Resolution 2021-31789 RESOLUTION NO. 2021-31789
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA,AMENDING RESOLUTION NO. 2020-31368,WHICH
WAIVED THE FORMAL COMPETITIVE BIDDING REQUIREMENT AND
AUTHORIZED THE CITY ADMINISTRATION TO NEGOTIATE AMENDMENT
NO. 1 TO THE AMENDED AND RESTATED CONCESSION AGREEMENT,
DATED MAY 21, 2019 (AGREEMENT), BETWEEN THE CITY AND BOUCHER
BROTHERS MIAMI BEACH, LLC (CONCESSIONAIRE), FOR THE
MANAGEMENT AND OPERATION OF PUBLIC BEACHFRONT
CONCESSIONS, ADDING THE MANAGEMENT AND OPERATION OF THE
PUBLIC BEACHFRONT CONCESSIONS LOCATED AT 21ST AND 46TH
STREETS TO THE SCOPE OF THE AGREEMENT AND MODIFYING CERTAIN
FINANCIAL TERMS OF THE AGREEMENT; SAID AMENDMENT TO THIS
RESOLUTION MODIFYING THE ESSENTIAL TERMS OF AMENDMENT NO. 1
FOR BOTH AGREEMENTS IN ORDER TO ADDRESS THE IMPACT OF THE
COVID-19 PANDEMIC ON CONCESSIONAIRE'S OPERATIONS, AND
UPDATING MISCELLANEOUS PROVISIONS OF THE AGREEMENT; AND
AUTHORIZING THE CITY MANAGER TO FINALIZE AMENDMENT NO. 1,
CONSISTENT WITH THE TERMS PRESENTED HEREIN, SUBJECT TO FORM
APPROVAL BY THE CITY ATTORNEY; AND FURTHER AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE THE AMENDMENT.
WHEREAS, on May 21, 2019, pursuant to Resolution No. 2019-30829, the City and
Boucher Brothers Miami Beach, LLC (Concessionaire) executed an Amended and Restated
Concession Agreement (Amended and Restated Agreement), having an initial term of seven (7)
years and six (6) months, commencing on July 1, 2019 and ending on December 31, 2026, with
two (2) additional renewal options of five (5) years each; and
WHEREAS, on December 17, 2015, pursuant to Resolution No. 2015-29166, the City
entered into a Concession Agreement with Boucher Brothers Miami Beach 21 & 46 ST, LLC (21
& 46th Street Agreement), having an initial term of approximately two (2) years, commencing on
December 26, 2015, and ending on December 31, 2017, with three(3)additional renewal options
for one (1) year each; and
WHEREAS, the Concessionaire had to close operations from March 2020 to June 2020
due to the imposed governmental closures necessitated by the COVID-19 pandemic; and
WHEREAS, the third and final renewal term expired on December 31, 2020, and the
parties have extended, on a month to month basis, the 21st & 46th Street Agreement through July
31, 2021; and
WHEREAS, at the June 24, 2020 Commission meeting, the Administration submitted a
request for approval to issue Request for Proposals(RFP)2020-145-ND for the Management and
Operation of the Beachfront Concessions at 21st and 46th Streets; and
WHEREAS, during the June 24, 2020 meeting, the Mayor and City Commission directed
the Administration to negotiate with Concessionaire and explore the possibility of consolidating
the 21St and 46th Agreement with the Amended and Restated Agreement; and
WHEREAS, on July 29, 2020, the Mayor and City Commission adopted Resolution No.
