Resolution 2023-32484RESOLUTION NO. 2023-32484
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO.
2022-32205 (WHICH AUTHORIZED THE CITY MANAGER TO ENTER
INTO CONCESSIONAIRE AGREEMENTS WITH SELECTED
RESTAURANTEURS TO PROVIDE OUTDOOR FOOD AND BEVERAGE
SERVICE ON CITY RIGHTS -OF -WAY), TO AUTHORIZE THE CITY
MANAGER, AT HER SOLE DISCRETION, TO AMEND PARAGRAPH
EIGHTY-SIX (86) OF THE APPROVED TEMPLATE CONCESSION
AGREEMENT ("SMOKING"), WITHOUT FURTHER CITY COMMISSION
APPROVAL, IN AGREEMENTS FOR EXISTING ,LINCOLN ROAD
RESTAURANTEURS THAT OFFERED HOOKAH PRODUCTS AT
THEIR SIDEWALK CAFES ON SEPTEMBER 30, 2022, IN ORDER TO
PHASE -OUT THE USE OF HOOKAHS WITHIN A PERIOD OF THREE
YEARS, CONTINGENT UPON THE AGREEMENT OF THE
RESTAURANTEUR TO GRADUALLY PHASE OUT HOOKAH
OFFERINGS OVER THE THREE-YEAR PERIOD.
WHEREAS, the City Commission, at its June 9, 2022 meeting, passed Resolution No.
2022-32205 and created, solely in the City's proprietary capacity and not in furtherance of any
regulatory function, a concession agreement program for selected restaurants with brick -and -
mortar facilities and inside seating to offer food and beverage services on the rights -of -way
abutting the physical establishment; and
WHEREAS, the Program was created to serve the valid public purpose of promoting the
quality of the City's iconic brand by establishing high quality outdoor food and beverage service
on City property, and positively represent the City's brand by providing a public space where
residents and visitors can enjoy the City's world-renowned architecture and scenic sun -
drenched vistas; and
WHEREAS, the concessionaires in this concession agreement program include only the
best restaurants in the City, chosen at the City Manager's sole discretion, to sell food and
beverages for dining at outdoor cafes on the public rights -of way abutting a restaurant's indoor
establishment; and
WHEREAS, the City Commission, in Resolution No. 2022-32205, delegated to the City
Manager, or her designee, the authority to execute, at her discretion, all concession
agreements, consistent with the terms of the Resolution and the template agreement attached
thereto; and
WHEREAS, the City Commission, in Resolution No.. 2022-32205, authorized the City
Manager to negotiate, at her sole discretion, concession agreements with terms materially
different from the approved template, with the approval of such changes subject to approval by
the City Commission; and
WHEREAS, paragraph eighty-six (86) of the template agreement approved in
Resolution No. 2022-32205 requires the concessionaire "not to allow smoking of any vapor -
generating devices, including, but not limited to hookah smoking, within the Concession area";
and
1
WHEREAS, the Mayor and City Commission recognize that enforcing an immediate
prohibition of hookah products at outdoor dining concessions may have the unintended
consequence of forcing some hookah -reliant restaurants on Lincoln Road to close, creating
unwanted vacancies along the City's premiere shopping attraction; and
WHEREAS, the Mayor and City Commission hereby reaffirm the City's decision and
commitment to end the consumption of hookah products at outdoor dining concessions on City
property, and resolve to allow the City Manager, at her sole discretion, to amend paragraph 86
of the outdoor dining concession agreement template approved in Resolution No. 2022-32205
to phase -out hookah offerings over a three year period for restaurants that offered hookah
products on Lincoln Road on September 30, 2023, which permission should be conditioned
upon an agreement with each restauranteur setting forth exactly how the restaurateur will
amend its business model and business practices over the three-year period to allow the
restauranteur to successfully transition to a hookah -free business model by the end of the three-
year phase -out period; and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City
Commission hereby amend Resolution No. 2022-32205 (which authorized the City Manager to
enter into concessionaire agreements with selected restauranteurs to provide outdoor food and
beverage service on city rights -of -way), to authorize the City Manager, at her sole discretion, to
amend paragraph eighty-six (86) of the approved template concession agreement ("SMOKING")
without further City Commission approval, in agreements for existing Lincoln Road restauranteurs
that offered hookah products at their sidewalk cafes on September 30, 2022, in order to phase-
out the use of hookahs within a period of three years, contingent upon the agreement of the
restauranteur to gradually phase out hookah offerings over the three-year period.
PASSED AND ADOPTED this
ATTEST: FEB 0 8 2023
Rafael It. Granado, City Clerk
day of February, 2023.
Mayor Dan Gelber
Sponsored by Commissioner Kristen Rosen Gonzalez
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
I - z�- 23
City Attorney r-
2
Resolutions - R7 D
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, CityAttomey
DATE: February 1, 2023
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO. 2022-32205
(WHICH AUTHORIZED THE CITY MANAGER TO ENTER INTO
CONCESSIONAIRE AGREEMENTS WITH SELECTED
RESTAURANTEURS TO PROVIDE OUTDOOR FOOD AND BEVERAGE
SERVICE ON CITY RIGHTS -OF -WAY), TO AUTHORIZE THE CITY
MANAGER, AT HER SOLE DISCRETION, TO DELETE PARAGRAPH
EIGHTY-SIX (86) OF THE APPROVED TEMPLATE CONCESSION
AGREEMENT ("SMOKING") FROM AGREEMENTS FOR SELECTED
RESTAURANTEURS, IN ORDER TO ALLOW THE USE OF HOOKAHS AT
SELECTED OUTDOOR DINING CONCESSIONS, WITHOUT FURTHER
CITY COMMISSION APPROVAL.
ANALYSIS
See attached Commission Memorandum.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
N/A
Legislative Tracking
Office of the City Attomey
s i •
No
Sponsor
Commissioner Kristen Rosen Gonzalez
Page 1041 of 1420
ATIACHMENTS:
Description
Commission Memorandum
Proposed Resolution
Exhibit - Resolution No. 2022-32205
Page 1042 of 1420
• `i 1 �}' E A`J
ry i
City of Miami fkach, 1700 Convention Center Ddve. Miami Bench. Fkxida 33139, www,mictmibQQChfi,gQv
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: December 14, 2022
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO.
2022-32205 (WHICH AUTHORIZED THE CITY MANAGER TO ENTER
INTO CONCESSIONAIRE AGREEMENTS WITH SELECTED
RESTAURANTEURS TO PROVIDE OUTDOOR FOOD AND BEVERAGE
SERVICE ON CITY RIGHTS -OF -WAY), TO AUTHORIZE THE CITY
MANAGER, AT HER SOLE DISCRETION, TO DELETE PARAGRAPH
EIGHTY-SIX (86) OF THE APPROVED TEMPLATE CONCESSION
AGREEMENT ("SMOKING") FROM AGREEMENTS FOR SELECTED
RESTAURANTEURS, IN ORDER TO ALLOW THE USE OF HOOKAHS
AT SELECTED OUTDOOR DINING CONCESSIONS, WITHOUT
FURTHER CITY COMMISSION APPROVAL.
The proposed Resolution (the "Resolution"), which is sponsored by Commissioner Kristen Rosen
Gonzalez, would allow the City Manager to approve individual Outdoor Dining Concessionaires
to provide hookah services on the City's right-of-way, without further City Commission approval.
Currently, the Concession Agreement template approved by the City Commission disallows
hookahs on the public right-of-way, and any amendment of that prohibition by the City Manager
would require City Commission approval.
The item was referred to the Public Safety and Neighborhood Quality of Life Committee. It was
discussed at the Committee's December 7, 2022 meeting, where it was referred to the City
Commission with a negative recommendation.
RAP/RFR/mm
Page 1043 of 1420
RESOLUTION NO., 2022-32205
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO CONCESSIONAIRE AGREEMENTS WITH
SELECTED RESTAURANTEURS, AS THE CITY MANAGER MAY DEEM
APPROPRIATE, TO PROVIDE OUTDOOR FOOD AND BEVERAGE
SERVICE AND CONSUMPTION ON CITY RIGHTS -OF -WAY,
PROVIDED THAT SAID CONCESSIONAIRE AGREEMENTS ARE
SUBSTANTIALLY SIMILAR, WITH REGARD TO ALL MATERIAL
TERMS AND CONDITIONS, TO THE TEMPLATE CONCESSIONAIRE
AGREEMENT ATTACHED HERETO AS EXHIBIT "A", AND FURTHER,
AUTHORIZING THE CITY MANAGER TO NEGOTIATE CONCESSION
AGREEMENTS WITH TERMS MATERIALLY DIFFERENT FROM THE
APPROVED TEMPLATE, AND AUTHORIZING THE CITY MANAGER TO
SUSPEND AND/OR TERMINATE ANY CONCESSION AGREEMENT IF
THE CITY MANAGER DEEMS IT TO BE IN THE CITY'S BEST
INTEREST.
WHEREAS, the City Commission today creates, solely in the City's proprietary capacity
and not in furtherance of any regulatory function, a concession agreement program for selected
restaurants with brick -and -mortar facilities and inside seating to offer food and beverage
services on the rights -of -way abutting the physical establishment. The Program is intended to
serve the valid public purpose of promoting the quality of the City's iconic brand by establishing
high quality outdoor food and beverage service on City property, and positively represent the
City's brand by providing a public space where residents and visitors can enjoy the City's world-
renowned architecture and scenic sun -drenched vistas; and
WHEREAS, the City currently and successfully utilizes a concession agreement model
with Smith and Wollensky restaurant to facilitate outdoor dining on the City's property adjacent
to that full -service restaurant (and has successfully used this model for many years there), and
has now determined to Implement this successful paradigm Citywide; and
WHEREAS, those outdoor cafes in the concession program must always be operated
and maintained at the highest levels of quality and service, befitting an internationally renowned
resort destination like the City of Miami Beach, if the City's public purpose is to be achieved;
and
WHEREAS, the concessionaires in this concession program will include only the best
restaurants in the City, chosen at the City Manager's sole discretion, and it will be exclusively
those concessionaires who are offered a contract to represent the City's proprietary interests
that shall be authorized to sell food and beverages for dining at outdoor cafes on the public
rights -of way abutting a restaurant's indoor establishment, except that all existing sidewalk cafe
operators shall be offered the opportunity to enter into a concession agreement for the contract
term beginning October 1, 2022; and
WHEREAS, because the concession program will be available only to each restaurant
abutting the public right-of-way with available space to locate the concession where the City's
land -use regulations allow sidewalk cafes, a competitive bidding framework for award of each
concession agreement would apply in this case; and
1
Page 1046 of 1420
WHEREAS, the City Commission approves the agreement template, attached here as
Exhibit A; and
WHEREAS, the City Commission delegates to the City Manager or her designee the
authority to execute, at her discretion, all concession agreements, consistent with the terms of
this resolution and the agreement attached here, after receiving a letter of interest from a
proposed concessionaire (on a form to be approved and distributed by the City Manager or her
designee); and
WHEREAS, the City Commission authorizes the City Manager to negotiate, at her sole
discretion, concession agreements with terms materially different from the approved template,
with the City Manager retaining the option to seek City Commission approval of such changes,
by resolution of the City Commission; and
WHEREAS, notwithstanding any provision to the contrary in this resolution, nothing
herein shall preclude the City Manager from seeking direction from the City Commission
regarding any matter arising out of or related to the agreement, including, without limitation, any
approval contemplated under the agreement (within the timeframe specified therefor) or any
proposed amendment or modification to the agreement; and
WHEREAS, there shall be no change permitted to currently applicable hours for alcohol
service and consumption unless approved by the City Commission; and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that:
The Mayor and the City Commission hereby authorize the City Manager to enter into
concession agreements with selected restauranteurs, as the City Manager may deem appropriate
and consistent with the recitals set forth here, to provide outdoor food and beverage service and
consumption on City rights -of -way, without competitive bidding or any further action or approval
of the City Commission being necessary, provided that said concessionaire agreements are
substantially similar, with regard to all material terms and conditions, to the template
concessionaire agreement, authorize the City Manager to negotiate concession agreements with
terms materially different from the approved template to be individually approved, if at all, by
resolution of the City Commission, and authorize the City Manager to suspend and/or terminate
any concession agreement if he or she deems it to be in the City's best interest.
