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LTC 224-2013 Ovations Food Service MIAMI BEA OFFICE OF THE CITY MANAGER NO. 224 -2013 LETTER TO COMMISSION TO: Mayor Matti H. Bower and Member of the City C mmission FROM: Jimmy L. Morales, City Manager DATE: July 2, 2012 SUBJECT: Ovations Food Service This Letter to the Commission (LTC) is to transmit to you the attached letter from .Ovations Food Service regarding the City's Invitation to Negotiate (ITN) for Food and Beverage services for the Miami Beach Convention Center. The letter informs the City that Ovations will no longer seek to contest the City's decision pertaining to the food and beverage agreement. Please feel free to contact me with any questions. JLM \ #B \MAS C: Jose Smith, City Attorney Kathie G. Brooks, Assistant City Manager Raul Aguila, Chief Deputy City Attorney Max A. Sklar, Tourism, Culture and Economic Development Director F:VNF0I$ALLWaxITCD1LTC10vations ITN Letter LTC.docx • � r.a 0 C C r cr; 3:m. r" C C-n Ccomcast. SPECTACOR 3601 South Broad Street • Philadelphia, PA 19148 -5290 • p 215.952.5217 • f 215.389.9579 pweinberg@comcast-spectacor.com PHILIP I. WEINBERG Executive Vice President General Counsel June 26, 2013 VIA EMAIL AND OVERNIGHT DELIVERY Jimmy L. Morales City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 RE: Ovations Food Services, L.P. — ITN No. 2013ME Dear Mr. Morales: As you know, I am General Counsel to Comcast - Spectacor, L. P. and its various partially and wholly owned subsidiaries including Global Spectrum L.P., the contract manager of the Miami Beach Convention Center and Ovations Food Services, L.P., an unsuccessful responder with respect to the above - referenced ITN. I have previously written you expressing our concern with respect to the manner in which a non- binding opinion of the Miami- Dade Ethics Commission (addressing whether the mere fact that Comcast - Spectacor has an ownership interest in both Ovations and Global Spectrum) became the basis to eliminate Ovations from further consideration as a food and beverage provider at the Miami Beach Convention Center. I now write at the request of Peter Luukko, Comcast - Spectator's President and Chief Operating Officer, to inform you that we have conclusively determined not to pursue any protest or other judicial action seeking to set aside or otherwise contest the City of Miami Beach's decision to award a contract under the above referenced ITN to a responder other than Ovations. To reiterate what Peter has directly expressed to you, it is simply not our desire to litigate an issue such as the one involving the Convention Center ITN with a valued customer and business partner, no matter how disappointed we are with the determination that was made. That said and in the interests of full disclosure, I do want to inform you that Comcast - Spectacor has retained counsel to ask the Miami- Dade Ethics Commission to review and reconsider its previous opinion involving Comcast Spectacor and Ovations. As you know, we consider that opinion to be based upon an incomplete and unclear record, to be poorly- reasoned and as having the potential to wrongfully and unfairly impact our ability to carry on our business in other locations. For all of the reasons that Ovations disqualification was unfair to Ovations, public entities like Philadelphia Flyers • Global Spectr.:rnm • Ovations Food Services • PaciolanTM • New Era Tickets • Front Row Marketing Services' Wells Fargo Center • Flyers Skate Zone • Comcast - Spectacor Charities • XFINITY Live! Philadelphia Comcast- Spectacor.com Jimmy L. Morales City of Miami Beach June 26, 2013 Page 2 better articulated record with respect to what constitutes an impermissible conflict of interest in the public procurement area. However, whether or not you are able to weigh in on that issue, we do want to again assure you that the Convention Center food and beverage contract award is behind us and we look forward to serving the City of Miami Beach for many years to come. y trt. y ours, P ' ip I. einbe g mw