www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - March 7, 2017
March 7, 2017 - Regular Meeting
Agenda Item #30


Subject
Amended and Restated Franchise License Agreement, Coquina Beach Concession

Briefings
None

Contact and/or Presenter Information

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

Contact: Greg Davis, Contract Negotiator, Financial Management,  Ext. 3037



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

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

Background Discussion

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.

UPS performed satisfactorily during the initial term of the Agreement. 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.

In summary, the following terms and conditions are provided for in the attached 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.

To create equitability for the partners, the compensation is 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 will be retained by the County for capital investment improvements. 

The Amended and Restated Franchise License Agreement for Coquina Beach Concession is effective 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.



County Attorney Review
Formal Written Review (Opinion memo must be attached)

Explanation of Other


Reviewing Attorney
Clague

Instructions to Board Records

Original Amended and Restated Coquina Beach Concession Franchise License Agreement to Board of Records. 

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

Email copies to:
United Park Services, Inc., Attn: Mark Enoch at bbenoch@aol.com
Parks and Natural Resources Department, Attn:  Debbie Voorhees at debbie.voorhees@mymanatee.org
Procurement Division, Attn: Greg Davis at gregory.davis@mymanatee.org



Cost and Funds Source Account Number and Name
N/A

Amount and Frequency of Recurring Costs
N/A


Attachment:  Coquina Beach Concessione Franchise License Agreement 1 March 2017.pdf
Attachment:  Response Memo to CAO Matter No. 2016-0864 dtd 2.23.17.pdf
Attachment:  2-22-17_UPS Coquina_Agenda Memo.pdf