HomeMy WebLinkAboutR-91-07362
j J-91-755
i
9/23/91
736
RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING
THE CITY MANAGER TO EXECUTE A MANAGEMENT
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH LATIN AMERICAN GOURMET RESTAURANT,
INC. IN RESPONSE TO A REQUEST FOR PROPOSALS
FOR THE MANAGEMENT, OPERATION AND MAINTENANCE
OF THE PAUL WALKER PARK FOOD AND BEVERAGE
1 CONCESSION LOCATED AT 46 WEST FLAGLER STREET,
MIAMI, FLORIDA, FOR A PERIOD OF FIVE (5)
YEARS WITH AN OPTION TO RENEW FOR ONE
ADDITIONAL FIVE (5) YEAR PERIOD AT THE SOLE
DISCRETION OF THE CITY MANAGER FOR A
i MANAGEMENT FEE OF $750.00 PER MONTH OR
FIFTEEN PERCENT (15%) OF MONTHLY GROSS
RECEIPTS, WHICHEVER IS GREATER.
1
WHEREAS, the City Commission at its March 14, 1991 Meeting
adopted Resolution No. 91-213, which authorized the issuance of a
Request for Proposals (RFP) for a Management, operation ano
Maintenance Agreement of the Paul Walker Park Food and Beverage
Concession, located at 46 West Flagler Street, Miami, Florida,
for an
initial
term of five
(5)
years with
an option
to
renew for
a one
five (5)
year period
at
the sole
discretion
of
the City
Manager; and
WHEREAS, a review panel composed of City of Miami staff
members rated Latin American Gourmet Restaurant, Inc.'s proposal
to be the most advantageous to the City according to selection
criteria; and
WHEREAS, on July 3, 1991, the City Manager approved
commencement of negotiations with the successful proposer and
negotiations have resulted in an agreement, substantially in the
form attached;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
A17ACF-IMENTS
CONTAIND
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•
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized to
enter into an agreement, in substantially the attached form,
subject to the City Attorney's approval as to form and
correctness, for the management, operation and maintenance of the
Paul Walker Park Food and Beverage Concession located at 46 West
Flagler Street, Miami, Florida, for an initial term of five years
with an option to renew for one additional five (5) year period
if, in the sole discretion of the City Manager, the operations
during the initial term have been satisfactory as regards
quality, service, prices, cleanliness and other considerations,
for a guaranteed minimum monthly payment of $750.00 or fifteen
percent (15%) of the monthly gross receipts, whichever is
greater.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this
ATT •
MA Y HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
07-� a,. - ' 1.
IRMA M. ABELLA
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND COR;
A'.-QUM J , III —
ACTING CI Y ATTORNEY
IMA/lb/gmb/M2487
irr7 An:r r%f Ontnikar 1001
MANAGEMENT AGREEMENT
BETWEEN THE CITY OF MIAMI
AND
MANAGEMENT, OPERATION AND MAINTENANCE
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2,
3.
4.
5.
6.
7.
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16.
17.
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DESCRIPTION OF THE PARR CONCESSION AREA
1
USE OF CONCESSION AREA
2
TERM OF MANAGEMENT AGREEMENT
2
MANAGEMENT FEE
2
HOURS OF OPERATION
3
STANDARD OF QUALITY - SUPPLIES AND SERVICE
3
MANAGEMENT
3
PERFORMANCE BOND
3
ASSIGNMENT OR TRANSFER
4
INTEREST CONFERRED BY MANAGEMENT AGREEMENT
4
TRANSFER OF OWNERSHIP
4
RELEASE OF CITY FROM LIABILITY
4
ANNUAL STATEMENTS
4
AUDITING OF ACCOUNTS
4
CITY'S RIGHT TO EXAMINE AREA
COMPLIANCE
PENALTY FOR VIOLATION OF RULES AND REG
18. ADVERTISING MATTER
19. POSTING AND CONTROL OF PRICE SIGNS (FO
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
INSURANCE
LICENSES
EQUIPMENT
CUSTODIAL AND JANITORIAL SERVICE
ALCOHOLIC BEVERAGES
EXTERMINATOR SERVICE
NONDISCRIMINATION
TRASH, RUBBISH, AND GARBAGE DISPOSAL
SALES RESTRICTIONS
IMPROVEMENTS
UTILITIES
RESPONSIBILITY FOR DAMAGE
INDEMNIFICATION
5
5
U
LATIONS 5
5
OD AND BEVERAGE) 5
5
6
7
7
7
8
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8
8
8
9
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10
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33.
