HomeMy WebLinkAboutSummary FormDate: 01/26/2012
AGENDA ITEM.SUMMARY FORM
FILE ID: la- Not( 3
Requesting Department: Bayfront Park Management Trust
Commission Meeting Date: 3/08/2012 District Impacted: 2
Type: ® Resolution ❑ Ordinance ❑ Emergency Ordinance ❑ Discussion Item
Law Department
Matter ID No.
11-1618
Subject: Concession License Agreement ("Agreement") with Conway Tours dba Big Bus Tours/Gray line a
Florida Limited Liability Company ("Concessionaire") for the operation of hop on, hop off tour bus operation
from Bayfront Park.
Purpose of Item:
A Resolution of the City of Miami Commission, accepting the recommendation of the Bayfront Park
Management Trust to enter into a Concession License Agreement in substantially the attached form with
Conway Tours d/b/a Big Bus Tours/Gray line a Florida Limited Liability Company with terms and conditions
more specifically set forth in said agreement.
The Trust issued a Request for Proposals -- No. 263248 -- (the "RFP") for Concessions/Food/Merchandise Plan
and Operations for Bayfront Park, requesting proposals from companies to establish a contract, for
Concessions/Food/Merchandise Plan(s) and Operation(s) for City of Miami's Bayfront Park who will provide a
guaranteed income to the Trust as a result of the Concession. The Concessionaire's proposal was selected as
among the top -ranked proposals to provide the Concessions/Food/Merchandise Plan and Operations for
Bayfront Park, and was selected as among the most qualified firm with whom to negotiate a contract. The
Trust, at its June 21, 2011, board meeting, accepted the recommendation of the Evaluation committee to
authorize the Executive Director to enter into negotiations with the three respondents to the RFP for an
agreement. A concession license agreement has been negotiated and the Concessionaire is willing and able
to manage and operate such Concession in the Park based upon the terms and conditions contained therein.
See "Terms" page 2
Background Information:
Budget Impact Analysis
Is this item related to revenue? Yes
Is this item an expenditure? If so, please identify funding source below. N.A.
General Account No:
Special Revenue Account No:
CIP Project No:
Is this item funded by Homeland Defense/Neighborhood Improvement Bonds? N.A.
Start Up Capital Cost:
Maintenance Cost:
Total Fiscal Impact:
+$36,000.00 annual minimum to Trust
Final Approvals
(SIGN AND DATE)
CIP N/A Budget N/A
If using or receiving capital funds
Grants N/A Risk Management
Purchasing Dept. Director
Chief -_city-Mawagerr
Page 1 of 3 Malty gy m XrZi vQ. tl¢cio I
Subject: Concession License Agreement ("Agreement") with Conway Tours dba Big Bus Tours/Gray line a
Florida Limited Liability Company ("Concessionaire") for the operation of hop on, hop off tour bus operation
from Bayfront Park,
Parties:
Purpose:
Revenue:
Scope:
City of Miami, Bayfront Park Management Trust ("Trust") and Conway Tours, Inc, d/b/a
Big Bus Tours/Gray Line, a Florida limited liability company.
The Trust desires to have tour bus and transportation services ("the Concession")
service the Park, which in -turn will attract more City residents and tourists to the Park
while improving their access to and enjoyment of the park, and Conway Tours, Inc.
d/b/a Big Bus Tours/Gray Line, a Florida limited liability company, has agreed to provide
same.
The Concessionaire agrees to pay the Trust an aggregate Trust Fee, in the
manner and upon the conditions hereinafter provided:
(a) a Concession Fee during each Concession Agreement Year, including
any extension hereof, in an amount equal to $36,000 annually (the "Concession
Fee"), which shall be paid in equal monthly payments of $3,000. In subsequent years,
the Concession Fee shall increase in accordance with increases with the Consumer
Price Index (CPI) or by 3%, whichever amount is greater. The CPI shall be determined
by the last 12 month unadjusted percentage change in the Consumer Price Index
calculated by the Bureau of Labor Statistics of the U.S. Department of Labor for the
South Florida region. Concession Fee is subject to State of Florida Sales Tax,
currently at 7%.
(b) 5% of Ticket revenue originating in Park
(c) Returned Check Fee; and
(d) all Additional Fees.
• Concessionaire shall perform and furnish all services, personnel, and systems, equipment
and materials necessary to operate a hop -on, hop -off tour bus operation from Bayfront
Park.
Trust Use/Ticket Programs:
Rights of Entry:
Signage:
Term:
• Within thirty (30) days of commencement of each Concession Agreement Year, the
Concessionaire shall provide the Trust with one hundred (100) Complimentary Tickets to the
Concession per year.
• The Trust shall have the right to enter the Facility to inspect it and to observe
concessionaire's performance of its obligations.
• The Concessionaire shall be permitted to have a maximum of three (3) promotional signs
within the Park, which includes one promotional sign in the Concession Area. The Executive
Director shall approve, in his or her sole discretion, the placement of the Concessionaire's
promotional signs in the Park and determine its compatibility with the appearance of the
Park.
• The initial term of this management agreement is five (5) years.
• Agreement may be extended for two (2) additional five-year periods upon the same terms
and conditions contained therein.
Page 2 of3
Termination:
• Either party may terminate this Agreement at its sole option, for any reason whatsoever,
upon at least thirty (30) days written notice to the other Party. Upon such termination, the
Concessionaire agrees to waive any claims for damages, including loss of anticipated fees
and profits, arising out of the termination of this Agreement.
Security/Deposit:
Locations:
• The Concessionaire shall deposit with the Trust the sum of $9,000 equal to three (3) months
concession Fee as a security deposit (the "Deposit"). At least one-half (1/2) of the Deposit,
or an amount not less than $4,500, shall be paid within five (5) days after the Agreement is
approved by the City Commission, with the remaining balance payable no later than five (5)
days prior to Concessionaire's placement of any equipment, modifications, or any personal
property on the Park, necessary to manage and operate the Concession.
• The Concessionaire requires two sales/kiosk locations: 1) adjacent to the north end dock at
eastern end of service road and (2) northwest corner of the park at Northeast Third Street &
Biscayne boulevard.
Restoration of Facility
• The Concessionaire shall return all facilities, equipment and other items furnished by the
Trust, including any portion of the Park that may have been used by the Concessionaire, in
the condition in which received, reasonable wear and tear excepted. It is agreed that, upon
the expiration of the Term or earlier termination of this Agreement, Concessionaire shall be
responsible for restoring the portions of the Park to their original condition.
Indemnification:
Insurance:
• Concessionaire shall indemnify the City/Trust and Army Corps of Engineers.
• Concessionaire shall maintain insurance coverage in the amounts deemed appropriate by
the City's Risk Management Department,
Transfer/Assignments:
Exclusivity:
• The Concessionaire shall not sell, assign or otherwise transfer the Concession or any rights
and privileges under this Agreement or its ownership or control of the Concession to a third
party without the written consent of the Bayfront Park Management Trust, which may be
withheld.
• The Trust represents, warrants and covenants to the Concessionaire that no other hop -on,
hop -off bus tour operator will be contracted on or from the real property known as Bayfront
Park during the Term of this agreement.
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