PASSED AND ADOPTED this 07'
ATTEST:
Rafael E. Granado, City Clerk
day of fu 2022.
Mayor Dan Gelber
(Sponsored by Mayor Dan Gelber, Vice -Mayor Kristen Rosen Gonzalez, Commissioner Alex
Fernandez, Commissioner David Richardson, and Commissioner Mark Samuelian)
APPROVED AS TO
;�. s„�� FORM & LANGUAGE
& FOR EXECUTION
2
1047 of 1420 C* Aftomey
Resolutions - R7 P
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: June 22, 2022
SUBJECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO
ENTER INTO CONCESSIONAIRE AGREEMENTS WITH SELECTED
RESTAURANTEURS, AS THE CITY MANAGER MAY DEEM
APPROPRIATE, TO PROVIDE OUTDOOR FOOD AND BEVERAGE
SERVICE AND CONSUMPTION ON CITY RIGHTS -OF -WAY, PROVIDED
THAT SAID CONCESSIONAIRE AGREEMENTS ARE SUBSTANTIALLY
SIMILAR, WITH REGARD TO ALL MATERIAL TERMS AND CONDITIONS,
TO THE TEMPLATE CONCESSIONAIRE AGREEMENT ATTACHED
HERETO AS EXHIBIT "A"; AND FURTHER, AUTHORIZING THE CITY
MANAGER TO NEGOTIATE CONCESSION AGREEMENTS WITH TERMS
MATERIALLY DIFFERENT FROM THE APPROVED TEMPLATE, AND
AUTHORIZING THE CITY MANAGER TO SUSPEND AND/OR TERMINATE
ANY CONCESSION AGREEMENT IF THE CITY MANAGER DEEMS IT TO
BE IN THE CITY'S BEST INTEREST.
ANALYSIS
Pursuant to the request of Mayor Dan Gelber, Vice -Mayor Kristen Rosen Gonzalez,
Commissioner Alex Fernandez, Commissioner David Richardson, and Commissioner Mark
Samuelian, the above -referenced Ordinance is submitted for consideration by the Mayor and
Commission at the June 22, 2022 City Commission Meeting.
• :4 d I . LCIA I I :'.
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Aoolicable Area
Citywide
I : :?7r. , � -Uiu
;i i� _i� •
Page 1019 of 1232
Page 1048 of 1420
Yes No
Legislative Tracking
Office of the CityAttomey
,Spqnso�r
Mayor Dan Gelber, Vice -Mayor Rosen Gonzalez, Commissioners Fernandez, Richardson and
Samuelian
ATTACHMENTS:
Description
o Commission Memorandum
o Resolution
o Exhibit "A" - Concession Agreement
Page 1020 of 1232
Page 1049 of 1420
MIAMI BEACH
City d AAiamt Reach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.mlamlbeachtl.gov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Rafael A. Pas, City Attorney
DATE: June 22, 2022
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO CONCESSIONAIRE AGREEMENTS WITH
SELECTED RESTAURANTEURS, AS THE CITY MANAGER MAY DEEM
APPROPRIATE, TO PROVIDE OUTDOOR FOOD AND BEVERAGE
SERVICE AND CONSUMPTION ON CITY RIGHTS -OF -WAY,
PROVIDED THAT SAID CONCESSIONAIRE AGREEMENTS ARE
SUBSTANTIALLY SIMILAR, WITH REGARD TO ALL MATERIAL.
TERMS AND CONDITIONS, TO THE TEMPLATE CONCESSIONAIRE
AGREEMENT ATTACHED HERETO AS EXHIBIT "A"; AND FURTHER,
AUTHORIZING THE CITY MANAGER TO NEGOTIATE CONCESSION
AGREEMENTS WITH TERMS MATERIALLY DIFFERENT FROM THE
APPROVED TEMPLATE, AND AUTHOR123NG THE CITY MANAGER TO
SUSPEND AND/OR TERMINATE ANY CONCESSION AGREEMENT IF
THE CITY MANAGER DEEMS IT TO BE IN THE CITY'S BEST
INTEREST.
The proposed Resolution (the 'Resolution"), which is sponsored by Mayor Dan Gelber,
Vice -Mayor Kristen Rosen Gonzalez, Commissioner Alex Fernandez, Commissioner David
Richardson, and Commissioner Mark Samuelian, if approved, creates a concession agreement
program for outdoor dining on the public rights -of -way, approves a template agreement for
concessionaires, and authorizes the City Manager, pursuant to the terms of the concession
agreement, to suspend or terminate any concession agreement if she deems it to be in the City's
best interest to do so.
The attached proposed template concession agreement contains the following general
terms,
1. Two-year term from October 1, 2022 to September 30, 2024;
2. A cumulative per square -foot fee of $32 for cafes on sidewalks and $75 for parking
space cafes;
3. Consumer protection terms and conditions for concessionaires;
4. Notices of breach of contract replace code violations previously found in the sidewalk
cafd ordinance;
5. Binding arbitration replaces court for disputes;
6. Suspension for public safety or other emergencies; termination for convenience
and/or for cause.
Page 1021 of 1232
Page 1050 of 1420
Commission Memorandum — Ordinance re: Resuscitation (CPR) Equipment and Choking
Signage
February 9, 2022
Page 2
BACKGROUND
The proposed Resolution would create, solely in the City's proprietary capacity
and not in furtherance of any regulatory function, a concession agreement program for
selected restaurants with brick -and -mortar facilities and inside seating to offer food and
beverage services on the rights -of -way abutting the physical establishment. The
Program is intended to serve the valid public purpose of promoting the quality of the
City's iconic brand by establishing high quality outdoor food and beverage service on
City property, and positively represent the. City's brand by providing a public space
where residents and visitors can enjoy the City's world-renowned architecture and
scenic sun -drenched vistas.
The City currently and successfully utilizes a concession agreement model with
Smith and Wollensky restaurant to facilitate outdoor dining on the City's property
adjacent to that full -service restaurant (and has successfully used this model for many
years there), and this Resolution proposes to Implement this successful paradigm
Citywide.
Those outdoor cafes in the proposed concession program are intended to always
be operated and maintained at the highest levels of quality and service, befitting an
intemationally renowned resort destination like the City of Miami Beach, if the City's
public purpose is to be achieved.
Because the concession program will be available only to each restaurant
abutting the public right-of-way with available space to locate the concession where the
City's land -use regulations allow sidewalk cafes, a competitive bidding framework for
award of each concession agreement would not apply in this case.
The proposed Resolution also delegates to the City Manager or her designee the
authority to execute, at her discretion, all concession agreements, consistent with the
terms of the proposed Resolution and the template agreement attached here, after
receiving a letter of interest from a proposed concessionaire (on a form to be approved
and distributed by the City Manager or her designee).
The proposed Resolution also authorizes the City Manager to negotiate, at her
sole discretion, concession agreements with terms materially different from the
approved template, with the City Manager retaining the option to seek City Commission
approval of such changes, by resolution of the City Commission.
The proposed Resolution also provides that, notwithstanding any provision to the
contrary, nothing shall preclude the City Manager from seeking direction from the City
Commission regarding any matter related to the Resolution or the concession
agreement, including any approval contemplated under the agreement (within the
timeframe specified therefor) or any proposed amendment or modification to the
agreement.
Page 1022 of 1232
Page 1051 of 1420
Commission Memorandum — Ordinance re: Resuscitation (CPR) Equipment and Choking
Signage
February 9, 2022
Page 3
Finally, the proposed Resolution also provides that there shall be no change
permitted to currently applicable hours for alcohol service and consumption unless
approved by the City Commission.
RAP/RFR/mm
Page 1023 of 1232
Page 1052 of 1420
CONCESSION AGREEMENT
THIS CONCESSION AGREEMENT ("the Agreement") is made this day of
. in the year , and shall become effective on the Commencement Date as
defined in Section 3(A), between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation
of the State of Florida, operating in its proprietary capacity (hereinafter called the "City"), having
its principal address at 1700 Convention Center Drive, Miami Beach, Florida, 33139, and the
Concessionaire listed in Section 2(A) below (hereinafter called "Concessionaire"). The City and
Concessionaire are sometimes hereinafter referred to collectively as the "Parties" and individually
as a "Party".
WHEREAS, the City has created a concession program (the "Program") on the City's
public rights -of -way for a valid public purpose, including Increasing the quality of the outdoor
dining experience for the City's residents and visitors and promoting the City's iconic worldwide
brand by allowing residents and visitors to enjoy food and beverage service while surrounded by
the City's world-renowned architecture and scenic sun -drenched vistas; and
WHEREAS, the City has created this Program in its proprietary capacity with respect to
the use of City -owned property or rights -of -way dedicated to the public and not in any regulatory
capacity; and
WHEREAS, participation in the Program will be limited to restaurant operators who, in the
City Manager's sole discretion, best reflect the City's vision to be a cleaner, safer,. more beautiful
and vibrant, mature and stable, cultural, entertainment and tourism capital; and those that are
operated and maintained in accordance with the highest level of service and quality, befitting the
status of a recognized world -class international resort destination like the City;
NOW, THEREFORE, in consideration of the Recitals and the mutual promises herein
made and for other good and valuable consideration, the receipt and sufficiency, of which the
Parties hereby acknowledge, the City and Concessionaire hereby agree as follows:
ARTICLE I
GENERAL TERMS AND CONDITIONS
1. PURPOSE:
The Parties hereby incorporate by this reference the Recitals set forth above. The Parties
mutually agree that the Program and its objectives are in the vital and best interests of the
City and in furtherance of the public purposes set forth above.
2. CONCESSION:
The City hereby grants to the Concessionaire, and the Concessionaire hereby accepts
from the City, the rights to maintain, manage, and operate an outdoor food and beverage
concession (the "Concession") within the Concession Area (as hereinafter defined), In
accordance with the purpose(s) and subject to all the terms and conditions herein
contained.
Exhibit "A"
1
Page 1026 of 1232
Page 1053 of 1420
A. The Concessionaire is: [Owner/Tenant/Operator of restaurant space]
B. The Concession site is: [Restaurant name and address]
C. All Current Ultimate Beneficial Owners and/or Corporate Officers of this
Restaurant: [List all]
(Failure to accurately disclose all ultimate beneficial owners and corporate officers shall
constitute an incurable breach of this Agreement pursuant to Section 8(A)(iv)(below)).
3. AGREEMENT TERMITIMELINE:
A. Term: Two years; October 1, 2022 ("Commencement Date") through September
30,2024.
Contract Manager. [Right-of-way Manager for the City's Public Works Department or
his/her designee].
4. PAYMENT FOR CONCESSION:
A. CONCESSION FEE: Concessionaire agrees to pay to the City, for the use of the
rights -of -way:
FOR SIDEWALK SPACE SOUTH OF 63RD STREET, EXCEPT FOR
SIDEWALK SPACE WITH UP TO 30 SEATS LOCATED WITHIN THE
COLLINS PARK ARTS DISTRICT OVERLAY: [$17 x square feet annually]
ii. FOR ON -STREET PARKING SPACES: [$60 x sq ft]
iii. FOR SIDEWALK SPACE NORTH OF 63M STREET, AND SIDEWALK
SPACE WITH UP TO 30 SEATS WITHIN THE COLLINS PARK ARTS
DISTRICT OVERLAY: No Concession Fee.
B. MONITORING FEE: FOR SIDEWALK SPACE SOUTH OF 63RD STREET,
EXCEPT FOR SIDEWALK SPACE WITH UP TO 30 SEATS LOCATED WITHIN
THE COLLINS PARK ARTS DISTRICT OVERLAY, AND FOR ALL ON -STREET
PARKING SPACES CITYWIDE: [$16 x square feet annually]
C. PAYMENT TERMS: The Concession Fee and Monitoring Fee shall be paid by or
before the commencement of the Term. Notwithstanding the foregoing, if the sum
of the Concession Fee and the Monitoring Fee is higher than $2.000, the fees may
be paid in four installments as follows: (i) twenty-five percent (250/0) of the
Concession Fee and Monitoring Fee shall be paid by or before the effective date
of this Agreement and (ii) the remaining seventy-five percent (75%) shall be paid
In up to three equal payments by the first day of the sixth (6"'), twelfth (121), and
eighteenth (181') months following the effective date of this agreement.