DAMAGE OR LOSS
10
34.
DEFAULT
10
35.
ATTORNEYIS FEES
10
36.
SURRENDER OF AREA
10
37.
WRITTEN NOTICES
10
38.
CAPTIONS
11
39.
BINDING ON SUCCESSORS
11
EXHIBIT A - Affidavit of Ownership
EXHIBIT B - Improvements Sketch
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THIS MANAGEMENT AGREEMENT, made and entered into this
day of , 1991, by and between the CITY OF MIAMI, a
municipal corporation of the State of Florida (hereinafter
referred to as "CITY") and LATIN AMERICAN GOURMET RESTAURANT,
INC. (hereinafter referred to as "MANAGEMENT").
WITNESSETH:
WHEREAS, pursuant to Resolution No. , passed and
adopted by the City Commission on , the
proposal of LATIN AMERICAN GOURMET RESTAURANT, INC., for the
management, operation and maintenance of the park concession area
at Paul Walker Park located at 46 West Flagler Street, Miami,
Florida, was accepted; and
WHEREAS, in conjunction with the management, operation and
maintenance of the premises, the MANAGEMENT shall have the
exclusive right to offer for sale and sell food, beverages and
other related ancillary products.
NOW, THEREFORE, in consideration of the premises and mutual
covenants hereinafter contained to be observed and performed, the
parties hereto do hereby covenant and agree as follows:
1. DESCRIPTION OF THE PARK CONCESSION AREA:
For and in consideration of the mutual promises herein
contained, the MANAGEMENT agrees to assume full management,
operation and maintenance of the park concession area in Paul
Walker Park, located at 46 West Flagler Street, Miami, Florida,
which is owned by the CITY (hereinafter referred to as the
"AREA"). Said AREA contains 3,500 square feet including the
recreational seating area, the food service building, the green
areas (which consist of existing trees and shrubbery contained in
concrete planters as well as the seating areas necessary for the
concession operation) and the fountain which the MANAGEMENT will
fill in, landscape and maintain. MANAGEMENT accepts the AREA and
all fixtures, improvements and equipment as is at the time of the
execution of this Management Agreement.
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2. tjSE OF CONCESSION.AREA
(a) MANAGEMENT shall have the exclusive right to otter
for sale, sell, or otherwise dispose of food, beverages, and
other related and ancillary products, subject to specifications
and qualifications hereinafter contained and in all of the
provisions of this Management Agreement. MANAGEMENT shall use
the AREA.for the primary purpose of operating a food and beverage
concession.
(b) MANAGEMENT shall make no unlawful, improper or
offensive use of the AREA.
(c) This Management Agreement and all rights of the
MANAGEMENT hereunder shall, at the option of the CITY, cease and
terminate upon discontinuance of the stated use and operation of
the AREA by the MANAGEMENT.
3. TERM OF MANAGEMENT AGREEMENT_
The term of this Management Agreement shall be for a
period of five (5) years beginning on the date of its execution.
The CITY shall have the option to renew this Management Agreement
for one additional five (5) year period if, in the sole =
discretion of the -City Manager, the operations of the MANAGEMENT
during the initial term have been satisfactory as regards
quality, service, prices, cleanliness and other considerations.
4. MANAGEMENT FEE
For the right to manage the concession area, the MANAGEMENT
will pay to the CITY a guaranteed minimum monthly payment of
Seven Hundred Fifty ($750.00) dollars OR fifteen (15%) percent of
the monthly gross receipts, whichever is greater. This
management fee will be submitted with a monthly report of such
gross receipts
The term "gross receipts" as used herein shall mean all
monies paid or payable to the MANAGEMENT by any person, client,
patron or entity for any and all goods or services provided by
the MANAGEMENT in the AREA, whether collected or uncollected,
whether for cash.or credit, provided however that any sales taxes
imposed by local, county, state or federal law and paid" by
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purchaser for goods or services of MANAGEMENT directly payable to
a taxing authority shall be excluded from the computation of
gross receipts.
