HomeMy WebLinkAboutOTHER-2023-037-Contract Amendment – Recreation Factory Partners, Inc. (Sportsplex) wMak3
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
i
WI-fREAS , 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 j
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
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 . orangecounlync 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 acid 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 , thi H s Amendment has been executed by the parties hereto , as of the date first above
written .
ORANGE COUNTY REP
Bonnie Hammersley John Stock,
County Manager
Revised 06/21