2001-24647 RESO
RESOLUTION NO:
2001-24647
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING BY
517THS VOTE THE CITY'S COMPETITIVE BIDDING
REQUIREMENTS; FINDING SUCH WAIVER TO BE IN BEST
INTEREST OF THE CITY; AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A CONCESSION AGREEMENT
BY AND BETWEEN THE CITY OF MIAMI BEACH AND
BOUCHER BROTHERS MIAMI BEACH, LLC, FOR THE
MANAGEMENT AND OPERATION OF A FOOD AND
BEVERAGE CONCESSION ON A PORTION OF THE CITY'S
10TH STREET AUDITORIUM, LOCATED AT 1001 OCEAN
DRIVE, MIAMI BEACH, FLORIDA, CONSISTING OF AN
AREA NO GREATER THAN 1,500 SQUARE FEET; SAID
AGREEMENT HAVING AN INITIAL TERM OF ONE (1)
YEAR, AND THEREAFTER ON A MONTH-TO-MONTH
BASIS, TERMINABLE WITHOUT CAUSE AND FOR
CONVENIENCE, WITH THIRTY (30) DAY WRITTEN NOTICE,
AT THE CITY'S DISCRETION; FURTHER AUTHORIZING
THE ADMINISTRATION AND CITY ATTORNEY'S OFFICE
TO PREPARE SAID AGREEMENT IN ACCORDANCE WITH
THE SUBSTANTIVE TERMS SET FORTH IN THIS
RESOLUTION.
WHEREAS, the currently existing concession agreement between the City and Penrod
Brothers, Inc. expires on November 4, 2001, at which time it will vacate its operation and
use of the 10lh Street Auditorium concession area; and
WHEREAS, to address potential loitering and ongoing homeless-related concerns in
the vicinity of the 10lh Street Auditorium, and pending the imminent renovation of the 10th
Street Auditorium, the Administration deems that it would be in the best interest of the City
to continue operating a food and beverage concession on the southeast corner of the
Auditorium property; and
WHEREAS, in light of the Concession Agreement with Boucher Brothers Miami Beach,
LLC for the operation of beachfront concessions on the beaches seaward of Lummus Park,
which will be considered by the Mayor and City Commission at its regular meeting on
September 20, 2001, and part of which will be on the beaches in the immediate vicinity of
the Auditorium, the Administration and Boucher Brothers have agreed to negotiate a
separate Concession Agreement to operate a food and beverage concession at the
Auditorium, in accordance with the substantive terms and conditions outlined in the
attached commission memorandum, incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission waive, by
5/7ths vote, the competitive bidding requirement, finding such waiver to be in the best
interest of the City, and authorize the Mayor and City Clerk to execute a Concession
Agreement by and between the City and Boucher Brothers Miami Beach, LLC, for the
management and operation of a food and beverage concession on a portion of the City's
10th Street Auditorium, located at 1001 Ocean Drive, Miami Beach, Florida, consisting of
an area no greater than 1,500 square feet; said Agreement having an initial term of one
(1) year and terminable without cause and for convenience, with thirty (30) days written
notice, at the City's discretion; further authorizing the Administration and City Attorney's
Office to prepare said Agreement in accordance with the substantive terms set forth in this
Resolution; in the event the Administration and City Attorney's office are unable to
negotiate said Agreement, authorizing the City Manager to terminate negotiations.
PASSED AND ADOPTED THIS Ulltday of
October
,2001.
Attest:
11M
--1klJl1,t ~M~
CITY CLER
MAYOR
JMG:CMC:JD:rlr
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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Dale
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139
http:\lci,miami-beach,fl,us
TO:
FROM:
SUBJECT:
m
COMMISSION MEMORANDUM
Mayor Neisen O. Kasdin and DATE: October 17, 2001
Members of the City Commission
Jorge M. Gonzalez J d ~
City Manager ~~ D
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, WAIVING BY 5nths
VOTE THE CITY'S COMPETITIVE BIDDING REQUIREMENTS;
FINDING SUCH WAIVER TO BE IN BEST INTEREST OF THE
CITY; AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A CONCESSION AGREEMENT BY AND BETWEEN
THE CITY OF MIAMI BEACH AND BOUCHER BROTHERS
MIAMI BEACH, LLC, FOR THE MANAGEMENT AND
OPERATION OF A FOOD AND BEVERAGE CONCESSION ON
A PORTION OF THE CITY'S 10TH STREET AUDITORIUM,
LOCATED AT 1001 OCEAN DRIVE, MIAMI BEACH, FLORIDA,
CONSISTING OF AN AREA NO GREATER THAN 1,500
SQUARE FEET; SAID AGREEMENT HAVING AN INITIAL TERM
OF ONE (1) YEAR, AND THEREAFTER ON A MONTH-TO-
MONTH BASIS, TERMINABLE WITHOUT CAUSE AND FOR
CONVENIENCE, WITH THIRTY (30) DAY WRITTEN NOTICE, AT
THE CITY'S DISCRETION; FURTHER AUTHORIZING THE
ADMINISTRATION AND CITY ATTORNEY'S OFFICE TO
PREPARE SAID AGREEMENT IN ACCORDANCE WITH THE
SUBSTANTIVE TERMS SET FORTH IN THIS RESOLUTION
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
ANALYSIS:
Due to the imminent renovation of the 10th Street Auditorium and pending the final
programmed uses for the renovated facility, the 10111 Street Auditorium Concession facilities
were not included in the Beach Concession RFP. However, on November 4, 2001, the
Penrod's Beach Concession Agreement expires, at which time they will vacate their
DATE
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/e>-/7-0/
AGENDA ITEM
operation and use of the 10th Street auditorium. In order to address potential loitering and
ongoing homeless related concerns, and pending the imminent renovation of the 10th
Street Auditorium, the Administration deems that it would favorable to continue operating
a food and beverage concession on the southeast corner of the Auditorium property.
