Resolution 2021-31707 RESOLUTION NO. 2021-31707
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
FINANCE AND ECONOMIC RESILIENCY COMMITTEE, AND WAIVING THE
FORMAL COMPETITIVE BIDDING REQUIREMENT IN SECTION 2-367(e) OF
THE CITY CODE, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST
OF THE CITY, AND APPROVING, BY 6/7TH VOTE, AMENDMENT NO. 3 TO
THE CATERING AND CONCESSION SERVICES AGREEMENT, DATED JUNE
5, 2013, WITH SERVICE AMERICA CORPORATION D/B/A CENTERPLATE;
SAID AMENDMENT: (1) EXPANDING THE SCOPE OF THE AGREEMENT TO
INCLUDE THE FOOD AND BEVERAGE SERVICES FOR THE CARL FISHER
CLUBHOUSE BUILDINGS, LOCATED WITHIN THE 21ST STREET
COMMUNITY CENTER COMPLEX, AT 2100 WASHINGTON AVENUE; (2)
APPROVING CENTERPLATE'S CAPITAL CONTRIBUTION, IN AN AMOUNT
NOT TO EXCEED $750,000, FOR THE CARL FISHER CLUBHOUSE
BUILDINGS; (3) RESTRUCTURING THE FINANCIAL TERMS FOR THE
CATERING AND CONCESSION OPERATIONS OF THE MIAMI BEACH
CONVENTION CENTER AND CARL FISHER CLUBHOUSE BUILDINGS, BY
REQUIRING THE CITY TO PAY A MANAGEMENT FEE OF 4% (INSTEAD OF
7%) OF GROSS RECEIPTS, AND REQUIRING CENTERPLATE TO PAY THE
CITY 83% (INSTEAD OF 95%) OF THE NET OPERATING PROFITS; AND (4)
EXTENDING THE TERM OF THE ENTIRE AGREEMENT FOR AN
ADDITIONAL FOUR (4) YEAR PERIOD, EXPIRING ON SEPTEMBER 30,
2026; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AMENDMENT NO. 3.
WHEREAS, on June 5, 2013, the City of Miami Beach and Service America Corporation
d/b/a/ Centerplate ("Centerplate") entered into a Catering and Concession Services Agreement
for the Miami Beach Convention Center ("MBCC"), having an initial term of three (3) years, with
two (2) one-year renewal terms, at the City's option (the "Agreement"); and
WHEREAS, in order to ensure continuity of services for a full operational year, following
the completion of the MBCC project, on April 13, 2016, the Mayor and City Commission adopted
Resolution No. 2016-29369, waiving the formal competitive bidding requirement and approving
an additional two (2) year and three (3) month extension of the term, expiring on September 30,
2020, as memorialized in Amendment No. 1 to the Agreement, with an effective date of July 1,
2016; and
WHEREAS, on September 12, 2018, the Mayor and City Commission adopted
Resolution No. 2018-30507, approving Amendment No. 2 to the Agreement, executed on
October 3, 2018, extending the term of the Agreement from September 30, 2020 to September
30, 2022 and modifying the management and fee structure of the Agreement; and
WHEREAS, as consideration for the two-year extension, memorialized in Amendment
No. 2, Centerplate made a capital investment of $150,000 toward food service capital projects,
in addition to the $300,000 capital investment required in the Agreement at the time, and
restructured the financial terms of the Agreement to provide for the City to receive 95% of the
net operating profit of the catering and concession operations at the MBCC; and
WHEREAS, the goal of the modification to the financial terms was to transition the
relationship between the City and Centerplate, from a concession agreement, where
Centerplate was granted a right to make all catering and concession management and
operational decisions for MBCC, and therefore receive all profits for their services, to an
agreement where the City and Centerplate are positioned as partners (financially and
operationally)for increased success and overall flexibility in the relationship; and
WHEREAS, in 2019, the Administration sought to renovate the Carl Fisher Clubhouse
and Clubhouse Annex (f/k/a Little Stage Theater) (collectively the "Carl Fisher Clubhouse" or
"Carl Fisher Clubhouse buildings") with the vision to make Collins Canal Park a center of action
with people from the neighborhood and tourists gathering for events and relaxation; and
WHEREAS, at its January 15, 2020, City Commission meeting, the Mayor and City
Commission directed the City Administration to issue a Request for Letters of Interest (RFLI) for
a Food and Beverage Operator(Restaurant Venue) at the Carl Fisher Clubhouse; and
WHEREAS, on January 27, 2020, by way of LTC, the Administration requested
authorization to issue a Request for Proposals (RFP), instead of an RFLI, in order to better
assess the qualifications, methodology, and financial factors associated with this project and
avoid the possibility of any future award requiring a bid waiver; and
WHEREAS, accordingly, on January 28, 2020, the Administration issued Request for
Proposals (the "RFP") 2020-109-WG for a Food and Beverage Operator at the Carl Fisher
Clubhouse, seeking proposals from experienced restaurateurs to provide the food and beverage
services operation and management of a high quality, yet casual, canal/park destination
restaurant; and
WHEREAS, on March 10, 2020, the City received only one proposal, from Centerplate;
and
WHEREAS, in the event that only one responsive proposal is received, the City
Manager, after determination that the sole responsive proposal materially meets the
requirements of the RFP, may, without an evaluation committee, recommend to the City
Commission that the Administration enter into negotiations; and
WHEREAS, the proposal submitted by Centerplate, was found to be responsive to the
requirements of the RFP, and also satisfied the City's primary goal of ensuring that the Carl
Fisher Clubhouse buildings would be an integral extension of the MBCC Campus, and providing
the same level of service to the public as is provided at the MBCC; and
WHEREAS, on July 29, 2020, the Mayor and City Commission adopted Resolution No.
2020-31334 awarding the contract pursuant to the RFP to Centerplate and referring a
discussion on the material terms of the Agreement to the Finance and Citywide Project
Committee (n/k/a the "Finance and Economic Resiliency Committee" (FERC)); and
WHEREAS, on September 23, 2020, FERC discussed the material terms of the
agreement in response to the RFP, proposing an amendment to the Agreement to include the
scope of the RFP in the Agreement, and extending the term of the Agreement, so that the
services for the Carl Fisher Clubhouse buildings and the MBCC food and beverage services
would run concurrently, and voted, by acclamation, to move the item to the full City
Commission; and
WHEREAS, the Administration recommended amending the Agreement to include the
scope of the RFP, due to the synergy of services between the MBCC and the Carl Fisher
Clubhouse buildings; and
WHEREAS, one key element of the negotiations was the development of a collective
financial approach, including the MBCC, designed to emphasize the importance of achieving
mutually desired profit levels for the City through the effective management techniques of
Centerplate; and
WHEREAS, under the current terms of the Agreement, Centerplate receives a monthly
Management Fee equal to 7% of Gross Receipts and 5 % of the monthly Net Operating Profits,
with the City receiving 95% of the monthly Net Operating Profits; and
WHEREAS, part of the essential proposed financial terms of Amendment No. 3
("Amendment") to the Agreement include a reduction in the percentage of fees incurred by the
City of Miami Beach in relation to Gross Receipts generated by the Carl Fisher Clubhouse
buildings and the MBCC and restructures the share of Net Operating Profits that is available to
Centerplate; and
WHEREAS, the essential terms of the proposed Amendment are as follows:
1. Financial
a. Management Fee -4% of Gross Receipts
b. Profit Sharing Distribution — City - 83% of Net Operating Profits;
Centerplate— 17% of Net Operating Profits;
2. Extension of Term of Entire Agreement
Amendment No. 3 will create a co-terminus expiration date of September 30,
2026 for both, the MBCC and the Carl Fisher Clubhouse buildings, operations.
There are no additional options to extend the Agreement beyond this date;
3. Capital Investment
Centerplate will invest up to $750,000 in capital improvements designed to
increase the Carl Fisher Clubhouse buildings' attractiveness and support a
successful operation;
4. Proforma— Financial Modeling
The City and Centerplate will develop a five-year financial forecast to be used as
a reference point to assess the ongoing overall financial performance of Carl
Fisher Clubhouse buildings' operations and food and beverage operations at
MBCC;
5. Emergency Catering Services
City will be allowed to use the Carl FisherClubhouse buildings as a point of distribution
for meals during emergency events;
6. Public Benefit Programs
• the City will have access to space with a specified"at cost"structure including no
rental charges; and
• Centerplate will develop a workforce development program with quantitative
employment targets through interface with local high schools and hospitality
programs with an emphasis on underserved communities;
7. Local Chefs Participation
Centerplate will develop an agreed upon approach to engage with local Chefs and
others to collaborate in public facing events and activities; and
8. Sustainability
A comprehensive sustainability program will be instituted designed to reduce non-
recyclable or compostable waste to a minimum; and
WHEREAS, as the proposed extension of the term would result in a concession
agreement in excess of ten years, pursuant to Section 1.03 (f) of the City Charter, the proposed
Amendment requires approval by a majority of 4/7th vote of all members of the Planning Board
and 6/7th vote of all members of the City Commission; and
WHEREAS, on March 17, 2021, the Mayor and City Commission referred Amendment
No. 3 to the Agreement to the Planning Board (item C4 H); and
WHEREAS, the Planning Board met on April 27, 2021 and approved, by 4/7ths vote,
pursuant to Section 1.03(f) of the City Charter, and Section 118-51(11) of the City's Land
Development Regulations, Amendment No. 3 to the Agreement; and
WHEREAS, the terms of the proposed Amendment create a balanced approach to
achieving a positive financial outcome and enhancing the quality of life for our community; and,
as such, the City Manager recommends that the Mayor and City Commission waive, by 5/7th
vote, the formal competitive bidding requirement in Section 2-367(e) of the City Code, as being
in the best interest of the City, and approve, by 6/7th vote, Amendment No. 3, incorporated
herein by reference and attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the Finance and Economic Resiliency
Committee, and waive the formal competitive bidding requirement in Section 2-367(e) of the
City Code, finding such waiver to be in the best interest of the City, and approve, by 6/7th vote,
Amendment No. 3 to the Catering and Concession Services Agreement, dated June 5, 2013,
with Service America Corporation d/b/a Centerplate; said amendment: (1) expanding the scope
of the Agreement to include the food and beverage services for the Carl Fisher Clubhouse
buildings, located within the 21st Street Community Center Complex, at 2100 Washington
Avenue; (2) approving Centerplate's capital contribution, in an amount not to exceed $750,000,
for the Carl Fisher Clubhouse buildings; (3) restructuring the financial terms for the catering and
concession operations of the Miami Beach Convention Center and Carl Fisher Clubhouse
buildings, by requiring the City to pay a Management Fee of 4% (instead of 7%) of Gross
Receipts, and requiring Centerplate to pay the City 83% (instead of 95%) of the Net Operating
Profits; and (4) extending the term of the entire Agreement for an additional four (4) year period,
expiring on September 30, 2026; and further authorize the Mayor and City Clerk to execute
Amendment No. 3.
PASSED AND ADOPTED this day of 2021.
ATTEST:
Dan Gelber, Mayor
•
Ra ael E. Granado, City Clerk
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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City Attorney Date
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Agenda Item: R7 F
Date: 5/12/2021
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber and Members of the City Commission
cDocuSigned by:
FROM: Alina T. Hudak, City Manager a(iina t NuI.4L
"-7AE29EF3491349E...
DATE: May 12, 2021
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
FINANCE AND ECONOMIC RESILIENCY COMMITTEE, AND WAIVING THE
FORMAL COMPETITIVE BIDDING REQUIREMENT IN SECTION 2-367(E) OF
THE CITY CODE, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF
THE CITY, AND APPROVING, BY 617TH VOTE, AMENDMENT NO. 3 TO THE
CATERING AND CONCESSION SERVICES AGREEMENT, DATED JUNE 5,
2013,WITH SERVICE AMERICA CORPORATION D/B/A CENTERPLATE;SAID
AMENDMENT: (1) EXPANDING THE SCOPE OF THE AGREEMENT TO
INCLUDE THE FOOD AND BEVERAGE SERVICES FOR THE CARL FISHER
CLUBHOUSE BUILDINGS, LOCATED WITHIN THE 21ST STREET
COMMUNITY CENTER COMPLEX, AT 2100 WASHINGTON AVENUE; (2)
APPROVING CENTERPLATE'S CAPITAL CONTRIBUTION, IN AN AMOUNT
NOT TO EXCEED $750,000, FOR THE CARL FISHER CLUBHOUSE
BUILDINGS; (3) RESTRUCTURING THE FINANCIAL TERMS FOR THE
CATERING AND CONCESSION OPERATIONS OF THE MIAMI BEACH
CONVENTION CENTER AND CARL FISHER CLUBHOUSE BUILDINGS, BY
REQUIRING THE CITY TO PAY A MANAGEMENT FEE OF 4% (INSTEAD OF
7%) OF GROSS RECEIPTS, AND REQUIRING CENTERPLATE TO PAY THE
CITY 83% (INSTEAD OF 95%) OF THE NET OPERATING PROFITS; AND (4)
EXTENDING THE TERM OF THE ENTIRE AGREEMENT FOR AN ADDITIONAL
FOUR (4) YEAR PERIOD, EXPIRING ON SEPTEMBER 30, 2026; AND
FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
AMENDMENT NO. 3.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission of the City of Miami Beach,
Florida approve the Resolution accepting the recommendation of the Finance and Economic
Resiliency Committee to approve Amendment No. 3 to the Catering and Concession Services
Agreement with Service America Corporation d/b/a Centerplate that includes the following
amendments further detailed herein: (1) expanding the scope of the Catering and Concession
Services Agreement to include the food and beverage services for the Carl Fisher Clubhouse
buildings; (2) approving Centerplate's capital contribution of$750,000 maximum for equipment,
furnishings and improvements to the Carl Fisher Clubhouse buildings; (3) restructuring the
financial terms of the Agreement requiring the City to pay Centerplate a management fee of 4%
(instead of 7%) of gross receipts and requiring Centerplate to pay the city 83% (instead of 95%)
of the net operating profits(see Attachment B); and (4)extending the term of the entire agreement
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for an additional four(4)year period, expiring on September 30, 2026, to allow for amortization of
the capital contribution.
BACKGROUND/HISTORY
On June 5, 2013, the City of Miami Beach and Service America Corporation d/b/a/ Centerplate
("Centerplate") entered into a Catering and Concession Services Agreement for the Miami Beach
Convention Center ("MBCC"), having an initial term of three (3) years, with two (2) one-year
renewal terms, at the City's option (the"Agreement").
In order to ensure continuity of services for a full operational year, following the completion of the
MBCC project, on April 13, 2016, the Mayor and City Commission adopted Resolution No. 2016-
29369, waiving the formal competitive bidding requirement and approving an additional two (2)
year and three(3)month extension of the term,expiring on September 30,2020, as memorialized
in Amendment No. 1 to the Agreement, with an effective date of July 1, 2016.
