2001-24256 RESO
RESOLUTION NO: 2001-24256
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE ADMINISTRATION TO ISSUE A
REQUEST FOR PROPOSALS (RFP) FOR THE
MANAGEMENT AND OPERATION OF BEACHFRONT
CONCESSIONS ON THE BEACHES SEAWARD OF
LUMMUS PARK, OCEAN TERRACE AND NORTH SHORE
OPEN SPACE PARK, MIAMI BEACH, FLORIDA
WHEREAS, on October 2, 1985, the Mayor and City Commission adopted Resolution
No. 85-18222, approving a Concession Agreement, dated November 7,1985, between the City and
Pemod Brothers for the rental of beach equipment, water recreation equipment and food and
beverage service at Pier Park, Oceanfront Park, and Lummus Park; and
WHEREAS, on July 23, 1986, the Mayor and City Commission adopted Resolution
No. 86-18539-A, approving Amendment No.1 to the Concession Agreement, dated August 13,
1986; and
WHEREAS, on September 3,1986, the Mayor and City Commission adopted Resolution
No. 85-18571, approving Amendment No.2 to the Concession Agreement, dated September 4,
1986; and
WHEREAS, on April 20, 1988, the Mayor and City Commission adopted Resolution
No. 85-19223, approving Amendment No.3 to the Concession Agreement, dated April 22,
1988; and
WHEREAS, said Concession Agreement, as amended, was scheduled to expIre on
November 4, 2000; and
WHEREAS, on May 10, 2000, the Administration recommended, and the Mayor and City
Commission concurred, that the issuance of a new Request for Proposals (RFP) for the future
operation and management of beach front concessions be referred to a Joint Meeting of the Land Use
and Development Committee and Finance/Citywide Projects Committee; and
WHEREAS, on September 21, 2000, at the Joint Meeting of the Land Use and Development
Committee and Finance/Citywide Projects Committee it was recommended that the Administration
negotiate a one year extension with Penrod Brothers while the proposed Rules and Regulations for
Beachfront Concession Operations are being considered by the State of Florida, community
meetings with interested parties are held, and a new RFP is finalized; and
WHEREAS, the Land Use and Development Committee and Finance/Citywide Projects
Committee further recommended that, as part of the negotiations, consideration be given to adopting
a revenue sharing formula which would provide additional income to the City, and the possible
inclusion of a Pilot Concession Program to establish the feasibility of servicing the beaches east of
North Shore Open Space Park and Ocean Terrace; and
WHEREAS, on October 18, 2000, the Mayor and City Commission approved Amendment
No.4 to the Concession Agreement, including provisions for a one year extension, beginning on
November 5, 2000, and ending on November 4, 2001; an increase to the City's revenue from 10%
of gross revenues, to 15% of gross revenues; an increase to the rates permitted for the rental of
lounge chairs from $5.00 per chair, to a maximum of$10 per chair, from November 2000 through
May 2001; and the addition of a Pilot Beach Concession Program to service the beaches east of
North Shore Open Space Park and Ocean Terrace; and
WHEREAS, the Administration met with and sought input from the Marine Authority,
South Pointe Advisory Board, Ocean Drive Association, and Beach Preservation Committee, and
incorporated tehir recommendations, as appropriate, in the proposed RFP.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH that the Mayor and City Commission
authorize the Administration to issue a Request for Proposals for the management and operation of
beachfront concessions on the beaches seaward of Lummus Park, Ocean Terrace and North Shore
Open Space Park, Miami Beach, Florida.
PASSED AND ADOPTED THIS 21st day of February, 2001.
Attest:
_~rfM-~
CITY CLERK
1#lAYOR
JMG:CMC:JD:rlr
T;\AGENDA \2001 \FEB21 01 IREGULARIBEACHRFP.RES 2/8101
APPROVED AS TO
FORM & LANGUAGE
. FOR EXECUTION
")... - 0) '-() (
Dale
Exhibit A
SECTION II - SCOPE OF SERVICES
The City of Miami Beach is seeking proposals for the management and operation of beachfront
concessions on the foUowing beach areas (individuaUy referred to as the Concession Area or,
collectively, the Concession Areas):
Lummus Park
The Concession Area is limited to the beach area bounded on the south by the northern most
line of the 5th Street right-of-way; bounded on the north by the southern most line of the
14th Lane right-of-way; bounded on the west by a line 50 feet east from the easternmost edge
of the Dune; and bounded on the east by a line 60 feet west of the Mean High Water Line
(MHWL). The Concession Area does not include those portions of the beach located east
of the respective street ends beginning and inclusive of 5th Street, through and inclusive of
14th Lane along Ocean Drive. The easterly extension of these street rights-of-way onto the
beach area shall be established using the recommended methodology of extending the
respective northern and southern boundaries of these rights-of-way seaward to the Erosion
Control Line (ECL), and then proceeding seaward perpendicular to the ECL until reaching
the shoreline.
Ocean Terrace
The Concession Area is limited to the beach area bounded on the south by the northern most
line of the 73rd Street right-of-way; bounded on the north by the southern most line of the
75th Street right-of-way; bounded on the west by a line 50 feet east from the easternmost
edge ofthe Dune; and bounded on the east by a line 60 feet west of the Mean High Water
Line (MHWL). The Concession Area does not include those portions of the beach located
east of the respective street ends beginning and inclusive of 73rd Street, through and
inclusive of75th Street along Ocean Terrace. The easterly extension of these street rights-of-
way onto the beach area shaU be established using the recommended methodology of
extending the respective northern and southern boundaries of these rights-of-way seaward
to the Erosion Control Line (ECL), and then proceeding seaward perpendicular to the ECL
until reaching the shoreline.