As such, and in light of the pending Agreement with Boucher Brothers Miami Beach, LLC
and their subcontractor for the operation of beachfront concessions on the beaches
seaward of Lummus Park, part of which will be on the beaches in the immediate vicinity
of the Auditorium, the Administration discussed this matter with Boucher Brothers. The
Administration and Boucher Brothers have agreed to negotiate a Concession Agreement,
the substantial terms and conditions of which have been agreed to.
The Concessionaire states the as a result of the MDPL grand opening of the facility and
the attention of the Ocean Drive Association to the November 11 concert, the respective
organizations have not been able to comment on the final business terms set forth below.
Therefore the City Manager shall consult with MDPL and Ocean Drive Association before
finalizing the hours of operation. Said substantive terms and conditions of the proposed
Concession Agreement are outlined below:
. The Agreement shall become effective on November 5, 2001.
. The Agreement shall be for an initial term of one (1) year, and thereafter on a month-to-
month basis. Said agreement will include a thirty-day (30) day termination clause, for
convenience, at the City's discretion, at any time during the term.
. Concession premises shall not exceed 1500 square feet.
. The Agreement shall at all times be in conformance with Article 6, of the Miami-Dade
County Charter (more commonly known as the" Save Our Parks" Ordinance).
. Concession Premises are to be used for the sale of food and beverage. The food
menu will be reviewed and approved by the City Manager, after
. Concessionaire shall pay the City a fee equal to 20% of its gross receipts for all food
and beverage sales with a portion of the percentage going to MDPL. The MDPL
portion of the percentage being determined by the City Manager.
. Concessionaire shall be fully responsible for the day-to-day operational maintenance
of the Concession Premises and utilities. It is the intent of the parties to separately
meter the utilities and if not a fair pro-rata share of the monthly utility costs will be bome
by the Concessionaire
. Concessionaire shall equip and maintain the patio area adjacent to (non-concession
area), said Concession Premises, with tables and chairs for the public's use.
. Concessionaire shall also be responsible for the day-to-day maintenance of this non-
concession area, and, additionally, for the supply, staffing, opening, closing, and day-to-
day maintenance of the public restrooms located on the west side of the Auditorium,
resulting in an estimated cost savings of $20,OOOlannually to the City.
. In addition to the substantive terms above, the Concessionaire shall provide appropriate
and adequate insurance, hold harmless and indemnity agreements, in favor of the City.
. A kiosk, subject to design review approval, shall be allowed on the patio portion to rent
bikes, skates and accessory items. Minimum guaranteed rent shall be $18,000. per
year or $1500.00 per month.
. The agreement will recognize the right for MDPL under separate agreement with
Boucher Brothers for Boucher Brothers to utilize the concession area (cooking area)
to service a "museum cafe" within the MDPL controlled building area with 20% of those
revenues going directly to MDPL.
. Concessionaire may have special events subject to the City's established special event
guidelines, the applicable City Code provisions and County, State and Federal laws.
. Concessionaire may be permitted to serve beer & wine subject to its obtaining the
required alcoholic beverage license from the State of Florida and compliance with the
City's Occupational License requirements, including approvals from the Planning and
Zoning Department and any other regulatory requirement pertaining to the sale of
alcoholic Beverages and/or alcoholic beverage establishments.
. Concessionaire's hours of operation shall be established between the Concessionaire
and the City Manaaer. subiect to consultation with MDPL and Ocean Drive Association
Boucher Brothers requested a proposed rent credit up to $100,000. against the percentage
payment over the minimum guarantee only for improvements made to the Concession area
and patio. The City has rejected this concept in light of the imminent renovation of the 10111
Street Auditorium.
In an effort to actively program the concession premises, pending the imminent renovation
of the Auditorium, the Administration recommends that the Mayor and City Commission
approve the attached Concession Agreement with Boucher Brothers Miami Beach, LLC,
in a form acceptable to the City Attorney, for the operation and management of a food and
beverage concession at the 10th Street Auditorium, waiving the competitive bidding
requirements by 5/7ths vote, finding same to be in the best interest of the City.
Should this resolution not pass, an agreement for 10111 Street not be reached, or the portion
of the Auditorium defined as the Concession Area cease operation due to the facility being
reprogrammed, then the Beach Concession Agreement between Boucher Brothers and
the City shall revert back to the original submitted remuneration to the City for Food and
Beverage, except for a annual increase of 5% of the minimum guaranteed rent.
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