2
Page 1027 of 1232
Page 1054 of 1420
D. FEE WAVER: The City Manager, in her sole discretion and judgment, may
suspend or prorate the annual Concession Fee and Monitoring Fee in cases of
public construction or public emergency situations, without suspending or
terminating this Concession Agreement.
E. TAXES. ASSESSMENTS: Concessionaire agrees and shall pay, before
delinquency, all taxes and assessments of any kind (including, without limitation,
ad valorem taxes, if assessed, and/or Resort Taxes) levied or assessed upon the
City and/or Concessionaire and/or the Concession Area including, without
limitation, any such taxes and/or assessments that may be levied and/or assessed
against the City and/or Concessionaire and/or the Concession Area by reason of
this Agreement, or by reason of the business or other operations and/or activities
of Concessionaire upon or in connection with the Concession Area.
5. NOTICES:
Any notices required under this agreement shall be delivered via e-mail to the following
addresses:
FOR THE CONCESSIONAIRE:
FOR THE CITY: concessionnoticesD-miamibeachfi.ggov
6. DEFINED TERMS:
As used herein the term:
A. "APPROVED SITE PLAN" means an engineering drawing, signed and sealed by
a duly licensed architect or engineer, which accurately depicts the layout and
dimensions of the Concession Area and the adjacent private property; proposed
location, size and number of tables, chairs, umbrellas, and any other Concession
Facilities and location of doorways, steps, trees and/or landscaped areas,
fountains, parking meters, fire hydrants, bus shelters, directory/kiosks, public
benches, trash receptacles, and any other existing public fixtures, furnishings
and/or other obstruction(s) within the proposed Concession Area. The Site Plan
shall be approved by the City Manager prior to the execution of this Agreement,
and the Concession shall be specifically limited to the subject area shown on the
Approved Site Plan.
B. "CITY MANAGER" means the City Manager of the City of Miami Beach or his or
her designee(s).
C. "CONCESSION" means the use by Concessionaire of an approved Concession
Area (as defined herein) for outdoor seating in connection with the operation of
food and beverage services, ancillary to the operation of Concessionaire's Full -
Service Restaurant, that is primarily characterized by tables and chairs, which may
be shaded by awnings, canopies or umbrellas, but may also include such other
3
Page 1028 of 1232
Page 1055 of 1420
Concession Facilities (as defined herein) for the purpose of advancing the City's
proprietary purposes for the Concession program.
D. "CONCESSION AREA" means the area set forth for food and beverage service
on the Approved -Site Plan, signed and sealed by a duly licensed engineer or
architect, and- approved by the City's Public Works Department, attached as
Exhibit A and Incorporated herein.
E. "CONCESSION FACILITIES" means nonpermanent fixtures, furnishings and
equipment associated with the operation of the Concession and approved
administratively by the City Manager and by the required City Departments for
placement on the City right-of-way, including tables, chairs, umbrellas, planters,
heaters, fans, rolling service stations, service carts, bussing stations, menus,
and/or menu boards. Photographs, drawings or manufacturer's brochures fully
describing the appearance and dimensions of all proposed tables, chairs,
umbrellas, and any other Concession Facilities related to the operation of the
Concession shall be provided by Concessionaire and attached to this Agreement,
along with invoices and proof of payment (if Concessionaire wishes to claim
entitlement to payment after a termination without cause) as Exhibit B.-
F. 'CONCESSIONAIRE" means the concessionaire identified in Section 2(A) of this
Agreement including, but not limited to, any owner, manager, employee,
contractor, agent, officer, director, representative, or any other individual or entity
acting for, by, through or on behalf of any of the foregoing.
G. "FULL -SERVICE RESTAURANT" means a brick -and -mortar food service
establishment that is maintained and operated as a place where food and/or
beverages are prepared and/or served and sold for consumption within the
premises, or a business establishment which has, as an ancillary or secondary
use, or part thereof, where food and/or beverages are prepared and/or served and
sold for consumption within the premises. A restaurant that has an occupational
license or certificate of use that is limited to take-out service and does not have
Inside seating will not qualify as a Full -Service Restaurant.
H. "RIGHT-OF-WAY" means land in which the state, the Florida Department of
Transportation, Miami -Dade County, or the City owns the fee or has an easement
or other rights devoted to or required for use as a sidewalk, transportation facility,
or street.
I. "SIDEWALK means that portion of the right-of-way which is located between the
curb line or the lateral line of a street and the adjacent property line, and which is
Intended for use by pedestrians; provided that on Uncoin Road Mall, a sidewalk
shall mean a right-of-way as defined in this section, but shall only refer to that area
between the property line and the centerline of the right-of-way, exclusive of
landscaped areas and a 12 foot wide dear path for emergency and maintenance
vehicular access.
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7. GENERAL REQUIREMENTS:
A. COMPLIANCE WITH ALL APPLICABLE LAWS AND CONTRACTS TERMS:
The Concessionaire agrees to be bound by all terms and conditions contained in
this Agreement and shall comply with all federal, state, and local laws and
regulations that may govern the Concessionaire's business. Without, limiting the
generality of the foregoing, the Concessionaire specifically agrees to and shall fully
and strictly comply with the conditions set forth in the Concession Area Physical
Terms and Specifications found in Article II of this Agreement and incorporated
herein and the Consumer Protection Terns and Conditions found In Article III of
this Agreement and incorporated herein.
B. CHANGES TO APPROVE SITE PLAN/CONCESSION FACILITIES: The
Concessionaire shall not make any change to the Concession Facilities or to the
configuration of the Approved Site Plan without the prior written consent of the
Right -of -Way Manager for the City's Public Works Department or his/her designee,
which consent (if given at all) shall be at the Right -of -Way Manager's (or his/her
designee's) sole discretion.
C. The parties agree that violation of any of these terms and conditions set forth in
these subsections will be considered material breaches of this Agreement,
subjecting the Concessionaire to the Termination for Cause provisions set forth in
Section 8(A).
8. TERMINATION:
A. TERMINATION FOR CAUSE:
Monetary Default If the Concessionaire fails to pay any money due to the
City under this Agreement, or due to the City under any other authority, by
the due date, then upon 15 days prior written notice from the'City, the City
may, at Its sole discretion, suspend this Agreement until all outstanding
amounts are paid, or terminate the Agreement altogether. Late payments
for Concession Fee and Monitoring Fees shall accrue at the rate of ten
percent per annum for the first 30 days. If the Concession Fee and
Monitoring Fee are not paid within 60 days after it is due, the Concession
Agreement shall terminate automatically. Any continued operation of a
Concession after termination of this Agreement shall be construed as
operating a business on the public right-of-way without lawful authority, and
the City Manager shall have the right to remove, upon 24 hours' written
and/or verbal notice to the Concessionaire, any and all Concession
Facilities used in connection with the Concession, and/or compel the
termination of ail Concession activities by all available means.
ii. Non -Monetary Default If the Concessionaire breaches any non -monetary
provision of this Agreement, the City Manager may (after at least one prior
Notice of Breach of Concession Agreement for the same breach), suspend
this Agreement until the City Manager Is satisfied that the breach has been
5
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Page 1057 of 1420
cured and will not be repeated, or terminate the Agreement altogether.
iii. Life Safety Breaches and/or Approved Site Plan breaches: Life Safety
breaches and/or Approved Site Plan breaches shall be corrected
immediately. "Life Safety" breaches are defined as those conditions which,
in the reasonable determination and judgment of the City Manager, involve
serious danger and/or risk to the public health, safety or welfare (including,
without limitation, blocking pedestrian pathways and violations of the state
accessibility code for building construction). "Approved Site Plan" breaches
are defined to include those instances where the Concessionaire is
operating outside of the permitted Concession Area. Violations shall
include, without limitation, a table or tables set up outside the approved
boundaries of the "Approved Site Plan", and/or umbrellas, heaters, fans,
bussing stations and other Concession furniture found to be outside the
"Approved Site Plan", but shall not be deemed to include instances where
a chair or chairs are moved outside the approved boundaries of a site plan
by a Concession patron(s). If such life safety breaches and/or Concession
Approved Site Plan breaches are not or cannot be corrected immediately,
the City Manager may, at his or her sole discretion, suspend operation of
the Concession until such time as the breach(es) Is corrected to the
satisfaction of the City Manager.
iv. Uncurable Default: If the default is of a nature that cannot be cured, such
as, without limitation, fraud against a consumer or against the City, or a
material misrepresentation in connection with Contractor's performance
under this Agreement, such as concealing or attempting to conceal the
true current and past ownership interests and corporate officers in
Concessionaire's current or past corporate entity(ies), so as to avoid
disclosure to the City of any person who, at any time, serves or previously
served as a corporate officer or owner of Concessionaire's business,
the termination shall be effective upon receipt of the termination notice
and no cure period shall apply.
V. Cross -Default: In the event that the City has terminated the
Concessionaire for cause under a separate concession agreement under
the Program, the City Manager, at his or her sole discretion, shall have
the right to terminate this Agreement for cause, upon providing
Concessionaire with ninety (90) days prior written notice.
B. TERMINATION WITHOUT CAUSE: Either party may terminate this Agreement
Without cause upon ninety (90) days prior written notice to the other party. If the
Concession Area consists of both space on City parking spaces and space on
other City rights -of -way, either party may terminate the Agreement as to either or
both of those areas under this provision.
Termination without cause by the City: If the City Manager terminates
this Agreement without cause, upon written request by the Concessionaire,
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Page 1058 of 1420
the City shall pay to the Concessionaire the unamortized value of any
Concession Facilities, as defined in Section 6(E) of this Agreement, that
are subject to removal, which shall be computed as the purchase price
actually paid minus three percent (3%) of that amount for each month after
purchase, up to a maximum payment of $100,000. To be eligible for this
payment, the Concessionaire must provide the City with itemized evidence
of each purchase and itemized evidence of payment within ten (10) days
of the effective date of this Agreement or within ten (10) days of delivery,
whichever occurs later. This itemized Concession Facilities proof of
purchase and payment shall be attached as Exhibit B to this Agreement.
Only Concession Facilities appearing on the Approved Site Plan shall be
eligible for reimbursement. If the City terminates this Agreement without
cause, the prorated Concession Fee and Monitoring Fee representing the
remainder of the contract year shall also be refunded. Concessionaire's
SOLE REMEDY upon termination without cause shall be the payment of
the unamortized value of the Concession Facilities per this Section and
refund of the prorated Concession Fee and Monitoring Fee; and upon
payment thereof (if owed) the City shall not have and shall not owe any
further obligation or liability to the Concessionaire.
ii. Termination without cause by Concessionaire: If Concessionaire
terminates this Agreement without cause, the City shall be entitled to retain
the Concession Fee and Monitoring Fee.
III. Termination or Suspension by the City due to Public Health, Welfare
or Safety Concern: In the event of public health, welfare, or safety
concern, upon verbal or written notice, the City Manager may immediately
suspend use of the Concession Area for a time certain, or terminate the
Agreement on a given date. If the City terminates this Agreement due to a
public health, welfare or safety concern, a pro rata portion of the
Concession Fee and Monitoring Fee representing the remainder of the
Term shall be refunded. If the City suspends this Agreement due to a public
health, welfare or safety concern, a pro rata portion of the Concession Fee
and Monitoring Fee representing the length of the suspension shall be
refunded.
iv. Termination or Suspension by the City due to City Project: In the event
of a current or upcoming City project (or project of another governmental
entity) at the Concession Site, upon verbal or written notice, the City
Manager may Immediately suspend use of the Concession Area for a time
certain, or terminate the Agreement on a given date. A project includes, but
is not limited to, maintenance, repairs, and/or construction on or around the
Concession Area. If the City terminates this Agreement due to a City
project, a pro rate portion of the Concession Fee and Monitoring Fee
representing the remainder of the Term shall be refunded. If the City
suspends this Agreement due to a City project, a pro rata portion of the
Concession Fee and Monitoring Fee representing the length of the
suspension shall be refunded.
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V. Clearing the Public Right -of -Way: Upon termination or suspension of this
Agreement, by any party for any reason, Concessionaire shall immediately
remove all Concession Facilities and employees/agents from the public
right-of-way, including from the Concession Area. If the Concessionaire
fails to do so, the City may remove all property from the public right-of-way
and store it or dispose of .it as it sees fit at Concessionaire's expense,
without any liability to the City, Alternatively, or in addition, the City may cite
the Concessionaire under the City Code or criminally charge the
Concessionaire under applicable criminal ordinances and/or statutes for
any applicable offenses.