2020-31368, accepting the written recommendation of the City Manager to waive, by 5/7th vote,
the formal bidding requirement in Section 2-367(e) of the City Code; and further authorized the
Administration to finalize negotiations with Boucher Brothers and bring back to City Commission
Amendment No. 1 for final approval; and
WHEREAS, since the July 29,2020 meeting, Concessionaire noticed the impact that the
COVID-19 pandemic continued to have on its operations and proposed the following updated
essential terms for Amendment No.1:
1) increase the following fees to the City for the concession areas governed by both
agreements:
• displacement fees to the City increased from 25% to 30%; and
• advertising/sponsorship fees increase from 25% to 50%; and
2) incorporate the 21st and 46th Street concessions into the Amended and Restated
Agreement;
A) financial terms relating to the 21st& 46th Street concessions:
• Minimum Guaranteed Annual Concession Fee (MG): $122,000 (payable
$61,000 in January& $61,000 in July);
• MG for July 2020 waived
• Concessionaire paid MG of$61,000 in January, 2020 (covers January-June,
2020);
• MG Credit of$35,922 due to closures (March 12, 2020 —June 30,2020);
• MG January 2021 ($61,000 -$35,922 credit); and
• MG as of January 2022 increases from $122,000 to $200,000; and
• Annual Percentage of Gross Receipts (PG);
• Abatement of PG from January 2020 through February 2021;
• PG starting March 1, 2021 = 25% of gross receipts;
• Releasing the $20,833 security deposit to the City, to be used for community
events; and
• Providing a $5,000 annual contribution to the City to be used for beach
initiatives (i.e. seaweed removal, sanitation, marketing, etc.), as an additional
public benefit to the $30,000 Concessionaire already pays annually under the
scope of the Amended and Restated Agreement, for a total of $35,000
annually; and
B) incorporation of miscellaneous provisions relating to the 21st and 46th Street
Agreement:
• audit Findings; clarifying Sections 4.2 and 4.4:
o From January 1, 2017—December 31, -2020—Sections 4.2
and 4.4 shall be interpreted as 25% of PG only applies to
the portion of gross receipts which exceeds $600,000;
waiving the balance which the audit found to be due to the
City, in the amount of$128,151.72; and
o Commencing on March 1, 2021, 25% of PG shall apply to
all gross receipts; and
• Concessionaire shall be permitted to purchase up to one (1)
monthly parking pass at each of the 21st and 46th Street surface
parking lots;
• Concessionaire shall have the ability to open/close the 46th Street
concession area, based on demand, subject to the prior written
approval of the City Manager(or designee); and
• Concessionaire shall have the right to install a fenced storage
enclosure at 21st Street(similar to the.existing storage enclosure at
46th Street), subject to all regulatory approvals; and
3) Financial terms for Amended and Restated Agreement:
A) Minimum Guaranteed Annual Concession Fee (MG): $1,200,000, payable
$600,000 in January and $600,000 in July:
• Concessionaire paid $600,000 in January, 2020 (covers January-June, 2020);
• MG Credit of$367,000 due to closures (March 12, 2020—June 30, 2020)
• July, 2020 MG waived;
• January 2021 MG ($600,000 -$367,000 credit); and
• January, 2022, MG is greater of$1,200,000 or average PG for the last 5 years
of the original concession areas governed by the Amended and Restated
Agreement; and
B) Annual Percentage of Gross Receipts (PG) — varying percentages based upon
certain categories:
• Abatement of PG from January 2020 through February 2021; and
• PG resuming March 1, 2021; and
WHEREAS, the City Manager recommends amending Resolution No. 2020-31368, and
authorizing the Administration to negotiate Amendment No. 1 to the Amended and Restated
Agreement with Boucher Brothers Miami Beach, LLC; said amendment incorporating the 21st
and 46th Street locations into the Amended and Restated Agreement; modifying the financial
terms, based upon the foregoing essential terms, in order to address the impact that the COVID-
19 pandemic has had on the Concessionaire's operations; and updating other miscellaneous
provisions.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby amend Resolution No. 2020-31368, which waived the formal competitive
bidding requirement and authorized the City Administration to negotiate Amendment No. 1 to the
Amended and Restated Concession Agreement, dated May 21, 2019 (Agreement), between the
City and Boucher Brothers Miami Beach, LLC (concessionaire), for the Management and
Operation of Public Beachfront Concessions, adding the management and operation of the public
beachfront concessions located at 21st and 46th streets to the scope of the Agreement and
modifying certain financial terms of the Agreement; said amendment to this Resolution modifying
the essential terms of Amendment No. 1 for both agreements in order to address the impact of
the COVID-19 pandemic on Concessionaire's operations, and updating miscellaneous provisions
of the Agreement; and authorize the City Manager to finalize Amendment No. 1, consistent with
the terms presented herein, subject to form approval by the City Attorney; and further authorize
the Mayor and City Clerk to execute the amendment.
PASSED and ADOPTED THIS(23 day of J 2021.
