HomeMy WebLinkAboutR-19-0101City of Miami
Resolution R-19-0101
Legislation
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
City of Miami Page 1 of 2 File ID: 5468 (Revision:) Printed On: 4/17/2025
File ID: 5468 Enactment Number: R-19-0101
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:
ndez, City 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.
City of Miami Page 2 of 2 File ID: 5468 (Revision:) Printed on: 4/17/2025