S. HOURS OF OPERATION
Hours of operation of the park concession area shall be such
as to provide the maximum convenience to those served and shall
be as determined by the City Manager. Minimum hours of operation
shall initially be from 7:00 a.m. to 6:00 p.m. Monday through
Friday, and 9:00 a.m. to 3:00 p.m. on Saturday. The park
concession area would be closed on Sunday.
6. STANDARD OF QUALITY - SUPPLIES AND SERVICE
MANAGEMENT shall at all times keep the AREA adequately
stocked with commodities, food and beverages, and adequately
staffed to serve the patrons thereof and will provide maximum
service during peak hours of operation. MANAGEMENT shall be
required to maintain such service and other requirements as are
necessary to entitle it to the license for the operation of the
facilities outlined herein. MANAGEMENT agrees that it will
manage, operate and maintain the facilities authorized herein in
such a.manner as to provide quality of service, food prices, food
and beverages management, and the operation shall be of such
quality as to compete favorably with similar operations.
7. MANAGEMENT
The MANAGEMENT shall provide this park concession area with
personalized attention as regards its management, operation and
maintenance. Absentee management wherein the MANAGEMENT has
little or no contact with the concession employees and does not
personally visit the concession area regularly, will be
unacceptable to the CITY and will be grounds for cancellation of
the Management Agreement.
S. PERFORMANCE BOND
The MANAGEMENT shall furnish to the CITY, within five (5)
consecutive calendar days after written notice being given by the
CITY of the award of the privilege to enter into a Management
Agreement, a Surety Bond in the amount of Two Thousand Five
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El
Ll
Hundred ($2,50O.Q0) Dollars, and shall abide by all rules,
regulations and laws of the City of Miami.
9. ASSIGNMENT OR TRANSFER
The MANAGEMENT shall not assign or transfer its privilege of
entry and use granted unto it by this Management Agreement.
10. INTEREST CONFERRED By MANAGEMENT AGREEMENT
The provisions of this Management Agreement do not
constitute a lease and the rights of the MANAGEMENT hereunder are
not those of a tenant. No leasehold interest in the AREA is
conferred upon the MANAGEMENT under the provisions hereof.
11. TRANSFER OF OWNERSHIP
The Management is constituted by the ownership interest
reflected in the Affidavit of Ownership attached hereto as
Exhibit A and incorporated and made a part of this Management
Agreement.
MANAGEMENT cannot modify or amend the ownership interest as
reflected in the Affidavit of Ownership.
12. ]RELEASE OF CITY FROM LIABILITY
The MANAGEMENT shall release and discharge the CITY from any
and all liability for the loss of his merchandise, goods,
equipment or other property of the AREA if lost, damaged,
destroyed by fire, theft, rain, water or other causes.
13. ANNUAL STATEMENTS
An annual certified statement of operations shall be
submitted within sixty (60) days of the end of each twelve-month
period. Any adjustments due CITY shall be payable at that time.
It is the intent of CITY that it shall receive all amounts as
net, free and clear of all costs and charges arising from or
relating to said management operation and maintenance.
14. AUDITING OF ACCOUNTS
CITY reserves the right to audit the records of MANAGEMENT
at any time during the performance of the Management Agreement
and for the period of up to three (3) years after final payment
is made under this Management Agreement.
15. CITY'S RIGHT TO EXAMINE AREA
The MANAGEMENT shall make available the AREA under its
control for examination, at any reasonable time, by the City
Manager and/or his duly authorized representative.
16. COMPLIANCE
The MANAGEMENT shall abide by all rules, regulations, and
laws of the City of Miami, County of Dade, and the State of
Florida, now in force or hereafter adopted, and the written rules
and regulations established by the City Manager or his duly
authorized representative.