ATTEST:
8"Dan Gelber, Mayor APPROVED AS TO
' moo', FORM & LANGUAGE
c-W it/2./ ,r r " "`; y & FOR EXECUTION
Raf/6/
. Granado, City Clerk INCORP ORATED)
City Attorney i Date
Agenda Item e74"C
Date 7.51-21
DocuSign Envelope ID:3E236B85-2199-4CED-845E-FC654F1EDB3B
MIAMI BEACH
City of Miami Beach.1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfigov
COMMISSION MEMORANDUM
TO: Honorable Mayor Dan Gelber an• M= bers of the City Commission
FROM: Aline T. Hudak, City Mana•
DATE: July 28, 2021
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,AMENDING RESOLUTION NO.2020-31368,WHICH
WAIVED THE FORMAL COMPETITIVE BIDDING REQUIREMENT AND
AUTHORIZED THE CITY ADMINISTRATION TO NEGOTIATE AMENDMENT
NO. 1 TO THE AMENDED AND RESTATED CONCESSION AGREEMENT,
DATED MAY 21, 2019(AGREEMENT), BETWEEN THE CITY AND BOUCHER
BROTHERS MIAMI BEACH, LLC (CONCESSIONAIRE), FOR THE
MANAGEMENT AND OPERATION OF PUBLIC BEACHFRONT
CONCESSIONS, ADDING THE MANAGEMENT AND OPERATION OF THE
PUBLIC BEACHFRONT CONCESSIONS LOCATED AT 21ST AND 46TH
STREETS TO THE SCOPE OF THE AGREEMENT AND MODIFYING CERTAIN
FINANCIAL TERMS OF THE AGREEMENT; SAID AMENDMENT TO THIS
RESOLUTION MODIFYING THE ESSENTIAL TERMS OF AMENDMENT NO. 1
FOR BOTH AGREEMENTS IN ORDER TO ADDRESS THE IMPACT OF THE
COVID-19 PANDEMIC ON CONCESSIONAIRE'S OPERATIONS, AND
UPDATING MISCELLANEOUS PROVISIONS OF THE AGREEMENT; AND
AUTHORIZING THE CITY MANAGER TO FINALIZE AMENDMENT NO. 1,
CONSISTENT WITH THE TERMS PRESENTED HEREIN, SUBJECT TO FORM
APPROVAL BY THE CITY ATTORNEY; AND FURTHER AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE THE AMENDMENT.
BACKGROUND
Boucher Brothers Management is a known entity with organizational experience and capacity.
Boucher Brothers has been in business for over 30 years, providing pool, beach, water sports,
large corporate group events and food and beverage concessions. Boucher Brothers provides
pool and beach services for approximately 30 Miami Beach condominium and hotel properties
encompassing over 11,000 rooms and four water sports locations.
On May 8, 2019, the Mayor and City Commission approved Resolution No. 2019-30829
authorizing the City and Boucher Brothers,LLC(the Concessionaire)to execute a new amended
and restated concession agreement (Amended and Restated Agreement) (executed May 21,
2019) to include an initial term of seven (7) years and six (6) months, commencing on July 1,
2019 and ending on December 31,2026,with two(2)additional renewal options for five(5)years
1
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each.The Agreement provides Concessionaire the exclusive right to operate certain concessions
in Lummus Park, Ocean Terrace, North Shore Open Space Park, South Pointe Park Beach and
Allison Park, for the rental of beach equipment, food & beverage service, sale of beach related
sundries and skin care products,and watersports equipment rentals:
On October 14, 2015, the Mayor and City Commission approved Resolution No. 2015-29166,
authorizing the City and Boucher Brothers Miami Beach 21 &46 ST, LLC (Concessionaire), for
the management and operation of the beachfront concessions at 21st and 46th Street (21st and
46th Street Concession Agreement), pursuant to RFP 2015-20-5-WG. This agreement contained
an initial term of approximately two (2) years, commencing on December 26, 2015, and ending
on December 31,2017,with three(3)additional renewal options for one(1)year each. The third
and final renewal period expired on December 31, 2020. Thereafter, the 21st and 46th Street
Concessions Agreement entered into a month-to-month extension, commencing on January 1,
2021, and set to expire on July 31, 2021
ANALYSIS
At the June 24, 2020 Commission meeting, the Administration submitted a request for approval
to issue Request for Proposals (RFP) 2020-145-ND for the management and operation of the
beachfront concessions at 21st and 46th Street. The Mayor and City Commission discussed this
matter and directed the Administration, in order to consolidate vendors and agreements related
to the public beachfront concessions, to negotiate with Concessionaire to explore the possibility
of incorporating the 21st and 46th Street Agreement into the existing Amended and Restated
Agreement, which was recently extended for Lummus Park, Ocean Terrace, North Shore Open
Space Park, South Pointe Park Beach and Allison Park.
Consequently, on July 29, 2020, the Mayor and City Commission adopted Resolution No. 2020-
31368 accepting the written recommendation of the City Manager to waive the formal bidding
requirement by 5/7th vote, pursuant to City Code Section 2-367(e), as being in the best interest
of the City;and further, authorized the Administration to finalize negotiations with Concessionaire
and bring back to City Commission Amendment No. 1 for final approval.
