Amendment 2 with Centerplate for Catering Concessions c2c is 2&C,�
AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH
AND SERVICE AMERICA CORPORATION D/B/A CENTERPLATE FOR CATERING
CONCESSIONS AT THE CITY OF MIAMI BEACH CONVENTION CENTER
This Amendment No. 2 to the Agreement, is made and entered into this 21St day
of December, 2012, by and between the CITY CAF MIAMI BEACH, FLORIDA, a
municipal corporation having its principal office at 1700 Convention Center Drive, Miami
Beach, Florida, 33139 ("City"), and Service America Corporation d/b/a CENTERPLATE,
a Delaware corporation whose address is 2187 Atlantic Street, Stamford, CT 06902
("Concessionaire" or "Centerplate").
RECITALS
WHEREAS, on March 1, 2007, the City entered into an Agreement with
Centerplate for the exclusive provision of food and beverage services at the Miami Beach
Convention Center ("MBCC") for an initial term of five (5) years, expiring September 30,
2012 at midnight, as amended by that certain Amendment No. 1 dated December 18,
2009 (together, with this Amendment No. 2, the "Agreement");
WHEREAS, on April 25, 2012, the City issued Request for Proposals No. 3911/12
for Catering and Concession Services for the Miami Beach Convention Center (the REP);
and
WHEREAS, on September 12, 2012, the Mayor and City Commission adopted
Resolution No. 2012-28006, accepting the recommendation of the City Manager to reject
all proposals received in response to the RFP; and
WHEREAS, so as to ensure that there would be no disruption of catering and
concession services at the MBCC, Resolution No. 2012-28006 also authorized and
approved an extension of the Agreement, on a quarterly (three month) basis,
commencing on October 1, 2012.
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements herein contained, and other good and valuable consideration, in receipt and
adequacy of which are hereby acknowledged and intending to be legally bound, the City
and Concessionaire hereby amend the Agreement as follows:
1. The aforesaid recitals are true and correct and incorporated by reference
herein.
2. Unless otherwise expressly stated herein, all capitalized terms shall have
the respective meanings ascribed in the Agreement.
3. Section 3 of the Agreement, entitled "Term" is amended to extend the Initial
Term of the Agreement, commencing on 12:01 AM on October 1, 2012, on a quarterly
(i.e. three [3] month) basis until March 31, 2013; provided, however, that each party shall
have the right to terminate the Agreement for convenience, without cause, and
without any penalty to the other, upon ninety (90) days prior written notice. In the event
of such termination, Concessionaire and City shall proceed in accordance with Section
9.5 of the Agreement ("Rights and Duties Upon a Termination").
4. Notice should also now and in the future be copied to: Centerplate, 2187
Atlantic Street, Stamford, CT 06902. ATTN: Legal Department.
5. Except as expressly set forth in this Amendment No. 2 to the Agreement,
all other terms and conditions set forth in the Agreement shall remain in full force and
effect.
[Signature Page Follows]
IN WITNESS WHEREOF, this Agreement has been duly executed by the parties
hereto as of the day and year first above written.
ATTEST: CITY OF MIAMI BEACH, F ORIDA
Name: l Name:X
Title: Vie. G i2-p- e: Gi Dom'
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ORATED:
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ATTEST: DICE AMERICA CORPORATION d/b/a
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Name: A, �-'�" Name:
Title:- , L Title:
Date:
APPROVED AS TO
FORM &LANGUAGE
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City AttorneyS Date