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Agenda 09/26/2023 Item #16D 9 (First amendment to agreement Vanderbilt Beach Concession with Day-Star Unlimited, Inc.)09/26/2023 EXECUTIVE SUMMARY Recommendation to approve a First Amendment to Agreement No. 13-6014, “Vanderbilt Beach Concession,” with Day-Star Unlimited, Inc., d/b/a Cabana Dan’s, providing for a one-year extension. OBJECTIVE: To extend existing Agreement No. 13-6014, “Vanderbilt Beach Concession Agreement,” for a period of one year. CONSIDERATIONS: The original agreement with Day-Star Unlimited, Inc. d/b/a Cabana Dan’s was approved by the Board on April 9, 2013 (Agenda Item No. 16.D.7), for concessionaire servic es at Vanderbilt Beach for an initial five-year term (the “Agreement”). The Agreement was renewed for an additional five-year term ending April 8, 2023, and administratively extended per Agreement for 180 days until October 5, 2023. Cabana Dan’s has successfully provided concessionaire services for Vanderbilt Beach since 2003. The business provides Collier County beach patrons with rental services ranging from paddleboards to cabanas and beach chairs. The concessionaire’s stand was destroyed in Hurricane Ian, but Cabana Dan’s has continued providing services working out of tents and umbrellas on the beach that are set up and broken down each day. In order to be fully operational, Cabana Dan’s plans to replace the destroyed concession stand with a concession stand that has wheels and is “road ready” so that it may be moved in the event of an emergency (pursuant to FEMA and County regulations), being the same size and location as specified in Resolution No. 98-16. The Agreement with Day-Star Unlimited, Inc. d/b/a Cabana Dan’s is set to expire on October 5, 2023. To avoid a disruption in service, staff recommends an extension to the existing Agreement for a period of one year while the Division prepares and processes a new solicitation package in the fall of 2023. If this Agreement is not extended to allow the current vendors continued operation, there will be a disruption in service as Parks does not currently have the capacity to take over the rental services. Staff recommends that the Board approve the attached First Amendment extending the Agreement for one-year. This extension will revise the current expiration date to October 5, 2024. FISCAL IMPACT: The Agreement provides a concessionaire fee of twenty percent of gross receipts with a minimum monthly guarantee of nine hundred dollars ($900). At the minimum monthly fee, the County can expect to receive a minimum of $10,800 in concessionaire fees over the year. However, the average received for 2023 has been $2,000 monthly. Revenue will be deposited in Fund 0001-156363. GROWTH MANAGEMENT IMPACT: There is no direct impact on the Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: To approve a First Amendment to extend the existing Agreement No. 13-6014, “Vanderbilt Beach Concession Agreement” with Day-Star Unlimited, Inc. d/b/a Cabana Dan’s for a period of one year as provided above, and authorize the Chairman to sign the attached Amendment. Prepared By: Viviana Giarimoustas, Management Analyst II, Public Services Department ATTACHMENT(S) 1. 13-6014_First Amendment_Vendor signed (PDF) 2. 13-6014 CabanaDan_Contract (PDF) 3. 13-6014 Vanderbilt Beach Concession signed ltr (PDF) 4. 13-6014 CabanaDan_1of1_5YrRenewal (PDF) 16.D.9 Packet Pg. 1729 09/26/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.9 Doc ID: 26697 Item Summary: Recommendation to approve a First Amendment to Agreement No. 13-6014, “Vanderbilt Beach Concession,” with Day-Star Unlimited, Inc., d/b/a Cabana Dan’s, providing for a one-year extension. Meeting Date: 09/26/2023 Prepared by: Title: – Public Services Department Name: Todd Henry 09/18/2023 12:54 PM Submitted by: Title: Department Head – Public Services Department Name: Tanya Williams 09/18/2023 12:54 PM Approved By: Review: Operations & Veteran Services Jeff Weir OVS Director Review Completed 09/18/2023 1:29 PM Parks & Recreation Olema Edwards Additional Reviewer Completed 09/18/2023 1:34 PM Public Services Department Todd Henry PSD Level 1 Reviewer Completed 09/18/2023 2:14 PM Procurement Services Vanessa