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2001-24678 ResoRFP) for the future operation of beachfront concessions on the beaches seaward of Lummus Park, Ocean Terrace and North Shore Open Space Park; and WHEREAS, on February 21, 2001, the Mayor and City Commission authorized the issuance of said RFP No. 22-00/01 and same was subsequently issued without the inclusion of Pier Park and Oceanfront Park; and WHEREAS, on September 18, 2001, the City's Asset Manager received a request from Penrod Brothers to enter into a concession agreement for the beachfront area seaward of Pier Park; and WHEREAS, the Administration deems that entering into a Concession Agreement with Penrod Brothers would provide for a continued service to beach patrons and thus be in the best interest of the City; and WHEREAS, said Concession Agreement would provide for the same terms and conditions as those required for concessions seaward of privately owned uplands.NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission waive by 517ths vote, the competitive bidding requirement, finding such waiver to be in the best interest of the City, and approve a Concession Agreement by and between the City of Miami Beach and Penrod Brothers, Inc., for the management and operation of beachfront concessions on the beaches seaward of Pier Park, Miami Beach,Florida, the term of which shall be on a month-to-month basis, and terminable without cause and for convenience, with thirty (30) days written notice, at the City's discretion; and further authorize the Administration and the City Attorney's Office to negotiate said Concession Agreement with Penrod Brothers and authorize the Mayor and City Clerk to execute same; said Concession Agreement, in addition to being terminable for convenience, at the city's discretion, to include the following terms and conditions:Concessionaire shall acknowledge and agree to be bound by the City's Rules And Regulations For Beachfront Concession Operations, as amended; Concessionaire shall obtain any and all necessary licenses and permits required for its concession operations;Concessionaire to pay City annually the greater of $10,000, or 20% of the gross revenues it derives for the privilege of operating the concession; and Concessionaire to comply with the City's insurance and indemnification requirements. PASSED AND ADOPTED THIS 28th day of November 2001.cu~CITY CLERK APPROVEDAS10 lANGUAGE FOR EXeCUTION MAYOR Attest: CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami~beach. fl.us COMMISSION MEMORANDUM FROM:Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez ~ City Manager ~DATE: November 28,2001 TO:SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING BY 517ths VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND APPROVING A CONCESSION AGREEMENT BY AND BETWEEN THE CITY OF MIAMI BEACH AND PENROD BROTHERS, INC., FOR THE MANAGEMENT AND OPERATION OF BEACHFRONT CONCESSIONS ON THE BEACHES SEAWARD OF PIER PARK, MIAMI BEACH, FLORIDA, THE TERM OF WHICH SHALL BE ON A MONTH-TO- MONTH BASIS, AND TERMINABLE WITHOUT CAUSE AND FOR CONVENIENCE, WITH THIRTY (30) DAYS WRITTEN NOTICE, AT THE CITY'S DISCRETION; FURTHER AUTHORIZING THE ADMINISTRATION AND THE CITY ATTORNEY'S OFFICE TO NEGOTIATE SAID CONCESSION AGREEMENT WITH PENROD BROTHERS AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAME; SAID CONCESSION AGREEMENT, IN ADDITION TO BEING TERMINABLE FOR CONVENIENCE, AT THE CITY'S DISCRETION, TO INCLUDE THE FOLLOWING TERMS AND CONDITIONS:CONCESSIONAIRE SHALL ACKNOWLEDGE AND AGREE TO BE BOUND BY THE CITY'S RULES AND REGULATIONS FOR BEACH FRONT CONCESSION OPERATIONS, AS AMENDED; CONCESSIONAIRE SHALL OBTAIN ANY AND ALL NECESSARY LICENSES AND PERMITS REQUIRED FOR ITS CONCESSION OPERATIONS; CONCESSIONAIRE TO PAY CITY ANNUALLY THE GREATER OF $10,000, OR 20% OF THE GROSS REVENUES IT DERIVES FOR THE PRIVILEGE OF OPERATING THE CONCESSION; AND CONCESSIONAIRE TO COMPLY WITH THE CITY'S INSURANCE AND INDEMNIFICATION REQUIREMENTS ADMINISTRATION RECOMMENDATION:Adopt the Resolution. ANALYSIS: On November 7,1985, the Mayor and City Commission adopted Resolution No. 85-18222,approving a Concession Agreement between the City of Miami Beach and Penrod Brothers, Inc. (Penrod Brothers) for the operation and management of beachfront concessions, including rental of beach equipment, water recreation equipment, and food and beverage service at Pier Park, Oceanfront Park, and Lummus Park. The Concession Agreement that was subsequently amended on August 13, 1986, via Resolution No. 86- 18539 (Amendment No.1), on September 4,1986, via Resolution No. 85- 18571 Amendment No.2), and April 20, 1988, via Resolution No. 88-19223 (Amendment No.3),expired on