Agenda 05/25/2021 Item #16F 3 (Terminating #18-7404 w/Sports Fields, Inc.)05/25/2021
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners terminate Agreement No. 18-7404,
“Collier County Sports Complex Marketing and Support,” with Sports Fields, Inc, for convenience,
and send notice to the Contractor.
OBJECTIVE: To terminate the Agreement No. 18-7404 with Sports Fields, Inc., related to sports
complex marketing and support.
CONSIDERATIONS: On October 23, 2018, the Board approved Agreement No. 18-7404 (Agenda
Item 16.F.2), with Sports Fields, Inc (SFI). The Agreement outlined different phases of operation for SFI,
beginning as a design consultant for the Paradise Coast Sports Complex (PCSC), transitioning into a
startup consultant through the First Amendment on September 10, 2019, moving into a limited operating
agreement through the Second Amendment on April 6, 2020 and finally full operations through the Third
Amendment on May 26, 2020.
Many uncertainties have occurred over the past year, including the COVID-19 health pandemic, changes
to the design scope of the PCSC, and unrealized needs during the original bidding of the project in 2018.
Because of these challenges, and other factors as well, the contractor has requested changes to the scope
of the contract and budget associated with complex operations. Staff believes that a public solicitation to
consider changes to the scope of the original solicitation is in the public interest to ensure that the County
receives the best available services for the PCSC at the most reasonable value.
Agreement #18-7404 includes the following provision related to termination of a contract:
10. TERMINATION. Should the Contractor be found to have failed to perform its services in a
manner satisfactory to the County as per this Agreement, and should the Contractor fail to
correct any deficiency in the performance of its services under this Agreement within thirty (30)
days after its receipt of written notice from the County of such deficiency (or if such deficiency is
not capable of being corrected within thirty (30) days, should the Contractor fail to commence
and continue correction of such deficiency within thirty (30) days after its receipt of written
notice from the County of such deficiency), the County may terminate said Agreement for cause;
further, either of the parties may terminate this Agreement for convenience with a one hundred
eighty (180) day written notice. The County shall be the sole judge of non-performance.
In the event that this Agreement is terminated for convenience, employed staff may be retained at
the Complex at current salary structure for an additional one hundred and eighty (180) days
following the termination period. There shall be no restrictions on the Contractor for maintaining
or rehiring staff at any time after a termination event.
In the event that the County terminates this Agreement, Contractor’s recover against the County
shall be limited to that portion of the Agreement Amount earned through the date of termination.
The Contractor shall not be entitled to any other or further recovery against the County,
including, but not limited to, any damages or any anticipated profit on portions of the services
not performed.
Staff believes that an additional solicitation will allow for inclusion of the full scope of the PCSC at the
best value to the public, and therefore recommends that the Board terminate the Agreement for
convenience as per the termination clause. This will allow ample time to solicit and award a new contract
16.F.3
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prior to the conclusion of Agreement No. 18-7404. SFI will have full ability to bid on the new solicitation
once issued.
FISCAL IMPACT: Funding for this agreement is appropriated between the General Fund (001) and the
Tourist Development Council Promotion Fund (184). The Fiscal Year 2021 net cost for this Agreement
top the County was $1,813,964.88.
GROWTH MANAGEMENT IMPACT: The is no impact to the Growth Management Plan with this
action.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote
for Board action. -JAK
RECOMMENDATION: That the Board of County Commissioners terminate Agreement No. 18-7404,
“Collier County Sports Complex Marketing and Support,” with Sports Fields, Inc, for convenience, and
send notice to the Contractor.
Prepared by: Sean Callahan, Deputy County Manager
ATTACHMENT(S)
1. 18-7404 Amendment 3 Vendor Signed (PDF)
2. Agreement # 18-7404 Amendment 2 (PDF)
3. 18-7404 Amendment 1 (PDF)
4. 18-7404 Sports Fields Contract (PDF)
16.F.3
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05/25/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.3
Doc ID: 15984
Item Summary: Recommendation that the Board of County Commissioners terminate Agreement
No. 18-7404, “Collier County Sports Complex Marketing and Support,” with Sports Fields, Inc, for
convenience, and send notice to the Contractor.