The Administration has been in negotiations with Concessionaire and recommends Amendment
No. 1 to the Amended and Restated Agreement, based upon the following essential terms:
1) Incorporation of 21st and 46th Street Agreement which would be incorporated and run
concurrent with the terms of the Amended and Restated Agreement.
a) Increase the following Concessionaire Service fees (percentage gross
payments):
• City Displacement fees increase from 25%to 30%
• Advertising/Sponsorship fees increase from 25%to 50%
b) The following language originally stipulated in the 21st and 46th Agreement shall
be incorporated into the Amended and Restated Agreement:
• Concessionaire shall be permitted to purchase, at the then current
rate, up to one(1)monthly parking pass at each of the 21st and 46th
Street surface parking lots;and
2
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• Concessionaire shall have the ability to open/close the 46th Street
concession area, based on demand, subject to the prior written
approval of the City Manager(or designee);and
• Concessionaire shall have the right to install a fenced storage
enclosure at 21st Street(similar to the existing storage enclosure at
46th Street), subject to all regulatory approvals.
c) The Concessionaire will resume all business terms proposed and accepted at
the July 29,2020 Commission meeting, effective 2022 including:
• Increased minimum rent guarantee (as of January 2022) from
$122,000 to $200,000 (in addition to the $1,200,000 contained in
the Agreement);
• Releasing the$20,833 security deposit contained in the Agreement
for 21st and 46th Street to the City, to be used by the City to host
beach event(s)for the benefit of Miami Beach residents; and
• Providing a $5,000 annual contribution to the City to be used for
beach related initiatives (i.e. seaweed removal, sanitation,
marketing, etc.) as an additional public benefit to the $30,000
Concessionaire already pays annually under the scope of the
Amended and Restated Agreement,for a total of$35,000 annually.
In addition to the above terms,Amendment No. 1 would clarify language pertaining to Section 4.2
of the 21st and 46th Street Agreement.
Pursuant to Section 4.2 of the said Agreement, the "Concessionaire shall pay to the City the
greater of (x) the MG of$122,000, or (y) after such time as annual Gross Receipts exceed
$600,000.00, twenty-five percent (25%) of all of the Gross Receipts as Percentage of Gross
(PG)."Conversely,the PG paid by the Concessionaire pursuant to Section 4.2 of the Agreement
is currently 20.33% of revenues up to $600,000 annually, and 25% on revenues that exceed
$600,000 annually including food and beverage, the sale of beach related sundries and beach
equipment rentals.
In the spirit of the negotiation and in accordance with the RFP response (attached herein as
Exhibit C), this provision was intended to have Concessionaire pay 25% of gross sales (PG)
above $600,000 threshold for a given year. The Asset Division Director at the time concurred.
However, the Office of Inspector General (OIG) and the City Attorney's Office have opined that
the language as written provides that once the Concessionaire clears the,$600,000 threshold for
the year.the Concessionaire would owe 25%of all of the gross receipts for the given year. Based
on this interpretation, the OIG's audit report revealed a discrepancy from January 2017 through
December 2020(in the amount of$128,151.72).
Based on the foregoing, clarification is required to address the spirit of the negotiated terms and
the OIG's City Attorney's Office interpretation.
2) The Administration recommends this section be amended to provide clarity to the intended
calculation of the concession fee,with the following modifications included in Amendment
No. 1:
• Retrospectively, the amount identified by the OIG for the period of January 2017-
3
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December 2020, in the amount of$128,151.72 be waived as it was inconsistent with
the spirit of the negotiated terms.
• Prospectively, this section will be clarified to align with the interpretation of the OIG
and City Attorney's Office. This provision shall be updated to reflect that the
Concessionaire would pay 25% of all gross sales for a given year. This would be
effective January 2021.
In addition to consolidating the Agreements,the Administration further recommends Amendment
No. 1 include rent abatement for Concessionaire.
In January 2020,in accordance with the Amended and Restated Agreement,Concessionaire paid
half of the required Minimum Guarantee (MG)due to the City of$1,200,000. They also paid half
of the$122,000 MG under the 21st and 46th Street Agreement. Shortly thereafter in March 2020,
the COVID-19 pandemic forced Concessionaire to close operations on the City's beaches. The
Beach did not reopen until June 2020. the Concessionaire was unable to provide the required
July 2020 or the complete January 2021 MG payment under the two Agreements. Their 2020
financials indicated a decrease in gross sales of-36%for the 21St and 46th Street Agreement,and
-57% for the Amended and Restated Agreement, respectively. In December 2020,
Concessionaire requested(attached herein as Exhibit B)to defer the MG payment due in January
2021 under the Amended and Restated Agreement. This request was consented as good faith
negotiations were taking place to reach a resolution to Concessionaire's rent relief request.
In consideration of the foregoing, the Administration recommends Amendment No. 1 to include
the following modifications to address the significant impact caused by the pandemic.
3) Provide temporary financial assistance as it relates Minimum Guarantee (MG) and
Percentage of Gross (PG) under both Agreements:
21st and 46th Street:
The annual MG is payable in two installments of $61,000 in January and July.
Concessionaire paid the first installment of the MG in the amount of$61,000 in January
2020,which covers the first six months of the calendar year.