9. NO ASSIGNMENT:
Concessionaire shall not have the right to assign or transfer all or any part of the
Concession Area or the Concession Agreement.
10. USE:
The Concession Area shall be used solely for the purpose of outdoor cafe dining. If the
Concession Area is used for any other purpose, the City Manager shall have the option of
immediately terminating this Agreement.
11. NO CITY WIBILITY FOR CONCESSIONAIRE'S ACTIVITIES ON RIGHT-OF-WAY'
INDEMNIFICATION BY CONCESSIONAIRE:
The City shall not be liable for any of Concessionaire's activities on the public right-of-way
and/or arising out of the Concessionaire's use of the Concession Area. Concessionaire
shall defend, indemnify and hold harmless the City, its agents and employees, from and
against any and all claims, demands, liabilities, damages, judgments, orders, decrees,
actions, proceedings, fines, penalties, costs and expenses, including without limitation,
court costs and reasonable attorneys' fees (collectively, °Claims") arising from or relating
to any violation of law, loss of life, damage or injury to persons, property or business
occurring in, about or from the Concession Area or any area adjacent thereto, or directly
or indirectly caused by or in connection with any violation of this Agreement or use of the
Concession Area by, or any other act or omission of, Concessionaire, any other occupant
of the Concession Area, or any of their respective agents, employees, invitees or
contractors.
12. INSURANCE REQUIREMENTS REQUIRED TO BE MAINTAINED DURING THE
CONTRACT TERM:
Concessionaire agrees to Indemnify, defend, save and hold harmless the City, its
commissioners, officers and employees, from any and all claims, liability, lawsuits,
damages and causes of action which may arise .out of this Agreement or. the
Concessionaire's' s activity on the public right-of-way. Concessionaire agrees to meet and
maintain for the entire contract tern, at its own expense, the following requirements:
a
Page 1033 of 1232
Page 1060 of 1420
13
14.
15.
A. Commercial general liability insurance, in the amount of $1,000,000.00 per
occurrence for bodily injury and property damage. The City of Miami Beach,
Florida, must be named as an additional insured on this policy, and an
endorsement must be issued as part of the policy reflecting compliance with this
requirement.
B. For Concession operations which serve alcoholic beverages, liquor liability
insurance, in the amount of $1,000,000.00 per occurrence for bodily injury and
property damage. The City of Miami Beach, Florida, must be named as an
additional insured on this policy, and an endorsement must be issued as part of
the policy reflecting compliance with this requirement.
C. Workers' compensation and employers' liability as required by the State of Florida.
D. All policies must be issued by companies authorized to do business in the state
and rated B+:VI or better per Best's Key Rating Guide, latest edition.
E. The City must receive 30 days' written notice prior to any cancellation, non -renewal
or material change in the coverage provided.
F. Concessionaire must provide and have approved by the City an original certificate
of insurance as evidence that the requirements set forth in this section have been
met prior to commencing operations.
G. Failure to comply with these requirements at any time shall cause an immediate
suspension or revocation of the use of the Concession Area.
ACCESS TO CONCESSION AREA:
The City may enter the Concession Area at any time without prior notice to Concessionaire
for any purpose, - including, without limitation: (1) to confirm performance under the
Agreement; (2) observe and Inspect the Concession Area; (3) to maintain, repair and
improve the Concession Area; and (4) any other lawful purpose the City determines
necessary for the conduct of its business.
OTHER GOVERNMENTAL APPROVALS:
Concessionaire agrees that It will secure all necessary contracts, permits, leases, or any
other required permissions from any governmental authority requiring it in the location
where the Concession Area is located. This includes obtaining a Business Tax Receipt
from the City prior to opening. Also, a separate review and approval from the Florida
Department of Transportation ("FDOr) or Miami -Dade County may be necessary.
GOVERNMENTAL REGULATIONS AND COMPLIANCE WITH LAWS:
The Concessionaire covenants and agrees to fulfill and comply with all statutes,
ordinances, rules, orders, regulations, and requirements of any and all governmental
bodies, including but not limited to Federal, State, Miami -Dade County, and City
governments, and any and all of their departments and bureaus applicable to the
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Page 1061 of 1420
Concession Area and Concessionaire's proposed use(s) thereof, and shall also comply
with and fulfill all rules, orders, and regulations for the prevention of fire, all at
Concessionaire's own cost and expense. The Concessionaire shall pay all cost, expenses,
claims, fines, penalties, and damages that may be imposed because of the failure of the
Concessionaire to comply with the Agreement, and shall indemnify and hold harmless the
City from all liability arising from each non-compliance, except where such non-
compliance is caused by the sole negligence or willful misconduct of the City or its officers,
agents and employees.
16. WAIVER OF ANY CLAIMED FIRST AMENDMENT RIGHT TO SOLICIT PASSERSBY:
Concessionaire acknowledges and agrees that it is offered this Agreement in order for it
to market, advance, and promote the City's iconic worldwide brand through its outdoor
dining operation on City property. Concessionaire further acknowledges and agrees that
Concessionaire's sales tactics in or around the Concession Area are or may reasonably
be construed as reflections of the City's brand. Soliciting passersby defeats the public
purpose advanced by this Agreement by damaging the City's brand, and taking away from
residents', visitors', and tourists' ability to relax and enjoy a stroll on the City's scenic
promenades. Therefore, Concessionaire specifically agrees not to solicit passersby or to
distribute commercial handbills to passersby as set forth in paragraph 84 of this
Agreement. Concessionaire hereby knowingly, intelligently, and voluntarily waives any
putative free speech right under the First Amendment to the United States Constitution or
under any provision of the Florida Constitution (or any other source of such a putative
right) to do so. Concessionaire has had the opportunity to consult an attorney prior to
executing this Agreement (including the foregoing waiver), and has made the voluntary
and informed decision to do so.
17. DISPUTES:
This Agreement shall be governed by, construed, and enforced in accordance with the
Laws of the State of Florida, to the fullest extent permitted by such laws, without giving
effect to its conflicts of law rules. Any dispute between or among the Parties (in any
combination), including disputes arising out of, relating to, or in connection with this
Agreement, shall be resolved by binding arbitration before one arbitrator, fluent in English,
pursuant to the Commercial Arbitration Rules of the American Arbitration Association
("AAA Rules°) in force on the date of the Request for Arbitration. The venue and seat of
the arbitration shall be Miami Beach, Florida. The language of the arbitration shall be
English.
The Parties agree that, for the sake of efficiency, Notice(s) of Breach of Concession
Agreement shall not be subject to arbitration unless and until the City Manager suspends
or terminates this Agreement If the City Manager suspends or terminates this Agreement,
it is the intent of the Parties that all matters prerequisite to a suspension or termination for
(if any), and/or matters regarding payment due from the City upon a termination without
cause, shall be arbitrated once, only after a suspension or termination has been ordered.
Terminations or suspensions by the City due to a public health, welfare or safety concern,
and/or due to a City project, shall be final and not subject to challenge.
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Page 1062 of 1420
The Parties also specifically waive any possible right to collect prevailing party attorney's
fees.
The Parties also waive any and all rights to seek lost profits, consequential, special or
punitive damages for any breach of this Agreement or for any breach of any duty,
obligation, or other rule under any statutory or common law cause of action that may be
waived by contract under applicable law.
18. NO PROPERTY RIGHTS CONFERRED BY THE AGREEMENT:
Concessionaire acknowledges and agrees that the nature of the Concessionaire's
relationship with the City is that of a City contractor and that no other relationship
either expressed or implied shall be deemed to apply to the parties under this
Agreement. No property rights of any nature whatsoever shall be created on the
part of the Concessionaire by this Agreement, and termination of this Agreement
for any reason shall not be deemed to implicate any property right or to be a taking
under any statutory or constitutional provision.
19. INSPECTOR GENERAL AUDIT RIGHTS:
A. Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has
established the Office of the Inspector General which may, on a random basis,
perform reviews, audits, inspections and investigations on all City contracts,
throughout the duration of said contracts. This random audit is separate and
distinct from any other audit performed by or on behalf of the City.
B. The Office of the Inspector General is authorized to investigate City affairs and
empowered to review past, present and proposed City programs, accounts,
records, contracts and transactions. In addition, the Inspector General has the
power to subpoena witnesses, administer oaths, require the production of
witnesses and monitor City projects and programs. Monitoring of an existing City
project or program may include a report concerning whether the project is on time,
within budget and in conformance with the contract documents and applicable law.
The Inspector General shall have the power, as it relates to any violation of this
Agreement, to audit, investigate, monitor, oversee, inspect and review operations,
activities, performance, activities of Concessionaire, its officers, agents and
employees, lobbyists, City staff and elected officials to ensure compliance with the
terms of the Concession Agreement and to detect fraud and corruption. For the
avoidance of doubt, nothing set forth herein shall be construed to grant to the City
or the Inspector General any audit or other rights with respect to any matter or
activity that is unrelated to the Concession Agreement.
C. Upon ten (10) days written notice to Concessionaire, Concessionaire shall make
all requested records and documents relating to an alleged violation of the
Concession Agreement available to the Inspector General for inspection and
copying. The Inspector General is empowered to retain the services of
independent private sector auditors to audit, investigate, monitor, oversee, inspect
and review operations activities, performance and procurement process including
but not limited to project design, bid specifications, (bid/proposal) submittals,
Page 1036 of 1232
Page 1063 of 1420
activities of Concessionaire, its officers, agents and employees, lobbyists, City staff
and elected officials to ensure compliance with the contract documents and to
detegt fraud and corruption.
D. The Inspector General shall have the right to Inspect and copy all documents and
records specific to the participation in this Concession Agreement in
Concessionaire's possession, custody or control which in the Inspector General's
sole judgment, pertain to performance of the Agreement.
E. Concessionaire shall make available at its office at all reasonable times the
records, materials, and other evidence relating to any alleged violation and
performance of this Agreement, for examination, audit, or reproduction, until three
(3) years after final payment under this Agreement or for any longer period required
by statute or by other clauses of this contract. In addition:
If this Agreement is completely or partially terminated, Concessionaire shall
make available records relating to the work terminated until three (3) years
after any resulting final termination settlement; and
ii. Concessionaire shall make available records relating to appeals or to
litigation or the settlement of claims arising under or relating to this
Agreement until such appeals, litigation, or claims are finally resolved. .
F. The provisions in this section shall apply to Concessionaire, its officers, agents,
and employees.
G. Nothing in this section shall Impair any independent right to the City to conduct
audits or investigative activities. The provisions of this section are neither intended
nor shall they be construed to impose any liability on the City by Concessionaire
or third parties.
20. FLORIDA PUBLIC RECORDS LAW:
A. Concessionaire shall comply with Florida Public Records law under Chapter 119,
Florida Statutes, as may be amended from time to time, for any records directly
associated with this Agreement or alleged violation thereof.
B. The term 'public records' shall have the meaning set forth in Section
119.011(12), which means all documents, papers, letters, maps, books, tapes,
photographs, films,' sound recordings, data processing software, or other
material, regardless of the physical form, characteristics, or means of
transmission, made or received pursuant to law or ordinance or in connection
with the transaction of official business of the City.
C. Pursuant to Section 119.0701 of the Florida Statutes, if Concessionaire meets the
definition of "Contractor" as defined in Section 119.0701(1)(a), Concessionaire
shall:
Keep and maintain public records required by the City to perform the
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service,
Upon request from the City's custodian of public records, provide the City
with a copy of the requested records or allow the records to be inspected
or copied within a reasonable time at a cost that does not exceed the cost
provided in Chapter 119, Florida Statutes or as otherwise provided by law;
III. Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed, except as
authorized by law, for the duration of the contract term and following
completion of this Agreement if Concessionaire does not transfer the
records to the City;
iv. Upon completion of this Agreement, transfer, at no cost to the City, all
public records in possession of Concessionaire or keep and maintain
public records required by the City to perform the service. If
Concessionaire transfers all public records to the City upon completion
of this Agreement, Concessionaire shall destroy any duplicate public
records that are exempt or confidential and exempt from public records
disclosure requirements. If Concessionaire keeps and maintains public
records upon completion of this Agreement, Concessionaire shall meet
all applicable- requirements for retaining public records. All records
stored electronically must be provided to the City, upon request from the
City's custodian of public records, in a format that is compatible with the
information technology systems of the City.