Meeting Date: 05/25/2021
Prepared by:
Title: – County Manager's Office
Name: Sean Callahan
05/19/2021 8:57 AM
Submitted by:
Title: – County Manager's Office
Name: Sean Callahan
05/19/2021 8:57 AM
Approved By:
Review:
Corporate Business Operations Jennifer Reynolds Additional Reviewer Completed 05/19/2021 9:10 AM
County Manager's Office Sean Callahan Additional Reviewer Completed 05/19/2021 9:52 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/19/2021 10:13 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/19/2021 10:15 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 05/19/2021 10:51 AM
County Manager's Office Sean Callahan Level 4 County Manager Review Completed 05/19/2021 12:04 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 05/25/2021 9:00 AM
16.F.3
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16.F.3.aPacket Pg. 1600Attachment: 18-7404 Amendment 3 Vendor Signed (15984 : Sports Complex Marketing and Support)
16.F.3.aPacket Pg. 1601Attachment: 18-7404 Amendment 3 Vendor Signed (15984 : Sports Complex Marketing and Support)
16.F.3.aPacket Pg. 1602Attachment: 18-7404 Amendment 3 Vendor Signed (15984 : Sports Complex Marketing and Support)
16.F.3.aPacket Pg. 1603Attachment: 18-7404 Amendment 3 Vendor Signed (15984 : Sports Complex Marketing and Support)
16.F.3.aPacket Pg. 1604Attachment: 18-7404 Amendment 3 Vendor Signed (15984 : Sports Complex Marketing and Support)
16.F.3.aPacket Pg. 1605Attachment: 18-7404 Amendment 3 Vendor Signed (15984 : Sports Complex Marketing and Support)
16.F.3.aPacket Pg. 1606Attachment: 18-7404 Amendment 3 Vendor Signed (15984 : Sports Complex Marketing and Support)
16.F.3.aPacket Pg. 1607Attachment: 18-7404 Amendment 3 Vendor Signed (15984 : Sports Complex Marketing and Support)
16.F.3.aPacket Pg. 1608Attachment: 18-7404 Amendment 3 Vendor Signed (15984 : Sports Complex Marketing and Support)
IN WITNESS WHEREOF, the Parties have executed this Amendment on the date and
year first written about by an authorized person or agent.
ATTEST:
CRYSTAL KINZEL, Clerk
of Courts and Comptroller
By: ________ _ , Deputy Clerk
::
n
��e-\ S. 1-),�o I ot
Print Name
Contractor's Second Witness:
Byt:ru{\ �
&10 Rvno1d Print Name
Approved as to form and legality:
Scott R. Teach
Deputy County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: _____________ _
Burt L. Saunders, Chairman
CO TRACTOR:
Sports Fields, Inc., of GA d/b/a Sports Fields, Inc.
Page 10 of 16
Third Amendment to Agreement# 18-7404
Words Struel, Through are deleted; Words Underlined are added
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Packet Pg. 1609 Attachment: 18-7404 Amendment 3 Vendor Signed (15984 : Sports Complex Marketing and Support)
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16.F.3.aPacket Pg. 1611Attachment: 18-7404 Amendment 3 Vendor Signed (15984 : Sports Complex Marketing and Support)
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16.F.3.aPacket Pg. 1613Attachment: 18-7404 Amendment 3 Vendor Signed (15984 : Sports Complex Marketing and Support)
16.F.3.aPacket Pg. 1614Attachment: 18-7404 Amendment 3 Vendor Signed (15984 : Sports Complex Marketing and Support)
16.F.3.aPacket Pg. 1615Attachment: 18-7404 Amendment 3 Vendor Signed (15984 : Sports Complex Marketing and Support)
16.F.3.bPacket Pg. 1616Attachment: Agreement # 18-7404 Amendment 2 (15984 : Sports Complex Marketing and Support)
16.F.3.bPacket Pg. 1617Attachment: Agreement # 18-7404 Amendment 2 (15984 : Sports Complex Marketing and Support)
16.F.3.bPacket Pg. 1618Attachment: Agreement # 18-7404 Amendment 2 (15984 : Sports Complex Marketing and Support)
16.F.3.bPacket Pg. 1619Attachment: Agreement # 18-7404 Amendment 2 (15984 : Sports Complex Marketing and Support)
PROCLAMATION/RESOLUTION NO.2020- 5 p
PROCLAMATION OF THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,DECLARING A LOCAL STATE OF EMERGENCY
WHEREAS, the World Health Organization ("WHO") raised its assessment of the
Coronavirus Disease 2019 ("COVID-19")threat from high to very high and declared a public
health emergency of international concern related to COVID-19; and
WHEREAS,the Centers for Disease Control and Prevention has declared the potential
public health threat posed by COVID-19 as 'high', both in the United States and throughout
the world; and
WHEREAS, on March 1, 2020, Governor Ron Desantis issued Executive Order 20-
51, declaring that appropriate measures to control the spread of COVID-19 in the State of
Florida are necessary, and therefore directed that a Public Health Emergency be declared in
the State of Florida; and
WHEREAS, on March 9, 2020, Governor Ron Desantis issued Executive Order 20-
52, declaring a state of emergency exists in the State of Florida and, in part: (1) designating
the Director of the Division of Emergency Management as the State Coordinating Officer for
the duration of this COVID-19 emergency and directing him to execute the State's
Comprehensive Emergency Management Plan and other response, recovery, and mitigation
plans necessary to cope with the emergency, as well as exercising all powers delineated in
sections 252.36(5)-(10), Florida Statutes, as needed to meet this emergency, subject to the
limitations of section 252.33,Florida Statutes,and(2)designating the State Health Officer and
Surgeon General as a Deputy State Coordinating Officer and State Incident Commander; and,
3) activating the Florida National Guard, as needed; and
WHEREAS, Executive Order 20-52, in part, also recognizes the special duties and
responsibilities resting upon State, regional, and local agencies, such as Collier County, and
authorizes each political subdivision within the State of Florida to waive the procedures and
formalities otherwise required of the political subdivision by law pertaining to: (1) the
