LTC 268-2023 Request for Proposals (RFP) 2023-479-KB for the Management and Operation of a High-End Beach EstablishmentMIAM I BEACH
OFFICE OF THE CITY MANAGER
LTC # LETTER TO COMMISSION
TO: Honorable Mayor Dan Gelber and Members of the City Commission
FROM:
DATE: June 14, 2023
SUBJECT: Request for Proposals (RF P) 2023-479-KB for the Management and Operation of a
High-End Beach Establishment
The purpose of this L TC is to update the Mayor and City Commission on the status of RF P 2023-
479-KB. On May 17, 2023, the City Commission approved Resolution 2023-32612, directing the
Administration to prepare and issue the RFP for the management and operation of a high-end
beach establishment and ancillary uses at the property located at One Ocean Drive and the
adjacent concession areas.
The Resolution directs the Administration to issue the RFP by June 15, 2023, with a deadline to
receive proposals by August 15, 2023, and the award recommendation to be placed on the
agenda of the September 13, 2023, meeting of the City Commission.
Accordingly, the RFP was issued on June 14, 2023, and is attached hereto. The attachments
have been omitted due to their size but are available upon request. A mandatory pre-proposal
conference will be held on June 28, 2023, and the deadline for the submittal of proposals is
August 15, 2023.
I want to acknowledge the tremendous efforts of staff from the City Attorney's Office, the
Procurement Department, and the Facilities Department, that worked tirelessly to complete and
issue this complex solicitation within the established schedule.
As a reminder, the cone of silence is now in place on the RFP. Please do not hesitate to contact
me if you have any questions.
268-2023
R E Q U E S T F O R P R O P O S A L S (RF P ) 2 0 2 3 -4 7 9 -KB
M A N A G E M E N T A N D O P E R A T IO N O F A H IG H -E N D B E A C H E S T A B LI S H M E N T
TABLE OF CONTENTS
SOLICITATION SECTIONS:
0100 INSTRUCTIONS TO BIDDERS
0200 GENERAL CONDITIONS
0300 PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT
0400 PROPOSAL EVALUATION
APPENDICES:
APPENDIX A PROJECT INFORMATION & REQUIREMENTS
APPENDIX B PROPERTY CONDITION ASSESSMENT
APPENDIX C PREVAILING WAGES & LOCAL WORKFORCE REQUIREMENTS AND WAGE
DETERMINATION
APPENDIX D RESILIENCY STANDARDS
APPENDIX E CBRE APPRAISAL
APPENDIX F CUSHMAN WAKEFIELD APPRAISAL
APPENDIX G PROPOSAL CERTIFICATION QUESTIONNAIRE AND REQUIREMENTS AFFIDAVIT
(FOR JOINT VENTURES REQUIRED TO SUBMIT MULTIPLE AFFIDAVITS)
SECTION 0100 INSTRUCTIONS TO BIDDERS & GENERA L CONDITIONS
1. GENERA L. This Request for Proposals (RFP) is issued by the City of Miami Beach, Florida (the "City'), as the
means for prospective Bidders to submit their qualifications, proposed scopes of work and revenue proposals (the
"proposal") to the City for the City's consideration as an option in achieving the required scope of services and
requirements as noted herein. All documents released in connection with this solicitation, including all appendixes
and addenda, whether included herein or released under separate cover, comprise the solicitation, and are
complementary to one another and together establish the complete terms, conditions and obligations of the Bidders
and, subsequently, the successful Bidder(s) (the "contractor[s]") if this RFP results in an award.
The City utilizes Periscope S2G (formally known as BidSync) (www.periscopeholdings.com or www.bidsync.com) for
automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any
addendum to this RFP. Any prospective Bidder who has received this RFP by any means other than through
Periscope S2G must register immediately with Periscope S2G to assure it receives any addendum issued to this
RFP. Failure to receive an addendum may result in disqualification of proposal submitted.
2. BACKGROUND. 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 One Ocean Drive (the "Beach Club"); said Lease having an initial term of twenty (20) years, with
two (2) ten-year renewal terms, currently set to expire on May 6, 2026.
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 (the Concession Area", and together with the Beach Club, the "Property"), which said Agreement
was amended several times until its expiration in 2003. On February 25, 2004, the Mayor and City Commission
executed a new Concession Agreement by and between the City and Penrod Brothers, Inc., for the management and
operation of a concession in the portion of Pier Park seaward of the footprint of the Penrod's Restaurant, located at
One Ocean Drive, Miami Beach, Florida.
Figures 1A and 1 Bare an illustration and aerial photo of the Property and the surrounding area. Figures 1A and 1 B
should not be relied upon as factual. The legal description and boundaries of the Property are included in Exhibit A.
For the avoidance of doubt, and regardless of any legal description, survey or sketch to the contrary, the
parking lot that abuts the existing building at 1 Ocean Drive is not included within the Property.
Figure 1A- General Location of Site
Figure 1 B - Aerial photo of beach club and concession
areas Parkin not included).
A':ic;
Pe
s
concessipn "
Area' '
,
3. PURPOSE. On May 17, 2023, respectively, the City Commission directed 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, with the new agreements taking effect after the expiration of the
existing Lease and Concession Agreement on May 6, 2026. Accordingly, the purpose of this RFP is to seek proposals
from firms interested in being considered to negotiate an agreement with the City for the management and operation
of a high-end beach establishment and ancillary uses on the Property and adjacent concession area, the details and
requirements of which are delineated in Appendix A.
3.1. Interested Parties. Interested parties are invited to submit proposals in accordance with Section 0300. A
Pre-proposal conference will the held in accordance with Section 0100, Sub-sections 5 and 8.
Each Bidder may submit one (1) proposal in respect of Option 1 (agreement having a term of less than ten (10)
years) and one (1) proposal in respect of Option 2 (agreement having a term equal to or greater than ten (10)
years but not more than thirty (30) years, including options). As between Option 1 and Option 2, a Bidder may
offer alternative concepts or approaches for the use of the Beach Club and the Concession Area, as well
alternative financial and other terms for a lease, concession agreement, or management agreement in respect
of the Beach Club and the Concession Area (note that in all cases, any proposed agreement between the City
and a Bidder that includes the beach front to the rear of the existing Beach Club must be in the form of a
concession agreement). By way of example, a Bidder may submit an Option 1 proposal that entails a 9-year
agreement contemplating only necessary repairs/refurbishment of the improvements in the Beach Club area
and an Option 2 that contemplates a 25-year agreement with a full gut and rehab of such improvements. For
the avoidance of doubt, a Bidder may only present ONE such concept/approach for each of Option 1 and
Option 2. If a Bidder elects to submit a proposal in respect of each Option, then each such proposal must be
clearly identified as relating to Option 1 or Option 2 and. each proposal must be complete and stand on its own.