D. REQUEST FOR RECORDS; NONCOMPLIANCE
A request to inspect or copy public records relating to the City's contract
for services must be made directly to the City. If the City does not possess
the requested records, the City shall immediately notify Concessionaire of
the request, and Concessionaire must provide the records to the City or
allow the records to be inspected or copied within a reasonable time.
ii. Concessionaire's failure to comply with the City's request for records
shall constitute a breach of this Agreement, and the City, at its sole
discretion, may: (1) unilaterally terminate this Agreement and/or (2)
avail itself of the remedies set forth under this Agreement.
lii. If Concessionaire fails to provide the public records to the City within a
reasonable time, the Concessionaire may be subject to penalties under s.
119.10.
iv. In the event the City Is found liable as a result of Concessionaire's failure
to comply with Florida's Public Records Act, the Concessionaire shall
indemnify the City for any fees, costs or other liability the City may incur.
E. The Concessionaire represents and warrants that it is familiar with the terns and
requirements of Florida's Public Records Act, Chapter 119.
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F. IF CONCESSIONAIRE HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO CONCESSIONAIRE'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT: [insert contact]
21. FORCE MAJEURE:
No party hereto shall be liable for its failure to carry out its obligations under the Agreement
during a period when such parry is rendered unable, in whole or in part, by Force Majeure
to carry out such obligations. A "Force Majeure' event is an event that (i) in fact causes a
delay in the performance of the Concessionaire or the City's obligations under the
Agreement, and (ii) is beyond the reasonable control of such party, which may include
events such as war, civil insurrection, riot, fires, epidemics, pandemics, terrorism,
sabotage, explosions, embargo restrictions, quarantine restrictions, transportation
accidents, strikes, strong hurricanes or tornadoes, earthquakes, or other acts of God
which prevent performance. Force Majeure shall not include technological impossibility,
inclement weather, or failure to secure any of the required permits pursuant to the
Agreement. If the City or Concessionaire's performance of its contractual obligations is
prevented or delayed by an event believed by to be Force Majeure, such party shall
immediately, upon learning of the occurrence of the event or of the commencement of any
such delay, but in any case within fifteen (15) business days thereof, provide notice to the
other party. The timely delivery of the notice of the occurrence of a Force Majeure event
is a condition precedent to allowance of any relief pursuant to this section; however,
receipt of such notice shall not constitute acceptance that the event claimed to be a Force
Majeure event is in fact Force Majeure, and the burden of proof of the occurrence of a
Force Majeure event shall be on the requesting party. In no event will any condition of
Force Majeure extend this Agreement beyond its stated term.
22. NO WAIVER OF SOVEREIGN IMMUNITY:
A. The City desires to enter into this Agreement only if in so doing the City can place
a limit on the City's liability for any cause of action, for money damages due to an
alleged breach by the City of this Agreement, so that its liability for any such breach
never exceeds the sum of $100,000. Concessionaire hereby expresses its
willingness to enter into this Agreement with Concessionaire's recovery from the
City for any damage action for breach of contract to be limited to a maximum
amount of $100,000.
Accordingly, and notwithstanding any other term or condition of this Agreement,
Concessionaire hereby agrees that the City shall not be liable to the
Concessionaire for damages in an amount in excess of $100,000 for any action or
claim for breach of contract arising out of the performance or non-performance of
any obligations imposed upon the City by this Agneement.
B. Moreover, nothing In this Agreement shall be deemed or otherwise Interpreted as
waiving the. City's sovereign immunity protections, or as increasing the limits of
liability set forth in §768.28, Fla. Stat.. The limit of the City's liability for breach of
this Agreement shall be limited in amount and shall not exceed the limitations of
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Page 1066 of 1420
liability for tort actions set forth in §768.28(5), Fla. Stat..
23. ENTIRE AGREEMENT:
This Agreement and attached exhibits contain the entire agreement of the Parties and no
representations or promises have been made except those that are specifically set out in
this Agreement All prior and contemporaneous conversations, negotiations, possible and
alleged agreements and representations, covenants, and warranties with respect to the
subject matter of this Agreement, and any part hereof, are waived, merged herein and
superseded hereby.
24. SEVERABILITY:
If any section, paragraph, clause or provision of this Agreement is adjudged by a court,
agency or authority of competent jurisdiction to be invalid, illegal or otherwise
unenforceable, all remaining parts of this Agreement shall remain in full force and effect
and the Parties shall be bound thereby so long as principal purposes of this Agreement
remain enforceable.
25. THIRA PARTY BENEFICIARIES:
This Agreement shall be binding upon and inure to the benefit of the Parties hereto.
Nothing in this Agreement is intended to confer any rights, privileges, benefits, obligations
or remedies upon any other person or entity except as expressly provided for herein.
26. COMPUTATION OF TIME:
27.
In computing any period of time prescribed in this Agreement, the day of the act, event or
default from which the designated period of time begins to run, shall not be included. The
last day of the period shall be included unless it is a Saturday, Sunday or legal holiday, in
which event the period shall run until the end of the next day which is not a Saturday,
Sunday or legal holiday.
By their signature below, the parties hereby acknowledge the adequacy and sufficiency of
consideration provided in this Concession Agreement and forever waive the right to object
to or otherwise challenge the same.
28. NO PARTNERSHIP OR JOINT VENTURE:
It is understood and agreed that nothing contained in this Agreement shall be deemed or
construed as creating a partnership or joint venture between the parties or any third party,
or cause any party to be responsible in any way for the debts and obligations of the other
party. Concessionaire shall be solely liable for all claims arising out of the use of the
Concession Area.
1s
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Page 1067 of 1420
29. CONSULTATION:
Notwithstanding any provision to the contrary in this Agreement, nothing herein shall
preclude the City Manager from seeking direction from the City Commission regarding any
matter arising out of or related to this Agreement, Including, without limitation, any
approval contemplated under this Agreement (within the timeframe specified therefor) or
any proposed amendment or modification to this Agreement.
30. NOT A LEASE:
It is expressly understood and agreed that no part, parcel, building, facility, equipment or
space is leased to the Concessionaire, that it is a concessionaire and not a lessee; that
the Concessionaire's right to operate the Concession shall continue only so long as this
'Agreement remains in effect.
31. NO LIEN:
In the event any notice or claim of lien shall be asserted against the interest of the City on
account of or arising from any work done by or for Concessionaire, or any person claiming
by, through or under Concessionaire, or for improvements or work, the cost of which Is the
responsibility of Concessionaire, Concessionaire agrees to have such notice or claim of
lien cancelled and discharged within fifteen (15) days after notice to Concessionaire by
City. In the event Concessionaire fails to do so, City may terminate this Agreement for
cause without liability to City.
ARTICLE 11
CONCESSION AREA PHYSICAL TERMS AND SPECIFICATIONS
32. PROHIBITED CONCESSION OPERATIONS:
A. There shall be no concessions permitted and/or placed within a section of the 1100
block of Lincoln Road Mail, between Lenox Avenue and Alton Road; said section
as more specifically defined by the following description:
Land description:
A portion of Lincoln Road lying between Alton Road and Lenox Avenue, as shown
on "Commercial Subdivision" according to the plat thereof, as recorded in Plat
Book 6, at Page 5 of the Public Records of Miami -Dade County, Florida, being
more particularly described as follows:
Commence at the southwest comer of Lot 6, Block 39 of said "Commercial
Subdivision;" thence south 89'08;deg;55" west along the south line of Block 39 of
said "Commercial Subdivision," a distance of 11.20 feet; thence south
00'51;deg;05" east, a distance of 25.00 feet to the point of beginning; thence
continue south 00'51;deg;05" east, a distance of 50.00 feet; thence south
89'08;deg;55" west along a line 25.00 feet north and parallel with the south right-
of-way line of said Lincoln Road, a distance of 190.08 feet; thence north
00'51;deg;05 west, a distance of 50.00 feet; thence north 8908;deg;55" east along
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a line 25.00 feet south and parallel with the north right-of-way line of said Lincoln
Road, a distance of 190.08 feet to the point of beginning.
Said land situate, lying and being in the City of Miami Beach, Miami/Dade County,
Florida; containing 9,504 square feet, more or less.
B. There shall be no personal property or equipment relating to the operation of a
restaurant, including, without limitation, concession furniture, garbage receptacles,
storage containers, back -of -house operation, equipment or supplies, or any other
similar item permitted and/or placed within the improved section of Euclid Avenue,
between Lincoln Road and Lincoln Lane South, which section is more particularly
described as follows:
Land description:
A portion of Euclid Avenue right-of-way as shown on the plat of "Second
Commercial Subdivision of the Alton Beach Realty Company", according to the
plat thereof, as recorded in Book 6, at Page 33, and the plat of "Lincoln
Subdivision" according to the plat thereof, as recorded in Plat Book 9, at rage 69,
both recorded in Public Records of Miami -Dade County, Florida; bounded on the
north by the extension of the south right-of-way line of Lincoln Road; bounded on
the south by the extension of the north right-of-way line of Lincoln Lane South;
bounded on the east by the east right-of-way line of Euclid Avenue and bounded
on the west by the west right-of-way line of Euclid Avenue, less the northerly 30
feet
Said land situate, lying and being the City of Miami Beach, Miami -Dade County,
Florida; containing 8,400 square feet, more or less.
33. SITE PLAN AND CONCESSION FACILITIES:
Concessionaire shall provide the City Manager or City Manager's designee with a Site
Plan signed and sealed by a duly licensed architect or engineer, which accurately depicts
the layout and dimensions of the existing sidewalk area and adjacent private property;
proposed location, size and number of tables, chairs, umbrellas, and any other
Concession Facility; and location of doorways, steps, trees and other landscaped areas,
fountains, parking meters, fire hydrants, bus shelters, directory/kiosks, public benches,
trash receptables, and any other existing public fixtures, furnishings and/or other
obstruction(s) within the proposed Concession Area. Concessionaire shall also provide
photographs, drawings or manufacturer's brochures fully describing the appearance and
dimensions of all proposed Concession Facilities related to the operation of the
Concession Area. The site plan and Concession Facilities shall be approved by the City
Manager prior to Concessionaire commencing use of the Concession Area. Additionally,
the Site Plan and the design, type, material, and color of any and all furniture, tables,
chairs, umbrellas and other Concession Facilities proposed to be used on the Concession
Area shall be approved in writing by the City Manager or designee prior to Concessionaire
operating the Concession Area. The approved Site Plan and approved Concession
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Facilities documentation will be attached as Exhibits A and B'to the Concession
Agreement. The approved Site Plan for concessions located on City parking spaces on a
roadway shall comply with the Parking Space Restaurant Concession Design Guidelines,
which will be attached as Exhibit D to the Concession Agreement. Only restaurants
located at the ground level of a building shall be eligible to create a parking space
concession, except for restaurants in the South of Fifth neighborhood, which shall be
defined as the area of the City south of 5th Street, excluding Washington Avenue between
4th and 5th Streets. The approved Site Plan for concessions on Ocean Drive shall comply
with the Ocean Drive Restaurant Concession Design Guidelines, which will be attached
as Exhibit E to the Concession Agreement.
Thereafter, Concessionaire shall not change, alter, or modify said City -approved Site Plan
or design, type, material and color of any Concession Facilities without securing the prior
written consent of the City Manager or his or her designee and any other required
governmental approvals, and, if so approved, an updated Exhibit will be made a part of
and incorporated into the Concession Agreement. Concessionaire shall be specifically
limited to use of the Concession Area shown on the approved Site Plan.
34. ANCILLARY USE:
Concession Areas may only be used as an ancillary use to the restaurant immediately in
front of the Concession Area. The outdoor seating for the Concession Area may not be
used for calculating seating requirements pertaining to location of, applications for, or
Issuance of, a liquor license, nor shall the Concession Area seating capacity be used as
the basis for computing required seating for restaurants, or as grounds for claiming
exemption from such requirements under the provisions of any applicable City, County,
and/or State law.
35. ALCOHOL SERVICE:
Concessionaire shall be permitted to serve, for sale and consumption within the
Concession Area, food and beverages, including the sale and on -premises
serving/consumption of alcoholic beverages, as permitted under applicable law.
