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HomeMy WebLinkAboutAgenda - 06-06-2023; 8-j - Contract Amendment – Recreation Factory Partners, Inc. (Sportsplex) 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 6, 2023 Action Agenda Item No. 8-j SUBJECT: Contract Amendment — Recreation Factory Partners, Inc. (Sportsplex) DEPARTMENT: County Manager, County Attorney ATTACHMENT(S): INFORMATION CONTACT: Proposed 2023 Contract Amendment Travis Myren, 919-245-2300 John Roberts, 919-245-2318 PURPOSE: To approve a contract amendment with Recreation Factory Partners, Inc. (RFP) for the continued operation of the Orange County Sportsplex through the period ending June 30, 2025. BACKGROUND: On December 5, 2005, Orange County entered into an operational agreement and contract with Recreation Factory Partners (RFP) for the operation and management of the Orange County Sportsplex. This agreement was extended for a five year period in June 2007. On June 19, 2012, the agreement was renewed by the County and RFP effective July 1, 2013 for a five year period, with a conditional automatic renewal for an additional five years (which was exercised). The current agreement expires on June 30, 2023. The County Manager and County Attorney have been working with RFP's Chief Executive Officer over the past several months on a contract amendment that would have the effect of renewing the current agreement with a few updates (see attached Contract Amendment). The Contract Amendment would extend the current contract (as amended) for an additional two years to June 30, 2025. Since 18 years have now passed since the original agreement, the County along with RFP will explore during this two-year extension other potential management models. FINANCIAL IMPACT: There is no financial impact with the contract amendment. The current financial basis for operation and management of the Sportsplex would be continued under this arrangement. SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated with this item. ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal impact associated with this item. RECOMMENDATION(S): The Manager recommends that the Board approve and authorize the Manager to sign the proposed Contract Amendment for the period July 1, 2023 through June 30, 2025. 2 NORTH CAROLINA CONTRACT AMENDMENT ORANGE COUNTY THIS CONTRACT AMENDMENT ("Amendment") is made and entered into this day of , 20 by and between ORANGE COUNTY(hereinafter referred to as"County") and RECREATION FACTORY PARTNERS, INC., a North Carolina Corporation having its principal place of business in Wake County, North Carolina (hereinafter referred to as"RFP"). WITNESSETH: THAT WHEREAS, the County and Recreation Factory Partners, LLC entered into a contract dated 12/15/05 for the management of the Orange County owned recreation facility currently known as the Orange County Sportsplex and amended the contract on , and (hereinafter the"Agreement"); and WHEREAS, Recreation Factory Partners, LLC converted itself to another business entity, that being Recreation Factory Partners, Inc., in 2016 and assumed all rights and responsibilities, under the Agreement, of Recreation Factory Partners, LLC; and WHEREAS, the County and RFP desire to amend the Agreement while keeping in effect all terms and conditions of the Agreement not inconsistent with the terms and conditions set forth below. NOW THEREFORE, for and in consideration of the mutual covenants and agreements made herein, the parties agree to amend the Agreement as follows: 1. Section 2.3 is amended by adding a new subsection (u) which shall read as follows: All Orange County recreation facilities are operated primarily to benefit Orange County residents at reasonable costs. In addition to adult sports leagues RFP shall offer non-travel house/recreational and travel level youth sports leagues or league access at the Facility and in so doing shall cater primarily to Orange County residents. Such house/recreational youth sports leagues shall include practices and games, matches, festivals, tournaments at substantially similar numbers, frequency, times, and costs to what has historically been provided at the Facility. Priority will be given to introduction, grassroots development and growth of youth sports. Travel youth sports teams and leagues shall not supplant, or reduce access by, house/recreational level youth leagues or teams. RFP may offer all abilities of youth sports leagues directly or through third party contracts. 2. Section 3.2(b) is amended to read as follows: Renewal of this Agreement is the "Renewal Term." This Renewal Term shall commence on July 1, 2023 and end at midnight on June 30, 2025. During this Renewal Term RFP shall fully cooperate with the County in the County's exploration of other management models for the Facility. Unless extended by written agreement of the parties the Agreement shall expire at the conclusion of this Renewal Term. 3. Section 3.3 is amended to read as follows: If the County, upon expiration of the Renewal Term, determines to continue to provide management of the Facility through a private provider and this Agreement has not been terminated upon a default by RFP or at County's discretion then the County will discuss the possibility of a new contract or arrangement with RFP for the provision of such services following the completion of the Renewal Term. The obligation to discuss the provision of such services with RFP is not, nor is it intended to be, a guarantee of any contract rights or future contract with RFP. The management model for the facility and how and by whom management is provided is in the County's exclusive and sole discretion. Revised 06/21 3 4. Section 11.3 is amended to read as follows: Compliance with laws. In connection with the performance of work under this Agreement, RFP shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal non-discrimination laws, policies, rules, and regulations and the Orange County Non-Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.oran eg coun . nc. og v/departments/purchasing division/contracts.php.) Any violation of the Orange County Non-Discrimination Policy is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to acts of discrimination. 5. Section 12.2 is amended to add a new subsection(c)to read as follows: The County shall have the right, in its discretion,to terminate the Agreement by giving no less than one hundred and twenty (120)days prior written notice of such termination to RFP. 6. Except for the changes made herein, the Agreement shall remain in full force and effect to the extent it is not inconsistent with this Amendment. In the event there is a conflict between the terms of the Agreement and the terms of this Amendment,this Amendment controls. IN TESTIMONY WHEREOF, this Amendment has been executed by the parties hereto, as of the date first above written. ORANGE COUNTY RFP Bonnie Hammersley John Stock, County Manager Revised 06/21