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Backup Documents 09/26/2023 Item #16D 9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 D 9 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO RECEIVED SEP 28 2023 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Init'als Date 1. Risk Risk Management 2. County Attorney Office County Attorney Office /2'r 7/rkig3 4. BCC Office Board of County Commissioners IL re� g 2 g' 2 3 4. Minutes and Records Clerk of Court's Office .?/ a-3 )96.1 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Francheska Correa Contact Information 239-252-6020 Contact/Department Agenda Date Item was 09/26/2023 Agenda Item Number 16.D.9. Approved by the BCC Type of Document Agreement Number of Original 1 Attached Documents Attached PO number or account N/A 13-6014 Day-Star number if document is Day-Star Inc. d/b/a Unlimited Inc. to be recorded Cabana Dan's d/b/a Cabana Dan's INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be VM signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the VM document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's VM signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 09/26/2023 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County cif frP,fan option for Attorney's Office has reviewed the changes,if applicable. ✓✓`` this line. 9. Initials of attorney verifying that the attached document is the version approved by the ( N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the -� r an option for Chairman's signature. this line. 16D9 FIRST AMENDMENT TO AGREEMENT #13-6014 FOR "VANDERBILT BEACH CONCESSION AGREEMENT" THIS FIRST AMENDMENT, made and entered into on this 2(P day of 544. mb-e 2. 2023, by and between Day-Star Unlimited Inc. d/b/a Cabana Dan's (the "Concessionaire") and Collier County, a political subdivision of the State of Florida, (the "County" or "Owner") (collectively, the "Parties"): WHEREAS, on April 9, 2013 (Agenda Item 16.D.7), the County entered into Agreement #13-6014, "Vanderbilt Beach Concession Agreement" (the "Agreement") with the Concessionaire for concessionaire management services at the Vanderbilt Beach Park in Collier County, Florida; and WHEREAS, the initial term of the Agreement was five years with one additional five-year renewal option and the ability to extend the Agreement one hundred eighty (180) additional days following the expiration of the original or subsequent five year term; and WHEREAS, the Parties have exhausted all renewal and extension options under the Agreement and the Agreement is set to expire on October 5, 2023; and WHEREAS,the Parties desire to amend the Agreement to add an additional one-year period commencing on October 6, 2023 and ending October 5, 2024 under the same pricing, terms, and conditions of the Agreement, with a modification to allow the Vendor to replace the previously existing concession stand with one 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 in the same size and location as specified in County Resolution No. 98-16. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: 1. The above recitals are hereby incorporated into this First Amendment as if fully set forth herein. 2. Upon execution of this First Amendment, the Agreement shall be extended through October 5, 2024 with the Vendor providing services with a mobile unit. 3. All other terms and conditions of the Agreement, as previously amended, shall remain the same. **Remainder of this page left blank intentionally** SIGNATURE PAGE TO FOLLOW [23-PRC-05234/1812937/1] Page 1 of 2 First Amendment to Agreement#13-6014 CAO 16D9 IN WITNESS WHEREOF,the Parties have executed this First Amendment on the date and year first written above by an authorized person or agent. ATTEST: Crystal K. Kinzel, Clerk of the Circuit BOARD OF COUNTY COMMISSIONERS Court and Comptroller COLLIER COUNTY, FLORIDA By: � Llllll11P By: ;2 __.. ''"NatiVP' RICK LOCASTRO, Chairman Dated: -�.0)7 OW (SEAL) nkst a to.Chairtman s stgrWre at11y Concessionaire Witnesses: CONCESSIONAIRE: DAY-STAR UNLI I EjDINC. DB/A CABALA ' 6-....e:.,AA--- / „ p Witness / � BY k • �1(1 L S UD/ nature TType/print witness nameT / t \LANAA_ Kc.--lk,(.._ TType pnn ignature and titleT Second Witness L�� g 2 Type/print 3 T rint witness meT Date p na A oved as o o n egality: Deputy County Attorney S ,,t- p- ---.t.-A____- Print Name c ) [23-PRC-05234/1812937/1] Page 2 of 2 First Amendment to Agreement#13-6014 >CA4