Broward County Commission Regular Meeting
Director's Name: Monica Cepero
Department: County Administration Division: Parks & Recreation
Information
Requested Action
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MOTION TO APPROVE Second Amendment to the Agreement between Broward County and U.S. Champions Soccer Academy, LLC d/b/a PSG Academy Florida (“U.S. Champions”), for soccer concession programming at Central Broward Regional Park, mutually terminating the Agreement; authorize the Mayor and Clerk to execute the Second Amendment; and authorize the County Administrator to approve and execute any final settlement as she determines to be in the County’s best interest, subject to review and approval for legal sufficiency by the County Attorney’s Office (“CAO”); and authorize the CAO to take any and all legal action necessary to recover amounts owed by U.S. Champions under the Agreement. (Commission District 9)
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Why Action is Necessary
Board approval is required to execute the Second Amendment and to authorize the referenced actions.
What Action Accomplishes
This Second Amendment terminates the agreement with U.S. Champions on May 31, 2025, and authorizes the referenced actions to fully resolve and/or collect any additional amounts due.
Goal Related Icon(s)
☐County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
None.
Summary Explanation/Background
THE PARKS AND RECREATION DIVISION RECOMMENDS APPROVAL OF THE ABOVE MOTION.
On June 18, 2019 (Item No. 80), County and U.S. Champions Soccer Academy, LLC d/b/a PSG Academy Florida (“U.S. Champions”), entered into a concession agreement (as amended, the “Agreement”) granting U.S. Champions the exclusive right to provide soccer-related programing at Central Broward Regional Park.
On September 9, 2021 (Item No. 36), County and U.S. Champions entered into a First Amendment to address impacts of the COVID-19 pandemic. The First Amendment extended the Agreement’s term for 24 months through July 31, 2026, reduced U.S. Champions’ annual guarantee, provided a schedule for U.S. Champions to become current on fees owed to County, and extended the deadline for U.S. Champions to complete its required capital improvements.
The Parks and Recreation Division and U.S. Champions have each determined that the continuation of the Agreement no longer serves their respective interests. The Parks and Recreation Division recommends approval of this Second Amendment, which provides for mutually agreed early termination of the Agreement.
If the Second Amendment is approved, the Agreement will terminate on May 31, 2025 (the “Termination Date”). U.S. Champions has not been suspended or debarred from contracting with the County and is not ineligible from contracting with the County or responding to County solicitations.
The Second Amendment preserves each party’s right to assert claims related to actions or omissions occurring before the Termination Date. This item authorizes the County Administrator to negotiate and approve any final settlement, subject to review and approval for legal sufficiency by the CAO; and further authorizes the CAO to take any legal action necessary to recover amounts owed by U.S. Champions under the Agreement.
Source of Additional Information
Dan West, Director, Parks and Recreation Division, (954) 357-8106
Fiscal Impact
Fiscal Impact/Cost Summary
U.S. Champions pays an annual guarantee under the Agreement of $220,000 each contract year, and is required to provide a capital investment in the estimated amount of $750,000 during the remainder of the Agreement’s term, along with other ancillary fees for its use of the stadium at Central Broward Regional Park. Approval of this item would terminate the Agreement as of May 31, 2025, thus alleviating U.S. Champions’ obligations after that date but also returning the concession rights to the County.