Responsive proposals will be evaluated in accordance with Section 0400. Proposals will be evaluated against
other proposals for the same Option. For example, proposals submitted for Option 1 (less than 10 years) will
be evaluated against other proposals for Option 1, and Proposals submitted for Option 2 (10-30 years) will be
evaluated against other proposals for Option 2.
4. CO NE O F SILENCE. This RFP is subject to, and all Bidders are expected to be or become familiar with, the City's
Cone of Silence Requirements, as codified in Section 2-486 of the City Code. Bidders shall be solely responsible for
ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be subject to any and
all sanctions, as prescribed therein, including rendering their response voidable, in the event of such non-compliance.
Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein
with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov.
5. ANTICIPATED RFP TIMETABLE. The tentative schedule for this solicitation is as follows·
RFP Issued June 13, 2023
June 28, 2023, at 1 0:00am EST
Join on your computer, mobile app or room
device:
Mandatory Pre-Proposal Meeting Click here to join the meeting
Meeting ID: 234 479 848 593 This meeting will be held via web conference in Passcode: 9PLJEn accordance with Sub-section 8. Or call in (audio only):
(1) Dial the TELEPHONE NUMBER: 1 786-636-
1480 (To ll-free North America)
(2) Enter the MEETING NUMBER 229 442 446#
Deadline for Receipt of Questions July 12, 2023, at 5.00pm EST
August 15, 2023, at 3:00pm EST
Join on your computer, mobile app or room
device:
Responses Due (See Sec. 6 below) Click here to join the meeting
Or call in (audio only):
(1) Dial the TELEPHONE NUMBER: 1 786-636-
1480 (Tall-free North America)
(2) Enter the MEETING NUMBER 176 434 939#
Evaluation Committee Review To be determined.
Tentative Commission Approval Authorizing Negotiations To be determined.
6. DEADLINE FOR PROPOSAL SUBMITTAL. Proposals must be submitted electronically through Periscope S2G
(formerly BidSync) on or before the date and time indicated. Only proposal submittals received, and time stamped by
Periscope S2G (formerly BidSync) prior to the proposal submittal deadline shall be accepted as timely submitted.
Late bids are not allowed and will not be accepted. If a Bidder elects to submit proposals in respect of Option 1 and
Option 2, the entirety of each such Option must be timely submitted to be considered.
Bidders are cautioned to allow sufficient time for the submittal of proposals and uploading of attachments in Periscope
S2G, including any technical difficulties that may occur (e.g., password issues, new user learning curve, system
issues, etc.). Any technical issues must be submitted to Periscope S2G by contacting (800) 990-9339 (toll-free) or
S2G@periscopeholdings.com. The City cannot assist with technical issues regarding submittals.
The City will in no way be responsible for delays caused by any technical or other issue. It is the sole
responsibility of each Bidder to ensure its proposal is successfully submitted in Periscope S2G (formerly
BidSync) prior to the deadline established for the submittal of proposals.
7. PRO CUREM ENT CO NTACT. Any questions or clarifications concerning this solicitation shall be submitted to the
Procurement Contact noted below:
•p g '-
4] 4·1 Le]4
dditionally, the City Clerk is to be co ied on all communications via e-mail at: RafaelGranado miamibeachfl. av;
or via facsimile: 786-394-4188.
The Proposal title/number shall be referenced on all correspondence. All questions or requests for clarification must
be received no later than ten (10) calendar days prior to the date proposals are due as scheduled in Section 0200-3.
All responses to questions/clarifications will be sent to all Bidders in the form of an addendum.
8. MANDATORY PRE-PROPOSAL MEETING A mandatory pre-proposal meeting will be held via web conference
(Microsoft Teams). Attendance for the pre-proposal meeting is mandatory. Bidders that do not attend or have a
representative attend shall have their proposal(s) deemed non-responsive.
Join on your computer, mobile app or room device:
Click here to join the meeting
Meeting ID: 234 479 848 593
Passcode: 9PLJEn
Or call in (audio only):
(1) Dial the TELEPHONE NUMBER: 1 786-636-1480 (Toll-free North America)
(2) Enter the MEETING NUMBER 229 442 446#
9. PRE-PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective
Bidders are not binding on the City and will be without legal effect, including any information received at pre-submittal
meeting or site visit(s). The City will issue interpretations or clarifications considered necessary by the City in response
to questions by means of written addenda to the RFP. Only questions answered by written addenda will be binding
and may supersede terms noted in this solicitation. All addenda will be released through Periscope S2G. Any
prospective Bidder who has received this RFP by any means other than through Periscope S2G must register
immediately with Periscope S2G to assure it receives any addendum to this RFP that is issued. Failure to receive an
addendum may result in disqualification of proposal. Written questions should be received no later than the date
outlined in the Anticipated RFP Timetable section.
10. BIDDER'S RESPONSIBILITY. Before submitting a response, each Bidder shall be solely responsible for making
any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions and
requirements affecting the full performance of the contract. Ignorance of such conditions and requirements, and/or
failure to make such evaluations, investigations, and examinations, will not relieve the Bidder from any obligation to
comply with every detail and with all provisions and requirements of the contract, and will not be accepted as a basis
for any subsequent claim whatsoever for any monetary consideration on the part of the Bidder.
11. JOINT VENTURES/ SINGLE PURPOSE ENTITY.
a. Joint Ventures Permitted for Proposal Submissions. For purposes of the Proposal submission
and evaluation, a Bidder may form a joint venture entity and the owner/members of the joint venture shall be deemed
to be the Bidder (i.e., the joint venture members with an ownership interest in the joint venture may meet the
qualification requirement collectively). If the Bidder is a joint venture, each member of the joint venture must
subm it an executed Proposal Certification Questionnaire and Requirem ents Affidavit (Appendix G) with the
proposal or upon request by the Procurem ent Departm ent. If awarded the RFP, the ownership interests of each
member of the joint venture entity shall be disclosed.
b. Successful Bidder Required to Create Single Purpose Entity to Serve as Contract Entity with
Personal or Corporate Guarantees. The successful Bidder (whether an individual, a single entity or a joint venture)
shall be required to, prior to execution of the agreement(s), create a single purpose entity (such as a limited liability
company) ("SPE") to serve as the entity that enters into the agreement(s) with the City. Each principal of Bidder shall
be required to execute a personal or corporate guarantee, as applicable to guarantee the SPE's performance of the
agreement(s) with the City.
