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Resolution 2018-30369RESOLUTION NO: 2018-30369 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A LIMITED EXCEPTION TO SECTION 6(C) OF THE THIRD AMENDED AND RESTATED RULES AND REGULATIONS FOR BEACHFRONT CONCESSION OPERATIONS (PROHIBITING NEW APPLICATIONS FOR MOBILE COOKING /HEATING CONCESSION FACILITIES), AND APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE TEMPORARY LETTER AGREEMENTS WITH THOSE INTERESTED PRIVATE UPLAND PROPERTY OWNERS (CONCESSIONAIRES), LOCATED IMMEDIATELY WESTWARD OF THE BEACHFRONT, FOR A SIX MONTH PILOT PROGRAM IN ORDER TO EVALUATE THE MANAGEMENT AND OPERATION OF NO MORE THAN ONE (1) MOBILE COOKING /HEATING CONCESSION FACILITY, WHICH WILL BE LOCATED SEAWARD OF THE UPLAND PROPERTY; AND SHOULD THE ADMINISTRATION DETERMINE THAT THE PILOT PROGRAM WAS SUCCESSFUL, AUTHORIZING THE ADMINISTRATION TO SUBMIT PROPOSED MODIFICATIONS TO THE RULES AND REGULATIONS GOVERNING THE UTILIZATION OF MOBILE COOKING /HEATING CONCESSION FACILITIES AS PART OF THE BEACHFRONT CONCESSION AGREEMENTS ISSUED ANNUALLY TO THE UPLAND PROPERTY OWNERS. WHEREAS, on May 11, 2016, the Mayor and City Commission adopted Resolution No. 2016- 29403, approving the Third Amended and Restated Rules and Regulations for Beachfront Concession Operations (the "Rules and Regulations "); and WHEREAS, the City Commission implemented a two -year deadline for all food trailers ( "mobile cooking /heating Concession Facilities "), which were operating on the beachfront (five (5) at that time), and required to cease operations pursuant to the 2016 amendment to the Rules and Regulations; and WHEREAS, the City does not authorize any mobile cooking /heating Concession Facilities on the beachfront pursuant to the 2016 amendment to the Rules and Regulations; and WHEREAS, at the June 6, 2018 City Commission meeting, the Mayor and City Commission referred a discussion regarding the issuance of a Request for Proposals (RFP) for beachfront mobile cooking /heating Concession Facilities to the Finance and Citywide Projects Committee (FCWPC) at its July 27, 2018 meeting; and WHEREAS, the Administration recommends the implementation of a pilot program with interested upland property owners of hotels and condominiums ( "Concessionaires "), located immediately westward of the beachfront, in order to assist the Administration in the development of a solicitation by evaluating the management and operation of these Concession Facilities, including, but not limited to, the number of serving stations permitted to operate, placement locations for the concessions, allowable goods and services to be sold at the concessions, pricing for allowable goods and services, physical requirements for the serving stations and associated equipment, and rent and /or revenue sharing consideration to the City; and WHEREAS, the Administration believes that these Concessionaires are best suited to operate an adjacent mobile food concession, and will provide faster and better service from the upland property to the public, residents and guests on the beachfront and would serve to assist the Administration in the development of a solicitation; and WHEREAS, the pilot program will be operated pursuant to the Rules and Regulations, which, among other things, contain licensing, insurance and indemnification requirements, with the exception that under the pilot program the concession must be operated solely by the Concessionaire and subcontracting to third party operators is prohibited; and WHEREAS, the Administration recommends that the Mayor and City Commission approve this limited exception to Section 6(c) to the Rules and Regulations, and authorize the City Manager to execute temporary letter agreements On the form attached to the City Commission Memorandum accompanying this Resolution) for the use of mobile cooking /heating Concession Facilities during the pilot program for the fee of $10,000 per month. