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File Number: 11-01013
City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ACCEPTING THE RECOMMENDATIONS OF THE CITY MANAGER TO APPROVE
THE FINDINGS OF THE EVALUATION COMMITTEE THAT THE TOP-RANKED
FIRM, PURSUANT TO REQUEST FOR PROPOSALS NO. 226249, FOR FOOD
AND BEVERAGE CONCESSIONS AT THE CITY OF MIAMI OWNED PROPERTY
KNOWN AS THE CITY OF MIAMI RIVERSIDE CENTER LOCATED AT 444
SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA, IS ULTIMATE CATERING LLC;
FURTHER AUTHORIZING THECITY MANAGER TO EXECUTE A CONCESSION
AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM,
FOR SAID PURPOSE, WITH TERMS AND CONDITIONS STATED HEREIN AND
AS MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT.
WHEREAS, the City of Miami ("City") issued Request for Proposals ("RFP") No. 226249 on
October 12, 2010, for the purpose of soliciting proposals from qualified individuals or business entities
interested in managing and operating a food and beverage concession, for a term of five (5) years with
an option to renew for one (1) additional five (5) year period, at the City Miami Riverside Center
cafeteria located at 444 Southwest 2nd Avenue, Miami, Florida ("MRC'), and the City Police
Headquarters building cafeteria located at 400 Northwest 2nd Avenue, Miami, Florida; and
WHEREAS, the City Manager appointed an evaluation committee to review and evaluate the
proposals received in response to the RFP; and
WHEREAS, the evaluation committee recommended the City negotiate and execute the attached
Concession Agreement ("Agreement") with the top-ranked firm, Ultimate Catering LLC, for the MRC;
and
WHEREAS, the City negotiated the terms of the Agreement and has agreed to waive the payment
of the Monthly Use Fee of $350 for the first three full months at this location only, while Ultimate
Catering LLC is diligently repairing and making alterations with respect to obtaining all required
licenses to operate the cafeteria, at their sole cost and expense; and
WHEREAS, the City Manager accepted the recommendations of the evaluation committee and the
City desires to enter into an Agreement with the successful responsive proposer for said purpose; and
WHEREAS, in the event the City is unable to consummate an agreement with Ultimate Catering
LLC, the City is to enter into negotiations with the number 2 ranked proposer, for both locations; and
WHEREAS, should contract negotiations fail with either of the firms, the City shall reject all
proposals received and issue a new RFP;
NOW, THEREFORE, QBE IT RESOLVED BY THE COMMISSION OF THE; CITY OF"' -
F MIHML
FLORIDA:
City of Miami Page I of 2 File Id: 11-01013 01ersion: 1 i Printed On: 11/3/2011
File Number.• 11-01013
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated herein as if fully set forth in this Section.
Section 2. The recommendations of the City Manager approving the findings of the evaluation
committee, that the top-ranked firm, pursuant to RFP No. 226249, for food and beverage concessions
at the City -owned property known as the MRC, is Ultimate Catering, LLC, are accepted.
Section 3. The City Manager is authorized {1}, in a form acceptable to the City Attorney, to execute
an Agreement, in substantially the attached form, between the City and Ultimate Catering LLC, for the
management and operation of the MRC, for a term of five (5) years and an option to renew for one (1)
additional five (5) year period, with monthly use fees of $350 and State of Florida Use Tax, if
applicable, commencing three months from the Effective Date, along with no percentage fee in the first
year, three percent (3%) for the second year, six percent (6%) for the third year, eight percent (8%) for
the fourth year, and ten percent (10%) for the fifth year (10%), with terms and conditions as more
specifically set forth in said agreement.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE 0. BRU
CITY ATTORNEY
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney,. including but not limited to those prescribed by applicable City
Charter and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Co
City of Miami Page 2 of 2 File Id; 11-01013 (Version: 1) Printed On: 11/312011