12. DETERMINATION OF AWARD. The City Manager may appoint an evaluation committee to assist in the
evaluation of proposals received. The evaluation committee is advisory only to the City Manager. The City Manager
may consider the information provided by the evaluation committee process and/or may utilize other information
deemed relevant. The City Manager's recommendation need not be consistent with the information provided by the
evaluation committee process and shall consider the following, in accordance with Miami Beach City Code Section
2-369:
(1) The ability, capacity and skill of the Bidder to perform the contract.
(2) Whether the Bidder can perform the contract within the time specified, without delay or
interference.
(3) The character, integrity, reputation, judgment, experience and efficiency of the Bidder.
(4) The quality of performance of previous contracts.
(5) The previous and existing compliance by the Bidder with laws and ordinances relating to the
contract.
The City Manager may recommend to the City Commission the Bidder(s) s/he deems to be in the best interest of the
City or may recommend rejection of all Proposals. The City Commission shall consider the City Manager's
recommendation and may approve such recommendation. The City Commission may also, at its option, reject the
City Manager's recommendation and select another Proposal or Proposals which it deems to be in the best interest
of the City, or it may also reject all Proposals.
13. NEGOTIATIONS FOLLOWING AWARD OF RFP AND AGREEMENT APPROVAL PROCESS. Following
selection, the City may enter into negotiations with the selected Bidder(s) to determine financial and other terms and
conditions, including without limitation scope of improvements, concept, program and scope of services,
insurance/bond requirements, indemnification and other customary terms, as authorized by the City Commission.
Notwithstanding the foregoing, the City is in no way obligated to enter into negotiations or a contract with any selected
Bidder and may cease negotiations at any time. It is also understood and acknowledged by Bidders that no property,
contract or legal rights of any kind shall be created at any time until and unless a definitive agreement has been
agreed to, approved by the City and executed by the parties. During the negotiation process, the City reserves the
right to request a best and final offer from the Bidders with whom the City is in negotiations.
The process for City Commission approval of the final agreement with the successful bidder shall comply
with all applicable provisions of the City Code, City Charter, and potentially, the Miami-Dade County Charter.
The approval process will vary depending on whether the selected proposal involves a lease or a concession
agreement. The approval process for either a lease or a concession agreement, as applicable, is set forth
below:
A PROPOSAL THAT CO NTEMPLATES A LEASE OF THE PROPERTY FOR A TERM OF TEN (10) YEARS OR
LONG ER W ILL REQ UIRE APPROVAL BY A MAJO RITY VOTE OF THE VOTERS IN A CITY-W IDE
REFERENDUM PURSUANT TO SECTION 1.03(8)(1) OF THE CITY CHARTER. IN ADDITIO N, ANY LEASE OF
THE PROPERTY W ILL REQUIRE APPROVAL BY A MAJO RITY OF THE RESIDENTS RESIDING IN VOTING
PRECINCTS ANY PART OF W HICH IS W ITHIN 1 MILE OF THE PARK AUTHORIZE SUCH SALE OR LEASE BY
MAJORITY VOTE IN AN ELECTIO N PURSUANT TO SE CTI ON 7-02 OF THE MIAMI-DADE COUNTY CHARTER.
A PROPOSAL THAT CONTEMPLATES A MANAGEMENT OR CONCESSION AGREEMENT HAVING A TERM
OF TEN (10) YEARS OR LONGER (INCLUDING OPTION PERIODS) FOR THE PROPERTY WILL REQUIRE
APPROVAL OF A MAJORITY 4/7 VOTE OF ALL MEMBERS OF THE PLANNING BOARD AND A 6/7 VOTE OF
THE CITY COMMISSION PURSUANT TO SECTION 1.03 (F) OF THE CITY CHARTER.
14. PREVAILING WAGE RATES. If the construction costs for the any proposed tenant/concessionaire improvements
contemplated by the Proposal project will exceed $1,500,000 in a project involving a "City construction contract",
Section 31-27 of the City Code requires that the rate of wages and fringe benefits, or cash equivalent, for all laborers,
mechanics and apprentices employed by any contractor or subcontractor on the work covered by the contract, shall
not be less than the prevailing rate of wages and fringe benefit payments or cash equivalence for similar skills or
classifications of work, as established by the Federal Register, in the City of Miami Beach, Florida. In this regard, the
agreement between the City and the successful Bidder will require the Bidder to cause its general contractor to comply
with the foregoing requirement. See Appendix D.
15. LOCAL WORKFORCE PARTICIPATION PROGRAM. If the construction costs for the any proposed
tenant/concessionaire improvements contemplated by the Proposal project will exceed $1,500,000 in a project
involving a "City construction contract", then Section 31-40 of the City Code requires the demonstration of reasonable
efforts to promote employment opportunities for local Miami-Dade County residents and seek to achieve a project
goal of having thirty percent (30%) of all construction labor hours performed by Miami-Dade County and City of Miami
Beach residents. See Appendix C.
16. RESILIENCY. If tenant/concessionaire improvements are contemplated in the Proposal, then the project shall be
designed with the objective of meeting LEED Gold or Living Building Challenge certification requirements, in
accordance with Chapter 133 of the City Code. (Resiliency Standards are set forth in Appendix D).
17. COSTS INCURRED BY BIDDERS. All expenses involved with the preparation and submission of Proposals, or
any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and expense)
of the Bidder, and shall not be reimbursed by the City.
18. RELATIONSHIP TO THE CITY. It is the intent of the City, and Bidders hereby acknowledge and agree, that the
successful Bidder is considered to be an independent contractor, and that neither the Bidder, nor the Bidder's
employees, agents, and/or contractors, shall, under any circumstances, be considered employees or agents of the
City.
19. ENVIRONMENTAL REGULATIONS. The City reserves the right to consider a Bidder's history of citations and/or
violations of environmental regulations in investigating a Bidder's responsibility, and further reserves the right to
declare a Bidder not responsible if the history of violations warrant such determination in the opinion of the City.
Bidder shall submit with its proposal, a complete history of all citations and/or violations, notices, and dispositions
thereof. The non-submission of any such documentation shall be deemed to be an affirmation by the Bidder that there
are no citations or violations. Bidder shall notify the City im m ediately of notice of any citation or violation which Bidder
may receive after the proposal opening date and during the tim e of performance of any contract awarded to it.
