HomeMy WebLinkAboutR-97-0185J-97-149
3/11/97
RESOLUTION NO. 9 7 — 18 5
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING
THE CITY MANAGER TO EXTEND THE CONCESSION
AGREEMENT WITH JORGE LUZARRAGA AND JOSE M.
GARCIA, JOINT VENTURE (D/B/A THE CITY'S
CAFE), FOR AN ADDITIONAL TWO YEARS, WITH THE
OPTION TO EXTEND, UPON MUTUAL CONSENT OF THE
PARTIES, FOR THREE ADDITIONAL ONE YEAR
PERIODS, FOR THE PROVISION OF FOOD AND
BEVERAGE SERVICES AT THE CITY OF MIAMI
RIVERSIDE CENTER, SUBJECT TO ALL TERMS AND
CONDITIONS AS MORE PARTICULARLY SET FORTH IN
SAID CONCESSION AGREEMENT; AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AMENDMENT TO THE
CONCESSION AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, TO PROVIDE FOR THE ASSIGNMENT
OF THE CONCESSION AGREEMENT, SUBJECT TO THE
PRIOR APPROVAL OF THE CITY COMMISSION, WHICH
APPROVAL MAY BE WITHHELD AT ITS SOLE
DISCRETION; FURTHER AUTHORIZING THE
ASSIGNMENT OF THE CONCESSION AGREEMENT FROM
JORGE LUZARRAGA AND JOSE M. GARCIA, JOINT
VENTURE, TO THE CITY'S CAFE, INC.
WHEREAS, on February 29, 1996, the City Commission adopted
Resolution No. 96-124 accepting the proposal of Jorge Luzarraga
and Jose M. Garcia, a joint venture (the "Concessionaire"), to
provide food and beverage service at the City of Miami Riverside
Center; and
WHEREAS, said Resolution further authorized the City Manager
to execute a Concession Agreement with the Concessionaire for a
term of three years with the option to renew for three additional
one year terms, subject to a satisfactory performance review at
C0 TAlf �®
CITY COMMISSION
MEETING OF,
MAR 2 0 1997
[� IResolution No.
99/— 185
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the end of the first year, and mutual consent of the parties; and
WHEREAS, the Concessionaire commenced providing food and
beverage services on March 13, 1996 and has expressed a desire to
continue providing food and beverage services for the remaining
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two years of the three year initial term; and
WHEREAS, the Concessionaire desires to change its legal
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status by forming a corporation to be known as "The City's Cafe";
and
WHEREAS, this change in legal status requires the assignment
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of the Concession Agreement from Jorge Luzarraga and Jose Garcia,
Joint Venture, to The City's Cafe, Inc., Jorge Luzarraga,
President, and Silvia A. Luzarraga, Vice President and Secretary;
and
WHEREAS, Article XV, Section 15.1, prohibits the assignment
or transfer of the Concession Agreement, and therefore must be
amended; and
WHEREAS, under the corporation, the duties related to
management and operations will continue to be performed by
Mr. Jorge Luzarraga; and
WHEREAS, the City Commission has reviewed the performance by
the Concessionaire of its obligations under the Concession
Agreement, and has deemed it to be in the best interest of the
City to permit the Concessionaire to continue providing food and
beverage services and to permit the assignment thereof to The
City's Cafe, Inc.;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA;
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97- 185
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Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized to
extend the Concession Agreement with Jorge Luzarraga and Jose M.
Garcia, Joint Venture (the "Concessionaire"), for an additional
two year period, with the option to extend, upon mutual consent
of the parties, for three additional one year periods, for the
provision of food and beverage services at the Miami Riverside
Center, subject to all terms and conditions as more particularly
set forth in said concession agreement.
Section 3. The City Manager is hereby authorized to
execute an amendment to the Concession Agreement, in
substantially the attached form, to provide for the assignment of
the Concession Agreement, subject to the prior approval of the
City Commission, which approval may be withheld at its sole
discretion.
Section 4. The assignment of the Concession Agreement
from Jorge Luzarraga and Jose M. Garcia, Joint Venture, to The
City's Cafe, Inc., Jorge Luzarraga, President, and Silvia
Luzarraga, Vice President and Secretary, is hereby authorized.