North Shore Open Space Park
The Concession Area is limited to the beach area bounded on the south by the northern most
line of the 79th Street right-of-way; bounded on the north by the southern most line of the
87th Street right-of-way; bounded on the west by a line 50 feet east from the easternmost
edge of the Dune; and bounded on the east by a line 60 feet west ofthe Mean High Water
Line (MHWL). The Concession Area does not include those portions of the beach located
east of the respective street ends beginning and inclusive of 79th Street, through and
inclusive of 87th Street along Collins Avenue. The easterly extension of these street rights-
of-way onto the beach area shaU be established using the recommended methodology of
extending the respective northern and southern boundaries of these rights-of-way seaward
RFP NO. _-00/01
DATE: February 21, 2001
CITY OF MIAMI BEACH
Page 11 of 44
to the Erosion Control Line (ECL), and then proceeding seaward perpendicular to the ECL
until reaching the shoreline.
The Proposer will be authorized to conduct the kind of businesses and to provide the kind of services
in the Concession Areas, in accordance with the terms of a Concession Agreement to be negotiated
between the City and the successful Proposer, and in accordance with the City of Miami Beach Rules
and Regulations for Beachfront Concession Operations; all at its sole cost and expense. The
businesses and services to be provided by the Proposer include:
1) Rental of lounge chairs, chair pads, and umbrellas within the Concession Areas. The
design, materials, and color of any and all lounge chairs, chair pads, and umbrella
must be approved in writing by the City and shall be made a part of and incorporated
as an exhibit to the Concession Agreement,
2) Food and beverage service within the Concession Areas. The specific list offoods
and beverages to be provided by Concessionaire must be approved in writing by the
City and shall be made a part of and incorporated as an exhibit to the Concession
i\greernent, and
3) Facilities to dispense services within the Concession Areas. Any and all facilities
proposed to be used by Concessionaire within the Concession Areas must be
approved in writing by the City and shall be made a part of and incorporated as an
exhibit to the Concession Agreement.
Any equipment or facilities required to effectively and efficiently manage and operate the concession
operation shall be furnished and maintained by the Concessionaire, at its sole cost and expense.
RFP NO. _-00/01
DATE: February 21, 2001
CITY OF MIAMI BEACH
Page 12 of 44
SECTION IV - EV ALUATlON/SELECTION PROCESS: CRITERIA FOR EVALUATION
The procedure for proposal evaluation and selection is as follows:
1. Request for Proposals issued.
2. Receipt of proposals.
3. Opening and listing of all proposals received.
4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each
proposal in accordance with the requirements of this RFP. If further information is desired,
Proposers may be requested to make additional written submissions or oral presentations to
the Evaluation Committee.
5. The Evaluation Committee shall recommend to the City Manager the proposal or proposals
acceptance of which the Evaluation Committee deems to be in the best interest of the City.
The Evaluation Committee shall base its recommendations on the following factors:
a. Plan for the management and operation of the Concession Areas.
b. Professional qualifications and/or recommendations ofthe Proposer.
c. Prior history and current operations of other similar sizeltypes of concessions, such
as those specified within the Concession Areas, pursuant to the Scope of Services in
Section II herein.
d. Demonstration of financial stability of the Proposer.
e. Experience, education and performance record of individuals who would be
instrumental in the management and operation of the Concession Areas.
6. After considering the recommendation(s) of the Evaluation Committee, the City Manager
shall recommend to the City Commission the proposal or proposals acceptance of which the
City Manager deems to be in the best interest of the City.
7. The City Commission shall consider the City Manager's recommendation(s) and, if
appropriate, approve the City Manager's recommendation(s). The City Commission may
reject City Manager's recommendation(s) and select another proposal or proposals. In any
case, the City Commission shall select the proposal or proposals acceptance of which the
City Commission deems to be in the best interest of the City. The City Commission may
also reject all proposals.
RFP NO. _-00/01
DATE: February 21, 2001
CITY OF MIAMI BEACH
Page 15 of 44
8. Negotiations between the top-ranked Proposer and the City Manager take place to arrive at
a contract. If the City Commission has so directed, the City Manager may proceed to
negotiate a contract with a Proposer other than the top-ranked Proposer if the negotiations
with the top-ranked Proposer fail to produce a mutually acceptable contract within a
reasonable period oftime.
9. A proposed contract is presented to the City Commission for approval, modification and
approval, or rejection.
10. If and when a contract acceptable to the respective parties is approved by the City
Commission, the Mayor and City Clerk sign the contract after the selected Proposer has
done so.
~
By submitting a proposal, all Proposers shall be deemed to understand and agree that no
property interest or legal right of any kind shall be created al any point during the aforesaid
evaluation/selection process until and unless a contract has been agreed to and signed by both
parties.
RFP NO. _-00/01
DATE: February 21, 2001
CITY OF MIAMI BEACH
Page 16 of 44
to
Exhibit B
City of Miami Beach
APPLICATION FOR
PRIVATE BEACHFRONT CONCESSION
SECTION 1:
LOCATION OF CONCESSION REQUESTED
Address:
Name of Hotel/Condo/Other:
SECTION 2:
TYPE OF CONCESSION(S) REQUESTED
o Food and non-alcoholic beverages (Cooking and Heating Prohibited effective 10/1/01)
o Beach equipment rentals (beach chairs, umbrellas, rafts, etc.)
o Water recreational rentals (jet skis, wave-runners, surfboards, etc.)
