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Resolution 2023-32612RESOLUTION NO.' 2023-32612 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RESCINDING RESOLUTION NO. 2023-32586, WHICH AUTHORIZED THE ADMINISTRATION TO NEGOTIATE A PROPOSED NON -BINDING TERM SHEET WITH CITY'S EXISTING BEACHFRONT CONCESSIONAIRE WITH RESPECT TO THE POTENTIAL MANAGEMENT OR OPERATION OF THE PROPERTY LOCATED AT 1 OCEAN DRIVE AND ADJACENT CONCESSION AREA (THE "PROPERTY"), TO BE EFFECTIVE AFTER THE EXPIRATION OF THE EXISTING LEASE AND CONCESSION AGREEMENT WITH PENROD BROTHERS, INC.; AND DIRECTING THE ADMINISTRATION TO PREPARE AND ISSUE A REQUEST FOR PROPOSALS (RFP) FOR THE MANAGEMENT OR OPERATION OF A HIGH END BEACH ESTABLISHMENT AND ANCILLARY USES ON THE PROPERTY AND ADJACENT CONCESSION AREA, IN ACCORDANCE WITH THE REQUIREMENTS SET FORTH IN THIS RESOLUTION. WHEREAS, on October 2, 1985, the Mayor and City Commission adopted Resolution No. 85-18223, approving a Lease between the City and Penrod Brothers, Inc. ("Penrod"), dated November 7, 1985 (the "Lease"), as amended by Amendments No. 1-3 thereof, for the development, construction, management and operation of a restaurant facility at 1 Ocean Drive; said Lease having an initial term of twenty (20) years, with two (2) ten-year renewal terms, at Penrod's option, currently set to expire on May 6, 2026; and WHEREAS, on October 2, 1985, the Mayor and City Commission also adopted Resolution No.85-18222, approving a Concession Agreement, dated November 7, 1985, between the City and Penrod ("1985 Concession Agreement") for the rental of beach equipment, water recreation equipment and food and beverage service at various locations in the vicinity of the leased property, which agreement was amended several times until its expiration in 2003; and WHEREAS, on February 25, 2004, the Mayor and City Commission waived the City's competitive bidding requirements and approved a bid waiver in favor of Penrod via Resolution No. 2004-25506, approving a new Concession Agreement between the City and Penrod for the management and operation of a concession in an area generally located east of the existing building and parking lot, providing for a minimum annual payment of 6.5% of Penrod's gross receipts, with an initial term commencing on October 1, 2003 and expiring on May 6, 2006, and an option to renew to run concurrent with the term of the Lease, which Concession Agreement is set to expire on May 6, 2026; and WHEREAS, on October 26, 2022, at the request of Commissioner Ricky Arriola, the Mayor and City Commission approved the referral of Item C4 L to the Finance and Economic Resiliency Committee ("FERC" or the "Committee") to discuss the upcoming expiration date of Penrod's Lease and Concession Agreement; and WHEREAS, on January 27, 2023, the item was discussed at FERC and the Committee directed the City Administration to undertake the following actions and return to the March 31, 2023 FERC meeting: (1) engage community partners who possess a proven track record and reputable operators; (2) obtain two (2) appraisals for the property; (3) conduct a facility conditions assessment of the property; and (4) meet with neighborhood association(s) and provide a vision plan based on suggestions from the area residents; and WHEREAS, on April 28, 2023, following a unanimous recommendation by the Finance and Economic Resiliency Committee, the Mayor and Commission adopted Resolution No. 2023-32586, authorizing the Administration to negotiate a proposed'non-binding term sheet with the Boucher Brothers Miami Beach, LLC with respect to the potential management or operation of the property located at 1 Ocean Drive, to be effective after the existing Lease and Concession Agreement with Penrod has expired (May 6, 2026); and WHEREAS, since the April 28, 2023 City Commission meeting, the Sponsor of this Resolution, Commissioner David Richardson,. learned that the Penrod's current concession agreement was approved in 2004 as a bid waiver, and that Penrod has been operating the concession area on the- Property without any competitive process for nearly twenty (20) years; and WHEREAS, based on the foregoing, Commissioner Richardson has sponsored this Resolution, to rescind Resolution No. 2023-32586, and finally provide for a competitive process with respect to the future use of the Property, after the expiration of the Penrod's current twenty- year bid waiver for the use of the entire concession area adjacent to the Property; and WHEREAS, to the extent this Resolution involves a motion for reconsideration of the City Commission's April 28, 2023 vote, the Sponsor of this Resolution, having voted in favor of Resolution No. .2023-32586, was on the prevailing side and may therefore properly present a motion for reconsideration thereof, in accordance. with the City Commission's procedural rules; and WHEREAS, as part of this Resolution, the Mayor and City Commission further desire to direct the Administration to prepare and issue a Request for Proposals for the management or operation of a high end beach establishment and ancillary uses on the Property and the related concession area, in accordance with the requirements set forth herein, as follows: • The RFP shall seek proposals for the management or operation of a high end beach establishment and ancillary uses on the Property, including the boundaries of the concession