Miguel Level 1 Purchasing Gatekeeper Completed 09/18/2023 2:37 PM Procurement Services Sue Zimmerman Additional Reviewer Completed 09/18/2023 2:41 PM Procurement Services Sandra Herrera Procurement Director Review Completed 09/18/2023 2:44 PM Public Services Department Tanya Williams PSD Department Head Review Completed 09/19/2023 2:56 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 09/19/2023 3:32 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/19/2023 3:41 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/19/2023 4:49 PM Office of Management and Budget Blanca Aquino Luque Additional Reviewer Completed 09/20/2023 8:52 AM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 09/20/2023 11:16 AM Board of County Commissioners Geoffrey Willig Meeting Pending 09/26/2023 9:00 AM 16.D.9 Packet Pg. 1730 16.D.9.aPacket Pg. 1731Attachment: 13-6014_First Amendment_Vendor signed (26697 : Extend Agreement No. 13-6014, “Vanderbilt Beach Concession” with Day-Star 16.D.9.aPacket Pg. 1732Attachment: 13-6014_First Amendment_Vendor signed (26697 : Extend Agreement No. 13-6014, “Vanderbilt Beach Concession” with Day-Star 16.D.9.b Packet Pg. 1733 Attachment: 13-6014 CabanaDan_Contract (26697 : Extend Agreement No. 13-6014, “Vanderbilt Beach Concession” with Day-Star Unlimited, 16.D.9.b Packet Pg. 1734 Attachment: 13-6014 CabanaDan_Contract (26697 : Extend Agreement No. 13-6014, “Vanderbilt Beach Concession” with Day-Star Unlimited, 16.D.9.b Packet Pg. 1735 Attachment: 13-6014 CabanaDan_Contract (26697 : Extend Agreement No. 13-6014, “Vanderbilt Beach Concession” with Day-Star Unlimited, 16.D.9.b Packet Pg. 1736 Attachment: 13-6014 CabanaDan_Contract (26697 : Extend Agreement No. 13-6014, “Vanderbilt Beach Concession” with Day-Star Unlimited, 16.D.9.b Packet Pg. 1737 Attachment: 13-6014 CabanaDan_Contract (26697 : Extend Agreement No. 13-6014, “Vanderbilt Beach Concession” with Day-Star Unlimited, 16.D.9.b Packet Pg. 1738 Attachment: 13-6014 CabanaDan_Contract (26697 : Extend Agreement No. 13-6014, “Vanderbilt Beach Concession” with Day-Star Unlimited, 16.D.9.b Packet Pg. 1739 Attachment: 13-6014 CabanaDan_Contract (26697 : Extend Agreement No. 13-6014, “Vanderbilt Beach Concession” with Day-Star Unlimited, 16.D.9.b Packet Pg. 1740 Attachment: 13-6014 CabanaDan_Contract (26697 : Extend Agreement No. 13-6014, “Vanderbilt Beach Concession” with Day-Star Unlimited, 16.D.9.b Packet Pg. 1741 Attachment: 13-6014 CabanaDan_Contract (26697 : Extend Agreement No. 13-6014, “Vanderbilt Beach Concession” with Day-Star Unlimited, 16.D.9.b Packet Pg. 1742 Attachment: 13-6014 CabanaDan_Contract (26697 : Extend Agreement No. 13-6014, “Vanderbilt Beach Concession” with Day-Star Unlimited, 16.D.9.b Packet Pg. 1743 Attachment: 13-6014 CabanaDan_Contract (26697 : Extend Agreement No. 13-6014, “Vanderbilt Beach Concession” with Day-Star Unlimited, 16.D.9.b Packet Pg. 1744 Attachment: 13-6014 CabanaDan_Contract (26697 : Extend Agreement No. 13-6014, “Vanderbilt Beach Concession” with Day-Star Unlimited, 16.D.9.b Packet Pg. 1745 Attachment: 13-6014 CabanaDan_Contract (26697 : Extend Agreement No. 13-6014, “Vanderbilt Beach Concession” with Day-Star Unlimited, 16.D.9.b Packet Pg. 1746 Attachment: 13-6014 CabanaDan_Contract (26697 : Extend Agreement No. 13-6014, “Vanderbilt Beach Concession” with Day-Star Unlimited, 16.D.9.b Packet Pg. 1747 Attachment: 13-6014 CabanaDan_Contract (26697 : Extend Agreement No. 13-6014, “Vanderbilt Beach Concession” with Day-Star Unlimited, 16.D.9.b Packet Pg. 1748 Attachment: 13-6014 CabanaDan_Contract (26697 : Extend Agreement No. 13-6014, “Vanderbilt Beach Concession” with Day-Star Unlimited, 16.D.9.b Packet Pg. 1749 Attachment: 13-6014 CabanaDan_Contract (26697 : Extend Agreement No. 13-6014, “Vanderbilt Beach Concession” with Day-Star Unlimited, 16.D.9.c Packet Pg. 1750 Attachment: 13-6014 Vanderbilt Beach Concession signed ltr (26697 : Extend Agreement No. 13-6014, “Vanderbilt Beach Concession” with 16.D.9.d Packet Pg. 1751 Attachment: 13-6014 CabanaDan_1of1_5YrRenewal (26697 : Extend Agreement No. 13-6014, “Vanderbilt Beach 16.D.9.d Packet Pg. 1752 Attachment: 13-6014 CabanaDan_1of1_5YrRenewal (26697 : Extend Agreement No. 13-6014, “Vanderbilt Beach