20. FLORIDA PUBLIC RECORDS LAW. Bidders are hereby notified that all Proposals including, without limitation,
any and all information and documentation submitted therewith, are exempt from public records requirements under
Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides
notice of an intended decision or until thirty (30) days after opening of the proposals, whichever is earlier. Additionally,
Bidder agrees to be in full compliance with Florida Statute 119.0701. Without limiting the generality of the foregoing,
Bidder shall (a) keep and maintain public records that ordinarily and necessarily would be required by the public
agency in order to perform the services; (b) provide the public with access to public records on the same terms and
conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in
this chapter or as otherwise provided by law; (c) ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as authorized by law; (d) meet all requirements
for retaining public records and transfer, at no cost, to the public agency all public records in possession of the Bidder
upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. All records stored electronically must be provided to the public agency
in a format that is compatible with the information technology systems of the public agency.
21. OBSERVANCE OF LAWS. Bidders are expected to be familiar with, and comply with, all Federal, State, County,
and City laws, ordinances, codes, rules and regulations, and all orders and decrees of bodies or tribunals having
jurisdiction or authority which, in any manner, may affect the scope of services and/or project contemplated by this
RFP (including, without limitation, the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC
Uniform Guidelines, and all EEO regulations and guidelines). Ignorance of the law(s) on the part of the Bidder will in
no way relieve it from responsibility for compliance.
22. CONFLICT OF INTEREST. All Bidders must disclose, in their Proposal, the name(s) of any officer, director, agent,
or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach.
Further, all Bidders must disclose the name of any City employee who owns, either directly or indirectly, an interest
of ten (10%) percent or more in the Bidder entity or any of its affiliates.
23. E-VERIFY. As a contractor you are obligated to comply with the provisions of Section 448.095, Fla. Stat.,
"Employment Eligibility." Therefore, you shall utilize the U.S. Department of Homeland Security's E-Verify system to
verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and
shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise
utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new
employees hired by the subcontractor during the Contract term.
24. PERISCOPE S2G (FORMERLY BIDSYNC). The Procurement Department utilizes Periscope S2G, Supplier-to-
Government electronic bidding (e-Bid) platform. If you would like to be notified of available competitive solicitations
released by the City you must register and complete your vendor qualifications through Periscope S2G, Supplier-to-
Government www.bidsync.com/Miami-Beach. Registration is easy and will only take a few minutes. For detailed
instructions on how to register, complete vendor qualifications and submit electronic bids visit
https://yww.miamibeachfl.goy/city-hall/procurement/for-approval-how-to-become-a-vendor/,
Should you have any questions regarding this system or registration, please visit the above link or contact Periscope
S2G, Supplier-to-Government at support@bidsync.com or 800.990.9339, option 1, option 1.
SECTION 0200 GENERA L CONDITIONS
FORMAL SOLICITATIONS TERMS & CONDITIONS· GOODS AND SERVICES. By virtue of submitting a proposal
in response to this solicitation, Bidder agrees to be bound by and in compliance with the Terms and Conditions for
Services (dated 10/27/2022), incorporated herein, which may be found at the following link:
https://www.miamibeachfl.gov/city-hall/procurement/standard-terms-and-conditions/
SECTIO N 0300 PRO PO SAL SUBM ITTA L INSTRUCTIO NS AND FO RM AT
1. ELECTRO NIC RESPO NSES (O NLY). Proposals must be submitted electronically through Periscope S2G
(formerly Bid Sync) on or before the date and time indicated in Section 0100, Sub-sections 5 and 6. Hard copy
proposals or proposals received through email or facsimile are not acceptable and will be rejected.
A Bidder may submit a modified proposal to replace all or any portion of a previously submitted proposal until the
deadline for proposal submittals. The City will only consider the latest version of the proposal submitted.
Electronic proposal submissions may require the uploading of attachments. All documents should be attached as
separate files in accordance with the instructions included in Section 4, below. Attachments containing embedded
documents or proprietary file extensions are prohibited. It is the Bidder's responsibility to assure that its bid, including
all attachments, is uploaded successfully in Periscope S2G.
For instructions on submitting proposals in Periscope S2G, see Appendix E.
2. SUBMITTAL OF REQUIRED FORMS. Failure to submit the following required forms WITH THE PROPOSAL shall
result in a determination of non-responsiveness. Non-responsive proposals will not be considered.
Financial Proposal (Tab 7). Failure to submit the Financial Proposal (Tab 7) WITH THE PROPOSAL (or on
or before the deadline for proposal submittal) shall result in a determination of non-responsiveness.
3. OMITTED OR ADDITIONAL INFORMATION. Following the receipt of proposals, with the exception of the Financial
Proposal, the City reserves the right to seek any omitted information/documentation or any additional information
from Bidder or other source(s), including but not limited to: any firm or principal information; applicable licensure;
resumes of relevant individuals; client information; financial information (including, but not limited to, annual
reviewed/audited financial statements with the auditors notes); litigation history or any information the City deems
necessary to evaluate the capacity of the Bidder to perform in accordance with contract requirements. Failure to
submit any omitted or additional information in accordance with the City's request shall result in proposal being
deemed non-responsive.
4. ELECTRONIC PROPOSAL FORMAT. In order to maintain comparability, facilitate the review process and assist
the Evaluation Committee in review of proposals, it is strongly recommended that proposals be organized and tabbed
as specified below. The electronic submittal should be tabbed as enumerated below and contain a table of contents
with page references. The electronic proposal shall be submitted through the "Line Items" attachment tab in Periscope
S2G.
TAB 1 , uired Documents
1.1 Cover Letter and Table of Contents. Include a cover letter that, at a minimum, clearly indicates the following
information.
1.1.1. Proposal Option(s). The cover letter must clearly indicate whether the proposal submitted is for
Option 1 or Option 2. Each Bidder may submit one (1) proposal for Option 1 (term of less than ten (10)
years) and one (1) proposal for Option 2 (term equal to or greater than ten (10) years but not more than
thirty (30) years, including options). See Section 0100, Subsection 3.1.
1.1.2. Contact Info rm ation. Submit contact information for the Bidder and Bidder's representative for all
matters pertaining to the RFP. If Bidder is a joint venture, provide the names of all parties to the joint
venture and the form and governance structure of the entity pursuant to Section 0100, Sub-section 11.
1.1.3. Principals. Submit a list of all principals for the Bidder (and joint venture partners, if applicable) and
all key team member firms. Key team member firms is defined as all subtenants/subconcessionaires that
will provide services and/or amenities at the Property (e.g., food and beverage operators).