SECTION 3.
APPLICANT INFORMATION
Name of Business:
Representative, Title:
Principal Office Address:
Telephone Number:
Facsimile No.
CHECK ONE :
( ) Individual
( ) Partnership
( ) Corporation
If a Corporation, Section 4 on the following page must be fully completed.
(continued on Page 2)
(Rev. 1/31/01)
F:\DDHP\$ALL\ASSET\BEACHFRN\RULEREGS.AMD
Page 1 of 13
APPLICATION FOR
PRIVATE BEACHFRONT CONCESSION
SECTION 4:
CORPORATE INFORMATION
Corporate Name:
Date of Incorporation:
State Incorporated:
If Foreign, Date of Registration with Florida Secretary of State:
Name of Registered Agent:
Address of Registered Agent:
President's Name:
Vice-President's Name:
Treasurer's Name:
Board of Directors:
SECTION 5:
UPLAND OWNER INFORMATION
Name of Owner:
Address:
Telephone No:
Facsimile No.
Authorized Representative, Title:
(Rev. 1/31/01)
F:\DDHP\$ALL\ASSET\BEACHFRN\RULEREGS.AMD
Page 2 of 13
m
City of Miami Beach
RULES AND REGULATIONS
FOR BEACHFRONT CONCESSION OPERATIONS
The City of Miami Beach has established policies and procedures concerning the management
and operation of beachfront concessions. The following rules and regulations shall apply to
all beachfront concession operators.
1. If the concession includes food and beverage service, then at least one supervisory employee
must possess a Food Service Management Certification issued by a County Public Health
Department in Florida. In addition, each food service unit, cart or facility must be licensed
by the Florida Department of Business Regulation - Division of Hotels and Restaurants
(8405 N.W. 53rd Street, Miami; telephone number is 470-5680).
2. Cooking and/or heating facilities will be prohibited on the beachfront. Only the sale offoods
that do not require cooking and/or heating will be allowed. As a result of the
aforementioned, the use of generators and/or combustible fuels, which may be used for
heating and/or cooking purposes, will also be prohibited. (Effective 10/112001)
3. The Concessionaire shall provide, at its sole expense, at least two (2) trash receptacles within
the confines of the area approved for its use and for the use of the public. Disposal of the
contents of said receptacles and removal of any trash or debris within the approved area, shall
be done on a daily basis, and shall be the sole responsibility of the Concessionaire.
4. The Concessionaire must provide the City written authorization from the upland owner (see
page 12), allowing the Concessionaire to operate behind the upland owner's property. Said
authorization must contain the name, title, and signature of an authorized representative
of the upland owner, and must be notarized. The Concessionaire's application will not be
considered until said authorization is presented to the City's Asset Manager. A new
authorization form from the upland owner is required in order to be eligible for renewal of
the Occupational License each year.
5. The Concessionaire agrees to abide by all City, County, and State laws with regards to the
use of the beachfront areas, as amended, or adopted hereafter. The authorization to operate
a beachfront concession may be suspended at any time by written notice from the City
Manager. The Concession authorization may be revoked upon ten (10) days written notice
from the City Manager. Such suspension may be subject to an administrative hearing/review.
6. There is no responsibility on behalf of the City of Miami Beach for any lost, stolen or
damaged property belonging to the Concessionaire.
(Rev. 1/31/01)
F:\DDHP\$ALL\ASSET\BEACHFRN\RULEREGS.AMD
Page 3 of 13
RULES AND REGULATIONS
FOR BEACHFRONT CONCESSION OPERATIONS
7. The Concessionaire must prepare a written evacuation plan for the prompt removal of all
mobile units used in the concession operations from the beachfront within one (1) hour of
notification by appropriate City authorities. This plan must be submitted to the City for
approval (see page 10). An operation plan must also be submitted (see page 9).
8. There shall be no overnight storage of any kind east of the dune line on the beach, except for
the following:
a) Beach chairs will be permitted to remain on the sand overnight, as long as they are
in good condition, neatly stacked (a maximum of 10 chairs per stack for plastic, and
4 chairs per stack for wood), and arranged side by side adjacent to the concession
stand.
b) Concession Kiosks, will be allowed to remain on the beach, as long as they are well
maintained and kept west of the lifeguard stands.
Violators will have their concessions closed and the City shall have the right to confiscate
any and all equipment left on the beach overnight.
9. The City of Miami Beach retains the authority to determine the number of employees
required for each concession.
10. Concessionaire will conduct its operations so as to maintain reasonable quiet and make no
public disturbances. Hawking to attract attention, and/or summoning or accosting any
person, is prohibited. The playing of any music, or allowing any other activity, that disturbs
the public is prohibited.
11. Vehicles are only allowed in areas where roadways are provided, and may only park only in
areas designated for vehicle parking. Concessionaire's vehicles shall only be allowed on the
beachfront for purposes of supplying the concession's operations, and to remove equipment
at the close of operations each day, and must be removed from the beachfront immediately
thereafter.
12. Concessionaire will be responsible for any damage caused to any City-owned property or
the beachfront during the time of its usage of said area.