• Concessionaire paid MG of$61,000 in January 2020 (covers January-June,
2020);
• MG Credit of$35,922 due to closures (March 12, 2020—June 30,2020).
• MG credit to be applied to January 2021 MG ($61,000-$35,000).
• Waive MG July 2020.
• Abatement of PG sales for January 2020 through February 2021.
• PG starting March 1, 2021 =25% of gross receipts.
Amended and Restated Agreement:
The annual MG is payable in two installments of $600,000 in January and July.
Concessionaire paid the first installment of the MG in the amount of$600,000 in January
2020, which covers the first six months of the calendar year.
• Concessionaire paid $600,000 in January 2020 (covers January-June 2020)
• MG credit of$367,000 due to closures (March 12, 2020—June 30, 2020).
4
DocuSign Envelope ID:3E236B85-2199-4CED-845E-FC654F1EDB3B
• MG credit to be applied to January 2021 MG ($600,000-$367,000).
• Waive MG July 2020
• Abatement of Percentage Gross Sales Receipts (PG) sales for January 2020
through February 2021.
• PG resuming March 1, 2021.
• January 2022, MG is greater of$1,200,000 or average PG for the last 5 years
of the original concession areas governed by the Amended and Restated
Agreement
The Administration and Concessionaire have in good faith, negotiated terms that contemplate the
scope of the Agreements, provisions requiring clarification and financial relief. Consequently,
Commission direction is being sought for the business terms proposed herein.
CONCLUSION
In consideration of the aforementioned, the Administration recommends, that Mayor and City
Commission adopt the Resolution, accepting to waive by 5/7th vote, the formal competitive
bidding requirement in Section 2-367(e), finding such waiver to be in the best interest of the City,
approving Amendment No. 1 to the Amended and Restated Concession Agreement between the
City and Boucher Brothers Miami Beach, LLC (Concessionaire). Said Amendment to the
management and operation of public beachfront concessions to include: (1) incorporation of
certain scopes of 21St and 46th Street Agreement;(2)clarification of section 4.2 of said Agreement;
and(3)a waiver of the minimum guarantee and percentage gross due in January 2020-Februrary
2021; and further delegating the City Manager the authority to finalize Amendment No. 1
consistent with the terms presented herein, subject to form approval by the City Attorney.
Exhibits:
A Concessionaire Gross Sales, 2019 and 2020
B Concessionaire Correspondence Regarding Minimum Guarantee Payments
C RFP Proposal Form and Response
5
Resolutions -C7 AC
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Aline T. Hudak, City Manager
DATE: July 28, 2021
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO. 2020-31368,
WHICH WAIVED THE FORMAL COMPETITIVE BIDDING REQUIREMENT
AND AUTHORIZED THE CITY ADMINISTRATION TO NEGOTIATE
AMENDMENT NO. 1 TO THE AMENDED AND RESTATED CONCESSION
AGREEMENT, DATED MAY 21, 2019 (AGREEMENT), BETWEEN THE CITY
AND BOUCHER BROTHERS MIAMI BEACH, LLC (CONCESSIONAIRE),
FOR THE MANAGEMENT AND OPERATION OF PUBLIC BEACHFRONT
CONCESSIONS, ADDING THE MANAGEMENT AND OPERATION OF THE
PUBLIC BEACHFRONT CONCESSIONS LOCATED AT 21ST AND 46TH
STREETS TO THE SCOPE OF THE AGREEMENT AND MODIFYING
CERTAIN FINANCIAL TERMS OF THE AGREEMENT; SAID AMENDMENT
TO THIS RESOLUTION MODIFYING THE ESSENTIAL TERMS OF
AMENDMENT NO. 1 (AS SET FORTH IN THIS RESOLUTION) FOR BOTH
AGREEMENTS IN ORDER TO ADDRESS THE IMPACT THAT THE COVID-
19 PANDEMIC HAS HAD ON THE CONCESSIONAIRE'S OPERATIONS,
AND UPDATING MISCELLANEOUS PROVISIONS OF THE AGREEMENT;
AND FURTHER DELEGATING THE CITY MANAGER TO FINALIZE
AMENDMENT NO. 1 CONSISTENT WITH THE TERMS PRESENTED
HEREIN, SUBJECT TO FORM APPROVAL BY THE CITY ATTORNEY, AND
AUTHORIZING THE MAYOR AND CITY CLERK EXECUTE THE
AMENDMENT.
