HomeMy WebLinkAboutBoucher Brothers Concession Agm AMENDMENT TO
AMENDED AND RESTATED
CONCESSION AGREEMENT BETWEEN
CITY OF MIAMI BEACH, FLORIDA AND
BOUCHER BROTHERS MIAMI BEACH LLC
FOR MANAGEMENT AND OPERATION OF BEACHFRONT CONCESSIONS
PURSUANT TO REQUEST FOR PROPOSALS NO. 22-00/01
THIS AMENDMENT TO THE AMENDED AND RESTATED CONCESSION
AGREEMENT made the 11th day of January, 2006, but effective as of November 5,
2006 (the "Effective Date"), between the CITY OF MIAMI BEACH, a municipal
corporation of the State of Florida (hereinafter called "City"), having its principal address
at 1700 Convention Center Drive, Miami Beach, Florida, 33139, and BOUCHER
BROTHERS MIAMI BEACH LLC, a limited liability company of the State of Florida, with
offices at 420 Lincoln Road, Suite 265, Miami Beach, Florida, 33139 (hereinafter called
"Concessionaire").
WITNESSETH
WHEREAS, on February 21, 2001, the Mayor and City Commission of the City
of Miami Beach, Florida (City), authorized the issuance'of a Request for Proposals
(RFP) for the operation and management of beachfront concessions on the beaches
seaward of Lummus Park, Ocean Terrace, and North Shore Open Space Park, and
same was subsequently issued; and
WHEREAS, on July 18, 2001, the Mayor and city Commission authorized the
City Administration to negotiate with Boucher Brothers Miami Beach LLC, as the
successful proposer; and '
WHEREAS, the City Administration successfully negotiated said Concession
Agreement with Boucher Brothers Miami Beach, LLC, for the operation and
management of beachfront concessions including beach equipment rentals, food and
beverage sales, and watersport rentals on the beaches seaward of Lummus Park,
Ocean Terrace and North Shore Open Space Park; said Agreement commenced on "~
November 5, 2001, and is set to expire November 4, 2006, with an option to renew for
an additional five (5) year term as provided herein; and
WHEREAS, said Concession Agreement provided for the City and Boucher
Brothers Miami Beach LLC, after the end of each contract year, to meet to review their
performance for the previous contract year to discuss and address quality, operational,
maintenance and other issues; and
WHEREAS, as a result of Said review process, the City and Boucher Brothers
Miami Beach LLC entered into the Amended and Restated Concession Agreement
dated May 18, 2005 (the "Amended and Restated Agreement"); and
WHEREAS, on November 10, 2005, the City's Finance and City Wide Projects
Committee did not recommend reopening any issues with respect to the renewal term
under the Amended and Restated Agreement, except for certain "value added"
enhancements offered by Boucher Brothers, and that the balance of the prOvisions of
the Amended and Restated Agreement will not change, and as same relate to the
acquisition of new capital equipment, ancillary concession-related capital improvements,
and minimum monetary guarantee will remain as provided in Exhibit 1.2 thereof;
NOW THEREFORE, in consideration of the premises and the mutual covenants
and conditions herein contained and other good and valuable consideration, the receipt
and adequacy of which are hereby conclusively acknowledged, it is agreed by the
parties hereto to amend the Amended and Restated Agreement as fOllows effective as
of the Effective Date:
1. In accordance with the provisions of Section 1.2 of the Amended and Restated
Agreement, and following written notice from Concessionaire to the City, as provided
therein, the parties hereby agree to extend the term of said Agreement for the additional
five (5) year renewal term, as also provided in said Section 1.2. Accordingly, said
renewal term shall commence on November 6, 2006 and terminate on November 5,
2011.
J
Section 3 is amended to add a new Section 3.9 as follows:
3,9
Value Added Enhancements.
Concessionaire agrees to provide the following additional "value added"
enhancements:
a.
An annual donation to the City, in the amount of five thousand
($5000) dollars per year, throughout the renewal term, to be utilized
by the City for scholarships and contributions to philanthropic
organizations with emphasis on marine related and children-related
recipients, based upon final determination as to recipient
organization by the City.
bo
An annual donation to the City, in the amount of five thousand
($5000) dollars per year, throughout the renewal term, to be utilized
by the City in support of environmental organizations and/or
programs such as Environmental Coalition of Miami Beach
(ECOMB), based upon final determination as to recipient
organization by the City.