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97- 185
Section 5. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 20th day of March 1997.
II
CAROLLO MAYOR
ATTEST:
TER j.L,#ojN=
CITY CLERK
PREPARED A7VT�APPROVED BY:
JUEIE 0. BRU
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A QUINN JONES, III
TY ATTORNEY-
W1490/JOB/BSS/kd
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97- 185
004
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AMENDMENT
TO
CONCESSION AGREEMENT
This Amendment executed this day of , 1997, to
the Concession Agreement dated August 15, 1996, as amended by that Amendment No.
1 dated November 8, 1996, between the City of Miami, a municipal corporation of the
State of Florida, ("City") and Jorge Luzarraga and Jose M. Garcia, a joint venture
("Concessionaire"), d/b/a The City's Cafe.
WHEREAS, the Concessionaire commenced providing food services at the City
of Miami Riverside Center, 444 Southwest 2 Avenue, Miami, Florida (the "Premises") on
March 13, 1996; and
WHEREAS, the Concessionaire desires to incorporate "The City's Cafe" which
would require the assignment of the Concession Agreement from Jorge Luzarraga and
Jose Garcia, Joint Venture, to "The City's Cafe", Jorge Luzarraga, President, and Silvia
A. Luzarraga, Vice President and Secretary; and
WHEREAS, Article XV, Section 15.1 prohibits the assignment or transfer of the
Concession Agreement and therefore must be amended; and
WHEREAS, under the new corporation, the principal operator and manager, Mr.
Jorge Luzarraga, will remain thus not impacting the operation of the cafeteria;
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set
forth and in consideration of other valuable consideration the parties, covenant and
agree as follows:
A. That Section 15.1 of the Agreement entitled Assignment and
Subcontracting is hereby amended in the following particulars:
15.1 ASSIGNMENT AND SUBCONTRACTING. Concessionaire may
not assign or transfer this Concession Agreement, in whole or in part, at
any time, without first receiving the approval of the City Commission which
approval may be withheld at its sole discretion.
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B. The Concession Agreement entered into between City and
Concessionaire dated August 15, 1996, as amended by Amendment No. 1 dated
November 8, 1996, shall remain in full force and effect and shall not be deemed to be
modified except as modified hereinabove.
APPROVED AS TO FORM
AND CORRECTNESS
By:
A. Quinn Jones, III
City Attorney
ATTEST:
By:
Walter J. Foeman
City Clerk
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WITNESSES:
Witness Signature
jPrint Name
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Witness Signature
Print Name
THE CITY OF MIAMI,
a municipal corporation
of the State of Florida
Bv:
Edward Marquez
City Manager
CONCESSIONAIRE
By:
Print Name
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97- 185
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
41
TO The Honorable Mayor & Members DATE : [? I ( 1997
of th ty Co mission
suaJEcr : Authorizing Contract
Extension and Assignment
` of Contract
FROM : Edward Ma u z REFERENCES:
City Manager
ENCLOSURES:
RECOMMENDATION:
FILE :
It is respectfully requested that the City Commission adopt the attached Resolution
authorizing the City Manager to extend the Concession Agreement with Jorge
Luzarraga and Jose M. Garcia, joint venture, (d/b/a The City's Cafe) for a period of
two years with the option to extend, upon mutual consent of the parties, for three
additional one year periods, for the provision of food and beverage services at the
City of Miami Riverside Center with all terms and conditions as more particularly
set forth in said Concession Agreement; authorizing the City Manager to execute an
amendment to the Concession Agreement, in substantially the attached form, to
provide for the assignment of the Concession Agreement, subject to the prior
approval of the City Commission which approval may be withheld at its sole
discretion; further authorizing the assignment of the Concession Agreement from
Jorge Luzarraga and Jose M. Garcia, joint venture, to The City's Cafe, Inc.
BACKGROUND:
The Department of CPR, Division of Asset Management has prepared the attached
Resolution for consideration by the City Commission. On February 29, 1996, the
City Commission adopted Resolution 96-124 accepting the proposal of Jorge
Luzarraga and Jose M. Garcia, a joint venture, (the "Concessionaire") to provide
food and beverage service at the City of Miami Riverside Center. This Resolution
further authorized the City Manager to execute a concession agreement with
Concessionaire for a term of three years with the option to renew for three
additional one year terms, subject to an acceptable performance review by the City
Commission at the end of the first year and mutual consent of the parties.