On September 12, 2018, the Mayor and City Commission adopted Resolution No. 2018-30507,
approving Amendment No. 2 to the Agreement, executed on October 3, 2018, extending the term
of the Agreement from September 30, 2020 to September 30, 2022, and modifying the
management and fee structure of the Agreement. As consideration for the two-year extension,
memorialized in Amendment No. 2, Centerplate made a capital investment of$150,000 toward
food service capital projects, in addition to the $300,000 capital investment required in the
Agreement at the time, and restructured the financial terms of the Agreement to provide for the
City to receive 95% of the Net Operating Profits of the catering and concession operations at the
MBCC. The goal of the modification to the financial terms was to transition the relationship
between the City and Centerplate, from a concession agreement,where Centerplate was granted
a right to make all catering and concession management and operational decisions for MBCC,
and therefore receive all profits for their services,to an agreement where the City and Centerplate
are positioned as partners (financially and operationally) for increased success and overall
flexibility in the relationship.
In 2019, the Administration sought to renovate the Carl Fisher Clubhouse and Clubhouse Annex
(f/k/a Little Stage Theater) (collectively the "Carl Fisher Clubhouse" or "Carl Fisher Clubhouse
buildings") with the vision to make Collins Canal Park a center of (collectively the "Carl Fisher
Clubhouse" or "Carl Fisher Clubhouse buildings") with the vision to make Collins Canal Park a
center of action with people from the neighborhood and tourists gathering for events and
relaxation; and At its January 15, 2020, City Commission meeting, the Mayor and City
Commission directed the City Administration to issue a solicitation for a Food and Beverage
Operator(Restaurant Venue) at the Carl Fisher Clubhouse.
ANALYSIS
As directed by the City Commission, on January 28, 2020, the Administration issued Request for
Proposals (the "RFP") 2020-109-WG for a food and beverage operator at the Carl Fisher
Clubhouse.The goal of the RFP was to seek proposals from experienced restaurateurs to provide
the food and beverage services operation and management of a high quality, yet casual,
canal/park destination restaurant. The City marketed the RFP to various known and suggested
restaurant and industry groups. The City held three site visits to accommodate requests from
interested parties. Despite these efforts, on March 10, 2020, the City received a sole proposal
from Centerplate in response to the RFP.
Input from the Finance and Economic Resiliency Committee
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On July 29, 2020, the Mayor and City Commission adopted Resolution No. 2020-31334
authorizing negotiations with Centerplate and referring a discussion on the material terms of the
Agreement to the Finance and Economic Resiliency Committee(FERC). On September 23,2020,
FERC discussed the material terms of the food and beverage provisions at the Carl Fisher
Clubhouse buildings and other terms recommended by the Administration, including the following:
• incorporating the contractual agreement for food and beverage at the Carl Fisher
Clubhouse buildings into the existing agreement with Centerplate at the Miami Beach
Convention Center;
• restructuring the financial terms for both the Miami Beach Convention Center and the
Carl Fisher Clubhouse buildings to reduce the City's management fee obligation and
incentivize the concessionaire to promote and increase food and beverage sales at
both facilities to achieve mutually desired profitability.
After input from the FERC and negotiations with Centerplate, the following are the proposed
material terms of Amendment No. 3 to the Agreement with Centerplate.
1. Management Fee paid by the City. Under the current terms of the Agreement,
Centerplate receives a monthly Management Fee equal to 7% of gross receipts. The
management fee structure, while necessary for Centerplate's operation, does not
incentivize the concessionaire to promote and increase food and beverage sales. It is
recommended that the management fee be reduced from 7%to 4% of gross receipts. See
Attachment B for details.
2. Revenue Share retained by Centerplate. Under the current terms of the Agreement,
Centerplate retains 5% of the net revenue yielded from food and beverage sales. Again,
it is believed that increasing the revenue share retained by Centerplate will incentivize the
operator to promote and increase sales at both the Miami Beach Convention and Carl
Fisher Clubhouse buildings through special events, dining promotions, Sunday brunches
and other opportunities for increased sales. It is recommended that the revenue share to
Centerplate be increased from 5% to 17% of net revenues. It is important to point out the
as net revenue increases, the City's yield is also increases. See Attachment B for details.
3. Capital Investment. Centerplate will invest up to$750,000 in capital improvements at the
Carl Fisher Clubhouse buildings designed to outfit the facility and increase attractiveness,
marketability to support a successful operation.
4. Co-terminus dates for the Miami Beach Convention Center and the Carl Fisher
buildings Agreements. As the two venues are intricately tied, is not feasible for one
agreement to survive or expire before the other. Therefore, it is proposed that the
Amendment create a co-terminus expiration date of September 30, 2026 for both venues.
There are no additional options incorporated to extend the Agreement beyond this date.
5. Proforma — Financial Modeling. The City and Centerplate will develop a five-year
financial forecast to be used as a reference point to assess the ongoing overall financial
performance of Carl Fisher Clubhouse buildings' operations and food and beverage
operations at MBCC.
6. Emergency Catering Services. City will be allowed to use the Carl Fisher Clubhouse
buildings as a point of distribution for meals during emergency events, as well as furnish
meals to emergency response personnel if requested by the City at an agreed to pricing.
7. Public Benefit Program. i) The City will have access to space with a specified "at cost"
structure including no rental charges for City-sponsored event. ii) Centerplate will develop
a workforce development program with quantitative employment targets through interface
with local high schools and hospitality programs with an emphasis on underserved
communities.
8. Sustainability. A comprehensive sustainability program will be instituted designed to
reduce non-recyclable or compostable waste to a minimum.
DocuSign Envelope ID:97633596-2B38-424E-8582-970CB2F91A13
9. Local Chefs Participation. Centerplate will develop an agreed upon approach to engage
with local Chefs and others to collaborate in public facing events and activities.
After discussing the aforementioned items and proposed inclusions to the Amendment, on
September 23, 2020, the FERC recommended that the Amendment be submitted to the City
Commission for consideration.
Planning Board Approval
Pursuant to Section 1.03 (f) of the City Charter, management agreements for the operation of
City-owned property of ten (10) years or longer require the approval, by a majority of 4/7th vote
of all members of the Planning Board, and 6/7th vote of all members of the City Commission.
Accordingly, on March 17, 2021, the Mayor and City Commission referred Amendment No. 3 to
the Agreement to the Planning Board (item C4 H).The Planning Board met on April 27, 2021 and
approved, by 4/7ths vote, pursuant to Section 1.03(f) of the City Charter, and Section 118-51(11)
of the City's Land Development Regulations, Amendment No. 3 to the Agreement.
SUPPORTING SURVEY DATA
Not Applicable
FINANCIAL INFORMATION
Grant funding will not be utilized for this project.
CONCLUSION
The terms of the proposed Amendment No. 3 create a balanced approach to achieving a positive
financial outcome and enhancing the quality of life for our community.Therefore,the City Manager
recommends that the Mayor and City Commission waive, by 6/7th vote, the formal competitive
bidding requirement in Section 1.03(f) of the City.Charter, finding such waiver to be in the best
interest of the City, and approve and authorize the Mayor and City Clerk to execute Amendment
No. 3 to the Catering and Concession Services Agreement, dated June 5, 2013, with Service
America Corporation d/b/a Centerplate; said amendment: (1) expanding the scope of the
Agreement to include the food and beverage services for two City facilities(Carl Fisher Clubhouse
buildings), located within the 21st Street Community Center Complex, having a street address of
2100 Washington Avenue, pursuant to Request For Proposals 2020-109-WG for Food and
Beverage Operator (Restaurant Venue) at the Carl Fisher Clubhouse (the RFP); (2) approving
Centerplate's capital contribution, in an amount not to exceed $750,000, for the Carl Fisher
Clubhouse buildings; (3) restructuring the financial terms for the catering and concession
operations of the Miami Beach Convention Center and Carl Fisher Clubhouse buildings, by
requiring the City to pay a Management Fee of 4% (instead of 7%)of gross receipts, and requiring
Centerplate to pay the City 83% (instead of 95%) of the net operating profits; and (4) extending
the term of the Agreement for an additional four(4) year period, expiring on September 30, 2026.
Is this a "Residents Right
to Know" item, pursuant to
City Code Section 2-14?
No
Does this item utilize G.O.
Bond Funds?
No
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Strategic Connection
Prosperity- Develop the Convention Center campus.
Legislative Tracking
Tourism and Cultural Development/Procurement
ATTACHMENTS:
Description
Attachment A
Resolution
Centerplate Amendment#3 Financial Structure Comparison
DS DS DS
AD
MM LVA/AD
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AMENDMENT NO. 3
TO
THE CATERING AND CONCESSIONS SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
SERVICE AMERICA CORPORATION D/B/A CENTERPLATE
This Amendment No. 3 ("Amendment") is made effective as of
("Effective Date"), by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal
corporation having its principal office at 1700 Convention Center Drive, Miami Beach, Florida,
33139 (the "City"), and a Delaware corporation, SERVICE AMERICA CORPORATION, a
Delaware corporation, d/b/a CENTERPLATE, whose address is 2187 Atlantic Street, Stamford,
CT 06902("Concessionaire"or"Centerplate"), and hereby amends the Catering and Concessions
Services Agreement, dated as of June 5, 2013, as amended by Amendment No. 1 and
Amendment No. 2 (collectively, the"Agreement"), as follows:
RECITALS
WHEREAS, the City is the owner of the Miami Beach Convention Center(the"Convention
Center" or "MBCC"), having approximately 491,651 square feet of exhibition space and five (5)
ballrooms, located at 1901 Convention Center Drive; and
WHEREAS, on December 12, 2012, the Mayor and City Commission approved the
issuance of Invitation to Negotiate No. 059-2013ME For Food and Beverage for the Miami Beach
Convention Center(the ITN); and
WHEREAS, on June 5, 2013, the Mayor and City Commission adopted Resolution No.
2013-28241, accepting the proposal submitted by Centerplate pursuant to the ITN; and
WHEREAS,the parties executed an agreement, dated June 5, 2013, having an initial term
of three (3) years, with two (2) one-year renewal terms, at the City's option; and
WHEREAS, the initial term of the Agreement expired on June 30, 2016; and
WHEREAS, in order to ensure continuity of services for a full operational year following
the completion of the Miami Beach Convention Center Project, on April 13, 2016, the Mayor and
City Commission adopted Resolution No. 2016-29369, waiving the formal competitive bidding
requirement and approving an additional two (2) year and three (3) month extension of the term,
expiring on September 30, 2020, memorialized in Amendment No. 1 to the Agreement, with an
effective date of July 1, 2016; and
WHEREAS, on September 12, 2018,the Mayor and City Commission adopted Resolution
No. 2018-30507, waiving the formal competitive bidding requirement and approving Amendment
No. 2,which amendment restructured the financial terms of the Agreement and extended the term
for an additional two years, for a term expiring on September 30, 2022; and
WHEREAS, the Additional Investment in the Convention Center, referenced in Section
4.2 of the Agreement, in the amount of $550,000, has been fully amortized as of the Effective
Date of Amendment No. 3; and
EXHIBIT "A"
1
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WHEREAS, the City is also the owner of the two buildings located within the 21st Street
Community Center Complex, having a street address of 2100 Washington Avenue, known as the
Carl Fisher Clubhouse, having approximately 3,080 square feet of space, and a smaller building
previously known as the Little Stage theater(the"Clubhouse Annex"), having approximately 2,295
square feet of space (collectively, the "Clubhouse Buildings"); and
WHEREAS, the City is in the process of completing renovations to the Clubhouse
Buildings and repurposing them for use as dining and catering facilities; and
WHEREAS, on July 29, 2020, the Mayor and City Commission adopted Resolution No.
2020-31334, awarding the contract to Centerplate, as the sole responsive, responsible proposer,
pursuant to Request for Proposals (RFP) 2020-109-WG Food and Beverage Operator at the Carl
Fisher Clubhouse; and further referring the material terms of the Agreement to the Finance and
Citywide Projects Committee (n/k/a Finance and Economic Resilience Committee("FERC")); and
WHEREAS, on September 23, 2020, FERC discussed the material terms of the
agreement in response to the RFP, proposing an amendment to the Agreement to include the
scope of the RFP in the Agreement, and extending the term of the Agreement, so that the RFP
services and the Convention Center food and beverage services would run concurrently; and
WHEREAS, Concessionaire shall be given possession of the Clubhouse Buildings as of
(i) the date the City substantially completes the renovations at a particular Clubhouse Building,
as evidenced from a Certificate of Completion, Temporary Certificate of Occupancy or Certificate
of Occupancy, whichever occurs first; and (ii)the City tenders the keys for the Clubhouse Building
to Concessionaire (the "Possession Date"); and
WHEREAS, on , the Mayor and City Commission adopted Resolution
No. , accepting the written recommendation of the City Manager, and
waiving, by 5/7th vote, the formal competitive bidding requirement of Section 2-367(e) of the City
Code, finding such waiver to be in the best interest of the City, and approving Amendment No. 3
to the Agreement; said amendment: (1) extending the term of the Agreement for an additional
four .(4) years, ending on September 30, 2026; (2) expanding the scope of services of the
Agreement to include catering and concession services for the Clubhouse Buildings; (3)
restructuring the financial terms of the Agreement; and (4) approving Centerplate's capital
contribution, in an amount not to exceed $750,000, for the Clubhouse Buildings.
NOW,THEREFORE, in consideration of the mutual promises, covenants and agreements
herein contained, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties intending to be legally bound, hereby agree 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. The first paragraph of the "Background" section of the Agreement, on Page 1 of
the Agreement is hereby deleted in its entirety and replaced with the following:
The City is the owner of the Miami Beach Convention Center (the "Convention Center"),
located at 1901 Convention Center Drive, including the adjacent grounds and marshalling areas,
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excluding the adjacent parking lots. Additionally, the City owns the Carl Fisher Clubhouse, having
approximately 3,080 square feet of space, and the Clubhouse Annex, having approximately 2,295
square feet of space (collectively, the "Clubhouse Buildings"), located at 2100 Washington
Avenue, including the non-exclusive use of certain Outdoor Concession Areas, as more
particularly depicted in Exhibit "2". The Clubhouse Annex shall offer Restaurant Services (as
defined in Section 1(ff)), and developed as a Rum Room motif, with the Carl Fisher Clubhouse
providing support and additional seating areas, pursuant to the Scope of Services for the
Clubhouse Buildings, incorporated herein by reference and attached hereto as Exhibit "3". The
Convention Center, the Carl Fisher Clubhouse and the Clubhouse Annex shall be operated by
Global Spectrum, L.P. d/b/a Spectra Venue Management (the "Convention Center Manager"),
pursuant to Spectra's Management agreement with the City (the "Spectra Management
Agreement"). The City reserves the right to contract with a third party, or itself assume, the
responsibilities of the Convention Center Manager, in the event the Spectra Management
Agreement expires or is terminated.
4. The definition of "Facility" in Section 1(o) is hereby deleted, in its entirety, and
replaced with the following:
"Facility" shall collectively refer to the Convention Center, the Carl Fisher Clubhouse and
the Clubhouse Annex, unless referred to by their individual name.