13. F or any event at which a larger than ordinary attendance is expected, the Concessionaire
must inform the City of Miami Beach Police Department of expected attendance and comply
with Police supervision requirements.
14. All Concessionaires and their employees shall wear City of Miami Beach or City approved
identification badges, and must comport themselves in a professional and courteous manner,
at all times during hours of operation.
(Rev. 1/31/01)
F:\DDHP\$ALL\ASSET\BEACHFRN\RULEREGS.AMD
Page 4 of 13
RULES AND REGULATIONS
FOR BEACHFRONT CONCESSION OPERATIONS
15. The sale of beverages from cans, bottles, or plastic containers are not permitted. Beverages
must only be dispensed in paper cups or other biodegradable containers, in accordance with
applicable State and County requirements. The use of plastic straws is also prohibited.
16. The use of trailers and/or trucks, as defined in Miami Beach City Code Section 106-151, for
dispensing of services and/or storage of equipment and supplies associated with beachfront
concession operations will be prohibited on the beachfront. Only City approved facilities
(kiosks, huts, storage containers) that comply with current design guideline policies and these
Rules and Regulations will be permitted. (Effective 10/112001)
The concession facilities and the concession furnishings and equipment shall be neat, clean,
and well maintained at all times. The concession operation must be aesthetically pleasing
and non-detrimental to the surrounding environment.
17. The following regulations specifically apply to Concessionaires offering Water Recreational
Equipment:
A All propeller craft must have propeller guards.
B. All operations that involve the use of water craft must have a "chase boat" available
readily available. The"chase boat" is subject to the approval of the City.
C. The operation of all water sport activity shall be conducted outside the 300 foot
swimming area (" guarded area") and no closer than 400 feet of any lifeguard stand.
The location of beachfront operations shall be subject to the approval of appropriate
City Departments. The Concessionaire must instruct all users as to all safety
precautions, including avoidance of swimmers and bathers.
D. All concession activities, including the placement and/or use of umbrellas, cabanas,
sailboat, etc., shall not obstruct the view of a lifeguard. Any request from a lifeguard
to relocate any item that obstructs his/her view shall be treated as an emergency and
be relocated immediately.
E. Concessionaires are responsible for instructing clients on safe operation of equipment
including advisement to stay away from all "guarded areas."
F. The "guarded area" extends 300 feet east of the shoreline, and 100 feet from the
nearest bather or swimmer.
G. The Concessionaire must identify a channel to be used as an access route through
which users of water recreational equipment may leave the beachfront and enter open
water. Said channel shall extend 300 feet east, and perpendicular to the shore line
and be marked by removable orange colored buoys which shall be a minimum of
(Rev. 1/31/01)
F.\DDHP\$ALL\ASSET\BEACHFRN\ROLEREGS.AMD
Page 5 of 13
RULES AND REGULATIONS
FOR BEACHFRONT CONCESSION OPERATIONS
eighteen (18) inches in diameter. There shall be a minimum of four (4) buoys on
each side of the channel, equally spaced.
H. Watercraft shall not exceed "idle speed" within the channel.
I. Wearing a life jacket is required for all water activities (i.e. "hobie cats", "wave
runners", "parasailing", etc).
J. Concessionaire shall prohibit anyone under the age of 16, to rent, or use any powered
or sailing watercraft.
K. Para-sailing shall be conducted only from winch boats beyond the designated swim
areas.
L. Concessionaire shall supply all users of water recreational equipment with life jackets
in appropriate sizes.
M. All watercraft equipment shall meet the registration and license requirements of the
State of Florida.
N. All power equipment shall be equipped with approved kill switches in working order.
O. '. Fueling is allowed on the beach under the following conditions~: signs must be
posted where the gasoline is kept; cans which are spill-proof must be used; citizens,
tourists, and the general public, must be kept a safe distance from where the fueling
process is taking place.
P. Any change or addition to an concession operation requires review and written
authorization by the City of Miami Beach.
Q. All water sports concessions must be approved by the City's Marine Authority l!!ld
by the City Manager or his designee.
18. Any transport vehicles operated on the beachfront shall not exceed 10 m.p.h., and shall only
operate in the area of the concession or to-and-from the nearest access ramp. After
transporting equipment to the concession site, the vehicles shall be removed from the
beachfront area and parked in a legally authorized location. Driving on the beachfront area
shall be kept to a minimum.
19. A Food Service license issued by the Florida Department of Business Regulation - Division
of Hotels and Restaurants for the food service unit must be supplied by the Applicant before
a City Occupational License for a Food and Beverage Beachfront Concession may be issued.
(Rev. 1/31/01)
P:\DDHP\$ALL\ASSET\BEACHFRN\RULEREGS.AMD
Page 6 of 13
RULES AND REGULATIONS
FOR BEACHFRONT CONCESSION OPERATIONS
20. A City of Miami Beach Occupational License (valid from October 1, through September 30,
of each year) is required for each activity which the Concessionaire operates on the
beachfront ( Example: a concessionaire providing food and beverage, and water sports
activities, must obtain two Occupational Licenses).
THE ISSUANCE OF AN OCCUPATIONAL LICENSE BY THE CITY IS
CONDITIONED UPON COMPLIANCE WITH THE RULES AND REGULATIONS
CONTAINED HEREIN. SAID OCCUPATIONAL LICENSE SHALL BE
CONSIDERED NULL AND VOID IF THE CITY WITHDRAWS, DISCONTINUES,
OR OTHERWISE REVOKES THE AUTHORIZATION GRANTED TO THE
CONCESSIONAIRE TO OPERATE A BEACH FRONT CONCESSION.