36. HOURS OF SALE OF ALCOHOLIC BEVERAGES:
A. Alcoholic beverages shall not be offered for sale or consumption in the Concession
Area between the hours of 1:30 a.m. and 8:00 a.m., and shall not be consumed at
the Concession Area between the hours of 2:00 a.m. and 8:00 a.m.
B. OCEAN DRIVE: Notwithstanding subsection (A), alcoholic beverages may be
offered for sale or consumption and may be consumed at Concession Area located
on Ocean Drive, between 5th Street and 15th Street:
until 7:00 a.m. on January 1 (New Year's Day) or, if January 1 is on a
Sunday, until 7:00 a.m. on Monday if the day that is observed as a national
holiday for New Year's Day is on Monday, and (ii) until 7:00 a.m. during
certain major event days or weekends as may be designated by the city
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commission or as may be designated by the city manager following
approval by the city commission, under the following conditions:
ii. The police department and the code compliance department of the city
must be notified by a letter, received no later than 15 business days prior
to either. 1. January 1, or 2. the day on which alcohol sales are to be
extended, stating that the alcoholic beverage establishment intends to
serve alcoholic beverages for on -premises consumption and, if the
alcoholic beverage establishment is located on Ocean Drive between 50i
Street and 15th Street, for consumption at the establishments Concession
until 7:00 a.m.;
Ili. if deemed reasonably necessary by the police chief, or the police chiefs
designee, off -duty police officers must be provided at the alcoholic
beverage establishment until 7:00 a.m.;
iv. There are no pending city Code violations against the alcoholic beverage
establishment and the alcoholic beverage establishment has not had more
than one adjudicated city Code violation per year within the prior 24
months; notwithstanding the foregoing, the conditions in this subsection
may be waived by the City Manager in his or her sole discretion;
V. No delinquent or past due monies are owed to the city;
vi. Outdoor entertainment or open-air entertainment is not allowed;
vii. No violation of the city's noise ordinance shall be permitted
vill. No violation of the approved fire code occupancy load shall be permitted;
ix. All required city permits and licenses are current;
X. The state license is current;
A. The alcoholic beverage establishment has been in continuous operation for
the prior 24 months in the city, is licensed as an alcoholic beverage
establishment, and (i) is permitted to serve alcoholic beverages for on -
premises consumption until 5:00 a.m., or (H) is located in the MXE mixed
use entertainment district south of 16th Street and permitted to serve
alcoholic beverages for on -premises consumption until 2:00 a.m.; and
Al. Any other conditions required by the City Manager in order to protect the
public health, safety, or welfare of the City, its residents, and its visitors.
C. ALTON ROAD CORRIDOR: Alcoholic beverage establishments, whether as a
main use, conditional use, or accessory use, that are looted on the west side of
Alton Road and east of Alton Court, between 5th Street and 11th Street, and
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between 14th Street and Collins Canal; and properties on the east side of West
Avenue, between Lincoln Road and 17th Street, except alcoholic beverage
establishments fronting Lincoln Road between West Avenue and Alton Road that
have active outdoor dining Concession Agreements shall only serve alcoholic
beverages at Concessions during hours when food is served in the restaurant,
shall cease Concession operations at 12:00 a.m., and shall not be permitted to
have outdoor speakers.
D. SUNSET HARBOUR NEIGHBORHOOD: Alcoholic beverage establishments,
whether as a main use, conditional use, or accessory use, that are located in the
Sunset Harbour neighborhood, which is generally bounded by Purdy Avenue to
the west, 20th Street and the waterway to the north, Alton Road to the east, and
Dade Boulevard to the south shall cease Concession operations no later than
12:00 a.m.
E. MXE MIXED USE ENTERTAINMENT DISTRICT: Alcoholic beverage
establishments with Concession Agreements shall only serve alcoholic beverages
at Concession Areas during hours when food is served in the restaurant and shall
not be permitted to have outdoor speakers anywhere within the public right-of-way.
F. SOUTH OF FIFTH STREET: Alcoholic beverage establishments with Concession
Agreements shall only serve alcoholic beverages at Concessions during hours
when food is served, shall cease Concession operations no later than 12:00 a.m.
(except as otherwise provided herein), and shall not be permitted to have outdoor
speakers. Alcohol beverage establishments that have maintained an active
business tax receipt and sidewalk cafe permit uninterrupted from June 28, 2016
until September 30, 2022, or an establishment that has obtained approval for an
alcoholic beverage establishment from a land use board, and which land use board
order is active and has not expired prior to June 28, 2016, that allow service of
alcoholic beverages after 12:00 A.M. may continue to do so, but shall not serve
alcoholic beverages later than 1:30 a.m., and alcoholic beverages may not be
consumed at Concessions after 2:00 a.m. Should an alcoholic beverage
establishment with a Concession Agreement allowing alcohol service after 12:00
A.M., as provided in the immediately preceding sentence above, be delinquent in
a payment obligation to the city, and/or receive two final adjudications of violations
of City Code section 12-5 (special event permit), or section 46-152 (noise
ordinance), that alcoholic beverage establishment shall only be allowed to serve
alcoholic beverages at its Concession until 12:00 a.m. for a 12-month period.
G. Noncompliance with this section shall be deemed a breach of the Concession
Agreement due to Public Health, Welfare or Safety Concern entitling the City to
the remedies set forth in Agreement Section 8(B).
37. OTHER GOVERNMENTAL APPROVALS:
During the Contract Term, Concessionaire shall be solely responsible for applying for,
obtaining, and maintaining all governmental approvals required for the operation of the
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restaurant and. Concession Area, including, without limitation, a BTR to operate the
restaurant adjacent to the proposed Concession Area; Certificate of Use for the restaurant;
liquor license; and, if applicable, State or County approval for Concessions located on
those entities' rights -of -way.
38. FULL -SERVICE RESTAURANT:
The restaurant associated with Concessionaire's Concession operation must have inside
seating and cannot be limited to take-out service.
39. NO ILLEGAL USE:
It is understood and agreed that the Concession Area shall be used by the
Concessionaire during the Term of the Concession Agreement only for the purposes set
forth therein, and for no other purposes or uses whatsoever. The Concessionaire will not
make or permit any use of the Concession Area that, direcdy of indirectly, is forbidden by
law, ordinance or government regulation, or that may be dangerous to life, limb or
property. Concessionaire may not commit (nor permit) waste on the Concession Area,
nor permit the use of the Concession Area for any illegal purposes, nor commit a
nuisance on the Concession Area. In the event that the Concessionaire uses the
Concession Area (or otherwise allows the Concession Area to be used) for any purposes
not expressly permitted herein, or permits and/or allows any prohibited uses as provided
herein, then the City may declare the Concession Agreement in default without notice to
Concessionaire, restrain such improper use by notice of violation, arrest, injunction or
any other available remedy.
40. CITY AGREEMENTS BINDING:
Sale of non-alcoholic beverages on the Concession Area shall be subject to any exclusive
contract that the City executes. The City will notify Concessionaire upon entering into any
such contract.
41. ELECTRICITY:
Concessionaire may make written request to the City Manager to use City electricity for
powering floor fans during the summer months. Summer months are defined as the period
beginning on May 1 and ending on September 30. The City Manager will make electrical
outlets operable upon payment of a flat fee, which fee shall be determined, and may be
adjusted from time to time, in the reasonable judgment and discretion of the City
Manager, for each of the calendar days during the summer months. City electrical outlets
will be restricted to powering floor fans only. Using the electrical outlets for powering
lights, menu board lighting, and any other electrical device is strictly prohibited.
Concessionaires violating this restriction will have the electrical boxes deactivated and
forfeit any monies paid for electrical use. Fans must be UL approved for outdoor use.
Extension cords are not allowed.
In no event, however, shall the City be liable, whether to Concessionaire and/or any third
parties, for an interruption or failure in the supply electricity services approved for the
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Concession Area.
PERMITTED CONCESSION FRONTAGE: REQUESTS FOR EXPANSIONS
42. PERMITTED CONCESSION FRONTAGE:
Concessions are restricted to the sidewalk frontage of the restaurant to which the
Concession Agreement is issued or, if the restaurant Is an ancillary and/or secondary use
to another type of business establishment, the Concession shall be restricted to the
sidewalk frontage of the building (or portion thereof) of the "primary" business
establishment (within which the restaurant is located). Only a restaurant whose premises
are on a ground floor adjacent to and fronting the sidewalk may be awarded a Concession
Agreement. Concessions may be extended Into a loading zone fronting a restaurant as
provided in section 47 below.
43. REQUESTS FOR EXPANSION:
A Concession, upon prior written request by the Concessionaire to the City Manager, may
be permitted, at the sole discretion of the City Manager, to extend by a maximum total of
50 feet in the right-of-way on one side and/or the other side of the Concession Area (of
the business establishment where the restaurant is located); the Concessionaire shall
make written application to the City Manager setting forth the reason(s) for the proposed
expansion and provide a Site Plan showing the proposed expansion. All requests for
expansions pursuant to this section shall be reviewed by the City Manager on a case -by -
case basis. In reviewing such requests, the city manager, in making their determination to
approve or deny, shall perform and consider the following:
A. Pedestrian access.
B. Visibility of the front of the adjacent owner's business.
C. Obstructions.
D. Accessibility to the adjacent owners business by patrons.
E. The City Manager may solicit input from businesses and property owners on the
some block including, without limitation, the immediately adjacent (i.e., next door)
business and property owners.
F. The City Manager shall provide written notice to the adjacent business
establishment (tenant) and property owner on to whose frontage the Concession
proposes to expand. The notification shall include the following information: the
name and address of the Concessionaire requesting the expansion; the
approximate location and size of the area requested; and the name and address
of the city official and/or employee to forward comments to, and the time period
within which to forward said comments (which time period shall be no less than 14
days). Said notice shall be sent, as to the adjacent business establishment
(tenant), to the name and address on file with the City for the establishment's
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occupational license and, for the property owner, to the name and address
identified in the records of the Miami -Dade County Property Tax Appraiser's
Officer. Any objections not submitted and received by the City within the date
provided in the notice shall be deemed waived.
G. The city manager may also consider any history of violations and/or warnings
issued to the Concessionaire.
44. ADDITIONAL FEE:
In the event of approval by the City Manager to expand a Concession Area, the additional
square footage will be computed into the new Concession Fee and Monitoring Fee.
45. NEW ADJACENT CONCESSIONAIRE:
Notwithstanding the City Managers approval of a Concession expansion, in the event that
the .adjacent business, establishment and/or property owner (on to which a Concession
has expanded) subsequently elects to request a Concession Agreement to operate a
Concession in front of its premises, that new proposed Concessionaire shall provide the
City Manager with notice of such intent stating the proposed Concessionaire's name; the
property address; the name of the business establishment and/or the restaurant (of which
the proposed Concession will be a part); and the anticipated opening date. The City will
provide the business establishment (tenant) and property owner which is currently
expanding into the proposed Concessionaire's frontage with a courtesy copy of the notice.
Following receipt of said written notice by the City, and provided that the new proposed`
Concessionaire enters into a Concession Agreement, as well as any other required
permits and/or licenses for operation of the business establishment and/or restaurant
associated with the proposed new Conoession, then the City Manager's prior consent for
expansion shall terminate, and the City shall provide written notice to the adjacent
Concessionaire, advising it of such termination, and providing a termination date therefore.
The City's notice shall. provide the adjacent property owner with at least seven calendar
days' notice prior to the effective date of termination of the expansion. Upon the
termination date of the Citys consent to expansion, the Concession Agreement, Site Plan,
and Concession Fee and Monitoring Fee will be adjusted accordingly.
46. LINCOLN ROAD EXPANSION:
In the case of Concessions on Lincoln Road, an expansion of a Concession Area across
the centeriine of Lincoln Road Mall may also be allowed. The Concessionaire shall make
written application to the City Manager setting forth the reason for the proposed expansion
and provide a Site Plan showing the proposed expansion. Requests for expansions
pursuant to this section may be reviewed by the City Manager, at the City Manager's sole
discretion, on a case -by -case basis. In reviewing such requests, the City Manager may
consider the following illustrative considerations, such as whether.
A. The Concessionaire would otherwise be significantly deprived of the. use of the
right-of-way for which the Concession Agreement is sought;
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B. There are special circumstances and conditions that exist, which were not self-
created by the Concessionaire, and are peculiar to that portion of the right-of-way,
and are not generally applicable to other rights -of -way in the immediate area;
C. The granting of the expansion is the minimum that will allow the Concessionaire's
reasonable use of the area for its Concession operations; and
D. The granting of the expansion will not significantly impair the ability of pedestrians
on that particular portion of Lincoln Road Mall to walk comfortably from one side
of the mail to the other.