5. The definition of "Food and Beverage Items" in Section 1(r) shall include a new
sentence at the end of that section that states as follows:
Additionally, the Clubhouse Annex shall operate as a full service restaurant, offering Food
and Beverage Items, as more particularly set forth in Exhibit "3-1", for dining in, take out,
or, at Concessionaire's option, delivery services.
6. The definition of"Services" in Section 1(ff)shall include a new sentence at the end
of that section that states as follows:
Additionally,the Annex shall continuously operate as a full service restaurant("Restaurant
Services"), with the Carl Fisher Clubhouse providing Ancillary Restaurant Services
pursuant to the Scope of Services for the Clubhouse Buildings described in Exhibit"3".
7. The following new paragraph shall be added to the definition of"Quality Operating
Standard" in Section 1(y):
Additionally, Concessionaire shall comply with any COVID-19 guidelines implemented by
the federal government, the State of Florida, including the State Department CDC
guidelines, and City of Miami Beach, Florida requirements, as may be changed from time
to time ("Governmental COVID-19 Requirements"). Moreover, the City, under this
Agreement, may require additional, more restrictive requirements, subject to modification
from time to time by the City, upon written notice to Concessionaire. As of the Effective
Date of this Amendment, and in addition to any Governmental COVID-19 Requirements,
Concessionaire shall comply with the City's COVID-19 Guidelines, incorporated herein by
reference and attached hereto as Exhibit"4".
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8. The definition of"Net Operating Profits" is hereby amended as follows:
"Net Operating Profits" shall be calculated by subtracting the Operating Expenses from
the total Gross Receipts. The Operating Expenses shall mean the out-of-pocket costs
incurred and paid by Concessionaire pursuant to this Agreement and the Annual
Operating Budget(as defined herein), and shall consist of,the actual expense of the Wood
and bBeverage product Items, on-site direct payroll, payroll taxes, fringe benefits,
depreciation and amortization of the Additional Investment (including Centerplate's
Additional Investment made in Amendment No. 1), costs paid to service providers and
other expenses directly related to providing &Services at
the Facility, repair and maintenance, cleaning, credit card fees (net of discounts or fees
received from credit card or debit card providers), office supplies, insurance, contractual
reserves required pursuant to the Agreement, including the Marketing Reserve Fund,
Capital Equipment Replacement Reserve Fund, and the Management Fee.
9. A new Section 3.3 is hereby added, as follows:
3.3 TERMINATION FOR CONVENIENCE OF THE CITY
THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS
CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT
ANY TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO
CONCESSIONAIRE OF SUCH TERMINATION; WHICH SHALL BECOME
EFFECTIVE WITHIN NINETY (90) DAYS FOLLOWING RECEIPT BY THE
CONCESSIONAIRE OF SUCH NOTICE. ADDITIONALLY, IN THE EVENT OF A
PUBLIC HEALTH, WELFARE OR SAFETY CONCERN, AS DETERMINED BY
THE CITY MANAGER, IN THE CITY MANAGER'S SOLE DISCRETION, THE
CITY MANAGER, PURSUANT TO A VERBAL OR WRITTEN NOTIFICATION TO
CONSULTANT, MAY IMMEDIATELY SUSPEND THE SERVICES AT THE
FACILITY UNDER THIS AGREEMENT FOR A TIME CERTAIN, OR IN THE
ALTERNATIVE, TERMINATE THIS AGREEMENT ON A GIVEN DATE. IF THE
AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY, ALL
PROVISIONS OF THE AGREEMENT SHALL APPLY AS IF THE AGREEMENT
HAD EXPIRED ON THE TERMINATION DATE AND CONCESSIONAIRE
SHALL IMMEDIATELY REMOVE ITS PROPERTY FROM THE FACILITY;
PURSUANT TO SECTION 9.5(C), DELIVER TO THE CITY THE SERVICE
AREAS AND ALL PROPERTY THEREON BELONGING TO THE CITY
INCLUDING THE FACILITY GOODS, AND SHALL OTHERWISE SURRENDER
POSSESSION OF THE FACILITY TO THE CITY. UPON RECEIPT OF THE
NOTICE OF TERMINATION, CONCESSIONAIRE SHALL CEASE MAKING
NEW ADDITIONAL INVESTMENTS EXPENDITURES OR OTHER
EXPENDITURES FROM THE EQUIPMENT REPLACEMENT FUND OR
MARKETING RESERVE FUND. UPON SUCH TERMINATION,
CONCESSIONAIRE AND THE CITY SHALL RECEIVE THE PAYMENTS THAT
THEY ARE ENTITLED UNDER THE AGREEMENT THROUGH THE EFFECTIVE
DATE OF TERMINATION, PURSUANT TO SECTION 9.5 (B), FOLLOWING
WHICH THE CITY SHALL BE DISCHARGED FROM ANY AND ALL
LIABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR BY VIRTUE OF,
THIS AGREEMENT. THE CITY RESERVES THE RIGHT TO EXERCISE ANY
AND ALL OTHER REMEDIES AVAILABLE AT LAW OR IN EQUITY.
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10. Section 4.2 is hereby deleted in its entirety and replaced with the following:
4.2 Additional Capital Investment.
(a) Additional Investment for the Convention Center. Concessionaire shall directly
invest $400,000 ("Additional Investment") toward food service capital projects (Additional
Investment Expenditures"),with the nature and scope of such Additional Investment Expenditures
to be made by mutual agreement of the parties. Concessionaire shall procure up to twenty-five
percent(25%) of the Additional Investment($100,000.00)within fifteen (15) days after the parties
agree to such items. Concessionaire shall directly invest the remaining balance of the Additional
Investment, in the amount of$300,000.00, carried over as of October 1, 2018, plus an additional
sum of$150,000, as part of the Additional Investment Expenditures for the Convention Center,
with the nature and scope of such Convention Center Additional Investment Expenditures to be
made by mutual written agreement of the parties. All of the Additional Investment Expenditures
in the Convention Center have been fully amortized as of the Effective Date of Amendment No.
3.
Additional Investment for the Clubhouse Buildings. Centerplate shall directly invest
an amount not to exceed $750,000, as part of the Additional Investment in the initial infrastructure
of the Clubhouse Buildings, conceptually based upon the budget incorporated herein by reference
and attached hereto as Exhibit "5", with the nature and scope of the Additional Investment
Expenditures for the Clubhouse Buildings to be made by mutual written agreement of the parties.
The approved Additional Investment Expenditures relating to each Clubhouse Buildings shall be
procured within one hundred eighty(180) days from the Possession Date for each corresponding
Clubhouse Building. The City Manager or City Manager's designee shall be authorized to
approve, in writing, the Additional Investment Expenditures for the Clubhouse Buildings including,
without limitation, the proposed themes, decor and construction materials for the Clubhouse
Buildings.
11. Section 4.3 (a) is hereby amended as follows:
4.3 Amortization Schedule/Title.
(a) Amortization Schedule. All Additional Investment Expenditures shall be amortized
and/or depreciated pursuant to Generally Accepted Accounting Principles and shall be amortized
and/or depreciated over a five-year schedule, on a straight-line basis, commencing on the date
of expenditure or date or installation,whichever is last in time; however, in any case, no later than
one hundred eighty (180) days from the Possession Date. In connection with the expenditure of
any portion of the approved Additional Investment Expenditures, Centerplate shall provide the
City, on a quarterly basis, with the corresponding amortization schedule.
12. Section 5.3 is hereby deleted in its entirety and replaced with the following:
5.3 Fee Structure.
(a) Management Fee. Centerplate shall receive a monthly Management Fee equal
to four percent (4%) of monthly Gross Receipts, payable within fifteen (15) days from the end of
each month.
f Profit Sharing. The Net Operating Profit shall be distributed to the City and
Centerplate monthly, unless otherwise agreed to by the City and Centerplate in writing. The City
shall receive eighty-three percent(83%)of the monthly Net Operating Profit, plus applicable sales
tax, and Centerplate shall receive seventeen percent (17%) of the monthly Net Operating Profit.
The monthly Net Operating Profit payments shall be payable within fifteen (15)days from the end
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of each month. Centerplate shall not be entitled to any compensation under this Agreement,
except for the monthly Management Fee and 17% of the monthly Net Operating Profit, if any.
13. The definition of the "Equipment Replacement Reserve Fund" as set forth in
paragraph 12 of Amendment No. 2 is hereby numbered Section 5.5 (previously was the Section
titled "Capital Reserve Fund", which was deleted in Amendment No. 1) and restated herein as
follows:
5.5 Equipment Replacement Reserve Fund. Beginning on September 1, 2018, and
continuing on an annual basis thereafter, one percent(1%)of Gross Receipts shall be contributed
to the Equipment Replacement Reserve Fund. The Equipment Replacement Reserve Fund shall
be used by Centerplate to purchase, repair, replace, or update equipment required by
Centerplate. Centerplate will present desired expenditures to the City for approval. Unused
amounts in the Equipment Replacement Reserve Fund shall be carried forward from year to year.
Any funds remaining in the Equipment Replacement Reserve Fund at the end of the Renewal
Term shall be paid to the City.
14.A new subsection 6.2()(12) is hereby added as follows:
(12) Governmental COVID-19 Requirements and City's COVID-19 Guidelines
15. The following new sentence shall be added to the end of Section 6.1(p) (Green
Initiatives):
Concessionaire shall use best efforts to utilize 100% reusable wares, in connection with
the containment, delivery, display, consumption and retrieval of all items used for the purpose of
providing Restaurant Services at the Clubhouse Buildings. Reusable wares shall include, but are
not limited to,tableware, serving dishes/containers, condiments, plates, bowls, hot and cold cups,
and flatware. Notwithstanding the foregoing, Concessionaires will be permitted to use napkins
made from recycled materials and wooden coffee stirrers. This reusable ware requirement shall
not apply to take-out Food and Beverage Items, or when the client specifically requests not to use
reusable wares, in which case Concessionaire shall provide compostable, biodegradable, and/or
recycled service items.
16. The following new sentence shall be added to the beginning of Section 6.7 (Sales
Tax Payments):
Concessionaire shall be responsible for paying any sales tax obligations relating to its
operations at the Facility.
17.A new subsection (h)to Section 9.1 (Concessionaire's Defaults) is hereby added as
follows:
(h) Except as to permitted closures, as set forth in Exhibit "3", Concessionaire's failure to
continuously, actively, and diligently operate the Clubhouse Buildings, during such hours and
upon such days as set forth In Exhibit "3".
18. Subsection (a)(i) of Section 9.2 (City's Remedies) is hereby modified as follows:
(i) In connection with a default relating to Concessionaire's operations at the
Convention Center solely, or relating to the operations at the Convention Center and one or both
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of the Clubhouse Buildings, ;the City may terminate this Agreement by written notice to
Concessionaire, in which case this Agreement shall terminate and Concessionaire shall
immediately remove its property from the Facility;; shall, subject to Section 9.5, deliver to the City
the Service Areas and all property thereon belonging to the City, including the Facility Goods11
and shall otherwise surrender possession of the Facility to City. In the event that the default
relates to the Carl Fisher Clubhouse or the Clubhouse Annex, the foregoing termination rights
shall apply to the Clubhouse Buildings collectively, and not the Convention Center, leaving the
Convention Center as a Facility within the scope of the Agreement. Upon termination, the City
shall be entitled to recover from Concessionaire any and all amounts that Concessionaire is
required to pay under this Agreement through the date of termination.
19. Section 9.5 (a) and (b) are hereby deleted in their entirety and replaced with the
following:
(a) Amortization.
Any amortization provided in Section 4 shall be subject to the amortization periods in
Section 4.3. If, upon termination or expiration of the Agreement, Concessionaire's amortization
periods, as set forth in Section 4.3(a), has not expired, then Concessionaire shall receive a credit,
as part of the amounts owed from the City to Concessionaire in the accounting required in
subsection (b) herein, equal to the pro-rated amount of any unamortized portion of the Additional
Investment Expenditures, pro-rated for the period of the time remaining in the amortization period.
(b) Final Accounting. Concessionaire shall deliver to the City, within thirty (30 days
after the date of expiration or termination of the Agreement, a final accounting setting forth all
sums due and owing to the City including, without limitation, from the Equipment Replacement
Fund or Marketing Reserve Fund. The City shall have thirty (30) days to obiect to the final
accounting or amended final accounting, as applicable and to request additional backup
information, as needed; otherwise, the final accounting, shall be deemed accepted by the City.
Any sums due and owing to the City shall be paid within (15) days from the acceptance of the
final accounting by the City. Any sums due and owing to Concessionaire shall be paid within
fifteen (15) days from the occurrence of both of these events: (i) the acceptance of the final
accounting by the City; and (ii) Concessionaire's compliance with the requirements of subsection
(c) herein.
20. Section 10.1 (Use of Facility at Direction of City) is hereby amended as follows:
10.1 Use of Facility at Direction of City. The City shall have the right to use the Facility
or any part thereof, upon reasonable advance notice and subject to availability,for such purposes
as meetings, seminars, training classes or other uses without the payment of any rental or use
fee (or at a reduced fee), except that direct out-of-pocket expenses incurred in connection with
such uses shall be paid promptly by the City. Notwithstanding the foregoing, the City shall not so
schedule use of the Facility if such use will conflict with Events of Concessionaire and shall in all
instances be subordinate thereto in terms of priority of use of the Facility. With respect to the
City's use of the Clubhouse Buildings and Outdoor Concession Area, other than pre-scheduled
Global Bookings (as defined in Exhibit "3"), the City's use shall take priority over the Restaurant
Services use.
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21. Section 10.6 (Force Majeure) is hereby deleted in its entirety and replaced with the
following:
10.6 Force Majeure.
(a) A "Force Majeure" event is an event that (i) in fact causes a delay in the
performance of the Concessionaire or the City's obligations under the Agreement, and (ii) is
beyond the reasonable control of such party unable to perform the obligation, and (iii) is not due
to an intentional act, error, omission, or negligence of such party, and (iv) could not have
reasonably been foreseen and prepared for by such party at any time prior to the occurrence of
the event. Subject to the foregoing criteria, Force Majeure may include events such as war, civil
insurrection, riot, fires, epidemics, pandemics, terrorism, sabotage, explosions, embargo
restrictions, quarantine restrictions, transportation accidents, strikes, strong hurricanes or
tornadoes, earthquakes, or other acts of God which prevent performance. Force Majeure shall
not include technological impossibility, inclement weather, or failure to secure any of the required
permits pursuant to the Agreement.
(b) If the City or Concessionaire's performance of its contractual obligations is
prevented or delayed by an event believed by to be Force Majeure, such party shall immediately,
upon learning of the occurrence of the event or of the commencement of any such delay, but in
any case within fifteen (15) business days thereof, provide notice: (i) of the occurrence of event
of Force Majeure, (ii)of the nature of the event and the cause thereof, (iii) of the anticipated impact
on the Agreement, (iv) of the anticipated period of the delay, and (v) of what course of action such
party plans to take in order to mitigate the detrimental effects of the event. The timely delivery of
the notice of the occurrence of a Force Majeure event is a condition precedent to allowance of
any relief pursuant to this section: however, receipt of such notice shall not constitute acceptance
that the event claimed to be a Force Majeure event is in fact Force Majeure, and the burden of
proof of the occurrence of a Force Majeure event shall be on the requesting party.