1.1.4. Conflicts of Interest. Provide the name(s) of any officer, director, agent, or immediate family
member (spouse, parent, sibling, and child) of Bidder or any other key team member firm who is also an
employee, elected or appointed official of the City of Miami Beach. Further, all Bidders must disclose the
name of any City employee, elected or appointed official who owns, either directly or indirectly, an interest
of ten (10%) percent or more in the Bidder entity or any of its affiliates.
1.2 Organizational Chart. Include an organizational chart that depicts the lines of authority and communication
between the Bidder and other key team member firms. Include a narrative for the Bidder and each key team
member firm that identifies major responsibilities.
1.2.1 Key Personnel of the Bidder and Key Team Member Firms. Identify all key personnel of the
Bidder and key team member firms who will be assigned to the Project and their intended roles and
responsibilities on the organizational chart.
1.3 Responsible Contractor Affidavit (RCA). If the estimated construction costs for any proposed
tenant/concessionaire improvements exceed $1,500,000, as a condition of being responsive to the requirements of the
solicitation and eligible to be considered for award, the Bidder shall submit a Responsible Contractor Affidavit
(Appendix C) affirming that it will make its best reasonable efforts to promote employment opportunities for Miami-
Dade County residents by seeking to achieve a project goal of having thirty percent (30%) of all construction labor
hours performed by Miami-Dade County residents. The Bidder shall also affirm that it will make its best reasonable
efforts to promote employment opportunities for Miami Beach residents.
1.4 Minimum Eligibility Requirements. Submit the required documentation confirming that the Bidder meets or
exceeds the minimum eligibility requirement established in Appendix A, Section A 1. Bidders that fail to comply with
minimum requirements shall be deemed non-responsive and shall not have its Proposal considered.
TAB2 Qualifications
2.1 Qualifications of the Bidder. For the Bidder identified in the organizational chart, provide the following
information. If the Bidder is a Joint Venture, provide the information for each member of the Joint Venture.
2.1.1. Company Information. Provide background information, including company history, years in
business, number of employees, and any other information communicating capabilities and experience.
(recommend 1 page).
2.1.2. Previous Experience of the Bidder. For the Bidder and/or its principals and each member of the
joint venture, if applicable, provide evidence of similar experience for which it has been contracted within
the last ten '10} rears. Similar experience is defined in Ay endix A, Section A1. For each roject include
pro ject nam e, pro ject details and location, owner/client nam e (specify whether public or private), key
contact/pro ject representative and contact info rm ation.
2.2 Qualifications of the Other Key Team Member Firms. For any key team member firm, including food and
beverage operators and other subtenants/subconcessionaires that will provide services and/or amenities at the
Property, as applicable, identified in the organizational chart as key firms, provide the following information.
2.2.1. Company Information: Provide background information, including company history, years in
business, number of employees, and any other information communicating capabilities and experience
(recommend 1 page).
2.2.2. Previous Similar Experience of Key Team Member Firms. For the other key firms and/or their
principals, provide evidence of similar experience for which it has been contracted within the last ten (10)
years. For each project include project name, project details, name of public entity (if applicable), and the
entity's project representative and contact information.
2.3 Previous Collaborative Experience of Bidder and Other Key Team Member Firms. Provide a list of projects
that the Bidder and the key team member firms have completed jointly (as a team). For each project, include project
name; project details; name of owner/client entity (specify whether public or private); and the entity's project
representative and contact information.
2.5 Unique Qualifications. Identify any additional or unique resources, capabilities, or assets which the Bidder
and its team would bring to this Project.
2.6 Regulatory Compliance. Submit a complete history of all environmental and regulatory citations and/or
violations, notices and dispositions thereof. The non-submission of any such documentation shall be deemed to
be an affirmation by the Bidder that there are no citations or violations.
e of Services
Include detailed responses to the following:
3.1 Programming and Services. Indicate the proposed programming, services and amenities to be provided,
including all uses and the percentage and square footage for each use, and explain how the Bidder will maximize
the use of the Property while maintaining compatibility with the surrounding neighborhood. For each use defined,
indicate the services that will be provided by the Bidder or a key team member firm.
3.2 Required Parking. Indicate how the Bidder will comply with parking requirements for the proposed program.
3.3 Hours of Operation. Describe proposed hours of operation for the establishment and steps Bidder will take to
ensure its operations do not disturb residents and other businesses in the vicinity of the Property.
TAB4 Desi n & Tim eline
4.1 Conceptual Design. Provide conceptual architectural diagrams of floor plans, elevations, and renderings of
the proposed project. It is expected that the conceptual design will further the City's design standards and
continue the City's legacy as a home to many architecturally significant buildings designed by nationally and
internationally recognized architects.
4.2 Best Practices in Design. If tenant/concessionaire improvements are contemplated, submit detailed
information on the best practices in architecture, urban design, historic preservation, or other best practices relating
to multi-purpose facilities the Bidder and its team have utilized on previous engagements and intends to deploy in
the proposed project.
4.3 Resiliency. If tenant/concessionaire improvements are contemplated, the project shall be designed with the
objective of meeting LEED Gold or Living Building Challenge certification requirements, in accordance with
Chapter 133 of the City Code. If significant tenant/concessionaire improvements will not be made, then the
Bidder should nevertheless endeavor to incorporate resiliency elements into its concept plan. In this Tab, if
significant tenant/concessionaire improvements are contemplated, provide Bidder's approach for meeting or
exceeding the Resiliency Standards set forth in Appendix D; if significant tenant/concessionaire improvements
are not contemplated, specify how the resiliency elements are to be incorporated in the Bidder's conceptual
design.
4.4 Project Timeline. Provide a comprehensive development timeline (subdivided into phases, if necessary),
identifying the estimated length of time to reach milestones. Address the specific parking plan timeline and, if
a licable, how the disru tion and diminution of arkin durin construction/develo ment will be miti ated.
TABS Public Benefit
5.1 Public Benefit. Submit detailed information on the public benefits included in the proposal which may include
without limitation the following:
• Beach access and discounts for residents.
• High quality events that attract domestic and international visitors while complementing the quality of life
in the neighborhood.
• Other significant community benefits, including but not limited to providing opportunities for enhancing the
resident experience.
• Fund in for environmental Initiatives includin but not limited to dune maintenance, sea turtles, etc.
T A B 6 F in a n c ia l P ro o s a l
6 .1 R e m u n e ra ti o n to th e C ity . Submit detailed schedule, including initial payment and ongoing annual payments
to the City for the duration of the term proposed. Responses should indicate, as applicable:
1) The desired agreement term for Option 1 and Option 2, provided, the term of any agreement(s) proposed in
connection with Option 1 must be less than 10 years and the term and the term for any agreement(s) proposed
in connection with Option 2 must be equal to or greater than ten (10) years but not more than thirty (30) years
(including options).