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve a limited exception to Section 6(c) of the Third Amended and Restated Rules and Regulations for Beachfront Concession Operations (prohibiting new applications for mobile cooking /heating Concession Facilities), and approve and authorize the City Manager to execute temporary letter agreements with interested private upland property owners (Concessionaires), located immediately westward of the beachfront, for a six month pilot program in order to evaluate the management and operation of no more than one (1) mobile cooking /heating Concession Facility, which will be located seaward of the upland property; and should the Administration determine that the pilot program was successful, authorize the Administration to submit proposed modifications to the Rules and Regulations governing the utilization of mobile cooking /heating Concession Facilities as part of the beachfront concession agreements issued annually to the upland property owners. PASSED and ADOPTED THIS 027 day of ✓Iggt. , 2018. ATTEST: Rafael, E Joi SiLaltI ranado, City Clerk cr ;, 44 lIber, Mayor ED AS TO NGUAGE XECUTION Attorney ,yam Agenda Item R7 i Date 6 -d7 -lit MIAMIBEACH City of Mleml Beach, 1700 Convention Center Drive, Miami Beach, FlorMa 33139, wmv.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Dan Gelber and Members FROM: Jimmy L. Morales, City Mana DATE: June 27, 2018 the City C mission SUBJECT: A RESOLUTION OF TH MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A LIMITED EXCEPTION TO SECTION 6(C) OF THE THIRD AMENDED AND RESTATED RULES AND REGULATIONS FOR BEACHFRONT CONCESSION OPERATIONS (PROHIBITING NEW APPLICATIONS FOR MOBILE COOKING /HEATING CONCESSION FACILITIES), AND APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE TEMPORARY LETTER AGREEMENTS WITH THOSE INTERESTED PRIVATE UPLAND PROPERTY OWNERS (CONCESSIONAIRES), LOCATED IMMEDIATELY WESTWARD OF THE BEACHFRONT, FOR A SIX MONTH PILOT PROGRAM IN ORDER TO EVALUATE THE MANAGEMENT AND OPERATION OF NO MORE THAN ONE (1) MOBILE COOKING /HEATING CONCESSION FACILITY, WHICH WILL BE LOCATED SEAWARD OF THE UPLAND PROPERTY; AND SHOULD THE ADMINISTRATION DETERMINE THAT THE PILOT PROGRAM WAS SUCCESSFUL, AUTHORIZING THE ADMINISTRATION TO SUBMIT PROPOSED MODIFICATIONS TO THE RULES AND REGULATIONS GOVERNING THE UTILIZATION OF MOBILE COOKING /HEATING CONCESSION FACILITIES AS PART OF THE BEACHFRONT CONCESSION AGREEMENTS ISSUED ANNUALLY TO THE UPLAND PROPERTY OWNERS. RECOMMENDATION Adopt the Resolution. Commission Memorandum Beachfront Concession Food Stations June 27, 2016 Page 2 of 3 BACKGROUND On May 11, 2016, the Mayor and City Commission adopted Resolution No. 2016- 29403, approving the Third Amended and Restated Rules and Regulations for Beachfront Concession Operations (the "Rules and Regulations). As part of the 2016 amendment to the Rules and Regulations, the City Commission implemented a two year deadline of May 11, 2018 for all food trailers ( "mobile cooking /heating Concession Facilities ") which were operating on the beachfront (five (5) at that time) to cease operations. The City does not authorize any mobile cooking /heating Concession Facilities on the beachfront pursuant to the 2016 amendment to the Rules and Regulation. At this time there are no food trailers operating on the beachfront. At the June 6, 2018 Commission meeting, the Mayor and City Commission referred a discussion regarding the issuance of a Request for Proposals (RFP) for beachfront food trailers to the Finance and Citywide Projects Committee (FCWPC) at its July 27, 2018 meeting. ANALYSIS The Administration recommends a pilot program for food trailers to be located seaward of upland hotels and condominiums, as the operators of these buildings are best suited to operate an adjacent food trailer. These would be utilized by the hotels and condominiums as mobile food and beverage serving stations and would provide faster and better service from the upland property to the public, residents and guests on the beachfront. The pilot program will assist in developing various considerations for the solicitation, including, but not limited to, the number of food trailers permitted to operate, placement locations for food trailer concessions, allowable goods and services to be sold at the concessions, pricing for allowable goods and services, physical requirements for the food trailers and associated equipment, and rent and /or revenue sharing consideration to the City. The pilot program would be pursuant to a Letter Agreement, attached hereto in substantial form as Exhibit A — Letter Agreement, between the City and the upland property owner (Concessionaire). The agreement would be for six (6) months and the Concessionaire would pay the City a fee of $10,000 monthly, plus applicable taxes. The mobile cooking /heating Concession Facilities must be operated by the upland property owner and subcontracting to third party operators is prohibited. The concessionaires must obtain any and all necessary licenses and permits required for its concession operations and must comply with the City's insurance and indemnification requirements. The concessionaires are responsible for removal of all trash generated by their operations and the mobile cooking /heating Concession Facilities must be removed from the beachfront at the end of each day. Commission Memorandum Beachfronf Concession Food Stations June 27, 2018 Page 3 of 3 Upon completion, if the pilot program is deemed successful by the City Manager, the Administration recommends amending the Rules and Regulations governing the utilization of mobile cooking /heating Concession Facilities as part of the beachfront concession agreements issued annually to upland property owners. CONCLUSION The Administration recommends that the Mayor and City Commission approve the limited exception to Section 6(c) of the Rules and Regulations, and authorize the City Manager to execute temporary letter agreements (in the form attached hereto) for the use of mobile cooking /heating Concession Facilities during the pilot program for the fee of $10,000 per month. Exhibits: A Letter Agreement JLM /KKES /MMM T:AGENDA\2018 \06 June \TCED\June 27 Meeting\Food Trailers\Beachfront Concession Food Stations Memo 06 -27 -18 3.docx City of Miami Beach, 1700 Convention Center Drive, Miami Beach, EL 33139, wnw.miamibeachfl.gov TOURISM, CULTURE AND ECONOMIC DEVELOPMENT DEPARTMENT Office of Real Estate Tel: 305- 673 -7193 / Fax: 786- 394 -4539 July 1, 2018 Miami Beach, FL 33139 RE: TEMPORARY AUTHORIZATION TO OPERATE ONE (1) COOKING AND HEATING CONCESSON FACILITY (THE "MOBILE COOKING /HEATING CONCESSION FACILITY ") SEAWARD OF LOCATED AT MIAMI BEACH, FLORIDA FOR THE LIMITED PERIOD COMMENCING JULY 1, 2018 AND ENDING DECEMBER 31, 2018. Dear Please be advised that the City of Miami Beach ( "City") has concluded its review of your request for authorization to operate the above referenced beachfront concession. All of the required documentation has been appropriately submitted and your request has been approved subject to the following conditions: (hereinafter referred to as Upland Owner / Concessionaire) is hereby authorized to operate the following beach concession(s): Food and Non- Alcohollc Beverages (Cooking / Heating allowed) pursuant to Resolution No. 2018- authorizing a limited exception to section 6(c) of the Third Amended and Restated Rules and Regulations for Beachfront Concession Operations (the "Rules and Regulations ") for a six month pilot program, during which term Concessionaire shall be the site operator, as subcontracting for the operation of the mobile cooking /heating Concession Facility shall not be permitted. 2. Any City Business Tax Receipt(s) required for the beachfront concession(s) authorized in Paragraph 1 above, must be secured concurrent with your acceptance of the terms and conditions of said authorization. Said acceptance shall be deemed to have occurred upon execution of this Letter Agreement by all parties hereto. Please be reminded that the respective City Business Tax Receipt(s) must be obtained prior to the placement of any equipment or facilities on the beachfront and prior to commencement of any beachfront operation. 3. Concessionaire understands and agrees to submit to the City, concurrent with this fully executed Letter Agreement, the annual fee in the amount of for use of the beachfront area located at Said fee shall be subject to increases in accordance with the City's Business Tax Receipt rate schedule. 4. In exchange for use of the beachfront area to operate the mobile cooking /heating Concession Facility, Upland Owner / Concessionaire agrees to pay the City a monthly fee, in the amount equal to Ten Thousand and 00/100 ($10000) Dollars, plus applicable taxes, on or before the first day of each month during the term(s) of this Letter Agreement. 