(c) No party hereto shall be liable for its failure to carry out its obligations under the
Agreement during a period when such party is rendered unable, in whole or in part, by Force
Majeure to carry out such obligations. The suspension of any of the obligations under this
Agreement due to a Force Majeure event shall be of no greater scope and no longer duration
than is required. The party shall use its reasonable best efforts to continue to perform its
obligations hereunder to the extent such obligations are not affected or are only partially affected
by the Force Majeure event, and to correct or cure the event or condition excusing performance
and otherwise to remedy its inability to perform to the extent its inability to perform is the direct
result of the Force Majeure event with all reasonable dispatch.
(d) Obligations pursuant to the Agreement that arose before the occurrence of a Force
Majeure event, causing the suspension of performance, shall not be excused as a result of such
occurrence unless such occurrence makes such performance not reasonably possible. The
obligation to pay money in a timely manner for obligations and liabilities which matured prior to
the occurrence of a Force Majeure event shall not be subject to the Force Majeure provisions.
(e) Notwithstanding any other provision to the contrary herein, in the event of a Force
Majeure occurrence, the City may, at the sole discretion of the City Manager, suspend the City's
payment obligations under the Agreement, and may take such action without regard to the notice
requirements herein. Additionally, in the event that an event of Force Majeure delays a party's
performance under the Agreement for a time period greater than thirty (30) days, the City may, at
the sole discretion of the City Manager,terminate the Agreement on a given date, by giving written
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notice to Concessionaire of such termination. If the Agreement is terminated pursuant to this
section, Concessionaire shall be paid for any Services satisfactorily performed up to the date of
termination; following which the City shall be discharged from any and all liabilities, duties, and
terms arising out of,or by virtue of,this Agreement. In no event will any condition of Force Majeure
extend this Agreement beyond its stated term.
22. Section 10.16 is hereby deleted in its entirety and replaced with the following:
10.16 Concessionaire's Compliance with Florida Public Records Law.
Concessionaire shall comply with Florida Public Records law under Chapter 119, Florida
Statutes, as may be amended from time to time.
The term "public records" shall have the meaning set forth in Section 119.011(12), which
means all documents, papers, letters, maps, books, tapes, photographs, films, sound
recordings, data processing software, or other material, regardless of the physical form,
characteristics, or means of transmission, made or received pursuant to law or ordinance
or in connection with the transaction of official business of the City.
Pursuant to Section 119.0701 of the Florida Statutes, if Concessionaire meets the
definition of"Contractor" as defined in Section 119.0701(1)(a), Concessionaire shall:
Keep and maintain public records required by the City to perform the service:
EL). Upon request from the City's custodian of public records, provide the City with a
copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in Chapter 119,
Florida Statutes or as otherwise provided by law;
(iii) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed, except as authorized by law,
for the duration of the contract term and following completion of the Agreement if
Concessionaire does not transfer the records to the City;
iv Upon completion of the Agreement, transfer, at no cost to the City, all public
records in possession of Concessionaire or keep and maintain public records
required by the City to perform the service. If Concessionaire transfers all public
records to the City upon completion of the Agreement, Concessionaire shall
destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. If Concessionaire keeps and
maintains public records upon completion of the Agreement, Concessionaire shall
meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the City, upon request from the City's custodian
of public records, in a format that is compatible with the information technology
systems of the City.
fiLll REQUEST FOR RECORDS; NONCOMPLIANCE.
In A request to inspect or copy public records relating to the City's contract for services
must be made directly to the City. If the City does not possess the requested
records, the City shall immediately notify Concessionaire of the request, and
Concessionaire must provide the records to the City or allow the records to be
inspected or copied within a reasonable time.
fia Concessionaire's failure to comply with the City's request for records shall
constitute a breach of this Agreement, and the City, at its sole discretion, may: (1)
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unilaterally terminate the Agreement, following written notice to Concessionaire,
pursuant to the notice provisions of the Agreement, and Concessionaire failing to
comply with the Public Records Request within eight (8) business days; (2) avail
itself of the remedies set forth under the Agreement; and/or (3) avail itself of any
available remedies at law or in equity.
(iii) If Concessionaire fails to provide the public records to the City within a reasonable
time may be subject to penalties under s. 119.10.
bl CIVIL ACTION.
ti If a civil action is filed against a Concessionaire to compel production of public
records relating to the City's contract for services,the court shall assess and award
against Concessionaire the reasonable costs of enforcement, including
reasonable attorneys'fees, if:
(1) The court determines that Concessionaire unlawfully refused to comply with
the public records request within a reasonable time; and
(2) At least 8 business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that
Concessionaire has not complied with the request, to the City and to
Concessionaire.
fill A notice complies with subparagraph (i)(2) if it is sent to the City's custodian of
public records and to Concessionaire at Concessionaire's address listed on its
contract with the City or to Concessionaire's registered agent. Such notices must
be sent by common carrier delivery service or by registered, Concessionaire
Express Guaranteed, or certified mail,with postage or shipping paid by the sender
and with evidence of delivery, which may be in an electronic format.
nil) If Concessionaire complies with a public records request within 8 business days
after the notice is sent, Concessionaire shall not be liable for the reasonable costs
of enforcement.
IF CONCESSIONAIRE HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
CONCESSIONAIRE'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADO(a,MIAMIBEACHFL.GOV
PHONE: 305-673-7411
23. The following new paragraph is hereby added to the end of Section 10.17:
Additionally, the City reserves the right to execute exclusive product agreements and/or
sponsorship agreements with third parties from time to time. Concessionaire agrees to be subject
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to the terms and conditions of those agreements, even if executed after the date of this
Agreement.
24. Section 10.18 is hereby amended as follows:
10.18 Use of the Facilities/CMB "Brand". Thiry Part of the purpose of this
Agreement is for provision of food and beverage services for the Miami Beach Convention Center.
Concessionaire shall not, under any circumstance use and/or otherwise exploit the logo,
trademark, identity, and overall "brand" of MBCC and/or the City, without the prior written consent
of the City Manager, which consent, if given at all, shall be at the Manger's sole discretion and
judgment.
25.A new Section 10.19 is hereby added, as follows:
10.19 Prohibitions Regarding Sale or Use of Expanded Polystyrene Food Service
Articles, Single Use Plastic Beverage Straws, and Single-Use Plastic Stirrers.
Concessionaire hereby agrees and acknowledges that, pursuant to Section 82-7
of the City Code, as may be amended from time to time, Concessionaire shall not sell, use,
provide food in, or offer the use of expanded polystyrene food service articles (as defined in City
Code Section 82-7) in City facilities or on City property, in connection with any services performed
pursuant to this Agreement. A violation of this section shall be deemed a default under the terms
of this Agreement. Notwithstanding the above, this section shall not apply to expanded
polystyrene food service articles used for prepackaged food that have been filled and sealed prior
to receipt by Concessionaire.
j Additionally, Concessionaire agrees and acknowledges that, pursuant to Section
82-8 of the City Code, as may be amended from time to time, Concessionaire shall not sell, use,
provide food in, or offer the use of single-use plastic beverage straws or single-use plastic stirrers
(as defined in City Code Section 82-8) in City facilities or on City property, in connection with any
services performed pursuant to this Agreement. A violation of this section shall be deemed a
default under the terms of this Agreement. Notwithstanding the above, the requirements of
Section 82-8 shall not restrict Concessionaire from providing a beverage with, or offering the use
of, a single-use plastic beverage straw or single-use plastic stirrer to an individual with a disability
or medical condition that impairs the consumption of beverages without a single-use plastic
beverage straw or single-use plastic stirrer.
Additionally, Concessionaire agrees to comply with Section 46-92(c) of the City
Code,which provides that it is unlawful for any person to carry any expanded polystyrene product,
single-use plastic beverage straw, or single-use plastic stirrer onto any beach or park within the
City, or onto any city marina, pier, dock, or boat ramp. It is also unlawful for any business to
provide single-use plastic beverage straws or single-use plastic stirrers with the service or delivery
of any beverage to patrons on any beach within the City. Notwithstanding the above, the
provisions in Section 46-92(c) that pertain to single-use plastic beverage straws and single-use
plastic stirrers shall not apply to a person or patron with a disability or medical condition that
impairs the consumption of beverages without a single-use plastic beverage straw or single-use
plastic stirrer.
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(d) As additional consideration for this Agreement, independent
of the requirements set forth in Sections 82-7, 82-8 and 46-92(c) of the City Code,
Concessionaire agrees:
La not sell, use, provide food in, or offer the use of expanded polystyrene food
service articles in any Facility. A violation of this section shall be deemed a default under
the terms of this Agreement. Notwithstanding the above, this section shall not apply to
expanded polystyrene food service articles used for prepackaged food that have been
filled and sealed prior to receipt by Concessionaire; and
NI not sell, use, provide food in, or offer the use of single-use plastic beverage
straws or single-use plastic stirrers in any Facility. A violation of this section shall be
deemed a default under the terms of this Agreement. Notwithstanding the above,
Concessionaire shall be permitted to provide a beverage with, or offering the use of, a
single-use plastic beverage straw or single-use plastic stirrer to an individual with a
disability or medical condition that impairs the consumption of beverages without a single-
use plastic beverage straw or single-use plastic stirrer; and
(iii) not carry any expanded polystyrene product, single-use plastic beverage straw, or
single-use plastic stirrer onto any beach or park within the City, or onto any city marina, pier, dock,
or boat ramp.
26.A new Section 10.20 is hereby added, as follows:
10.20 No Discrimination.
Lai. In connection with the performance of the Services, Concessionaire shall not
exclude from participation in, deny the benefits of, or subject to discrimination anyone on the
grounds of race, color, national origin, sex, age, disability, religion, income or family status.
11 Additionally, Concessionaire shall comply fully with the City of Miami Beach
Human Rights Ordinance, codified in Chapter 62 of the City Code, as may be amended from
time to time, prohibiting discrimination in employment, housing, public accommodations, and
public services on account of actual or perceived race, color, national origin, religion, sex,
intersexuality, gender identity, sexual orientation, marital and familial status, age, disability,
ancestry, height, weight, domestic partner status, labor organization membership, familial
situation, or political affiliation.
27.A new Section 10.21 is hereby added, as follows:
10.21 Inspector General Audit Rights.
(a) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has
established the Office of the Inspector General which may, on a random basis, perform reviews,
audits, inspections and investigations on all City contracts, throughout the duration of said
contracts. This random audit is separate and distinct from any other audit performed by or on
behalf of the City.
(b) The Office of the Inspector General is authorized to investigate City affairs and
empowered to review past, present and proposed City programs, accounts, records, contracts
and transactions. In addition, the Inspector General has the power to subpoena witnesses,
12
DocuSign Envelope ID:97633596-2B38-424E-8582-970CB2F91A13
administer oaths, require the production of witnesses and monitor City projects and programs.
Monitoring of an existing City project or program may include a report concerning whether the
project is on time,within budget and in conformance with the contract documents and applicable
law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect
and review operations; activities, performance and procurement process including but not limited
to project design, bid specifications, (bid/proposal)submittals, activities of the Concessionaire, its
officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance
with the contract documents and to detect fraud and corruption. Pursuant to Section 2-378 of the
City Code, the City is allocating a percentage of its overall annual contract expenditures to fund
the activities and operations of the Office of Inspector General.
(c) Upon ten (10) days written notice to the Concessionaire, the Concessionaire shall
make all requested records and documents available to the Inspector General for inspection and
copying.The Inspector General is empowered to retain the services of independent private sector
auditors to audit, investigate, monitor, oversee, inspect and review operations activities,
performance and procurement process including but not limited to project design, bid
specifications, (bid/proposal) submittals, activities of the Concessionaire its officers, agents and
employees, lobbyists, City staff and elected officials to ensure compliance with the contract
documents and to detect fraud and corruption.
(d) The Inspector General shall have the right to inspect and copy all documents and
records in the Concessionaire's possession, custody or control which in the Inspector General's
sole judgment,pertain to performance of the contract, including, but not limited to original estimate
files, change order estimate files, worksheets, proposals and agreements from and with
successful subcontractors and suppliers, all project-related correspondence, memoranda,
instructions, financial documents, construction documents, (bid/proposal) and contract
documents, back-change documents, all documents and records which involve cash, trade or
volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel
records and supporting documentation for the aforesaid documents and records.
(e) The Concessionaire shall make available at its office at all reasonable times the
records, materials, and other evidence regarding the acquisition (bid preparation) and
performance of this Agreement, for examination, audit, or reproduction, until three (3) years after
final payment under this Agreement or for any longer period required by statute or by other
clauses of this Agreement. In addition:
If this Agreement is completely or partially terminated, the Concessionaire shall
make available records relating to the work terminated until three(3)years after any resulting final
termination settlement; and
ii. The Concessionaire shall make available records relating to appeals or to litigation
or the settlement of claims arising under or relating to this Agreement until such appeals, litigation,
or claims are finally resolved.
13
DocuSign Envelope ID:97633596-2B38-424E-8582-970CB2F91A13
(f) The provisions in this section shall apply to the Concessionaire, its officers, agents,
employees, subcontractors and suppliers.The Concessionaire shall incorporate the provisions in
this section in all subcontracts and all other agreements executed by the Concessionaire in
connection with the performance of this Agreement.
(g) Nothing in this section shall impair any independent right to the City to conduct
audits or investigative activities. The provisions of this section are neither intended nor shall they
be construed to impose any liability on the City by the Concessionaire or third parties.
28.A new Section 10.22 is hereby added, as follows:
10.22 E-Verify
(a) Concessionaire shall comply with Section 448.095, Florida Statutes,
"Employment Eligibility" ("E-Verify Statute"), as may be amended from time to
time. Pursuant to the E-Verify Statute, commencing on January 1, 2021, Concessionaire
shall register with and use the E-Verify system to verify the work authorization status of
all newly hired employees during the Term of the Agreement. Additionally,
Concessionaire shall expressly require any subcontractor performing work or providing
services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland
Security's E-Verify system to verify the employment eligibility of all new employees hired
by the subcontractor during the contract Term. If Concessionaire enters into a contract
with an approved subcontractor, the subcontractor must provide the Concessionaire with
an affidavit stating that the subcontractor does not employ, contract with, or subcontract
with an unauthorized alien. Concessionaire shall maintain a copy of such affidavit for the
duration of the Agreement or such other extended period as may be required under this
Agreement.
Termination Rights.
f If the City has a good faith belief that Concessionaire has knowingly violated
Section 448.09(1), Florida Statutes, the City shall terminate this Agreement with
Concessionaire for cause, and City shall thereafter have or owe no further obligation or
liability to Concessionaire.