2) Any upfront payment to the City.
3) The schedule of proposed minimum guaranteed rent, annual escalator, and percentage gross revenues
throughout the term.
4) A summary of any other payments or compensation proposed, including payments proposed for the use by
Bidder of any available parking spaces in the lot that abuts the Property (refer to 3.2, above for additional
information).
Tab 7 Financial Capabilities and Special Considerations (Not Reviewed by Evaluation
Committee
The following information is to be used for the City's due diligence but will not be evaluated by the
Evaluation Committee. The City Manager, at her sole discretion, may consider this information in
accordance with Section 011, Sub-section 11.
8.1 Financial Capabilities. Provide the Bidder's (or each joint venture partner's, if applicable) most recent annual
reviewed/audited financial statement with the auditor's notes. Such statements should include, as a minimum,
balance sheets (statements of financial position) and statements of profit and loss (statement of net income). Also
provide financial information for any for any other equity investor included in the proposal, as well as related
information concerning the equity investor's track record with similar developments.
8.2 Financing Plan. Specify the planned level of Bidder equity participation, planned level and identification of
known third-party equity participation, planned level of third-party equity that needs to be raised, expected financing
role of the manager/operator, the structure for and amount of third-party debt, relationships and history with lenders,
and the willingness to provide the required level of any anticipated debt guarantees.
8.3 Proforma. Provide a detailed financial proforma for the project (including assumptions for the amortization
period of any debt service and, at a minimum, modeling for the initial term proposed) and details of planned capital
investment(s).
8.4 Estimated Cost of Tenant/Concessionaire Improvements. Provide a summary of anticipated investment
to be made in tenant/concessionaire improvements (if any).
8.5 Variances. Bidders must clearly articulate any variances, modifications, amendments or waivers to current
zoning, the Comprehensive Plan or Land Development Regulations that are necessary to accommodate the
proposed project.
SECTIO N 0400 PRO PO SAL EVALUATIO N
1. EVALUA TIO N CO M M IT TEE. An Evaluation Committee, appointed by the City Manager, may meet to evaluate
each Proposal in accordance with the qualitative criteria set forth below. In doing so, the Evaluation Committee may
review and score all proposals received, with or without requiring presentations. It is important to note that the
Evaluation Committee is advisory only and does not make an award recommendation to the City Manager or the City
Commission. The City Manager will utilize the results to take one of the following actions:
a. In the event that only one responsive proposal is received, the City Manager, after determination that the
sole responsive proposal materially meets the requirements of the RFP, may, without an evaluation
committee, recommend to the City Commission that the Administration enter into negotiations; or
b. The City Manager may recommend that the City Commission authorize negotiations or award a contract
to one or more firms in accordance with Section 0100, Sub-section 12; or
c. The City Manager may recommend that the City Commission short-list one or more firms for further
consideration, which may include additional presentations, by the Evaluation Committee.
2. TECHNICAL ADVISORS. The City, at its discretion, may utilize technical or other advisers to assist the evaluation
committee or the City Manager in evaluating proposals.
3. EVALUATION OF QUALITATIVE FACTORS (QUALIFICATIONS, PROGRAMMING, DESIGN & RESILIENCY,
PUBLIC BENEFIT, AND FINANCIAL PROPOSAL). The Evaluation Committee shall only consider qualitative
factors in Tabs 2, 3, 4, 5, and 6. The Evaluation Committee shall not consider quantitative factors (e.g., exceptions
to the lease agreement) in its review of proposals. The Evaluation Committee's role is solely in an advisory capacity
to the City Manager. The results of the Evaluation Committee process do not constitute an award recommendation.
The City Manager may utilize, but is not bound by, the results of the Evaluation Committee process, as well as
consider any feedback or information provided by staff, consultants or any other third-party, as well as consideration
of the quantitative factors, in developing an award recommendation to be presented to the City Commission for
consideration. In its review of proposals received, the Evaluation Committee may review and score all proposals, with
or without conducting interview sessions, in accordance with the following criteria. The Procurement Department will
assign points for Veteran's Preference, pursuant to Section 2-374 of the City Code, as applicable.
Qualitative Criteria M • p · t
(p · t A · d b E ii c ·tt ) ax1mum om s oIns sslgne y ·valuauon ommtee
Qualifications (Tab 2) 25
Programming and Scope of Services (Tab 3) 25
Design & Timeline (Tab 4) 15
Public Benefit (Tab 5) 15
Financial Proposal (Tab 6) 20
TOTAL AVAILABLE POINTS for Qualitative Criteria
Quantitative Criteria
(Points Assigned by Procurement Department) Maximum Points
Veteran's Preference Points
TOTAL AVAILABLE POINTS for Qualitative and
Quantitative
4. EVALUA TIO N CO M M ITTEE RA NKING FO R Q UA LI TATIV E AND Q UANTITATIVE CRITERIA . The sum of
qualitative and uantitative scores will be converted to rankin sin accordance with the exam le below.
82 76 80
Committee 22 15 12
Member1 104 91 92
Rank 1 3 2
Qualitative Points 79 85 72
Committee Quantitative Points 22 15 12
Member2 Total 101 100 84
Rank 1 2 3
Qualitative Points 80 74 66
Committee Quantitative Points 22 15 12
Member2 Total 102 89 78
Rank 1 2 3
Low Aggregate Score 3 7 8
Final Ranking* 1 2 3
5. DETERMINATION OF AWARD. Refer to Section 0100, Sub-section 12.
APPENDIX A
MIAMI BEACH
Project Information &
Requirements
REQUEST FOR PROPOSALS (RFP) 2023-479-KB
MANAGEMENT AND OPERATION OF A HIGH-END BEACH
ESTABLISHMENT
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3d Floor
Miami Beach, Florida 33139
A1. M inim um Eligibility Requirem ents. The Minimum Eligibility Requirements for this solicitation
are listed below. Bidder shall submit the required submittal(s) documenting compliance with each
minimum requirement. Bidders that fail to comply with minimum requirements shall be deemed non-
responsive and shall not have its bid considered.
1. The Bidder or a principal shall demonstrate at least five (5) years of experience (within the
last ten (10) years) in managing or operating a beach establishment, beach concession or a
similar operation. Similar operation shall mean a recreational facility or concession whose
purpose is to cater to patrons by providing recreational options (e.g., beach/pool access,
spa services, etc.) and food/beverage options at a cost. The determination of similar
experience shall be solely at the City Manager's discretion.