21. The Concessionaire must maintain the required insurance coverage, described on the
following page, at all times.
22. The City reserves the right to issue additional Rules arid Regulations for Beachfront
Concession Operations. Said additions shall be binding on all beachfront Concessionaires.
23. The City reserves the right to revoke a Concessionaire's authorization, and Occupational
License(s) due to non-compliance with the Rules and Regulations herein specified.
24. Anyone found operating a concession prior to meeting all of the requirements outlined in the
Rules and Regulations, and/or operating without the appropriate licenses and approvals, will
be removed from the beach and will not be allowed to re-apply.
(Rev. 1/31/01)
F:\DDHP\$ALL\ASSET\BEACHFRN\RULEREGS.AMD
Page 7 of 13
RULES AND REGULATIONS
FOR BEACHFRONT CONCESSION OPERATIONS
INSURANCE REQUIREMENTS
The Concessionaire shall carry and maintain in full force and effect, at all times during its operation,
the following insurance coverage.
1. Comprehensive General Liability in the minimum amount of five hundred thousand dollars
($500,000)1 per occurrence for bodily injury and property damage. This policy must also
contain coverage for premises, operations, products, and contractual liability .
2. The City must be named as an additional insured on the policies required above.
3. Workers' Compensation and Employers' liability to meet the statutory requirements of the
State of Florida.
4. The City shall receive thirty (30) days advance written notice of cancellation or changes of
the above-mentioned policies.
5. All insurance policies shall be issued by companies authorized to do business under the laws
of the State of Florida and must have a rating ofB+:Vl or better per AM. Best's Key Rating
Guide, latest edition.
6. The Concessionaire shall furnish original Certificates of Insurance, evidencing the required
coverage, and receive approval of same, prior to the commencement of operations.
7. Certificates of Insurance must be approved by the City's Risk Manager before start up of
operations.
1 A minimum coverage of one million dollars ($1,000,000) is
required for water sports operations.
(Rev. 1/31/01)
F:\DDHP\$ALL\ASSET\BEACHFRN\aULEREGS.AMD
Page 8 of 13
RULES AND REGULATIONS
FOR BEACHFRONT CONCESSION OPERATIONS
OPERATIONAL PLANS
Please describe your proposed operations including specific numbers and types of equipment (attach
a photograph, copy of brochures or other descriptive materials for equipment), number of personnel,
and hours of operation (NOTE: The concession is to be open and operating seven days a week,
weather permitting). If a water recreational concession is requested, attach a sketch illustrating the
placement of the equipment as required in the Rules and Regulations. Information should also
include the type and number of beach chairs, type and number of umbrellas, type and number of
water craft, etc.)
YOUR AUTHORIZATION WILL BE GRANTED EXCLUSIVELY FOR THE ITEMS AND
EQUIPMENT LISTED HEREIN. PLEASE BE SPECIFIC.
(PLEASE TYPE)
(Rev. 1/31/01)
F:\DDHP\$ALL\ASSET\BEACHFRN\RULEREGS.AMD
Page 9 of 13
RULES AND REGULATIONS
FOR BEACHFRONT CONCESSION OPERATIONS
EVACUATION PLAN
Please describe in full detail your evacuation plan in case of a natural disaster such as a hurricane.
All your equipment must be off the beach and safely stored within one (1) hour's notice given by the
City. Identify the storage space, and its location, that you would use in this type of situation.
(pLEASE TYPE)
(Rev. 1/31/01)
F:\DDHP\$ALL\ASSET\BEACHFRN\RULEREGS.AMD
Page 10 of 13
BEACHFRONT
CONCESSION
LAYOUT
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Example
In the space provided below draw the dimensions
of the space you are proposing to use. Include in
the diagram the specific use that you are
proposing within the space (see sample to the
right). Please be specific.
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(Rev. 1/31/01)
F:\OOHP\$ALL\ASSET\BEACHFRN\RULEREGS.AMD
Page 11 of 13
RULES AND REGULATIONS
FOR BEACHFRONT CONCESSION OPERATIONS
UPLAND OWNER ACKNOWLEDGEMENT AND AUTHORIZATION
I have read and understand these Rules and Regulations for Beachfront Concession Operations, and
agree to abide and be bound by the terms and conditions contained herein. Furthermore, I hereby
authorize the following entity to operate at the location reflected below for the period of time and
the activities outlined herein:
Upland Owner:
(i.e. Name of Hotel, Condominium Association)
Upland Address:
(i.e. Address of Location Where Authorization is Being Granted)
Name of Authorized Entity:
(Concessionaire)
Principal:
Term of Authorization:
Type of Activity:
o Food & Beverage Sales (Cooking &Heating Prohibited effective 10/1101)
o Beach Equipment Rental (i.e, beach chairs and umbrellas)
o Water sports (i.e. "wave runners", "para-sailing", sail boats) .
Any authorization previously granted, to any other entity, to operate any activity at this location is
hereby withdrawn.
Signature of Authorized Upland Representative
Type or Print Name of Authorized Upland Representative
STATE OF FLORIDA)
~
COUNTY OF DADE)
The foregoing instrument was sworn to, subscribed, and acknowledged, before me this _ day of
200_. The Affiant, . is eitber personally known to the undersigned authority or
has produced as identification, and who didldid not take an oath.
