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 #23


Subject
Sixth Amendment to Franchise License Agreement for Manatee Beach Concessions

Briefings
None

Contact and/or Presenter Information

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

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



Action Requested
Authorize the County Administrator, or designee, to execute Sixth Amendment to Franchise Licensee Agreement for Operations and Management of Concessions at County Facilities at Manatee Beach between the County and United Park Services, Inc.

Enabling/Regulating Authority

Manatee County Code 2-24-11



Background Discussion

The Sixth Amendment provides clarification of Article 2, “Compensation,” in the Agreement where the Licensee shall make a monthly percentage payment to the County of ten percent (10%) of the total gross sales (less sales tax) and also provides clarification of the percentage for capital improvements.  Additionally, the Commercial General Liability Insurance (Article 11) requirement is increased and Liquor Liability added.

Procurement History:

On July 20, 2010, the Board of County Commissioners approved the Franchise License Agreement for Operations and Management of Concessions at County Facilities at Manatee 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 gift shop 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, as a result of issues that arose with contract administration, 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 October 25, 2016, the Board of County Commissioners approved the Fifth Amendment, which  provided for:

  • Compensation structure changed to ten percent (10%) of  monthly gross sales from the prior  fixed base payment plus percentage.   One half of one percent of the monthly compensation will be retained for capital investment.    
  • 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  repairs  and  maintenance of  buildings,  patios,walkways, and adjacent areas during the entire term of the Agreement.
  • Enhanced public restroom maintenance includes day porter services to increase cleanliness for residents and visitors.
  • The day porter will make a beach wheelchair available for use by beach patrons upon  request. 
  • Period of performance begins on October 1, 2016, and ends September 30, 2021. There is an option to renew for five (5) additional years upon mutual consent of the parties.

The First Amendment provided for the renovation of the Manatee Beach public restrooms.  Subsequent amendments 2 through 4 were initiated to allow adequate time to negotiate and reach agreement on the terms and conditions of the Fifth Amendment.



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
Revenue generating; estimated first year $440,000

Amount and Frequency of Recurring Costs
Revenue generating


Attachment:  Sixth Amendment Franchise License Agreement Manatee Beach Concession.pdf
Attachment:  Department Memo for Amendments to UPS_ Franchise License Agreements.pdf