SUPPORTING SURVEY DATA
N/A
Applicable Area
Not Applicable
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
No No
Page 722 of 2012
Legislative Tracking
Property Management
Sponsor
Vice-Mayor Ricky Arriola
ATTACHMENTS:
Description
❑ Memorandum
❑ Exhibit A
❑ Exhibit B
❑ Exhibit C
Page 723 of 2012
Exhibit A
•
•
7'60 is Beach,become is■iosa
Boucher Brothers Miami Beach 21 646 Street,LIC
Revenue Breakdownhy Calesmry
January 1,20205o December 31,2020
rt 1 Irl n 1v� 1 m�a_,)4 �.r0A1 L n,$,:yn ll��7. -. .4-",djBw� Building eweah ,y 1141 ti''`2 d1 -;�t5,.1..p.",4:4,,,,,.''� ;vv.1. s ry+tl ..f, ;61,Ir P•�f,14Sn®ti rsdH
"`'d. Jl.,,:; .d ',cal", .a�'.1'0 - Mt Ng- • 27484LO Lake. i,A 3.x.• •r i L •-...;,YIN MI yak=
Mnaury2020 20,055.00 - 315.00 671600 2,5750 6387.00 - 94,985.09 - 33,786.00 2.403.0 • - 611.03 -
February 2020 18,81500 . 420.03 3,447.40 920.03 - 4,943.0 - 5,665.00 - 36036.0 1,985.00 - - 55003 -
March 2020 14.980 03 345.00 2,220.00 1,665.00 • 2,889.00 15.00 22.924.13 394.3 133.00
Apr112020
May 7020
June 2020 32,650 03 - 225.00 2,807.00 1,255.03 - 2,214.00 - - - 14,044.33 13,068.03 - - - •
July 2020 22,500 00 • 225.00 2,314.03 485.00 • 175.00 - - - (328.72) 12,35000 • - - -
August 2020 37,520.W - 345.00 4,764.00 650.00 - - - - 13,386.17 17,862.00 - - - •
September 2020 25,115.00 - 150.00 4,177.3 745.00 - - 16751.50 11,622.00 - - -
October 2020 17,870 00 195.00 3,355.3 19,385.80 4,544.00
November 2020 13,095.00 150.00 2,202,00 21,694.60 2,930.00
December 2020 16,685.00 195.00 3,374.00 28,781.60 2,0213.3
07055141es 229,285.00 - 2,565.00 32,376.W 8,305.00 - 16,608.00 15.00 100,650.05 - 708,461.41 69.183.00 - - 1,294.00 -
less 5a1elax _4133563.811 — -/20-4.861 X75.36) (698.551 • (1.090.93) (0.98) 54,525.99 - - (225.53) -
Net Sales �M�14�1'36b�t 7a'QL'111�g+.kpFf'HQ''�WiWE�!! @W±4M'�'+Y 'ice 15,51707 6.07 j 277 �BdI .''911 10Y9�n'S.' tv']a1 .47 -
Sand 86114174
WEEII �" .'L:iN sane Revem,e 120,606.61 520,606.82
!,N5.•,,.Gro up Events 100.650.05 100,650.05
Building Revenue 16,599.56 16,599.56
liNg:NPORRIAW11,Beech Displacement
Total Gross Moe,s 637,85643 621,256.87 16,599.56 Beach
Page 729 of 2012
Exhibit A
First 11 Beads,Second is Most
Boucher Brothers Miami Beach 71646 Street,LIC
Revenue Breakdown by Category
Calendar Year January 1,2019 to December 31,2019
:1.1.1%,•r li l illi 1 NJINa 11,1 aghp3Iro a 1,:,,!.,,,,-;5:„•,..
