ANALYSIS:
The Boucher Brothers Miami Beach LLC Public Beachfront Concession Agreement, Sec. 10.1.1 came under question as it pertains to sand sifting at concession locations. This section requires that the “Concessionaire shall provide throughout the term, at its sole cost and expense, sand sifting equipment, whether manual or motorized, and staff appropriately trained and/or certified to operate same,….and continues to state that, “Sand sifting shall occur no less than two (2) times weekly in each concession area and in each of the areas outside of the Concession Areas. On or before the effective date, Concessionaire shall provide the City Manager or higher his/her designee with photographs and specifications of the sand sifting equipment it shall employ, which shall be included in exhibit 10.1.1 hereof.
This section of the Agreement was examined by the Department of Tourism, Culture and Economic Development, Division of Asset Management which oversees all concession operations and the Division of Beach Maintenance which oversee all maintenance activities on the beach. It was determined that updating and clarity related to the actual requirement should be examined.
On August 16, 2018, a revision to Section 10.1.1 was approved by the City Manager. This revision provides for hourly sifting of the Concession Areas during each day of operation and includes Buffer Zones, Lifeguard Facility Zones, Handicap Zones and perimeter areas exceeding the requirements set by the City.
| | |