Required Documentation: Bidder shall submit proof of the minimum experience
requirement, including project name, brief description, dates of service, owner/client,
owner/client representative and contact information.
A2. Project Site & Development Information.
1. Site Legal Description(s). ALL LEGAL DESCRIPTIONS INCLUDED HEREIN HAVE NOT
BEEN VERIFIED AND ARE SUBJECT TO MODIFICATION.
The existing Lease contains the following legal description:
Located at One Ocean Drive, the current restaurant venue occupies lots 2, 3, 4, and 5 of
Block 112, Ocean Beach Addition No. 4, recorded in Plat Book 3, Page 151 of the Public
Records of Dade County, Florida, described as follows: Starting at a point, said point being
the intersection of the Erosion Control Line and the easterly extension of the northerly line
of Lot 3, thence run 100' in a westerly direction along the extension of the northerly line of
said Lot 3 to the Point of Beginning, thence run in a westerly direction from said Point of
Beginning along the northerly line of said Lot 3 a distance of 65', thence run northerly 36',
thence westerly 71 ', thence southernly 71 ', thence easternly 36', thence southernly 115',
thence run in an easterly direction along the southerly line of Lot 5 a distance of 100', then
run in a northerly direction a distance of 150' to the Point of Beginning.
The 1985 Concession Agreement contains the following legal description:
The concession area is a parcel of land located in the easterly extension of Lots 1, 2, 3, 4,
and 5, Block 112, OCEAN BEACH ADDITION No. 4, according to the plat thereof, recorded
in Plat Book 3, at Page 151, Public Records of Miami-Dade County, Florida and more
particularly described as follows: Commence at the point of intersection of the center line of
1st Street, and the Erosion Control Line of the Atlantic Ocean, recorded in Plat Book 105, at
Page 62, Public Records of Miami-Dade County, Florida; thence South 7° 19' 15" West,
along the Erosion Control Line for a distance of 25.05 feet to the POINT OF BEGINNING of
the tract of land herein described; thence continue South 7° 19' 15" West, along the Erosion
Control Line for a distance of 279.23 feet to the point of intersection with the northerly right
o f-w a y lin e o f Biscayne Street (now South Pointe Drive); thence South 87° 39' 11" W est,
along the northerly right-of-way line of Biscayne Street (now South Pointe Drive) for a
d is ta n c e o f 16 0 .3 0 fe e t; th e n c e N o rt h 5 0 ° 4 7' 3 8 " W e s t fo r a distance of 79.80 feet; thence
N o rt h 10 ° 4 9 ' 0 1 " E a s t fo r a d is ta n c e o f 3 8 .4 0 fe e t; th e n c e N o rt h 7 9 ° 1 O ' 5 9 " W e s t fo r a
d is ta n c e o f 18 .0 0 fe e t; th e n c e N o rt h 10 ° 4 9 ' 0 1 " E a s t fo r a distance of 6.20 feet; thence
S o u th 7 9 ° 10' 5 9' E a s t fo r a d is ta n c e o f 10 0 .0 0 fe e t; th e n c e N or th 10 ° 4 9' 0 1 " E a s t fo r a
d is ta n c e o f 1 5 0 .0 0 fe e t; th e n c e N o rt h 7 9 ° 10 ' 5 9 " W e s t fo r a d is ta n c e o f 6 5 .0 0 fe e t; th e n c e
N o rt h 10 ° 4 9 ' 0 1 " E a s t fo r a d is ta n c e o f 8 2 .0 0 fe e t to a p o in t. S a id p o in t lo c a te d in th e s o u th
ri g ht -o f-w a y line o f 1 Street; thence South 79° 10' 59" East, along the South right-of-way
line of 1st Street, for a distance of 191.89 feet to the POINT OF BEGINNING.
2. Zoning/ Allowable Uses. The site is zoned GU (Government Use) and has a future land use
designation of ROS (Recreation and Open Space). The development regulations (FAR,
height, setbacks, etc.) are an average of the surrounding districts; in this case it would be
an average of the R-PS4 and C-PS1 districts. However, the FAR cannot exceed .50, which
is the intensity limit set forth in the future land use element of the Comprehensive Plan. The
maximum building height would be 70 feet. Under current Land Development Regulations
(LDRs), the main permitted uses in the GU government use district are:
• Government buildings and uses, including but not limited to parking lots and garages.
• Parks and associated parking.
• Schools.
• Performing arts and cultural facilities.
• Monuments and memorials.
Any use not listed above shall only be approved after the city commission holds a public
hearing, providing the approved use complies with the requirements of the Comprehensive
Plan. Depending on the type of use eventually proposed, amendments to the
Comprehensive Plan may be required, as the allowable uses are fairly limited. The following
are the current applicable regulations set forth in the Comprehensive Plan:
POLICY RLU 1.1.19 RECREATION AND OPEN SPACE INCLUDING WATERWAYS
(ROS):
Purpose: To provide development opportunities for existing and new recreation and open
space facilities, including waterways.
Uses which may be permitted: Recreation and open space facilities, including waterways.
Intensity Limits: Intensity may be limited by such set back, height, floor area ratio and/or
other restrictions as the City Commission acting in a legislative capacity determines can
effectuate the purpose of this land use category and otherwise implement complementary
public policy. However, in no case shall the intensity exceed a floor area ratio on 0.5.
THE CURRENT USE OF THE PROPERTY IS NON-CONFORMING. DEPENDING UPON
THE LEVEL OF IMPROVEMENTS PROPOSED TO BE MADE AT THE BEACH CLUB,
AMENDMENT(S) TO THE CITY'S COMPREHENSIVE PLAN AND/OR LAND
DEVELOPMENT REGULATIONS COULD BE REQUIRED IN ORDER TO MAINTAIN THE
CURRENT USE. ANY NEW USES CO ULD ALSO REQ UIRE AM ENDM ENTS TO THE
C ITY'S CO M PREHENSIVE PLAN AND/O R LAND DEVELO PM ENT REG ULATIO NS.
A 3. Project Minim um Requirem ents. The proposed project shall adhere to the following
requirements. Unless otherwise stated, any deviation from the project requirements shall be
stated in the proposal.
1. No Public Participation: The City shall not provide, nor shall Bidders rely on, any public funding
or public financing for the Project. The successful Bidder shall be solely responsible for all costs
to develop or upgrade, design, permit, construct and operate the Project.