�:'Bobs
Ib �f iVdill 1,• I•u'i.' ildp yefiiiiit 41.14. T�IIP 9.4 2333 21: bOou Irl (,i:00 a q '.; ,' +. . 84.iiuI q 9. y llq: hiliS1
.0!Y • MLoN
January 2019 16975.00 -
10500 3,262.00 930,00 415.00 11,161.00 -
- 33,786.00 7,301.00 15.06 30.00 1,190.00 -
February 2019 33,165.00 - 195.00 4,959.00 6,309.03 543.00 12,038.. - 1,134.33 - 33,786.00 3,230.00 - 150.00 1678.00 -
March 2019 31,210.00 15.00 420.00 6,20.00 7,857.00 585.00 16,530.. . - 15,183.81 33,786.00 6,803.00 10.00 15.00 1,076.0 -
ADM 2019 20,440.0 - 15.00 500.00 14,222.16 57.00 8,054.00 - - - 33,786.00 3,831130 40.00 45.00 2.]94.06 -
May 2013 27,845.0 - 150.00 5,165.00 7,887.03 210.0 12,055.00 - - - 33,786.00 6,373.00 15.00 60.00 2,084.03 -
lune 3019 26.035.00 - COS.. 4,793.00 7,744.26 - 10,6]9.50 30.00 - - 33,786.00 3,232.00
JuIY2019 32,030.. - 435.00 8,369.00 11,760.93 - 13,639.00 - - - 33,786.00 5,632.00 10.00 - 2,013.00 -
August 2019 23,780.00 - 300.00 1,127.. 4,5]3.. - 10,]65.00 - - - 33,786.00 4.786.00 10.00 - 1,634.00 -
September 2019 13,660.00 - 345.00 2,219.00 1,665.0 - 5,449.00 - 30,513.54 - 33,786.. 2,523.00 - - 815.00 -
Ocbber2019 14,]40.00 - 355.00 2,52100 1,830,00 - 6,875.00 - 7,500.00 - 33,74400 2,1..00 - - 822 03 -
November
2019 13,765.00 - 270.00 3,144.00 1,700.00 - 6327.00 15.00 - 33,786.00 2,699.00 - - 801.00 -
December
2019 12,045.00 - 130.00 4,006.00 3,435.03 4,201.00 - 29,780.00 1,426.00 - - 984.0 -
Gr0555ales 255,380.00 15.00 3,045.00 49,865.00 69,903.35 1,810.00 118,097.50 45.00 39,147.87 15,18331 401,426.00 44,851.00 100.03 300.00 18,059.50 -
te0Sales Tax 16,707.10 0.98 199.21 4,117.29 4,573.12 149.45 9731.17 2.94 2,934.18 (6.54 19.63 (1,491.15
536541.1 11I.4.1in, T,• ,$'411.1. a .,2';fh l 40%4,r, ,:«. . :•-,a . , ,. iil,..,JI'.. .c"3 S, , e. ,a x o 10 •33 -
1[ollllla7 n 14 i�il�l Sand Revenue ]86327.87 Adjustment Based on Actuals
;i�;. `�'' ilt GGroup Events 39,10]8] Send Sales% Subject to Sand In PaIOW ROG Send Te Due
Bendel Raceme 126,617.29 0.84 2013630 111300.00 2,58618
Beach Dispplacement-City Already Paid 15,183.81
Adjustment to Match Accounting Records 13,39293
Total Gross Receipts 990,669.10
Note-Resort Fees are treated as Al earned Out on the sand since this Is for the renal of Beach Equipment
Page 730 of 2012
Exhibit A
Boucher Brothers Miami Beach,LLC
Sales Reconciliation
Tax Year 2020
Annual January February March April May June July August September October November December
Beach Equipment 1,788,219.42 281,022.17 231,958.41 128,689.58 247,113.75 156,060.66 213,979.58 187,001.30 136,393.73 85,895.21 120,105.03
Food&Beverage 276,270.39 56,305.10 46,659.04 31,123.04 34,971.40 19,531.66 24,725.39 20,462.16 15,126.11 9,714.35 17,65214
Lotions&Sundries 43,254.47 7,421.27 4,620.46 3,078.18 7,711.13 6,566.30 4,897.53 3,518.97 1,649.65 1,560.86 2,230.12
Watersports 114,609.71 15,169.27 8,432.39 4,551.32 35,569.61 24,588.39 12,186.77 5,224.23 1,570.08 4,719.56 2,598.09
Resort Fees 441,917.83 113,632.50 100,627.00 56,304.98 9,866.78 20,563.49 19,359.60 20,780.96 29,872.22 32,372.22 38,538.08
Income-Groups 11,128.15 1,110.75 10,017.40 - - - - - - - -
Special Events Income 6,946.59 - 6,946.59 - - - - - - - -
Beach Displacement Fee 92,790.27 37,383.18 - - - - - - - 55,407.09
Boucher Adjustment they are researching 12,118.53 - - - - - - - - - 12,118.53
Missing TKSNumbers -
- - - - - - - -
-
Total Calendar Year 2020 Revenues 2,787,255.36 512,044.24 409,261.29 223,747.10 - - 335,232.67 227,310.50 275,148.87 236,987.62 184,611.79 134,262.20 248,649.08
Page 731 of 2012
Exhibit A
Boucher Brothers Miami Beach,LLC
True-Up-2019 Year
Rent Paid to City Year
First Payment Made to City-111119 321,000.00
Second Payment Made to City 611119 321,000.00
Third Payment Made to Ctty 1111119 321,000.00
Total Payments to the City •03.000.00
Food Lockers& Parasaliing ti Due to
TNNIp _ &Beverage Sundries Water Sponte Resort Fee Rentals Unreconciled DR Totals City
Total Rentals/Sales 869,695.17 94,748.50 341,600.93 1,177,722.93 3,948,759.52 47,007.87 6,477,534.92
Rental Rate 15% 20% 20% 20% 20% 20%
Base Rent 130,454.28 18,949.70 68,320.19 235,544.59 789,351.90 9,401.57 1,252,022.23
Sales Tax 9,131.80 1,326.48 4,782.41 16,488.12 55,254.63 658.11 87,641.56
139,588.07 20,276.18 73,102.60 252,032.71 844,606.54 10,059.68 1,339,663.78
Rent Due to City 1,339,663.78
Rent Due to City
1,339,663.78
Minimum Guarantee Paid Per Above (963,000.00)
Balance Due to City True-Up-March 1,2020 ,.;376,803.78
Page 732 of 2012
Exhibit B
From:Adam Cedrati <adam.cedrati@boucherbrothers.com>
Sent:Thursday, July 8, 2021 4:11 PM
To: Dominguez, Ozzie<OzzieDominguez@miamibeachfl.gov>
Cc:Alfonsin, Gabriela<GabrielaAlfonsin@miamibeachfl.gov>
Subject: FW: Boucher Brothers-Lummus Park January 1, 2020 Concession Fee Deferral
Sensitivity: Personal
Ozzie,
This was the email I sent to Adrian and Mark back on December 3,1 2020 for the Lummus Payment that was due
1/1/21.