17. PENALTY FOR VIOLATION OF RULES AND REGULATIONS
The CITY, through its proper officials, reserves the right
and authority to prescribe any additional rules and regulations
at the AREA and the MANAGEMENT agrees to abide by all the rules
and regulations. Violations of rules and regulations as
prescribed by the CITY through its proper officials will be
sufficient grounds to the MANAGEMENT to forfeit the whole or part
of the Performance Bond required in this Management Agreement.
The CITY reserves the right to cancel the Management Agreement
for violation of rules and regulations by the MANAGEMENT or its
employees.
18. ADVERTISING MATTER
The CITY, through its proper officials, reserves the right
and authority to prescribe rules pertaining to regulation of
signs and/or advertising matter.
19. POSTING AND CONTROL OF PRICE SIGNS (FOOD AND BEVERAGE)
The MANAGEMENT shall provide and have posted in conspicuous
locations signs showing the prices of all edible commodities.
Size, location and content of said signs shall be subject to
approval of the City Manager and/or his duly authorized
representative.
20. INSURANCE
The MANAGEMENT shall maintain during the term
Management Agreement the following insurance:
(a) General Liability Insurance on a Comprehensive
General Liability form, or its equivalent with a combined single
limit of at least One Million ($1,000,000) Dollars for bodily
injury and property damage liability. Products and completed
operations coverage, personal injury, contractual liability, and
premises medical payment coverages shall be included. The City
shall be named an Additional Insured on said policy.
(b) Automobile Liability Insurance covering all owned,
non -owned and hired vehicles in amounts of not less than $100,000
per accident and $300,000 per occurrence for bodily injury and
$25,000 property damage.
(c) All Risk Property insurance coverage on'
replacement cost basis for real and personal property located on
the premises. managed, operated and/or maintained by the
Successful Proposer for the City. The City shall be named as an
Additional Insured on such policy.
(d) The policy or policies of insurance required shall
be written in a manner such that the policy or policies may not
be cancelled or materially changed without sixty (60) days
advance written notice to City. Written notice shall be sent to
the Insurance Coordinator, City of Miami Risk Management
Division, 174 East Flagler Street, Miami, Florida 33131.
Evidence of compliance with the insurance requirements shall
be filed with the Insurance Coordinator of the City of Miami
concurrent with the execution of the Management Agreement and
each renewal. Such insurance shall be subject to the approval of
the Insurance Coordinator. All insurance policies required must
be written by a company or companies rated at least "A" as to
management and Class "V" as to financial strength, in the latest.
edition of the Best►s Insurance Guide, published by Alfred M.
Best Company, Inc., Oldwick, New Jersey. Compliance with the
foregoing requirements shall not relieve the Successful Proposer
of its liability and obligations under this section or under any
other portion of the Management Agreement.
21. .LICENSES
The MANAGEMENT shall acquire and pay for the necessary
licenses required for the operation of his business; and shall be
responsible for the payment of any and all tames levied on him or
his operation, by whatever taxing entity.
22. EQUIPMENT
The MANAGEMENT shall furnish any additional equipment
necessary for the concession operation and will be permitted to
either rent/and or lease or purchase new equipment at his
expense. Said equipment shall be removed by MANAGEMENT at his
expense at the end of the Management Agreement. Equipment which
cannot be readily removed without injury to the AREA, shall
remain and become the property of the CITY upon expiration of the
Management Agreement.
With respect to all personal property furnished by the CITY,
if any, to the MANAGEMENT in connection with the performance of
f
this Management Agreement, title to such personal property shall
remain in the CITY and every item thereof shall, upon the
=! termination or expiration of this Management Agreement, be
returned to the CITY in equivalent condition, reasonable wear and
tear excepted.
23. CUSTODIAL AND JANITORIAL SERVICE
The MANAGEMENT shall be responsible for all necessary
maintenance directly related to the concession and MANAGEMENT
shall furnish all custodial and janitorial service required to
maintain daily the concession area and the outlying area adjacent
to his operations in a clean and sanitary condition. The
MANAGEMENT also agrees that he will maintain the premises in a
manner consistent with, or demanded by, all Health Departments_
and Pure Food Examiners, and also that the premises will at all
times be kept open for proper inspection by any other agency
having jurisdiction thereto.