5. Concessionaire agrees that any change, modification, or other deviation or amendment to the Application for Beachfront Concession submitted pursuant to this request for authorization must be approved in writing by the City said approval to be at the City Managers sole discretion, prior to implementation of same. 6. Nothing herein contained shall be construed to relieve the Concessionaire or its employees from We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tractal, historic community complying with the Rules and Regulations, subject to the approved exceptions set forth in Section 1 herein, or any other applicable City, County, State, or Federal laws or requirements. The City may provide notice of amendments to the Rules and Regulations as a courtesy; however, it shall ultimately be the Concessionaire's responsibility to be aware of and, as deemed necessary by Concessionaire, to obtain the latest version of the Rules and Regulations. 7 The authorization granted herein does not provide for the placement of any concession facility, or storage facility, on the beachfront unless such facilities have received appropriate City Design Review approval, if required. 8. Notwithstanding any provisions contained in the Rules and Regulations, Concessionaire agrees and understands that in the event a "Hurricane Warning' is issued by the Miami -Dade County Office of Emergency Management, Concessionaire shall completely remove from the beach all Beach Concession trailers, dispensing facilities, stands, storage facilities, equipment, and all other items, within four (4) hours of said "Hurricane Warning." Be further advised that failure to comply with the requirements contained in this paragraph may be considered grounds for termination of this authorization. 9. Concessionaire shall indemnify, defend and hold the City harmless from all claims, liability, losses, and causes of action which may arise out of the Concessionaire's operation and /or use of the beachfront pursuant to this authorization and shall pay ail claims and losses of any nature whatsoever in connection therewith and shall defend all suits, in the name of the City, and shall pay all costs (including attorneys fees) and judgments which may issue thereon. This indemnification shall not be limited in any way by the type or amount of insurance carded by Concessionaire. For purposes of this Letter Agreement, Concessionaire shall be deemed to include any employees, agents, and /or any other person or entity acting under the direction or control of the Concessionaire. This paragraph is expressly intended to survive termination and/or expiration of this Letter Agreement. 10. Any litigation between the parties, arising out of, or in connection with this Letter Agreement, shall be initiated in the court system of the County of Miami -Dade, State of Florida. 11. The authorization granted herein shall not be construed to vest any additional rights upon the Concessionaire that do not otherwise exist, except for the privilege of temporary use of the beachfront in accordance with the conditions set forth herein, in the Rules and Regulations and all other applicable Municipal, State, County and Federal law. 12. Concessionaire is hereby notified that all beaches are public and, as such concession operations shall not restrict, or appear to restrict access, or limit in any manner the public nature and /or ambiance of the beachfront. Concession facilities shall be deployed in a manner that assures public access and encourages public use of the beach, taking into consideration the characteristics of the individual property involved. Failure to comply with this paragraph may result in revocation of this authorization. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE CITY MANAGER MAY TERMINATE THIS LETTER AGREEMENT AND REVOKE THE CONCESSION AUTHORIZATION GRANTED HEREIN, AT ANY TIME AND AT ITS SOLE DISCRETION, FOR CONVENIENCE AND WITHOUT CAUSE, WITHOUT INCURRING ANY LIABILITY, BY PROVIDING THIRTY (30) DAYS WRITTEN NOTICE TO CONCESSIONAIRE, WHICH TERMINATION SHALL BE EFFECTIVE AS OF THE DATE SPECIFIED IN SAID WRITTEN NOTICE. The undersigned, as authorized representative for hereby understands and acknowledges the terms and conditions outlined above and agrees to abide therewith. Authorized Representative for Date Witness Jimmy L. Morales, City Manager Date We are committed to providing excellent public service and safety to all who live, work. end play in our vibrant tropical, historic community.