I am looking for any City responses to my email that I can also forward.
Warm Regards,
Adam
From:Adam Cedrati
Sent:Thursday, December 31,2020 2:13 PM
To:Morales,Adrian<AdrianMoralesc miamibeachfl.gov>;Taxis, Mark<MarkTaxisPmiamibeachfl.eov>
Cc:Steven Boucher<Svboucher2Pemail.com>;Perry Boucher<oboucher2Pemail.com>
Subject: Boucher Brothers-Lummus Park January 1,2020 Concession Fee Deferral
Sensitivity: Personal
Adrian. Mark
Hope all is well with you and your families.
Based on our prior conversations and meetings this is to confirm that we will be deferring our January lSt 2021,
Concession Fee Payment of$600,000 due to the continued challenges of COVID-19.
We look forward to better days ahead and thank you for your consideration and understanding.
If you need anything else from us on this or any other matter, please feel free to contact me.
As always, my cell is best during these times...786-853-5950
Wishing everyone a Happy and Healthy New Year.
Warm Regards,
Adam
•
Page 733 of 2012
3 Adam Cedrati
CFO
1451 Ocean Drive,Suite 205
Miami Beach, FL 33139
P: 305.535.8177 F:305.538.3288
boucherbrothers.com#BouYah
BOUCHER
j
Liji Yft-40 132 Ell
BROTHERS
Page 7a4 of 2012
Exhibit C
APPENDIX E
REVENUE PROPOSAL
FORM
f-.ul,trc to 41)(oilix C Pr:vr:rtu : Prof;r)',al Form in it's entirety and fully e'eelilerl by the rlr:;arllinr:
:',t;:lor,hr:(l for flit: rr:r,r:il)t of I)rol,r,•,;al�, r!t.n-re,Lrt,n'-.I1 ,t r1 r,r:n11J
(. •rtr•
Proposer affirms that the prices stated on this form represents the entire cost of the items,except as otherwise
allowed in this RFP, in full accordance with the requirements of this RFP, inclusive of its terms, conditions,
specifications and other requirements stated herein, and that no claim will be made on account of any
increase in wage scales,material prices,delivery delays,taxes,insurance,cost indexes or any other unless a
cost escalation provision is allowed herein and has been exercised by the City Manager in advance. This
Revenue Proposal Form shall be completed mechanically or, if manually, in ink. Revenue Proposal
Form completed in pencil shall be deemed non-responsive.Allcorrectionsshall be initialed.
MINIMUMGUARANTEEUREVENUE10THECItY(MG)
See Concession Fees ip 26j -
Description A B C
AxB=C
1
Minimum Guarantee(MG) $10,166.67/Month 12 Months $122,000/Year1
no less than$50,000 annuall
1The Total Annual Minimum Guarantee shall be utilized to allocate Cost Points in the Evaluation of Proposals.
PERCENTAGF 01 GROsS(PGJ RECEIP rSTO HF PROVIDED TO THE CITY
See Concession Fors(p 261
2 Percentage Of Gross(PG)Receipts Annual Estimated Gross Sales$282,000 0 2*
To Be Provided To The Ci 25/o
2The City Reserves the Right to Negotiate the PG Rate During Contract Negotiations.
*After annual gross sales exceed$600,000
Proposer•s f tftrmahun
Company: BOUCHER BROTHERS MIAMI BEACH 21 &46 ST., LLC
Authorized Representative: PERRY BOUCHER
Address: 1451 OCEAN DRIVE,SUITE 205,MIAMI BEACH, FL 33139
Telephone: (305) 535.8177
Email: Pboucher@boucherbrothers.com
Authorized Representative's Signature: (11
Page 735 of 2012
162