E. In the event of approval by the city manager to expand a Concession Area
pursuant to this section, the additional square footage will be computed into the
new Concession Fee and Monitoring Fee.
47. LOADING ZONE EXPANSION:
Loading zones in front of a ground floor restaurant use with sidewalk frontage and a
Concession Agreement may be used as part of an expanded Concession Area when the
street on which the loading zone is located Is dosed to traffic, provided that the loading
zone is within a street area that is regularly dosed to traffic during certain days or hours,
a minimum of five days each week. All platforms, tables and chairs in the loading zone
shall. be removed at the dose of business each night. Use of a loading zone will require
the prior written approval of the City Manager, which approval, if given at all, shall be at
the sole discretion of the City Manager. Such approval, including the adjustment to the
Concession Fee and Monitoring Fee, would be memorialized as an amendment to _the
Concession Agreement. Additionally, the City Manager or City Manager's designee, at
his or her sole discretion, may suspend or revoke the approval for use of a loading zone.
GENERAL SITE PROVISIONS
48. CLOSURE DURING HIGH IMPACT PERIODS:
The City Manager may, upon declaration of a high impact period, order the Immediate
suspension and closure of all or part of the Concession operations including, without
limitation, the removal of all or any Concession Facilities. This closure shall not exceed a
period of 72 hours or the end of the High Impact Period, whichever occurs last.
49. CLOSURE DURING MAJOR WEATHER EVENTS:
Upon written and/or verbal notification by the City Manager of a hurricane or other major
weather event, or the issuance of a hurricane warning by Miami -Dade County, whichever
occurs first, Concessionaire shall, within no more than four hours of notice, remove and
place indoors all Concession Facilities located on the Concession Area. The notification
by the City Manager of a hurricane or other major weather event, or the issuance of a
hurricane warning, shall constitute a public health, safety or welfare concern, as
referenced In section B(B). The City Manager may remove, relocate, and/or store any
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Concession Facilities found on the Concession Area that has otherwise not been removed
by Concessionaire pursuant to this subsection. Any and all costs incurred by the City for
removal, relocation and/or storage of Concession Facilities shall be the responsibility of
the Concessionaire. Concession Areas will not re -open for business following a hurricane
or other major weather event until notified by the City Manager. Violation of this subsection
shall result in the suspension, for up to 30 days, of the Concession privileges under the
Concession Agreement
50. INTERFERENCE AND OBSTRUCTION:
Concessionaire shall not interfere with patrons of adjoining Concession Areas, or limit their
free, unobstructed passageway as required in this Agreement. The Concessionaire shall
take any and all actions to assure that Its use of the Concession Area in no way interferes
with pedestrians utilizing the right-of-way and in no way limits their free, unobstructed
passage thereto.
51. CONCESSION PLACEMENT:
Concessions shall be located in such a manner that a distance of not less than five feet is
maintained at all times as a clear and unobstructed five-foot pedestrian path around public
amenities and areas such as, by way of example, fountains, landscaped areas (excluding
City planters), and seating/shade structures. A five- foot pedestrian path shall also be
required and established where the City Manager, in his or her sole judgment and
discretion, determines that the operation of a Concession inhibits pedestrian access to an
adjacent business establishment or adversely affects the visibility of an adjacent
storefront. Notwithstanding the preceding, the City Manager, in the City Managees sole
judgment and discretion, and on a case -by -case basis, may approve and allow for a
pedestrian path of less than five feet where a Concessionaire's Concession operation
would be significantly impacted. In considering such cases, and in determining whether
Concessionaire is "significantly impacted," the City Manager may, in his or her sole
discretion, consider the following illustrative criteria:
A. The Concessionaire would otherwise be significantly deprived of the use of the
Concession Area that istwould be the subject of the Concession Agreement;
B. There are special circumstances and conditions that exist, which were not self-
created by the Concessionaire, and are peculiar to that portion of the Concession
Area, and are not generally applicable to other Concession Areas in the immediate
area;
C. The granting of the expanded area is the minimum that will allow Concessionaire
reasonable use of the area for its Concession operations; and
D. The granting of the expanded area will not significantly impair the ability of
pedestrians on that particular portion of the right-of-way to walk comfortably from
one side of the right-of-way to the other.
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E. No tables, chairs, umbrellas, or other Concession Facility shall be permitted within
ten feet of a bus bend and/or bus shelter. A distance of five feet shall be
maintained from taxi stands, fire hydrants, bike racks, directory signage/kiosks,
and/or other similar public street furniture and/or fixtures.
F. No tables, chairs, umbrellas or other Concession furniture shall be permitted within
five feet of an alley, pedestrian crosswalk, or comer curb cut.
G. The pedestrian path for Lincoln Road shall be a 12-foot clear path for emergency
and maintenance vehicles. The exact location of the path on each block shall be
determined by the City Manager, in the City Manager's reasonable judgment and
discretion, and shall be incorporated Into the Concession site plan map of Lincoln
Road.
52. ACCESSIBILITY:
Concessionaire shall comply with all applicable accessibility odes, including the
Americans with Disabilities Act (ADA) and state code provisions addressing accessibility
for building construction.
53. NO BARRIERS:
No object shall be permitted around the perimeter of an area occupied by tables and chairs
which would have the effect of forming a physical or visual barrier, discouraging the use
of the tables and chairs by thepublic or, in the case of Lincoln Road, which would have
the effect of obstructing the pedestrian path or public access between the north and south
sides of Lincoln Road.
54. MAINTENANCE:
The Concessionaire is responsible for maintaining the Concession Area, the Concession
Facilities, sidewalk, and street immediately adjacent to the restaurant in a clean, neat, and
orderly appearance at all times. The area of the sidewalk, curb and gutter immediately
adjacent to the Concession shall be cleared of all debris during hours of operation, and
again at the close of each business day, or as may otherwise be determined by the City
Manager. The Concessionaire shall be responsible for pressure cleaning the floor surface
on which the Concession is located at the close of each business day. The City shall
pressure wash the right-of-way from time to time in accordance with such schedule as
shall be established in the reasonable judgment and discretion of the City Manager. In
establishing said schedule, the City Manager shall use reasonable efforts to assure that
the City's pressure cleaning of the public right-of-way occurs at such times as will cause
the least disruption to Concession operations.
55. APPEARANCE:
Tables, chairs, umbrellas, and any other Concession Facility shall be maintained in a
clean, attractive, and orderly appearance, and shall be maintained and kept in good repair
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at all times.
56. QUALITY OF CONCESSION FACILITIES:
All Concession Facilities shall be of high quality, design, materials, and workmanship so
as to ensure safety and convenience to the public.
57. SITE PLAN ADHERANCE:
Only the Concession Facilities specifically shown on the approved site plan shall be
permitted on the Concession Area. A copy of the Approved Site Plan shall be maintained
on the premises of the business establishment/restaurant with the Concession, and shall
be available for inspection by city personnel at all times.
58. UMBRELLAS:
Umbrellas shall be fire -retardant, pressure -treated or manufactured of fire-resistant
material. No portion of an umbrella shall be less than six feet eight inches above the
right-of-way. Two or more umbrellas may not be clipped, zipped or otherwise fastened
together in order to form a tent -like structure. Clear plastics or other materials may not
be fastened, rolled 'or otherwise be attached to umbrella edges in order to create an
enclosure.
A. Notwithstanding the provision of the foregoing section, and subject to the City's
Planning Department review and approval, the following provisions shall apply to
Concessions located on the west sidewalk on Ocean Drive, between 51' Street and
151' Street:
I. A maximum of three umbrellas may be zipped together; ,
ii. main gutters may be installed between zipped umbrellas; and
Ill. Colorless and transparent roll -down tarps may be permitted to be attached
to umbrellas. provided that the tarps are only utilized during periods of
strong wind or rainfall. Within one hour of the cessation of such wind and/or
rainfall, the roll -down tarp shall be removed from the umbrellalawning
system and stored on private property.
59. NO PHYSICAL ATTACHMENTS:
All tables, chairs, umbrellas, and any other Concession Facility shall be readily
removable, and shall not be physically attached, chained, or in any other manner affixed
to any public structure, street furniture, signage, and/or other public fixture, or to a curb
and/or public right-of-way.
A. Notwithstanding the provisions of section above, on the west sidewalk on Ocean
Drive, between 5th Street and 15th Street, umbrellas may be affixed to the
sidewalk with an In -ground mount system that is flush with the sidewalk or with
a bolted metal plate not to exceed nine inches by nine inches in size. A detailed
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engineering design, and a structural analysis of either the mount system or metal
plate, shall be submitted to the City's Department of Public Works for review
and approval. If permitted, such mount system or metal plate must be easily
removable (as determined by the City) to provide a smooth ADA-compatible
surface when the mount system or metal plate is removed. In the event that the
Concession Agreement expires or is terminated, the umbrellas and entire mount
system or metal plates shall be removed and a standard concrete sidewalk shall
be re -Installed, subject to the review and approval of the City's Department of
Public Works and to a condition that is acceptable to the City.
60. NO STACKING OF CHAIRS:
Concessionaire shall not stock or pile up chairs on the right-of-way, except, where allowed
by the Concession Agreement, on Lincoln Road.
61. STORAGE OF CONCESSION FACILITIES:
Concession Facilities including, without limitation, rolling service stations, service carts,
and bussing stations, may only be maintained in the Concession Area during hours of
operation; provided however, that planters that are permitted pursuant to these Terms
and Conditions, and which cannot be readily removed, may remain within the
Concession Area. Please see Section 65 for further restrictions relating to the Lincoln
Road Mall. Notwithstanding the foregoing, tables, chairs and umbrellas may remain on the
Concession Area after-hours. Concessionaire shall neatly stack and/or secure all tables
and chairs (and dose -up all umbrellas) which remain in the Concession Area at the dose
of business each day, in order to prohibit the unauthorized use of such Concession
furniture during non -business hours.
A. Notwithstanding anything contained in this section, the City Manager may require
a Concessionaire to store its tables, chairs and/or umbrellas off of the public right-
of-way if, in the City Manager's sole judgment and discretion, the City Manager
determines that the Concession Area and immediately adjacent public right-of-
way are not being adequately maintained in accordance with the Concession
Agreement.
62. STORAGE OF CONCESSION EQUIPMENT:
During non -business hours, storage of dishes, silverware or other similar Concession
equipment is not allowed in the Concession Area, in any other portion of the public right-
of-way, or outside the structural confines of the building in which the restaurant is located.
63. SIGNAGE:
The Concessionaire shall not permit the painting and display of any signs, plaques,
lettering or advertising material of any kind on or near the Concession Area without first
having obtained the prior written consent of the testy Manager, except the restaurant name
and/or its logo may be permitted on umbrellas but such logos and/or lettering may not
exceed six inches in height.
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64. PLANTERS:
The City Manager may permit the use of planters manufactured of terra-cotta or polymer
materials with the number and size to be reviewed by the City Manager prior to placing on
the Concession Area. Placement of planters within the Concession Area shall be five (5)
feet apart or greater. It shall be the Concessionaire's responsibility to immediately remove
planters upon written and/or verbal notice from the City Manager, in case of emergency
or other circumstances, as provided in this division. Maximum size of planters shall not
exceed the following:
A. Rectangular planters: 30 inches long, by 15 inches wide by 20 inches high
B. Round planters: 24 inches diameter by 24 inches high.
C. Planters 20 inches or -higher shall be on rollers or on rolling bases.
D. The combination of planters and plant height should not exceed a table height or
34 inches.
Plants shall be property maintained. Distressed plants shall be promptly replaced. Plant
fertilizers which contain material that can stain the sidewalks shall not be allowed. Water
drainage from any plants onto the sidewalk shall not be allowed. Potted plants shall have
saucers or other suitable systems to retain seepage. All approved planters shall be
Included in the approved Site Plan.
65. LINCOLN ROAD SPECIFIC CONDITIONS:
A. Concessionaire and Concession Facilities shall not Interfere with patrons of other
Concession Areas, or limit their free, unobstructed 12 feet passageway.
