/15/2024 8:23 AM Office of Management and Budget Blanca Aquino Luque OMB Reviewer Completed 04/15/2024 9:11 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/15/2024 10:06 AM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 04/15/2024 10:45 AM Board of County Commissioners Geoffrey Willig Meeting Pending 04/23/2024 9:00 AM 16.D.4 Packet Pg. 1058 16.D.4.aPacket Pg. 1059Attachment: 17-7152PickleballEnterprises_Contract_ (28393 : Terminate for convenience Agreement No. 17-7152, “Parks and Recreation 16.D.4.aPacket Pg. 1060Attachment: 17-7152PickleballEnterprises_Contract_ (28393 : Terminate for convenience Agreement No. 17-7152, “Parks and Recreation 16.D.4.aPacket Pg. 1061Attachment: 17-7152PickleballEnterprises_Contract_ (28393 : Terminate for convenience Agreement No. 17-7152, “Parks and Recreation 16.D.4.aPacket Pg. 1062Attachment: 17-7152PickleballEnterprises_Contract_ (28393 : Terminate for convenience Agreement No. 17-7152, “Parks and Recreation 16.D.4.aPacket Pg. 1063Attachment: 17-7152PickleballEnterprises_Contract_ (28393 : Terminate for convenience Agreement No. 17-7152, “Parks and Recreation 16.D.4.aPacket Pg. 1064Attachment: 17-7152PickleballEnterprises_Contract_ (28393 : Terminate for convenience Agreement No. 17-7152, “Parks and Recreation 16.D.4.aPacket Pg. 1065Attachment: 17-7152PickleballEnterprises_Contract_ (28393 : Terminate for convenience Agreement No. 17-7152, “Parks and Recreation 16.D.4.aPacket Pg. 1066Attachment: 17-7152PickleballEnterprises_Contract_ (28393 : Terminate for convenience Agreement No. 17-7152, “Parks and Recreation 16.D.4.aPacket Pg. 1067Attachment: 17-7152PickleballEnterprises_Contract_ (28393 : Terminate for convenience Agreement No. 17-7152, “Parks and Recreation 16.D.4.aPacket Pg. 1068Attachment: 17-7152PickleballEnterprises_Contract_ (28393 : Terminate for convenience Agreement No. 17-7152, “Parks and Recreation 16.D.4.aPacket Pg. 1069Attachment: 17-7152PickleballEnterprises_Contract_ (28393 : Terminate for convenience Agreement No. 17-7152, “Parks and Recreation 16.D.4.aPacket Pg. 1070Attachment: 17-7152PickleballEnterprises_Contract_ (28393 : Terminate for convenience Agreement No. 17-7152, “Parks and Recreation 16.D.4.aPacket Pg. 1071Attachment: 17-7152PickleballEnterprises_Contract_ (28393 : Terminate for convenience Agreement No. 17-7152, “Parks and Recreation 16.D.4.aPacket Pg. 1072Attachment: 17-7152PickleballEnterprises_Contract_ (28393 : Terminate for convenience Agreement No. 17-7152, “Parks and Recreation 16.D.4.aPacket Pg. 1073Attachment: 17-7152PickleballEnterprises_Contract_ (28393 : Terminate for convenience Agreement No. 17-7152, “Parks and Recreation 16.D.4.aPacket Pg. 1074Attachment: 17-7152PickleballEnterprises_Contract_ (28393 : Terminate for convenience Agreement No. 17-7152, “Parks and Recreation 16.D.4.aPacket Pg. 1075Attachment: 17-7152PickleballEnterprises_Contract_ (28393 : Terminate for convenience Agreement No. 17-7152, “Parks and Recreation   Procurement Services Division – 3295 Tamiami Trail East – Naples, Florida 34112‐4901   www.colliercountyfl.gov/procurementservices        March 13, 2024 Robert Strommen 2469 University Avenue, Suite 100E St. Paul, Minnesota 55114 Via Email: bstrommen@npcpcw.com RE: 17-7152 for “Parks and Recreation Pickleball Concessionaire” Notice to Terminate for Convenience Dear Mr. Strommen: Staff is recommending to the Board of County Commissioners (the “Board”) at its April 23, 2024, meeting that it approve terminating for convenience Construction Agreement No. 17-7152, as permitted under Section 33 of the Agreement, with an effective date of April 23, 2024. Subject to the Board’s approval, this letter will serve as the County’s 30-day written Notice to Terminate for Convenience. Should you have any questions regarding this termination notice please contact us at (239) 252-8407. Respectfully, Sandra Srnka Procurement Director c: James Hanrahan, Assistant Division Director Parks and Recreation, Public Services Viviana Giarimoustas, Management Analyst II, Public Services    16.D.4.b Packet Pg. 1076 Attachment: Notice to Terminate Letter (28393 : Terminate for convenience Agreement No. 17-7152, “Parks and Recreation Pickleball