(Signature) (Name of Notary Printed or Typed)
Notary Public, State of Florida-at-Large
My Commission Expires:
(Rev. 1/31/01)
F:\DDHP\$ALL\ASSET\BEACHFRN\RULEREGS.AMD
Page 12 of 13
RULES AND REGULATIONS
FOR BEACHFRONT CONCESSION OPERATIONS
CONCESSIONAIRE ACKNOWLEDGEMENT
I have read and understand these Rules and Regulations for Beachfront Concession Operations, and
agree to abide and be bound by the terms and conditions contained herein. Furthermore, I affirm that
all of the information I have provided herein is true and correct.
Upland Property Name:
(i.e. Name of Hotel, Condominium Association)
Upland Property Address:
(Le. Address of Location Where Concession Will be Operated)
Name of Concession Operator:
Title of Authorized Representative:
Name of Authorized Representative:
Signature of Authorized Representative
STATE OF FLORIDA)
~
COUNTY OF DADE)
The foregoing instrument was sworn to, subscribed, and acknowledged, before me this _ day of
200_. The Affiant, , is either personally known to the undersigned authority or
has produced as identification, and who didldid not take an oath.
(Signature)
Notary Public, State of Florida-at-Large
(Name of Notary Printed or Typed)
My Commission Expires:
APPROVED FOR THE CITY OF MIAMI BEACH, THIS
DAY OF
,200_, BY:
Name
Title
Signature
(Rev. 1/31/01)
F,\DDHP\$ALL\ASSET\BEACHFRN\RULEREGS.AMD
Page 13 of 13
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DESIGN STANDARDS
I. Concession Facility Design Standards
a. Storage facilities for lounge chair pads, umbrellas, and sun canopies
I. Storage facilities shall be equipped so as to be fully mobile via trailer or other
towing mechanism incorporated internally, for immediate removal from the
beach upon demand by the City, or in cases of mandatory emergency
evacuation. Skids shall not be used if the concession facilities are to be
towed.
II. Plans for concession and storage facilities should include accurate
dimensions and scale.
HI. Storage facilities shall be designed for the horizontal storage of chaise lounge
pads, umbrellas and similar items and shall not exceed a maximum size of
eight feet (8'-0") in length, four feet (4' -0") in width and an overall height of
four feet (4'-0") above the sand.
IV. Storage facilities shall be designed and detailed in a manner appropriate to
the unique beach environment inclusive of construction materials, finishes
and color, subject to the review and approval of Design Review staff.
v. Skids shall ill!1 be used if the storage facilities are to be towed.
v!. No signage shall be permitted on storage facilities, except a discreetly located
plaque measuring four inches by six inches (4" x 6"), identifying the
Concessionaire's name, address and telephone number.
b. Concession facilities for the rental of beach equipment, and/or watersports, and/or
the sale or distribution of food andlor beverages (non-alcoholic beverages only).
I. Concession facilities shall have a maximum floor area of sixty-four (64)
square feet with exterior dimensions not to exceed nine feet (9'-0") in height
. from the sand to the eave line (i.e., the intersection of the roof and the
exterior walls). Architectural projections above the eave line may not exceed
twelve feet (12'-0") in height from the sand (i.e., roof and roof related
architectural elements), with the exception of poles or masts for signage
bannerl pennants attached to the facility, which shall not exceed fourteen feet
(14'-0") in height from the sand.
II. All facilities shall be designed to preserve vistas and shall be fully open from
(42") inches above the finished floor deck to eight feet (8'-0") above the sand,
with the exception of structural columns or posts, and a contiguous maximum
of 25% of its overall perimeter dimension.
F:\OOHP\$ALL\ASSET\OESIGN.R&R
September 28, 1999
111. Any security side panels that may be used as shade devices shall be fully
supported from the structure itself and shall not contain independent vertical
support columns to the sand.
IV. All building construction materials and finishes shall be appropriate to and
consistent with the unique beach environment, subject to the review and
approval of Design Review staff.
v. All concession facilities shall be designed so as to facilitate their immediate
removal from the beach at the end of each day, or removal upon demand by
the City.
v!. Seating areas inclusive of tables and chairs shall not be permitted in or
around the structure.
VI1. Signage shall consist of only a fabric bannerl pennants only, which may be
attached either to a single mast or span between two (2) poles which are
directly attached to the structure itself. The size of the bannerl pennant shall
not exceed ten (lO)square feet. The overall dimensions, wording, color,
placement, design, and mounting systems for said bannerl pennant shall be
subject to the review and approval of Design Review staff. The wording on
the banner shall be generally limited to the name of the concessionaire and
the primary establishment service.
Vlll. Exterior surface colors and finishes shall be appropriate to the design of the
structure, as well as the surrounding beach environment, subject to the review
and approval of Design Review staff.
c. General Restrictions
1. Umbrella Signage: shall be restricted to the valance area with letters no more
than three inches in height and copy limited to the name of the upland
property (e.g. hotel name).
11. . Sun Canopies: shall be restricted to the tanning zone (Zone 3) west of the
lifeguard stands and shall not exceed (4'-0") in height above the sand.
d. Design Review Application Requirements (Planning Department)
1. A one hundred dollar ($100) application fee shall be required for the review
of plans for concession facilities and storage facilities.
