83-17311 RESOLUTION NO. 83-17311
A RESOLUTION APPROVING AN AMENDMENT TO THE AGREEEMENT
WITH FOOD MANAGEMENT ASSOCIAl'LS TO PLACE QUARTERLY
PAYMENTS IN A TRUST ACCOUNT.
(Convention Center food and beverage concessionaire)
Whereas, the contract between the City of Miami Beach and Food Management
Associates requires monthly payments of $12,500 to meet the annual minimum
guarantee of $150,000 and in addition, when gross sales exceed the minimum
in each quarter, Food Management Associates is required to pay 23.5% of the
overage, and
Whereas, Food Management Associates contends that percentage payments
above and beyond the minimum should be on a cumulative basis with a final
accounting and payment at the end of the contract year,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION of the City of
Miami Beach, Florida, that the attached agreement calling for deposit of
quarterly payments in excess of the guarantee into a City Trust account, and
rebates of any overage of monies paid by Food Management Associates during
the contract year with any interest earned by the City, if applicable, will
be reported and paid on an annual basis after each anniversary date of
the contract, be and the same is hereby approved and execution thereof
by the Mayor and City Clerk is hereby authorized.
PASSED and ADOPTED this 6th day of April, 1983.
Mayor
ATTEST:
City Clerk
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AGREEMENT
AGREEMENT made this 2nd day of March, 1983, between the CITY
OF MIAMI BEACH, a municipal corporation of the State of Florida
(hereinafter referred to as the "City") and FOOD MANAGEMENT
ASSOCIATES, a corporation maintaining a Dade County office at 1901
Convention Center Drive, Miami Beach, Florida (hereinafter referred
to as "Concessionaire" ) .
WITNESSETH
1. Effective immediately, Concessionaire' s quarterly payments
to the City (pursuant to Invitation to Bid No. 93-74: that certain
Concession Agreement between the City and the Concessionaire, and
its predecessor in interest and assignor: Refreshment Service Co.
dated October 11, 1974; which documents, as amended, are all
incorporated by reference and deemed inserted herein) , which
payments are in excess of the guarantee against equal monthly
installments (as set forth in page 26 of Invitation to Bid No. 93-
74) shall be held by the City of Miami Beach in a City trust account.
2. Rebates of any overage, if applicable, of moneys paid by
said Concessionaire during the contract year, with any interest
earned by the City on said moneys, shall be reported and paid on an
annual basis, after each anniversary date of the contract.
The City of Miami Beach and the Concessionaire, Food Management
Associates, by and through their duly authorized City Manager and
President, respectively, are both aware of this Agreement and
approve its terms and conditions.
CITY OF :EAC"
Naggii
6Attest: By
ROB W. PARKINS
417-11.4.11„? City Manager,,
CITY CLERK
Confirmed by City Commission Mayor
4/6/83
F D MANAGEMENT ASSOCIATES
Witnesses:
By N.J.,
OSCAR ZIMMERMAN
President
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