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LTC 34-2003To: From: Subject: CITY OF MIAMI BEACH Office of the City Ma__qag,er Letter to Commission No. Date: February 4, 2003 Mayor David Dermer and Members of the City Commission Jorge M. GonzaleZ'~/~/"~ City Manager f) (// Boucher Brothers Miami Beach LLC Initial Contract Year Revenue Summary On October 17, 2001, the Mayor and City Commission adopted Resolution 2001-24646, approving a Concession Agreement between the City of Miami Beach and Boucher Brothers Miami Beach, LLC (Boucher Brothers) for the operation and management of beachfront concessions on the beaches seaward of Lummus Park, Ocean Terrace, and North Shore Open Space Park. The Concession Agreement commenced on November 5, 2001. Concession operations permitted include sale of food (no cooking and/or heating) and beverage, rental of lounge chairs and umbrellas and watersport rentals (e.g. wave runners). As requested by Commissioner Garcia, and the Mayor and City Commission, at the December 11, 2002, City Commission meeting, attached is the preliminary first year revenue summary based on amounts submitted by Boucher Brothers. Said revenue summary includes a comparison with the previous concession operator, Penrod Brothers, Inc., for the comparable prior year period. The Boucher Brothers Concession Agreement provides that Boucher remit to the City the greater of a yearly minimum guarantee of $442,500 ($412,500 for beach equipment and food & beverage + $30,000 for watersports), or a percentage of gross sales and rentals as follows: 15% of its gross food and beverage sales up to $750,000, and then on a sliding scale in 1% increments (from 16% to 25%), as sales exceed $750,000 (in $250,000 increments (from $750,001 thru $3,250,000), respectively 20% of its gross beach equipment rentals · 20% of its gross watersport rentals Below please find a comparison of the year end sales totals based on amounts submitted by Boucher Brothers for the months of November 2001 through October 2002, and those submitted by Penrod Brothers for the comparable prior year period (November 2000 through October 2001), net of sales and resort taxes. Boucher Brothers Penrod Brothers Difference 11/01-10102 11/00-10101 Sales Net of Sales $2,539,093 $1,728,360 $810,733 and Resort Taxes Revenue to City $ 471,755 $ 259,254 $212,501 Please note that the Penrod Brothers Concession Agreement, as amended and extended, provided that during their last year of operation, Penrod would remit to the City the greater of a minimum yearly guarantee of $9,600 ($800 per month), or fifteen pement (15%) of their gross sales for beach equipment rentals, food and beverage sales, and watersport rentals. In reviewing these numbers with Boucher Brothers, they stated that revenues could have been greater, had they not been operating under what they considered to be unfavorable circumstances, such as the post-September 11, 2001, environment and slow economic conditions (see attached letter from James Boucher). Nonetheless, Boucher Brothers reports that the gross revenues generated by them for the first contract year exceed those of the prior concessionaire by $810,733, respectively a 47% increase over prior year's revenues as reported by Penrod Brothers. Generally, the Boucher Brothers have provided good levels of service and customer satisfaction. They have been responsive to our requests and inquiries and have developed a good working relationship with the City and businesses on Ocean Drive. Overall, their performance has exceeded my expectations and they continue to demonstrate a willingness to partner with the City. Attached is a letter I received from the Boucher Brothers summarizing their observations over the past year. Should you have any questions or need any additional information, please feel free to contact me. JMG:CMC:JD:rlr Attachment C' Christina M. Cuervo, Assistant City Manager Jose Damien, Asset Manager F:\DDHP~$ALL~ASSET~BEACHFRN~PUBLIC\RFP_2001~BOUCHER\BoucherRevenueLTC3-doc Beachfront Concession Revenue Comparison Operator>>>>>>> BOUCHER (11/01 thru 10/02) PENROD 11/00 thru 10/01) MONTH Net Sales Total to CMB Net Sales Total to CMB November $115,717 $21,708 $127,702 $19,155 December $104,174 $19,629 $60,603 $9,090 January $162,033 $30,446 $122,146 $18,322 February $152,656 $28,644 $189,105 $28,366 Mamh $461,199 $85,133 $259,148 $38,872 April $315,874 $58,875 $201,402 $30,210 May $248,652 $46,208 $151,998 $22,800 June $133,212 $24,896 $144,983 $21,748 July $263,206 $48,728 $185,802 $27,870 August $264,166 $48,565 $165,033 $24,755 September $161,294 $29,696 $79,918 $11,988 October $156,910 $29,228 $40,520 $6,078 TOTALS $2,539,093 $471,755 $1,728,360 $259,254 Sales reflected in reports submitted by respective concessionaire, not inclusive of State sales tax, or resort tax. February 3, 2003 Jorge Gonzalez . City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 RE: Quality & Performance Observations Regarding Beach Concession BOUCHER BROTHERS 20971 northeast thirtieth court aventura florida 33180 office 305 535-8177 fax 305 538-3288 sales department 305 218-6610 www.boucher brot hers.com Dear Hr. City Manage~. As you requested as part,of the annual review process, the following is a synopsis ofth~ past year's accomplishments as to quality and performance. First and foremost, we are appreciative for the privilege to serve the City of Miami Beach as their Beachfront Concessionaire. The first year enabled both of us to gain knowledge and experience of the concession area. As a result we have submitted to the Administration a number of issues to make the concession area better..We wB~l continue to strive to make the beach a more enjoyable experience for all. I) We believe the public (resident and tourist) has best been served by the deployment of new equipment, trained personnel and full time supervision by the Boucher brothers. 2) The new and innovative luxury oasis areas are always in demand and have created another level of service on the beach. 3) Hotel ownership and management recognize guest satisfaction delivered to Ocean Drive & Collins Avenue hotel guests is excellent~ Perfor~ce: Miti_L, ation af Performance: I ) Here are some reasons for not achieving better revenue perfo~nance: 2) Despite a post September I I economy as demonstrated by the statistical recording of the downturn of resort tax collection and occupancy percentage on Ocean Drive and Collins Avenue hotels, gross revenue increased compared to the prior concessionaire. 3) Less beachfront (length) compared to the prior concessionaire. 4) No cooking on the beach compared to the prior concessionaire, resuking in less revenue from food sales. 5) No cooking and serving of food and beverage compared to the prior concessionaire at 10~/and L4~ Street. 6) Diminished beach (depth), as a resuk of the Lummus Park excavation and relocation project removed revenue-producing area from the Concession Area. The combined efforts of the City and concessionaire have delivered greater generation of revenue and payment of rent to the City, new and improved equipment and delivery of quality service in comparison to previous years. This is a win for the City, residents and tourists. Ploreover, all of the above was accomplished while respecting beach preservation and not exasperating the commercialization of the beach, proving the coexistence of beach preservation ~and the tourism industry can coexist. On behalf of my bothers, the past year has been a privilege and pleasure working With you and your administration. We look forward to a great future together. BOUCHER BROTHERS