All monetary donations, as delineated in 3.9(a) and 3.9(b) above,
shall be submitted to the City, in full, at the commencement of each
contract year, as defined in Subsection 1.1 of the Amended and
Restated Agreement.
C,
Assistance (throughout the renewal term) in supervision of
cleanliness in Lummus Park (including the area outside of the
Concession Area(s) beginning at the west foot of the sand dunes
and extending westerly to, and including the east sidewalk of
Ocean Drive. Additionally, Concessionaire will provide, at its sole
and expense, sand sifting equipment (as reflected in Exhibit A
hereto) and staff appropriately certified to operate same (within
Concession Areas), as an additional requirement of its
maintenance responsibilities.
d.
Concessionaire shall establish and.maintain, throughout the
renewal term, a lounge chair towel program in the "Luxury" areas of
the Concession Areas that would provide for the promotion of the
City of Miami Beach (an example is attached hereto as Exhibit B).
Said "promotional towel" program would provide for a minimum of
600 imprinted lounge chair towels (which shall be replaced with 600
new imprinted towels at least once during the five (5) year renewal
term), with the content of the imprinted message to be determined
by the City, at its sole discretion.
.
Except as amended hereby, the Amended and Restated Agreement remains in
full force and effect and is reconfirmed for all purposes.
,
This Agreement may be executed in counterparts and facsimile signatures are as
effective as an original signature and constitute valid delivery thereof.
IN WITNESS WHEREOF, the parties hereto have caused their names to be
signed and their seals to be affixed, all as of the day and year first above written,
indicating their agreement.
Attest:
Attest:
City Clerk
Robert Parcher
(Print Name land Title of Sign~ory) /
CITY OF MIAMI BEACH, FLORIDA
~'i'ce-Mavor R IC~.~O .5'7'~1
BOUCHER B~~~ACH LLC
Si~l~ature
- 1 (Print Name and Title of Signatory)
APPROVED AS TO
FORM & LANGUAGE
F: \ DDHP \ $ALL\ ASSET\ BEACHFRN \ PUBLIC \ RFP_2001 \ BOUCHER \ BBM BLLC_AmendmenfToAmendec~i~i~OUT~ON
DELFINO BEACHCLEANER
TECHNICAL FEATU R ES
width: 860 mm
height: 870 mm
length: 1580 mm
weight: 180 kg
characteristics
° 5.5 hp, 4 stroke engine c/w revolution regulator and super-silenced muffler.
° Working depth from 0 - 10 cm, working width: 75 cm.
° Oil bathed transmission c/w clutch.
° Equipped with separate fast disengage controls for both sifter and pick-up drum.
° Independent continuous revolution P.T.O shaft for different uses like pump, washing, compressor, electro
generator and others on request.
° It is possible to fit a small rear scraper or a small rear rake.
° Cleaning performances: 2500 m2/h.
MACHINE CONFORMING TO "CE" NORMS
Exhibit A
SAND MAN 850
ii ~ ~in~~ 3/16, 3/8, 9/16 inch / 48mm, 95mm, 143mm
34 in/86 cm
42 in / 107cm
5.3 gal/20 Itr
14 gal/54 Itr/1.9 cu. ft
33 in / 85 cm
Honda 5.5 HP air-cooled gasoline engine, 4 stroke. Two speeds in both forward &
reverse.
0-4 / 0- 0 cm
Direct gear drive (Differential lock included)
~:~:ed::: 15,000-35,000 sq./at/hr/1,400-3,200 sq.meter/hr
4 in / 10 cm
'1.1-3.4 mph / 1.8-5.5 kph
x 10.5-1 NHS Floatation
Broken glass, plastic, cigarette butts, pop-tops, straws, shells, stones, small pieces of wood
Front Plow Device: for moving and contouring. Detachable Riding Seat for transport
Front transport wheel: for transport on sidewalks
Any sandy surface including beaches, volleyball courts, sand bunkers and playgrounds.
H. Barber & Sons, Inc. warrants the SAND MAN to be free from defects in parts and
workmanship for 500 hours or one year, whichever occurs first.
Exhibit B