Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - October 25, 2016
REVISED October 25, 2016 - Regular Meeting
Agenda Item #21

Fifth Amendment to Agreement 10-3347MA: Franchise License Agreement for Operations and Management of Concessions at County Facilities at Manatee Beach


Contact and/or Presenter Information

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

Contact:  Frank Lambertson, Contracts Negotiator, Financial Management Department, Ext. 3042

Action Requested

Motion to approve the Fifth Amendment to the Franchise License Agreement between Manatee County and United Park Services, Inc., for Operations and Management of Concessions at County Facilities at Manatee Beach, and to authorize the County Administrator or his designee to execute the Fifth Amendment.

Enabling/Regulating Authority

Manatee County Code 2-24-11

Background Discussion

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. 

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

The following terms and conditions are provided for in the attached Fifth Amendment to the Agreement: 

  • 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.
To create equitability for the partners, the 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. 

The period of performance commences 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
    Formal Written Review (Opinion memo must be attached)

    Explanation of Other

    Reviewing Attorney

    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;
    Robert Eschenfelder, CAO, robert.eschenfelder@mymanatee.org; and
    Frank Lambertson, Procurement Division, frank.lambertson@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:  UPS Fifth Amendment 10-14-16.pdf
    Attachment:  SupportingDocEmail101416.pdf
    Attachment:  UPS Fifth Amendment - Department Memo.pdf
    Attachment:  Email re Compensation Terms of Franchise License Agreement.pdf