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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #5468 Date: 01/30/2019 Commission Meeting Date: 03/14/2019 Requesting Department: Department of Real Estate and Asset Management Sponsored By: District Impacted: District 5 Type: Resolution Subject: Execute Revocable License Agrmnt - Ultimate Catering, LLC. Purpose of Item: A Resolution of the City of Miami Commission, with attachment(s), authorizing the City Manager to execute a revocable license agreement ("Agreement"), between the City of Miami ("City") and Ultimate Catering, LLC ("Concessionaire"). To have quality food and beverage service be provided through concession operations in the City of Miami Police Headquarters building, located at 400 N.W. 2nd Avenue, Miami, FL 33128 ("Premises"). Agreement may be revoked for convenience at the will of the City Manager. Additional Terms and conditions more particularly described in the attached agreement. Background of Item: The City desires to have quality food and beverage service be provided through concession operations in the City of Miami Police Headquarters building, located at 400 N.W. 2nd Avenue, Miami, Florida 33128 (the "Premises"). The current concessionaire, Lopetegui Corporation INC., will be vacating the "Premises" on March 31, 2019. The Concessionaire is willing and able to provide such food and beverage services at the Premises. The City desires to maintain continuous concession operation of the "Premises" until the request for proposal process is completed through the Procurement Department. A Revocable License Agreement, issued to Ultimate Catering LLC, will include a cancellation by request of either parties without cause. Whereas, the thirty (30) day written notice for cancelation without cause will allow a smooth transition after the current concessionaire's departure and continuous operation of the "Premises" throughout the request for proposal process. Budget Impact Analysis Item is Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: $ Approx. 23,000 annual revenue LM01-04002.221100.448000.0000.00000 Reviewed B Real Estate and Asset Management Aldo Bustamante Department Head Review Completed 02/01/2019 1:50 PM Office of Management and Budget Office of Management and Budget Department of Risk Management City Manager's Office City Manager's Office Legislative Division Department of Fire -Rescue Office of the City Attorney Office of the City Attorney City Commission Office of the Mayor Office of the City Clerk Office of the City Clerk Pedro Lacret Christopher M Rose Ann -Marie Sharpe Fernando Casamayor Nikolas Pascual Valentin J Alvarez Daniel Diaz Barnaby L. Min Victoria Mendez Maricarmen Lopez Mayor's Office City Clerk's Office City Clerk's Office Budget Analyst Review Completed 02/05/2019 3:04 PM Budget Review Completed 02/05/2019 3:25 PM Risk Review Completed 02/05/2019 4:07 PM Assistant City Manager Review Completed 02/08/2019 3:32 PM City Manager Review Completed 02/12/2019 11:30 AM Legislative Division Review Completed 02/20/2019 11:42 AM ACA Review Completed 02/25/2019 2:13 PM Deputy City Attorney Review Completed 02/25/2019 2:21 PM Approved Form and Correctness Completed 03/04/2019 5:26 PM Meeting Completed 03/14/2019 9:00 AM Signed by the Mayor Completed 03/25/2019 1:31 PM Signed and Attested by the City Clerk Completed 03/25/2019 2:29 PM Rendered Completed 03/25/2019 2:30 PM City of Miami Legislation Resolution Enactment Number: R-19-0101 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 5468 Final Action Date:3/14/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"); AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND ULTIMATE CATERING, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("CONCESSIONAIRE"), FOR THE PROVISION OF CONCESSION OPERATIONS IN THE CITY OF MIAMI POLICE HEADQUARTERS BUILDING, LOCATED AT 400 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA ("PREMISES") WITH A MONTHLY USE FEE OF FIVE HUNDRED DOLLARS ($500.00), PLUS TEN PERCENT (10%) OF MONTHLY GROSS REVENUES, WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT. WHEREAS, the City of Miami ("City") desires to have quality food and beverage service ("Services") provided through concession operations at the City's Police Headquarters Building, located at 400 Northwest 2nd Avenue, Miami, Florida ("Premises"); and WHEREAS, the current concessionaire, Lopetegui Corporation Inc. ("Lopetegui"), will be vacating the Premises on March 31, 2019; and WHEREAS, Ultimate Catering, LLC, a Florida Limited Liability Company ("Concessionaire"), is willing and able to provide the Services at the Premises; and WHEREAS, the City desires to maintain continuous concession operations at the Premises, until a formal request for proposal ("RFP") process can be implemented and completed by the City's Procurement Department; and WHEREAS, the City desires to execute a Revocable License Agreement ("Agreement") with the Concessionaire to provide the Services at a monthly use fee paid by the Concessionaire to the City of five hundred dollars ($500.00), plus ten percent (10%) of monthly gross revenues; and WHEREAS, the Agreement will allow for a seamless transition upon departure by Lopetegui and continuous operation of Services at the Premises throughout the RFP process; and WHEREAS, the City has determined that entering into the Agreement is in the best interests of the City, and that Concessionaire has the experience at City's facilities to efficiently provide the Services; 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 adopted by reference and incorporated as if fully set forth in this Section. Section 2. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manager's recommendation and written findings, attached and incorporated as Exhibit "A," pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as amended, waiving the requirements for competitive sealed bidding as not being practicable or advantageous to the City, is ratified, confirmed, and approved. Section 3. The City Manager is authorized to enter into the Agreement, in a form acceptable to the City Attorney, between the City and the Concessionaire for the provision of the Services at the Premises with a monthly use fee of five hundred dollars ($500.00), plus ten percent (10%) of monthly gross revenues, with terms and conditions as more specifically set forth in the Agreement. Section 4. The City Manager is further authorized' to negotiate and execute any and all necessary documents, in a form acceptable to the City Attorney, for said purpose. Section 5. This Resolution shall become effective immediately upon adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: nd-LI e Attor ey 3/4/2019 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 City Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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 Commission.