November 4, 2000. On October 18, 2000, the Mayor and City Commission adopted Resolution No. 2000-24137, approving Amendment NO.4 to the Concession Agreement, extending its term for a period of one year, pending the issuance of a Request for Proposals (RFP), and providing that Penrod Brothers operate a Pilot Concession Program on the beaches east of North Shore Open Space Park and Ocean Terrace.On February 21, 2001, the Mayor and City Commission authorized the Administration to issue the RFP for the management and operation of beachfront concessions limited to the beaches seaward of Lummus Park, Ocean Terrace and North Shore Open Space Park.Said RFP was issued without the inclusion of the beaches east of Pier Park and Oceanfront Park.On September 18, 2001, the City's Asset Manager received a request from Penrod Brothers to enter into a concession agreement for its continued operation of a beachfront concession seaward of Pier Park. Pier Park is City-owned, and as the upland owner the City would have to provide authorization in order for Penrod Brothers to continue operating the beachfront concessions. Due to Penrod's long-term lease for the upland portion of Pier Park, which expires May 6,2026, Penrod's is the logical operator of the beachfront concession operation eastward of their existing facility. This will provide a seamless and smooth operation between the upland and beachfront properties consistent with other upland/beachfront operations and therefore the 517ths waiver is deemed to be in the best interest of the City.The Concession Agreement will provide for an annual concession fee to the City of the greater of:1) $10,000, which is the maximum that is being charged to concessions east of privately owned uplands, or 2) 20% of the Additionally, the terms and conditions of the Concession Agreement will be similar to all other concession agreements associated with beaches seaward of privately owned upland locations, and as such will require that Penrod Brothers comply with all aspects of the City's Rules and Regulations for Beachfront Concession Operations. The Administration recommends that that the Mayor and City Commission waive by 517ths vote, the competitive bidding requirement, finding such waiver to be in the best interest of the City, and approve a Concession Agreement by and between the City of Miami Beach and Penrod Brothers, Inc., for the management and operation of beachfront concessions on the beaches seaward of Pier Park, Miami Beach, Florida, the term of which shall be on a month-to-month basis, and terminable without cause and for convenience, with thirty ( 30)days written notice, at the City's discretion; and further authorize the Administration and the City Attorney's Office to negotiate said Concession Agreement with Penrod Brothers.JMG:C~ J~T:\AGENDA\2001IN0V2B01 IREGULARIPENROD FNL.MEM.DOC City of Miami Beach - City Clerk's Office Version No. 182 November 28, 2001/ REGULAR AGENDA / R7 - Resolutions 10:14:23 a.m.R7B A Resolution Waiving By 5/7ths Vote, The Competitive Bidding Requirement, Finding Such Waiver To Be In The Best Interest Of The City, And Approving A Concession Agreement By And Between The City Of Miami Beach And Penrod Brothers, Inc., For The Management And Operation Of Beachfront Concessions On The Beaches Seaward Of Pier Park, Miami Beach, Florida, The Term Of Which Shall Be On A Month-To-Month Basis, And Terminable Without Cause And For Convenience, With Thirty (30) Days Written Notice, At The City's Discretion; Further Authorizing The Administration And The City Attorney's Office To Negotiate Said Concession Agreement With Penrod Brothers And Authorizing The Mayor And City Clerk To Execute Same; Said Concession Agreement, In Addition To Being Terminable For Convenience, At The City's Discretion, To Include The Following Terms And Conditions:Concessionaire Shall Acknowledge And Agree To Be Bound By The City's Rules And Regulations For Beachfront Concession Operations, As Amended; Concessionaire Shall Obtain Any And All Necessary Licenses And Permits Required For Its Concession Operations;Concessionaire To Pay City Annually The Greater Of $10,000, Or 20% Of The Gross Revenues It Derives For The Privilege Of Operating The Concession; And Concessionaire To Comply With The City's Insurance And Indemnification Requirements.Economic Development)ACTION: Resolution No. 2001-24678 adopted. Motion made by Commissioner Bower;seconded by Commissioner Gross; Voice vote: 6-0; Absent: Commissioner Cruz. Christina Cuervo and Joe Damien to handle.City Clerk's Note: The City Clerk's Office was informed that the documents approved via this resolution will not be executed. See Resolution 2004-25506.Printed by