2. Reimbursement for City Costs: Bidders will be required to execute the Reimbursement
Agreement (which shall be circulated via Addendum) whereby the Bidder agrees, if selected as
the successful Bidder, to reimburse the City for the City's transactional and professional costs
and fees (including appraisals, reports, studies, and outside counsel fees, if necessary)
associated with preparation, negotiation, and drafting of the final agreements subject to a cap to
be negotiated and which will be based upon all relevant factors including, (a) the complexity of
the contemplated transaction(s), (b) whether amendments to the Comprehensive Plan and/or
LDRs are required and (c) and whether or not such transaction(s) require approval by
referendum.
3. Term: The term of the agreements awarded pursuant to the RFP shall be negotiated, provided,
the term shall commence no sooner than the expiration of the existing Lease and Concession
Agreement and shall run for (a) less than ten (10) years if a proposal submitted pursuant to
Option A is selected or (b) at least ten (10) years, but not to more than thirty (30) years, including
options if a proposal submitted pursuant to Option B is selected.
4. Parking: Currently, the parking lot that abuts the existing building includes 72 spaces for
municipal parking; the remaining spaces are used by the current tenant. Pursuant to any new
agreement(s) relating to the Property, the City must retain not fewer than 72 spaces for municipal
parking. If Bidder intends to use available spaces in the existing parking lot to satisfy any portion
of the parking requirement for its intended use, the Bidder's financial proposal should include
compensation to be paid to the City in consideration of the use of such parking.
5. No Warranties or Representations By City: Any information provided by City under this RFP
is solely to provide background information for the convenience of the Bidders. City makes no
representations or warranties, express or implied, of any kind whatsoever with respect to any of
the matters identified in this RFP or exhibits thereto, including but not limited to the matters
referenced herein or in any subsequent addendum to the RFP.
6. Other Requirements: Proposals shall be guided by the Land Development Regulations,
however proposed changes to the Land Development Regulations and/or the City's
Comprehensive Plan will be considered. Proposals requesting amendments to the Land
Development Regulations and/or Comprehensive Plan must explicitly specify the amendments
being sought. Refer to sub-paragraph 2 in Section A.2 above for information regarding existing
non-conforming use and amendments that may be required with regard to the same uses in the
future.
7. Project Design: To the fullest extent possible, the design of the Project must complement its
surroundings and minimize its impact on the neighborhood, as reasonably determined by City.
The design approach should enhance the atmosphere with significant market presence, unique
architectural features, public art and quality materials, finishes and trim.
8. Art in Public Places. Bidder shall comply with the City's Art In Public Places (AIPP) program
requirements under Section 82-536 through 82-612 of the City Code, as applicable, and shall
contribute to the City's Art in Public Places fund the total amount of 2% of the "construction cost"
(as defined in Section 82-537 of the City Code) of tenant/concessionaire improvements, no later
than date of execution of the construction agreement related to such tenant/concessionaire
improvements.
9. Site Considerations:
a. The City's interest in the Property, if awarded pursuant to this RFP, will not at any time be
subject or subordinate to any mortgage or any other liens or encumbrances hereafter affecting
Bidder's interest, if any, in the improvements. City shall at all times have a first priority right to
payment of rent/concession fees and/or other payments or consideration due to City under any
agreement(s) for the use and occupancy of the Property.
b. The Bidder must accept each of the Property and the Concession Area in its "AS IS" condition,
with all faults and patent or latent defects, and with no representation or warranties by City of
any kind whatsoever with respect to Property or Concession Area or the condition, feasibility,
value, or financial prospects of any proposal by Bidder.
c. The rights granted under the agreement(s) shall be non-exclusive and City reserves the right
to grant similar privileges and similar agreements on other City-owned or leased property, and
to take any and all actions that City is permitted to take under federal, state, and local law.
d. Tenant/concessionaire improvements must be developed to comply with the City's Resiliency
Standards attached as Appendix C.
10. Sponsorship Contract Requirements. Any agreement(s) resulting from this RFP shall be
subject to any exclusive sponsorship or marketing agreements that are currently in effect, or that
may become effective, during the term of the agreement, including but not limited to the City's
current agreements with Pepsi Co. (exclusivity in the non-alcoholic beverages category (i.e.
soda, water, juice, isotonics, protein, kombucha, iced tea, iced coffee, etc., but excluding hot
coffee (dispensed), hot tea and hot cocoa) and Red Bull (exclusivity in the energy drinks
category).
A P PE N D IX B
MIAMI BEACH
Facilities Condition
Assessment
REQUEST FOR PROPOSALS (RFP) 2023-479-KB
MANAGEMENT AND OPERATION OF A HIGH-
END BEACH ESTABLISHMENT
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3d Floor
Miami Beach, Florida 33139
APPENDIX C
MIAMI B EACH
Prevailing Wage and Local
Workforce Participation
Program and Wage
Determination
REQUEST FOR PROPOSALS (RFP) 2023-479-KB
MANAGEMENT AND OPERATION OF A HIGH-
END BEACH ESTABLISHMENT
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3d Floor
Miami Beach, Florida 33139
A P P EN D IX D
MIAMI B EACH
Resiliency Standards
REQUEST FOR PROPOSALS (RFP) 2023-479-KB
MANAGEMENT AND OPERATION OF A HIGH-END
BEACH ESTABLISHMENT
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3d Floor
Miami Beach, Florida 33139
APPENDIX E
MIAMI BEACH
CBRE Appraisal
REQUEST FOR PROPOSALS (RFP) 2023-479-KB
MANAGEMENT AND OPERATION OF A HIGH-END
BEACH EST AB LIS HM ENT
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
APPENDIX F
M IAMI BEACH
Cushman Wakefield
Appraisal
REQUEST FOR PROPOSALS (RFP) 2023-479-KB
MANAGEMENT AND OPERATION OF A HIGH-END
BEACH ESTABLISHMENT
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3d Floor
Miami Beach, Florida 33139
A PPENDIX G
MIAMI BEACH
Proposal Certification
Questionnaire and
Requirements Affidavit
IF THE BIDDER IS A JOINT VENTURE, EACH MEMBER OF THE JOINT VENTURE MUST SUBMIT AN
EXECUTED PROPOSAL CERTIFICATION QUESTIONNAIRE AND REQUIREMENTS AFFIDAVIT WITH
THE PROPOSAL OR UPON REQUEST BY THE PROCUREMENT DEPARTMENT.
REQUEST FOR PROPOSALS (RFP) 2023-479-KB
MANAGEMENT AND OPERATION OF A HIGH-END
BEACH ESTABLISHMENT
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3d Floor
Miami Beach, Florida 33139