(ii) If the City has a good faith belief that a subcontractor has knowingly violated
Section (a), but the Concessionaire otherwise complied with such section, the City will
promptly notify the Concessionaire and order the Concessionaire to immediately
terminate the Agreement with the subcontractor. Concessionaire's failure to terminate a
subcontractor shall be an event of default under this Agreement, entitling City to terminate
the Concessionaire's contract for cause.
A contract terminated under the foregoing Subsections (b)(i) or (b)(ii) is not
in breach of contract and may not be considered as such.
The City or Concessionaire or a subcontractor may file an action with the
Circuit or County Court to challenge a termination under the foregoing Subsections (b)(i)
or (b)(ii) no later than 20 calendar days after the date on which the contract was
terminated.
14
DocuSign Envelope ID:97633596-2B38-424E-8582-970CB2F91 A13
(e) If the City terminates the Agreement with Concessionaire under the
foregoing Subsection (b)(i), Concessionaire may not be awarded a public contract for at
least 1 year after the date of termination of this Agreement.
fp. Concessionaire is liable for any additional costs incurred by the City as a
result of the termination of this Agreement under this section.
12. Except as expressly set forth in this Amendment, all other terms and conditions
set forth in the Agreement shall remain in full force and effect. If there is any inconsistency
between the provisions of this Amendment or the Agreement, the provisions of this Amendment
shall prevail.
[Signature Page Follows]
15
DocuSign Envelope ID:97633596-2B38-424E-8582-970CB2F91A13
IN WITNESS WHEREOF, the parties have hereunto affixed their corporate seals
attested by the hand(s) of their proper officer(s) duly authorized in that behalf.
ATTEST: CITY OF MIAMI BEACH FLORIDA
By:
Rafael E. Granado, City Clerk Dan Gelber, Mayor
Date:
ATTEST: SERVICE AMERICA CORPORATION
d/b/a CENTERPLATE
By:
Name: Name:
Title: Title:
I/We have the authority to bind the corporation
Date:
16
DocuSign Envelope ID:97633596-2B38-424E-8582-970CB2F91A13
EXHIBIT"2"
Clubhouse Buildings Site Plan
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17
DocuSign Envelope ID:97633596-2B38-424E-8582-970CB2F91A13
Exhibit"3"
Scope of Services for Clubhouse Buildings
A. Clubhouse Annex:
1. The Clubhouse Annex shall be developed as a Rum Room and shall
continuously and actively operate as a full service restaurant during the following
hours of operation:
• Rum Room Hours of Operation.
Open Daily
Sunday and Monday 10 AM to 8PM ET
Tuesday thru Saturday 11AM to 10PM ET
Any change in the hours of operation for the Clubhouse Annex shall be subject
to the written approval of the City Manager,which change shall be memorialized
pursuant to an amendment to the Agreement. In the event that Concessionaire
requires the use of the Clubhouse Annex in connection with a Convention Center
function, Concessionaire shall secure the written consent of the City Manager or
City Manager's designee to cease the Restaurant Services for the approved
period of time.
2. Restaurant Services shall include providing the Food and Beverage Items set
forth in the Clubhouse Annex Menu attached hereto as Exhibit 3-1. Any change
in the menu items and pricing shall be subject to the approval of the City
Manager, which approval shall not be unreasonably withheld.
B. The Carl Fisher Clubhouse shall be used as an extension of the Miami Beach
Convention Center food service programming. It will also be used to
support and complement the Restaurant Services at the Clubhouse Annex,
including for overflow seating (collectively, "Ancillary Restaurant Services"),
except as to any portion of the Carl Fisher Clubhouse which may be booked by
Global ("Global Booking(s)"), in that, any Global Bookings of the Carl Fisher
Clubhouse shall have priority over the ancillary Restaurant Services use of the
Carl Fisher Clubhouse. When not in use by event organizers, pursuant to a
Global Booking, or local social and community Groups, this space will be
programmed to provide ala carte options such as Sunday Brunch at
clubhouse facility(s) pop-up food and beverage programs such as
Mother's Day, Father's Day, Valentine's Day, Easter and New Year's Eve
events.
The Carl Fisher Clubhouse shall maintain the following hours of operation:
• Carl Fisher Clubhouse Hours of Operation.
Weekend Brunch
Sunday 10 AM to 4PM ET
Open Seasonally as Rum Room overflow when needed
18
DocuSign Envelope ID:97633596-2B38-424E-8582-970CB2F91A13
Available for private and Community Events (when not committed to
an event by Global)
C. Concessionaire agrees to provide the minimum. level of Public Benefits
delineated in the attached Exhibit 3-2 in connection with the use of the Clubhouse
Buildings during the Term of the Agreement.
D. No office space shall be provided for Concessionaire in the Clubhouse buildings.
E. In the event of a public health or safety concern, the City Manager or City
Manager's designee may order that Concessionaire close the Clubhouse
Buildings for the time that the City, in the City's sole discretion, deems
appropriate.
19
DocuSign Envelope ID:97633596-2B38-424E-8582-970CB2F91A13
EXHIBIT "3-1"
CLUBHOUSE ANNEX MENU
J n
GRILLED TOMATO BREAD (v) 8 HAM CRODUETAS 7
Grilled Spanish bread,crushed tomatoes,roasted garlic,
extra virgin olive oil,Spanish sea salt Breaded and fried ham croquettes.lemon aioli
SERRANO HAM + MANCHEGO POTATO CROOUETAS (v) 7
CHEESE PLATE 14 Breaded and fried potato croquettes,saffron aioli
Thinly sliced Spanish white pork aged 18 months,sliced
queso manchego,Marcona almonds,membrilio paste.
pimento stuffed olives,flat bread crackers CHORIZO TOAST 9
Sliced chorizo sausage,lava bean pesto,beurre blanc
drizzle.paprika
CHORIZO + CALABRESE
CHEESE PLATE 14
Sliced chorio sausage,queso calabrese,Valencia orange CH UR ROS CON CHOCOLATE 8
marmalade,pickled peppers,figs,Spanish bread toast points Traditional fried dough,chocolate sauce,dulce de leche
SHISHITO PEPPERS (V.GF) 9
Blistered shishito peppers,romesco sauce,toasted pine
nuts,shaved manchego cheese
20
DocuSign Envelope ID:97633596-2B38-424E-8582-970CB2F91 A13
L la lith , E
10?1
AGRICOLE RHUM COOLER PINEAPPLE COCONUT SPRITZ
White Rhum Agricole,guava nectar,lime juice,simple Cava,pineapple juice,coconut water,simple syrup
syrup,club soda,Angostura bitters
CLEMENTINE CORDIAL
CLASSIC MOJITO Cava.Lillet,Dry Curacao.lemon juice,clementine juice,
White rum,muddled fresh mint,lime juice,simple syrup, honey syrup,orange bitters
club soda
PASSION COCONUT CREAM ROSE NEGRO
Vodka,cava rose,blackberry preserves,meyer lemon juice
Dark rum,cream of coconut,passion fruit nectar,
orange juice
SMOKED BURRO
THE BITTERSWEET Mezcal,guanabana juice,lime juice,ginger beer
Dark rum,lime juice,falernum,teapot bitters
Beverage prices for cocktails,snu;ts.beer:wine and non^atcoholrc unnks will be ccirpet,twe with area restaurants.
21
DocuSign Envelope ID:97633596-2B38-424E-8582-970CB2F91A13
U �r LI, .1
fV
MIAMI CLUB RUM MIAMI,FL DON 0 PUERTO RICO
BIG CYPRESS DISTILLERY MIAMI,FL FLOR DE CANA RUM NICARAGUA
SOUTH FLORIDA DISTILLERS MIAMI,FL CANA BRAVA PANAMA
KW LEGAL RUM CHEF DISTILLED KEY WEST,FL COCONUT CARTEL RUM GUATEMALA
KEY WEST DISTILLERY KEY WEST,FL RHUM CLEMENT MARTINIQUE
ST. AUGUSTINE DISTILLERY ST.AUGUSTINE.FL COCKSPUR BARBADOS
OLD ST. PETE DISTILLERY ST.PETERSBURG,FL CANE RUN ESTATE TRINIDAD
ST.PETERSBURG DISTILLERY ST.PETERSBURG.FL BRUGAL DOMINICAN REPUBLIC
TIMBER CREEK DISTILLING CRESTVIEW.FL MYERS'S JAMAICA
WICKED DOLPHIN CAPE CORAL,FL MOUNT GAY BARBADOS
DOVE TALE RUM PUERTO RICO RON DOS MADERAS ARAGON,SPAIN
RovcragO prices for cocktails,Sprues,beer,wane and non olcol%oLc dnnAs mil be cornoetrtve with area restaurants.
22
DocuSign Envelope ID:97633596-2B38-424E-8582-970CB2F91A13
NIT DEL FOC BRUT NATURE.CAVA,UTIEL-REOUENA DO,SPAIN NV
QUI NTA DE COUSELO TURONIA ALBARINO,RIAS BAIXAS,SPAIN 2015
VIDAL SOBLECHERO VINO CLAVIDOR ORGANIC VERDEJO,RUEDA,SPAIN 2013
BOVALE ROSADO,BOBAL,UTIEL-REQUENA DO,SPAIN 2017
COTO DE MAYAS CENTENARIA GARNACHA,CAMPO DE BORJA,SPAIN 2013
PAGO DE LOS CAPELLANES JOVEN ROBLE TEMPRANILLO,RIBERA DEL DUERO,SPAIN 2014
ENRIQUE MENDOZA LA TREMENDA MONASTRELL,ALICANTE.SPAIN 2012
Beverage twice;for cocktails,saints,beer.wine and non-alcohofc dri,iks will be competitive with area reSlat.rants
23
DocuSign Envelope ID:97633596-2B38-424E-8582-970CB2F91 A13
.. ._ _ .... ., ..... _ ..._. ..
a
ROTATING SELECTION OF
LOCAL CRAFT BEERS
M.I.A Beer Company SEASONAL AGUA FRESCA
Funky Buddha Brewery ICED TEA
LEMONADE
J Wakefield Brewing
ARNOLD PALMER
Tarpon River Brewing
SPRING WATER
Wynwood brewing SPARKLING WATER
Biscayne Bay Brewing FOUNTAIN SODAS
ROTATING SELECTION OF
DOMESTIC AND IMPORTED BEERS
BREWED COFFEE LATTE
Decat or Regular CAPPUCCINO
ICED COFFEE
Decal or Regular HOT TEA
ESPRESSO SHOT
Beverage.prices for cocktails,spirits,beer,carne and non-alcoholic drinks wet be compeLtive with area restaurants.
24
DocuSign Envelope ID:97633596-2B38-424E-8582-970CB2F91A13
K2iiAik rb 1k (o `t$
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"k' 4; Venus weekend brunch offers locally-inspired shareables,
�� y� 1c signature sandwiches and bowls,seasonal dessert offerings,
9 `4
'---. y _ a custom cocktail menu featuring locally-distilled spirits,
r 4 . vocal,domestic,and imported brews,and a variety of wines
by the glass and bottle.Non-alcoholic beverages,including
.rseasonal agues frescas and coffee and espresso beverages
4 ( "•x{ - will also be available.
, 5 be ! With a focus on fresh,healthy dishes and a variety of gluten-
'. ,' ""` + free,vegan,and vegetarian offerings available,our menu
� 'c ` offerings will be sure to please every palette.
: V / I N.
4- ,
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.11Jflfl!flllflJflifllltflJfl1t1l
11111.
25
DocuSign Envelope ID:97633596-2B38-424E-8582-970CB2F91A13
• SHAREABLES • • BENEDICTS & TOAST •
Leche de tigre marinated fish-of-the-day,avocado,aji Slow roasted pork,poached eggs.chipotle hollandaise,
amarillo,red onions,lime juice,cilantro,corn chips toasted English muffin,fresh herbs,breakfast potatoes
Baked plantain chips,sea salt,pomegranate guacamole, Thick-cut toasted brioche,avocado mash,poached egg,
lime,cilantro pickled cherry tomatoes,aleppo pepper,fresh herbs,
farmhouse greens
Classic hummus dip,roasted beet and walnut dip,white
bean and parsley dip,carrots,celery,pita bread Smoked salmon,heirloom tomato,red onion,capers,citrus
zest,everything seasoning
Vanilla French toast,chopped pecans,strawberries,
blueberries,applewood smoked bacon,maple syrup
26
DocuSign Envelope ID:97633596-2B38-424E-8582-970CB2F91A13
• TACOS & SANDWICHES • • BOWLS •
Bb_A 'KEN O 1.1 AH SOUTH DEACH
MAW TACOS (3) rJ,:.; 2 2 R7 El OWi_ ;v, r; 1C
Seared blackening spice-crusted mahi mahi,pico de gallo, House-made granola,green apple,honey,raisins
avocado crema,lime,cilantro,soft corn tortilla.jicama slaw --.