11. Four (4) copies of the site plan or survey (11" x 17"format) showing the
proposed dimensional locations of the facilities on the beach.
F,\DDHP\$ALL\ASSET\DESIGN.R&R
September 28, 1999
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139
htlp:\\cLmiami-b..ch.fl.us
COMMISSION MEMORANDUM NO. 7f-O(
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
DATE: February 21, 2001
FROM:
Jorge M. Gonzalez \ .~
City Manager ()... - \)
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
ADMINISTRATION TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR
THE MANAGEMENT AND OPERATION OF BEACHFRONT
CONCESSIONS ON THE BEACHES SEAWARD OF LUMMUS PARK,
OCEAN TERRACE AND NORTH SHORE OPEN SPACE PARK, MIAMI
BEACH, FLORIDA
SUBJECT:
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
ANALYSIS:
On November 7, 1985, the Mayor and City Commission adopted Resolution No. 85-18222,
approving a Concession Agreement between the City of Miami Beach and Penrod Brothers, Inc.
(penrod Brothers) for the operation and management of beach front concessions, including rental of
beach equipment, water recreation equipment, and food and beverage service at Pier Park,
Oceanfront Park, and Lummus Park. The Concession Agreement which was subsequently amended
on August 13, 1986, via Resolution No. 86-18539 (Amendment No.1), on September 4,1986, via
Resolution No. 85-18571 (Amendment No.2), and Apri120, 1988, via Resolution No. 88-19223
(Amendment No.3), was scheduled to expire on November 4, 2000.
On October 18, 2000, the Mayor and City Commission adopted Resolution No. 2000-24137,
approving Amendment NO.4 to the Concession Agreement, extending its term for a period of one
year, pending the issuance of an RFP, and providing that Penrod Brothers operate a Pilot Concession
Program on the beaches east of North Shore Open Space Park and Ocean Terrace. The term
extension contained therein provided for the following:
an opportunity to finalize the Rules and Regulations for Beachfront Concession Operations
an opportunity to confer with, and seek input from, the Ocean Drive Association and other
interested parties with regard to the new RFP
ensuring the non-interruption of services to beach patrons
an opportunity to provide a short term pilot program to establish the feasibility of a beach
AGENDA ITEM
c.713
J-Jl- 01
DATE
. .
111. Four (4) copies of floor plan, roof plan (concession facility only), all
elevations, building section and detail drawings (11" x 17"format).
IV, Color samples of every color to be used (except white), keyed to the four (4)
wall elevations.
v. Finish and materials samples (if requested by Design Review staff during the
cC'urse of the review).
e. The State of Florida Department of Environmental Protection reserves the right to
review and permit all structures, including concession facilities and storage facilities,
pursuant to Section 161.56 of the Florida Statutes
F:\DDHP\$ALL\ASSET\DESIGN.R&R
September 28, 1999
concession program on the beaches east of North Shore Open Space Park and Ocean Terrace
an expiration date of November 5, 2001, for the existing Concession Agreement
In accordance with the recommended time line contained in the proposed RFP and outlined below,
the Administration met with and sought input from the Marine Authority, South Pointe Advisory
Board, and Ocean Drive Association. As of February 1, 2001, input has been received from the
Marine Authority, South Pointe Advisory Board, and Ocean Drive Association. The Administration
also met with the Beach Preservation Committee on December 12, 2000, advised of the key
components of the proposed RFP and requested that the Committee begin to develop
recommendations. Copies of the proposed RFP were sent to the Committee on December 28, 2000.
The Administration also attended the Committee's January 9, 2001, meeting, but the Committee
did not have a quorum. At the time ofthis writing, formal recommendations had not been received,
but the Committee is scheduled to meet on Tuesday, February 13,2001, at which time formal
recommendations are anticipated and will be reported to the City Commission.
Formal recommendations, as provided by the respective groups, and comments of the groups'
individual members were reviewed and incorporated, as appropriate, in the proposed RFP.
Meetings with community organizationslinterested parties:
Ocean Drive Association
South Pointe Advisory Board
Community Workshop
Beach Preservation Committee
Marine Authority
Conclusion of Rules and Regulations issues with State
City Commission approval of Rules and Regulations
The time line in the proposed RFP is as follows:
Authorization to issue RFP
Pre-Proposal Conference
Deadline for receipt of questions
Deadline for receipt of proposals
Evaluation committee meeting
Commission approval and authorization of negotiations
Contract negotiations
Projected award date
Proj ected contract start date
November 07, 2000
November 16, 2000
December 05, 2000
Dec. 12,2000 & Jan. 8, 2001
Dec. 12,2000 & Jan. 8,2001
February 2001 (still pending)
Pending State approval
February 21, 2001
March 09, 2001
March 21, 2001
April 20, 2001, 3:00p.m.
May 10,2001
June 06, 2001
June 07 thru July 13, 2001
July 25, 2001
November 5, 2001
The Administration is awaiting a response from the State of Florida regarding the proposed
amendments to the Rules and Regulations for Beachfront Concession Operations, which the
Division of State Lands estimates should be completed by March 2001. In the event that the State
does not respond as anticipated, the Administration will proceed under the current Rules and
Regulations, as amended by the City Commission on January 31, 2001. The proposed RFP includes
language advising prospective proposers that the selected proposer will be subject to, and must
conform with any amendments to the Rules and Regulations which may be required as determined
by the State of Florida.