To assist the Commission in its performance review of the Concessionaire, the
Division of Asset Management evaluated the services rendered by Concessionaire in
the areas of health and safety, cleanliness, food quality and cost, utility
conservation and administrat}on. A copy_ of said evaluation is attached hereto for
reference.
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The Honorable Mayor and Members
of the City Commission
Page 2
Additionally, the Concessionaire desires to incorporate "The City's Cafe" which
would require the assignment of the Concession Agreement from Jorge Luzarraga
and Jose Garcia, Joint Venture, to The City's Cafe, Inc., Jorge Luzarraga, President,
and Silvia A. Luzarraga, Vice President and Secretary; however, Article XV, Section
15.1 prohibits the assignment or transfer of the Concession Agreement and
therefore must be amended. Under the proposed new corporation, the principal
operator and manager, Mr. Jorge Luzarraga, will remain thus not impacting the
operation of the cafeteria.
Based on the findings of the performance review, it is recommended that the City
Commission authorize the City Manager to extend the Concession Agreement for an
additional two year period. It is further recommended that the City Commission
amend the Concession Agreement to provide for the assignment of same subject to
the prior approval of the City Commission which approval may be withheld at its
sole discretion and to authorize the assignment of the Concession Agreement to The
City's Cafe, Inc.
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Chit f
OF,y'3
EDUARDO RODRIGUEZ
Director
CoM FV��,o
REVIEW REPORT
MRC FOOD SERVICES AGREEMENT EXTENSION PROCESS
The City Of Miami Riverside Center (MRC)
EDWARD MARQUEZ
City Manager
This Review Report (Report) will serve to provide a recommendation to the Director of Asset Management
(Director) as to whether or not to extend the MRC Food Services Agreement (Agreement) between the
Cafeteria Proprietor (Licensee) and the City of Miami (City). It is the responsibility of the MRC Food
Services Contract Administrator (Administrator) to complete the Report and submit same to the Director.
Section I
General Information
Licensee: Jorge Luzarraaa and Jose Garcia, Joint Venture
Extension provision: 2—Years with City Commission approval
Period of extension: 13 March 1997 — 12 March 1999
Administrator: Stephen F. Shaw, MRC Facility Manager
Director: Eduardo Rodriquez, Asset Management Director
Section II
Licensee's Intent
The Licensee must demonstrate a desire to extend the Agreement in question. Same will be accomplished
via the submission of a Letter Of Intent (LOI) within a prescribed time period as determined by the
Administrator in a letter to the Licensee of which a copy of same will be attached to this Report
Yes No.
Administrator's letter to Licensee attached.................................................................................. X
Licensee has received Administrator's letter................................................................................ X
Licensee has a desire to extend Agreement.................................................................................. X
Licensee's LOI is attached to this Report ..................................................................................... X
LOI received by Administrator within established time frame ..................................................... X
OFFICE OF ASSET MANAGEMENT 3
444 S.W. 2nd Ave., 3rd Floor, Miami, FL 33130/(305) 416-1450/FAX: (305) 416-2156 _ 1 Q
Mailing Address: P.O. Box 330708 Miami, Florida 33233-0708 9 1 V
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Section III
Occupant Input
The occupants of the MRC, through their representative body, the MRC Building Committee, will be asked
for their respective input as to whether or not the Licensee should be recommended for extension.
Whereas this body will not make a determination, their input is considered a valuable tool in assisting the
Administrator in making a recommendation to the Director.
Yes No
Occupants of MRC desire to have Licensee's Agreement extended .............................................. X
Comments: Building Committee members unanimously agreed
that existing vendor should remain (January's Building
Committee Meetina).
Section IV
Review Checklist
The Administrator will complete the following Checklist in an effort to establish a non subjective,
qualitative method to formulate a recommendation to the Director.
The following categories will be evaluated on a rating scale of 1 through 4 based on:
1 = Excellent
2 = Acceptable
3 = Needs Attention
4 = Failed
Scale
Health / Safety:
Required licenses current and posted (Scale 2 or 4 only).....................................................................
