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RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT IN THE AMOUNT OF $1,716,000 FOR THE INITIAL TEN-YEAR TERM WITH FLORIDA SE, INC. TO DEVELOP, LEASE AND OPERATE THE BILL BIRD MARINA RESTAURANT AT HAULOVER PARK FOR THE PARKS, RECREATION AND OPEN SPACES DEPARTMENT, AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE AN AGREEMENT FOR AND ON BEHALF OF MIAMI-DADE COUNTY AND TO EXERCISE ANY CANCELLATION AND RENEWAL PROVISIONS, AND TO EXERCISE ALL OTHER RIGHTS CONTAINED THEREIN

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WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by this reference,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board approves the execution of an agreement in the amount of $1,716,000 for the initial ten-year term with Florida SE, Inc., in substantially the form attached hereto and made a part hereof for the lease, development, and operation of the Bill Bird Marina Restaurant at Haulover Park, and authorizes the County Mayor or County Mayor�s designee to execute same for and on behalf of Miami-Dade County and to exercise any cancellation and renewal provisions and all other rights contained therein.

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Date:

To: Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor

Subject: Recommendation for Approval to Award: Bill Bird Marina Restaurant at Haulover Park
This substitute differs from the original in that Subsections D and E were added to Paragraph No. 72 on page 29 of 68 of the attached Contract No. RFP763.

STAFF RECOMMENDATION
RECOMMENDATION
It is recommended that the Board of County Commissioners (Board) award a contract to Florida SE, Inc. for the development, lease, and operation of the Bill Bird Marina Restaurant at Haulover Park.

CONTRACT NUMBER: RFP763

CONTRACT TITLE: Bill Bird Marina Restaurant at Haulover Park

TERM: Ten years with four, five-year options-to-renew

APPROVAL TO ADVERTISE: March 24, 2011

METHOD OF AWARD: To the responsive and responsible proposer whose offer results in the best value to the County.

PREVIOUS CONTRACT
AMOUNT: There is no current contract for these services.

CONTRACT AMOUNT: $1,716,000 estimated revenue to the County for the initial ten year term. If the County exercises the four, five-year options-to-renew, the cumulative value will be $7,480,000.

MANAGER'S BACKGROUND
BACKGROUND
A Request for Proposals was issued under full and open competition to acquire the services of a reputable firm to develop and operate a restaurant at Haulover Park�s Bill Bird Marina. Two proposals were received in response to the solicitation, and both were rated and ranked by an Evaluation/Selection Committee. The highest ranked firm, Florida SE, Inc. (FSE), a subsidiary of Darden Restaurants Inc. (Darden), is being recommended for award. Darden owns and operates over 1,800 restaurants nationwide, including more than 130 restaurants in Florida that are owned and operated by FSE. FSE is the entity which owns and operates all of the Bahama Breeze Restaurants, and a majority of the Red Lobster, Olive Garden, and Seasons 52 restaurants located in Florida. The proposal submitted by FSE/Darden exhibited the best approach for the designated restaurant site, which faces the west side of the park with the view of the Intercoastal. FSE/Darden has proposed to develop and operate a Seasons 52 restaurant on the site. The Seasons 52 concept is a seasonally inspired menu that changes four times a year.

The negotiation process was complex, as the County and the proposer worked through multiple issues involving design guidelines and contractual provisions. The solicitation and subsequent negotiations resulted in a best value contract that includes the following:
1. The proposer will develop a Seasons 52 restaurant, a $6.3 million investment, at no cost to the County.
2. The proposer will develop a separate public restroom facility and enhance the existing parking area (to include landscaping, employee parking, and valet parking) adjacent to the restaurant for use by Bill Bird Marina/Haulover Park patrons, as part of the firm�s $6.3 million investment.�
3. The distinctive restaurant design concept of the proposer was modified so the restaurant architecture would be complimentary with Haulover Park�s established �Streamline Moderne� Art Deco design guidelines.
4. The County negotiated an increase of $739,000 in revenue from the original proposal for the initial ten year lease term. This represents a total increase in revenue of $2,791,000, if the County exercises the four, five-year options-to-renew, from the original proposal.

This award recommendation is consistent with the County�s goal of partnering with an experienced and capable firm to design, construct, and operate a restaurant at Bill Bird Marina. The restaurant will enhance the atmosphere at Haulover Park and attract patrons from around the County, as well as tourists visiting the area.

USING/MANAGING AGENCY AND FUNDING SOURCE:

Department Estimated Revenue to the County Funding Source Contract Manager
Parks, Recreation and Open Spaces $1,716,000 N/A � Revenue Generating Jon Seaman

Total $1,716,000

PROCUREMENT OFFICER: J.C. Romano, CPPB

VENDOR RECOMMENDED FOR AWARD:
Vendor Address Principal
Florida SE, Inc. 1000 Darden Center Drive William R. White III
Orlando, FL

DUE DILIGENCE: Due diligence was conducted in accordance with the Internal Services Department�s Procurement Guidelines to determine Contractor responsibility, including verifying corporate status and that there are no performance or compliance issues. The lists that were referenced include: convicted vendors, debarred vendors, delinquent contractors, suspended vendors, and federal excluded parties. There were no adverse findings relating to Contractor responsibility. This information is being provided pursuant to Resolution R-187-12.

VENDOR NOT RECOMMENDED:
Vendor Address Principal
Wave House US, LLC 3125 Ocean Front Walk Tom Lochtefeld
Mission Beach, CA

CONTRACT MEASURES: Not applicable - revenue generating contract

LIVING WAGE: The services being provided are not covered under the Living Wage Ordinance.

USER ACCESS PROGRAM: The User Access Program provision will not apply as this is a revenue generating contract.

LOCAL PREFERENCE: The Local Preference was applied in accordance with the Ordinance.

DELEGATED AUTHORITY: If this item is approved, the County Mayor or the County Mayor�s designee will have the authority to exercise, at their discretion, contract modifications, options-to-renew, and extensions, and to issue work orders, in accordance with the terms and conditions of the contract.




____________________________
Lisa M. Martinez, Senior Advisor
Office of the Mayor