The Proposed RFP
The attached RFP (Exhibit A) for the managernent and operation ofbeachfront concessions, provides
for a more limited overall concession area in comparison to the existing RFP which includes
Lummus Park (5th Street to 14th Lane), Pier Park (Biscayne-lst Street) and Oceanfront Park (2nd-
3rd Street). The proposed RFP is limited to the beaches east of Lummus Park, and does not include
those beachfront portions east of public street ends. The proposed Lummus Park beach Concession
Area is more specifically described below:
Lummus Park
The Concession Area is limited to the beach area bounded on the south by the northern most
line of the 5th Street right-of-way, bounded on the north by the southern most line of the
14th Lane right-of-way, bounded on the west by a line 50 feet east from the easternmost edge
of the Dune, and bounded on the east by a line 60 feet west of the Mean High Water Line
(MHWL). The Concession Area does not include those portions ofthe beach located east
of the respective street ends beginning and inclusive of 5th Street through and inclusive of
14th Lane along Ocean Drive. The easterly extension of these street rights-of-way onto the
beach area shall be established using the recommended methodology of extending the
respective northern and southern boundaries of the these rights-of-way seaward to the
Erosion Control Line (ECL) and then proceeding seaward perpendicular to the ECL until
reaching the shoreline.
Additionally, in keeping with the Pilot Program being conducted on the beaches at North Shore
Open Space Park and Ocean Terrace by Penrod Brothers, in accordance with its Concession
Agreement, as extended, the RFP will also include the additional North Shore Open Space Park
beaches and Ocean Terrace beaches more specifically described below:
Ocean Terrace
The Concession Area is limited to the beach area bounded on the south by the northern most
line of the 73rd Street right-of-way, bounded on the north by the southern most line of the
75th Street right-of-way, bounded on the west by a line 50 feet east from the easternmost
edge of the Dune, and bounded on the east by a line 60 feet west of the Mean High Water
Line (MHWL). The Concession Area does not include those portions ofthe beach located
east of the respective street ends beginning and inclusive of73rd Street through and inclusive
of75th Street along Ocean Terrace. The easterly extension of these street rights-of-way onto
the beach area shall be established using the recommended methodology of extending the
respective northern and southern boundaries of the these rights-of-way seaward to the
Erosion Control Line (ECL) and then proceeding seaward perpendicular to the ECL until
reaching the shoreline.
North Shore Open Space Park
The Concession Area is limited to the beach area bounded on the south by the northern most
line ofthe 79th Street right-of-way, bounded on the north by the southern most line ofthe
87th Street right-of-way, bounded on the west by a line 50 feet east from the easternmost
edge of the Dune, and bounded on the east by a line 60 feet west of the Mean High Water
Line (MHWL). The Concession Area does not include those portions of the beach located
east ofthe respective street ends beginning and inclusive of79th Street through and inclusive
of 87th Street along Collins Avenue. The easterly extension of these street rights-of-way onto
the beach area shall be established using the recommended methodology of extending the
respective northern and southern boundaries of the these rights-of-way seaward to the
Erosion Control Line (ECL) and then proceeding seaward perpendicular to the ECL until
reaching the shoreline.
As described above, a buffer zone would be created at each street-end along the Lummus Park,
Ocean Terrace, and North Shore Open Space Park beaches that would not be encumbered by any
concession operation, so as not to restrict, appear to restrict, or in any way limit the public access
to the beachfront areas.
The selected Proposer would be authorized to conduct the type(s) of business and to provide the
type(s) of services within the Concession Area, in accordance with the guidelines, as set forth in the
City of Miami Beach Rules and Regulations for Beachfront Concession Operations (Exhibit B) and
as provided below, at its sole cost and expense:
1) Rental of lounge chairs, chair pads, and umbrellas within the Concession Area. The
design, materials, and color of the any and all lounge chairs, chair pads, and umbrella
must be approved in writing by the City.
2) Food and beverage service within the Concession Area. The specific list of foods
and beverages to be provided by Concessionaire must be approved in writing by the
City.
3) Facilities to conduct the above services. Any and all facilities proposed to be used by
Concessionaire within the Concession Area must be approved in writing by the City.
4) Other services as they may be negotiated with the City at the time of the contract
award.
The percentage of gross revenues payable to the City by the successful Proposer has been set at a
minimum of fifteen percent (15%) of gross revenues, which is the new percentage that was
negotiated with Penrod Brothers for its one year extension. The previous percentage was 10%. The
City shall reserve the right to negotiate separate terms for any of the above described Concession
Areas, ifit is deemed to be in the City's best interest.
The following chart represents the estimated increase in revenues anticipated based on the actual FY
2000/2001 first quarter revenues received from the current concessionaire (Penrod Brothers).
Month
FY 99/00
1 st Quarter
2nd,3rd,4th Quarters
Total
Cit Share 10%
Total Revenue
$25,886.22
$138,044.38
$163,930.60
$258,862.23
$1,380,443.80
$1,639,306.03
Cit Share 15%
$43,859.45
$233,890.86
$277,750.31
$292,396.35
$1,559,272.39
$1,851,668.74
The Administration recommends that the Mayor and City Commission approve the issuance of the
attached RFP for the operation and management of beach front concessions on the beaches seaward
of Lummus Park, Ocean Terrace and North Shore Open Space Park.
JMG:cttE:JD:rlr 'a'f\
T:IAGENDA \20011FEB21 01 lREGULARIBEACHRFP.MEM 2/8/01