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Backup Documents 01/12/2012 Item #16E 56 E y i MEMORANDUM Date: January 20, 2012 To: Diana De Leon, Contract Technician Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #11 -5666 — Amendment #1 Barefoot Beach Concessionaire w/Day -Star Unlimited, Inc. d /b /a Cabana Dan's Attached is an original copy of the contract amendment referenced above, (Item #16E5) approved by the Board of County Commissioners January 10, 2012. The second original will be held on file in the Minutes and Record's Department for the Board's Official Record. If you have any questions, please contact me at 252 -8406. Thank you. Attachment �c Cotes Admit Services Division Purchaing Memorandum 16E5 Purchasing Department 3327 Tamiami Trail East Naples, Florida 34112 Telephone: (239) 252 -8375 FAX: (239) 252 -6597 Email: dianadeleon 0colliergov.net www. colliergov.neVpurchasing C9 Subject: Contract #11 -5666 "Barefoot Beach Concessionaire Agreement" and Amend #1 Date: January 11, 2012 From: Diana Diaz DeLeon, CPPB, Contract Technician, Purchasing Dept. To: Ray Carter, Manager Risk Finance f4111 The contract was approved by the BCC on November 8, 2011 agenda item 10H. Amendment #1 was approved by the BCC on January 10, 201 agenda item 16E5. Please review the Insurance Certificate(s) for Day -Star Unlimited, Inc. d /b /a Cabana Dan's. 1 • If the insurance is not in order please contact the vendor /insurance company to obtain a proper certificate. Once you receive the proper certificate(s), please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. • /f the insurance is in order please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. If you Manager Risk Finance Signature contact me at the above referenced information. (Please route to County Attorney via attached Request for Legal Services) NJ RECEIVED AN 12 201C R16K MANAGEMENT ZZI, z Date G/ Acquisitions/ AgentFormsandLetters /RiskMgmtReviewoflnsurance4 /15/2010/16/09 16 E5 EXHIBIT A -1 Contract Amendment # 1 Contract #11 -5666 "Barefoot Beach Concessionaire Agreement" This amendment, dated .Jcui. i b , 201 to the referenced agreement shall be by and between the parties to the original Agreement, Day -Star Unlimited, Inc., d/bla Cabana Dan's (to be referred to as "Concessionaire ") and Collier County, Florida, (to be referred to as "Owner "). Statement of Understanding RE: Contract # 11 -5666 `Barefoot Beach Concessionaire Agreement" In order to continue the services provided for in the original Contract document referenced above, both parties agree to amend the referenced Contract as follows: The additions to the existing language in the Agreement are shown herein by underlining, deletions from the Agreement are shown by strikethroughs. 1. SCOPE A. TERM The County Manager or his designee may extend this Agreement for up to one hundred eighty (180) additional days following expiration of the original or subsequent five (5) year terms. 11. CONSIDERATION Both proceeds and utility payments are due to the County by ..he fifteenth (15th) of each month for the preceding month and such payments shall be accompanied by a statement of gross receipts for the preceding month. Said payments shall be waived for a period of two (2) months beginning on the date the Concessionaire opens for business and terminating sim (60) days later. 44 alse undef steed that the applieable Fierida State Sales Use Twi en fental payments to the Geuat�, shall be 12. DEFAULT IN PAYMENT A monthly report of gross receipts, the payments computed on that amount, and any other tomes fl -fees due must be submitted to the County through the Director of Parks and Recreation, to be received by the fifteenth (15t) of each month. EXHIBIT A -2 Drawing of existing facility labeled "Vending Machines " shall now be labeled "Food and Beverage Storage ". All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Concessionaire and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. ATTEST: DWIGHT E,I1W0C.Y;, Qlerk By: ujo . Date dtt t11lijo Accepted: Ili v) LAL Q rcn t 20 f a BOARD OF COUNTY COMMISSIONERS COLLIER , FLORIDA By: W. FRED W. COYLE, Chairman Assistam wui ny nuvi 11Gy 16E5 'I Approved as to form and le5W-41.1 al sufficiency R 4. ant County Attorney WITNESSES: CONCES Cabana Dan's (I> 'l/Iy BY: iel J. �Jo.tis Printed/Typed Name (2) r Printed/Typed Name 2