2
City, County, State, or Federal Notices of Violation sited (Scale 2 or 4 only)
2
Employees work in a safe manner ........................................................................................................
2
Employees wear gloves and/or hair nets when appropriate
3
Grease trap / pit properly maintained...................................................................................................
2
Equipmentproperly maintained...........................................................................................................
2
Spills and other potential hazards are immediately addressed upon occurrence ..................................
2
Food Temperature (cold or hot as required).........................................................................................
2
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Comments: Have discussed concerns over food temperature and
-one employee not wearing gloves with vendor. Corrective
action taken - improvement noted in food temerature and
employee who posed problem with gloves has been replaced.
Cleanliness: Scale
Personalhygiene of employees............................................................................................................ 2
Serving Areas (food warming / display equipment)............................................................................. 2
ServingArea (preparation equipment)................................................................................................. 2
Kitchen(during operation) ....... :........................................................................................................... 2
Kitchen(after hours)............................................................................................................................. 2
DishwashingArea................................................................................................................................. 2
Cafeteria Area (during operation - carpeted and tiled floors, tables, and receptacles) ......................... 2
Comments: Although acceptable, more attention in cleaning grill
area at the close of business on a daily basis is advised as
well as improving on the appearance of the.floor area from
_kitchen's rear door to loading dock door.
Food: Scale
Quality (appearance and taste)............................................................................................................. 1
Cost / Value (portions vs. cost vs. local market).................................................................................. 1
Selection (number of entrees, selections, or varieties)......................................................................... 1
Dietary (consideration of patrons who desire / require low -fat menu items) ...................................... 1
Comments: Good value when compared to restaurants which are
°mesa" to facility. Noted that closest like operations
are not adjacent to or in immediate area of MRC
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Conservation: Scale
Waterproperly utilized......................................................................................................................... 2
Energywaste...................................................................................................................... 3
Comments: Lights, et cetera, being left on after vendor vacates
facility.
Administrative: Scale
Licensee's response to occupant input (timeliness and attitude).......................................................... 1
Licensee's response to Administrator's input (timeliness and attitude) ............................................... 1
Employee's responsiveness to patrons (professionalism and courtesy) ............................................... 1
Licensee's monitoring of vending operations / vending company interfacing ..................................... 2
Licensee's attendance of and participation in Building Committee / other meetings .......................... 3
Licensee's payment of concession moneys due to the City when applicable (timeliness and records) 1
Comments: Vendor extremely conscientious in terms of customer
and occu ants' needs and concerns and responds, or attempts
to respond, considering limited resources available.
Section V
Administrator's Recommendation
The Administrator will formulate an overall recommendation as provided for below to the Director.
Yes No
Recommend that Licensee's Agreement be extended................................................................... X _
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Comments: The existing vendor has overcome substantial hardships
at no fault of his own and now, considering that the promised
occupancy -level has been reached, is beginning to show a
small profit of which the City benefits from. Mr. Luzarraga
is very professional and desires to continue his relationship
with the City of which is believed to be in the best interests
of the occupants of the MRC and the City at large.
The Administrator will submit Report, with attachments, to the Director who in turn will make a
subsequent recommendation to the City Manager. The City Manager will present a finding to the City
Commission. The City Commission will then decide as to extending or not extending the Agreement.
Stephen F. Shaw
Name Printed
MRC Food Services Contract Administrator
ature
MRC Food Services Contract Administrator
24 January 1997
Date
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t�e.•xse*
January 15, 1997
Mr. Steve Shaw
MRC Food Services Contract Administrator
The City of Miami Riverside Center
444 S.W. 2nd Avenue, 3rd Floor
Miami, Florida 33130
Re: Contract Renewal
Dear Mr. Shaw:
We hereby request the extension of our contract for the food services
and vending machines for the City of Miami's Riverside Center for an
additional two (2) year period.
If you need any additional information from us in order to facilitate this
review process, please let us know.
Thank you very much for your continued cooperation,
Luzarragav
lw&41�wtner for the J.V.