24. ALCOHOLIC BEVERAGES
Wines, beers, liquors, or alcoholic beverages of any kind or
nature may be sold on the AREA upon the approval of the City
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Commission, and upon compliance with all applicable zoning,
State, Dade County and City of Miami laws, rules and regulations.
25. EXTERMINATOR SERVICE
The MANAGEMENT shall take the necessary measures to control
vermin and pests on a biweekly basis at his expense. This
service may be required once a week in order to properly control
vermin and pests, as directed by the City Manager and/or his duly
authorized representative.
The area to be serviced by the exterminator includes all
areas where food is dispensed, stored, and consumed.
26. NONDISCRIMINATION
The MANAGEMENT agrees that there will be no discrimination
against any person on account of race, color, sex, religious
creed, ancestry, national origin, mental or physical handicap in
the use of the AREA and the improvements thereon. It is
expressly understood that upon presentation of any evidence of
discrimination, the CITY shall have the right to terminate the
Management Agreement.
27. TRASH, RUBBISH, AND GARBAGE DISPOSAL
The MANAGEMENT shall provide, at his expense, all garbage,
trash, and rubbish receptacles within the confines of the AREA
and shall provide a sufficient number of these receptacles for
his own use and for the use of the public. MANAGEMENT shall not
allow garbage, trash and rubbish to accumulate and shall cause
removal of it to the pickup area designated by the City Manager
and/or his duly authorized representative.
28. SALES RESTRICTIONS
All sales shall be confined to the AREA designated and
defined in this Management Agreement. MANAGEMENT will not be
permitted to do any selling or vending outside of the designated
and defined AREA of this Management Agreement, except by written
authority from the City Manager or his duly authorized
representative.
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29. IMPROVEMENTS
The existing improvements in the AREA are generally those
shown on the attached sketch which is incorporated herein and
made a part of this Management Agreement as Exhibit B.
The CITY will not undertake or be responsible for any
construction, repair, alteration, improvement or maintenance to
the improvements as shown in Exhibit B. The MANAGEMENT shall
accept the improvements "as is."
i
The MANAGEMENT agrees that no major, substantial or
E
significant construction, repair, alteration or improvements may
be undertaken to the improvements as shown on Exhibit B. The
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Management agrees that other construction, repairs, alterations
or improvements may be undertaken upon the AREA after the plans:
(a) Are first submitted to the Property and Lease
Manager for presentation and review by all departments and -
t
offices of the CITY with jurisdiction, and
(b) Are approved by the City Manager which approval
shall not be unreasonably delayed or denied, and
(c) Are in compliance with all State, Dade County and
City of Miami rules and regulations, and any other agency that
may have jurisdiction in these matters.
All additions, partitions, or improvements shall become the
property of CITY and shall remain a part of the AREA at the
expiration of this Management Agreement. All improvements and
structures constructed on the site shall become the property of
the CITY. The cost of renovation of the AREA as to alterations,
additions, partitions or improvements shall be borne by and is
the financial responsibility of MANAGEMENT.
30. UTILITIES
The MANAGEMENT shall pay for all utilities consumed on the
property as well as connection and installation charges thereof,
and waste collection.
31. RESPONSIBILITY FOR DAMAGE
The CITY will not be responsible for any damage from theft,
or disappearance of either the equipment or the merchandise from
break-ins or burglary, power failure due to hurricanes,
electrical storms, Acts of God, or other acts beyond the control
of the CITY. The MANAGEMENT shall stand loss for all slugs and
shortages.
32. INDEMNIFICATION
The MANAGEMENT covenants and agrees that it shall indemnify,
hold harmless, and defend the CITY, its agents, officers and
employees from and against any and all claims, suits, action,
damages or causes of action arising during the term of the
Management Agreement for any personal injury, loss of life, or
damage to property sustained in or about the AREA, by reason of
or as a result of the MANAGEMENT's occupancy thereof, and from
and against any orders, judgments or decrees which may be entered
thereon, and from and against all cost, attorney's fees, expenses
and liabilities incurred in and about the defense of any such
claim and the investigation thereof.