PIN t-'APPL CkOt jr O
V ENU EURGEP: ir? <I::E BOWL :Grt
Grass-fed beef,pepper jack cheese,avocado,crunchy red Jasmine rice,onion,chorizo,pineapple,bell peppers,
onions,brioche bun,French fries avocado,chipotle cream,lime,cilantro
CUBAN SA lr.)`r` U2r-I , Lr=i'! IlL & BRLISSEL SPROUT
T
Slow roasted pork,Black Forest ham,Swiss cheese,bread f3 tom➢VV r r. c 3 7
and butter pickles,French roll,French fries Stewed yellow lentils,shaved brussel sprouts,roasted
curried butternut squash,crispy shiitake mushrooms,
chopped curly kale,roasted garlic vinaigrette •
• DESSERTS •
STRAW aE. _.EM -1N` J r- E `.- " C E TPLS
Jai- 1'� C �1 �Jc_ .)5�+�.,)�.�'�', i �:
CANNA COTTA CV a Lf_ CHE_. CAKE rV 0
Seared blackening spice-crusted mahi mahi,pico de gallo, Chocolate cake,tres leches,condensed milk whipped
avocado crema,lime,cilantro,soft corn tortilla,jicama slaw cream,dark chocolate shavings
27
DocuSign Envelope ID:97633596-2B38-424E-8582-970CB2F91A13
oer
_ I • N.>
• COCKTAILS
Tequila,grapefruit juice,lime juice.simple syrup Dark rum,sweet vermouth.Cynar liqueur,orange bitters
Cava,house sour mix,pomegranate syrup Sparkling wine,Fresh orange juice
Ruby red grapefruit vodka,guava nectar,lime juice, Tequila,house-made mix
soda water
Glass
White rum,coconut water,lemon juice,simple syrup Pitcher
,113 MO,4>"
• WINES BY THE GLASS •
LUMINORE,VALDOBBIADENE PROSECCO SUPERIORE DOCG,VENETO,!TALLY NV
' ' 1-•• - SAUVIGNON BLANC,MARLBOROUGH,NEW ZEALAND 2018
CHARDONNAY,NAPA VALLEY.CALIFORNIA 2017
• - ' M CUVEE ROSE,COTES DE PROVENCE,FRANCE 2018
- : - - RESERVE PINOT NOIR,RUSSIAN RIVER VALLEY,CAL.2013
CABERNET SAUVIGNON,NAPA VALLEY,CALIFORNIA 2015
• ZINFANDEL,SONOMA COUNTY CALIFORNIA 2018
28
DocuSign Envelope ID:97633596-2B38-424E-8582-970CB2F91A13
`O\
• BEER • • N.A. BEVERAGES •
SEASONAL AGUA FRESCA
ASSORTED JUICES
M.I.A Beer Company ICED TEA
Funky Buddha Brewery LEMONADE
J Wakefield Brewing ARNOLD PALMER
Tarpon River Brewing SPRING WATER
Wynwood brewing SPARKLING WATER
Biscayne Bay Brewing FOUNTAIN SODAS
. . • COFFEE & ESPRESSO •
BREWED COFFEE
Decal or Regular
ICED COFFEE
Decal or Regular
ESPRESSO SHOT
LATTE
CAPPUCCINO
HOT TEA
29
DocuSign Envelope ID:97633596-2B38-424E-8582-970CB2F91A13
I 'N
• WINES BY THE BOTTLE •
LA MARCA LUMINORE,VALDOBBIADENE PROSECCO SUPERIORE DOCG,VENETO,ITALLY NV
STERLING VINEYARDS BLANC DE BLANCS,NAPA VALLEY,CALIFORNIA 2016
AMELIA BRUT ROSE,CREMANT DE BORDEAUX,BORDEAUX,FRANCE NV
WHITEHAVEN SAUVIGNON BLANC.MARLBOROUGH.NEW ZEALAND 2018
PROVENANCE ESTATE GROWN SAUVIGNON BLANC.NAPA VALLEY,CALIFORNIA 2016
PIEROPAN SOAVE,SOAVE CLASSICO DOC.VENETO,ITALY 2016
JERMANN PINOT GRIGIO,VENEZIA GIULIA!GT,FRIULI-VENEZIA GIULIA,ITALY 2017
MARQUES DE CASA CONCHA CHARDONNAY,LIMARI VALLEY,CHILE 2015
STAGS'LEAP CHARDONNAY.NAPA VALLEY,CALIFORNIA 2017
TALBOTT VINEYARDS SLEEPY HOLLOW VINEYARD ESTATE GROWN CHARDONNAY,SANTA LUCIA HIGHLANDS,
CALIFORNIA 2014
CHATEAU MINUTY M CUVEE ROSE,COTES DE PROVENCE,FRANCE 2018
FLEUR DE MER ROSE,COTES DE PROVENCE,FRANCE 2016
Beverage prices for cocktails,spirits.beer,wrnc and non-alcoholic drinks will be competitive with area restaurants.
30
DocuSign Envelope ID:97633596-2B38-424E-8582-970CB2F91A13
•
• WINES BY THE BOTTLE •
CONO SUR OCIO PINOT NOIR,SANTA ELISA ESTATE,CASABLANCA VALLEY,CHILE 2012
ETUDE GRACE BENOIST RANCH PINOT NOIR,TEMBLOR VINEYARD,CARNEROS,CALIFORNIA 2014
MACMURRAY ESTATE VINEYARDS RESERVE PINOT NOIR,RUSSIAN RIVER VALLEY,CALIFORNIA 2013
SARTORI DI VERONA CORTE BRA AMARONE,AMARONE DELLA VALPOLICELLA DOCG.VENETO,ITALY 2010
BERINGER VINEYARDS QUANTUM RED BLEND,NAPA VALLEY,CALIFORNIA 2014
LOUIS M.MARTINI CABERNET SAUVIGNON.NAPA VALLEY,CALIFORNIA 2015
STAG'S LEAP THE LEAP CABERNET SAUVIGNON,NAPA VALLEY,CALIFORNIA 2014
CONCHA Y TORO DON MELCHOR PUENTO ALTO VINEYARD CABERNET SAUVIGNON,MAIPO VALLEY.CHILE 2013
CASTELLO BANFI SUMMUS SUPERTUSCAN,TOSCANA IGT,TUSCANY,ITALY 2014
DON MIGUEL GASCON RESERVA MALBEC,MENDOZA,ARGENTINA 2015
FREI BROTHERS DRY CREEK VALLEY MERLOT,SONOMA COUNTY,CALIFORNIA 2015
PENFOLDS GRANGE SHIRAZ BLEND,BAROSSA VALLEY,AUSTRALIA 2012
CASTELLO BANFI BRUNELLO,BRUNELLO DI MONTALCINO DOCG,TUSCANY,ITALY 2013
BEAR FLAG ZINFANDEL.SONOMA COUNTY,CALIFORNIA 2015
Beverage prices for cocktails,spirits,beer,wine and non-alconclsr drinks will be cornpetkNe with area restaurants.
31
DocuSign Envelope ID:97633596-2B38-424E-8582-970CB2F91A13
MENUS
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"2; •::--•.'-.';'.?.-.:-.-;.3.,-.;-5; -,,:-.;-:---',.__ - .-,'-:,..,:..:,.. .,...."-; We understand that whenever people gather.the occasion is
'. ' -'''"-'''-':'''' -...'''''''''''''':-.' " ' .::"•;''''''''-'47.1.111111.
special Each gathering should be an expression of intent--
`--77"' - ,.'::‘`g:' ''':r=.,.., 'f-.. -..,--•'--------' •=;,*• ::'6,4,;-:;',.--'1---''''''--7,--•--,' '
from service to garnish—with a unique identity connecting
•A..•,-.0''' .'t.Iiti_ ''''..7. „-,-••' . -' ',:-;"]Z"...t...,-'-''.'''': ' it all We will convey our special event hoststaste,purpose
%.,- '''?:':, ...-'''''-..-• ',:' 1: .,,t,s-,t1.-41.-...-.i:.
and vision with thoughtfully-crafted and tasteful menus
tailored to their events.
...... ._,
't' 'z'o"..;-‘,"6-6'd-,-.k-a7c-,-L . '' •'''''',''''-'5, '''''''' "",i'sk,,--'---. Based in the historic Carl Fisher Clubhouse.our approach
,_ will reflect our surroundings—we combine local flavor, a
: commitment to quality and sustainability, and distinctive
elegance on an intimate scale.
.., .
. ..--._ .
-k. --.:0----4' ,;,,4-,,,- •- We represent a collaboration between Centerplate.Spectra
ti ....R:4,:, rzr,.y.
and our Restaurant Colleagues—among the most reputable
•,-
. names in Miami Beach hospitality.We will be delighted to
,:','",:.,.-;. ::'...--.,,'. • serve special event hosts with their next celebration.
•-_
,cit b i
...-,..
L i ,
.,.,,,..
i:..
-- . • COptt
'.1
' .
•
32
DocuSign Envelope ID:97633596-2B38-424E-8582-970CB2F91 A13
We offer a Reception and Beverage Menu for review as we anticipate this will be the
most frequent type of special event that takes place in the Carl Fisher Clubhouse.
RECEPTION
HORS D'OEUVRES PER PIECE
COLD
.Gr/ad Clem Shrimp ,.. Conch salad s .�
Corn Tomato leeifin branded Sushi R lolls .% . On Plantain C.a mm picked cocas,
Tomato and Neth MOIIarella Shooter GPp.ng Sa,:ce,Wntats:and PC lea CnCgo
Caribbean Ceviche Star ... . Npion Slider
de
aaseVho.smoked mors rdb.afro sononade.eaund popabt
Charred ca,al lob/Octopus ;• ono Pre,1,x01,0,4 1p..0 01.1,C,m
tin p:i3Oled.,10,ico1S Velli rcd00111 fomoroet,Crornnbn05oxe Adan Spoon Ahl Tuna Saakl
Canino and Shrimp Leriche :
wan Mortar.Cela Jumbo Sloane Cockatl I. '•
On a Cr00 CUP Chunky Gude Teed
lemons tare npaelaslhil Cu CCI OA Sauce
Roosted tomatoes on 000011 Nan Pro0Wao mopped Shrimp ,
Capeee Sider ':','1 vnlh aernaulode
Wer:lorrgia.'+en Made te.Cele,Sauasn.Bost and Pr110 Ant Goat Cheese and Jig Speed
Om onrush land Wild Salmon ma Asparagus ;0
Won C000y Dion
HOT
Korean pend db boo bun ; _ Argentina Chicken!maenads ._ Nue Crab Cake :;
vnI5 Cerise Aral vnln Gtut Nell)hemoubae
gaabi•Spring Rot
min Sweet and Sour Do,or'g Saco lon Chicken lemongpat slicker • Sacco Wroopad Jumbo Scabep 5' won
mSweat Inti CEO sauce Grktc Crean
Fried epic Pel Sicker is 0, Chicken Codon lieu Coined Reel Reuben and Sabi Skier
r nn Eaton Sauce mm Gre,ae eneete oma pionno'.u. wen Sa,mnlaul and[Poor:n0 Mona(tent.gp
4rme{N Risotto and aware lea I."
shied Tem ele wCrab Cb Salad S'•. Mini Teal Wobeon r 1
w11.1rorn0
n•'o Sauce .
Chicken Ch...Guo,aatla • Pada.Chu:rage Steel ! -• RTO Pulled Pak Sada I;
Chore CnutL appng Sauce Mih.Smoked Cheddar on%reel Pun
Nslochto crusted lamb ba i AIA NN SSaes Mini Cuban lacier I'
Cherry 100CC min Arnrncon Cheese.Shama OnInn and sestet
Jamaican lark Chicken Seta.1 Reuben Cuban 1.
Sweat Chill Chicken Side Cuban Spring Roo :...
Papa Viejo Teponeda S.
Deep Pried conch Palen Mango sauce and molted
Sauthresl Chicken Spring Roe SI With Snacna femau:ode
Mtn exrnlad A•ori Teriyaki feel Cabot; .; and Mushroom Id Sack. ,I
Sewed Min pa aru sauce
33
DocuSign Envelope ID:97633596-2B38-424E-8582-970CB2F91A13
RECEPTION
RECEPTION STATIONS TAPAS TRIO
lopes MAW Sharon`i,•
(tache/or Comatose no cob1J and Inroad vaeoty of Nodestryle tapas win Colored vegetable aches.
ech$01 can little CND{.,,,,nes Dear.toll.Olola la^ea<TKlcn IergO.IOU CIOam,gulsCCmob. 0110,0 roto anactmescs
't
he,jtilope aped Pico de Cato
Slh toy'e•
Chicken.cleat shrimpand jasr-Mne nee Wed Mushroom Ragout Shortcake
Pada Calton. !1' Soar Slurred Pytobeks Muslraonn served in a Pull Pastry
Penne'agnra win mode a vegetables,sprain m,suyoam cl,Sken,I Mntp one sauoge Haney lblbn Pork tenderlokl
• render 110.0 Pak Glazed Alla a honey rioters Redactor&Conal Puttee
Marietta.pelta.n a vodka and bcbgeeso sorted win worm gest r`wkl rydachb Crusted caret of lamb
Macho '.' Santa Aids a Roasted Goll Tsrnip Puree&Cherry gastric
Chicken.inward Peel one vegeratvlr eleven Fool dee•Oc'n ehltrichJn,encRo route.pelta one
p011 lore Lobster Mac I Cheese ren Porkbely
00000.and Poke ( , I Martie Aged Cocoa Jaboerm,Pane•C.neld0r,A wMar,
uey Chedd,lopped wino Panto Crust •
Vvimp.Canino.Conch Solemn.Tum Cnkken t LOmpnereo fel Stickers
Hlod'On Chicken,I emanated.Ginger.ped Grate
Cheese.flues I.Crudites Display = Serums wigs Sop Coder Sauce S Topped ren Creep Cruors and Serrano Seeps
Inverted and Domestic Creese.Sbced Seasonal nnnrl and Romer van an orange honey vogue
aro.Itmfs vegetable Control.Creamy noires dip and loon I Cuero ranch dp.(01000 Wrlh Ikea Cajun/hemp Avocado Cucumber Poo
boouollte one assorted crackers Med fvppoan Cucumbers looped win House Mode GoaC Curdle&Capin Ore b b000 stamp
CMrcutMe.Cheese,hoes a CrldRiz Grand Deploy ": Pink Stump
Rraored oro Domestic Charcularic and Cheese,Ikea Seasons fruits and Lentos wish an wage
Korey vowel da.hear:vegetable Csudlra.Creonry moils dp and spicy Moeda ranch dip etat.emelan feta ben
served wrh tiled Cequellel and assorted eralke,1 Loyerea watermelon I.feta Wirt Aged La6OmC
Roby Octopus
Choeca Octopus win Roasted Com&Poblano Saha
Mrdeenorreen Spears
11:0Le0 Tomatoes.Cucumbers.Fcla Cheese,&10101 10 Caves
Mummus Phyla Rees
Sunal.d Tomato stunnrn+soppednoln creel Herbs A TVOO mark
lemon Cheesecake Mousse
Served Olen hem Ibmbrn,n.Wlpoea C,nom.L Mnr Mn
•
•
RECEPTION
SMALL PLATE STATIONS CARVED TO ORDER STATIONS
Comees SUMS Station (
Weal 1.10d OW loCM Pod!ho wort re Medco City basin lradi'gnal to cos al pasta w In enitbiado logeaM Rosemary Rubbed Turkey I,adtr I:'-
ac
OPon
repaap.soiso verde.corn lorICa1 ad rice and beans Qe•CIanDUry saute.yellowRtuOcld andmayaNcWIP
fried part Mtn corona:Med ars ns.orangesand tree price
Skrw IepperaM Sea Sat 1.rcm
ruded Steamship al Reel' '1 •
warm Com tortillas IbNm
neradln sauce,ume grain diced and:mayonnaise
Moe Sean Chs with Pobtare starch/Peppers
W hlc Rrc enrn ciente herb Incrusted Tenderloin el Seel'
Tnopirlgs and Saucer Corija cheese,Ines croom rancher sauce am 1110 verde I103aadAh soul!,whole groin muarord aM rroyannane
Smoked House s Veal Pastrami Prime• 1,
Sou Incas aide shams throughwrT slow.roauled.liavorlul meet and tangy sided.u perfect blend 01 Slone Drone m1.Ylary,pieties ane lceded he rah
10.001.savory arta 0001.lap r1 all unit'a seism hsc it
Citrus end Ginger Glazed Ham'
Wi"
etorl^Smoked Bract a chutney and caper groundRruntemuirrnd
d ene my Jaw (Son-el el approately 50 marsh:100,0B anur
soadees Mace Cheese
Whiskey Cheddm cOrraneaa Tomohoek`
Cara dusted mirsl kaiser Bone res pone his,seasoned arra grAea To Dees-Ann Solved with honerodnh Sauce nod green
Ternoilo Rehm peppUCtel laiee
Taste at Ado P r (Servo apprcrlmarcht 1S gucslll
vet Mu ltrvs-nohaed oil of rabalayab gribna over open(re rate you((neigh'io!ekon.lied logy Wlole fish Seasonal..•.r.s .-,,
vegan.seaeed and chicken seloc liens occur ooroeo by simplistic Ord htdibn0l 16.30ree. Galled Otsokl bed catch rnoneobed in euros,fNceI and loco'(bran
Ie O5Orings and Say
YOHIon Cod Tops
Cheered chicken Sesame W0ih scabon 1013100 aL gatkc.joy and sh0n'mi spice
Chatted Stehto Wimp .