performance of public work and taking whatever prudent action is necessary to ensure the
health, safety, and welfare of the community, (2) entering into contracts (however, caution is
directed to political subdivisions with respect to entering into time and materials contracts
without ceiling as defined in 2 CFR 200.318(j)) or cost plus percentage contracts as defined
by 2 CFR 200.323(d), (3) incurring obligations, (4) employment of permanent and temporary
workers, (5) utilization of volunteer workers, (6) rental of equipment, (7) acquisition and
distribution, with or without compensation, of supplies, materials, and facilities, and (8)
appropriation and expenditure of public funds; and
WHEREAS, under current circumstances, certain people will have an increased risk
of infection, for example healthcare workers or providers, first responders, and emergency
medical services workers caring for patients with COVID-19 and other close contacts of
1
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persons with COVID-19; and
WHEREAS, it is the duty of Collier County to take protective measures - including
development of incident action response plans,procurement of personal protective equipment,
pandemic preventative training and exercise coordination,and similar activities to support the
public health and safety of the community; and
WHEREAS, the Bureau of Emergency Services-Emergency Management Division
declares the initiation of the operational period for this event effective March 12,2020 at 12:00
noon, EST; and
WHEREAS, the County Manager is authorized to make adjustments and
accommodations to its compensation and leave policies as needed in support of governmental
operations and its employees; and
WHEREAS, Section 252.38(3)(a)(5), Florida Statutes,provides authority for counties
to declare a Local State of Emergency; and
WHEREAS, Section 38-56 of the Code of Laws and Ordinances of Collier County,
Florida, grants the authority to declare a local state of emergency to the Chair of the Board of
County Commissioners;or the Vice-Chair of the Board of County Commissioners in the event
of the Chair's absence;or in the event of the Chair and Vice-Chair's absence,the next County
Commissioner in order of seniority, or if two or more were appointed on the same date, then
in alphabetical order among them; and in the absence of any Commissioner, the County
Manager, and in the absence of the County Manager, the Clerk of Courts, and in the Clerk's
absence the Deputy County Manager, are designated and empowered to declare a local state
of emergency whenever the designated person, according to the above order of preference
shall determine that a natural or manmade disaster has occurred or that the occurrence or threat
of one is imminent and requires immediate and expeditious action; and
WHEREAS, Section 38-68 of the Code of Laws and Ordinances of Collier County,
Florida, grants the Chair, Vice-Chair, the County Commissioners, County Manager, Clerk of
Courts, and Deputy County Manager,in the order designated in the above Whereas clause,the
power and authority to invoke authorized emergency measures set forth in that section,including but
not limited to waiving the procedures and formalities otherwise required of the County by law
or ordinance pertaining to the performance of public work and taking whatever prudent action
is necessary to ensure health, safety, and welfare of the community, while under a Governor
declared State of Emergency or a Local State of Emergency.
NOW,THEREFORE,IT IS HEREBY ORDERED THAT:
Section 1. Declaration of Local State of Emergency. The Coronavirus Disease
2019 ("COVID-19")poses a serious threat to the health of the residents and guests of Collier
County. A Local State of Emergency is declared effective immediately. The Local State of
Emergency will remain in effect within the legal boundaries of Collier County, Florida for as
long as the State of Emergency for the State of Florida, and shall be deemed supplemental to
2
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the Executive Order Number 20-52 from the Governor,as may be amended from time-to-time.
Section 2. Waiver of Procedures and Formalities Otherwise Required. Due to
both the State of Emergency for the State of Florida and this Local State of Emergency,
effective immediately, the procedures and formalities required of the County by law or
ordinance are hereby waived as they pertain to:
a) Performance of public work and taking whatever prudent
action is necessary to ensure the health, safety and welfare of
the community;
b) Entering into contracts;
c) Incurring obligations;
d) Employment of permanent and temporary workers;
e) Utilization of volunteer workers;
f) Rental of equipment;
g) Acquisition and distribution, with or without compensation, of
supplies, materials and facilities;
h) Appropriation and expenditure of public funds; and
i) The ability to close any and all County facilities.
Section 3. Alterations or Rescission. This declaration of a Local State of
Emergency may be altered or rescinded either by the issuance of a subsequent Proclamation
or an appropriate Resolution of the Board of County Commissioners.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, on this 16th day of March, 2020.
COLLIER COUNT CLERK OF COLLIER COUNTY BOARD OF
COURT.; CRYSTAL•K. KINZEL COUNTY COMMISSIONERS
Atter;47-?°
Attest as'to, h-*--='
21!
siPuh' Cie B L. SAUNDERS
signature only,
Chair
A r• :•andlelegality:I g ty.
III i..
Jeffrey!at ow, County Attorney
3
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16.F.3.dPacket Pg. 1631Attachment: 18-7404 Sports Fields Contract (15984 : Sports Complex Marketing and Support)
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