33. DAMAGES OR LOSS
The MANAGEMENT releases the CITY from any and all liability,
cost or expenses for damage or loss to the AREA for any cause
whatsoever.
34. DEFAULT
In the event the MANAGEMENT fails to comply with each and
every term and condition of the Management Agreement or fails to
perform any of the terms and conditions contained herein, then
CITY at its sole option, upon thirty (30) days written notice to
MANAGEMENT, may cancel and terminate the Management Agreement,
and all advances, improvements or other compensation shall be
forfeited by MANAGEMENT, not as a penalty but as liquidated
damages.
35. A'r_TORNEY'S FEES
In the event it is deemed necessary by the CITY to file a
law suit in the appropriate court of law to enforce any of the
terms and conditions of this Management Agreement or to require
the MANAGEMENT to perform any of the covenants or terms and
conditions as provided herein, then the MANAGEMENT agrees that it
shall pay to the CITY reasonable attorney fees should the CITY be
the prevailing party.
36. SURRENDER OF AREA
MANAGEMENT will quietly and peaceably deliver the AREA to
the CITY in the same repair and condition in which they were
received at the inception of this Management Agreement.
37. WRITTEN NOTICES
MANAGEMENT agrees that all notices under this Management
Agreement must be in writing and shall be deemed to be served
when delivered to the MANAGEMENT at:
LATIN AMERICAN GOURMET RESTAURANT, INC.
7601 Northwest 63 Street
Miami, Florida 33166
38. CAPTIONS
The captions contained in this Management Agreement are
inserted only as a matter of convenience and for reference and in
no way define, limit or prescribe the scope of this Management
Agreement or the intent of any provision thereof.
39. BINDING ON SUCCESSORS
This Management Agreement shall be binding upon the CITY and
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the MANAGEMENT, their successors and assigns, and they shall
°i abide by each of the terms and conditions hereof.
IN WITNESS WHEREOF, the parties hereto have caused this
Management Agreement to be executed in their names by their duly
authorized officers, all as of the day and year first above
written.
ATTEST: CITY OF MIAMI, FLORIDA a
municipal corporation of the
State of Florida
By:
CITY CLERK CITY MANAGER
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SEC ETARY
APPROVED AS TO FORM AND
CORRECTNESS:
CITY ATTORNEY
APPROVED AS TO INSURANCE
REQUIREMENTS:
RISK MANAGEMENT DIVISION
LATIN AMERICAN GOURMET
RESTAURANT INC-
By:
PRESIDENT
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
-� Honorable Mayor and Members
of the ity Commission
OA1
Cesar H. Odio
City Manager
DATE SEP 2 51991
5'JBJECT Resolution Authorizing a
Management Agreement with
Latin American Gourmet
RE: FEFEt:CE°
For City Commission
E,;,.._;;,, r, Meeting of 10/3/91
It is respectfully recommended that the City Commission adopt the
attached Resolution authorizing the City Manager to execute a
Management Agreement with Latin American Gourmet Restaurant, Inc.
for the management, operation and maintenance of the Paul Walker
Park food and beverage concession located at 46 West Flagler
Street, Miami, Florida, for a management fee in the amount of
$750.00 per month or 15% of gross receipts, whichever is greater.
The Department of Development Housing Conservation, Property and
Lease Management Division, recommends that the City Commission
authorize the City Manager to execute a Management Agreement with
Latin American Gourmet Restaurant, Inc.
The City Commission passed and adopted Resolution 91-213, which
authorized the issuance of a Request for Proposals for a
Management, Operation and Maintenance agreement for the Paul
Walker Park food and beverage concession. A review panel
composed of City of Miami staff members rated Latin American
Gourmet Restaurant, Inc.'s proposal to be in first place
according to the selection criteria. The City Manager approved
commencement of negotiations with the winning proposer on July 3,
1991 and a contract was negotiated substantially in the form
attached.
Resolution
Management Agreement