Ginger take.6001"and garlic louce
Scare Los envy ord estate Sr®sed 0ok envy topped
wen savory date dr.e cd with gripe,oyster sauce
•
Deep feed vogolorion pal sticker Senna wilts sweet ChM usucv
Jasmine Area
34
DocuSign Envelope ID:97633596-2B38-424E-8582-970CB2F91A13
RECEPTION
DESSERT STATIONS
Local Fresh Fruit Cobblers In Skillets' (,3
Stewed fruit compote, topped with dimples of southern buttermilk biscuits.sprinkled with
cinnamon streusel and baked until golden brown.Served with a scoop of French vanilla ice
cream
Bananas Foster or Cherries Jubilee Action Station'
Sliced bananas or cherries in butter with brown sugar,lemon,cinnamon,a splash of um and
flambeed before your eyes.Served over French vanilla ice cream
Ice Cream Social' 't
Premium vanilla ice cream, Rocky Road,Strawberry,and Pistachio presented in on ice bowl with
nuts, cherries,whipped cream,shredded toasted coconut,chopped assorted candy bars and
cookies
Strawberry Shortcake Station' 's•.1.
Build your own station to include:
Fresh strawberries and mixed berry compote
Shortcake biscuits.pound cake, chocolate sauce and whipped cream
Chocolate Dipping Stafion' $13
White and Dark Chocolate
Bananas
Oreos
Pretzels
Brownies
Rice Krispies
Coke Pops: Red Velvet,Carrot Cake, Key lime, and Coconut
35
•
DocuSign Envelope ID:97633596-2B38-424E-8582-970CB2F91A13
HOSTED BARS
SPIRITS WINES COCKTAILS
Ultradremtum a Deluxe ..
Concoctions by Me gallas
Grey Goose Vodka Plac:ao Pinot Grgio ;-cozen Marganto ;
Bombay SOPPNre GP Fetter Vineyards Sauvignon Blanc frozen Pine Colado E t:'I
Bacardi B Rum Fetzer Vineyards.Pinot Noir
Hertodura 5!Iver recxnle Canyon RoodChardonnay Frozen Strawberry Daiquiri I":' Molito
Johnnie Walker Mack Scotch Wolnur Crest'Select",,Metro!
Woodford Reserve Bourbon Beringer Mcnn F.Vine,Cabernet Sauvignon
Crown Royal Whiskey Lychee Martin. -,
BEER Mimosa .: ".
Premium L BeS ro S
Imported leer f. Blooey Maty' S..
Ketel One Vodka - 'Add a toppings bar r
lanqueroy Gin Heineken t
Captain Morgan White Rum Camerono Corona
SiIver legWo Corona Light ,
Dawes 12 Scorch American Premium Beer
Buheit Bourbon r -
Seagram's VO Whiskey
3urswcuer
310 Light
Deluxe i' Miner lite Coeldolls by the glass
O'oours Amber - ..
New Amsterdam Vodka Croft leer 0: Lychee Martin 1 r
Mimosa
Bomocy Original Gin Bell's 5
Bacardi Suoerior Rum Sam Adams Boston Lager Havana I ager Broody Mon/ S
Gose Cuervo Especial Tequila Sob PA
Dewers White Babel Scotch
Rebel!PA
Jock Daniel's Bourbon
Seagram's 7 Whiskey Angry Orchard Soft Drinks
Assorted Came Products 9' :.
Draft Beer-Keg 3olflea Water 52=4
Perrier
Assorted.'lint Juices e?
Domestic
Imported 3;""y'
r
nk
36
DocuSign Envelope ID:97633596-2B38-424E-8582-970CB2F91A13
CASH BARS
SPIRITS WINES
SOFT DRINKS
Ultra•Premium 4'; Deluxe ii
Ir.;•:-:.rlt,-I•I ,, „ tun/ Assorted CakeS Products I•:
Bottled Water 14
Grey Goose Vodka PIacioo Pinot Grigio Perrier I:.--
Bombay
-Bombay Sapphire Gin Fetzer Vineyards Sauv,gnon!Mono Assorted Fruit Juices :.
3ocardi B Rum Fetzer Vineyards.Pinot Noir
Herrodura Silver Tequila Canyon Rood,Chardonnay
Johnnie Walker Black Scotch Walnut Crest"Select".Merlot
Woodford Reserve Bourbon Beringer Main&Vine.Cabernet Sauvignon
Crown Royal Whiskey
BEER
Premium
•,_r Imparted Beer 15
Ketol Ono Vodka
Tanqueray Gin Heineken
Captain Morgan White Rum Cornarena Corona
Silver Tequila Corona Light
D Scotch American Premium Beer
BulledVeit Bourbon bon
Seagram's VC Whiskey
• -' '-'
Budweiser
dud tight
Deluxe 39 Miller Lite
O'Doul's Amber
Now Amsterdam Vodka Craft Beer
Bombay Original Gin ;n •,I,:r:;.!
Bacardi Superior Rum Sam Adams Boston Lager Havana Loger Lager
Dewars While Label Scotch Rebel IPA
Jock Daniel's Bourbon Angry Orchard
Seagram's 7 Whiskey
•
WINES
SPARKLING WINES BY THE BOTTLE WHITE WINES BY THE BOtTLE
PAUSING MINE NMOr GRIGNS CNAAOONNA'r
Iawed r•,v<cco.Poly , ,47a10•pob Cotton Rom-Cl1€o.n.a ..
Ecco Oomao-Pot - 1 .
Song.Polo RcGob-UaY, -, - trowel Mom 6Mna-CaVvr,o :.-
..'-._-- _. CCf is row San Arecmo.r y! •
..,- .. AO/Ac0tio-CoNa•no c:
Clutndon SNl.CnVb,,n •
.
rixor ens t ic.-Coi:ono S
-
Yto- -m stcot•Oregon ,
CNAPAGNE
p.
•
Mw'S Ctrommmp,u•
or tnool sos CYom 5 - vfibm niU[Vole rarer€-Coltunb ;
Vcare CImtOcOl€070.0;Md.S•ul Ctvmprorne'tta••te NOGNIrI S'dGt•:eU0 W�r07-CnN4'W • _
>CntmaC,co'c-Coact no •- -
S'oai leOV'CoOnrv, IRSNNG
Po0i!c Re,-r•wcrt/i^Q-o'
SAUVIGNON SIANC
Duct Euro tag,,.Calliwno :. lost
•
.. MC'u0•Nov CICAC:..
-M•Nn 0004-CCIICf•w
•
wnloltlren•NCw 00000
voorg-P-m•
37
DocuSign Envelope ID:97633596-2B38-424E-8582-970CB2F91A13
RED WINES BY THE BOTTLE
MERLOT
PINOT NOIR
Walnut Crest'Select"-Chile
Fetzer-California S
BV Coastal Estates-CoVornla
Edna Valley-California 12-
Sterling Vintner's Collection-California
Rainslorm-Oregon. `,tt•
MALBEC
Don Miguel Gascon Argentina !..4
CABERNET SAUVIGNON
Fetzer Valley Oaks-California
Dark Horse-California 't(ft Think
(anti .0
Beringer Main&Vine-California
2019-2020
Fiye Rivers Select-Cafifornia
Flonterra Organic-California 1-;
Concha y Toro.Gran Reservo Serie Ribero -are •
• 38
DocuSign Envelope ID:97633596-2B38-424E-8582-970CB2F91 A13
EXHIBIT "3-2"
PUBLIC BENEFITS
1. Emergency Catering Services:
A. Centerplate shall provide Emergency Catering Services, upon the request of
the City Manager. The City and Centerplate will agree upon menu,fixed pricing
and response times required for FEMA reimbursement. Emergency Menu
Items shall be excluded from the calculation of Gross Receipts. Pricing will be
based on existing market conditions and subject to change based on
commodity increase.
2. Public Benefit Programs
A. City will be allowed to use the Carl Fisher as a point of distribution for meals
during emergency events.
B. Centerplate has committed to participate in delineated social programs
including donating unused food to the food bank and/or Housing and
Community Services food distribution programs.
C. Centerplate will develop an agreed upon approach to engage with local Chefs
and others to collaborate in public facing events and activities at the Clubhouse
Buildings, and shall provide at least four (4) local chef participation events at the
Clubhouse Buildings, which may include, without limitation:
1. pop-up restaurants and culinary demonstrations, craft cocktail, beer,
wine and food pairings;
2. creating celebratory occasions for events after 5 like "Roaring 20's
Night" and "An Evening with Ernest Hemingway—Sip, Savor & Storytelling."; and
3. creation of menu items and beverages for the Clubhouse Buildings
by location chefs and restaurateurs like La Chefette, Michelle Bernstein, Joe's
Stone Crab, Azabu.
D. Centerplate will deploy its Culinary & Hospitality internships twice a year,
where aspiring culinary/hospitality local college students, from Miami-Dade
College, Florida International University, etc., can gain valuable, on-the-job
experience working in the many culinary and hospitality disciplines throughout the
Miami Beach Convention Center Campus. As part of our Culinary & Hospitality
internship program, students will work alongside our leaders, create lasting
memories and culinary experiences for our guests and clients while mastering their
craft in one of the most recognized cultural and leisure destinations.
E. Centerplate will work every year with various collegiate hospitality and
career programs from local colleges to bring exposure to this Culinary &
Hospitality internships program thru career and hospitality job fair participation
and meetings.
39
DocuSign Envelope ID:97633596-2B38-424E-8582-970CB2F91A13
F. Centerplate will develop a workforce development program with quantitative
employment targets through interface with local high schools and hospitality
programs with an emphasis on underserved communities. To this end,
Centerplate will continue to partner with Miami Beach High School, by offering
quarterly in-school/on-site culinary demonstrations, career insight sessions of the
meeting and events industry with our leadership team members and provide a
minimum of five (5) the Miami Beach High Hospitality Students, subject to
demand,with a minimum of ten (10)volunteer opportunities throughout the school
year.
40
DocuSign Envelope ID:97633596-2B38-424E-8582-970CB2F91A13
EXHIBIT "3-3"
OUTDOOR CONCESSION AREA GUIDELINES
• The Concessionaire shall only use the Outdoor Concession Area as an
ancillary use for the Clubhouse Buildings and shall also be permitted to serve,
for sale and consumption within the Concession Area, food and beverages,
including the sale and on-premises serving/consumption of alcoholic
beverages.
• Concessionaire shall be solely responsible for applying for, obtaining, and
maintaining (through the Term hereof) a liquor license from the appropriate
governmental authorities.
• Concessionaire may request permission to play live and ambient music, subject
to the City Manager's prior written approval, in the City Manager's sole
discretion.
• The specifications for all equipment and structure to be located within the
Outdoor Concession Area shall be subject to the written approval of the City
Manager. Concessionaire shall be responsible for obtaining any permits and
other governmental approvals for the design and layout of all equipment and
structures to be located in the Outdoor Concession Area, which will include
approval from the City's Planning Board.
• All wares and furniture located on the Outdoor Concession Area shall be
collected from the Outdoor Concession Area and stored at the end of each day.
• Concessionaire shall be required to have a hurricane plan.
• Sale of non-alcoholic beverages shall be subject to the City's exclusive contract
with Coca Cola or other exclusive product agreement which the City may
execute from time to time.
• Utilities: Concessionaire shall be responsible for any costs related to the
permitting and installation of any utilities (including separate meters)which may
be required for use of the Outdoor Concession Area. Concessionaire is solely
responsible for, and shall promptly pay when due, all charges for water,
electricity, and any other utility service provided to the Outdoor Concession
Area. In addition to other rights and remedies hereinafter reserved to the City,
upon the failure of Concessionaire to pay for such utility services when due,
City may elect to pay same, whereby Concessionaire agrees to promptly
reimburse the City upon demand. In no event, however, shall the City be liable,
whether to Concessionaire and/or any third parties, for an interruption or failure
in the supply of any utilities or utilities services to the Outdoor Concession Area.
• Maintenance: The Convention Center Manager shall provide the routine
maintenance for the greenscape and hardscape located within the Outdoor
Concession Area; however, Concessionaire shall be responsible for any
damage to the greenscape and hardscape located in the Outdoor Concession
41
DocuSign Envelope ID:97633596-2B38-424E-8582-970CB2F91 A13
Area. No fixtures or other improvements may be installed on the Outdoor
Concession Area without athe City Manager's prior written consent.
42
DocuSign Envelope ID:97633596-2B38-424E-8582-970CB2F91A13
EXHIBIT "4"
CITY'S COVID-19 GUIDELINES
This Agreement is subject to Miami Dade County and City of Miami Beach Emergency
Orders,with special attention to COVID-19.The following COVID-19 resources, protocols
and procedures can be embedded in the programming with approval by the City.
• Miami Dade County Emergency Orders and New
Normal Guidelines
• CDC Community Organizations & Gatherings -
https://www.cdc.gov/coronavi rus/2019-
n co v/co m m u n i ty/l a rg e-eve n is/considerations-fo r-
events-gatherings.html
• CDC Events and Gatherings Readiness and
Planning Tool -
https://www.cdc.gov/coronavirus/2019-
ncov/down loads/comm u n ity/COVI D 19-events-
gatherings-readiness-and-planning-tool.pdf
• Florida Department of Health
• City of Miami Beach State of Emergency Declaration and Emergency Measures
• CDC COVID-19 Consideration for Outdoor Farmers Markets -
https://www.cdc.gov/coronavirus/2019-ncov/comm u n ity/outdoor-farmers-
markets.htm I
43
DocuSign Envelope ID:97633596-2B38-424E-8582-970CB2F91A13
EXHIBIT "5"
ADDITIONAL INVESTMENT BUDGET
(CLUBHOUSE BUILDINGS)
CARL FISHER CLUBHOUSE CAPITAL INVESTMENT
Construction, Interior Finishes & Fixtures, Furniture, & Signage $500,000
Bar Equipment $45,000
Back of House and Front of House Smallwares $85,000
Subtotal $630,000
Project Management Fees $15,000
Design Fees $25,000
Contingency $80,000
Total $750,000
44
DocuSign Envelope ID:97633596-2638-424E-8582-970CB2F91A13
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
FINANCE AND ECONOMIC RESILIENCY COMMITTEE, AND WAIVING THE
FORMAL COMPETITIVE BIDDING REQUIREMENT IN SECTION 2-367(e) OF
THE CITY CODE, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST
OF THE CITY, AND APPROVING, BY 6/7TH VOTE, AMENDMENT NO. 3 TO
THE CATERING AND CONCESSION SERVICES AGREEMENT, DATED JUNE
5, 2013, WITH SERVICE AMERICA CORPORATION D/B/A CENTERPLATE;
SAID AMENDMENT: (1) EXPANDING THE SCOPE OF THE AGREEMENT TO
INCLUDE THE FOOD AND BEVERAGE SERVICES FOR THE CARL FISHER
CLUBHOUSE BUILDINGS, LOCATED WITHIN THE 21ST STREET
COMMUNITY CENTER COMPLEX, AT 2100 WASHINGTON AVENUE; (2)
APPROVING CENTERPLATE'S CAPITAL CONTRIBUTION, IN AN AMOUNT
NOT TO EXCEED $750,000, FOR THE CARL FISHER CLUBHOUSE
BUILDINGS; (3) RESTRUCTURING THE FINANCIAL TERMS FOR THE
CATERING AND CONCESSION OPERATIONS OF THE MIAMI BEACH
CONVENTION CENTER AND CARL FISHER CLUBHOUSE BUILDINGS, BY
REQUIRING THE CITY TO PAY A MANAGEMENT FEE OF 4% (INSTEAD OF
7%) OF GROSS RECEIPTS, AND REQUIRING CENTERPLATE TO PAY THE
CITY 83% (INSTEAD OF 95%) OF THE NET OPERATING PROFITS; AND (4)
EXTENDING THE TERM OF THE ENTIRE AGREEMENT FOR AN
ADDITIONAL FOUR (4) YEAR PERIOD, EXPIRING ON SEPTEMBER 30,
2026; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AMENDMENT NO. 3.