B. Concessionaire and Concession Facilities shall not have rolling service stations,
service carts, and bussing stations placed within five feet of the walls, columns, or
posts of the Lapidus Structures, City planters, or in front of other storefronts and/or
business establishments.
C. Tables, chairs and closed -up umbrellas may only remain on the right-of-way (within
the Concession Area) as long as they are placed in an orderly manner.
66. ALTON ROAD GATEWAY AREA DEVELOPMENT CLEAR PEDESTRIAN PATH:
A. Concessionaire and Concession Facilities shall not interfere with patrons of other
Concession Areas, or limit their free, unobstructed 10-foot passageway except along the
portions of West Avenue, Alton Road, and 5th Street/MacArthur Causeway south of 6th
Street, where it shall be a minimum of five feet wide. The clear pedestrian path may be
reduced by up to five feet for the sole purpose of accommodating the trunk diameter of
canopy street trees when adjacent to a building.
67. SECURITY:
Concessionaire may, at its sole discretion and sole cost and expense, provide security for
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the Concession Area. Concessionaire may provide security personnel during operating
hours. City shall have no liability to Concessionaire for any personal injury, damage or
loss of personal property, fixtures, equipment, or other property arising from theft or
vandalism, or other act or omission of any person or entity upon the Concession Area.
68. PROHIBITED ITEMS:
No food preparation, food storage, expanded polystyrene food service articles, single -use
plastic beverage straws, single -use plastic stirrers, refrigeration apparatus or equipment,
or fire apparatus or equipment, shall be allowed on the Concession Area or the right-of-
way. In addition, expanded polystyrene food service articles, single -use plastic beverage
straws, and single -use plastic stirrers shall not be provided to Concessionaire's patrons.
Exception. The provisions in this section shall not restrict a Concessionaire from providing
a beverage with, or offering the use of, a'single-use plastic beverage straw or single -use
plastic stirrer to an individual with a disability or medical condition that impairs the
consumption of beverages without a single -use plastic beverage straw or single -use
plastic stirrer.
69. NO PLASTIC BAGS:
Single -use carry out plastic bags shall not be allowed on the Concession Area or the right-
of-way and shall not be provided to Concessionaire's patrons.
70. NO FOOD ANQQR BEVERAGE DISPLAY(S):
No food and/or beverage display(s) shall be permitted in any Concession Area and/or on
the right-of-way, nor shall any food and/or beverage display(s) be maintained within the
restaurant/business establishment's premises in such a way that the placement of such
display(s) is/are dearly visible from the Concession Area and/or the right-of-way.
71. MENU BOARDS:
Menu board means a board allowing for the posting of a restaurant's complete menu, and
fabricated in such a manner so as not to constitute a form of general advertising or
establishment identification. The location, size, design, materials, and color of the menu
board shall be approved by the City Manager and shown on the Concession site plan.
Menu boards shall be no larger than six square feet; may not be internally illuminated; and
the top of the board shall not. exceed five feet, six inches from grade. The menu board
shall not be a sandwich board sign (as Concessionaire may not erect any permanent
Improvements or place temporary improvements or other Concession Facilities on the
Concession Area without the City Manager's consent. One menu board shall be permitted
per Concession Area for every 50 feet of frontage. Na food or drink special(s) may be
displayed, disclosed, or posted on any menu board or sandwich board sign. Specials
board(s) are prohibited in all Concession Areas and any other portion of the public right-
of-way. Food or drink menu special(s) shall not be displayed, disclosed, posted or
permitted to remain in any Concession Area and/or the public right-of-way, except at a
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table presently occupied by a patron; nor shall any food or drink menu special(s) be
displayed, disclosed or posted within the restaurent/business establishments premises in
such a way that the placement of such display, disclosure, or posting is clearly visible from
the Concession Area and/or public right -of- way.
A sandwich board sign means a freestanding, A -frame structure located on a sidewalk
which may be affixed in position or is collapsible and which contains a sign (as defined in
section 114-1 of the City Code). The sandwich board sign shall not be a menu board (as
defined above) or a specials board, which is defined as Specials board means a board
allowing for the posting of a restaurants daily food and/or drink specials.
72. SANITATION:
Concessionaire specifically agrees to operate its concession in compliance with all City
sanitation rules, regulations, and ordinances, and any other applicable law, regulating
sanitation.
ARTICLE III
CONSUMER PROTECTION TERMS AND CONDITIONS
73. OPERATION:
Concessionaire shall designate a competent full-time manager to oversee the day -today
operations, who will act as primary point of contact for the City
74. OFFICERS AND OWNERS:
No corporate officer or owner of Concessionaire in the immediately preceding 12-month
period (each, a "corporate office'), or any person owning, directly or indirectly, ten percent
or more of the Concessionaire business in the preceding 12-month period (each, an
"owner") may have a prior history of four or more code violations relating to the operations
of the Concession Area.
75. QUAU
Concessionaire shall always offer high qualityfood, service, and cleanliness as evidenced
by government inspections, minimal complaints to the City or consumer protection
agencies, and (at a minimum) above -average ratings on online web -based platforms,
social networking sites or online review sites such as Yelp, Google, and/or Trip Advisor.
76. COMPLAINTS:
Concessionaire shall endeavor to operate free from complaints pertaining to the
Concessionaire and/or the business establishment/restaurant. If a complaint is received,
the Concessionaire shall communicate with the complainant to attempt to respond to the
complaint and correct any shortcomings in quality or service at the Concession.
Concessionaire shall never communicate rudely or antagonistically with any complainant.
77. DISCLOSURES:
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A Concession. must display or disclose, in writing, actual prices for food and drink menu
item(s), and display or disclose, in writing, actual prices and accurate terms and conditions
for any food and drink menu special(s). The displayed price for the food or drink menu
Item(s) or food and drink menu special(s) (and, if applicable, the terms and conditions for
any food and drink menu special(s) must be In a size (font) and typeface, which is at least
as large as the name of the menu item. Such prices (and, if applicable, terms and
conditions) must be displayed adjacent to the name, description, photograph, and/or
image of each menu item or menu special. All menu pries must be displayed in numeric
format. A Concession may not charge a price that is greater than the price displayed or
disclosed for any food or drink menu item(s) or food or drink menu special(s). In the event
that a Concession patron makes a unique or special request for a food or drink menu item
not listed on the menu, the Concession must disclose, to the patron, the price of the unique
or specialty requested food or drink menu item, prior to agreeing to prepare the food or
drink menu item. A menu that prominently displays the name of the Concessionaire;
actual prices for food and drink menu items) and for food and drink menu special(s); and,
if applicable, accurate terms and conditions for any*food and drink menu special(s) must
be provided to each sidewalk caf6 patron.
78. APPROVED MENU:
The sample menu approved for use by the Concession Area operator is attached hereto
as Exhibit C. Any changes to the sample menu shall require the approval of the City
Manager and be attached as an exhibit to the Agreement.
79. AUTOMATIC GRATUITIES OR SERVICE CHARGES:
A Concessionaire that automatically includes a gratuity, service charge, minimum charge,
corkage fee, set up fee, sharing fee or charge, or other similar charge, either in the price
of the meal or drink or separately imposed for all items ordered, must display the actual
percentage or amount of each such gratuity, charge, and/or fee on the menu and on the
face of the customer's bill. If the Concessionaire automatically includes gratuity, service
charge, or similar charge, the percentage and actual amount must also be listed on the
document (whether physical or digital) that a customer is required to authorize for a credit
card payment. Additionally, if a space for an additional tip is provided to the customer on
the credit card authorization, it must be labeled °ADDITIONAL TIP° if any gratuity or
service charge was automatically added to the customer's bill. Also, the menu, bill, and
credit card authorization form must state that any automatically added service charge or
gratuity Is suggested only, and may be altered or eliminated by the customer, if they wish
to do so. This disclosure serves to provide the customer notification that an automatic
gratuity, charge, and/or fee is being included by the Concessionaire. The disclosure of
each gratuity, charge, and fee within the menu must not be smaller than 14-point font, and
the disclosure within the bill and/or credit card authorization must not be smaller than 12-
point font. Suggested, automatically added, gratuity or service charges may only be 15%,
18%, and/or 20% of the pre-tax sale amount If a suggested gratuity or service charge is
automatically included, a suggested additional tip or service charge may only be 5% or
less of the pre-tax sale amount.
80. TAXES:
A Concessionaire that includes a gratuity or tip as a charge must separately itemize and
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state the actual amount of this charge on the face of the customers bill and receipt, and
such gratuity or tip must only be calculated based on the pre-tax sale amount of the food
or drinks. Service charges that are not paid directly to the waitstaff, minimum charges,
corkage fees, set up fees, sharing fees or charges, or other similar charges imposed by a
Concessionaire as part of the charges for fumishing, serving, or preparing food products
must be subject to sales tax and surtax. A Concessionaire must state the total combined
percentage and amount of city; county, and state taxes on the face of the customers bill
and receipt, and must label such taxes accurately.
81. HOSPITAUTY TRAINING:
For Concessionaires operating on Ocean Drive, between 5th Street and 15th Street, every
manager and every employee assigned to work in the Concession Area must successfully
complete a hospitality training program. Each new manager and employee will also need
to comply with this requirement. Concessionaire shall (1) maintain records on premises
evidencing compliance with this section; and (0) submit to the City Manager, on an annual
basis, an affidavit, in the form provided by the City, confirming compliance with this section.
82. SALE OF CIGARS AND CIGARETTES:
The safe of cigars and cigarettes in the Concession Area to seated patrons, by a vendor
licensed on the premises with the consent of the restaurant and Concessionaire, is
permitted provided that such sale or transaction shall only occur on such premises, and
not on other city rights -of -way. Any solicitation of passersby or obstruction of the right-of-
way shall be prohibited. Goods and merchandise transported from one location to another
shall be covered and obscured from view. Vendors shall not use flashing lights, signs,
markings, or other devices to call attention to themselves or the goods and merchandise,
and shall not otherwise violate the provisions of section 74-1 of the City Code.
83. WKING:
Concessionaire shall not:
A. solicit any pedestdan(s) located on the sidewalk abutting a Concession Area, or
on the right of way within 20 feet of the outer perimeter of a Concession Area, for
the purpose of inducing such pedestrian to patronize any business establishment
or Concession, or purchase any food, beverage, product, or service, unless the
pedestrian first affirmatively communicates a desire to receive information about
the Concession's food, beverages, products, or services;
B. distribute any commercial handbill(s) (which is defined to mean any handbill,
menu, coupon, flyer, paper, document, circular, folder, booklet, letter, card,
pamphlet, sheet, poster, sticker, banner, notice or other written, printed or painted
matter or object that conveys any information about any good or service provided
by a business) to any pedestrian(s) located on the sidewalk abutting a Concession
Area, or on the right-of-way within 20 feet of the outer perimeter of a Concession
Area, unless the pedestrian first affirmatively communicates a desire to receive
information about the Concessionaire's food, beverages, products, or services;
and/or
C. display any commercial handbills) in such a way that impedes, hinders, delays, or
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obstructs any pedestrian's(s') gait or path of travel.
84. NOISE:
There shall be no live entertainment or speakers placed in the Concession Area unless
expressly permitted as a special event permit, issued by the City's Special Events Permit
Office. Concessionaire shall at all times operate its business in compliance with the City's
noise ordinance.
85. OVERSIZE DRINKS:
Concessionaire voluntarily agrees not to serve or allow the consumption of any beverage
on the public right of way that exceeds 22 ounces in size, except that standard bottles of
unaltered wine up to 750 ml or water or champagne up to 1.5 L may be served at a table
in the Concession area.
86. SMOKING:
Participant voluntarily agrees not to allow smoking of any vapor -generating devices,
including but not limited to hookah smoking, within the Concession Area.
87. UNIFORMS:
Participant voluntarily agrees to require all employees visible to the public to wear a
uniform such as basic black or a logo bearing uniform produced by Concessionaire.
IN WITNESS WHEREOF, the parties hereto have caused their names to be signed as of
the day and year first above written, indicating their agreement.
FOR THE CITY:
CITY OF MIAMI BEACH, FLORIDA
By:
CITY MANAGER
Print Name
FOR CITY:
APPROVED AS TO FORM:
By:
City Attorney Date
FOR CONCESSIONAIRE:
By:
Name and Title of Signatory
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TGJ- nt,ATS
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City omey ate