www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - June 20, 2017
June 20, 2017 - Regular Meeting
Agenda Item #22


Subject
First Amendment to Amended and Restated Franchise License Agreement for Coquina Beach Concessions

Briefings
None

Contact and/or Presenter Information

Presenter: Charlie Hunsicker, Director, Parks and Natural Resources, Ext. 6001

Contact: Greg Davis, Financial Management Department, Procurement Division, Ext. 3037



Action Requested
Authorize the County Administrator, or designee, to execute the First Amendment to the Amended and Restated Franchise License Agreement between Manatee County and United Park Services, Inc. (UPS) for Operations and Management of Concessions at County Facilities at Coquina Beach.

Enabling/Regulating Authority
Manatee County Code 2-24-11

Background Discussion

The First Amendment incorporates the Liquor Liability clause into Article 11 of  the Amended and Restated Franchise License Agreement for Operations and Management of Concessions at County Facilities at Coquina Beach.

Procurement History:

On June 22, 2010, the Board of County Commissioners (BCC) approved the franchise license agreement for the Operations and Management of Concessions at County Facilities at Coquina Beach with United Park Services (UPS) Inc. for a period of five (5) years.  In accordance with the franchise license agreement (Agreement) UPS provides operation and upkeep of the concession and surrounding grounds.

The Agreement allowed up to two (2) five-year renewal terms at the same terms and conditions of the current Agreement.  However, the County and UPS agreed to engage in renegotiating certain terms and conditions of the Agreement in order to address items contractually and enhance the Agreement to better serve the general public.

On March 7, 2017, the Board of County Commissioners (BCC) approved the Amended and Restated Franchise License Agreement for Coquina Beach Concession for five (5) years commencing on March 1, 2017, and ending February 28, 2022.  There is one (1) renewal option to renew for five (5) additional years upon mutual consent of the parties. To create equitability for the partners, the compensation was updated to require twelve and one-half percent (12.5%) of monthly gross sales less sales tax.  One and one-half percent (1.5%) of the monthly compensation is retained by the County for capital investment improvements.

The following terms and conditions are provided for in the Amended and Restated Franchise License Agreement.

  • Redefine compensation structure and capital investment for the upcoming term;
  • Recurring capital investment by UPS for the life of the Agreement;
  • Maintenance and repair responsibilities of County and UPS are 
    clarified for better accountability, and facilities, equipment, maintenance, and improvements are defined;
  • UPS will be responsible for all interior and exterior maintenance of  buildings, patios, walkways, and adjacent areas during the entire term of the Agreement;
  • UPS will be responsible for all repair, maintenance, and replacement of air conditioning system;
  • UPS will be responsible for signing in/out of Beach Wheelchair for use by beach patrons upon request.


County Attorney Review
Not Reviewed (No apparent legal issues)

Explanation of Other


Reviewing Attorney
N/A

Instructions to Board Records

Original to Board Records.

Copy to: United Park Services, Inc., 4737 Dolphin Cay Lane, #602, St. Petersburg, FL 33711.

Email copies to:
Debbie Voorhees, Parks and Natural Resources, debbie.voorhees@mymanatee.org;

Margaret Daniell, Property Management, margaret.daniell@mymanatee.org; and

Greg Davis, Procurement Division, gregory.davis@mymanatee.org



Cost and Funds Source Account Number and Name
N/A

Amount and Frequency of Recurring Costs
Revenue generating estimated to be $60,000 per year


Attachment:  First Amendment to Amended and Restated Franchise License Agreement for Coquina Beach Concessions.pdf
Attachment:  Department Memo for Amendments to UPS_ Franchise License Agreements.pdf