area currently approved pursuant to Resolution No. 2004- 25506; • The RFP shall include minimum requirements to ensure the property is managed by a qualified operator, including a requirement that proposers have at least five (5) years experience managing or operating a beach establishment, beachfront concession or similar concession; The RFP shall allow proposers to submit up to two (2) proposal alternates that are independent of each other, to provide proposers and the City with flexibility to consider alternative concepts or approaches for the use of the entire Property and related concession and parking areas currently allocated to the Property, as well as the financial and other terms for either a lease agreement, a concession agreement, or a combination thereof (similar to the lease/concession arrangement currently in place); The term of the Agreement awarded pursuant to the RFP shall commence after the expiration of the existing Lease and Concession Agreement, for a period not- to -exceed thirty (30) years; • In view of the importance of the Property to the City, the RFP shall require all proposers to participate in a mandatory pre -bid conference; The RFP shall include, at a minimum, evaluation criteria and/or consideration of the following factors: (i) the scope of services and concept for the use of the Property, including the proposer's approach for the maximum utilization of the Property and compatibility with the surrounding neighborhood; (ii) experience of the proposer and the proposer's team members; (iii) qualifications, including financial capability of the proposer; (iv) past performance of proposers, including consideration of performance under City of Miami Beach contracts, if any; (v) revenue proposal and financial terms; and (vi) additional public benefits; The RFP shall specify that the final negotiated agreement with the successful proposer for the use of the property after the expiration of the existing agreements shall comply with all applicable requirements for final approval of either a lease or concession agreement under the City Code, City Charter, and Miami -Dade County Charter, as applicable; The Administration shall issue the RFP not later than June 15, 2023, with a deadline for submission of proposals not later than August 15, 2023, with the Evaluation Committee to thereafter be convened with sufficient time for the City Manager to review the deliberations of the Evaluation Committee and make a recommendation for award of the RFP at the September 13, 2023 City Commission meeting; • On the recommendation of the Administration, the foregoing RFP schedule may be extended by up to a total of 15 days, if additional time is required for completion of the Facility Condition Assessment Report for the property or other supplemental information; and The RFP shall be subject to all procurement -related requirements of the City Code, including, without limitation, the City's Cone of Silence. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby rescind Resolution No. 2023-32586, which authorized the Administration to negotiate a proposed non -binding term sheet with City's existing beachfront concessionaire with respect to the potential management or operation of the property located at 1 Ocean Drive and adjacent concession area (the "Property"), to be effective after the expiration of the existing Lease and Concession Agreement with Penrod Brothers, Inc.; and direct the Administration to prepare and issue a Request for Proposals (RFP) for the management or operation of a high end beach establishment and ancillary uses on the Property and adjacent concession area, in accordance with the requirements set forth in this Resolution. PASSED AND ADOPTED this 7,f--k day of 2023. ATTEST: / ael E. Granado, �CityClerk REGIS BARBOU MAY 19 2023 ORATED* Dan Gelber, Mayor APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION S-- i9 -Z3 City Attomey ?A-7— D e Resolutions - C7 O MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and. Members of the City Commission FROM: Rafael A. Paz, City Attorney DATE: May 17, 2023 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RESCINDING RESOLUTION NO. 2023- 32586, WHICH AUTHORIZED THE ADMINISTRATION TO NEGOTIATE A PROPOSED NON -BINDING TERM SHEET WITH CITYS EXISTING BEACHFRONT CONCESSIONAIRE WITH RESPECT TO THE POTENTIAL MANAGEMENT OR OPERATION OF THE PROPERTY LOCATED AT 1 OCEAN DRIVE AND ADJACENT CONCESSION AREA (THE "PROPERTY), TO BE EFFECTIVE AFTER THE EXPIRATION OF THE EXISTING LEASE AND CONCESSION AGREEMENT WITH PENROD BROTHERS, INC.; AND DIRECTING THE ADMINISTRATION TO PREPARE AND ISSUE A REQUEST FOR PROPOSALS (RFP) FOR THE MANAGEMENT OR OPERATION OF A HIGH END BEACH ESTABLISHMENT AND ANCILLARY USES ON THE PROPERTY AND ADJACENT CONCESSION AREA, IN ACCORDANCE WITH THE REQUIREMENTS SET FORTH IN THIS RESOLUTION. ANALYSIS Pursuant to the request of Commissioner David Richardson, the above -referenced Resolution is submitted for consideration by the Mayor and City Commission at the May 17, 2023 Commission meeting. SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION N/A Is this a "Residents Right to Know" item. pumuant to Cry Code Section 2-14? Yes lKT-17I.M47w1.! Does this item utilize G.O. Bond Funds? IE Page 354 of 945 Office of the City Attorney Sponsor Commissioner David Richardson ATTACHMENTS: Description o Resolution Page 355 of 945