WHEREAS, on June 5, 2013, the City of Miami Beach and Service America Corporation
d/b/a/ Centerplate ("Centerplate") entered into a Catering and Concession Services Agreement
for the Miami Beach Convention Center("MBCC"), having an initial term of three (3) years, with
two (2) one-year renewal terms, at the City's option (the"Agreement'); and
WHEREAS, in order to ensure continuity of services for a full operational year, following
the completion of the MBCC project, on April 13, 2016, the Mayor and City Commission adopted
Resolution No. 2016-29369, waiving the formal competitive bidding requirement and approving
an additional two (2) year and three (3) month extension of the term, expiring on September 30,
2020, as memorialized in Amendment No. 1 to the Agreement, with an effective date of July 1,
2016; and
WHEREAS, on September 12, 2018, the Mayor and City Commission adopted
Resolution No. 2018-30507, approving Amendment No. 2 to the Agreement, executed on
October 3, 2018, extending the term of the Agreement from September 30, 2020 to September
30, 2022 and modifying the management and fee structure of the Agreement; and
WHEREAS, as consideration for the two-year extension, memorialized in Amendment
No. 2, Centerplate made a capital investment of$150,000 toward food service capital projects,
in addition to the $300,000 capital investment required in the Agreement at the time, and
restructured the financial terms of the Agreement to provide for the City to receive 95% of the
net operating profit of the catering and concession operations at the MBCC; and
DocuSign Envelope ID:97633596-2B38-424E-8582-970CB2F91A13
WHEREAS, the goal of the modification to the financial terms was to transition the
relationship between the City and Centerplate, from a concession agreement, where
Centerplate was granted a right to make all catering and concession management and
operational decisions for MBCC, and therefore receive all profits for their services, to an
agreement where the City and Centerplate are positioned as partners (financially and
operationally)for increased success and overall flexibility in the relationship; and
WHEREAS, in 2019, the Administration sought to renovate the Carl Fisher Clubhouse
and Clubhouse Annex (f/k/a Little Stage Theater) (collectively the "Carl Fisher Clubhouse" or
"Carl Fisher Clubhouse buildings") with the vision to make Collins Canal Park a center of action
with people from the neighborhood and tourists gathering for events and relaxation; and
WHEREAS, at its January 15, 2020, City Commission meeting, the Mayor and City
Commission directed the City Administration to issue a Request for Letters of Interest (RFLI)for
a Food and Beverage Operator(Restaurant Venue) at the Carl Fisher Clubhouse; and
WHEREAS, on January 27, 2020, by way of LTC, the Administration requested
authorization to issue a Request for Proposals (RFP), instead of an RFLI, in order to better
assess the qualifications, methodology, and financial factors associated with this project and
avoid the possibility of any future award requiring a bid waiver; and
WHEREAS, accordingly, on January 28, 2020, the Administration issued Request for
Proposals (the "RFP") 2020-109-WG for a Food and Beverage Operator at the Carl Fisher
Clubhouse, seeking proposals from experienced restaurateurs to provide the food and beverage
services operation and management of a high quality, yet casual, canal/park destination
restaurant; and
WHEREAS, on March 10, 2020, the City received only one proposal, from Centerplate;
and
WHEREAS, in the event that only one responsive proposal is received, the City
Manager, after determination that the sole responsive proposal materially meets the
requirements of the RFP, may, without an evaluation committee, recommend to the City
Commission that the Administration enter into negotiations; and
WHEREAS, the proposal submitted by Centerplate, was found to be responsive to the
requirements of the RFP, and also satisfied the City's primary goal of ensuring that the Carl
Fisher Clubhouse buildings would be an integral extension of the MBCC Campus, and providing
the same level of service to the public as is provided at the MBCC; and
WHEREAS, on July 29, 2020, the Mayor and City Commission adopted Resolution No.
2020-31334 awarding the contract pursuant to the RFP to Centerplate and referring a
discussion on the material terms of the Agreement to the Finance and Citywide Project
Committee (n/k/a the "Finance and Economic Resiliency Committee" (FERC)); and
WHEREAS, on September 23, 2020, FERC discussed the material terms of the
agreement in response to the RFP, proposing an amendment to the Agreement to include the
scope of the RFP in the Agreement, and extending the term of the Agreement, so that the
services for the Carl Fisher Clubhouse buildings and the MBCC food and beverage services
would run concurrently, and voted, by acclamation, to move the item to the full City
Commission; and
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WHEREAS, the Administration recommended amending the Agreement to include the
scope of the RFP, due to the synergy of services between the MBCC and the Carl Fisher
Clubhouse buildings; and
WHEREAS, one key element of the negotiations was the development of a collective
financial approach, including the MBCC, designed to emphasize the importance of achieving
mutually desired profit levels for the City through the effective management techniques of
Centerplate; and
WHEREAS, under the current terms of the Agreement, Centerplate receives a monthly
Management Fee equal to 7% of Gross Receipts and 5 % of the monthly Net Operating Profits,
with the City receiving 95% of the monthly Net Operating Profits; and
WHEREAS, part of the essential proposed financial terms of Amendment No. 3
("Amendment") to the Agreement include a reduction in the percentage of fees incurred by the
City of Miami Beach in relation to Gross Receipts generated by the Carl Fisher Clubhouse
buildings and the MBCC and restructures the share of Net Operating Profits that is available to
Centerplate; and
WHEREAS, the essential terms of the proposed Amendment are as follows:
1. Financial
a. Management Fee -4% of Gross Receipts
b. Profit Sharing Distribution — City - 83% of Net Operating Profits;
Centerplate— 17% of Net Operating Profits;
2. Extension of Term of Entire Agreement
Amendment No. 3 will create a co-terminus expiration date of September 30,
2026 for both, the MBCC and the Carl Fisher Clubhouse buildings, operations.
There are no additional options to extend the Agreement beyond this date;
3. Capital Investment
Centerplate will invest up to $750,000 in capital improvements designed to
increase the Carl Fisher Clubhouse buildings' attractiveness and support a
successful operation;
4. Proforma— Financial Modeling
The City and Centerplate will develop a five-year financial forecast to be used as
a reference point to assess the ongoing overall financial performance of Carl
Fisher Clubhouse buildings' operations and food and beverage operations at
M BCC;
5. Emergency Catering Services
City will be allowed to use the Carl Fisher Clubhouse buildings as a point of distribution
for meals during emergency events;
6. Public Benefit Programs
• the City will have access to space with a specified"at cost"structure including no
rental charges; and
• Centerplate will develop a workforce development program with quantitative
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employment targets through interface with local high schools and hospitality
programs with an emphasis on underserved communities;
7. Local Chefs Participation
Centerplate will develop an agreed upon approach to engage with local Chefs and
others to collaborate in public facing events and activities; and
8. Sustainability
A comprehensive sustainability program will be instituted designed to reduce non-
recyclable or compostable waste to a minimum; and
WHEREAS, as the proposed extension of the term would result in a concession
agreement in excess of ten years, pursuant to Section 1.03 (f) of the City Charter, the proposed
Amendment requires approval by a majority of 4/7th vote of all members of the Planning Board
and 6/7th vote of all members of the City Commission; and
WHEREAS, on March 17, 2021, the Mayor and City Commission referred Amendment
No. 3 to the Agreement to the Planning Board (item C4 H); and
WHEREAS, the Planning Board met on April 27, 2021 and approved, by 4/7ths vote,
pursuant to Section 1.03(f) of the City Charter, and Section 118-51(11) of the City's Land
Development Regulations, Amendment No. 3 to the Agreement; and
WHEREAS, the terms of the proposed Amendment create a balanced approach to
achieving a positive financial outcome and enhancing the quality of life for our community; and,
as such, the City Manager recommends that the Mayor and City Commission waive, by 517th
vote, the formal competitive bidding requirement in Section 2-367(e) of the City Code, as being
in the best interest of the City, and approve, by 6/7th vote, Amendment No. 3, incorporated
herein by reference and attached hereto as Exhibit"A".
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the Finance and Economic Resiliency
Committee, and waive the formal competitive bidding requirement in Section 2-367(e) of the
City Code, finding such waiver to be in the best interest of the City, and approve, by 6/7th vote,
Amendment No. 3 to the Catering and Concession Services Agreement, dated June 5, 2013,
with Service America Corporation d/b/a Centerplate; said amendment: (1) expanding the scope
of the Agreement to include the food and beverage services for the Carl Fisher Clubhouse
buildings, located within the 21st Street Community Center Complex, at 2100 Washington
Avenue; (2) approving Centerplate's capital contribution, in an amount not to exceed $750,000,
for the Carl Fisher Clubhouse buildings; (3) restructuring the financial terms for the catering and
concession operations of the Miami Beach Convention Center and Carl Fisher Clubhouse
buildings, by requiring the City to pay a Management Fee of 4% (instead of 7%) of Gross
Receipts, and requiring Centerplate to pay the City 83% (instead of 95%) of the Net Operating
Profits; and (4) extending the term of the entire Agreement for an additional four(4) year period,
expiring on September 30, 2026; and further authorize the Mayor and City Clerk to execute
Amendment No. 3.
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PASSED AND ADOPTED this day of 2021.
{
ATTEST:
Dan Gelber, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
S '3 -Zl
City Attorney /!f Date
DocuSign Envelope ID:97633596-2B38-424E-8682-970CB2F91A13
ATTACHMENT B
Centerplate Amendment#3 Financial Structure Comparison
for illustrative purposes only based on projects.
'
,
Current Structure I Proposed Structure I
Management Fee Paid by Cityl 7% Management Fee Paid by City' 4%
Revenue Share Paid by Centerplate2 95% Revenue Share Paid by Centerplate2
83%
Projected Revenue I Projected Revenue
Catering Sales $ 2,515,787 Catering Sales $ 2,515,787
Special Event Catering Sales '$ 380,000 Special Event Catering Sales $ 380,000 I
Concessions Sales I$ 1,015,768 Concessions Sales $ 1,015,768 I
---
Other Income ,$ 1,072,444 Other Income $ 1,072,444 I
Projected Gross Revenue $ 4,983,998 Projected Gross Revenue $ 4,983,9981
Expenses 1 Expenses i
Cost of Sales $ 982,444 Cost of Sales $ 982,444
Admin/Office Labor 1$ 109,056 Admin/Office Labor $ 109,056 I
Variable Labor $ 946,676 Variable Labor $ 946,676
Semi Variable Labor I$ 1,410,673 Semi Variable Labor $ 1,410,673
Operating Expenses ,$ 637,848 Operating Expenses $ 637,848 I
Depreciation ,$ 56,400 Depreciation $ 56,400 I
Property Taxes 1$ 10,315 Property Taxes $ 10,315 I
Management Fee I$ 348,880 Management Fee $ 199,360
Projected Expenses'$ 4,502,292 Projected Expenses $ 4,352,772
1
Projected Gross Revenue $ 4,983,998 Projected Gross Revenue $ 4,983,998
Projected Expenses . $ 4,502,292 Projected Expenses $ 4,352,772
Projected Net Revenue $ 481,706 Projected Net Revenue $ 631,226 1
1 _
Current Management Fee to Centerplate Current Management Fee to Centerplate
(7%of Gross Revenue) $ 348,880 (4%of Gross Revenue) $ 199,360
Current Revenue Share to City(95%of Net Current Revenue Share to City(83%of Net
Revenue) $ 457,621 Revenue) $ 623,918
Total City Yield(Current Structure) $ 108,741 Total City Yield(Proposed Structure) $ 324,558
Resolutions-R7 F
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: May 12, 2021
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF
THE FINANCE AND ECONOMIC RESILIENCY COMMITTEE, AND
WAIVING THE FORMAL COMPETITIVE BIDDING REQUIREMENT IN
SECTION 2-367(E) OF THE CITY CODE, FINDING SUCH WAIVER TO BE
IN THE BEST INTEREST OF THE CITY, AND APPROVING, BY 6/7TH
VOTE, AMENDMENT NO. 3 TO THE CATERING AND CONCESSION
SERVICES AGREEMENT, DATED JUNE 5, 2013, WITH SERVICE
AMERICA CORPORATION D/B/A CENTERPLATE; SAID AMENDMENT: (1)
EXPANDING THE SCOPE OF THE AGREEMENT TO INCLUDE THE FOOD
AND BEVERAGE SERVICES FOR THE CARL FISHER CLUBHOUSE
BUILDINGS, LOCATED WITHIN THE 21ST STREET COMMUNITY
CENTER COMPLEX, AT 2100 WASHINGTON AVENUE; (2) APPROVING
CENTERPLATE'S CAPITAL CONTRIBUTION, IN AN AMOUNT NOT TO
EXCEED $750,000, FOR THE CARL FISHER CLUBHOUSE BUILDINGS; (3)
RESTRUCTURING THE FINANCIAL TERMS FOR THE CATERING AND
CONCESSION OPERATIONS OF THE MIAMI BEACH CONVENTION
CENTER AND CARL FISHER CLUBHOUSE BUILDINGS, BY REQUIRING
THE CITY TO PAY A MANAGEMENT FEE OF 4% (INSTEAD OF 7%) OF
GROSS RECEIPTS, AND REQUIRING CENTERPLATE TO PAY THE CITY
83% (INSTEAD OF 95%) OF THE NET OPERATING PROFITS; AND (4)
EXTENDING THE TERM OF THE ENTIRE AGREEMENT FOR AN
ADDITIONAL FOUR (4) YEAR PERIOD, EXPIRING ON SEPTEMBER 30,
2026; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AMENDMENT NO. 3.
(ITEM TO BE SUBMITTED IN SUPPLEMENTAL)
SUPPORTING SURVEY DATA
Not Applicable
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
No No
Page 482 of 859
Strategic Connection
Prosperity- Develop the Convention Center campus.
Legislative Trackino
Tourism and Cultural Development/Procurement
Page 483 of 859