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97- 185
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Cat#g o£ t�tnti _
EDUARDO RODRIGUEZ
Director
8 January 1997
Mr. Jorge Luzarraga
The City's .cafe
The City Of Miami Riverside Center
444 S.W. 216 Avenue, 1" Floor
Miami, Florida 33130
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9o�coY �04�0
Subject: Review Process; Food Services Agreement Extension
Dear Mr. Luzarraga,
EDWARD MARQUEZ
City Manager
This letter will supplement our conversation this date in regards to establishing and implementing a Food
Services Agreement Extension Review Process:
As discussed and as you are aware, the extension of the concerned agreement between you and your
partner as a joint venture and the City of Miami is contingent upon the City Commission's approval. If and
upon approval, the Agreement will continue for a two (2) year period.
In consideration of the above mentioned stipulation, I have effected a four-part review process of which
consists of the following:
Part 1: Licensee's Intent
Part 2: MRC Building Committee Recommendation
Part 3: MRC Food Services Contract Administrator's Recommendation
Part 4: City Manager's Recommendation
These individual parts are further explained as follows:
Part 1: You as the Licensee must, obviously, want to extend the agreement prior to the remaining parts to
be effected. To satisfy the requirement of this part, a letter from the Licensee to the Contract Administrator
(Administrator) is required stating that it is the intent of the Licensee to extend the agreement in question
for a period of two (2) years.
Part 2: As agreed upon early on after the initial agreement was approved, it is important that the feed back
of the facility's occupants be taken under advisement on a continuing basis to gauge overall performance
and satisfaction from an end user's vantage point. With this thought in mind, all occupants, by department,
are represented by a Building Committee Representative. These representatives make up the MRC
Building Committee of which the cafeteria proprietor is a member. On a regular basis this body meets and
discusses various building issues of which food service is one. Whereas this body will not make a final
determination as to extending or not extending the agreement in question, it would not be prudent not to
take their collective input under advisement.
OFFICE OF ASSET MANAGEMENT
444 S.W. 2nd Ave., 3rd Floor, Miami, FL 33130/(305) 416-1450/FAX: (305) 416-2156 (�
Mailing Address: P.O. Box 330708 Miami, Florida 33233-0708 9 7
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Subject: Review Process; Food Services Agreement Extension continued
Part 3: The Administrator will make a recommendation as to whether or not to extend the agreement to the
Director of Asset Management. This recommendation will take into consideration the Licensee's desire to
extend the agreement, occupant input as provided via the MRC Building Committee, and the first-hand
observations and evaluation of the Administrator. Items such as, but not limited to: quality; health and
safety; timeliness with regards to responding to recommendations and/or complaints; management; costs;
and the like will be taken into consideration.
Part 4: The Administrator will present his/her recommendation to the Director of Asset Management who
in turn will either approve or disapprove same. This individual's recommendation will be forwarded to the
City Manager who in turn will present a finding to the City Commission. The City Commission will make
the final determination in approving or disapproving the City Manager's finding.
As also discussed, the time parameters established for the above mentioned items or parts will be as '
follows:
1.) Licensee's Letter of Intent to be presented to the Administrator not later than 9:00am on Friday, 17
January 1997.
2.) Upon the Letter of Intent being received and establishing the Licensee's desire to extend, the Building
Committee, which is meeting at 9:00am on 17 January, will be asked for their input
3.) During the remaining part of January and February, Parts 3 and 4 of the Process will be effected
thereby enabling the City Manager's finding to be presented to the Commission in February but not
later than March.
Please do not hesitate to call upon me should you have any questions.
Sincerely,
tephen F. Shaw
MRC Food Services Contract Administrator
copy to:
L. Billberry
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February 18, 1997
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Lori Billberry
Asset Management
i Tire City of'Miami Riverside Center
444 S. W. 2nd Avenue, 3rd Floor
Miami, Florida 33130
Re: Change of Legal Entity
Dear Mrs. Billberr v:
PK? hereby� request approval from the City's Commission
to change our legal entity, from:
Jorge Lu.:.arraga and Jose M Garcia, Joint Denture
To:
The City's Cube Corp.
Jorge Lu arraga, President
Silvia A. Lu arraga, V P.,'Secy.
RespencOd l y c�ribmitted,
� "vr- vrtmzarraga Jose AI Garcia
PAw VP
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